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

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

Vol. 149 WASHINGTON, TUESDAY, JUNE 3, 2003 No. 80 House of Representatives The House met at 10:30 a.m. very effective drug called money, and cannot afford the drugs that are avail- f they are using it to change the way able today. America thinks. Here in Washington In Ohio, as in other parts of the coun- MORNING HOUR DEBATES you see the drug companies’ money ev- try, seniors have grown tired of wait- The SPEAKER. Pursuant to the erywhere. They spend untold millions ing for the Federal Government to ad- order of the House of January 7, 2003, on high-priced inside-the-Beltway law- dress the high price of prescription the Chair will now recognize Members yers to tell the administration and drugs. They know they cannot count from lists submitted by the majority Congress that State initiatives to con- on President Bush, who receives mil- and minority leaders for morning hour trol drug costs violate the law by put- lions of drug company dollars. They debates. The Chair will alternate rec- ting Medicaid beneficiaries at risk. know they cannot count on the Repub- ognition between the parties, with each And they spend big money, really big lican leadership. The Ohio Coalition for party limited to not to exceed 30 min- money to sell this message to Congress Affordable Drugs wants to let the citi- utes, and each Member except the ma- and the White House. The drug compa- zens of Ohio decide for themselves; and jority leader, the minority leader or nies spent over $70 million lobbying PhRMA, the drug industry’s lobbying the minority whip limited to not to ex- House and Senate Members during the arm, is pulling out all the stops to ceed 5 minutes. last election cycle. They spent almost block their plan. The Chair recognizes the gentleman $90 million on political campaign ads. Millions of Ohioans would benefit from Ohio (Mr. BROWN) for 5 minutes. They know where their bread is but- from this plan. Savings are estimated as high as 50 percent. That is why f tered. They know who their friends are. PhRMA is working so hard to make Almost 90 percent of their campaign MONEY: THE PHARMACEUTICAL sure the proposal never makes it to the spending was on behalf of Republicans. INDUSTRY’S MIRACLE DRUG ballot in Ohio. PhRMA sued over the And they were especially generous to Mr. BROWN of Ohio. Mr. Speaker, language of the proposal. After that PhRMA, the lobbying shop for Amer- President Bush in his 2000 race and al- failed to stop the initiative, they chal- ica’s drug companies, has a problem- ready for his 2004 race. lenged petitions trying to get people’s And by any standard, the money that atical condition. It is suffering from signatures disqualified because they drug companies have spent on Repub- that most debilitating of special inter- had moved or because they have not est deficiencies: sickly message. licans is well spent. Rather than use its voted for a couple of years. PhRMA has to come in with a straight influence to bring down prices in the But the complete absence of a valid face and tell public officials: if you sup- United States, the Bush administra- argument has never slowed the drug in- port efforts to lower the cost of pre- tion, infused with all kinds of drug industry’s friends down. No, PhRMA scription drugs, we will not have the dustry campaign dollars, is using its marches relentlessly on in its efforts to resources to develop the next genera- power to prevent Americans from pur- derail the Ohio prescription drug sav- tion of miracle medicines. chasing the same medicine in Canada ings issue. PhRMA plans to spend $16 Now, anyone who knows even a little for one-half, one-third, and one-fourth million, more than the total amount of about the drug industry knows that the price. The Medicare prescription money spent on the Governor’s race that argument does not hold water. We drug bill passed last year by the Repub- last year in Ohio. The drug industry know that with profit margins consist- lican-led House does nothing to curb plans to spend $16 million to keep the ently pushing 20 percent, the drug com- the ever-escalating price of drugs. In issue off the ballot; and if it gets on the panies are the most profitable industry fact, the Republican bill throws more ballot, millions of dollars to defeat it. in America for 20 years running. They money, more government dollars, more That is money they did not spend re- have the lowest tax rate in America. taxpayer funds at the drug companies. searching medical breakthroughs. It is Half of all the drugs developed in this For the 11⁄4 million people in my money they are not spending helping country, half of all the research and de- State of Ohio without health insur- families afford the latest generation in velopment for drugs in this country is ance, and for the tens of millions miracle drugs. done by taxpayers. But without a shot throughout this country, the problem No, the drug industry is spending in the arm, PhRMA, the drug indus- is not whether the giant multinational that $16 million to delay and to deny try’s lobbying arm, PhRMA’s case of drug companies will be able to afford to the citizens of Ohio an opportunity to anemic message might result in an develop another version of Viagra or exercise their right to vote on whether acute loss of profits. another ‘‘Me Too’’ drug. For working prescription drug prices should come Fortunately for the drug industry, it Ohio families and seniors struggling to down. PhRMA is not engaging in a de- has found a miracle cure of its own, a make ends meet, the problem is they bate or arguing against the merits of

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

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VerDate Jan 31 2003 23:38 Jun 03, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.000 H03PT1 H4790 CONGRESSIONAL RECORD — HOUSE June 3, 2003 the plan; they are smart enough to the Child Protection Act to prevent the law’s benefits. Let me repeat: 40 know a losing campaign when they see and punish sexual predation against times as many taxpayers who get no one. Instead, they are trying to get the our children. And the war budget to benefit from the cuts as there are mil- election called on a technicality. fund the liberation of Iraq and the re- lionaires who get 44 percent of the PhRMA, the drug industry, and the construction of its government. law’s benefits. Republicans are counting on PhRMA’s Mr. Speaker, this Congress is helping What can we say about a tax cut and money, the miracle pill that has this President produce results. And a fiscal policy which rewards the rich worked before, to make its problems go with every law we pass and he signs, we at the expense of the middle income? away. I do not know if that trusty rem- move another step closer to fulfilling What can we say about a tax cut which edy will work this time. There is a America’s promise and, just as impor- will force us to cut health care, edu- growing understanding in Ohio, and I tant, fulfilling our promise to America. cation, and homeland security? What think there is throughout the country, f can we say about a tax cut and fiscal that when push comes to shove the policy which deprives the government BAIT AND SWITCH drug industry’s priority is profit, not of revenue it needs to make the United patient safety. If the drug company’s The SPEAKER pro tempore. Pursu- States a strong and vital Nation? real priority is patient safety, why are ant to the order of the House of Janu- The normally staid Financial Times they spending so much money to en- ary 7, 2003, the gentleman from New of Britain answered the question this sure that we cannot afford the medi- Mexico (Mr. UDALL) is recognized dur- way: the lunatics are now in charge of cine that so many of us need? ing morning hour debates for 5 min- the asylum. The lunatics are now in f utes. charge of the asylum. Mr. UDALL of New Mexico. Mr. f FULFILLING OUR PROMISE Speaker, what the gentleman from The SPEAKER pro tempore (Mr. Texas (Mr. DELAY) does not say is that PRESCRIPTION DRUG PACKAGE SCHROCK). Pursuant to the order of the what this piece of legislation on the IMPORTANT FOR RURAL HEALTH House of January 7, 2003, the gen- floor today does is take away a wom- CARE tleman from Texas (Mr. DELAY) is rec- an’s right to choose, take away a wom- The SPEAKER pro tempore. Pursu- ognized during morning hour debates an’s right to reproductive freedom, and ant to the order of the House of Janu- for 5 minutes. it is part of a concerted effort on behalf ary 7, 2003, the gentlewoman from West Mr. DELAY. Mr. Speaker, this week, of the Republican Party to pack the Virginia (Mrs. CAPITO) is recognized the House of Representatives will im- courts with judges who would repeal during morning hour debates for 5 min- plement another item on the Presi- Roe v. Wade. That is what the real utes. dent’s agenda. We have been voting for issue is when it comes to this piece of Mrs. CAPITO. Mr. Speaker, I stand 6 years to ban the cruel and unneces- legislation the gentleman from Texas here today as a Member of Congress to sary violence of partial-birth abortion. just talked about. emphasize the importance of passing a At long last, Congress will take the Mr. Speaker, last month, President meaningful, comprehensive prescrip- same decision our constituents took Bush visited my home State of New tion drug package now. But I know my years ago. We will call infanticide by Mexico. He came to sell his tax cut. voice is small, even as a Member of its name. The President said, and what many of Congress, compared to a senior citizen The House is well aware of the de- his minions have been saying over the who has to choose between paying for bate, and we will repeat it once again last couple of months, is that every living expenses or prescription drugs. before we finally send this legislation taxpayer was going to be helped by this That voice needs to be heard in Con- to a President who is willing to sign it. tax cut. He emphasized how the child gress. It will become law. And when it does, tax credit would help all taxpayers. I heard that voice in Paw Paw, West we will become a slightly better Nation Well, now the bill has been signed and Virginia. I heard that voice in Martins- for it. we have read the fine print, and guess burg, West Virginia. And I heard that But beyond the specific victory this what? New Mexico, in fact, is going to voice again in Mill Creek, Moorefield, will be for its tireless proponents, the get very little in the way of a tax cut Franklin, Gassaway, and Cedar Grove. passage and enactment of the Partial- for working families. Virtually noth- Those are all of the towns in West Vir- Birth Abortion Act will be a victory for ing. Zero. Nada. ginia that I visited and have visited the American families we were sent When I was Attorney General and we during my year-long district tour of here to serve. used to work on cases called consumer rural health centers and during the Last November, in the face of uncer- scams, we used to call this tactic bait last two district work periods. tainties about war in Iraq and a sag- and switch: tell them one thing to sell I am sure I will hear that voice again ging economy, the American people them the idea and complete the sale, when I visit more rural health care elected this Congress to get things and give them something completely centers. I will probably hear it more done. Our mandate was to rise above different and hope they will never find from women, because women represent partisan gridlock to complement Presi- out. Bait and switch. One of the oldest 72 percent of the population age 85 and dent Bush’s leadership instead of un- consumer scams. That is what this tax older. dermining it. Five months into our cut was all about. first session, we have passed major leg- The Republican National Committee b 1045 islation not just in the House but in is also in on this scam. The committee, Mr. Speaker, women are more likely the Senate as well. And we are not just on its Web site, asks the question: Who to have lower incomes in their retire- passing paper, we are passing laws. benefits under the President’s plan? ments. There are twice as many women In addition to the partial-birth abor- And I read from the Web site: ‘‘Every- as men 65 years or older with annual tion ban, the Armed Services Natu- one who pays taxes, especially middle incomes less than $10,000. ralization Act has significant bipar- income Americans.’’ I want to modernize Medicare with a tisan support and can quickly become Why bait and switch? Because they guaranteed prescription drug benefit so law. We are also pursuing the Presi- do not want you to know who gets the when I visit my district again and re- dent’s initiative to reform Medicare lion’s share of benefits from this tax sume my rural health tour, it is not to with a prescription drug benefit to help cut: millionaires. In 2005, 200,000 tax- hear what the problem is, but to say those seniors who need it the most. payers making $1 million or more will that the problem has been worked on This is on top of the jobs and growth get 44 percent of the benefits. Eight and a solution has been passed by this package to create more than 1 million million, mostly low- and middle-in- Congress. new jobs and provide for our economic come taxpayers will not receive any f security. benefit, not a penny from the law. And the global AIDS bill to help curb Forty times as many taxpayers who MISGUIDED REPUBLICAN POLICIES the spread of HIV/AIDS in the most get no benefit from the cuts as there The SPEAKER pro tempore (Mr. vulnerable regions of this world. And are millionaires who get 44 percent of SCHROCK). Pursuant to the order of the

VerDate Jan 31 2003 23:38 Jun 03, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.001 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4791 House of January 7, 2003, the gentle- in the mail, you get zero because, un- pocketbook of workers, we put incen- woman from Texas (Ms. JACKSON-LEE) fortunately, all of the folk rushing to tives for workers to invest, and it cre- is recognized during morning hour de- give all of the money to the richest of ates jobs. bates for 5 minutes. this Nation forgot about giving a tax One of the issues I have been involved Ms. JACKSON-LEE of Texas. Mr. cut to those who deserve it the most. in over the last several years has been Speaker, I rise this morning to applaud And let me cite the New York Times an effort to bring fairness to the Tax the process that is beginning in the on Sunday, June 1, that says ‘‘Second Code, and that is to address the issue of Middle East this very morning. I re- study finds gaps in tax cuts.’’ The gaps the marriage tax penalty. A quirk in mind my colleagues of the long journey are that working Americans do not the Tax Code or a complicated Tax that we have taken toward peace. I am really get the tax cut that they need, Code which has gotten more com- reminded of the continuous and ongo- that 95 percent of this money goes to plicated over the years where you had ing negotiations of the administration those making $374,000. Former Sec- a situation where both the husband and of President William Jefferson Clinton, retary of the Treasury Paul O’Neill wife were in the workforce, and be- who believed in the concept of peace in said this is an economy geared towards cause they both are in the workforce the Middle East. I recall the near-mid- the richest. It says, ‘‘Clearly, low-in- and pay Federal income taxes, when night negotiations prior to the inau- come taxpayers will not receive any they file, as married, they file jointly, guration of this President that Presi- benefits from this law.’’ It goes on to combine their incomes, and that dent Clinton engaged in. The single cite the egregiousness of the $350 bil- pushes them into a higher tax bracket; word I remind my colleagues of is ‘‘en- lion tax cut where working poor, mak- whereas if they lived together and filed gagement.’’ ing $10,000 a year, do not get a child tax as two single people, they would have I am reminded of my floor speech in credit. saved money. Is that right, that under February, 2001, saying to the new ad- Do Members know how many chil- our Tax Code 42 million married work- ministration that you cannot cease to dren they represent in America? ing couples paid on average $1,700 in engage in the peace process of the Mid- Twelve million children are not im- higher taxes just because they are mar- dle East. Unfortunately, our voices pacted by this tax cut. Now we have ried? were not listened to, and so for at least the other body trying to fix it by pro- I have an example of a couple in Jo- a 9-to-10-month period the suicide posing a Senate bill, if you will, that liet, Illinois, that I represent, Jose and bombings continued, the lack of en- fixes it; but let me tell you how long it Magdalena Castillo. They are construc- gagement promoted nonpeace in the takes for a bill to get through this Con- tion workers in Joliet. Their son is Middle East. gress: a long time. They are even de- Eduardo and their daughter is Caro- Today, I am gratified that there is bating the fact whether or not an oppo- lina. For them, their marriage tax pen- now a recognition that the only way we nent of the bill will require 60 votes. alty has been about $1,400. For them, can bring the parties to the table is to I can assure Members that all of the $1,400, that is several months’ worth of remain engaged. I encourage and, of voices that were raised telling Mem- car payments or day-care for their chil- course, ask that this administration bers this was a bogus tax cut, those dren while they are at work, or home not make this a 48-hour tailspin of suggesting it would create jobs, what a mortgage payments for this family. So meetings and greetings, but that we se- joke. It takes a million dollars to cre- eliminating the marriage tax penalty riously continue to engage with our ate two jobs under the Bush plan. If the and bringing fairness to the Tax Code will make a big difference in the lives friends in the Middle East, the Pal- Democratic plan had passed, we would of the Castillos of Joliet, Illinois. estinians and the Israelis, and work have had investment in health care and investment in homeland security. We I am proud to say in the first tax cut with them hand in hand on the ques- would have had investment in trans- of 2001, we passed the first effort into tion of peace. I would ask that we con- portation. What would that have done law to eliminate the marriage tax pen- tinue to do so. alty. It had twice been vetoed by Bill Mr. Speaker, I want to say one word to the increasing job loss? It would Clinton, but President Bush signed it about the three-vote removal of the have created more jobs. Mr. Speaker, a bogus tax plan has into law, an effort to phase out the First Amendment yesterday by the been passed. Americans need to wake marriage action penalty. I am pleased FCC. Unfortunately, three Republican up and deal with the idea of fighting to commend the President for signing commissioners decided that the First for what is right. We will continue to into law the Jobs and Economic Amendment did not need to be pro- fight for it and find a way to provide Growth Package that made effective moted in this Nation by allowing the jobs and opportunities for Americans. this year the elimination of the mar- media to be able to conglomerate f riage tax penalty. So rather than Jose print, TV, and radio in one hand. I had and Magdalena Castillo having to wait a town hall meeting by radio, by ESTABLISHING FAIRNESS IN TAX over this decade for the marriage tax KPFT, where 5,000 people listened to CODE penalty to be eliminated, we elimi- one of the commissioners who had The SPEAKER pro tempore. Pursu- nated it this year. sense and indicated that America does ant to the order of the House of Janu- So that means the Castillos will have itself a disservice when America extin- ary 7, 2003, the gentleman from Illinois an extra $1,400 that they will be able to guishes the voices of opposition. (Mr. WELLER) is recognized during spend at home to take care of their In small or rural markets where one morning hour debates for 5 minutes. family’s needs, make some improve- conglomerate owns every voice, we will Mr. WELLER. Mr. Speaker, I rise ments around the house, buy some not hear a different perspective. Shame today to commend President Bush for back-to-school clothes, and make a on the FCC. I call on this Congress to his leadership, to thank this Congress down payment on a new car. That cre- do something that makes sense and for passing a tax plan that is predicted ates jobs. speak on behalf of the American people by outside and independent economists I am pleased to say the President and reignite the First Amendment. to generate about 1.3 million new jobs signed the legislation passed by a ma- Let me conclude by making an an- over the next 18 months, legislation jority of the House and the Senate, nouncement to just be able to reaffirm that says if you pay Federal income which will eliminate the marriage tax that all of the promises made by the taxes, you will receive Federal income penalty now. $350 billion tax cut is nothing but gar- tax relief. When we think about it, this unfair- bage. There is no truth in it whatso- For the people of Illinois that I rep- ness in the Tax Code had existed for ever; and I am proud to stand here and resent, it is estimated that the average years, and those on the other side of say I voted against it. The New York Illinois family will see an extra thou- the aisle, they resisted efforts to elimi- Daily News says the poorest suffer the sand dollars in higher take-home pay. nate the marriage tax penalty. They unkindest. They were told they were If they are Federal income taxpayers, said we could better spend the money going to get a child tax credit, and if they will receive Federal income tax here in Washington than Jose and you are the working poor, working relief. Magdalena Castillo back in Joliet, Illi- every day, providing for your family, The bottom line is that it will create nois. I am pleased to say that a major- guess what, you do not get a $400 check jobs. If we put extra money in the ity of this House believes that Jose and

VerDate Jan 31 2003 23:38 Jun 03, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.005 H03PT1 H4792 CONGRESSIONAL RECORD — HOUSE June 3, 2003 Magdalena Castillo of Joliet, Illinois, cronies are about, it was right there on people in his original proposal, the can better spend their hard-earned the front page of the Times last Thurs- Senate Republicans did not have it, the money back in Joliet, Illinois, than I day: ‘Tax Law Omits $400 Child Credit House Republicans did not have it. How and my colleagues can for them here in for Millions.’ can they come down here and suggest Washington. ‘‘The fat cats will get their tax cuts. that somehow it is an oversight? They I think we need to be celebrating the But in the new American plutocracy, say they are going to correct it. I hope fact that we eliminated the marriage there won’t even be crumbs left over they do correct it, but that is going to tax penalty, and we did it in two ways. for the working folks at the bottom of take some time, and I question wheth- For those who itemize their taxes, peo- the pyramid to scramble after. er in fact they really will correct it. ple like Jose and Magdalena Castillo, ‘‘When House and Senate negotiators The amazing thing to me is that we they are homeowners, so they itemize met last week to put the finishing as Democrats have been saying all their taxes, we widen the 15 percent tax touches to President Bush’s tax bill, along how this Republican tax bill was bracket so people like Jose and they coldly deleted a provision that not going to put money into the pock- Magdalena Castillo can earn twice as would have allowed millions of low-in- ets of working families. Now all the much as a single person and stay in the come working families to benefit from editorial comments in every major 15 percent tax bracket, and that wipes the bill’s increased child tax credit. newspaper say that that is true, the out their marriage tax penalty. ‘‘It was a mean-spirited and wholly Daily News, you name it. Wherever it And for those who do not own a home unnecessary act, a clear display of the is around the country, they are all ad- or give to their church or institution of current regime’s outright hostility to- mitting the fact now that it is not faith or charity, so they do not have ward America’s poor and working true, that money is not going to those enough to itemize, they use something classes. working people at the lower end of the called the standard deduction, under ‘‘The negotiators eliminated a provi- spectrum. They are not getting the our legislation, we double the standard sion in the Senate version of the tax child tax credit. They are not getting deduction to twice that for singles, and bill that would have extended benefits anything. How can the Republicans for those who do not itemize, we elimi- from the child tax credit to families now suggest that somehow that was an nate the marriage tax penalty. with incomes between $10,500 and oversight or they are going to correct I thank the Republican majority and $26,625. This is not a small group. Ac- it in the future? The fundamental basis President Bush for eliminating the cording to the Center on Budget and of their tax policy has been to give marriage tax penalty and helping Policy Priorities, the families that large amounts of money back to bringing fairness to the Tax Code in would have benefited include about 12 wealthy people, not to the average 2003. million children, one of every six kids American. And the consequence of that f in the U.S. under the age of 17.’’ is that the average American does not Mr. Speaker, how are you going to have money in his pocket, and there is WORKING FAMILIES LEFT BEHIND tell me that somehow this is putting no economic stimulus coming from The SPEAKER pro tempore. Pursu- money back in the pockets of working this tax bill because it is not putting ant to the order of the House of Janu- people? money back into the pockets of the av- ary 7, 2003, the gentleman from New b 1100 erage American in the way that they Jersey (Mr. PALLONE) is recognized can go out and meaningfully spend it during morning hour debates for 5 min- These are working people. These peo- and actually have some stimulation for utes. ple are not on welfare. They are out the economy. It is not happening. Mr. PALLONE. Mr. Speaker, I lis- there working. They are getting noth- f tened to the comments of my Repub- ing. lican colleague who just spoke, and I Then it goes on to say in the Herbert THE NEW ERA OF BIOTECHNOLOGY have to say it is very difficult for me to article: The SPEAKER pro tempore (Mr. celebrate the Republican tax bill be- And readers of yesterday’s Times SCHROCK). Pursuant to the order of the cause the fact of the matter is, so learned that another group of some 8 House of January 7, 2003, the gen- many working people have been left million mostly low-income taxpayers, tleman from Michigan (Mr. SMITH) is out and are not receiving any benefits and I say taxpayers, primarily single recognized during morning hour de- from the Republican tax bill. It was in- people without children, will also be bates for 5 minutes. teresting to listen to the previous left behind, getting no benefit at all Mr. SMITH of Michigan. Mr. Speak- speaker because he talked about if from the President’s tax cuts. er, next Thursday, June 12, the sub- money was going back to working fam- The comments just continue. This committee I chair on research will hold ilies, they could go out and spend it was yesterday’s, Monday’s, Washington a hearing on biotechnology, the poten- and that would help the economy. If Post. The editorial for the newspaper tial and the safety. I am a farmer in that is the case, why were so many says, Children Left Behind. It says: Michigan, and this is the first year families left out of the child tax credit ‘‘Even for a debate over taxes, the that I have used the so-called roundup or left out of other benefits that were public discussion taking place right ready soybeans to plant on my farm. I basically going, under this Republican now about child credits in the new tax have held back, thinking that maybe tax bill, to the high-income people? law is particularly galling. Stiffing the nongenetically modified soybean The spin on the other side of the aisle these children was not a last-minute would bring a higher price or have ex- is amazing, but the editorial comments oversight or the unfortunate result of panded markets, especially in some of during the Memorial Day recess have an unreasonably tight $350 billion ceil- those areas of the world that are re- basically shown this is essentially a ing. Adjustments had to be made,’’ a jecting it. fraud. The Republican tax bill does not spokeswoman for the House Ways and However, that has not been the case. do what it purports to do, and it leaves Means Committee said, as if those on Biotechnology is now one of the most out so many working people. For those her side would have preferred other- promising sectors of the economy. It is who might doubt what I say, I want to wise. In fact, the administration did revolutionizing medicine with at least mention some of the editorial com- not include this provision in its origi- 95 biotech drugs already approved in ments in the New York Times and nal, $726 billion proposal. The House the U.S., and there are another 371 Washington Post in the last couple of did not include it in its $550 billion drugs on the table for acceptance that days. version. The Senate Finance Com- are being developed for medications In Monday’s New York Times there mittee did not include it. that could help cure cancer, heart dis- was an opinion by Bob Herbert called So when you try to get some sugges- ease, diabetes, and many other condi- ‘‘The Reverse Robin Hood,’’ and I will tions from the Republicans that they tions. Biotechnology will produce high- go through certain sections that Mr. are going to come down here and say, er-quality foods that can provide both Herbert said. He said, ‘‘If you wanted a oh, this was an oversight or we are nourishment and immunization to quintessential example of what the going to correct it, the President did many of the billions of hungry people Bush administration and its legislative not have this child tax credit for these around the world.

VerDate Jan 31 2003 23:38 Jun 03, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.006 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4793 In our NSF bill that was signed into Our research subcommittee will be they did not think these people were law last December 22, we put language examining the barriers to plant bio- worthy of the child tax credit, a tax in that bill for grants to work with sci- technology in Africa in more detail credit that passed this Congress on a entists from African countries to help next week at the hearing and the bipartisan basis because we thought develop the kind of products that could Speaker of the House is going to be tes- the government ought to do something best help their particular country. Un- tifying about the challenge and about to help these families with the cost of fortunately, biotechnology has come the safety as well as the administrator raising their children; so that those under attack from some in the Euro- of AID and other scientists. moms who wanted to stay home, pean Union and elsewhere who hope to Mr. Speaker, in conclusion, sound maybe this would allow them to stay avoid competition in this area. The science should drive what we do, not home, or those fathers who wanted to Speaker of the House, USAID adminis- emotion. stay home, maybe this would allow trator, and leading scientists will tes- Sound science, should drive trade and regu- them to stay home; or it would defer tify at our congressional hearing June latory decisions associated with transgenic the cost of child care or health care or 12 on the safety and potential of plant food crops, not protectionism masquerading whatever it takes as we raise our chil- biotechnology. behind a thin veil of unfounded fears. The dren in this country. But the Repub- Back in the summer of 1999, the jour- U.S. challenge moves us one step closer to licans have now decided for millions of nal ‘‘Nature’’ published a study sug- removing the unfair barriers that hurt American American families, they are not going gesting that pollen from genetically farmers and deny the people of Africa a won- to be treated the same. modified corn could harm the monarch derful tool for combating hunger. Of course we find out as we look at butterfly population, really sort of f this tax bill for almost 50 million sparking a worldwide controversy. Americans, they will not be treated the While follow-up studies have since REGARDING THE LATEST TAX CUT same because they are not going to get proven that such pollen presents no The SPEAKER pro tempore. Pursu- much of a benefit. They just simply de- danger to monarchs, the foundations of ant to the order of the House of Janu- cided that they were going to declare fear based on emotion had been set, ary 7, 2003, the gentleman from Cali- class warfare on low-income working and soon other nonscience-based alle- fornia (Mr. GEORGE MILLER) is recog- people in this country. There is no gations about plant biotechnology nized during morning hour debates for other result. emerged. 5 minutes. But now they want to lie about it. In response, my House Subcommittee Mr. GEORGE MILLER of California. Now they want to pretend like they on Research met with leading sci- Mr. Speaker, the President’s were not part of it. Now they want to entists across the country and followed spokespeople, the Republicans in Con- pretend like they are going to fix it. with a series of hearings investigating gress and the Republican National No, the Bush-Cheney class in America the potential benefits and safety con- Committee, appear to be having some just declared warfare on working fami- cerns associated with plant bio- trouble with the truth, that is, because lies. But that is only the beginning, be- technology. Our findings, compiled in a they have suggested that everyone who cause it is the Bush-Cheney class in comprehensive report that we wrote pays taxes would benefit from the re- America that has denied those same that I entitled ‘‘Seeds of Opportunity,’’ cent tax cut. They have said that those families an increase in the minimum showed that crops developed through who pay the taxes will get the tax cut, wage because many of these families biotech were just as safe as those crops that those who earn the least will ben- work at the minimum wage. The min- produced with traditional cross- efit the most. imum wage today is worth $4.75 in real breeding. Three years since we released It is simply not true. It is simply not wages. They will not increase it. They the report, its findings still hold true true, because they made a decision to will not give those families the child and are now backed by an even larger leave millions of families, with mil- tax credit. This week later on the floor body of scientific evidence. Also, Amer- lions of children, out of the child tax they are going to try to take away ica’s three-pronged safety review by credit, a tax credit that we give fami- their overtime pay, and they are pass- USDA, FDA, and EPA for biotech prod- lies to raise children. But they simply ing regulations so fewer and fewer ucts comes as close to guaranteeing decided that those families earning be- Americans are eligible for overtime, a safety as you can get. I think that is tween $10,000 and $26,000 a year would pay that many Americans use to hold why the Speaker of the House, DENNIS not be eligible for the child tax credit. their families together because that in- HASTERT, and several of us in Congress Somehow I guess these families have crease in pay for overtime makes a dif- joined with Bush administration offi- additional money to raise their chil- ference in their yearly salary in the cials last month on May 12 to announce dren that people over $26,000 a year do support of their families. And, of that the United States would file a not have so they get to do this. They course, for many of these same chil- WTO challenge to the European made a fundamental decision about un- dren who will not get the child tax Union’s import ban on genetically fairness, about inequity, about greed; credit, they are taking away their modified crops. and they decided that they would rath- health care at the State level. Enter Africa. President Bush rightly er give this money to 200,000 million- When is it that the Bush administra- charged that the EU’s ban is an unjust aires so they could get a tax cut of tion decided that they were going to burden on the world’s poorest coun- $93,000 a year because if they gave this declare war on America’s working fam- tries. With approximately 180 million tax cut to those families who are going ilies, especially low-income working undernourished people and perennial to work every day trying to support families? One of my colleagues was low yields and quality brought about their children on low wages, that they here talking about how they fixed the by droughts, insects and other disas- would have to give those millionaires marriage penalty, that they got rid of ters, Africa stands to benefit tremen- only $88,000 a year. So those families, the marriage penalty. Well, if two peo- dously from GM crops. Yet here is the those working American families be- ple who are earning 10 or $12,000 a year European Union exploiting Africa’s de- tween $10,000 and $26,000 a year, got get married, as single people, they pendency on the EU as a trading part- nothing in terms of the increase in the would get a $2,500 credit because they ner to stall acceptance of GM crops. child tax credit. The rest of the fami- are both low-income working people. If Let me give Members an example. lies in America will get a $400 check they get married, they lose $1,000 of Starving Zambia rejected 23,000 tons of this summer. These families will get their credit. They have almost a 50 per- emergency U.S. food aid because Eu- nothing. Yet the President, the Repub- cent tax assessed on them because they rope implied that it could respond by licans in Congress, in the House and get married. rejecting future corn exports from that the Senate, want to suggest that this Why is this happening to these people particular country. There is even some was an accident and they are going to who are struggling to get up and go to evidence that EU pressure is impeding cure it. work every day? Every day they go to even research into new crop varieties It was no accident. It was never in work in hard, difficult jobs, jobs that that could feed Africa, that could cure their bill, in either version of their bill. many Americans would prefer not to a blight problem in bananas. They simply made the decision that do. And at the end of the year they end

VerDate Jan 31 2003 23:38 Jun 03, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.009 H03PT1 H4794 CONGRESSIONAL RECORD — HOUSE June 3, 2003 up poor. They end up struggling to spective, that means every single less, faceless people they put out there, take care of their children. They end American, every man, woman and sent out there to tell what they wanted up struggling to educate them. They child, everything they earn for 4 years, said. end up struggling to provide them that is what $44 trillion is. And the That is what you have to get. You health care. They end up struggling to President and his folks did not want us will get this if you read the Scotsman. provide them with decent housing. And to know about it, so they left it out. If you do not read the Scotsman, you this government, this administration, But the London Times found it. will not know where we are going next. the Bush administration, has decided Reuters came up with a story about You know, last night another Amer- to cut them out of the tax bill. the chaos in Iraq. You think the Iraq ican soldier died, another American And they want to talk about fairness war is all over and there is no more soldier died in Iraq, shot in an ambush. in America? They want to talk about problem. According to our press, the Now, every one of those soldiers is im- justice in America? They want to talk only thing that matters is this guy portant. When I was a psychiatrist dur- about freedom in America? I do not that blew up a bomb in Atlanta about ing the Vietnam War and I dealt with think so, Mr. and Mrs. America, be- 6 years ago. They have suddenly forgot- these kids coming back, they were all cause they made a conscious decision. ten Iraq. important, and that kid that was killed f But if you listen to what happened, last night was important. But you will Reuters says they interviewed one of not hear anything about it in our ANNOUNCEMENT BY THE SPEAKER the chiefs in Baghdad who said the en- media, because you are not reading the PRO TEMPORE tire Iraqi people is a time bomb that right stuff. The SPEAKER pro tempore. The gen- will blow up in the Americans’ face if Get rid of the paper. It is the opiate tleman’s time has expired. they do not end this occupation. ‘‘The of the masses. Iraqi people did not fight the Ameri- The Chair must remind Members to f avoid personally offensive references to cans during the war. Only Saddam’s the President. people did. But if the people decide to RECESS Mr. GEORGE MILLER of Cali- fight them now, they are in big trou- The SPEAKER pro tempore. Pursu- fornia. . . . ble.’’ ant to clause 12(a) of rule I, the Chair The SPEAKER pro tempore. The gen- One man said, ‘‘All of us will become declares the House in recess until noon. tleman’s time has expired. suicide bombers. I will turn my six Accordingly (at 11 o’clock and 20 f daughters into bombs to kill the Amer- minutes a.m.), the House stood in re- icans.’’ cess until noon. REGARDING YESTERDAY’S FCC That is what we have created over DECISION there, and we are glossing over it now. f The SPEAKER pro tempore. Pursu- But if you read Reuters, you will find b 1200 ant to the order of the House of Janu- that out. If you do not read Reuters, AFTER RECESS ary 7, 2003, the gentleman from Wash- you will never get it out of our paper. ington (Mr. MCDERMOTT) is recognized Then we come to the next issue. You The recess having expired, the House during morning hour debates for 5 min- have got to read the Scotland paper, was called to order by the Speaker pro utes. the Edinburgh Scotsman. What do they tempore (Mr. CULBERSON) at noon. Mr. MCDERMOTT. Mr. Speaker, I say? They say regime change in Iran is f starting a countdown. That is the edi- come to the floor today to make a pub- PRAYER lic service announcement. Yesterday torial headline. Regime change has not was an extremely important day in been in any of the speaking so far, but The Right Reverend John Clark Bu- this country’s history. you start to see that the phrase has chanan, Retired Episcopal Bishop of found its way into a bunch of briefings. West Missouri, offered the following b 1115 And now, it is not a done deal, there is prayer: The FCC voted to allow increased a big fight between the war department Almighty God, You gave us this good consolidation of the media. They are and the State Department. The war de- land for our heritage. May we always tightening the noose on the neck of the partment is the one that took us into prove ourselves a people mindful of First Amendment. Afghanistan, they took us into Iraq, Your favor and glad to do Your will. The NRA is opposed to what hap- and they are over there ready to go Bless our land with honorable industry, pened yesterday, and so is JIM again. It sounds sort of familiar. It is sound learning, and pure manners. MCDERMOTT, so you know how damning the same way the drumbeat started in Save us from violence, discord, and what happened yesterday really is. If this country in September when I said confusion, from pride and arrogance, you can get people as far apart as the that the President would lie to take us and from every evil way. Defend our NRA and me on the same issue, you to war. People were outraged. How liberties, and fashion into one united have got a real problem in this coun- could you say such a thing? people the diverse multitudes brought try. Well, where are the weapons of mass to this welcoming land. Endow with Now, my public service announce- destruction? Please tell me. I am look- wisdom those to whom in Your name ment is this: Stop watching the U.S. ing. Mr. Blair is going to have an inves- we entrust the authority of govern- press. Stop watching the television. It tigation of him. ment, especially this House of Rep- is the opiate of the masses. They are ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE resentatives, that there may be justice using it to put you to sleep. You should The SPEAKER pro tempore (Mr. and peace at home, and that, through cancel your subscription and buy a sub- SCHROCK). Members must avoid person- obedience to Your law, we may show scription to a foreign newspaper, ally offensive references to the Presi- forth Your praise among the nations of maybe the Financial Times of London, dent. the Earth. In the time of prosperity, or the Guardian, or the Scotsman from Mr. MCDERMOTT. Mr. Speaker, I fill our hearts with thankfulness, and Edinburgh or the Sunday Herald from thank you for that reminder. in the day of trouble, suffer not our Sidney, Australia. Mr. Blair is going to be under inves- trust in You to fail, a prayer we bring Why do I say this? Because you have tigation in the British House of Com- to Your throne of grace. Amen. to read the foreign press to find out mons. One member said it is worse f what is going on in this country. The than Watergate, what has gone on in Financial Times of London was the one Great Britain. THE JOURNAL that reported that the President hid, But in this country, do we expect the The SPEAKER pro tempore. The or, excuse me, I should not mention the Republican Party to come out and in- Chair has examined the Journal of the President, it was the administration vestigate the President of the United last day’s proceedings and announces that hid the report that says we are States, misleading us, or the adminis- to the House his approval thereof. going to be $44 trillion in debt because tration misleading us, excuse me? The Pursuant to clause 1, rule I, the Jour- of these tax cuts. To put that in per- administration misled us, these name- nal stands approved.

VerDate Jan 31 2003 01:20 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.010 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4795 PLEDGE OF ALLEGIANCE baseball title for Columbus, that has The international community, par- The SPEAKER pro tempore. Will the long had one of the most outstanding ticularly Burma’s neighbors, must gentlewoman from Missouri (Ms. baseball programs in Miami-Dade press the Burmese military govern- MCCARTHY) come forward and lead the County and, indeed, in our State. ment to recognize the fact that the House in the Pledge of Allegiance. Christopher Columbus is a private people want freedom. The government Ms. MCCARTHY of Missouri led the Roman Catholic college prep school must accept the legitimate election of Pledge of Allegiance as follows: conducted by the Marist Brothers. In the National League for Democracy. addition to its strong athletic program, The world community should condemn I pledge allegiance to the Flag of the United States of America, and to the Repub- Columbus has an exceptional academic the dictatorship’s actions. lic for which it stands, one nation under God, program, as well. It uses a holistic ap- I call on the U.S. Government to indivisible, with liberty and justice for all. proach to education where the entire take deliberate, serious action to help person is encouraged to grow in truth free Aung San Suu Kyi and the people f and freedom. of Burma. To the people of Burma, we ACKNOWLEDGING TODAY’S GUEST Please join me in congratulating stand with them. CHAPLAIN, THE RIGHT REV- Christopher Columbus and its coach, f EREND JOHN CLARK BUCHANAN, Joe Weber, for their phenomenal win. HUMAN RIGHTS FOR THE RETIRED EPISCOPAL BISHOP OF f TIBETANS AND THE BURMESE WEST MISSOURI DEMOCRATS WILL BE HEARD (Mr. KIRK asked and was given per- (Ms. MCCARTHY of Missouri asked TODAY DURING PROCEEDINGS mission to address the House for 1 and was given permission to address UNDER SUSPENSION CALENDAR minute and to revise and extend his re- the House for 1 minute and to revise (Mr. RANGEL asked and was given marks.) and extend her remarks.) permission to address the House for 1 Mr. KIRK. Mr. Speaker, I rise to draw Ms. MCCARTHY of Missouri. Mr. minute and to revise and extend his re- attention to two recent events sig- Speaker, it is an honor for me to ac- marks.) naling a step backward for basic knowledge our guest chaplain today, Mr. RANGEL. Mr. Speaker, it is with human rights. The Nepali Government the Right Reverend John Clark Bu- a heavy heart that I approach the floor violated international law by jailing 18 chanan. What a joy it was to hear his to alert the House that a substantial Tibetan refugees instead of turning voice once again, inspiring me and oth- number of Members are prepared to see them over to the United Nations. Nepal ers to do good work. that we do not pass suspension bills then made these refugees prisoners of John Clark Buchanan is the retired until such time as the grievances of the Chinese, the very people that they Episcopal bishop of West Missouri, hav- this great body are addressed. were fleeing. ing served our area from 1989 to 2000. As most of us know, recently this International refugee law is well set- He has a diverse background, having House passed a tax bill without the in- tled, that once Tibetans reach Nepal, been a lawyer in private practice and clusion of one thought, one amend- they are turned over to the U.N. for in the insurance industry prior to his ment, one idea that the Democrats safe passage. Nepal’s action flies in the ordained ministry. have had. There comes a time that we face of her commitment to inter- Bishop Buchanan currently serves as have to say, enough is enough, not be- national law, and American tourists a parliamentarian for the House of cause we are Democrats, but because should not visit Nepal. Bishops of the Episcopal Church. We in we represent people throughout these Second, in Burma on Friday the mili- western Missouri are very grateful for United States whose interests have tary dictatorship detained many mem- the 11 years he served us. He created been ignored. bers of the National League of Democ- the most successful Bishop Spencer Six and one-half million low-income racy, including Nobel Peace Prize win- Place, a moderately priced retirement working families and 12 million chil- ner Aung San Suu Kyi, and closed all center for our elderly. dren have been denied the benefits that universities. Suu Kyi, the elected lead- He also, in his 11 years, established this House was allowed to believe ex- er of her country, was beaten, and her stable financial funding for the church, isted in the tax bill. It was excluded. whereabouts are currently unknown. and also did extensive planning for new Why? It was excluded to make certain I want to commend Secretary Powell churches in the area outside of greater that the money borrowed from the for speaking out against both govern- Kansas City. Key among his reforms Treasury would take care of the high- ments, and urge Members of Congress and his instrumental efforts were, of income people receiving relief from to call attention to these two govern- course, reaching out and creating and capital gains and from interest taxes. ments, Nepal and Burma, that are establishing Hispanic missions. We will be heard today, Mr. Speaker. turning back the clock on human Bishop Buchanan lives in Charleston, rights. South Carolina, with his wife Peggy. f They have two daughters and two BURMA f grandchildren. I thank him for taking (Mr. PITTS asked and was given per- ACTION BY FCC ENDANGERS his time to come and deliver this mission to address the House for 1 AMERICA’S BASIC FREEDOMS thoughtful prayer with us this morn- minute and to revise and extend his re- (Mr. SCOTT of Georgia asked and ing. marks.) was given permission to address the f Mr. PITTS. Mr. Speaker, I was House for 1 minute and to revise and shocked and deeply disturbed by events extend his remarks.) CONGRATULATING CHRISTOPHER over the weekend in Burma, the arrest Mr. SCOTT of Georgia. Mr. Speaker, COLUMBUS HIGH SCHOOL ON of Aung San Suu Kyi and the death of I rise this morning to state how dis- WINNING FLORIDA STATE CLASS the prodemocracy activists there. The appointed and, quite frankly, disturbed 6A BASEBALL CHAMPIONSHIP Government of Burma should release I am with the actions of the FCC on (Ms. ROS-LEHTINEN asked and was Aung San Suu Kyi and end its brutal yesterday. That was a very dangerous given permission to address the House dictatorship of the people of Burma. vote to the future of this country. This for 1 minute and to revise and extend The government says that Suu Kyi is country was founded on many, many her remarks.) in ‘‘protective custody.’’ Burma’s freedoms, but none more basic than the Ms. ROS-LEHTINEN. Mr. Speaker, I record of protecting its people is highly freedom of the press, freedom of infor- would like to congratulate Christopher suspect. The people of Burma have suf- mation, and the diversity of that infor- Columbus High School in my congres- fered for too long from the SPDC, from mation. sional district for winning the Florida campaigns of systematic rape, murder, That action on yesterday by the FCC State Class 6A Baseball Championship. forced labor, destruction of villages, certainly puts us at a very clear and Columbus enjoyed an 8–2 win, thanks food sources, and a myriad of other present danger of losing that freedom to a seven-run rally in the bottom of atrocities, including the deaths of of the press in many respects. It will the sixth. This marks the first State many small children. certainly short-circuit small business

VerDate Jan 31 2003 23:38 Jun 03, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.017 H03PT1 H4796 CONGRESSIONAL RECORD — HOUSE June 3, 2003 people, entrepreneurs, and others from tion that citizens get to see because minute and to revise and extend his re- having an opportunity to own media. It there will be fewer points of view marks.) will certainly lessen the diversity of brought forward because there are Mr. FILNER. Mr. Speaker, there they thought, shaping the opinions, and will fewer companies. Congress should take go again. When the Republicans are certainly almost completely devastate a closer look at this. faced with a choice of helping million- community values and community con- f aires with tax credits or giving low-in- trols. come people some help they need with I daresay that certainly what is hap- DO NOT LEAVE CHILDREN AND the same tax credits, they choose the pening on the national stage and inter- VETERANS BEHIND millionaires every time. national stage is important, but is it (Mr. STRICKLAND asked and was Once again, the President, and the not important knowing what happened given permission to address the House President’s bill, and the Republicans to a parent’s Little League son and for 1 minute and to revise and extend have robbed millions of low-income how he performed, or what is hap- his remarks.) families of the child tax credit that has pening in the board of education? Mr. STRICKLAND. Mr. Speaker, this long been part of the bill. What some I urge Members to join with me in Congress has passed and the President might not realize is that a large num- sponsoring a bill that will overturn has signed into law a tax cut that ber of low-income military families, this FCC ruling, the Byrd-Dingell bill. takes care of the millionaires but that is right, military families, will be f leaves many of our children and our affected by this change. These are men veterans behind. Right today, young and women who have been serving EXPRESSING SUPPORT FOR THE overseas, enduring economic hardship AMERICAN FLAG Americans are serving this Nation in Iraq with young children waiting for in order to protect our country. But by Mr. BURNS. Mr. Speaker, I rise them here at home. And ironically, this shameful act of the majority that today to express my support for the many of those children will not receive we should address immediately, they American flag. For more than 200 any benefit from the child tax credit will not be able to get the same tax years, the American flag has been the that was contained in that tax bill. benefit that a millionaire will get. symbol of our Nation’s strength and Think of that. Young Americans It is offensive to say, it is offensive unity. It has been a source of pride and fighting for this country and their chil- to say to the people of this Nation that inspiration for millions of citizens. It dren are going to be left out of the ben- we can afford to give huge tax credits has been a prominent icon in our na- efit. Not only children, but veterans to millionaires, but cannot come up tional history. are getting the shaft. It is shameful, it with a few hundred dollars to help low- To the colonists, it represents the is shameful that we would drive this income military families who have sac- free country for which they fought. For country into debt, take care of our mil- rificed so much and need this money the Jewish people in World War II, it lionaires, and leave our children and the most. I hope the sanity of this simply symbolized survival. For Afri- our veterans behind. It is time for the House will restore those tax credits. can Americans, they view the flag as people of this country, Mr. Speaker, to f the promise of a time when all men wake up and realize what is happening. ABSTINENCE EDUCATION will be treated equally. Now it symbolizes a new day in Iraq. f (Mr. WELDON of Florida asked and So many brave men and women sac- CLOWN CAR TAX POLICY was given permission to address the rificed their lives to protect the prin- House for 1 minute and to revise and (Mr. MCDERMOTT asked and was extend his remarks.) ciples for which it stands, a flag that given permission to address the House embodies justice, democracy and, most Mr. WELDON of Florida. Mr. Speak- for 1 minute and to revise and extend er, I rise today to remind my col- of all, freedom. The American flag de- his remarks.) serves to fly proudly throughout Amer- leagues of the devastating effect of sex- Mr. MCDERMOTT. Mr. Speaker, the ica. ual activity on our Nation’s youth. Leave No Child Behind President re- Just today the Heritage Foundation f cently signed into law the third largest released a new report entitled ‘‘Sexu- FCC MEDIA OWNERSHIP DECISION tax cut in history. But the tax bill was ally Active Teenagers Are More Likely really like one of those clown cars you (Ms. LORETTA SANCHEZ of Cali- to Be Depressed And to Attempt Sui- see at the circus. Because of the budget fornia asked and was given permission cide.’’ In this study, Robert Rector, gimmicks, the Republicans squeezed to address the House for 1 minute and Kirk Johnson, and Lauren Noyes out- nearly a trillion dollars in tax cuts to revise and extend her remarks.) lined the psychological and emotional into something that only looked big Ms. LORETTA SANCHEZ of Cali- aspects associated with teenage sexual enough to hold $350 billion. fornia. Mr. Speaker, I rise today to activity. The whole tax bill was a big mas- voice my concerns over the FCC’s deci- The data shows that there is a real querade and the Congress participated sion to relax media ownership rules. correlation between teen sexual activ- in the party. While pressing for these The new regulations would allow a sin- ity and depression and even between tax cuts, President Bush declared, My gle company to own 45 percent of sexual activity and suicide in the ages jobs and growth plan will reduce tax media that reaches United States of 14 through 17. Sexually active teen- rates for everyone. Everyone, I empha- households, instead of the current 35 age girls are three times more likely to size, who pays income tax. That is percent. be depressed than their classmates who wrong. As it stands now, there are only a are abstinent. Sexually active boys in In fact, 8.1 million lower- and middle- handful of media companies that we their teens are more than twice as like- class Americans who paid billions of get to see, that we see, that we hear, ly to be depressed. Furthermore, 14 per- dollars in income tax will receive no and that we can read. When we do this, cent of sexually active teenage girls re- tax reduction whatsoever; 36 percent of there will be an even smaller number of port having attempted suicide, a three- American households, 50 million house- media companies owning a larger share fold increase over their peers who are holds, in the United States will receive of the media market. abstinent. no benefit whatsoever. This report demonstrates the value b 1215 Now, if I wonder where the next of abstinence education. clown will pop up, maybe it will be in And that moves us dangerously close f to a monopoly-like situation in the the White House. TAX CUT LEAVES MANY FAMILIES mass media business. One of the great- f est things about our country is free- OUT IN THE COLD dom of press and freedom of speech. TAX BILL ROBS MILITARY (Ms. SOLIS asked and was given per- That is what our Constitution has in it. FAMILIES mission to address the House for 1 Under these new regulations, we are (Mr. FILNER asked and was given minute and to revise and extend her removing toward limiting the informa- permission to address the House for 1 marks.)

VerDate Jan 31 2003 23:38 Jun 03, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.019 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4797 Ms. SOLIS. Mr. Speaker, I rise also Ms. DELAURO. Mr. Speaker, I rise to rule XX, the Chair will postpone fur- today to express my outrage in passing speak on a matter of urgent concern. ther proceedings today on motions to an irresponsible tax cut that Repub- Today we put the House on notice that suspend the rules on which a recorded licans gave. They gave $100,000 tax business as usual will stop until this vote or the yeas and nays are ordered, breaks to the largest and most pol- body restores tax relief for millions of or on which a vote is objected to under luting SUVs and left out millions of working low-income Americans. clause 8 of rule XX. working-class families. We act and we speak out today be- RECORD votes on postponed questions The $350 billion tax cut left out the cause of a simple act of treachery: Con- will be taken later today. working poor, left out a lot of Latinos gress taking from hard-working poor f in my district and a whole lot of people people to give to the rich, an act that in the State of California. That is be- abandoned millions of families and ZUNI INDIAN TRIBE WATER cause Republicans prevented families their children, 12 million children, and RIGHTS SETTLEMENT ACT OF 2003 that I represent in my district that a tax bill that will cost $1 trillion over Mr. RENZI. Mr. Speaker, I move to make under $26,625 from receiving a the next decade, that will give 184,000 suspend the rules and pass the Senate child tax credit. millionaires a tax break of $93,000. The bill (S. 222) to approve the settlement Thirty percent of Latino families in administration and this Republican of the water rights claims of the Zuni my district will not be able to claim majority could not find $3.5 billion to Indian Tribe in Apache County, Ari- any child tax credit at all; that is 1.6 help one out of every six children. zona, and for other purposes. million Latino families in the State. These millionaires must somehow The Clerk read as follows: By contrast, only 17 percent of Latino have greater moral value than the S. 222 working poor, people who are scheduled families will see any benefit from the Be it enacted by the Senate and House of Rep- dividend tax cut. Thirty-one percent of to get nothing in this bill. Mr. Speaker, resentatives of the United States of America in Californian families also are not being this is the most unconscionable legisla- Congress assembled, tion ever passed in this body with no helped by any child tax credit, and that SECTION 1. SHORT TITLE. is 2.4 million children in California economic justification and no moral This Act may be cited as the ‘‘Zuni Indian alone, all children. So while SUVs con- justification; and we are through doing Tribe Water Rights Settlement Act of 2003’’. tinue to pollute our air, keep us de- business as usual in this body until this SEC. 2. FINDINGS AND PURPOSES. pendent on foreign oil, spew out green- gets fixed. (a) FINDINGS.—Congress makes the fol- house gases and get a big tax break, f lowing findings: working families get nothing. (1) It is the policy of the United States, in BUSINESS AS USUAL WILL STOP keeping with its trust responsibility to In- f (Mr. GEORGE MILLER of California dian tribes, to promote Indian self-deter- BURMA SHOULD FREE AUNG SAN asked and was given permission to ad- mination, religious freedom, political and SUU KYI dress the House for 1 minute and to re- cultural integrity, and economic self-suffi- vise and extend his remarks.) ciency, and to settle, wherever possible, the (Mr. ROHRABACHER asked and was Mr. GEORGE MILLER of California. water rights claims of Indian tribes without given permission to address the House Mr. Speaker, I want to join my col- lengthy and costly litigation. (2) Quantification of rights to water and for 1 minute and to revise and extend league, the gentlewoman from Con- his remarks.) development of facilities needed to use tribal necticut (Ms. DELAURO), in saying that water supplies effectively is essential to the Mr. ROHRABACHER. Mr. Speaker, it would be unconscionable for the shortly after I was elected to Congress development of viable Indian reservation House to continue to do business as communities, particularly in arid western 15 years ago, I went to the jungles of usual when the voices and the needs of States. Burma and met with a group of young millions of hard-working American (3) On August 28, 1984, and by actions sub- people who were then struggling for families have been closed out of the sequent thereto, the United States estab- freedom and democracy in their coun- people’s House. Without being able to lished a reservation for the Zuni Indian try. They showed me a picture of participate in the final negotiations Tribe in Apache County, Arizona upstream Thomas Jefferson and said, We do not from the confluence of the Little Colorado over the tax bill, with Vice President and Zuni Rivers for long-standing religious like Karl Marx. We want to have a gov- CHENEY in the room, the Republican ernment like you have in the United and sustenance activities. leaders of the Senate, the Republican (4) The water rights of all water users in States, where people are free. leaders of the House, they decided to the Little Colorado River basin in Arizona I will never forget that. They were up simply exclude some 6 million families, have been in litigation since 1979, in the Su- against one of the most brutal dicta- some 12 million children who would be perior Court of the State of Arizona in and torships in history, the SLORC regime, entitled to the $400 increase in the for the County of Apache in Civil No. 6417, In the military dictatorship that runs the child tax credit. re The General Adjudication of All Rights to country of Burma, although they That means that this summer those Use Water in the Little Colorado River Sys- would like to call it Myanmar. families on behalf of their children, tem and Source. The bottom line is the SLORC dicta- (5) Recognizing that the final resolution of those families that go to work every the Zuni Indian Tribe’s water claims through torship is still in power after all of day would not get a $400 check as will litigation will take many years and entail these years, and they have just put millions of other American families on great expense to all parties, continue to under arrest Aung San Suu Kyi, one of behalf of their children. But this ad- limit the Tribe’s access to water with eco- the true heroes of freedom on this plan- ministration and this Congress closed nomic, social, and cultural consequences to et, a Nobel Prize winner. Aung San Suu those voices out of the debate on the the Tribe, prolong uncertainty as to the Kyi, we do not know where she is. She tax bill. They have quietly cut a bill to availability of water supplies, and seriously is under arrest. They murdered and exclude the Senate amendment that impair the long-term economic planning and brutalized many of the democratic ac- development of all parties, the Tribe and was there to protect those families and neighboring non-Indians have sought to set- tivists there. to protect their children, and to help tle their disputes to water and reduce the Today, this Congress needs to be them educate their children and pro- burdens of litigation. aware of what is going on in Burma, vide health care for their children. (6) After more than 4 years of negotiations, and we must warn the dictators in No, we cannot continue to do busi- which included participation by representa- Burma they will not get away with the ness as usual when this Republican tives of the United States, the Zuni Indian dirty deed if they have touched one leadership and the administration cuts Tribe, the State of Arizona, and neighboring hair on the head of Aung San Suu Kyi. millions of Americans out of the Demo- non-Indian communities in the Little Colo- cratic system. rado River basin, the parties have entered f into a Settlement Agreement to resolve all NO MORE BUSINESS AS USUAL f of the Zuni Indian Tribe’s water rights claims and to assist the Tribe in acquiring (Ms. DELAURO asked and was given ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE surface water rights, to provide for the permission to address the House for 1 Tribe’s use of groundwater, and to provide minute and to revise and extend her re- The SPEAKER pro tempore (Mr. for the wetland restoration of the Tribe’s marks.) CULBERSON). Pursuant to clause 8 of lands in Arizona.

VerDate Jan 31 2003 02:46 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.021 H03PT1 H4798 CONGRESSIONAL RECORD — HOUSE June 3, 2003 (7) To facilitate the wetland restoration Meridian; and Sections 2, 3, 4, 9, 10, 11, 13, 14, (1) The agreement between SRP, the Zuni project contemplated under the Settlement 15, 16, 23, 26, and 27, Township 14 North, Tribe, and the United States on behalf of the Agreement, the Zuni Indian Tribe acquired Range 26 East, Gila and Salt River Base and Tribe, dated June 7, 2002. certain lands along the Little Colorado River Meridian. (2) The agreement between TEP, the Zuni near or adjacent to its Reservation that are (6) SECRETARY.—The term ‘‘Secretary’’ Tribe, and the United States on behalf of the important for the success of the project and means the Secretary of the Interior. Tribe, dated June 7, 2002. will likely acquire a small amount of simi- (7) SETTLEMENT AGREEMENT.—The term (3) The agreement between the Arizona larly situated additional lands. The parties ‘‘Settlement Agreement’’ means that agree- State Land Department, the Zuni Tribe, and have agreed not to object to the United ment dated June 7, 2002, together with all ex- the United States on behalf of the Tribe, States taking title to certain of these lands hibits thereto. The parties to the Settlement dated June 7, 2002. into trust status; other lands shall remain in Agreement include the Zuni Indian Tribe and SEC. 5. TRUST LANDS. tribal fee status. The parties have worked its members, the United States on behalf of (a) NEW TRUST LANDS.—Upon satisfaction extensively to resolve various governmental the Tribe and its members, the State of Ari- of the conditions in paragraph 6.2 of the Set- concerns regarding use of and control over zona, the Arizona Game and Fish Commis- tlement Agreement, and after the require- those lands, and to provide a successful sion, the Arizona State Land Department, ments of section 9(a) have been met, the Sec- model for these types of situations, the the Arizona State Parks Board, the St. retary shall take the legal title of the fol- State, local, and tribal governments intend Johns Irrigation and Ditch Co., the Lyman lowing lands into trust for the benefit of the to enter into an Intergovernmental Agree- Water Co., the Round Valley Water Users’ Zuni Tribe: ment that addresses the parties’ govern- Association, the Salt River Project Agricul- (1) In T. 14 N., R. 27 E., Gila and Salt River mental concerns. tural Improvement and Power District, the Base and Meridian: (8) Pursuant to the Settlement Agreement, Tucson Electric Power Company, the City of (A) Section 13: SW 1/4, S 1/2 NE 1/4 SE 1/4, the neighboring non-Indian entities will as- St. Johns, the Town of Eagar, and the Town W 1/2 SE 1/4, SE 1/4 SE 1/4; sist in the Tribe’s acquisition of surface of Springerville. (B) Section 23: N 1/2, N 1/2 SW 1/4, N 1/2 SE water rights and development of ground- (8) SRP.—The term ‘‘SRP’’ means the Salt 1/4, SE 1/4 SE 1/4, N 1/2 SW 1/4 SE 1/4, SE 1/4 water, store surface water supplies for the River Project Agricultural Improvement and SW 1/4 SE 1/4; Zuni Indian Tribe, and make substantial ad- Power District, a political subdivision of the (C) Section 24: NW 1/4, SW 1/4, S 1/2 NE 1/ ditional contributions to carry out the Set- State of Arizona. 4, N 1/2 SE 1/4; and tlement Agreement’s provisions. (9) TEP.—The term ‘‘TEP’’ means Tucson (D) Section 25: N 1/2 NE 1/4, SE 1/4 NE 1/4, (9) To advance the goals of Federal Indian Electric Power Company. NE 1/4 SE 1/4. policy and consistent with the trust respon- (10) TRIBE, ZUNI TRIBE, OR ZUNI INDIAN (2) In T. 14 N., R. 28 E., Gila and Salt River Base and Meridian: sibility of the United States to the Tribe, it TRIBE.—The terms ‘‘Tribe’’, ‘‘Zuni Tribe’’, or is appropriate that the United States partici- ‘‘Zuni Indian Tribe’’ means the body politic (A) Section 19: W 1/2 E 1/2 NW 1/4, W 1/2 NW pate in the implementation of the Settle- and federally recognized Indian nation, and 1/4, W 1/2 NE 1/4 SW 1/4, NW 1/4 SW 1/4, S 1/ ment Agreement and contribute funds for its members. 2 SW 1/4; (B) Section 29: SW 1/4 SW 1/4 NW 1/4, NW 1/ the rehabilitation of religious riparian areas (11) ZUNI LANDS.—The term ‘‘Zuni Lands’’ 4 NW 1/4 SW 1/4, S 1/2 N 1/2 SW 1/4, S 1/2 SW and other purposes to enable the Tribe to use means all the following lands, in the State of 1/4, S 1/2 NW 1/4 SE 1/4, SW 1/4 SE 1/4; its water entitlement in developing its Res- Arizona, that, on the effective date described (C) Section 30: W 1/2 , SE 1/4; and ervation. in section 9(a), are— (D) Section 31: N 1/2 NE 1/4, N 1/2 S 1/2 NE (b) PURPOSES.—The purposes of this Act (A) within the Zuni Heaven Reservation; 1/4, S 1/2 SE 1/4 NE 1/4, NW 1/4, E 1/2 SW 1/4, are— (B) held in trust by the United States for N 1/2 NW 1/4 SW 1/4, SE 1/4 NW 1/4 SW 1/4, E (1) to approve, ratify, and confirm the Set- the benefit of the Tribe or its members; or 1/2 SW 1/4 SW 1/4, SW 1/4 SW 1/4 SW 1/4. tlement Agreement entered into by the Tribe (C) held in fee within the Little Colorado (b) FUTURE TRUST LANDS.—Upon satisfac- and neighboring non-Indians; River basin by or for the Tribe. tion of the conditions in paragraph 6.2 of the (2) to authorize and direct the Secretary of SEC. 4. AUTHORIZATION, RATIFICATIONS, AND Settlement Agreement, after the require- the Interior to execute and perform the Set- CONFIRMATIONS. ments of section 9(a) have been met, and tlement Agreement and related waivers; upon acquisition by the Zuni Tribe, the Sec- (a) SETTLEMENT AGREEMENT.—To the ex- (3) to authorize and direct the United retary shall take the legal title of the fol- States to take legal title and hold such title tent the Settlement Agreement does not conflict with the provisions of this Act, such lowing lands into trust for the benefit of the to certain lands in trust for the benefit of Zuni Tribe: Settlement Agreement is hereby approved, the Zuni Indian Tribe; and (1) In T. 14 N., R. 26E., Gila and Salt River ratified, confirmed, and declared to be valid. (4) to authorize the actions, agreements, Base and Meridian: Section 25: N 1/2 NE 1/4, The Secretary is authorized and directed to and appropriations as provided for in the N 1/2 S 1/2 NE 1/4, NW 1/4, N 1/2 NE 1/4 SW 1/ execute the Settlement Agreement and any Settlement Agreement and this Act. 4, NE 1/4 NW 1/4 SW 1/4. amendments approved by the parties nec- SEC. 3. DEFINITIONS. (2) In T. 14 N., R. 27 E., Gila and Salt River essary to make the Settlement Agreement In this Act: Base and Meridian: consistent with this Act. The Secretary is (1) EASTERN LCR BASIN.—The term ‘‘East- (A) Section 14: SE 1/4 SW 1/4, SE 1/4; further authorized to perform any actions re- ern LCR basin’’ means the portion of the Lit- (B) Section 16: S 1/2 SW 1/4 SE 1/4; quired by the Settlement Agreement and any tle Colorado River basin in Arizona upstream (C) Section 19: S 1/2 SE 1/4 SE 1/4; amendments to the Settlement Agreement of the confluence of Silver Creek and the (D) Section 20: S 1/2 SW 1/4 SW 1/4, E 1/2 SE that may be mutually agreed upon by the Little Colorado River, as identified on Ex- 1/4 SE 1/4; parties to the Settlement Agreement. hibit 2.10 of the Settlement Agreement. (E) Section 21: N 1/2 NE 1/4, E 1/2 NE 1/4 NW (2) FUND.—The term ‘‘Fund’’ means the (b) AUTHORIZATION OF APPROPRIATIONS.— 1/4, SE 1/4 NW 1/4, W 1/2 SW 1/4 NE 1/4, N 1/2 Zuni Indian Tribe Water Rights Development There is authorized to be appropriated to the NE 1/4 SW 1/4, SW 1/4 NE 1/4 SW 1/4, E 1/2 NW Fund established by section 6(a). Zuni Indian Tribe Water Rights Development 1/4 SW 1/4, SW 1/4 NW 1/4 SW 1/4, W 1/2 SW 1/ (3) INTERGOVERNMENTAL AGREEMENT.—The Fund established in section 6(a), $19,250,000, 4 SW 1/4; term ‘‘Intergovernmental Agreement’’ to be allocated by the Secretary as follows: (F) Section 22: SW 1/4 NE 1/4 NE 1/4, NW 1/ means the intergovernmental agreement be- (1) $3,500,000 for fiscal year 2004, to be used 4 NE 1/4, S 1/2 NE 1/4, N 1/2 NW 1/4, SE 1/4 tween the Zuni Indian Tribe, Apache County, for the acquisition of water rights and asso- NW1/4, N 1/2 SW 1/4 NW 1/4, SE 1/4 SW 1/4 NW Arizona and the State of Arizona described ciated lands, and other activities carried out, 1/4, N 1/2 N 1/2 SE 1/4, N 1/2 NE 1/4 SW 1/4; in article 6 of the Settlement Agreement. by the Zuni Tribe to facilitate the enforce- (G) Section 24: N 1/2 NE 1/4, S 1/2 SE 1/4; (4) PUMPING PROTECTION AGREEMENT.—The ability of the Settlement Agreement, includ- (H) Section 29: N 1/2 N 1/2; term ‘‘Pumping Protection Agreement’’ ing the acquisition of at least 2,350 acre-feet (I) Section 30: N 1/2 N 1/2, N 1/2 S 1/2 NW 1/ means an agreement, described in article 5 of per year of water rights before the deadline 4, N 1/2 SW 1/4 NE 1/4; and the Settlement Agreement, between the Zuni described in section 9(b). (J) Section 36: SE 1/4 SE 1/4 NE 1/4, NE 1/4 Tribe, the United States on behalf of the (2) $15,750,000, of which $5,250,000 shall be NE 1/4 SE 1/4. Tribe, and a local landowner under which the made available for each of fiscal years 2004, (3) In T. 14 N., R. 28 E., Gila and Salt River landowner agrees to limit pumping of 2005, and 2006, to take actions necessary to Base and Meridian: groundwater on his lands in exchange for a restore, rehabilitate, and maintain the Zuni (A) Section 18: S 1/2 NE 1/4, NE 1/4 SW 1/4, waiver of certain claims by the Zuni Tribe Heaven Reservation, including the Sacred NE 1/4 NW 1/4 SW 1/4, S 1/2 NW 1/4 SW 1/4, S and the United States on behalf of the Tribe. Lake, wetlands, and riparian areas as pro- 1/2 SW 1/4, N 1/2 SE 1/4, N 1/2 SW 1/4 SE 1/4, (5) RESERVATION; ZUNI HEAVEN RESERVA- vided for in the Settlement Agreement and SE 1/4 SE 1/4; TION.—The term ‘‘Reservation’’ or ‘‘Zuni under this Act. (B) Section 30: S 1/2 NE 1/4, W 1/2 NW 1/4 NE Heaven Reservation’’, also referred to as (c) OTHER AGREEMENTS.—Except as pro- 1/4; and ‘‘Kolhu:wala:wa’’, means the following prop- vided in section 9, the following 3 separate (C) Section 32: N 1/2 NW 1/4 NE 1/4, SW 1/4 erty in Apache County, Arizona: Sections 26, agreements, together with all amendments NE 1/4, S 1/2 SE 1/4 NE 1/4, NW 1/4, SW 1/4, N 27, 28, 33, 34, and 35, Township 15 North, thereto, are approved, ratified, confirmed, 1/2 SE 1/4, SW 1/4 SE 1/4, N 1/2 SE 1/4 SE 1/4, Range 26 East, Gila and Salt River Base and and declared to be valid: SW 1/4 SE 1/4 SE 1/4.

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(c) NEW RESERVATION LANDS.—Upon satis- intervene in such action, the United States (B) REQUIREMENTS.—In addition to the re- faction of the conditions in paragraph 6.2 of shall not remove such action to the Federal quirements under the Trust Fund Reform the Settlement Agreement, after the re- courts. Act, the tribal management plan shall requirements of section 9(a) have been met, (B) EXCEPTION.—The United States may quire that the Zuni Tribe spend any funds in and upon acquisition by the Zuni Tribe, the seek removal if— accordance with the purposes described in Secretary shall take the legal title of the (i) the action concerns the Secretary’s de- section 4(b). following lands in Arizona into trust for the cision regarding the issuance of rights-of- (2) ENFORCEMENT.—The Secretary may benefit of the Zuni Tribe and make such way under section 8(c); take judicial or administrative action to en- lands part of the Zuni Indian Tribe Reserva- (ii) the action concerns the authority of a force the provisions of any tribal manage- tion in Arizona: Section 34, T. 14 N., R. 26 E., Federal agency to administer programs or ment plan to ensure that any monies with- Gila and Salt River Base and Meridian. the issuance of a permit under— drawn from the Fund under the plan are used (d) LIMITATION ON SECRETARIAL DISCRE- (I) the Federal Water Pollution Control in accordance with this Act. TION.—The Secretary shall have no discre- Act (33 U.S.C. 1251 et seq.); (3) LIABILITY.—If the Zuni Tribe exercises tion regarding the acquisitions described in (II) the Safe Drinking Water Act (42 U.S.C. the right to withdraw monies from the Fund, subsections (a), (b), and (c). 300f et seq.); neither the Secretary nor the Secretary of (e) LANDS REMAINING IN FEE STATUS.—The (III) the Clean Air Act (42 U.S.C. 7401 et the Treasury shall retain any liability for Zuni Tribe may seek to have the legal title seq.); or the expenditure or investment of the monies to additional lands in Arizona, other than (IV) any other Federal law specifically ad- withdrawn. the lands described in subsection (a), (b), or dressed in intergovernmental agreements; or (4) EXPENDITURE PLAN.— (c), taken into trust by the United States for (iii) the intergovernmental agreement is (A) IN GENERAL.—The Zuni Tribe shall sub- the benefit of the Zuni Indian Tribe pursuant inconsistent with a Federal law for the pro- mit to the Secretary for approval an expend- only to an Act of Congress enacted after the tection of civil rights, public health, or wel- iture plan for any portion of the funds made date of enactment of this Act specifically au- fare. available under this Act that the Zuni Tribe thorizing the transfer for the benefit of the (m) RULE OF CONSTRUCTION.—Nothing in does not withdraw under this subsection. Zuni Tribe. this Act shall be construed to affect the ap- (B) DESCRIPTION.—The expenditure plan (f) FINAL AGENCY ACTION.—Any written plication of the Act of May 25, 1918 (25 U.S.C. shall describe the manner in which, and the certification by the Secretary under sub- 211) within the State of Arizona. purposes for which, funds of the Zuni Tribe paragraph 6.2.B of the Settlement Agreement (n) DISCLAIMER.—Nothing in this section remaining in the Fund will be used. constitutes final agency action under the repeals, modifies, amends, changes, or other- (C) APPROVAL.—On receipt of an expendi- Administrative Procedure Act and is review- wise affects the Secretary’s obligations to ture plan under subparagraph (A), the Sec- able as provided for under chapter 7 of title the Zuni Tribe pursuant to the Act entitled retary shall approve the plan if the Sec- 5, United States Code. ‘‘An Act to convey certain lands to the Zuni retary determines that the plan is reason- (g) NO FEDERAL WATER RIGHTS.—Lands Indian Tribe for religious purposes’’ ap- able and consistent with this Act. taken into trust pursuant to subsection (a), proved August 28, 1984 (Public Law 98–408; 98 (5) ANNUAL REPORT.—The Zuni Tribe shall (b), or (c) shall not have Federal reserved Stat. 1533) (and as amended by the Zuni Land submit to the Secretary an annual report rights to surface water or groundwater. Conservation Act of 1990 (Public Law 101–486; that describes all expenditures from the (h) STATE WATER RIGHTS.—The water 104 Stat. 1174)). Fund during the year covered by the report. rights and uses for the lands taken into trust (f) FUNDS FOR ACQUISITION OF WATER pursuant to subsection (a) or (c) must be de- SEC. 6. DEVELOPMENT FUND. RIGHTS.— termined under subparagraph 4.1.A and arti- (a) ESTABLISHMENT OF THE FUND.— (1) WATER RIGHTS ACQUISITIONS.—Notwith- cle 5 of the Settlement Agreement. With re- (1) IN GENERAL.—There is established in the standing subsection (e), the funds authorized spect to the lands taken into trust pursuant Treasury of the United States a fund to be to be appropriated pursuant to section to subsection (b), the Zuni Tribe retains any known as the ‘‘Zuni Indian Tribe Water 4(b)(1)— rights or claims to water associated with Rights Development Fund’’, to be managed (A) shall be available upon appropriation these lands under State law, subject to the and invested by the Secretary, consisting for use in accordance with section 4(b)(1); terms of the Settlement Agreement. of— and (i) FORFEITURE AND ABANDONMENT.—Water (A) the amounts authorized to be appro- rights that are appurtenant to lands taken priated in section 4(b); and (B) shall be distributed by the Secretary to into trust pursuant to subsection (a), (b), or (B) the appropriation to be contributed by the Zuni Tribe on receipt by the Secretary (c) shall not be subject to forfeiture and the State of Arizona pursuant to paragraph from the Zuni Tribe of a written notice and abandonment. 7.6 of the Settlement Agreement. a tribal council resolution that describe the (j) AD VALOREM TAXES.—With respect to (2) ADDITIONAL DEPOSITS.—The Secretary purposes for which the funds will be used. lands that are taken into trust pursuant to shall deposit in the Fund any other monies (2) RIGHT TO SET OFF.—In the event the re- subsection (a) or (b), the Zuni Tribe shall paid to the Secretary on behalf of the Zuni quirements of section 9(a) have not been met make payments in lieu of all current and fu- Tribe pursuant to the Settlement Agree- and the Settlement Agreement has become ture State, county, and local ad valorem ment. null and void under section 9(b), the United property taxes that would otherwise be ap- (b) MANAGEMENT OF THE FUND.—The Sec- States shall be entitled to set off any funds plicable to those lands if they were not in retary shall manage the Fund, make invest- expended or withdrawn from the amount ap- trust. ments from the Fund, and make monies propriated pursuant to section 4(b)(1), to- (k) AUTHORITY OF TRIBE.—For purposes of available from the Fund for distribution to gether with any interest accrued, against complying with this section and article 6 of the Zuni Tribe consistent with the American any claims asserted by the Zuni Tribe the Settlement Agreement, the Tribe is au- Indian Trust Fund Management Reform Act against the United States relating to water thorized to enter into— of 1994 (25 U.S.C. 4001 et seq.) (referred to in rights at the Zuni Heaven Reservation. (1) the Intergovernmental Agreement be- this section as the ‘‘Trust Fund Reform (3) WATER RIGHTS.—Any water rights ac- tween the Zuni Tribe, Apache County, Ari- Act’’), this Act, and the Settlement Agree- quired with funds described in paragraph (1) zona, and the State of Arizona; and ment. shall be credited against any water rights se- (2) any intergovernmental agreement re- (c) INVESTMENT OF THE FUND.—The Sec- cured by the Zuni Tribe, or the United quired to be entered into by the Tribe under retary shall invest amounts in the Fund in States on behalf of the Zuni Tribe, for the the terms of the Intergovernmental Agree- accordance with— Zuni Heaven Reservation in the Little Colo- ment. (1) the Act of April 1, 1880 (21 Stat. 70, ch. rado River General Stream Adjudication or (l) FEDERAL ACKNOWLEDGEMENT OF INTER- 41, 25 U.S.C. 161); in any future settlement of claims for those GOVERNMENTAL AGREEMENTS.— (2) the first section of the Act of June 24, water rights. (1) IN GENERAL.—The Secretary shall ac- 1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and (g) NO PER CAPITA DISTRIBUTIONS.—No part knowledge the terms of any intergovern- (3) subsection (b). of the Fund shall be distributed on a per cap- mental agreement entered into by the Tribe (d) AVAILABILITY OF AMOUNTS FROM THE ita basis to members of the Zuni Tribe. under this section. FUND.—The funds authorized to be appro- SEC. 7. CLAIMS EXTINGUISHMENT; WAIVERS AND (2) NO ABROGATION.—The Secretary shall priated pursuant to section 3104(b)(2) and RELEASES. not seek to abrogate, in any administrative funds contributed by the State of Arizona (a) FULL SATISFACTION OF MEMBERS’ or judicial action, the terms of any intergov- pursuant to paragraph 7.6 of the Settlement CLAIMS.— ernmental agreement that are consistent Agreement shall be available for expenditure (1) IN GENERAL.—The benefits realized by with subparagraph 6.2.A of the Settlement or withdrawal only after the requirements of the Tribe and its members under this Act, Agreement and this Act. section 9(a) have been met. including retention of any claims and rights, (3) REMOVAL.— (e) EXPENDITURES AND WITHDRAWAL.— shall constitute full and complete satisfac- (A) IN GENERAL.—Except as provided in (1) TRIBAL MANAGEMENT PLAN.— tion of all members’ claims for— subparagraph (B), if a judicial action is com- (A) IN GENERAL.—The Zuni Tribe may with- (A) water rights under Federal, State, and menced during a dispute over any intergov- draw all or part of the Fund on approval by other laws (including claims for water rights ernmental agreement entered into under this the Secretary of a tribal management plan in groundwater, surface water, and effluent) section, and the United States is allowed to as described in the Trust Fund Reform Act. for Zuni Lands from time immemorial

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through the effective date described in sec- ages for deprivation of water rights) from (2) CLAIMS OF THE UNITED STATES.—The tion 9(a) and any time thereafter; and time immemorial through the effective date Tribe, on behalf of itself and its members, is (B) injuries to water rights under Federal, described in section 9(a), and any time there- authorized to waive its right to request that State, and other laws (including claims for after, for lands outside of Zuni Lands but lo- the United States bring— water rights in groundwater, surface water, cated within the Little Colorado River basin (A) any claims for injuries to water quality and effluent, claims for damages for depriva- in Arizona, based upon aboriginal occupancy under the natural resource damage provi- tion of water rights, and claims for changes of lands by the Zuni Tribe or its prede- sions of the Comprehensive Environmental to underground water table levels) for Zuni cessors; Response, Compensation, and Liability Act Lands from time immemorial through the ef- (4) past and present claims for failure to of 1980 (42 U.S.C. 9601 et seq.), the Oil Pollu- fective date described in section 9(a). protect, acquire, or develop water rights of, tion Act of 1990 (33 U.S.C. 2701 et seq.) or any (2) NO RECOGNITION OR ESTABLISHMENT OF or failure to protect water quality for, the other applicable statute, for lands within the INDIVIDUAL WATER RIGHT.—Nothing in this Zuni Tribe within the Little Colorado River Little Colorado River Basin in the State of Act recognizes or establishes any right of a basin in Arizona from time immemorial Arizona, accruing from time immemorial member of the Tribe to water on the Res- through the effective date described in sec- through the effective date described in sec- ervation. tion 9(a); and tion 9(a); and (b) TRIBE AND UNITED STATES AUTHORIZA- (5) claims for breach of the trust responsi- (B) any future claims for injuries or threat TION AND WATER QUANTITY WAIVERS.—The bility of the United States to the Zuni Tribe of injury to water quality under the natural Tribe, on behalf of itself and its members arising out of the negotiation of the Settle- resource damage provisions of the Com- and the Secretary on behalf of the United ment Agreement or this Act. prehensive Environmental Response, Com- States in its capacity as trustee for the Zuni (d) TRIBAL WAIVER OF WATER QUALITY pensation, and Liability Act of 1980 (42 Tribe and its members, are authorized, as CLAIMS AND INTERFERENCE WITH TRUST U.S.C. 9601 et seq.), the Oil Pollution Act of part of the performance of their obligations CLAIMS.— 1990 (33 U.S.C. 2701 et seq.), or any other ap- under the Settlement Agreement, to execute (1) CLAIMS AGAINST THE STATE AND OTH- plicable statute, accruing after the effective a waiver and release, subject to paragraph ERS.— date described in section 9(a), for any lands 11.4 of the Settlement Agreement, for claims (A) INTERFERENCE WITH TRUST RESPONSI- within the Eastern LCR basin, caused by— against the State of Arizona, or any agency BILITY.—The Tribe, on behalf of itself and its (i) the lawful diversion or use of surface or political subdivision thereof, or any other members, is authorized, as part of the per- water; person, entity, corporation, or municipal formance of its obligations under the Settle- (ii) the lawful withdrawal or use of under- corporation, under Federal, State, or other ment Agreement, to waive and release all ground water, except within the Zuni Protec- law for any and all— claims against the State of Arizona, or any tion Area, as provided in article 5 of the Set- (1) past, present, and future claims to agency or political subdivision thereof, or tlement Agreement; water rights (including water rights in any other person, entity, corporation, or mu- (iii) the Parties’ performance of any obli- groundwater, surface water, and effluent) for nicipal corporation under Federal, State, or gations under the Settlement Agreement; Zuni Lands from time immemorial through other law, for claims of interference with the (iv) the discharge of oil associated with the effective date described in section 9(a) trust responsibility of the United States to routine physical or mechanical maintenance and any time thereafter, except for claims the Zuni Tribe arising out of the negotiation of wells or diversion structures not incon- within the Zuni Protection Area as provided of the Settlement Agreement or this Act. sistent with applicable law; in article 5 of the Settlement Agreement; (B) INJURY OR THREAT OF INJURY TO WATER (v) the discharge of oil associated with rou- (2) past and present claims for injuries to QUALITY.—The Tribe, on behalf of itself and tine start-up and operation of well pumps water rights (including water rights in its members, is authorized, as part of the not inconsistent with applicable law; or groundwater, surface water, and effluent and performance of its obligations under the Set- (vi) any combination of the causes de- including claims for damages for deprivation tlement Agreement, to waive and release, scribed in clauses (i) through (v). of water rights and any claims for changes to subject to paragraphs 11.4, 11.6, and 11.7 of (3) LIMITATIONS.—Notwithstanding the au- underground water table levels) for Zuni the Settlement Agreement, all claims thorization for the Tribe’s waiver of future Lands from time immemorial through the ef- against the State of Arizona, or any agency water quality claims in paragraph (1)(B)(ii) fective date described in section 9(a); and or political subdivision thereof, or any other and the waiver in paragraph (2)(B), the Tribe, (3) past, present, and future claims for person, entity, corporation, or municipal on behalf of itself and its members, retains water rights and injuries to water rights (incorporation under Federal, State, or other any statutory claims for injury or threat of cluding water rights in groundwater, surface law, for— injury to water quality under the Com- water, and effluent and including any claims (i) any and all past and present claims, in- prehensive Environmental Response, Com- for damages for deprivation of water rights cluding natural resource damage claims pensation, and Liability Act of 1980 (42 and any claims for changes to underground under the Comprehensive Environmental Re- U.S.C. 9601 et seq.) and the Oil Pollution Act water table levels) from time immemorial sponse, Compensation, and Liability Act of of 1990 (33 U.S.C. 2701 et seq.), as described in through the effective date described in sec- 1980 (42 U.S.C. 9601 et seq.), the Oil Pollution subparagraph 11.4(D)(3) and (4) of the Settle- tion 9(a), and any time thereafter, for lands Act of 1990 (33 U.S.C. 2701 et seq.), or any ment Agreement, that accrue at least 30 outside of Zuni Lands but located within the other applicable statute, for injury to water years after the effective date described in Little Colorado River basin in Arizona, based quality accruing from time immemorial section 9(a). upon aboriginal occupancy of lands by the through the effective date described in sec- (e) WAIVER OF UNITED STATES WATER QUAL- Zuni Tribe or its predecessors. tion 9(a), for lands within the Little Colo- ITY CLAIMS RELATED TO SETTLEMENT LAND (c) TRIBAL WAIVERS AGAINST THE UNITED rado River basin in the State of Arizona; and AND WATER.— STATES.—The Tribe is authorized, as part of (ii) any and all future claims, including (1) PAST AND PRESENT CLAIMS.—As part of the performance of its obligations under the natural resource damage claims under the the performance of its obligations under the Settlement Agreement, to execute a waiver Comprehensive Environmental Response, Settlement Agreement, the United States and release, subject to paragraphs 11.4 and Compensation, and Liability Act of 1980 (42 waives and releases, subject to the reten- 11.6 of the Settlement Agreement, for claims U.S.C. 9601 et seq.), the Oil Pollution Act of tions in paragraphs 11.4, 11.6 and 11.7 of the against the United States (acting in its ca- 1990 (33 U.S.C. 2701 et seq.), or any other ap- Settlement Agreement, all claims against pacity as trustee for the Zuni Tribe or its plicable statute, for injury or threat of in- the State of Arizona, or any agency or polit- members, or otherwise acting on behalf of jury to water quality, accruing after the ef- ical subdivision thereof, or any other person, the Zuni Tribe or its members), including fective date described in section 9(a), for any entity, corporation, or municipal corpora- any agencies, officials, or employees thereof, lands within the Eastern LCR basin caused tion for— for any and all— by— (A) all past and present common law (1) past, present, and future claims to (I) the lawful diversion or use of surface claims accruing from time immemorial water rights (including water rights in water; through the effective date described in sec- groundwater, surface water, and effluent) for (II) the lawful withdrawal or use of under- tion 9(a) arising from or relating to water Zuni Lands, from time immemorial through ground water, except within the Zuni Protec- quality in which the injury asserted is to the the effective date described in section 9(a) tion Area, as provided in article 5 of the Set- Tribe’s interest in water, trust land, and nat- and any time thereafter; tlement Agreement; ural resources in the Little Colorado River (2) past and present claims for injuries to (III) the Parties’ performance of any obli- basin in the State of Arizona; and water rights (including water rights in gations under the Settlement Agreement; (B) all past and present natural resource groundwater, surface water, and effluent and (IV) the discharge of oil associated with damage claims accruing through the effec- any claims for damages for deprivation of routine physical or mechanical maintenance tive date described in section 9(a) arising water rights) for Zuni Lands from time im- of wells or diversion structures not incon- from or relating to water quality in which memorial through the effective date de- sistent with applicable law; the claim is based on injury to natural re- scribed in section 9(a); (V) the discharge of oil associated with sources or threat to natural resources in the (3) past, present, and future claims for routine start-up and operation of well pumps Little Colorado River basin in Arizona, only water rights and injuries to water rights (in- not inconsistent with applicable law; or for those cases in which the United States, cluding water rights in groundwater, surface (VI) any combination of the causes de- through the Secretary or other designated water, and effluent and any claims for dam- scribed in subclauses (I) through (V). Federal official, would act on behalf of the

VerDate Jan 31 2003 01:18 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.002 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4801 Tribe as a natural resource trustee pursuant United States or the Tribe as a party, or if other Zuni Lands if the severance and trans- to the National Contingency Plan, as set any other landowner or water user in the fer is accomplished in accordance with State forth, as of the date of enactment of this Little Colorado River basin in Arizona files a law (and once transferred to any lands held Act, in section 300.600(b)(2) of title 40, Code of lawsuit only relating directly to the inter- in fee, such water shall be subject to State Federal Regulations. pretation or enforcement of Article 11, the law). rights of de minimis users in subparagraph (2) FUTURE CLAIMS.—As part of the per- (c) RIGHTS-OF-WAY.— 4.2.D or the rights of underground water formance of its obligations under the Settle- (1) NEW AND FUTURE TRUST LAND.—The land ment Agreement, the United States waives users under Article 5 of the Settlement taken into trust under subsections (a) and Agreement, naming the United States or the and releases, subject to the retentions in (b) of section 5 shall be subject to existing Tribe as a party— paragraphs 11.4, 11.6 and 11.7 of the Settle- easements and rights-of-way. (1) the United States, the Tribe, or both ment Agreement, the State of Arizona, or (2) ADDITIONAL RIGHTS-OF-WAY.— may be added as a party to any such litiga- any agency or political subdivision thereof, (A) IN GENERAL.—Notwithstanding any tion, and any claim by the United States or or any other person, entity, corporation, or other provision of law, the Secretary, in con- the Tribe to sovereign immunity from such municipal corporation for— sultation with the Tribe, shall grant addi- suit is hereby waived, other than with re- (A) all future common law claims arising tional rights-of-way or expansions of exist- spect to claims for monetary awards except from or relating to water quality in which ing rights-of-way for roads, utilities, and as specifically provided for in the Settlement the injury or threat of injury asserted is to other accommodations to adjoining land- the Tribe’s interest in water, trust land, and Agreement; and (2) the Tribe may waive its sovereign im- owners if— natural resources in the Eastern LCR basin (i) the proposed right-of-way is necessary in Arizona accruing after the effective date munity from suit in the Superior Court of Apache County, Arizona for the limited pur- to the needs of the applicant; described in section 9(a) caused by— (ii) the proposed right-of-way will not (i) the lawful diversion or use of surface poses of enforcing the terms of the Intergov- ernmental Agreement, and any intergovern- cause significant and substantial harm to water; the Tribe’s wetland restoration project or re- (ii) the lawful withdrawal or use of under- mental agreement required to be entered into by the Tribe under the terms of the ligious practices; and ground water, except within the Zuni Protec- (iii) the proposed right-of-way acquisition tion Area, as provided in article 5 of the Set- Intergovernmental Agreement, other than with respect to claims for monetary awards will comply with the procedures in part 169 tlement Agreement; except as specifically provided in the Inter- of title 25, Code of Federal Regulations, not (iii) the Parties’ performance of any obli- governmental Agreement. inconsistent with this subsection and other gations under the Settlement Agreement; (b) TRIBAL USE OF WATER.— generally applicable Federal laws unrelated (iv) the discharge of oil associated with (1) IN GENERAL.—With respect to water to the acquisition of interests across trust routine physical or mechanical maintenance rights made available under the Settlement lands. of wells or diversion structures not incon- Agreement and used on the Zuni Heaven Res- (B) ALTERNATIVES.—If the criteria de- sistent with applicable law; ervation— scribed in clauses (i) through (iii) of subpara- (v) the discharge of oil associated with rou- (A) such water rights shall be held in trust graph (A) are not met, the Secretary may tine start-up and operation of well pumps by the United States in perpetuity, and shall propose an alternative right-of-way, or other not inconsistent with applicable law; or not be subject to forfeiture or abandonment; accommodation that complies with the cri- (vi) any combination of the causes de- (B) State law shall not apply to water uses teria. scribed in clauses (i) through (v); and on the Reservation; (d) CERTAIN CLAIMS PROHIBITED.—The (B) all future natural resource damage (C) the State of Arizona may not regulate United States shall make no claims for reim- claims accruing after the effective date de- or tax such water rights or uses (except that bursement of costs arising out of the imple- scribed in section 9(a) arising from or relat- the court with jurisdiction over the decree mentation of this Act or the Settlement ing to water quality in which the claim is entered pursuant to the Settlement Agree- Agreement against any Indian-owned land based on injury to natural resources or ment or the Norviel Decree Court may assess within the Tribe’s Reservation, and no as- threat to natural resources in the Eastern administrative fees for delivery of this sessment shall be made in regard to such LCR basin in Arizona, only for those cases in water); costs against such lands. which the United States, through the Sec- (D) subject to paragraph 7.7 of the Settle- (e) VESTED RIGHTS.—Except as described in retary or other designated Federal official, ment Agreement, the Zuni Tribe shall use paragraph 5.3 of the Settlement Agreement would act on behalf of the Tribe as a natural water made available to the Zuni Tribe (recognizing the Zuni Tribe’s use of 1,500 resource trustee pursuant to the National under the Settlement Agreement on the Zuni acre-feet per annum of groundwater) this Act Contingency Plan, as set forth, as of the date Heaven Reservation for any use it deems ad- and the Settlement Agreement do not create of enactment of this Act, in section visable; any vested right to groundwater under Fed- 300.600(b)(2) of title 40, Code of Federal Regu- (E) water use by the Zuni Tribe or the eral or State law, or any priority to the use lations, caused by— United States on behalf of the Zuni Tribe for of groundwater that would be superior to any (i) the lawful diversion or use of surface wildlife or instream flow use, or for irriga- other right or use of groundwater under Fed- water; tion to establish or maintain wetland on the eral or State law, whether through this Act, (ii) the lawful withdrawal or use of under- Reservation, shall be considered to be con- the Settlement Agreement, or by incorpora- ground water, except within the Zuni Protec- sistent with the purposes of the Reservation; tion of any abstract, agreement, or stipula- tion Area as provided in article 5 of the Set- and tion prepared under the Settlement Agree- tlement Agreement; (F)(i) not later than 3 years after the dead- ment. Notwithstanding the preceding sen- (iii) the Parties’ performance of their obli- line described in section 9(b), the Zuni Tribe tence, the rights of parties to the agree- gations under this Settlement Agreement; shall adopt a water code to be approved by ments referred to in paragraph (1), (2), or (3) (iv) the discharge of oil associated with the Secretary for regulation of water use on of section 4(c) and paragraph 5.8 of the Set- routine physical or mechanical maintenance the lands identified in subsections (a) and (b) tlement Agreement, as among themselves, of wells or diversion structures not incon- of section 5 that is reasonably equivalent to shall be as stated in those agreements. sistent with applicable law; State water law (including statutes relating (v) the discharge of oil associated with rou- to dam safety and groundwater manage- (f) OTHER CLAIMS.—Nothing in the Settle- tine start-up and operation of well pumps ment); and ment Agreement or this Act quantifies or not inconsistent with applicable law; or (ii) until such date as the Zuni Tribe otherwise affects the water rights, claims, or (vi) any combination of the causes de- adopts a water code described in clause (i), entitlements to water of any Indian tribe, scribed in clauses (i) through (v). the Secretary, in consultation with the band, or community, other than the Zuni In- (f) EFFECT.—Subject to subsections (b) and State of Arizona, shall administer water use dian Tribe. (e), nothing in this Act or the Settlement and water regulation on lands described in (g) NO MAJOR FEDERAL ACTION.— Agreement affects any right of the United that clause in a manner that is reasonably (1) IN GENERAL.—Execution of the Settle- States, or the State of Arizona, to take any equivalent to State law (including statutes ment Agreement by the Secretary as pro- actions, including enforcement actions, relating to dam safety and groundwater vided for in section 4(a) shall not constitute under any laws (including regulations) relat- management). major Federal action under the National En- ing to human health, safety and the environ- (2) LIMITATION.— vironmental Policy Act (42 U.S.C. 4321 et ment. (A) IN GENERAL.—Except as provided in seq.). SEC. 8. MISCELLANEOUS PROVISIONS. subparagraph (B), the Zuni Tribe or the (2) SETTLEMENT AGREEMENT.—In imple- (a) WAIVER OF SOVEREIGN IMMUNITY.—If United States shall not sell, lease, transfer, menting the Settlement Agreement, the Sec- any party to the Settlement Agreement or a or transport water made available for use on retary shall comply with all aspects of— Pumping Protection Agreement files a law- the Zuni Heaven Reservation to any other (A) the National Environmental Policy Act suit only relating directly to the interpreta- place. of 1969 (42 U.S.C. 4321 et seq.); tion or enforcement of this Act, the Settle- (B) EXCEPTION.—Water made available to (B) the Endangered Species Act of 1973 (16 ment Agreement, an agreement described in the Zuni Tribe or the United States for use U.S.C. 1531 et seq.); and paragraph (1), (2), or (3) of section 4(c), or a on the Zuni Heaven Reservation may be sev- (C) all other applicable environmental laws Pumping Protection Agreement, naming the ered and transferred from the Reservation to (including regulations).

VerDate Jan 31 2003 01:18 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.002 H03PT1 H4802 CONGRESSIONAL RECORD — HOUSE June 3, 2003 SEC. 9. EFFECTIVE DATE FOR WAIVER AND RE- izona (Mr. RENZI) and the gentlewoman Mr. RENZI. Mr. Speaker, I yield such LEASE AUTHORIZATIONS. from the Virgin Islands (Mrs. time as he may consume to the gen- (a) IN GENERAL.—The waiver and release authorizations contained in subsections (b) CHRISTENSEN) each will control 20 min- tleman from Arizona (Mr. HAYWORTH). and (c) of section 7 shall become effective as utes. Mr. HAYWORTH. Mr. Speaker, I of the date the Secretary causes to be pub- The Chair recognizes the gentleman thank my colleague from the First Dis- lished in the Federal Register a statement of from Arizona (Mr. RENZI). trict and would like to pause at this all the following findings: Mr. RENZI. Mr. Speaker, I yield my- time, Mr. Speaker, to really commend (1) This Act has been enacted in a form ap- self such time as I may consume. my new colleague for stepping into the proved by the parties in paragraph 3.1.A of Mr. Speaker, S. 222, authored by Sen- people’s House and doing the people’s the Settlement Agreement. ator JOHN KYL and identical legislation work, and again, I would just simply (2) The funds authorized by section 4(b) provided by the Senator and introduced pause at this juncture, knowing that have been appropriated and deposited into the Fund. by me and other members of the Ari- some of the atmospherics that are at (3) The State of Arizona has appropriated zona delegation, would resolve water work today, I would just, Mr. Speaker, and deposited into the Fund the amount re- rights claims and litigation in the Lit- ask my colleagues to stop and think quired by paragraph 7.6 of the Settlement tle Colorado River basin. about the legislation at hand and what Agreement. I would like to commend the com- other tactics may come into play that (4) The Zuni Indian Tribe has either pur- mitment and the perseverance of Sen- could be counterproductive and hurt chased or acquired the right to purchase at ator JOHN KYL, who has put many the very people so many in this Cham- least 2,350 acre-feet per annum of surface hours and much time into this impor- ber come to champion. water rights, or waived this condition as pro- It was my privilege to originally vided in paragraph 3.2 of the Settlement tant bill. Agreement. The bill provides much-needed assur- sponsor this legislation in the 107th (5) Pursuant to subparagraph 3.1.D of the ance to settlement participants and is Congress, and it is my honor to cospon- Settlement Agreement, the severance and the result of 4 years of good-faith nego- sor this bill with my good friend and transfer of surface water rights that the tiations between the Federal Govern- colleague from the First District, the Tribe owns or has the right to purchase have ment, the Zuni Indian Tribe, the State gentleman from Arizona (Mr. RENZI). been conditionally approved, or the Tribe of Arizona, and local water users and This legislation ratifies the settle- has waived this condition as provided in utilities. ment concerning the Zuni Indian paragraph 3.2 of the Settlement Agreement. tribe’s water rights on the Little Colo- (6) Pursuant to subparagraph 3.1.E of the By settling water rights claims and Settlement Agreement, the Tribe and Lyman litigation, the legislation will allow rado River in eastern Arizona. The bill Water Company have executed an agreement the Zuni Indian Tribe to restore and re- will provide for a wetlands restoration relating to the process of the severance and pair wetlands important to the tribe’s at Zuni Heaven, an area of land along transfer of surface water rights acquired by religious and cultural traditions. Wet- the Colorado River that is sacred to the Zuni Tribe or the United States, the land restoration will be done through a the Zuni tribe of New Mexico. Con- pass-through, use, or storage of the Tribe’s variety of means, including surface and sistent with the principles of tribunal surface water rights in Lyman Lake, and the groundwater development, while sovereignty, Indian self-determination operation of Lyman Dam. and religious freedom, this legislation (7) Pursuant to subparagraph 3.1.F of the grandfathering current non-Indian Settlement Agreement, all the parties to the water rights. This grandfathering will settle ancient water rights and en- Settlement Agreement have agreed and stip- mechanism provides certainty to the sure that those rights are preserved for ulated to certain Arizona Game and Fish ab- local non-Indian communities that de- all future generations of the Zuni peo- stracts of water uses. pend on water resources in the Little ple. (8) Pursuant to subparagraph 3.1.G of the Colorado basin. The Zuni tribe’s water claim is no Settlement Agreement, all parties to the The settlement also avoids lengthy new development. In fact, litigation of Settlement Agreement have agreed to the lo- and costly litigation. The parties in- the water rights on the Little Colorado cation of an observation well and that well volved have come together to find a re- River Basin has been ongoing for near- has been installed. ly a quarter of a century now. This leg- (9) Pursuant to subparagraph 3.1.H of the sponsible, commonsense solution that Settlement Agreement, the Zuni Tribe, improves the environment, fulfills reli- islation represents a culmination of Apache County, Arizona and the State of Ar- gious and cultural traditions, and pro- this process in a way that will reduce izona have executed an Intergovernmental vides a clear water supply roadmap for expenses for all parties involved. In- Agreement that satisfies all of the condi- the area. deed, we should look at this settlement tions in paragraph 6.2 of the Settlement It is now up to Congress to take the process demonstrated in this particular Agreement. final steps to make the settlement a case as a model for other settlements. (10) The Zuni Tribe has acquired title to reality. I ask my colleagues to pass The affected parties have recognized the section of land adjacent to the Zuni that final resolution of these water Heaven Reservation described as Section 34, this important legislation. Township 14 North, Range 26 East, Gila and Mr. Speaker, I reserve the balance of claims through litigation is counter- Salt River Base and Meridian. my time. productive and hurtful to the tribe, (11) The Settlement Agreement has been Mrs. CHRISTENSEN. Mr. Speaker, I neighboring non-Indian water users, modified if and to the extent it is in conflict yield myself such time as I may con- local towns, utility and irrigation com- with this Act and such modification has been sume. panies, the State of Arizona and, ulti- agreed to by all the parties to the Settle- (Mrs. CHRISTENSEN asked and was mately, Mr. Speaker, to the United ment Agreement. given permission to revise and extend States. Therefore, negotiations have (12) A court of competent jurisdiction has brought forward a settlement agreed to approved the Settlement Agreement by a her remarks.) final judgment and decree. Mrs. CHRISTENSEN. Mr. Speaker, S. by all parties; and we now, Mr. Speak- (b) DEADLINE FOR EFFECTIVE DATE.—If the 222 is a unique water rights settlement, er, in the people’s House have the op- publication in the Federal Register required carefully designed to protect the Zunis’ portunity to codify this settlement under subsection (a) has not occurred by De- most sacred sites, while at the same with passage of this legislation. cember 31, 2006, sections 4 and 5, and any time preserving access to water sup- Mr. Speaker, the merit of this legis- agreements entered into pursuant to sec- plies for upstream water users. lation speaks for itself. Again, I com- tions 4 and 5 (including the Settlement mend my colleague, the gentleman Agreement and the Intergovernmental b 1230 from Arizona (Mr. RENZI), for bringing Agreement) shall not thereafter be effective I extend my compliments to the Zuni this bill forward in such an expeditious and shall be null and void. Any funds and the interest accrued thereon appropriated pursu- people, the State of Arizona and the manner, making it one of his top prior- ant to section 4(b)(2) shall revert to the non-Indian organizations who partici- ities, bringing it to the floor today. Treasury, and any funds and the interest ac- pated in the negotiations that resulted Mr. Speaker, I would like to end on a crued thereon appropriated pursuant to para- in this historic water settlement. hopeful note, that while other atmos- graph 7.6 of the Settlement Agreement shall Mr. Speaker, we have no objection to pherics may be at work in this Cham- revert to the State of Arizona. the bill. ber, this is a chance to strike a blow The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of for common sense, for Native American ant to the rule, the gentleman from Ar- my time. self-determination and for something

VerDate Jan 31 2003 02:46 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.002 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4803 that is vital to the people of Arizona The Zunis would argue, if we simply of an increasingly scarce resource. Be- and New Mexico. cut them out of the water development cause of the importance and the sa- Mrs. CHRISTENSEN. Mr. Speaker, I rights, if we simply cut them out of credness of all forms and sources of yield 3 minutes to the gentleman from their historic water rights and we gave water, all prayers and songs of the California (Mr. GEORGE MILLER). it to non-Indians for use in develop- three major components of the Zuni re- Mr. GEORGE MILLER of California. ment or we protected the wetlands and ligion contain language asking for rain Mr. Speaker, I thank the gentlewoman we did not take care of their sacred and snow to ensure that all crops have for yielding me the time, and I thank lands, they would argue it is not fair. enough water to finish their life pass, her for presenting this bill on the floor. I am simply presenting that the ar- to provide sustenance for their Zuni And this bill has been properly rep- guments that are presented here today children. resented. It is a matter of sorting out on behalf of the Zunis, which are very Likewise, ensuring access to the the equities between Indian water right reasonable, very fair, were never pre- child tax credit will help Zuni families users and non-Indian water right users, sented on behalf of millions of Ameri- to provide economic sustenance to the needs for wetlands development cans when they were cut out of a tax their children. In Arizona, 138,000 fami- and to protect the sacred rights of the bill; and they will now not receive lies with children, 21 percent of fami- lands of the Zuni people. their check this summer as will others. lies in the State, are not helped by the That is what the legislative process POINT OF ORDER child tax credit increase because of the is supposed to be about, but that is not Mr. RENZI. Mr. Speaker, regular Republicans last-minute actions; what it was about 2 weeks ago when we order. 403,000 Arizona children, including Zuni passed a tax bill. We could talk about The SPEAKER pro tempore. The children, would be eligible if the child balancing the equities of the Zuni peo- Chair would remind Members it is es- tax credit were made fully refundable, ple and the water rights of this bill. sential to maintain a nexus between with an additional $259 million in cred- POINT OF ORDER the subject matter before the House its going to families in that State. The Mr. RENZI. Requesting regular and the scope of their arguments. children of military personnel, Zunis order, Mr. Speaker. Mr. GEORGE MILLER of California. The SPEAKER pro tempore (Mr. who have served in our military, their The gentleman from California would children are going to be left behind. CULBERSON). Members are reminded say to the Chair, I think there is a very that they should always confine their We cannot in good conscience debate strong nexus being maintained here. It remarks to the subject matter before a bill here today that does not take is about equity and it is about justice, the House. into consideration the economics of the Mr. GEORGE MILLER of California. and it is about economic justice. It is issues of the Zuni tribe, their water Mr. Speaker, that I am. about historic claims. rights, their religious rights, their eco- We are talking about a bill that has The child tax credit is not new. It is nomic rights. It is about the economic gone through many, many years of ne- an old claim before this Congress, security of working families, of low-in- gotiation and a bill that is designed to where the Congress decided the chil- come wage earners in this country, balance the equities. We spent consid- dren of the Zuni tribe would be entitled that we debate here today: water erable time on a tax bill. to a tax credit if their parents worked. rights, economic rights, child tax cred- Mr. RENZI. Mr. Speaker, I would ask Many Zunis, I suspect, are eligible for it. for a germane issue and regular order; that tax credit, but they are not under POINT OF ORDER this tax bill because of the difficulty in I would ask that the issue at hand, Mr. RENZI. Mr. Speaker, could I ask finding the kind of wages that would which is the water rights for the Zunis, for regular order. pay what would make them eligible for be addressed and not be used for a side The SPEAKER pro tempore. The that kind of tax credit. show, and ask for regular order, please. Chair would remind Members, quoting Mr. GEORGE MILLER of California. The nexus is here. The nexus is clear. The nexus is about an abuse of the leg- from annotations in the House Rules Mr. Speaker, regular order is what the and Manual under rule XVII, clause 1, gentleman from California is following. islative process, unlike the one which that during debate on a bill a Member The SPEAKER pro tempore. The we are going through here. That is why under recognition must confine his re- Chair will listen to the gentleman’s re- my colleague from Connecticut (Ms. marks to the pending legislation; that marks, and expects that the gentleman DELAURO) said that we should not oper- will confine his remarks to the bill be- ate business as usual. The ranking is, the Member must not dwell on an- fore the House, and if the gentleman’s member of the Committee on Ways and other measure not before the House. remarks lose the requisite nexus, the Means suggested the same thing, and I Rather, the Member must maintain a Chair will sustain a point of order. would just say that I think they are constant nexus between debate and the Mr. GEORGE MILLER of California. correct. subject matter of the bill. Mr. Speaker, once again, I would say Mr. RENZI. Mr. Speaker, I reserve Ms. DELAURO. Mr. Speaker, I believe that this bill is about a legislative the balance of my time. that the constant nexus has been made process where all sides have been Mrs. CHRISTENSEN. Mr. Speaker, I and that bridge has been kept. heard, agreement has come. That is yield such time as she might consume I ask unanimous consent to bring up why this bill is on suspension. And yet to the gentlewoman from Connecticut H.R. 2286 that would fix this terrible in- we have seen that that legislative proc- (Ms. DELAURO). justice. ess has not worked for millions of Ms. DELAURO. Mr. Speaker, I thank The SPEAKER pro tempore. Under American families and their children the gentlewoman for yielding me the the guidelines consistently issued by when the tax bill left out their equi- time. successive Speakers, as recorded on table claim; as the Zunis claim an eq- This bill will provide critical access page 712 of the House Rules and Man- uitable claim for their traditional to the Little Colorado River Basin to ual, the Chair is constrained not to en- water rights, for the historic water allow the Zuni Indian tribe acquisition tertain the gentlewoman’s request rights, these people were making an eq- of surface water rights and develop- until it has been cleared by the bipar- uitable claim on behalf of their chil- ment of ground water. The acquisition tisan floor and committee leaderships. dren. of water rights and associated lands Mrs. CHRISTENSEN. Mr. Speaker, I They were making an equitable are vital to the Zuni Indian tribe’s fu- yield myself such time as I may con- claim that their children, their family, ture economic development. sume. should get the same $400 that millions Along those same lines, the child tax We are committed to the water of other American families got, but in credit is critical in helping low-income rights settlement, but we are also com- designing the tax bill, the Republicans families achieve some level of eco- mitted to fixing the tax bill that was simply left out those wage earners, nomic security. recently passed and providing benefits those people who go to work who earn This bill secures tribal rights to as- to the millions of people who have been $10,000 to $26,000 a year, some 12 million sure water supplies for present and fu- left out. children who will not get the benefit of ture generations, while at the same Mr. Speaker, I yield back the balance the child tax credit. time providing for sound management of my time.

VerDate Jan 31 2003 01:18 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.025 H03PT1 H4804 CONGRESSIONAL RECORD — HOUSE June 3, 2003 Mr. RENZI. Mr. Speaker, I yield such Chair’s prior announcement, further praisal of those lands. The purchase or ex- time as she may consume to the gen- proceedings on this motion will be change under section 3(a) shall be conducted tlewoman from Wyoming (Mrs. CUBIN). postponed. based on the values determined by the ap- Mrs. CUBIN. Mr. Speaker, I thank praisal. f (b) NO AGREEMENT ON APPRAISER.—If the the gentleman for yielding me the Secretary and the Governor are unable to time. b 1245 agree on the selection of a qualified ap- I just wanted to ask any Member who praiser under subsection (a), then the Sec- has spoken to this bill on the other GRAND TETON NATIONAL PARK LAND EXCHANGE ACT retary and the Governor shall each designate side if, in fact, they are in favor of the a qualified appraiser. The two designated ap- bill that is before us today? Would any- Mrs. CUBIN. Mr. Speaker, I move to praisers shall select a qualified third ap- one like to enter into a colloquy? suspend the rules and pass the Senate praiser to conduct the appraisal with the ad- No one would like to enter into a col- bill (S. 273) to provide for the expedi- vice and assistance of the two designated ap- loquy on that issue, whether or not tious completion of the acquisition of praisers. The purchase or exchange under land owned by the State of Wyoming section 3(a) shall be conducted based on the they are in favor or opposed to the vote values determined by the appraisal. that is here? within the boundaries of Grand Teton (c) APPRAISAL COSTS.—The Secretary and Mr. GEORGE MILLER of California. National Park, and for other purposes. the State of Wyoming shall each pay one- Mr. Speaker, will the gentlewoman The Clerk read as follows: half of the appraisal costs under subsections yield? S. 273 (a) and (b). Mrs. CUBIN. I yield to the gentleman Be it enacted by the Senate and House of Rep- SEC. 5. ADMINISTRATION OF STATE LANDS AC- from California. resentatives of the United States of America in QUIRED BY THE UNITED STATES. Mr. GEORGE MILLER of California. Congress assembled, The State lands conveyed to the United States under section 3(a) shall become part Mr. Speaker, what is the colloquy SECTION 1. SHORT TITLE. of Grand Teton National Park. The Sec- about? This Act may be cited as the ‘‘Grand Teton Mrs. CUBIN. I would like to know retary shall manage such lands under the National Park Land Exchange Act’’. Act of August 25, 1916 (commonly know as whether or not the gentleman is in SEC. 2. DEFINITIONS. the ‘‘National Park Service Organic Act’’), favor of the bill that is here before us As used in this Act: and other laws, rules, and regulations appli- today or not. (1) The term ‘‘Federal lands’’ means public cable to Grand Teton National Park. Mr. GEORGE MILLER of California. lands as defined in section 103(e) of the Fed- SEC. 6. AUTHORIZATION FOR APPROPRIATIONS. Mr. Speaker, I supported the bill. I just eral Land Policy and Management Act of There are authorized to be appropriated do not support business as usual right 1976 (43 U.S.C. 1702(e)). such sums as may be necessary for the pur- now, as the gentlewoman understands. (2) The term ‘‘Governor’’ means the Gov- poses of this Act. Mrs. CUBIN. Then follow-up ques- ernor of the State of Wyoming. (3) The term ‘‘Secretary’’ means the Sec- The SPEAKER pro tempore (Mr. tion, does the gentleman intend to fol- retary of the Interior. CULBERSON). Pursuant to the rule, the low his support for the bill with an af- (4) The term ‘‘State lands’’ means lands gentlewoman from Wyoming (Mrs. firmative vote on the bill? and interest in lands owned by the State of CUBIN) and the gentlewoman from the Mr. GEORGE MILLER of California. Wyoming within the boundaries of Grand Virgin Islands (Mrs. CHRISTENSEN) each Mr. Speaker, I have a follow-up ques- Teton National Park as identified on a map will control 20 minutes. tion for the gentlewoman from Wyo- titled ‘‘Private, State & County Inholdings The Chair recognizes the gentle- ming. Does she support improving the Grand Teton National Park’’, dated March 2001, and numbered GTNP/0001. woman from Wyoming (Mrs. CUBIN). child tax credit so that millions of Mrs. CUBIN. Mr. Speaker, I yield my- SEC. 3. ACQUISITION OF STATE LANDS. American families can get a tax credit, self such time as I may consume. I rise (a) The Secretary is authorized to acquire many in the gentlewoman’s State that today to support a bill that is of great have been cut out of the tax bill? approximately 1,406 acres of State lands within the exterior boundaries of Grand interest to the State of Wyoming and Mrs. CUBIN. Mr. Speaker, reclaiming Teton National Park, as generally depicted to many, many environmental groups my time, does the gentleman intend to on the map referenced in section 2(4), by any across the country. It is not often that answer the question? one or a combination of the following— I can stand here and agree with the po- Mr. GEORGE MILLER of California. (1) donation; sitions of most of the environmental Colloquies are two-way conversations. (2) purchase with donated or appropriated groups that we deal with on a daily Would the gentlewoman support the funds; or basis, but this Grand Teton National (3) exchange of Federal lands in the State unanimous consent request to bring up Park Land Exchange Act is one such the fixing of the tax bill? of Wyoming that are identified for disposal under approved land use plans in effect on environmental issue that I think ev- Mrs. CUBIN. No, sir, I do not. eryone should support if they are in Does the gentleman intend to answer the date of enactment of this Act under section 202 of the Federal Land Policy and Man- fact interested in maintaining the in- my question? agement Act of 1976 (43 U.S.C. 1712) that are tegrity of Grand Teton National Park. Mr. GEORGE MILLER of California. of equal value to the State lands acquired in One of the worst things that I can Mr. Speaker, I answered the gentle- the exchange. think of happening to Grand Teton Na- woman’s question. I strongly support (b) In the event that the Secretary or the tional Park is to have an ultra-, ultra- the bill. Governor determines that the Federal lands Mrs. CUBIN. Will the gentleman vote eligible for exchange under subsection (a)(3) wealthy person build themselves a in favor of the bill? are not sufficient or acceptable for the ac- mansion or a symbol of their wealth at Mr. GEORGE MILLER of California. quisition of all the State lands identified in the base of the Grand Tetons and de- No, I will not. section 2(4), the Secretary shall identify stroy that beautiful open space and Mr. RENZI. Mr. Speaker, I yield back other Federal lands or interests therein in land that we fight so hard to protect the State of Wyoming for possible exchange the balance of my time. and to fund every year. The Grand and shall identify such lands or interests to- Teton National Park Land Exchange The SPEAKER pro tempore. The gether with their estimated value in a report Act was introduced by Senator THOMAS question is on the motion offered by to the Committee on Energy and Natural Re- the gentleman from Arizona (Mr. sources of the United States Senate and the and cosponsored by Senator ENZI and is RENZI) that the House suspend the Committee on Resources of the House of supported by all five elected Wyoming rules and pass the Senate bill, S. 222. Representatives. Such lands or interests State officials, the National Park Serv- The question was taken. shall not be available for exchange unless au- ice, the local communities, and all of The SPEAKER pro tempore. In the thorized by an Act of Congress enacted after the environmental organizations that I opinion of the Chair, two-thirds of the date of submission of the report. am aware of. The measure passed the those present have voted in the affirm- SEC. 4. VALUATION OF STATE AND FEDERAL IN- Senate on April 3, 2003, under unani- TERESTS. ative. mous consent. (a) AGREEMENT ON APPRAISER.—If the Sec- This bill presents a unique oppor- Mr. RENZI. Mr. Speaker, on that I retary and the Governor are unable to agree demand the yeas and nays. on the value of any Federal lands eligible for tunity with regard to Federal land The yeas and nays were ordered. exchange under section 3(a)(3) or State lands, management in our national parks The SPEAKER pro tempore. Pursu- then the Secretary and the Governor may se- that would greatly benefit the Amer- ant to clause 8 of rule XX and the lect a qualified appraiser to conduct an ap- ican people, as well as Wyoming school

VerDate Jan 31 2003 01:18 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.028 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4805 children. The Grand Teton National an appeals process to further ensure penses of holding their families to- Park was established by Congress on fairness to all parties. Within 180 days gether in difficult economic times, rec- February 29, 1929, to protect the nat- after the land value is determined, the ognizing that we want our children ural resources of the Teton range and Interior Secretary, in consultation properly cared for. That is what the Jackson’s unique beauty. On March 15, with the Governor, will determine an State of Wyoming has done with these 1943, President Franklin Delano Roo- exchange of Federal assets for equal State lands. That is what the Federal sevelt established Jackson Hole Na- value of the State lands. Government did when it transferred tional Monument adjacent to the park. This body has an incredible oppor- the lands to the State of Wyoming; and Grand Teton National Park was then tunity to allow the consolidation of it is for a very, very good purpose. expanded to its present size by Con- lands within Teton National Park and Now we have the opportunity to gress on September 14, 1950, to include to allow the State of Wyoming to cap- transfer those lands to keep them out a portion of the land from the Jackson ture fair market value for the benefit of other development within the bound- Hole National Monument. of all Wyoming school children. I re- aries of the national park to make sure The park currently encompasses ap- spectfully request that the Members of the park can be consistent in its mis- proximately 310,000 acres of wilderness this body vote in favor of this bill. sion. It is one of the great parks in the and some of the most amazing scenery Mr. Speaker, I reserve the balance of world. It is one of the great ecosystems to be found in any corner of the world. my time. in the world with its diversity and with I would put the Jackson Teton Na- Mrs. CHRISTENSEN. Mr. Speaker, I its habitat that it protects and pro- tional Park area in competition with yield myself such time as I may con- vides for. That possibly is now under any area in the world for its beauty sume. threat from development from what and for its glory to nature. However, (Mrs. CHRISTENSEN asked and was the gentlewoman from Wyoming de- when Wyoming received its statehood given permission to revise and extend scribed as the ultra-, ultra-wealthy in 1890, sections of the land were set her remarks.) who might build homes there. aside for school revenue purposes. All Mrs. CHRISTENSEN. Mr. Speaker, It sounds a little like class warfare. I income from these lands, whether it is with 12 peaks soaring to more than do not think that is what is going on rents, grazing fees, sales, or other 12,000 feet, 17 species of carnivores, here, but since we opened up the sub- sources is placed in a special trust fund more than 100 lakes, the headquarters ject of the classes here in the discus- for the benefit of school students in the of the Columbia River System, and sion of this bill, I want to raise the State. more than 190 inches of annual snow- prospects of those individuals. Because The establishment of these school fall, it would be difficult to find a place not only is this a great national park sections predates the establishment of more beautiful or rugged than the in terms of its environment and eco- most national parks or monuments Grand Teton National Park. Senators systems and its beauty and its impor- within our State’s boundaries, creating THOMAS and ENZI, as well as the gentle- tance in terms of the protections of several State inholdings within Federal woman from Wyoming (Mrs. CUBIN), surrounding areas and watersheds, it is land masses, such as the Grand Teton are justifiably proud of the beauty of also a huge economic engine. Because National Park. Currently, over 1,406 their home State and this national of its beauty, because of its impor- acres in State surface and mineral park. tance, it drives millions of people from acres are held by the State of Wyoming If enacted, S. 273 would help accom- all over the world to come and visit the in isolated plots within the Grand plish one of the National Park Serv- Tetons and come and visit Jackson and Teton National Park. This land owner- ice’s most important goals, that is, to to experience the bounty of this coun- ship situation creates problems not consolidate the ownership patterns try. only for the potential of very wealthy within existing national park units. In To service those people, we have peo- people building a shrine to themselves this case, this legislation would hope- ple working in the service industry. in the middle of the free open space in fully expedite Federal acquisition of They work for the concessionaires and Grand Teton National Park, but it also approximately 1,400 acres of state- the parks; they work for the res- puts the State of Wyoming, in order to owned lands within the park boundary. taurants and the hotels and the tour- meets its educational needs, in a situa- Such an acquisition represents a sig- ism industry. They work as guides for tion where it may be forced to try to nificant portion of the more than 2,400 fishermen, they work as guides for peo- sell the land to private entities so that acres of inholdings within Grand Teton ple who want to hike the Tetons, they that land could be developed into hous- National Park. run climbing schools. At the end of the ing developments or whatever. This Mr. Speaker, we are willing to sup- year, they do not make very much legislation would stop any future at- port this bill once the leadership allows money, but they have families. They tempts to do that. H.R. 2286 to be brought to the floor. have children. And today they get a The legislation would allow the State Mr. Speaker, I reserve the balance of child tax credit if they have children. of Wyoming to trade or sell these pre- my time. They file it like everyone else. And in cious State lands locked up inside the Mrs. CUBIN. Mr. Speaker, I continue the tax bill 2 weeks ago, we increased park to the Federal Government in ex- to reserve the balance of my time. that tax credit for Americans, families change for other Federal lands, min- Mrs. CHRISTENSEN. Mr. Speaker, I with children, an additional $400. erals, or appropriated dollars, or a yield such time as he may consume to POINT OF ORDER combination of all three, to address the gentleman from California (Mr. Mrs. CUBIN. Mr. Speaker, I make the Wyoming’s public school needs. Fur- GEORGE MILLER). point of order that the gentleman is fo- ther, the American public can consoli- Mr. GEORGE MILLER of California. cusing on the merits of other legisla- date under the National Park Service Mr. Speaker, I thank the gentlewoman tion that is not in front of us today. management the lands within the for yielding me this time. Mr. GEORGE MILLER of California. Grand Teton National Park’s borders This is an important bill. These lands The gentleman from California would and protect them from future develop- that were given to the State of Wyo- say to the Chair that I am focusing on ment pressures placed upon the State ming by the Federal Government were the employees of the Grand Teton Na- for the benefit of our school children. for the purposes of educating their tional Park, which is the subject mat- This is a win-win scenario for every- children. It was an effort by the Fed- ter of this legislation. And the reason one involved. Within 90 days after this eral Government to try to put re- these lands are being given is to try to bill is signed into law, the land would sources into their hands so that the re- maintain the integrity of that park be valued through agreement by the sources would be there for the State to which provides so many economic ben- Wyoming Governor and the Secretary provide for that education. That is efits to the State of Wyoming and to of the Interior. If there is no agree- what we do with the child tax credit; our country through international ment, an appraisal process will be set we try to put resources into the hands tourism. And the welfare of those up to determine the value of the lands of parents so that they will have the workers ought to be of as much con- or minerals in question to ensure fair- money to provide for the health and cern to us as the integrity of the land ness to all parties. There will also be welfare of their children and for the ex- base.

VerDate Jan 31 2003 01:18 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.031 H03PT1 H4806 CONGRESSIONAL RECORD — HOUSE June 3, 2003 The SPEAKER pro tempore. The gen- Park and the State land transfer and BIRCH BAYH FEDERAL BUILDING tleman will suspend. the employees of the park, I think on a AND UNITED STATES COURT- The Chair will remind all Members ratio of about 12 to 1 to the tax credit, HOUSE and the gentleman being recognized which those employees will be denied, Mr. LATOURETTE. Mr. Speaker, I that it is essential that he maintain a as will some 34,000 other children in move to suspend the rules and pass the constant nexus between the legislation Wyoming who will not be eligible for Senate bill (S. 763) to designate the before the House; and that the remarks the tax credit because of the actions of Federal building and United States of the gentleman should be confined to the Republicans. courthouse located at 46 East Ohio the matter before the House, which re- But my ratio of nexus to this bill far Street in Indianapolis, Indiana, as the lates to the acquisition of 1,406 acres of exceeds my discussion of the tax bill. I ‘‘Birch Bayh Federal Building and property to be added to the Grand have been doing this for many years. United States Courthouse.’’ Teton National Park. And because we do not have an oppor- Mr. GEORGE MILLER of California. The Clerk read as follows: tunity, and we did not have an oppor- S. 763 Granted. If it is required by the Chair, tunity, to discuss a substitute to the I would be glad to put a map down on Be it enacted by the Senate and House of Rep- tax bill, we have to find ourselves in a resentatives of the United States of America in the table and talk about this in terms situation where we have to talk about of the map of the Grand Teton Na- Congress assembled, it on other matters as they are pre- SECTION 1. DESIGNATION OF BIRCH BAYH FED- tional Park. sented to the House, always closely ERAL BUILDING AND UNITED This is about a nexus. This is about keeping the nexus between the matter STATES COURTHOUSE. whether or not people are going to be at hand and the subject matter that is The Federal building and United States able to afford to take those jobs in that far more important to the American courthouse located at 46 East Ohio Street in park that tourism generates, a very, Indianapolis, Indiana, shall be known and people, and especially for those fami- very important part of the western designated as the ‘‘Birch Bayh Federal lies with those 12 million children who economy in this country, a part of our Building and United States Courthouse’’. will not get the tax credits this sum- economy that is in serious trouble. SEC. 2. REFERENCES. There is a story today in the news- mer because Republicans simply de- Any reference in a law, map, regulation, papers, I do not know if it is in The cided that low-income hard-working document, paper, or other record of the New York Times or the L.A. Times, American families were not entitled to United States to the Federal building and it. United States courthouse referred to in sec- that the national parks are suffering; tion 1 shall be deemed to be a reference to that tourism is not only down from 9– b 1300 the Birch Bayh Federal Building and United 11, it was down before 9–11. So what are Mrs. CUBIN. Mr. Speaker, I reserve States Courthouse. the national parks trying to do? What the balance of my time. The SPEAKER pro tempore (Mr. are the concessionaires trying to do? Mrs. CHRISTENSEN. Mr. Speaker, I TERRY). Pursuant to the rule, the gen- What are the people who are on the pe- yield back the balance of my time. tleman from Ohio (Mr. LATOURETTE) rimeter of the park who run the hotels, Mrs. CUBIN. Mr. Speaker, I yield my- and the gentlewoman from Indiana run the lodging systems, the guide sys- self such time as I may consume. (Ms. CARSON) each will control 20 min- tems trying to do? They are trying to Mr. Speaker, I ask all Members who utes. increase service to attract Americans are in favor of this bill to vote in favor The Chair recognizes the gentleman and international visitors back to the of this bill. That is the democratic from Ohio (Mr. LATOURETTE). national parks. But if their employees way; that is the method that we have Mr. LATOURETTE. Mr. Speaker, I cannot sustain themselves with the set up to have government that is de- yield myself such time as I may con- jobs that are offered, then it is not pendable, that we can base our future sume. going to work. Mr. Speaker, S. 763, which is iden- One of the things we do to help these on. tical to H.R. 1082 which was introduced people who are working in these jobs Mr. Speaker, I yield back the balance by the gentlewoman from Indiana (Ms. where the wages are not very good is of my time. CARSON), designates the Federal build- we provide a child tax credit for those The SPEAKER pro tempore (Mr. ing and United States courthouse lo- people who are working and have fami- CULBERSON). The question is on the mo- cated at 46 East Ohio Street, in Indian- lies. But somehow last week the Re- tion offered by the gentlewoman from apolis, Indiana, as the Birch Bayh Fed- publican leadership decided that that Wyoming (Mrs. CUBIN) that the House eral Building and United States Court- tax credit would not go to the employ- suspend the rules and pass the Senate house. ees of the Grand Teton National Park, bill, S. 273. This bill has the bipartisan support the subject matter which we are talk- The question was taken. of the entire Indiana delegation, and I ing about. The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of thank the gentlewoman from Indiana POINT OF ORDER (Ms. CARSON) for agreeing to bring S. Mrs. CUBIN. Mr. Speaker, I would those present have voted in the affirm- 763 to the floor in lieu of her bill, which like to point out that the gentleman is ative. the Committee on Transportation and not speaking to the bill in front of us, Mrs. CUBIN. Mr. Speaker, on that I Infrastructure favorably reported out but referring to the merits of another demand the yeas and nays. bill. But I would also like to say that The yeas and nays were ordered. on May 21, 2003. I would like to have in- he is doing a very good job of it. The SPEAKER pro tempore. Pursu- serted into the RECORD that the gentle- The SPEAKER pro tempore. The ant to clause 8 of rule XX and the woman from Indiana (Ms. CARSON) has Chair sees that the gentleman does ap- Chair’s prior announcement, further been diligent not only in this Congress, preciate the need to maintain a nexus proceedings on this motion will be but in the last Congress, in attempting to the pending legislation. postponed. to achieve passage of this legislation, Mr. GEORGE MILLER of California. f not only in this body, but in the other body; and the Bayh family has a great I am working hard, Mr. Speaker. GENERAL LEAVE The SPEAKER pro tempore. How- champion on their side when it comes ever, the Chair would remind the gen- Mrs. CUBIN. Mr. Speaker, I ask to the gentlewoman. tleman that under the rules the gen- unanimous consent that all Members Senator Bayh was born in Terre tleman may not dwell on the merits of may have 5 legislative days within Haute, Indiana, in 1928 to school teach- other legislation, but must focus and which to revise and extend their re- ers, and it is from them he inherited an direct his remarks to the legislation marks and include extraneous material ethic of public service. Upon gradua- before the House. on S. 273 and S. 222, the two matters tion from high school, Senator Bayh Mr. GEORGE MILLER of California. just debated. volunteered for and served in the I thank the Chair for the admonition, The SPEAKER pro tempore. Is there United States Army from 1946 to 1948. and I take it seriously. objection to the request of the gentle- Upon his return, he attended and grad- I have counted my words and I have woman from Wyoming? uated from the Purdue University talked about the Grand Teton National There was no objection. School of Agriculture at Lafayette in

VerDate Jan 31 2003 02:46 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.033 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4807 1951. This education served him well, found a companion on the other side of very suitable historically to name that since throughout his long career, he al- the aisle. building for such a person who served ways found time to work on and over- S. 763, as my colleague has men- this Nation with distinction. see the family farm, growing corn and tioned, is a companion bill to the bill I Mr. Speaker, I am happy that the soybeans for more than four decades. introduced, H.R. 1082, and it really does Honorable Birch Bayh is alive and well, Senator Bayh’s political career began not matter whose name appears first as and probably watching the presen- in 1954, when, at the age of 26, he was author of this bill; the subject matter tation of this matter. I also thank Sen- elected to serve in the Indiana House of is very noteworthy on behalf of an indi- ator LUGAR, who is the senior Senator Representatives. While serving in that vidual who served this country well, from Indiana, for authoring this bill body, he served as speaker in 1959 and the honorable former U.S. Senator and ushering it through the United as the Democratic floor leader in 1957 Birch Bayh from the State of Indiana. States Senate. and 1961. Despite these responsibilities, The bill, as Members know, des- While I do not agree with them most he also found time to attend and grad- ignates the Federal building of the of the time, we have two Republicans, uate from Indiana University School of United States courthouse in Indianap- the honorable gentleman from Ohio Law in 1960, and was admitted to the olis, Indiana, in my district, as the (Mr. LATOURETTE), and I hope that bar in 1961. Birch Bayh Federal Building and does not impugn his motives, Mr. In 1962, at the age of 34, Senator Bayh United States Courthouse. This is the Speaker, and Senator LUGAR, and I entered the United States Senate second legislation I have authored. The speak about those two gentlemen very where he served three terms from 1963 first one I did was to put my prede- favorably, and I hope that does not vio- until 1981. While in the Senate, he cessor’s name on a Post Office, and now late House rules that I speak about Re- served as chairman of the Senate Se- we are going to put Birch Bayh’s name publicans favorably in this particular lect Committee on Intelligence, work- on the Federal building and United instance. ing with the CIA, the National Secu- States courthouse, and I am pleased to Mr. Speaker, I reserve the balance of rity Agency and the FBI. He also was a sponsor, and it is cosponsored by the my time. Mr. LATOURETTE. Mr. Speaker, I member of the Appropriations Sub- entire Indiana delegation. yield such time as he may consume to committee on Transportation where he As the gentleman from Ohio (Mr. the gentleman from Indiana (Mr. BUR- called for and funded efforts to build LATOURETTE) indicated, the Honorable Birch Bayh was born to two school TON). the District of Columbia’s Metro sub- Mr. BURTON of Indiana. Mr. Speak- teachers in Terre Haute, Indiana, on way system which so many of us enjoy, er, let me just say, I am sure that the July 22, 1928. He began his political ca- and to modernize the Amtrak rail sys- historical accomplishments of Birch reer at the young age of 26 with his tem. Bayh have been covered well by my election to the Indiana House of Rep- Senator Bayh is best known as chair- colleagues. All I want to say is, though resentatives in 1954, and in that body man of the Constitution Subcommittee he is in the other party, he is a heck of he rose to become minority leader in where he authored two amendments to a nice guy. the Constitution, something we will 1957 and then Speaker of the House in You can tell a lot about people by not see any time soon in subsequent 1959. In 1962, he entered the United their children. EVAN BAYH, who is the Congresses, the 25th Amendment on States Senate where he distinguished United States Senator from Indiana Presidential and Vice Presidential suc- himself on the Subcommittee on the and the son of Birch and Marvella cession, and the 26th Amendment Constitution of the Committee of the Bayh, is in the other party, and we which lowered the voting age from 21 Judiciary. have our differences like all people do Now, there is some distinction be- to 18. on a political basis, but EVAN is a real This is a fitting tribute to a dedi- tween Terre Haute, Indiana, and a town credit to the institution of the United cated public servant. I support this leg- called Schererville, Indiana, and appar- States Senate, and I think a lot of that islation and encourage Members to do ently the United States Senator wants is due to his mother and his father. the same. to be known as coming from Terre Birch Bayh and Marvella Bayh did an PARLIAMENTARY INQUIRY Haute instead of Schererville, but outstanding job in raising EVAN, and I Mr. LATOURETTE. Mr. Speaker, I Schererville is immediately contiguous think he is doing a good job in the would like to make a parliamentary in- to Terre Haute so whichever place the United States Senate. quiry of the Chair. gentleman wants him to be born, I am Let me just say that Birch Bayh, who The SPEAKER pro tempore. The gen- sure it is fine with him. But in all fair- was elected to the United States Sen- tleman will state it. ness, there has not been a lawmaker ate, I think, when he was 34 years old, Mr. LATOURETTE. Mr. Speaker, is since the Founding Fathers who has did a good job for the State of Indiana, the Chair aware of any rule of the authored successfully two amendments and his wife Marvella was a real leader House which would provide a nexus be- to the United States Constitution. in Indiana as well. tween this legislation and the tax bill Senator Bayh was the principal ar- One of the things that I most appre- except for the fact that Birch Bayh at chitect of title IX, the provision of law ciate about Birch Bayh was a personal one time was a child? which helped give access to athletic attachment that I received from him The SPEAKER pro tempore. The achievement for many of our daugh- when my wife was suffering from Chair will have to listen to the debate ters. In his 18 years in the United breast cancer. His wife, Marvella, died before making a determination. States Senate, he distinguished himself of cancer, as my wife did, and he Mr. LATOURETTE. Mr. Speaker, I by ushering successfully through the showed a great deal of concern for me reserve the balance of my time. amendment to the Constitution which and my family while we were going Ms. CARSON of Indiana. Mr. Speak- provides for the succession of the through that tragedy. And anybody er, I yield myself such time as I may President which was the 25th amend- like that, I think, deserves accolades consume. ment to the Constitution, and he also from people regardless of their party Mr. Speaker, as I rise to speak in successfully authored and ushered affiliation. favor of S. 763, I would like to pay re- through the 26th amendment to the Senator Bayh is a fine human being, spect to my colleague who also hails Constitution which lowered the voting and he was a fine United States Sen- from the Midwest, the honorable gen- age from 21 years to 18 years of age, ator. His wife Marvella was a credit to tleman from Ohio (Mr. LATOURETTE). which was ratified in 1971. the State of Indiana, and their son There were several occasions where he The Federal courthouse in Indianap- EVAN is doing a fine job in the United felt he was being stalked to move this olis was called the ‘‘Old Post Office,’’ States Senate and is a credit to both legislation forward, and I am very but now it rises to a magnificent build- his mother and father. And I want to happy that he remained a gentleman ing of importance, and that is where add my two cents to the applause for and a genteel man in terms of allowing our Federal courthouse is located. It Birch Bayh, and I think it is a fine and us to get this out. He indicated he had will now enjoy the name of a very hon- fitting thing that we are doing here to have a companion from the other orable, incredible, dynamic public serv- today by naming the Federal building side of the aisle, and I presume he ant, the Honorable Birch Bayh. It is after him.

VerDate Jan 31 2003 04:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\K03JN7.039 H03PT1 H4808 CONGRESSIONAL RECORD — HOUSE June 3, 2003 Born in Terre Haute in 1928, it seemed that flation together. Only a totally insensitive Our recovery is much too fragile to absorb Birch Bayh was destined for success. He re- Republican Administration could have toler- the shock of default—to say nothing of the ceived an undergraduate degree in Agriculture ated both. disastrous consequences of the increased cost Despite some evidence that the current re- of borrowing for every state and local juris- with distinction from Purdue University, and di- cession has hit bottom, the American econ- diction in the nation. vided his time after graduating between farm- omy is still a long way from recovery. Eco- Proposing an anti-recessionary revenue ing and politics. nomic recovery will not come naturally. sharing program that is triggered on and off In 1955, Birch Bayh became a member of Economic recovery cannot be sustained by by the unemployment rate. We need to tem- the Indiana General Assembly, and in 1957, doing nothing. Only positive government ac- porarily compensate state and local govern- he enrolled in law school. While still a law stu- tion now can produce and sustain an eco- ments for the increased costs of welfare and dent, he was elected Speaker of the Indian nomic recovery broad enough to put America for the fall off in revenues that both result from a failure of national economic policy. House. back to work. That is the number one pri- Senator Bayh was a skilled politician and ority for a President today . . . and tomor- INFLATION ... row . . . excellent student. He received the prestigious Despite a major recession, inflation is still With unemployment at 8.6 percent and a serious problem? Why? Because of: Edwards Scholarship, which is awarded for American industry operating at two thirds of A failure in energy policy; merit and he graduated with distinction in capacity, the President’s concern that too A failure in food policy; and 1960. However, as we all know, the story strong a recovery will reignite an infla- The monopoly market power of a few doesn’t end there! tionary spiral is misplaced. We need a Presi- firms. In 1962, at the age of 34, he was elected dent who is less concerned that too many Energy—Oil and gas prices must be regu- jobs will cause inflation, and more concerned lated. As long as OPEC maintains its soli- to the U.S. Senate and Senator Bayh went on darity and the major domestic oil companies to serve three terms. that too few jobs will cause human suffering. Nearly 8 million Americans are still unem- are permitted to follow their non-competi- As ranking member of the Senate Judiciary ployed, while millions more are either under- tive practices, there will be no free market Committee, Senator Bayh was considered one employed or have given up looking for em- in energy. Decontrol of oil and deregulation of the Senate’s foremost experts in constitu- ployment. We are losing $200 billion a year in of natural gas prices will force all prices up- tional law. As Chairman of the Subcommittee our gross national product—that’s more than ward, increasing the Consumer Price Index on the Constitution, he wrote and sponsored $3,000 for each American family and yet in- by four percent. That is clearly inflationary. Food—Food prices are subject to wide fluc- flation continues because Republican eco- two amendments to the Constitution: the twen- tuations in world demand, and weather con- nomics is blind to the cost of oil monopolies ty-fifth amendment (for Presidential succession ditions that affect production. We can’t con- and grain deals. in case of death or disability) and the twenty- trol world demand nor the weather, but we Unemployment cannot cure our current in- can insulate food prices from these forces by sixth amendment (lowering the voting age to flation—not only is it morally wrong, it is establishing a strategic grain reserve to 18). bad economics. Inflation is a serious prob- achieve a better balance between supply and From 1977 to 1980, Senator Bayh was lem, but the record of the last 5 years is demand. A strategic reserve would have to Chairman of the Senate Select Committee on clear—increasing unemployment does not re- include safeguards against dumping for po- Intelligence. During his tenure as Chairman, duce the monopolistic price of energy; in- litical ends—but properly administered it he helped strengthen intelligence gathering creasing unemployment does not drive down could mean adequate supplies with price sta- while protecting American citizens from the price of food. It only adds to the welfare bility and that is in the long-term interests abuses of their rights. rolls and increases unemployment insurance of family farmers and consumers alike. Senator Bayh also served on the Senate costs. Monopoly Pricing—When 20 oil companies Public Works Subcommittee on the Environ- JOBS ... control more than 75 percent of all oil pro- ment for 10 years. I believe that putting Americans back to duction, refining and marketing in the U.S., work is the single most important task fac- and more than 90 percent of the oil pipeline In 1976, Senator Bayh entered the race for capacity, it is clear they have the ability to President of the United States. I have an Inter- ing the President. A President committed to putting Americans back to work can do just set prices without regard to competition or net copy of a Birch Bayh for President 1976 that by: market forces. And that is exactly what the Campaign Brochure. ‘‘Senator Birch Bayh— Proposing a major tax cut for low and mid- oil companies are doing. Instead of letting The Democratic candidate for President with a dle income families. We need to restore con- the oil and other monopolistic forces repeal plan for economic recovery . . .’’ All one has sumer confidence and stimulate consumer the law of supply and demand, we must take to do is change the date and name and it spending. That is the surest way to expand decisive action. That is why I have intro- could be used for the 2004 elections. production and provide jobs. We need a tax duced and held hearings on legislation to cut plain and simple, without any political break up the major domestic oil companies. Senator Bayh’s distinguished career goes We have a serious problem. We need a firm beyond the Beltway. He was the founding gimmicks about budget-cutting. The Presi- dent’s proposal to balance a tax cut with a response. partner in the Washington DC law firm of budget cut is unacceptable economic policy. Our economy is at a crucial turning point. Bayh, Connaughton & Malone. He also served It will not produce and sustain economic re- The problems of skyrocketing energy and as the chairman of the Institute Against Preju- covery. food costs and the inability of the free mar- dice and Violence from 1984 to 1994. Pressuring the Federal Reserve to expand ket to function effectively have led me to Senator Bayh is currently working for the the money supply substantially and hold in- conclude that recent policy failures are the terest rates down. We can’t afford to have result of an outdated view of the American Washington, DC law firm of Venable, Baetjer, economy. Therefore, I am proposing the es- the Federal Reserve working against an ex- Howard & Civilette as a member of the Gov- tablishment of a Temporary National Eco- pansionary fiscal policy. A restrictive mone- ernment Division’s Legislative. nomic Committee—similar to the Committee tary policy and higher interest rates will established by President Roosevelt in 1938— Also, Senator Bayh was appointed to the J. short-circuit economic recovery before it is to publicly investigate the concentration of William Fulbright Foreign Scholarship Board even underway. In order to avoid repeating by former President Clinton on July 20, 1995 economic power in America today. the mistakes of monetary policy, we need to If economic power is too heavily con- and was reappointed in 1997 and 2000 for a curb the independence of the Federal Re- centrated in the hands of a few, then we need term expiring September 22, 2003. serve. That requires a Federal Reserve Board stronger anti-trust action. I want the free Senator Bayh’s accomplishments are a responsive to the public interest—shorter enterprise system to work. terms for members and publicly arrived at source of pride for my home state of Indiana. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE I wish him congratulations on this designation. targets for monetary expansion are necessary ingredients in reforming the Fed. The SPEAKER pro tempore. The [From a Birch Bayh for President 1976 Proposing a public service jobs program. Chair reminds Members that remarks Campaign Brochure] We can find useful employment for the inno- in debate may not characterize a sit- SENATOR BIRCH BAYH—THE DEMOCRATIC CAN- cent victims of Republican engineered reces- ting Senator even on favorable terms. DIDATE FOR PRESIDENT WITH A PLAN FOR sions. For example, I was successful in ob- Ms. CARSON of Indiana. Mr. Speak- ECONOMIC RECOVERY ... taining funds for a railroad track rehabilita- er, I thank the gentleman from Indiana ‘‘We need a President who is less concerned tion program that will put thousands of un- (Mr. BURTON) for those kind remarks, that too many jobs will cause inflation, and employed railroad workers back on the job— and I know the Chair would not admon- a job that needs to be done. more concerned that too few jobs will cause ish him as much as it would me. human suffering.’’ Preventing a New York City default by de- Two Republican Administrations following veloping a national guarantee program that Mr. Speaker, I yield back the balance a deliberate policy of planned unemploy- will enable state governments to assist their of my time. ment, have led us through two recessions hard pressed cities. We will never have eco- Mr. LATOURETTE. Mr. Speaker, I and record inflation. Only a genius for inep- nomic recovery if New York City defaults yield myself such time as I may con- titude could have produced recession and in- and the municipal bond market collapses. sume.

VerDate Jan 31 2003 01:53 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.010 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4809 Mr. Speaker, I simply want to say, I on S. 763, the matter just considered by Kingston Ose Shaw Kirk Otter Shays will not choose to characterize a sit- the House. Kline Oxley Sherwood ting Member of the United States Sen- The SPEAKER pro tempore. Is there Knollenberg Pastor Shimkus ate favorably or unfavorably. I would objection to the request of the gen- Kolbe Pearce Shuster note historically that Senator BAYH tleman from Ohio? Kucinich Pence Simmons LaHood Peterson (PA) Simpson did vote in favor of the tax package There was no objection. Latham Petri Smith (MI) which has been discussed here today. f LaTourette Pickering Smith (TX) Mr. VISCLOSKY. Mr. Speaker, I first got to Leach Pitts Souder ANNOUNCEMENT BY THE SPEAKER Lewis (CA) Platts Stearns know Senator Birch Bayh through my father, Lewis (KY) Pombo Sullivan John Visclosky, the former Mayor of Gary, In- PRO TEMPORE Linder Porter Sweeney diana, following his election to the United The SPEAKER pro tempore. Pursu- LoBiondo Portman Tancredo States Senate in 1962. My father has always Lucas (OK) Pryce (OH) Tauzin ant to clause 8 of rule XX, proceedings Manzullo Putnam Taylor (NC) had a deep respect and strong feelings to- will resume on motions to suspend the Matheson Quinn Terry wards Senator Bayh. rules previously postponed. Votes will McCotter Radanovich Thomas As a Member of Congress, I have always McCrery Ramstad Thornberry be taken in the following order: McHugh Regula Tiahrt considered Senator Birch Bayh a friend and a S. 222, by the yeas and nays; McInnis Rehberg Tiberi mentor. As a citizen, I am grateful that he S. 273, by the yeas and nays; McKeon Renzi Toomey chose a life of public service, paying constant S. 763, by the yeas and nays. Mica Reynolds Turner (OH) attention to the needs of working people and Miller (MI) Rogers (AL) Udall (NM) Proceedings on H. Res. 231, debated Miller, Gary Rogers (KY) Upton those who were not given a fair chance in life. yesterday, will resume at a later time. Moran (KS) Rogers (MI) Vitter Senator Bayh fought hard for those who want- The first electronic vote will be con- Murphy Rohrabacher Walden (OR) ed an honest days work at a living wage in Musgrave Ros-Lehtinen Walsh ducted as a 15-minute vote. Remaining Myrick Royce Weldon (FL) order to support their families. For instance, electronic votes will be conducted as 5- Nethercutt Ryun (KS) Weller he fought hard and was successful in obtain- minute votes. Ney Saxton Whitfield ing crucial funding for a railroad track rehabili- Northup Schrock Wicker tation program that put thousands of unem- f Norwood Scott (GA) Wilson (NM) Nunes Sensenbrenner Wolf ployed workers back on the job. ZUNI INDIAN TRIBE WATER Nussle Sessions Young (AK) While I am proud that we are naming a fed- RIGHTS SETTLEMENT ACT OF 2003 Osborne Shadegg Young (FL) eral building after Senator Bayh today, we will forever be served by him through the two The SPEAKER pro tempore. The NAYS—188 changes he authored to the Constitution. I pending business is the question of sus- Abercrombie Gordon Mollohan have always believed that the Constitution is pending the rules and passing the Sen- Ackerman Green (TX) Moore ate bill, S. 222. Alexander Gutierrez Moran (VA) one of the two greatest documents ever writ- Allen Hall Murtha ten by man. To think of Birch Bayh improving The Clerk read the title of the Senate Andrews Harman Nadler it not once but twice is not only breathtaking, bill. Baird Hastings (FL) Napolitano but expected from such a unique person. The The SPEAKER pro tempore. The Baldwin Hill Neal (MA) question is on the motion offered by Ballance Hinchey Oberstar structure of the Constitution had not been so Becerra Hinojosa Obey impacted by a single lawmaker since its cre- the gentleman from Arizona (Mr. Bell Hoeffel Olver ation by the founding fathers. RENZI) that the House suspend the Berkley Holden Owens rules and pass the Senate bill, S. 222, Berman Holt Pallone Senator Bayh is a person who developed Berry Honda Pascrell the talents that God gave him to serve others on which the yeas and nays are or- Bishop (GA) Hooley (OR) Paul and a person of deep compassion and caring. dered. Bishop (NY) Hoyer Payne A person who never lost his perspective, is The vote was taken by electronic de- Blumenauer Inslee Pelosi vice, and there were—yeas 224, nays Boucher Israel Peterson (MN) fun to be with, and who can always make you Boyd Jackson (IL) Pomeroy laugh. My father would describe Senator Bayh 188, not voting 21, as follows: Brady (PA) Jackson-Lee Price (NC) as a ‘‘100 percent guy.’’ I would too, and I [Roll No. 230] Brown (OH) (TX) Rahall Brown, Corrine Jefferson Rangel congratulate him on this great honor. YEAS—224 Capps John Rodriguez Mr. LATOURETTE. Mr. Speaker, I Aderholt Capuano Gilchrest Cardin Johnson, E. B. Ross yield back the balance of my time. Akin Carter Gillmor Cardoza Jones (OH) Rothman Baca Castle Gingrey Carson (IN) Kanjorski Roybal-Allard b 1315 Bachus Chabot Goode Carson (OK) Kaptur Ruppersberger Baker Chocola Goodlatte Case Kennedy (RI) Rush The SPEAKER pro tempore (Mr. Ballenger Cole Goss Clay Kilpatrick Ryan (OH) TERRY). The question is on the motion Barrett (SC) Collins Granger Coble Kind Sabo offered by the gentleman from Ohio Bartlett (MD) Cox Graves Cooper Kleczka Sanchez, Linda Barton (TX) Crane Green (WI) Costello Lampson T. (Mr. LATOURETTE) that the House sus- Bass Crenshaw Greenwood Cramer Langevin Sanchez, Loretta pend the rules and pass the Senate bill, Beauprez Cubin Grijalva Crowley Lantos Sanders S. 763. Bereuter Culberson Gutknecht Cummings Larsen (WA) Sandlin The question was taken. Biggert Cunningham Harris Davis (AL) Lee Schakowsky Bilirakis Davis, Jo Ann Hart Davis (CA) Levin Schiff The SPEAKER pro tempore. In the Bishop (UT) Davis, Tom Hastings (WA) Davis (FL) Lewis (GA) Scott (VA) opinion of the Chair, two-thirds of Blackburn Deal (GA) Hayes Davis (IL) Lipinski Serrano those present have voted in the affirm- Blunt DeLay Hayworth DeFazio Lofgren Sherman Boehlert DeMint Hefley DeGette Lowey Skelton ative. Boehner Diaz-Balart, L. Hensarling Delahunt Lucas (KY) Slaughter Mr. LATOURETTE. Mr. Speaker, on Bonilla Diaz-Balart, M. Hobson DeLauro Lynch Snyder that I demand the yeas and nays. Bonner Doolittle Hostettler Deutsch Maloney Solis The yeas and nays were ordered. Bono Dreier Houghton Dicks Markey Spratt Boozman Dunn Hulshof Dingell Marshall Stark The SPEAKER pro tempore. Pursu- Boswell Ehlers Hunter Doggett Matsui Stenholm ant to clause 8 of rule XX and the Bradley (NH) Emerson Hyde Dooley (CA) McCarthy (MO) Strickland Chair’s prior announcement, further Brady (TX) English Isakson Doyle McCarthy (NY) Stupak Brown (SC) Everett Issa Duncan McCollum Tanner proceedings on this motion will be Brown-Waite, Feeney Janklow Edwards McDermott Tauscher postponed. Ginny Ferguson Jenkins Emanuel McGovern Taylor (MS) f Burgess Flake Johnson (CT) Eshoo McIntyre Thompson (CA) Burns Fletcher Johnson (IL) Etheridge Meehan Thompson (MS) GENERAL LEAVE Burr Foley Johnson, Sam Evans Meek (FL) Tierney Burton (IN) Forbes Jones (NC) Farr Meeks (NY) Towns Mr. LATOURETTE. Mr. Speaker, I Buyer Franks (AZ) Keller Fattah Menendez Turner (TX) ask unanimous consent that all Mem- Calvert Frelinghuysen Kelly Filner Michaud Udall (CO) bers may have 5 legislative days in Camp Gallegly Kennedy (MN) Ford Millender- Van Hollen Cannon Garrett (NJ) Kildee Frank (MA) McDonald Velazquez which to revise and extend their re- Cantor Gerlach King (IA) Frost Miller (NC) Visclosky marks and include extraneous material Capito Gibbons King (NY) Gonzalez Miller, George Wamp

VerDate Jan 31 2003 01:53 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.043 H03PT1 H4810 CONGRESSIONAL RECORD — HOUSE June 3, 2003 Waters Waxman Wu Harris McHugh Ryun (KS) Ryan (OH) Snyder Turner (TX) Watson Weiner Wynn Hart McInnis Saxton Sabo Solis Udall (CO) Watt Woolsey Hastings (WA) McKeon Schrock Sanchez, Linda Spratt Udall (NM) Hayes Mica Scott (GA) T. Stark Van Hollen NOT VOTING—21 Hayworth Miller (MI) Sensenbrenner Sanchez, Loretta Stenholm Velazquez Clyburn Hoekstra Reyes Hefley Miller, Gary Sessions Sanders Strickland Visclosky Conyers Istook Ryan (WI) Hensarling Moran (KS) Shadegg Sandlin Stupak Waters Davis (TN) Larson (CT) Smith (NJ) Hobson Murphy Shaw Schakowsky Tanner Watson Engel Majette Smith (WA) Hostettler Myrick Shays Schiff Tauscher Watt Fossella McNulty Weldon (PA) Houghton Nethercutt Sherwood Scott (VA) Taylor (MS) Waxman Gephardt Miller (FL) Wexler Hulshof Ney Shimkus Serrano Thompson (CA) Weiner Herger Ortiz Wilson (SC) Hunter Northup Shuster Sherman Thompson (MS) Woolsey Hyde Norwood Simmons Skelton Tierney Wu ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Isakson Nunes Simpson Slaughter Towns Wynn The SPEAKER pro tempore (Mr. Issa Nussle Smith (MI) Janklow Osborne NOT VOTING—18 TERRY) (during the vote). There are 2 Smith (TX) Jenkins Ose Souder Clyburn Istook Ryan (WI) minutes left to vote. Johnson (IL) Otter Stearns Conyers Larson (CT) Smith (NJ) Johnson, Sam Oxley Sullivan Engel McNulty Smith (WA) 1337 Jones (NC) Pearce b Sweeney Gephardt Miller (FL) Weldon (PA) Keller Pence Herger Ortiz Wexler Tancredo Mr. TURNER of Texas, Mr. JEFFER- Kelly Peterson (PA) Hoekstra Reyes Wilson (SC) Tauzin SON, and Ms. ROYBAL-ALLARD Kennedy (MN) Petri Taylor (NC) changed their vote from ‘‘yea’’ to King (IA) Pickering ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE King (NY) Pitts Terry ‘‘nay.’’ Thomas The SPEAKER pro tempore (during Kingston Platts the vote). There are 2 minutes left in Messrs. PASTOR, BACA, and Kirk Pombo Thornberry CAPUANO changed their vote from Kline Porter Tiahrt this vote. Tiberi ‘‘nay’’ to ‘‘yea.’’ Knollenberg Portman Kolbe Pryce (OH) Toomey b 1345 So (two-thirds not having voted in Turner (OH) Kucinich Putnam Mr. RANGEL and Mr. DAVIS of Ten- favor thereof) the motion was rejected. LaHood Quinn Upton The result of the vote was announced Latham Radanovich Vitter nessee changed their vote from ‘‘yea’’ Walden (OR) as above recorded. LaTourette Ramstad to ‘‘nay.’’ Leach Regula Walsh So (two-thirds not having voted in Stated against: Lewis (CA) Rehberg Wamp Ms. MAJETTE. Mr. Speaker, on rollcall No. Lewis (KY) Renzi Weldon (FL) favor thereof) the motion was rejected. 230, had I been present, I would have voted Linder Reynolds Weller The result of the vote was announced LoBiondo Rogers (AL) Whitfield as above recorded. ‘‘nay.’’ Lucas (OK) Rogers (KY) Wicker Manzullo Rogers (MI) Wilson (NM) f f Matheson Rohrabacher Wolf McCotter Ros-Lehtinen Young (AK) BIRCH BAYH FEDERAL BUILDING GRAND TETON NATIONAL PARK McCrery Royce Young (FL) AND UNITED STATES COURT- LAND EXCHANGE ACT HOUSE NAYS—198 The SPEAKER pro tempore. The The SPEAKER pro tempore. The pending business is the question of sus- Abercrombie Emanuel Lofgren Ackerman Eshoo Lowey pending business is the question of suspending the rules and passing the Sen- Alexander Etheridge Lucas (KY) pending the rules and passing the Sen- ate bill, S. 273. Allen Evans Lynch ate bill, S. 763. The Clerk read the title of the Senate Andrews Farr Majette Baca Fattah Maloney The Clerk read the title of the Senate bill. Baird Filner Markey bill. The SPEAKER pro tempore. The Baldwin Flake Marshall The SPEAKER pro tempore. The question is on the motion offered by Ballance Ford Matsui question is on the motion offered by the gentlewoman from Wyoming (Mrs. Becerra Frank (MA) McCarthy (MO) Bell Frost McCarthy (NY) the gentleman from Ohio (Mr. CUBIN) that the House suspend the Berkley Gonzalez McCollum LATOURETTE) that the House suspend rules and pass the Senate bill, S. 273, Berman Gordon McDermott the rules and pass the Senate bill, S. on which the yeas and nays are or- Berry Green (TX) McGovern Bishop (GA) Grijalva McIntyre 763, on which the yeas and nays are ordered. Bishop (NY) Gutierrez Meehan dered. This will be a 5-minute vote. Blumenauer Hall Meek (FL) This will be a 5-minute vote. The vote was taken by electronic de- Boucher Harman Meeks (NY) The vote was taken by electronic de- vice, and there were—yeas 217, nays Boyd Hastings (FL) Menendez Brady (PA) Hill Michaud vice, and there were—yeas 235, nays 198, not voting 18, as follows: Brown (OH) Hinchey Millender- 179, not voting 19, as follows: [Roll No. 231] Brown, Corrine Hinojosa McDonald Capps Hoeffel Miller (NC) [Roll No. 232] YEAS—217 Capuano Holden Miller, George YEAS—235 Aderholt Burns Cardin Dreier Holt Mollohan Ackerman Buyer Deutsch Akin Burr Cardoza Dunn Honda Moore Aderholt Capito Dicks Bachus Burton (IN) Carson (IN) Ehlers Hooley (OR) Moran (VA) Alexander Capps Dingell Baker Buyer Carson (OK) Emerson Hoyer Murtha Allen Capuano Doggett Ballenger Calvert Case English Inslee Musgrave Andrews Cardin Dooley (CA) Barrett (SC) Camp Clay Everett Israel Nadler Baca Cardoza Doyle Bartlett (MD) Cannon Coble Feeney Jackson (IL) Napolitano Baird Carson (IN) Dreier Barton (TX) Cantor Cooper Ferguson Jackson-Lee Neal (MA) Baker Carson (OK) Edwards Bass Capito Costello Fletcher (TX) Oberstar Baldwin Case Emanuel Beauprez Carter Cramer Foley Jefferson Obey Ballance Castle Emerson Bereuter Castle Crowley Forbes John Olver Becerra Chocola Eshoo Biggert Chabot Cummings Fossella Johnson (CT) Owens Bell Clay Etheridge Bilirakis Chocola Davis (AL) Franks (AZ) Johnson, E. B. Pallone Bereuter Cooper Evans Bishop (UT) Cole Davis (CA) Frelinghuysen Jones (OH) Pascrell Berkley Costello Farr Blackburn Collins Davis (FL) Gallegly Kanjorski Pastor Berman Cox Fattah Blunt Cox Davis (IL) Garrett (NJ) Kaptur Paul Berry Cramer Filner Boehlert Crane Davis (TN) Gerlach Kennedy (RI) Payne Bilirakis Crowley Flake Boehner Crenshaw DeFazio Gibbons Kildee Pelosi Bishop (GA) Cummings Fletcher Bonilla Cubin DeGette Gilchrest Kilpatrick Peterson (MN) Bishop (NY) Davis (AL) Ford Bonner Culberson Delahunt Gillmor Kind Pomeroy Blumenauer Davis (CA) Fossella Bono Cunningham DeLauro Gingrey Kleczka Price (NC) Boswell Davis (FL) Frank (MA) Boozman Davis, Jo Ann Deutsch Goode Lampson Rahall Boyd Davis (IL) Frelinghuysen Boswell Davis, Tom Dicks Goodlatte Langevin Rangel Brady (PA) Davis (TN) Frost Bradley (NH) Deal (GA) Dingell Goss Lantos Rodriguez Brady (TX) Davis, Tom Gillmor Brady (TX) DeLay Doggett Granger Larsen (WA) Ross Brown (OH) DeFazio Gonzalez Brown (SC) DeMint Dooley (CA) Graves Lee Rothman Brown, Corrine DeGette Gordon Brown-Waite, Diaz-Balart, L. Doyle Green (WI) Levin Roybal-Allard Burr Delahunt Goss Ginny Diaz-Balart, M. Duncan Greenwood Lewis (GA) Ruppersberger Burton (IN) DeLauro Green (TX) Burgess Doolittle Gutknecht Edwards Lipinski Rush

VerDate Jan 31 2003 04:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.003 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4811 Greenwood Majette Roybal-Allard Renzi Shimkus Tiahrt by the conferees and the House Repub- Grijalva Maloney Ruppersberger Rogers (AL) Shuster Tiberi licans and Democrats would like to Hall Markey Rush Rogers (KY) Simmons Toomey Harman Marshall Ryan (OH) Rogers (MI) Smith (MI) Turner (OH) correct this error, what would the Hastings (FL) Matheson Sabo Ros-Lehtinen Smith (NJ) Upton Chair recommend that we do, since we Hill Matsui Sanchez, Linda Royce Smith (TX) Vitter want to avoid the accusation that this Ryun (KS) Stearns Walden (OR) Hinchey McCarthy (MO) T. is class warfare, when the working poor Hinojosa McCarthy (NY) Sanchez, Loretta Saxton Sullivan Walsh Hoeffel McCollum Sanders Schrock Sweeney Weldon (FL) have been excised from the bill? Holden McDermott Sandlin Sensenbrenner Tancredo Weller The SPEAKER pro tempore. The Holt McGovern Schakowsky Sessions Tauzin Whitfield Members who propound unanimous Honda McIntyre Schiff Shadegg Taylor (NC) Wicker Shaw Terry Wilson (NM) consent requests are also guided by Hooley (OR) Meek (FL) Scott (GA) Hostettler Meeks (NY) Shays Thomas Young (AK) Scott (VA) page 712 of the House Rules Manual. Hoyer Menendez Sherwood Thornberry Young (FL) Serrano Therefore, the Chair is constrained not Inslee Mica Sherman Israel Michaud NOT VOTING—19 to entertain the gentleman’s request Simpson Jackson (IL) Millender- Clyburn Istook Ryan (WI) until it has been cleared by the bipar- Skelton Jackson-Lee McDonald Conyers Jenkins Smith (WA) tisan floor and committee leaderships. Slaughter (TX) Miller (NC) Engel Larson (CT) Weldon (PA) Snyder Mr. RANGEL. Further parliamentary Jefferson Miller, George Gephardt McNulty Wexler Solis inquiry, Mr. Speaker. John Mollohan Gutierrez Miller (FL) Wilson (SC) Johnson (IL) Moore Souder Herger Ortiz The SPEAKER pro tempore. The gen- Johnson, E. B. Moran (VA) Spratt Hoekstra Reyes tleman may state his inquiry. Jones (NC) Nadler Stark Jones (OH) Napolitano Stenholm ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. RANGEL. Could the Speaker tell Kanjorski Neal (MA) Strickland The SPEAKER pro tempore (Mr. me when the majority expects to bring Kaptur Oberstar Stupak TERRY) (during the vote). There are 2 additional Suspension Calendar re- Kennedy (RI) Obey Tanner quests to the floor? Kildee Olver Tauscher minutes remaining in this vote. Kilpatrick Owens Taylor (MS) The SPEAKER pro tempore. That as Kind Pallone Thompson (CA) b 1353 a matter of discretion is not a proper Kleczka Pascrell Thompson (MS) Mr. ABERCROMBIE changed his vote parliamentary inquiry. Kucinich Pastor Tierney from ‘‘yea’’ to ‘‘nay.’’ Mr. RANGEL. I thank the Chair. LaHood Paul Towns Lampson Payne Turner (TX) Messrs. CUMMINGS, f Langevin Pelosi Udall (CO) RUPPERSBERGER, and RUSH Lantos Pence ANNOUNCEMENT REGARDING PRO- Udall (NM) Larsen (WA) Petri changed their vote from ‘‘nay’’ to Van Hollen CEDURES FOR FILING OF LaTourette Pickering ‘‘yea.’’ Velazquez AMENDMENTS ON H.R. 2143, UN- Leach Pitts Visclosky So (two-thirds not having voted in LAWFUL INTERNET GAMBLING Lee Platts favor thereof) the motion was rejected. Levin Pomeroy Wamp FUNDING PROHIBITION ACT Lewis (GA) Price (NC) Waters The result of the vote was announced Lewis (KY) Rahall Watson as above recorded. (Mr. LINDER asked and was given Linder Ramstad Watt permission to address the House for 1 Lipinski Rangel Waxman f minute and to revise and extend his re- LoBiondo Reynolds Weiner marks.) Lofgren Rodriguez Wolf PERSONAL EXPLANATION Mr. LINDER. Mr. Speaker, the Com- Lowey Rohrabacher Woolsey Mr. ORTIZ. Mr. Speaker, I was unavoidably Lucas (KY) Ross Wu mittee on Rules may meet this week to detained due to official business as a member Lynch Rothman Wynn grant a rule which could limit the of an official Congressional delegation trav- amendment process for floor consider- NAYS—179 eling to North Korea and was not present for ation of H.R. 2143, the Unlawful Inter- the following rollcall votes. Had I been Abercrombie Diaz-Balart, M. King (NY) net Gambling Funding Prohibition Act. Akin Doolittle Kingston present, I would have voted as indicated The Committee on Financial Serv- Bachus Duncan Kirk below. Ballenger Dunn Kline ices ordered the bill reported without Rollcall No. 230—‘‘nay’’; rollcall No. 231— Barrett (SC) Ehlers Knollenberg amendment on May 20, 2003, and filed Bartlett (MD) English Kolbe ‘‘nay’’; rollcall No. 232—‘‘yea’’. Barton (TX) Everett Latham its report with the House on June 2, Bass Feeney Lewis (CA) f 2003. Any Member wishing to offer an Beauprez Ferguson Lucas (OK) REQUEST FOR PERMISSION TO amendment should submit 55 copies of Biggert Foley Manzullo the amendment and one copy of a brief Bishop (UT) Forbes McCotter CONSIDER IN THE HOUSE H.R. Blackburn Franks (AZ) McCrery 2286, EXPANDING CHILD TAX explanation of the amendment to the Blunt Gallegly McHugh CREDIT AND MARRIAGE PEN- Committee on Rules in room H312 of Boehlert Garrett (NJ) McInnis ALTY RELIEF ACT the Capitol by 3 p.m. on Wednesday, Boehner Gerlach McKeon June 4. Bonilla Gibbons Meehan Mr. RANGEL. Mr. Speaker, I ask Bonner Gilchrest Miller (MI) Members should draft their amend- Bono Gingrey Miller, Gary unanimous consent that the House con- ments to the text of the bill as intro- Boozman Goode Moran (KS) sider H.R. 2286, a bill to expand the duced on May 19, 2003. Members should Boucher Goodlatte Murphy child tax credit and marriage penalty use the Office of Legislative Counsel to Bradley (NH) Granger Murtha relief for families that were left out of Brown (SC) Graves Musgrave ensure that their amendments are Brown-Waite, Green (WI) Myrick the recently signed White House-sup- drafted in the most appropriate format. Ginny Gutknecht Nethercutt ported tax law. Members are also advised to check Burgess Harris Ney The SPEAKER pro tempore. Under Burns Hart Northup with the Office of the Parliamentarian Calvert Hastings (WA) Norwood the guidelines consistently issued by to be certain their amendments comply Camp Hayes Nunes successive Speakers as recorded on with the rules of the House. Cannon Hayworth Nussle page 712 of the House Rules and Man- Cantor Hefley Osborne f Carter Hensarling Ose ual, the Chair is constrained not to en- Chabot Hobson Otter tertain the gentleman’s request until it CONSTITUTIONAL AMENDMENT Coble Houghton Oxley has been cleared by the bipartisan floor AUTHORIZING CONGRESS TO Cole Hulshof Pearce and committee leaderships. PROHIBIT PHYSICAL DESECRA- Collins Hunter Peterson (MN) Crane Hyde Peterson (PA) PARLIAMENTARY INQUIRIES TION OF THE FLAG OF THE Crenshaw Isakson Pombo Mr. RANGEL. Parliamentary in- UNITED STATES Cubin Issa Porter Culberson Janklow Portman quiry, Mr. Speaker. Mr. LINDER. Mr. Speaker, by direc- Cunningham Johnson (CT) Pryce (OH) The SPEAKER pro tempore. The gen- tion of the Committee on Rules, I call Davis, Jo Ann Johnson, Sam Putnam tleman will please state his parliamen- up House Resolution 255 and ask for its Deal (GA) Keller Quinn tary inquiry. immediate consideration. DeLay Kelly Radanovich DeMint Kennedy (MN) Regula Mr. RANGEL. If we have unanimous The Clerk read the resolution, as fol- Diaz-Balart, L. King (IA) Rehberg consent that an error had been made lows:

VerDate Jan 31 2003 01:53 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.008 H03PT1 H4812 CONGRESSIONAL RECORD — HOUSE June 3, 2003 H. RES. 255 As it should be, House Joint Resolu- pression lies in its ability to protect Resolved, That upon the adoption of this tion 4 is a simple, straightforward unpopular expression. resolution it shall be in order without inter- measure. It proposes to add an amend- In 1929, Supreme Court Justice Oliver vention of any point of order to consider in ment to the U.S. Constitution that Wendell Holmes wrote that it was the the House the joint resolution (H.J. Res. 4) would simply give the Congress the au- most impressive principle of our Con- proposing an amendment to the Constitution thority to prohibit the physical dese- stitution that it protects not just free- of the United States authorizing the Con- gress to prohibit the physical desecration of cration of the flag of the United States, dom for the thought and expression we the flag of the United States. The joint reso- if it chooses to exercise such power. agree with, but freedom for the thought we hate. lution shall be considered as read for amend- b 1400 ment. The previous question shall be consid- The passage of this amendment ered as ordered on the joint resolution and The proposed amendment contains a would provide a dangerous precedent on any amendment thereto to final passage grand total of 17 words. To the credit of for future attempts to amend the Con- without intervening motion except: (1) two the House as an institution, we have stitution, putting the essential free- hours of debate on the joint resolution equal- passed proposed constitutional amend- doms it upholds at risk. If Congress ly divided and controlled by the chairman ments of this nature with more than amends the first amendment, some- and ranking minority member of the Com- enough bipartisan support in the 104th mittee on the Judiciary; (2) an amendment thing that has never happened in our in the nature of a substitute offered by Rep- Congress, the 105th Congress, the 106th Nation’s history, it will open the door resentative Conyers of Michigan or his des- Congress, and the 107th Congress. In for other exceptions to liberty. Ulti- ignee, which shall be considered as read and each of those sessions, the U.S. House mately, we must remember that it is shall be separately debatable for one hour approved the proposed constitutional not simply the flag we honor but rath- equally divided and controlled by the pro- amendments with more than the two- er the principles it embodies. To re- ponent and an opponent; and (3) one motion thirds majority required to approve strict people’s means of expression to recommit with or without instructions. such modifications to the Constitution. would do nothing but abandon those The SPEAKER pro tempore. The gen- Unfortunately, as has been the case too principles; and to destroy those prin- tleman from Georgia (Mr. LINDER) is many times in recent years, the other ciples would be a far greater travesty recognized for 1 hour. Chamber has failed to approve the leg- than to destroy its symbols. Mr. LINDER. Mr. Speaker, for pur- islation and forward it to the States I repeat a portion of that paragraph: poses of debate only, I yield the cus- for consideration by their legislatures. to restrict people’s means of expression tomary 30 minutes to the gentleman Indeed, if the Senate could approve this would do nothing but abandon those from Florida (Mr. HASTINGS), pending proposed constitutional amendment, I principles, and to destroy these prin- which I yield myself such time as I understand from the Committee on the ciples would be a far greater travesty may consume. During consideration of Judiciary that all 50 States have than to destroy its symbol. Indeed, it this resolution, all time yielded is for passed resolutions calling on the Con- would render the symbol meaningless. purposes of debate only. gress to approve an amendment of this Mr. Speaker, we are too secure as a Mr. Speaker, House Resolution 255 is nature. Nation to risk our commitment to free- a modified closed rule that provides for This is an ample reason to believe dom by endeavoring to legislate patri- the consideration of H.J. Resolution 4, that if this amendment were sent to otism. The flag burning amendment is legislation proposing an amendment to the States for ratification, more than one more example of the Republican the Constitution of the United States three-quarters of the States are poised tendency to play the patriot card, to authorizing the Congress to prohibit to ratify this measure, thereby making distract the people from the con- the physical desecration of the Amer- it a formal part of our Constitution. sequences of their policy. And I wish to ican flag. In conclusion, Mr. Speaker, H. Res. underscore that because there are no This rule provides for 2 hours of de- 255 is a modified closed rule that will people in the House of Representatives bate in the House, equally divided and give the House an opportunity to work who are not patriots. And there is no controlled by the chairman and rank- its will on a substitute put forward by one here any more patriotic than any- ing minority member of the Committee the ranking member, the gentleman one else. And for that reason alone we on the Judiciary. House Resolution 255 from Michigan (Mr. CONYERS), or his should not be toying with patriotism waives all points of order against con- designee. I urge my colleagues to sup- principles. sideration of the joint resolution. port the rule so we can move on to the There are more important matters It makes in order an amendment in underlying legislation. that Congress should be attending to. the nature of a substitute, if offered by Mr. Speaker, I reserve the balance of The way President Bush has short- the gentleman from Michigan (Mr. my time. changed our veterans, we could deal CONYERS) or his designee, which shall Mr. HASTINGS of Florida. Mr. with that, who have fought in defense be separately debatable for 1 hour, Speaker, I yield myself such time as I of all that Old Glory signifies, the way equally divided between the proponent may consume. that he has done this is an outrage to and an opponent. Mr. Speaker, let me thank the gen- all my colleagues and they should be Finally, this rule provides for one tleman from Georgia (Mr. LINDER) for prepared to fight about it. Why are we motion to recommit, with or without yielding me time. spending time arguing about the phys- instructions. I rise in strong opposition to House ical desecration of the United States With respect to the underlying legis- Joint Resolution 4. I firmly believe flag instead of voicing anger about the lation, H.J. Res. 4, I want to commend that passing this constitutional disservices done to what the flag the gentleman from California (Mr. amendment would abandon the very stands for? CUNNINGHAM) for introducing this legis- values and principles upon which the One would like to believe veterans lation and the gentleman from Wis- country was founded. Make no mis- this year would receive more than a consin (Mr. SENSENBRENNER), the chair- take, I deplore the desecration of the Top Gun flash visit. As a grateful Na- man of the Committee on the Judici- flag, and I am absolutely certain that tion, we should ensure that all vet- ary, for his persistent leadership on 440 Members of the House of Represent- erans have adequate access to health this important legislation, of which I atives deplore the desecration of the care and timely benefits. In my district am proud to be a cosponsor. flag. alone, veterans are being told that The gentleman from Wisconsin Those who burn or otherwise dese- they are not going to be able to get (Chairman SENSENBRENNER) has done a crate the American flag tread on a benefits, and we have some new super fine job in bringing this legislation to symbol cherished by nearly every one eight province that we have established the House floor in the years since my of our citizens in this great country. that if their income is at a certain very good friend and former chairman While I am appalled at the notion of level they will not qualify. Those are of the Committee on Rules, the late someone desecrating our flag, I am some things that I believe we must se- Jerry Solomon, originally sponsored more concerned with tampering with riously look at. this proposal in the 104th Congress and the Constitution. The true test of any I also think we must seriously reex- the 105th Congress. nation’s commitment to freedom of examine the President’s budget priorities

VerDate Jan 31 2003 01:53 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.007 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4813 that cause this Congress to provide in- of our Nation’s veterans have fought so How shameful it is that we come now adequate funding for those in uniform valiantly to defend. the fourth, fifth, sixth time since I so as to allow tax cuts that will mostly Even as American soldiers prepared have been in the United States Con- advantage some few wealthy Ameri- for war in Iraq, there were reports of gress to suggest to the American peo- cans. And since veterans health serv- protesters defacing flags, even flags ple that our values are woven into the ices have not been appropriately fund- being displayed in a memorial to the stripes and stars of this flag. They are ed, the Bush administration has pro- victims of September 11, 2001. These woven into our hearts and the words posed to increase co-payments for pre- acts are disgraceful. They are repug- and the Constitution and the Bill of scription drugs and to charge high an- nant, and they should not happen in Rights which you carry with you nual enrollment fees. this great Nation. through your citizenship rights and I oppose this proposal, as I am sure The flag deserves and demands our privacy. many Members on both sides of the respect. The physical desecration of How tragic it is that we have to aisle do, which punishes those in need the flag is not free speech nor should it stand on the floor today when we have by charging them money they do not be protected under the first amend- young Marines dying every day in Iraq, have to pay for services they do need ment. The amendment before us will when we have not finished, if you will, but cannot pay. clarify that desecration of the flag does in bringing order to Iraq; when we pass Current Secretary of State, the re- not fall under the first amendment and a tax bill that eliminates close to 25 tired four star Army general, Colin will prevent the courts from making percent of the American people from Powell, that so many people tout so such an assertion. being able to access relief through tax- often and a few denigrate, voiced oppo- I urge my colleagues to support the ation, people who work every day mak- sition to a similar flag amendment in underlying resolution. I urge my col- ing 10,000 to $25,000 a year. This Con- the year 2000. Here is what Secretary leagues to support the rule. gress, this Congress voted a tax bill Powell said at that time: ‘‘The first Mr. HASTINGS of Florida. Mr. that would eliminate any relief for amendment exists to ensure that free- Speaker, I yield 5 minutes to the gen- them, no child tax credit for families dom of speech and expression applies tlewoman from Texas (Ms. JACKSON- having as many as 12 million children, not just to that with which we agree or LEE), who serves on the Committee on or representing 12 million children. disagree, but also that which we find the Judiciary with distinction. This is the Congress that wants to outrageous. I would not amend,’’ Colin (Ms. JACKSON-LEE of Texas asked come and denigrate the Constitution, Powell says, ‘‘that great shield of de- and was given permission to revise and disrespect its interpretation. mocracy’’ that stands right behind the extend her remarks.) What is the interpretation? Freedom Speaker of this House, ‘‘to hammer a Ms. JACKSON-LEE of Texas. Mr. of expression, freedom of speech. And few miscreants. The flag will be flying Speaker, this is a very solemn occa- what I would say to you is that my un- proudly long after they have slunk sion. I thank the distinguished gen- derstanding and value and love for this away.’’ tleman from Florida (Mr. HASTINGS) for Nation is not based upon someone’s de- That sounded so good maybe I ought yielding me time; and I also thank him to repeat it again: ‘‘The first amend- sire to express their beliefs by any for his detailed explanation of the commentary or any action on the flag. ments exists to ensure that freedom of needs of this House, the needs of the speech and expression applies not just people of America. b 1415 to that which we agree or disagree, but Mr. Speaker, I know that he rarely I have never burned the flag. I have also that which we find outrageous. I mentions the fact that he has had the never desired to burn the flag. I have would not amend that great shield of occasion to ably serve as a Federal expressed my opinion by way of the de- democracy to hammer a few mis- judge, interpreting the Constitution on mocracy that this flag guarantees for creants. The flag will be flying proudly a very regular basis. I thought since we the freedom of speech. long after they have slunk away.’’ were discussing the privacy of this Na- How tragic it is. Does it mean that I thank Secretary Powell. tion, a freedom, that it would be im- when we pass this resolution that if This is a shallow amendment that ad- portant to do something that many someone desires to wear a tie, a T-shirt dresses a nonissue. This is an unneces- Americans do not do. And I would en- or shorts that has a reflection or sym- sary amendment that helps no one, but courage you to not only read the Con- bol of the flag that they are then in is likely to hurt us all. This is a dan- stitution and the Bill of Rights, but I violation of the law of this land? Does gerous amendment that should not be would encourage you and the children it mean that we again go to the United approved. Mr. Speaker, I reserve the balance of of this Nation to carry the Constitu- States Supreme Court? Time after my time. tion with you. time, the United States Supreme Court Mr. LINDER. Mr. Speaker, I yield 2 Might I share with you the words of has rejected any attempt to qualify the minutes to the gentleman from Florida article I, which expresses the beliefs of expression of speech. (Mr. WELDON). Americans from the early stages of our Let me say this. We realize that we Mr. WELDON of Florida. Mr. Speak- founding: ‘‘Congress shall make no law cannot cry fire in a crowded theater, er, I thank the gentleman for yielding respecting an establishment of religion that we would hurt someone, but we re- me time. or prohibiting the free exercise thereof alize that burning the flag or dese- Mr. Speaker, today I rise in strong or abridging the freedom of speech or crating it in any way does not do that. support of this rule and the underlying of the press of the right of the people Let me tell my colleagues why I am legislation, H.J. Res. 4, the desecration peaceably to assemble and to petition against this rule: Because I offered an of the flag resolution. the government for redress of griev- amendment that would simply say, let Our Nation’s flag is a sacred symbol ances.’’ us protect political speech, let us make of our country’s liberties that so many I believe that the young men and sure that this amendment does not dis- men and women in uniform have women throughout the ages, whether it allow one from expressing himself po- fought and died to defend. As the sym- was the war of 1812 or World War I or litically or his different views with the bol of that liberty, the flag deserves II, Korean conflict, Vietnam, Bosnia, United States of America. our greatest respect. To desecrate the Kosovo or the war in Iraq, young men What does the Committee on Rules flag raised by soldiers at Iwo Jima, as- and women went off inscribed not with do? Rejects the many amendments that tronauts on the Moon, and rescue the symbol of a flag but with the un- we offered to bring light as to what the workers at the World Trade Center is derstanding of what the Constitution Constitution actually says. an affront to the very values it rep- says. They are not fighting for a sym- Mr. Speaker, let me say to my col- resents. Even in the past week, young bol, a piece of cloth. They are fighting leagues that I am certainly dis- Americans have laid down their lives in for the fact that in America, we rise appointed that we would use this floor Iraq to protect the freedom and liberty every day and are able to speak our to be able to frivolously undermine the that we enjoy here at home. minds, go to our respective places of Constitution. There is a saying that It is disgraceful that people would worship and no one is there to restrain says, ‘‘the measure of a man,’’ and we desecrate, even burn, the flag that all us, handcuff us, or detain us. can go on to talk about the great

VerDate Jan 31 2003 01:53 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.055 H03PT1 H4814 CONGRESSIONAL RECORD — HOUSE June 3, 2003 things of that person, the measure of a Mr. Speaker, I oppose this rule and I en- many Americans in the streets burning woman, the integrity and the honesty, courage my colleagues to do likewise. up flags. There were probably a lot the measure of this Congress should be PARLIAMENTARY INQUIRY more earlier in previous decades, but in the good works that we have done, by Mr. LINDER. Mr. Speaker, par- recent years, it averages out to about the American people. liamentary inquiry. eight, about eight cases a year, and I would simply argue this is a bad The SPEAKER pro tempore (Mr. they are not all that horrendous. It in- rule, this is a bad resolution because TERRY). The gentleman will state his volves more vandalism, teenagers tak- we are denying the very underpinning parliamentary inquiry. ing flags and desecrating the flag and that the bill is built on, that is, the Mr. LINDER. Mr. Speaker, when in- maybe burning it, and there are laws Constitution of the United States. dividuals abuse the time limit, is there against that. I yield back this amendment, I yield an arrangement by which that time This is all so unnecessary. There are back this resolution, and I stand with can be applied against their side’s total already laws against vandalism. There the Constitution. time left? are State laws that say they cannot do Mr. Speaker, I rise in opposition to H. Res. The SPEAKER pro tempore. All time it and they can be prosecuted. So this 255 the rule governing debate on H.J. Res. 4, for proper debate comes out of the time is overkill. an amendment to the Constitution to prohibit that has been yielded. As a matter of fact, the Supreme physical desecration of the flag of the United Mr. LINDER. Mr. Speaker, I yield 4 Court has helped to create this. I know States. I oppose the rule to H.J. Res. 4 be- minutes to the gentleman from Texas a lot of people depend on the Supreme cause the rule allows inadequate debate on (Mr. PAUL). Court to protect us, but in many ways, amendment to an overly broad infringement (Mr. PAUL asked and was given per- I think the Supreme Court has hurt us. on the First Amendment Right to Freedom of mission to revise and extend his re- So I agree with those who are pro- Speech. This partisan, modified closed marks.) moting this amendment that the Su- rule,severely limits amendment and debate on Mr. PAUL. Mr. Speaker, I thank the preme Court overreacted, because I issues that affect every American citizen—the gentleman for yielding me the time. think the States should have many U.S. Constitution and the First Amendment. Mr. Speaker, I rise in support of the more prerogatives than they do. Many I proposed an amendment to H.J. Res. 4, rule, although unenthusiastically. I am states have these laws, and I believe that was not made in order. My amendment to not too excited about this process, and that we should have a supreme court H.J. Res. 4, was designed to protect Ameri- certainly I am not very excited about that would allow more solutions to can’s right to express their opinions and views this proposal to amend the Constitu- occur at the State level. They would be about government activity. My amendment tion. As for my viewpoint, I see the imperfect, no doubt, it would not be stated in pertinent part, ‘‘a person shall not amendment as very unnecessary and perfect protection of liberty by State have violated a prohibition under that section very dangerous. I want to make a few laws. But let me tell my colleagues, for desecrating the flag, if such desecration is points along those lines. when we come here as politicians and an expression of disagreement or displeasure It has been inferred too often by superpatriots and we pass amendments with an act taken or decision made by a local, those who promote this amendment to the Constitution, that will be less State, or Federal Government of the United that those who oppose it are less patri- than perfect, then it will be just like States.’’ otic, and I think that is unfair. And an the Supreme Court—a poor national so- Under my amendment Americans would earlier statement was made by the gen- have retained their freedom to speak out lution. tleman from Florida that everybody against actions taken by local, State, and Fed- It is a ruling for everyone, and if we here is patriotic and nobody’s patriot- eral governments through desecrations of the make a mistake, it affects everybody ism should be challenged. in every State, and that is what I am flag symbolizing their views. Our democratic It has also been said that if one does government is a government of the people. afraid we are doing here. not support this amendment to the flag Our citizen’s freedom of expression is at the The First Amendment has been that they are disloyal to the military, very heart of our democracy. An attack on brought up on several occasions, and I and that cannot possibly be true. I American’s freedom of expression is an attack am sure it will be mentioned much have served 5 years in the military, and on our entire democracy. My amendment more in general debate. This amend- I do not feel less respectful of the mili- would have protected our democracy and pro- ment does not directly violate the tary because I have a different inter- tects our citizens. First Amendment, but what it does, it This rule, on the other hand, is potentially pretation on how we should handle the gives the Congress the authority to harmful to our democracy and America’s citi- flag. But nevertheless, I think what we write laws that will violate the First zens. Freedom of speech and freedom of ex- are doing here is very serious business Amendment, and this is where the pression are fundamental components of our because it deals with more than just trouble is. Nothing but confusion and democracy. Limiting the ability of American the flag. litigation can result. citizens to voice their opinions about their gov- First off, I think what we are trying Mr. HASTINGS of Florida. Mr. ernment, through flag desecrations or other- to achieve through an amendment to Speaker, I yield 5 minutes to the gen- wise, is a violation of the principles of our de- the Constitution is to impose values on tleman from California (Mr. FILNER), mocracy that are symbolized in the American people, that is to teach people patriot- my good friend. flag, including the First Amendment right to ism with their definition of what patri- (Mr. FILNER asked and was given freedom of expression. otism is. But we cannot force values on permission to revise and extend his re- I hope that the Republican leadership sees people; we cannot say there will be a marks.) the irony of their decision to draft such a re- law that a person will do such and such Mr. FILNER. Mr. Speaker, I rise to strictive rule. We are debating a resolution because it is disrespectful if they do speak against this rule and against the that, if passed, will severely restrict American’s not, and therefore, we are going to underlying motion. ability to speak openly, freely, and fully, on make sure that people have these val- As the chairman said in his eloquent issue that are of great concern to the public. ues that we want to teach. Values in a opening remarks, our flag is a grand Under this rule, my colleagues on this side of free society are done voluntarily, not and glorious symbol of our great Na- the isle are restricted from speaking openly, through coercion, and certainly not by tion, of our fundamental values of free- freely, and fully, on an issue that will have a the law, because the law implies that dom, liberty, justice and opportunity; drastic impact on the public, the First Amend- there are guns, and that means the and it is those values we must protect. ment. Federal Government and others will We are not going to protect these This proposed amendment to the Constitu- have to enforce these laws. values by tampering with the Bill of tion, H.J. Res. 4, is a severe abridgement of Here we are, amending the Constitu- Rights and our Constitution. These the freedom of expression protected by the tion for a noncrisis. How many cases of have stood the test of time, and it is First Amendment of the U.S. Constitution. This flag burning have we seen? I have seen impossible to legislate patriotism. We rule is a severe abridgement of our ability to it on television a few times in the last protect these values through proper debate an issue that may have a profound im- year, but it was done on foreign soil, by education of our children, nurturing pact on one of America’s most fundamental foreigners, who had become angry at us their love and patriotism of our coun- rights. over our policies, but I do not see that try and nurturing their respect for our

VerDate Jan 31 2003 01:57 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.058 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4815 flag and the men and women who keep retired from the military to receive specting the rule of law and under- our Nation strong. both their disability compensation and standing the thread of tolerance that Yes, through the years our values their military retired pay. It has been weaves its way through the quilt of de- have always included respect for our on our agenda for years. The congres- mocracy. veterans, also. As a child, I heard from sional leadership, the Republican lead- I rise today opposing the underlying my veteran father of the sacrifices ership, while working diligently on bill. How many times have we seen the made by the men and women of our passing this amendment, cannot find flag burned in the United States? We armed services to keep our Nation free the courage, cannot muster up their see it burned in China, we see it burned during World War II; and we have just skills at legislation to pass concurrent in Iraq, we see it burned in Syria. We witnessed the willingness of our cur- receipt. The very people who are argu- see it burned all over the country, but rent generation to put themselves in ing for this bill vote ‘‘no’’ when it we do not see it burned here. If a per- harm’s way without hesitation when comes to our veterans, vote ‘‘no’’ when son burns the flag in China, they put called upon by their President and it comes to our concurrent receipt. them in jail. If they burn the flag in their Nation to in Iraq. I ask the gentlepeople from the ma- Iran, they probably cut their head off. So why are we having this debate jority party, what will be the morale of If they burn the flag in Cuba, they go now? I would appreciate the attention our soldiers, soon to be veterans when to jail. Do we want to follow that ex- of my good friend from California. Why they return home from Iraq, when they ample and that precedent? I do not are we having this debate now? know they will have to wait for the think so. This is a shell game, Mr. Speaker. promised services that the VA has Our present Constitution blends to- They want us to look at this shell that made, when they know that they will gether the best of our heart and our has the flag and they are waving it fu- have to pay more for less? What will be minds. Our present Constitution under- riously. They are waving it furiously, their morale when they see we are not stands our responsibility to respect the but they do not want us to watch this keeping our promise to veterans? Are rule of law, but it shows such humanity shell which are veterans benefits, they going to wave the flag? in the tolerance that we have for dif- which they are taking away. They vote I challenge my colleagues to put first ferent opinions in this country. first, out of here, a $25 billion cut in our values that our great flag rep- b 1430 our Nation’s veterans, and then it is resents. We are patriots. We are Ameri- down to $15 billion. cans. Let us restore our contract with Do we want to respect and honor Is this the way we honor our flag and our Nation’s veterans. That is the way those who lost their lives in defense of honor our veterans? I find it deeply dis- to express our patriotism and to pro- this Nation? The last verse of that turbing that many Members of the tect our Nation’s flag. wonderfully beautiful poem ‘‘In Flan- House of Representatives seem to be Mr. LINDER. Mr. Speaker, I yield ders Fields’’ says, ‘‘If you break faith tenaciously determined, year after myself such time as I may consume. with us who die, we shall not sleep, year, to pass this amendment at the I would just like to comment that I though poppies grow in Flanders very time, at the very time they vote am surprised that, for as long as the Field.’’ How do you break faith with for budgets that cut services and bene- previous speaker served on the Com- those who defended the country? You fits to our Nation’s veterans. This is mittee on Veterans Affairs, he has al- stop having tolerance. You start fol- hypocrisy, and the veterans who are lowed it to go on this long. lowing the precedent of countries like here to lobby on this bill should under- Mr. Speaker, I yield 3 minutes to the the former Iraq or Cuba or China. stand the hypocrisy that is going on gentleman from Maryland (Mr. We want to raise the flag in honor of and the shell game that is happening. GILCHREST). those people who have protected the This hypocrisy will not escape these Mr. GILCHREST. Mr. Speaker, I flag. Be a good citizen, a good neigh- veterans. thank the gentleman for yielding me bor, a good American. True respect for our veterans means the time. Mr. HASTINGS of Florida. Mr. that we do not abandon them when Sometimes in these debates one issue Speaker, I reserve the balance of my they return to our shores. Do my col- gets mixed up with another issue, and I time. leagues know, and I ask the gentleman think that is what is happening here. I Mr. LINDER. Mr. Speaker, I yield 5 from California, 14,000 veterans right rise in support of this rule. minutes to the gentleman from Cali- now have waited longer than a year I also want to make a comment to fornia (Mr. CUNNINGHAM), the sponsor and a half for their action, many more the previous speaker that this Con- of the underlying legislation. for four or five years, for adjudication gress, Republican majority, with the (Mr. CUNNINGHAM asked and was of their claims. There are veterans in help of the Democratic minority, is in- given permission to revise and extend San Diego, I would tell the gentleman, creasing the amount of money that is his remarks.) who have died while waiting for their going to a myriad of veterans programs Mr. CUNNINGHAM. Mr. Speaker, I appeal to be adjudicated. all over the country. So when those take umbrage at some who would say Two hundred thousand of our vet- veterans come back from Iraq, they that this is frivolous legislation. Mr. erans right now are waiting longer will not only see us waving the flag in Speaker, to me, patriotism demands than 6 months for their first health strong appreciation of the work they more than standing on the House floor care appointment with the VA, their did in enhancing freedom in Iraq, but and stating that we are all patriotic or first health care appointment. This is they will receive the kind of benefits we all support the troops. Check the the way we honor our veterans? Some that the previous speaker mentioned record of those Members that consist- of them will die before their first ap- about going to college on the GI bill. ently vote against defense bills or intel pointment. I went to college on the GI bill. I or even our veterans. It is just not We have educational benefits under bought a house with the GI bill, and true. To me, there are Members who the GI bill that do not pay for college those kinds of services are for the vet- are unpatriotic in this body. education. My father went to college erans of today. These young people are I would say that voting against this on the GI bill. He bought a home on the children of democracy, and they de- bill in itself is not unpatriotic. People GI bill. I am in Congress because of the serve what we received many, many have different reasons. But patriotism GI bill, and what are we doing now? We years ago in our service to our country, is always unfinished business. It re- are not even given enough for anyone but we are here today to discuss the quires action, not just verbiage. And I to buy a home or go to college. rule and the issue of flag burning state again that a vote against this bill This House has recommended to in- amendment. does not mean you are unpatriotic, but crease prescription drug copayments I want to ask the question, what does I think there is a combination of votes and impose a new enrollment of $250 for it mean to be patriotic? How do we pro- and support for our troops and our many veterans whom we are sup- tect the flag and honor the flag? We country that does classify some people posedly honoring today. Let me tell my honor the flag by being good parents, with those actions. colleagues about concurrent receipt, by being good citizens, by being good Mr. Speaker, a few months ago, I which allows disabled veterans who are neighbors, by understanding and re- watched on television as they played

VerDate Jan 31 2003 01:57 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.061 H03PT1 H4816 CONGRESSIONAL RECORD — HOUSE June 3, 2003 the series ‘‘Glory.’’ It was about a regi- Mr. NADLER. Mr. Speaker, I want to the idea that we would change the Con- ment of African American troops that make two points in this 1 minute. stitution every time some American volunteered to go up to the front. They Number one, the gentleman who just came up with a new repugnant way to knew in attacking a fort that it would talked disparaged the Supreme Court protest.’’ be certain death. And as Denzel Wash- because of one decision, that we should He talks a lot about what it took to ington, the actor, and his crowd start- not respect that decision. It is the become an airman from Ottumwa, ed to go forward to this and attack, same Supreme Court that 2 years ago Iowa, and how he and his buddy applied knowing that they would most cer- arrogated to itself the right to take on the same day, and he was, with em- tainly die, the question was asked, ‘‘If away from the American people the pathy, told to give up. He did not give I should fall, who will carry this flag?’’ choice of the Presidency and said do up, and he became a part of a proud And echoed down the ranks was, ‘‘I not finish counting the votes, we de- fighter force in our Air Force, the will,’’ ‘‘I will,’’ ‘‘I will,’’ and they each clare George Bush the President of the Tuskegee Airmen. And he closes, and I did so. Each time the flag fell, African United States. That decision has been am skipping a lot of what Mr. Williams Americans picked up that flag and car- respected. Though on the merits and on said, he said: ‘‘Today, as I sit and recall ried it forward. Thousands upon thou- the intellect, that decision belongs in the terrible attacks that we endured sands of African Americans died pro- the garbage heap of history because it just to get the right to fight for our tecting that flag. was not an honest decision, it was not country, I am more certain that the Who rejects the arguments of the honestly intended. It was a results-ori- elimination of any right to freedom of few? This bill will pass. The same ented decision. speech is dead bang wrong. Protest, group rejects it every time. My friend, Secondly, the gentleman said that after all, takes many forms and many who is a libertarian, he votes against there are Members of this body who are shapes. Some of them may be seen as it. Many of the far left vote against it. not patriotic as seen by the votes distasteful by some Americans. But if Some people, in my opinion, attempt against defense bills. The fact of the we change the Constitution to outlaw to hide behind the first amendment. matter is, you can vote for a defense these less than acceptable forms of protest, then what we are doing is just as But who says that they are wrong? Two bill, you can vote against it based on whether you think that bill is best for repugnant as burning the flag itself.’’ hundred years of tradition. Abraham Thank you, Robert Williams. Lincoln, Jefferson, Washington, our your country or not. But to ascribe un- You know what we could or should be forefathers, came forward and said that patriotic motives to differences of doing right now? We should be passing the flag is worth protecting. opinion is to disrespect the Bill of the 13 appropriation measures that is In the Civil War, and I am not pro- Rights in the Constitution. To ascribe our mandate here in Congress. We posing this, but in the Civil War there unpatriotic motives to people who dif- should be providing proper health bene- was the penalty of death in desecrating fer with you politically is the method- fits, rather than turning veterans the flag. That is extreme. But who says ology of a Soviet commissar. It is not away, as they are in my district in they are wrong are 80 percent of the an argument that should be heard on Fort Lauderdale, Florida. We should be American people. All 50 States have this floor. It is an argument that de- passing a prescription drug benefit said they will ratify this if we pass this stroys liberty. It destroys freedom of rather than talking about desecrating legislation on the floor. All 50 States, speech. the flag. We should be building schools 80 percent of the American people, and And whether a particular defense bill for our children and grandchildren 100 percent of the veterans groups. was good or too small, or bad or good rather than leaving them deficits that Look around and see the veterans or deserved to be voted for should be will cause them not to even have groups around Capitol Hill today. They addressed on the merits intellectually school. We should be passing aid to support this legislation. They do not and not by disparaging the motives and public universities to stop tuition from think it is frivolous. They do not think saying that someone who votes against going up the way it is in my State and it is unnecessary. They do not think it it is unpatriotic. That argument we 20 other States around this Nation. violates the Constitution, because of could hear from Mr. Stalin, not from How about providing a child care tax 200 years of tradition. someone on this floor. credit for working families, like the One Court, in a 5-to-4 decision, Mr. HASTINGS of Florida. Mr. gentleman from New York (Mr. RAN- changed 200 years. Mr. Speaker, we are Speaker, I yield myself such time as I GEL) came here and asked unanimous saying that that is wrong. Talk about may consume. consent to do, rather than talking extremism and affecting the Constitu- Mr. Speaker, Robert Williams wrote about flag desecration? tion, we think it is that decision in an article recently, and he is one of the We should be increasing the funding 1989. I reject their arguments. Mr. Tuskegee Airmen, and the title of the of the National Institute of Health re- Speaker, 14 years ago, the Supreme article was ‘‘A Tuskegee Airman Sa- search funds. We should be helping the Court did reverse 200 years of tradition. lutes The Flag.’’ He talked initially Centers for Disease Control prepare us In my own district there was a pro- about how he became a fighter pilot in in the event there is a problem in this test. It was not about the flag; it was the Second World War. And then he Nation. We should be passing pay about bilingual education. There was a goes on, and I am skipping his first raises for Federal judges in this coun- group of Hispanics that came around to three paragraphs, but I quote him: try who too long have suffered at the protest a bilingual education ruling. ‘‘That is why I cringe when I see Con- whim of this United States Congress. One of the Hispanics started tromping gress preparing to pass a constitutional We should be providing dollars for first and burning an American flag, and a amendment that would rewrite the responders in this country. We should Hispanic from my district grabbed the first amendment for the first time ever be providing money for port security, flag and was beaten. He said, listen, I to ban a form of protest. It is particu- better housing for veterans, paving may disagree on bilingual education, larly hard for me,’’ Mr. Williams says, roads, paying teachers; and I can go on but this flag is a symbol of why I came ‘‘as an American war veteran to see and on. to this country. It stands for freedom, this action taken in the name of patri- But what we come here with is a reit stands for liberty, and you will not otism. For while we as a country view pugnant measure. All of us, every man desecrate it in my presence. our flag as the very essence of patriot- and woman in this House, is patriotic, Some people say, well, it does not ism, it is, in reality, a symbol of that whether they voted for the defense exude violence. You burn the American spirit. measure or not. All of us are super- flag, and generally there is violence ‘‘And if the proposed flag desecration patriots in the sense that we provide that follows. And again I would say, amendment wins final approval, our service for our country. And each in Mr. Speaker, that patriotism is always flag will become a symbol without sub- our own way ideologically, left and unfinished business. stance. Don’t get me wrong,’’ Mr. Wil- right, black and white, rich and poor Mr. HASTINGS of Florida. Mr. liams says, ‘‘no one endorses the idea come here for the purpose of upholding Speaker, I yield 11⁄2 minutes to my of burning the flag or desecrating it in that great symbol of ours, the flag. friend, the distinguished gentleman any way. It is, to me, a very repugnant And I do not need anybody to tell me from New York (Mr. NADLER). concept. But I find more threatening about patriotism.

VerDate Jan 31 2003 01:57 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.064 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4817 I lost relatives and friends in wars from New York (Mr. NADLER) each will When considering the powers of our re- like every man and woman here has. control 1 hour of debate on the joint spective branches of government in ef- And there are kids right now that resolution. fecting the will of the American peo- would rather come home and know The Chair recognizes the gentleman ple, we should be reminded of the words that we took care of some of those from Wisconsin (Mr. SENSENBRENNER). of Abraham Lincoln in his first inau- things that we needed to take care of GENERAL LEAVE gural address in 1861, ‘‘If the policy of rather than handle a handful of mis- Mr. SENSENBRENNER. Mr. Speak- the government upon vital questions creants that might go out and foolishly er, I ask unanimous consent that all affecting the whole people is to be ir- burn a flag. There are laws, as one of Members may have 5 legislative days revocably fixed by decisions of the Su- our colleagues said, that takes care of within which to revise and extend their preme Court, the people will have that. Let those laws be sufficient for remarks and include extraneous mate- ceased to be their own rulers.’’ us. Let the flag reign supreme. Do not rial on H.J. Res. 4. Thus, because the Constitution ex- let it rain down the kind of desecration The SPEAKER pro tempore. Is there pressly designates ‘‘We the People’’ as that not passing these measures would objection to the request of the gen- possessing the ultimate authority in help us to do. tleman from Wisconsin? this great Nation, and not the Supreme Mr. Speaker, I yield back the balance There was no objection. Court, we as representatives of the peo- of my time. Mr. SENSENBRENNER. Mr. Speak- ple must respond and act according to Mr. LINDER. Mr. Speaker, I yield er, I yield myself such time as I may the will of the people in approving this myself such time as I may consume to consume. proposed constitutional amendment. simply say that after that litany of Mr. Speaker, H.J. Res. 4 is a proposed Contrary to what opponents of House spending measures, I believe the gen- amendment to the United States Con- Joint Resolution 4 will claim, this pro- tleman from Florida has forfeited any stitution that would simply return to posal does not amend the First Amend- future opportunities to complain about Congress the authority that it pos- ment or the Bill of Rights for the first deficits. sessed for over 200 years to prohibit the time in history. Rather, it was the Su- Mr. Speaker, I yield back the balance physical desecration of the flag of the preme Court that first amended our of my time, and I move the previous United States. H.J. Res. 4 does not out- constitutional rights and liberties as question on the resolution. law flag desecration; rather, this pro- Americans in this area of the law in The previous question was ordered. posal merely sets the boundaries by 1989 by denying the American people The resolution was agreed to. which Congress can enact subsequent the authority to protect their flag. H.J. A motion to reconsider was laid on implementing legislation, if it so Res. 4 will simply restore this sacred the table. chooses, to prohibit such conduct. right and the original understanding of the First Amendment and the Bill of b 1445 The flag is the most revered and beloved symbol of our great Nation, rep- Rights that had persisted since the Mr. SENSENBRENNER. Mr. Speak- very beginning of our country. Thomas er, pursuant to House Resolution 255, I resenting all that is American and re- minding the world of our undying love Jefferson, the author of the Declara- call up the joint resolution (H.J. Res. 4) tion of Independence, and James Madi- proposing an amendment to the Con- of freedom and democracy. The flag serves as a shining bedrock of our prin- son, the father of our Constitution, stitution of the United States author- both agreed that the government could izing the Congress to prohibit the phys- ciples and values as a country, leading our men and women into conflicts prohibit acts of flag desecration. ical desecration of the flag of the Rights guaranteed under the First around the globe and draping the cas- United States, and ask for its imme- Amendment are not unlimited. Rather, kets of those same individuals when diate consideration. Americans are constrained in their they return home after giving the ulti- The Clerk read the title of the joint speech to a certain degree, whether mate sacrifice in defense of such val- resolution. pursuant to libel and slander laws, per- ues. It is the flag to which we pledge The SPEAKER pro tempore (Mr. jury laws, laws against inciting breach allegiance here in the halls of Congress THORNBERRY). Pursuant to House Reso- of the peace or riots, or obscenity laws. and in schools throughout our country. lution 255, the joint resolution is con- Furthermore, conduct that is arguably sidered read for amendment. It is this object and all that it rep- associated with speech has also always The text of House Joint Resolution 4 resents that we as Americans hold so been validly regulated. While someone is as follows: dear. seeking publicity or wanting to protest While the Federal Government and H.J. RES. 4 may think that the best method to almost every single State validly pro- Resolved by the Senate and House of Rep- convey a particular message may be to tected the flag without constitutional resentatives of the United States of America in parade nude in Lafayette Square across Congress assembled (two-thirds of each House objection for numerous years, this pro- from the White House, that form of concurring therein), tection was circumscribed by the conduct is illegal. H.J. Res. 4 simply SECTION 1. CONSTITUTIONAL AMENDMENT. United States Supreme Court in Texas seeks to give Congress the authority to The following article is proposed as an v. Johnson in 1989. In the Johnson case, amendment to the Constitution of the prohibit another particular form of a majority of five justices held that conduct, flag desecration, without re- United States, which shall be valid to all in- burning the flag was expressive contents and purposes as part of the Constitu- gard to the speech being broadcasted tion when ratified by the legislatures of duct protected by the First Amend- during such conduct. three-fourths of the several States within ment to the Constitution. Congress re- Those seeking to express themselves seven years after the date of its submission sponded to this decision in 1990 by en- would be left with, as Chief Justice for ratification: acting a Federal statute to outlaw such Rehnquist put it, ‘‘a full panoply of ‘‘ARTICLE — conduct in accordance with the Su- other symbols and every conceivable ‘‘The Congress shall have power to prohibit preme Court’s decision in Johnson. form of verbal expression’’ by which to the physical desecration of the flag of the However, the Supreme Court that same make their ideas known. As the Su- United States.’’. year ruled in United States v. Eichman preme Court has stated, ‘‘the First The SPEAKER pro tempore. After 2 that the recently enacted Federal stat- Amendment does not guarantee the hours of debate on the joint resolution, ute also violated the Constitution. right to employ every conceivable it shall be in order to consider an Thus, the American people are now left method of communication at all times amendment in the nature of a sub- with no other alternative but to amend and in all places.’’ stitute, if offered by the gentleman the Constitution in order to protect I urge my colleagues to recognize the from Michigan (Mr. CONYERS), or his their flag. wishes of the American people and re- designee, which shall be considered House Joint Resolution 4 will simply store the original interpretation and read and debatable for 1 hour, equally overturn these two erroneous Supreme understanding of the First Amendment divided and controlled by the pro- Court decisions, restoring the original and the Bill of Rights to the Constitu- ponent and an opponent. interpretation to the First Amendment tion by supporting this resolution. The gentleman from Wisconsin (Mr. that had persisted for over two cen- Mr. Speaker, I reserve the balance of SENSENBRENNER) and the gentleman turies since the birth of our country. my time.

VerDate Jan 31 2003 01:57 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.066 H03PT1 H4818 CONGRESSIONAL RECORD — HOUSE June 3, 2003 Mr. NADLER. Mr. Speaker, I yield around saying nice things, pleasant Jim Warner, a Vietnam veteran and myself such time as I may consume. things, platitudes about patriotism, prisoner of the North Vietnamese from Mr. Speaker, today we are enduring then that is a wonderful thing to do. October 1967 to March 1973, wrote, ‘‘The the annual Republican rite of spring, a But if you burn the flag while criti- fact is, the principles for which we proposed amendment to the Bill of cizing the conduct of the current ad- fought, for which our comrades died, Rights to restrict what it calls flag ministration or some political deci- are advancing everywhere upon the desecration. sion, then you will be arrested. earth, while the principles against Why spring? Because the calendar Is the act of burning the flag any dif- which we fought are everywhere dis- tells us that June 14 is Flag Day, and ferent in those two instances? No. credited and rejected. The flag burners then, of course, we have July 4. Mem- What is different is the words said in have lost, and their defeat is the most bers need to send out a press release association with it. In one instance, fitting and thorough rebuke of their extolling the need to protect the flag, the words are pleasant and nice and principles which the human mind could as if the flag needed protection by Con- therefore protected by the First devise. Why do we need to do more? An gress. We do not see a great epidemic of Amendment; and in the other instance, act intended merely as an insult is not flag burning. This amendment is truly the words are unpleasant and disagree- worthy of our fallen comrades. It is the an answer in search of a problem. able and, therefore, we are going to sort of thing our enemies did to us, but The flag is a symbol of a great Na- pass a constitutional amendment to we are not them, and we must conform tion and of the fundamental freedoms throw someone in jail for uttering the to a different standard. Now, when the for which this Nation stands. If the flag wrong words while he burns the flag, justice of our principles is everywhere needs protection at all, it is from Mem- because if he uttered the nice words vindicated, the cause of human liberty bers of Congress who value the symbol while he burned the flag, that would be demands that this amendment be re- more than the freedoms that the flag the correct way of disposing of the flag. jected. Rejecting this amendment represents, and would, in fact, limit Clearly, the Supreme Court was would not mean that we agree with those freedoms to protect the symbol. right, it is the expression of unpopular those who burn our flag, or even that The argument that we must, for the political opinions that this amendment they have been forgiven. It would, in- first time in our Nation’s history, is aimed at, and that is why this stead, tell the world that freedom of amend the Constitution to limit free- amendment should not be passed be- expression means freedom, even for dom of speech because the flag stands cause we should protect the right to those expressions we find repugnant.’’ for freedom would sound like a bad utter all opinions in this country, even I would add that rejection of this joke if the danger to the First Amend- those we think are harmful because amendment would mean that we under- ment were not so real. I warn my col- bad ideas should be driven out of the stand that democracy in the United leagues, once we get into the business arena of public opinion by good ideas, States and our protection of freedom of of amending the Constitution, every not by repression by the State or by expression in the United States is the police. That is why we have the time someone does something we do stronger than the ill will and the Bill of Rights, and that is why this not like, there will be no end to it. We venom that motivates people who amendment should not pass. might desecrate our flag, and that we have never in the 200 years of this One other example, and that is if country so far, of this Republic, do not need a constitutional amend- someone produced a movie or play in ment to protect us against them. amended the Bill of Rights, and we which actors impersonated Nazi sol- should not start now. diers, and during the course of that b 1500 There is unpopular speech that peo- play, the Nazi soldiers trampled on the These thoughts are echoed by Terry ple find offensive, unpopular religions flag to show the contempt the Nazis Anderson, a former U.S. Marine staff that people do not like. We had a Mem- had for freedom and the United States, sergeant and Vietnam veteran who was ber of the House on the floor a few no one would think of arresting the ac- held hostage in Lebanon, who wrote: years ago excoriate the Army for al- tors because they know they did not ‘‘This constitutional amendment is lowing a wicked religious service on an mean it. They would know they were an extremely unwise restriction of Army base. The man with the protest showing what Nazis thought of the flag every American’s constitutional rights. sign in a crowd of people favoring the and the United States, not what the ac- The Supreme Court has repeatedly held President and his policies, he was tors think. So it is clearly the ideas as- that the first amendment protects threatened with arrest if he did not sociated with the act of desecrating the symbolic acts under its guarantee of leave or get rid of his sign because it flag, it is the speech that we are crim- free speech. Burning or otherwise dam- did not agree with the other signs. inalizing here, and that is why the Su- aging a flag is offensive to many, in- Maybe some of our Republican friends preme Court was right to say we can- cluding me, but it harms no one and is think we need a constitutional amend- not criminalize speech. so obviously an act of political speech ment for protesting against Republican We heard in the hearings conducted that I’m amazed anyone could disagree Presidents. Quite frankly, the crass po- before the Committee on the Judiciary with the Court.’’ litical use of the flag to question the from a Vietnam veteran who has been Mr. Speaker, people have died for patriotism of those who value our fun- in a wheelchair for the last 30 years as this Nation and the rights which this damental freedoms is a greater insult a result of his combat wounds in Viet- flag so proudly represents. Let us not to those who died in the service of our nam. He made clear he did not want his destroy the freedoms and the way of Nation than even the burning of the sacrifice to be used to destroy the free- life for which they made the ultimate flag. It is the civic equivalent of taking doms for which he fought and for which sacrifice. Let us not demean our free- the Lord’s name in vain. many of his friends made the ultimate doms. Let us not demean our country. People have rights in this country sacrifice. I would urge my colleagues Let us not for the first time in the his- that supersede public opinion, even to listen to all veterans and understand tory amend the Bill of Rights to say we strongly held public opinion. If we do that those who support this amend- cannot be trusted with that freedom. not preserve those rights, the flag ment do not speak for all veterans. Let us not pass this amendment. would have been desecrated far beyond General Colin Powell, for example, Mr. Speaker, I reserve the balance of the capability of any individual with a had this to say about this amendment my time. cigarette lighter. Let there be no a few years ago, ‘‘The First Amend- Mr. SENSENBRENNER. Mr. Speak- doubt, this amendment is aimed di- ment exists to ensure that freedom of er, I yield 6 minutes to the distin- rectly at unpopular political ideas. speech and expression applies not just guished gentleman from Ohio (Mr. Current Federal law says that the to that with which we agree or dis- CHABOT), the chairman of the Sub- preferred way to dispose of a tattered agree, but also that which we find out- committee on the Constitution. and old flag is to burn it, but there are rageous. I would not amend that great Mr. CHABOT. Mr. Speaker, I thank those who would criminalize the same shield of democracy to hammer a few the gentleman for yielding me this act if it was done to express political miscreants. The flag will be flying time. dissent. So if you burn the flag, if you proudly long after they have slunk Before I get into the bulk of my talk, physically burn the flag while standing away.’’ Mr. Speaker, the gentleman from New

VerDate Jan 31 2003 01:57 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.070 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4819 York has mentioned once again a letter lem is through the constitutional values and principles for which the flag from Colin Powell. I have in my hand amendment process as set forth in arti- stands. here a letter written by another distin- cle 5 of the United States Constitution. We believe very strongly that this guished American general, Norman That is why we are here today. It is the should be passed. Schwarzkopf, who in essence indicates, only way that we now can protect the Mr. NADLER. Mr. Speaker, I yield and I will just take one sentence here, flag because of these two Supreme 41⁄2 minutes to the distinguished gen- ‘‘I regard legal protections for our flag Court cases. tleman from Virginia (Mr. SCOTT). as an absolute necessity and a matter H.J. Res. 4 will simply restore the Mr. SCOTT of Virginia. I thank the of critical importance to our Nation.’’ constitutional authority that Congress gentleman for yielding me this time. He goes on in support. I think both had possessed for more than 200 years Mr. Speaker, I would like to place Colin Powell and Norman Schwarzkopf to protect the flag from physical dese- this debate in context because every are great Americans but oftentimes, as cration. While opponents claim that time we cut veterans benefits, we pull on many other issues, good people can amending the Constitution to remedy a out this resolution. Just a few weeks come to differing opinions on an impor- problem that they contend does not ago, we voted to cut veterans benefits tant issue, and they have in this par- exist will open the floodgates to other by $28 billion. And so far those cuts ticular case. I do believe that we do amendments, history has proven this have been restored, but many in this need to protect the flag. assertion false. In fact, since the adop- House, a majority, in fact, of this The flag of the United States of tion of the Bill of Rights, there have House, will have to explain those votes. America has become the physical man- been over 11,000 proposed constitu- Challenging the patriotism of those of ifestation of democracy and freedom in tional amendments with only 17 ap- us who voted ‘‘no’’ on those cuts will the world today. The flag has been de- proved and ratified. not cover up the fact that those votes scribed as a national asset, akin to the So we have only amended the Con- were actually cast. Grand Canyon and the Washington stitution 17 times plus the 10 times it Mr. Speaker, we should acknowledge Monument, as it symbolizes the was amended in the Bill of Rights. that the whole purpose of the under- strength and endurance of this great Thus, the fear of an onslaught of con- lying constitutional amendment is to Nation and the embodiment of its stitutional amendments and the even- stifle political expression that we find ideals and its values. As Chief Justice tual destabilization of the document offensive. While I agree that we should Rehnquist has noted, ‘‘Millions and itself is unfounded. In addition, oppo- respect the flag, I do not think it is ap- millions of Americans regard it with an nents claim that this proposed con- propriate to use the criminal code to almost mystical reverence, regardless stitutional amendment will infringe enforce our views on those who dis- of what sort of social, political or phil- upon speech and adversely impact agree with us. The Supreme Court has osophical beliefs they may have.’’ We those protesting against government considered restrictions on the Bill of pledge our allegiance to the flag, we policies. First, H.J. Res. 4 is in no way Rights that are permissible by the gov- pay tribute to the flag through song as related to the suppression of free ernment. For example, under the first illustrated by our national anthem, speech and is not at all concerned with amendment with respect to speech, and we honor our fallen soldiers by content of any type of expression. time, place and manner may generally draping flags over their coffins, plant- Rather, H.J. Res. 4 is concerned only be regulated while content cannot. ing flags at Arlington National Ceme- with the vehicle through which some There are, of course, exceptions. tery as we did most recently on Memo- individuals choose to express their Speech that creates an imminent rial Day not long ago, and presenting ideas. Just as people cannot burn a dol- threat of violence or threatens safety flags to widows and widowers. To say lar bill or burn their draft cards to ex- or patently offensive expression that press their ideas, so too should people that the American flag is simply a col- has no redeeming social value, those be prohibited from burning or dese- ored piece of cloth mischaracterizes may be restricted. But generally you crating the American flag. H.J. Res. 4 the nature of the symbol and its impor- cannot restrict content. The distinc- would not interfere with a speaker’s tance to our country. As the flag goes, tion is that you can restrict time, freedom to express his or her ideas by so goes our country. If we allow its de- place and manner but not content. And any other means. facement, so too do we allow our coun- Secondly, this amendment would not so you can restrict the particulars of a try’s gradual decline. Therefore, in unfairly target those who protest march or demonstration, what time it order to ensure the future of our coun- against government policy, as there is held, where it is held; but you cannot try, we must ensure the future of our were numerous statutes in the past restrict what people are marching or flag. outlawing the desecration of the flag, demonstrating about. You cannot ban Over the years, there have been and there is no evidence of prosecu- a particular march or demonstration countless acts of flag desecration. The torial abuse in this regard. The exag- just because you disagree with the gentleman has said, and we have heard gerated scenarios that opponents of message unless you decide to ban all this in committee, that it does not this measure paint are intended not to marches. You cannot allow marches by happen that often anymore; but since illustrate reality but only to incite the Republican Party but not by the 1994 alone there have been over 115 re- fear and hostility toward this measure. Democratic Party. ported incidents, and those are re- Opponents also argue that the words Some have referred to the underlying ported incidents, of flag desecration, encompassed in the proposal such as resolution as the anti-flag burning occurring in 35 States, here in the Dis- ‘‘flag’’ and ‘‘desecration’’ are too broad amendment and they speak about the trict of Columbia, and in Puerto Rico. and ambiguous, leaving the public un- necessity of this amendment to keep The States and the Federal Govern- informed as to the type of conduct that people from burning flags. But, really, ment have been prevented from prohib- will ultimately be prohibited. The sim- the only place we ever see flags burned iting such conduct since 1989 when the ple answer to this is that H.J. Res. 4 is is in compliance with the Federal code United States Supreme Court ruled in a proposed constitutional amendment at flag ceremonies, disposing of a worn- Texas v. Johnson that flag burning was which by definition necessitates am- out flag. If you ask any Boy Scout or expressive conduct protected by the biguous terms in order to give Congress any member of the American Legion, first amendment to the Constitution. sufficient flexibility to draft and adopt how do you dispose of a worn-out flag, That was a 5 to 4 vote, I might add. authorizing legislation. Consider the they will tell you that you burn the Congress immediately responded by calamity that would have resulted if flag at a respectful ceremony. This pro- passing the Flag Protection Act of 1990. the drafters of the 14th amendment posed constitutional amendment is all However, shortly thereafter, the Su- would have been required to specifi- about expression and all about prohib- preme Court in United States v. cally define ‘‘due process’’ or ‘‘equal iting expression in violation of the Eichman held that the act was uncon- protection.’’ The nature of the Con- spirit of the first amendment. By using stitutional for the same reasons as in stitution requires that such terms be the word ‘‘desecration,’’ we are giving the Johnson case. Thus, the only op- broad and subject to interpretation. government officials the power to de- tion remaining for the American citi- Desecration of the flag necessarily cide that one can burn a flag if you are zenry to address and correct this prob- diminishes and adversely affects those saying something nice or respectful,

VerDate Jan 31 2003 01:57 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.072 H03PT1 H4820 CONGRESSIONAL RECORD — HOUSE June 3, 2003 but you are a criminal if you burn the resolutions say that they will ratify First Amendment. I may disagree with flag while saying something offensive this. That to me is democracy. Two them, but it was their right. or insulting. This is an absurd distinc- hundred years of tradition wiped away Protest in any way you want, just do tion and is in direct contravention by a 5 to 4 Supreme Court vote. That is not burn the American flag. Vote yes with the whole purpose of the first democracy. Eighty percent of the on this resolution. amendment. American people support this bill. To Mr. NADLER. Mr. Speaker, I yield Mr. Speaker, in addition to the viola- me that is democracy. Two hundred 31⁄2 minutes to the distinguished gen- tion of the spirit of the Bill of Rights, Members of this House and one vote tlewoman from Texas (Ms. JACKSON- this legislation has practical problems. short in the other body on these resolu- LEE). For example, what is a flag? Can you tions. That is democracy. Ms. JACKSON-LEE of Texas. Mr. desecrate a picture of a flag? Can a flag Speaker, I thank the distinguished b 1515 with the wrong number of stripes or ranking member of the subcommittee stars be desecrated? Even the dissenters of the Supreme for yielding me time. Mr. Speaker, during the Vietnam Court, and I quote, noted that ‘‘In Mr. Speaker, this is about choices, War, laws were passed prohibiting draft times of national crisis, the flag in- and it is about differences of opinion, cards from being burned and protesters spires and motivates the average cit- so I respect greatly my good friend with great flourish would say that they izen to make personal sacrifices in from California for his desire to move were burning their draft cards and of- order to achieve societal goals of im- on this legislation. But I think the fend everybody, but then nobody would portance.’’ American people need to be able to know whether it was a draft card or Not just during war, but maybe there flush out what this debate is all about. H.J. Res. 4, were it to pass, would be just a piece of paper. Mr. Speaker, is an earthquake or a fire. It inspires the first time in United States history what happens if you desecrate your people. that the Constitution is amended in own flag in private? Are you subject to So what do you think on the other order to curtail an existing right. Just criminal prosecution if someone finds side it does to these same people when you desecrate that symbol that lifts a few minutes ago on this floor I held out? up the Constitution, and I said that And finally, Mr. Speaker, I feel com- them up? And that is why this is im- Americans need to begin to read the pelled to comment on the ridiculous portant, Mr. Speaker. This is 200 years Constitution again, that is, to under- suggestions that stealing and destroy- of tradition. stand that it is a document to give ing someone’s personal property is pro- What is patriotism? I told you in the rule vote about a young Hispanic, that rights, to protect as opposed to protected if that property happens to be a hibit. flag. That is wrong. It is theft and de- other Hispanics were desecrating the flag and he grabbed the flag and he was We have seen the courts over the struction of personal property. What years refine our laws, and I have ad- beaten, and he stood up and said, ‘‘That this legislation is aimed at is criminal- mitted on this floor that crying fire in is why I immigrated to this country. izing political speech. And so we should a crowded theater certainly has been This flag represents the traditions, the not politicize criminal speech we dis- enunciated as being against the order, freedoms, the liberty that I stand for.’’ agree with just because we have the against law and order, and against the And he did not let them burn it. votes. protection of the people. But this I mentioned about ‘‘Glory,’’ African I would hope, Mr. Speaker, that we amendment does nothing to enhance Americans that picked up the flag would defeat the resolution. the rights of Americans. Mr. SENSENBRENNER. Mr. Speak- when one of their fellow soldiers fell, I have heard my good friend utilize er, I yield 5 minutes to the distin- knowing that they would die. Ask Hispanics and African Americans. I guished gentleman from California those African American soldiers that certainly welcome his right to express (Mr. CUNNINGHAM), the author of the charged that fort what they would his viewpoints and whatever character- resolution. think of you today rationalizing ization he is trying to suggest. But I (Mr. CUNNINGHAM asked and was against this vote that it is a First would offer to say that today we all given permission to revise and extend Amendment vote. It is not. stand as patriots and Americans, His- his remarks.) You have all kinds of actions. You panics, African Americans, Asians; in Mr. CUNNINGHAM. Mr. Speaker, my can swear, you can yell, you can pro- Texas, Anglos or Caucasians, Native friend on the other side mentioned a test, you can hold up signs, but just do Americans, new immigrants, people gentleman from the Tuskegee Airmen, not desecrate the American flag. seeking opportunity. a very honored group. As a matter of I have a story that I have, a friend The real question is that there is no fact, there is a chapter in San Diego. I that was a prisoner of war for 61⁄2 years. prohibition for some valiant soldier to spoke to them about this resolution in It took him 6 years to gather bits of rise to the occasion and take a flag San Diego years ago. They support this thread to knit an American flag on the across a battlefield. We do not stop resolution. They are good friends of inside of his shirt. And that was fine, that. We applaud that. Nor is there any mine. These are the men that fought until the Vietnamese guards broke in, prohibition likewise for someone who against racism and flew P–51s in WWII. and they saw the POW with a flag that has a disagreement on the political Not a single bomber was lost while the he hung above on the wall when they philosophy of this Nation to be able to Tuskegee Airmen escorted them. were able to get together. rise up in disagreement. Opponents say that this is frivolous, They saw the flag. They ripped it to Clearly, during the civil rights era, that we are offering a frivolous amend- shreds. They dragged the POW out and might I say, thank God for the First ment. In the Tuskegee Airmen letter, they beat him unconscious, so bad that Amendment, that there were brave it said that this for the first time was the other prisoners did not think he souls enough to speak against the denying first amendment rights. It is would survive. And they comforted him horrificness of segregation. If you took not. For 200 years-plus, this was tradi- as much as they could. He went back in the laws of the South, those people tion in our country. Abraham Lincoln, the corner, and a few minutes later should have been jailed, as they were Washington, Jefferson, yes, and even they looked and saw this broken-body over and over again, you would have Betsy Ross knew the threads that held POW drag himself to the center of the confirmed their being jailed for ex- this country together. During the Civil floor and started gathering those bits pressing their right to associate War, it was a death penalty to dese- of thread to knit another American against segregation. So this is a matter crate the flag. No one is asking us to flag. of choice and a matter of disagree- do this. As a matter of fact, this vote That is action. Patriotism takes ac- ment. today only gives the States the right tion, and it is action that is unfinished Two generals who were annunciated to ratify this resolution. Even if we business at all times. by my friends, General Powell indi- pass this here today, if the States say This is not frivolous to us. I was shot cating his position, and a different po- ‘‘no,’’ it will not pass. down on my 300th mission over Viet- sition, difference of opinion; and this is The gentleman from New York said, nam. The actors that protested the what this amendment stands for, not do we know democracy? Fifty State war, that was their right under the accepting differences of opinion.

VerDate Jan 31 2003 01:57 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.073 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4821 The Supreme Court in the Gregory ute violates the First Amendment in Texas v. The Court acknowledged that the 1989 law, Johnson case right out of Texas when Johnson. unlike the Texas statute in Johnson, contained this individual in 1989 burned a flag in In that case, Gregory Johnson was arrested no content-based limitations on the scope of front of the Republican convention, for burning the U.S. flag during a demonstra- protected conduct. However, the Court deter- sounds horrific, sounds embarrassing, tion outside of the Republican National Con- mined, the federal statute was subject to strict but yet the Court of Appeals and the vention in Dallas. Mr. Johnson’s actions were scrutiny because it could not be enforced with- Supreme Court indicated that the deemed to be in violation of Texas’ ‘‘Vener- out reference to the message of the ‘‘speak- lower court’s decision should be re- ated Objects’’ law. The Texas statute outlawed er.’’ versed, holding that the Texas law had ‘‘intentionally or knowingly’’ desecrating a ‘‘na- The supporters of H.J. Res. 4 argue that been unconstitutionally applied to tional flag.’’ The statute, defined the term flag desecration should not be considered Johnson in violation of his First ‘‘desecrate’’ to mean ‘‘to deface, damage or speech within the meaning of First Amend- Amendment rights. The Supreme Court otherwise physically mistreat in a way that the ment. On the contrary, it is precisely the ex- upheld that right for him to have polit- actor knows will seriously offend one or more pressive content of acts involving the flag that ical expression. persons likely to observe or discover his ac- the amendment would target. These expres- I had such an amendment before the tion.’’ The Court of Appeals for the Fifth Dis- sive acts are within the definition of speech. It Committee on Rules that political con- trict of Texas upheld Johnson’s conviction is obvious that the criminal sanctions against tent, speech, should be protected, but under the Venerated Objects law. The Court flag burning in the Johnson case, and the yet it was rejected. of Criminal Appeals, Texas’ highest criminal criminal sanctions the sponsors of this amend- I would simply say, Mr. Speaker, in court, reversed the lower court decision, hold- ment will likely seek to enact if H.J. Res. 4 is closing, it is a matter of choice and a ing that the Texas law had been unconsti- adopted, are directly related to the expressive matter of right. I beg my colleagues tutionally applied to Johnson in violation of his content of the act of burning the flag. not to pass an amendment that re- First Amendment rights. Under current law ‘‘[t]he flag, when it is in stricts the Constitution. That would be The Supreme Court affirmed the Texas such condition that it is no longer a fitting em- wrong and misdirected. Court of Criminal Appeals ruling and deter- blem for display, should be destroyed in a dig- Mr. Speaker, I rise in opposition to H.J. Res. mined that the First Amendment protects nified way, preferably by burning.’’ It is clear 4, an amendment to the Constitution to pro- those citizens who burn the U.S. flag in polit- then, that the prohibitions against flag burning hibit physical desecration of the flag of the ical protest from prosecution. The Supreme or ‘‘physical desecration’’ in H.J. Res. 4 are United States. I oppose H.J. Res. 4 because Court ruled that Johnson’s conduct constituted fundamentally content-based. Burning a flag to this resolution is an overly broad infringement a symbolic expression that was both inten- demonstrate respect or patriotism is permis- on the First Amendment Right to Freedom of tional and overly apparent. According to the sible under current law. Should the proposed Speech. Supreme Court, the Texas statute was ‘‘con- amendment pass, burning the flag to convey a BACKGROUND tent-based’’ and, therefore, subject to ‘‘the political viewpoint of dissent or anger at the This is not the first time this Chamber has most exacting scrutiny test’’ outlined in an- United States would become a crime. considered this very Amendment to the Con- other Supreme Court case, Boos v. Barry. The The airing of unpopular, dissenting views is stitution. In 1990, Congress considered and Texas statute was deemed content-based be- an affirmative social good. Attempt to place rejected H.J. Res. 350—an Amendment to the cause Johnson’s guilt depended on the com- limits on the manner of form of expressing un- U.S. Constitution specifying that ‘‘The Con- municative aspect of his expressive conduct popular views must inevitably translate into gress and the States have the power to pro- and was restricted because of the content of limits on the content of the unpopular views hibit the physical desecration of the flag of the the message he conveyed. Furthermore, the themselves. Likewise, limitations on the use of United States.’’ This failed to get the nec- Court stated that, although the Government the flag in political demonstrations ultimately essary two-thirds congressional majority by a has an interest in encouraging proper treat- undermines First Amendment free speech. vote of 254–177 in the House and 58–43 in ment of the flag, it was prohibited from crimi- Adoption of H.J. Res. 4 will also create a the Senate. Again in 1995 Congress consid- nally punishing a person for burning a flag as number of dangerous precedents in our legal ered the same amendment, H.J. Res. 79, but a means of political protest. The Court deter- system. The Resolution will encourage further did not get the necessary two third majority mined that the Texas statute was designed to departures from the First Amendment and di- vote of the Senate. In 1999, this Constitutional prevent citizens from conveying ‘‘harmful’’ minish respect for our Constitution. Doing so Amendment, then call H.J. Res. 33, also failed messages, reflecting a government interest would make it unlikely to be that this would be to be passed. that violated the First Amendment principle the last time Congress acts to restrict our First If H.J. Res. 4 were to pass, it would mark that government may not prohibit expression Amendment liberties. the first time in United States’ history that the of an idea simply because it finds the idea of- H.J. RES. 4 DOES NOT HONOR AMERICA’S VETERANS Constitution is amended in order to curtail an fensive or disagrees with the idea. It also flawed reasoning to argue that this existing right. In this case, the proposed In response to the Johnson ruling, Congress amendment honors the courage and sacrifice amendment would severely narrow the scope passed the content-neutral ‘‘Flag Protection of America’s veterans. It may be the opinion of of the First Amendment’s protection of free ex- Act of 1989.’’ The Flag Protection Act of 1908 many American’s that we should condemn pression codified in the Bill of Rights. This prohibited flag desecration under all cir- those who would dishonor our nation’s flag. dangerous and unnecessary assault on our cumstances by removing the requirement that However, H.J. Res. 4 will dishonor the Con- fundamental liberties would set a terrible the conduct cast contempt upon the flag. The stitution and betray the very ideals for which precedent. statute also narrowly defined the term ‘‘flag’’ in I renew my opposition to this Constitutional an effort to avoid any vagueness problems. so many veterans fought, and for which so Amendment. Despite my opposition, I agree After the Flag Protection Act was passed, a many members of our armed forces made the with the proponents of this Constitutional series of the flag burnings took place in cities ultimate sacrifice. In a May 18, 1999 letter to Amendment that the American flag is a sym- across. Criminal charges were brought against Senator PATRICK LEAHY, General Colin L. bol of all of the principles and ideals that this protesters who participated in flag burning inci- Powell said: country is built upon—freedom of assembly, dents in Seattle and Washington, D.C. In both The First Amendment exists to insure that freedom of religion, equality, and justice to cases, the federal district courts relied on freedom of speech and expression applies not just to that with which we agree or disagree, name a few. Johnson, striking down the 1989 law as un- but also that which we find outrageous. I FLAG DESECRATION AND THE FIRST AMENDMENT constitutional when applied to political pro- would not amend that great shield of democ- One of the most important ideals that the testers. racy to hammer a few miscreants. The flag flag symbolizes is the First Amendment pro- In U.S. v. Eichman, the Supreme Court pro- will by flying proudly long after they have tection of freedom of speech. I believe that tected First Amendment freedom of speech, slunk away. freedom of speech should be protected with- and in a 5–4 decision upheld the lower federal Another honored member of our Armed out condition. The Supreme Court of the court rulings and struck down the Flag Protec- Services, Jim Warner, a Vietnam veteran and United States, as it relates to desecration of tion Act of 1989. The Court ruled, again, that prisoner of the North Vietnamese from Octo- the flag, appears to agree. the Government’s stated interest in protecting ber 1967 to March 1973, wrote: In 1989 the Supreme Court addressed the the status of the flag ‘‘as a symbol of our Na- The fact is, the principles for which we issue of flag desecration as it related to the tion and certain national ideals’’ was a ‘‘sup- fought, for which our comrades died, are ad- First Amendment. In 1989, the Supreme Court pression of free expression’’ that gave rise to vancing everywhere upon the Earth, while finally addressed whether a flag burning stat- an infringement of First Amendment rights. the principles against which we fought are

VerDate Jan 31 2003 04:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\K03JN7.077 H03PT1 H4822 CONGRESSIONAL RECORD — HOUSE June 3, 2003 everywhere discredited and rejected. The year this Congress adopted severe limi- ers Resent Slight to the Anthem. At- flag burners have lost, and their defeat is the tations on campaign speech in the so- tack a Man and Two Women Who most fitting and thorough rebuke of their called campaign finance reform legisla- Refuse to Stand When It Is Played. principles which the human could devise. tion. But that is a battle for another There was much excitement in the Why do we need to do more? An act intended merely as an insult is not worthy of our fall- branch of this government and another main dining room at Rectors last night en comrades. It is the sort of thing our en- day. following the playing of the Star Span- emies did to us, but we are not them, and we I rise today, rather, Mr. Speaker, to gled Banner. Frederick Boyd, a former must conform to a different standard. . . . try and express from my heart what I reporter on the New York Call, a So- Now, when the justice of our principles is ev- believe this amendment means to mil- cialist newspaper, was dining with Miss erywhere vindicated, the cause of human lib- lions of patriotic Americans who sup- Jessie Ashley and Miss May Towle, erty demands that this amendment be report it, and I do so with a sincere both lawyers and suffragists. The jected. Rejecting this amendment would not heart, to speak to those millions of pa- three, alone of those in the room, re- mean that we agree with those who burned our flag, or even that they have been for- triotic Americans who oppose it. mained seated. There were quiet, then given. It would, instead, tell the world that After surviving the bloodiest battle- loud and vehement protests, but they freedom of expression means freedom, even field since Gettysburg, a squad of Ma- kept their chairs. for those expressions we find repugnant. rines trudged up Mount Suribachi on ‘‘The angry diners surrounded Boyd The flag is a symbol of our freedoms. The Sulfur Island with a simple task: to and the two women and blows were right to speak openly, even if that speech is raise the American flag above the dev- struck back and forth, the women unpopular, is a freedom. As we consider this astation below. When the flag was fighting valiantly to defend Boyd. He Amendment we are faced with a difficult ques- raised by Sergeant Mike Strank and cried out he was an Englishman and tion: Do we protect a symbol of freedom of his men, history records that a thun- did not have to get up, but the crowd speech, or do we protect free speech itself? derous cheer rose from the troops on would not listen to explanation. Boyd When given the choice, I choose to protect land and on sea, in foxholes and on was severely beaten when the head freedom itself over a symbol of freedom. stretchers. Hope returned to that field waiter succeeded in reaching his side. Mr. Speaker, while many Americans find of battle when the American flag began Other waiters closed in and the fray desecration of the flag offensive or distasteful, flapping in the wind. was stopped. the strength of our nation lies in our ability to It is written, Mr. Speaker, that with- ‘‘The guests insisted upon the ejec- tolerate dissent and allow free speech espe- out a vision, the people perish. The flag tion of Boyd and his companions and cially when we disagree. We should not let a was the vision that inspired and rallied they were asked to leave. They refused handful of offensive individuals cause us to our troops on Iwo Jima, and I would to do so, and they were escorted to the surrender the very freedoms that make us a offer to you humbly today, the flag is street and turned over to a policeman beacon of liberty for the rest of the world. For still the vision for Americans who who took Boyd to the West 47th Street these reasons, I urge my colleagues to vote cherish those who stood ready to make Station, charged with disorderly con- no on H.J. Res. 4. the necessary sacrifices. It may well be duct. why every single veterans group in Mr. SENSENBRENNER. Mr. Speak- ‘‘Before the magistrate, Boyd re- America is scoring the vote in favor of er, I yield myself 1 minute. peated that he did not have to rise at the flag resolution today. Mr. Speaker, the word seems to be the playing of the National Anthem, around here that the Supreme Court I would offer that by adopting this flag protection amendment, we will but the court told him that while there decisions are sacrosanct and we should was no legal obligation, it was neither never amend the Constitution when the raise Old Glory again. We will raise her above the decisions of the judiciary prudent nor courteous not to do so in Congress and the several States believe these tense times, and he was found the Supreme Court is wrong. I believe that was both wrong on the law and on history. We will raise the flag above guilty of disorderly conduct and re- the Supreme Court is wrong in this, leased on suspended sentence.’’ and that is why this amendment is be- the cynicism of our times. We will say Another one, July 2, 1917, headline: fore us. to my generation of Americans those But I point out that in three of the 17 most unwelcome of words, there are ‘‘Boston Peace Parade Mobbed. Sol- instances since the Bill of Rights was limits. Out of respect for those who diers and Sailors Break Up Socialist ratified, the Congress and the States serve beneath it and for those who died Demonstration and Rescue Flag. So- have amended the Constitution to re- within the sight of it, we must say cialist Headquarters Ransacked and verse Supreme Court decisions. The there are boundaries necessary to the Contents Burned, Many Arrests for 11th Amendment reversed the decision survival of freedom. Fighting. relative to the judicial power of the Let us raise the American flag to her ‘‘Riotous scenes attended a Socialist United States. The 14th Amendment Old Glory again. parade today which was announced as a reversed the Dred Scott decision. The Mr. NADLER. Mr. Speaker, I yield 5 peace demonstration. The ranks of the 16th Amendment reversed the decision minutes to the distinguished gen- marchers were broken up by self-orga- on the income tax. So, three of the 17 tleman from Arkansas (Mr. SNYDER). nized squads of uniformed soldiers and amendments that have been ratified Mr. SNYDER. Mr. Speaker, we are sailors. Red flags and banners bearing since 1791 have reversed Supreme Court gathered here today to debate a con- socialistic mottos were trampled on, decisions that the Congress and the stitutional amendment that would re- and literature and furnishings in the States have thought were erroneous. strict the right of an American to Socialist headquarters in Park Square Mr. Speaker, I yield 2 minutes to the make a foolish, foolish mistake with were thrown into the street and gentleman from Indiana (Mr. PENCE). his own property. My primary objec- burned. (Mr. PENCE asked and was given per- tion to this amendment is that it will ‘‘At Scollay Square there was a simi- mission to revise and extend his re- give government a tool with which to lar scene. The American flag at the marks.) prosecute Americans with minority head of the line was seized by the at- Mr. PENCE. Mr. Speaker, I thank the views, particularly at times of great tacking party and the band, which had gentleman for yielding me time. national division, behavior that would been playing ‘The Marseillaise’ with I must tell you, Mr. Speaker, I think have been perceived as patriotic if done some interruptions, was forced to play this is a great debate. As a member of by the majority. ‘The Star Spangled Banner’ while the Committee on the Judiciary, as Unfortunately, our history has abun- cheers were given for the flag.’’ someone trained in constitutional law, dant examples of patriotism being used The last one, from March 26, 1918. I find the passion that I hear on this to hurt those who express views in dis- floor today for the First Amendment agreement with that of the majority. b 1530 truly inspiring, and I respect it im- Let me share with you some news sto- mensely. ries taken from the New York Times in ‘‘Pro-Germans Mobbed in Middle In fact, would that we had heard that years of great strife in America. West. Disturbances Start in Ohio and same passion for protecting the free The first one I would like to read is are Renewed in Illinois. Woman among speech rights of Americans when last from April 7, 1917, 1917, headline: ‘‘Din- Victims.

VerDate Jan 31 2003 01:57 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.018 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4823 ‘‘Five businessmen of Delphos, a Ger- (Mr. HYDE asked and was given per- thought that little flag was saying man settlement in western Allen Coun- mission to revise and extend his re- thank you for all America to that un- ty near here, accused of pro-Ger- marks.) known soldier, thank you and God manism, were hunted out by a volun- Mr. HYDE. Mr. Speaker, I thank the grant you peace. teer vigilance committee of 400 men gentleman from Wisconsin for yielding If we ask an old veteran attending a and 50 women of the town, taken into a time to me. Memorial Day ceremony as he strug- brilliantly lit downtown street and Mr. Speaker, one of the great aspects gles to his feet to salute the flag, what forced to kiss the American flag to- of the privilege of being a Congressman does he think of when we see the flag, night under pain of being hanged from is that we get to debate some pretty he will tell us freedom, sacrifice, and nearby telephone poles.’’ noble issues. We get to engage in them. hope. Yes, it is called Old Glory be- What do these old stories from the This is certainly one. I am delighted cause it is old; it has been handed down New York Times have to do with this this debate is occurring. from generation to generation, and very important and heartfelt debate In my view, there is something larger Glory because it stands for the most today? The decision we make today, it at work here than simply the flag precious ideas human beings have ever seems to me, is a balancing, a weighing itself. I think this amendment offered known. of what best preserves freedom for by the gentleman from California (Mr. Justice Frankfurter in a 1940 case Americans. There may well be a de- CUNNINGHAM) is an effort by main- said, ‘‘We live by symbols.’’ He went on crease in public deliberate incidents of stream Americans to reassert commu- to say, ‘‘The ultimate foundation of a flag desecration, acts that we all de- nity standards. This bill is a protest free society is the binding tie of cohe- plore, if this amendment becomes part against the vulgarization of our soci- sive sentiment.’’ of our Constitution. ety. Woven into the fabric of the flag is On the other side of our ledger, if this In our popular culture, decent stand- the collective memory of America from amendment becomes part of our Con- ards are under constant and withering Bunker Hill to Baghdad. America lacks stitution, in my opinion, it will become assault. This amendment is an asser- the cultural homogeneity that China a constitutionally sanctioned tool for tion that the community has some or Japan or even France has, but as the majority to tyrannize the minor- rights, too, and that with rights go re- Americans, we share the unity of the ity. As evidenced by these news stories sponsibilities which help provide a Declaration. from a time of great divisiveness in our moral compass for our ‘‘anything goes’’ But cohesive sentiment is what the flag symbolizes, and as tombstones are Nation’s history, government, which society. ultimately is human beings with all of This amendment partially corrects not for toppling nor churches for van- our strengths and weaknesses, will use the oversight in our Constitution dalizing, flags are not for burning. this amendment to question the patri- whereby we have a Bill of Rights, oh, Burn a $10 bill and you violate the law. Walk down Constitution Avenue at otism of vocal minorities, will use it to do we have a Bill of Rights, but no bill high noon without your clothes on and find excuses to legally attack dem- of responsibilities. Then, of course, a you will soon learn the limits of self- onstrations which utilize the flag in an right is meaningless unless we are all expression. Free speech is not absolute, otherwise appropriate manner. responsible for respecting it, so one de- Let me give an example. I was at a never has been. We have slander and pends on the other. libel laws, copyright laws, and many rural county fair in Arkansas several This amendment asserts that our flag years ago, and a group had a booth other limitations. is not simply a piece of cloth, but like This amendment does not trivialize with a great patriotic display in addi- a photograph of our families on our tion to handouts and signs. They had our Constitution, far from it. It recog- desks, it symbolizes certain unifying laid across the table like a tablecloth nizes that nothing is more important ideals that most Americans hold sa- an American flag. I knew these people in a democratic society than empha- cred. sizing the tradition of responsibility thought this to be a very patriotic part Our national motto, ‘‘E Pluribus of the display. I watched as one of the that nourishes our liberty. Unum,’’ underscores the fact that we volunteers sat on the table, oblivious Saul Bellow, the novelist, said years are a thoroughly diverse Nation. If we to the fact he was sitting on our Amer- ago, ‘‘A great deal of intelligence can look around this room, not at this mo- ican flag. His action was a completely be invested in ignorance when the need ment, but when we are all present, we innocent mistake, and he did not real- for illusion is great.’’ When I hear my see a wildly diverse group of Irish and ize such behavior is inconsistent with learned friend, the gentleman from Greeks and Poles and African Ameri- good flag etiquette. New York (Mr. NADLER), managing this I believe that had this group been a cans and Hispanics, et cetera, et bill on the other side of the aisle, say- fringe group, those with views contrary cetera, et cetera. Our whole country is ing that never in 200 years have we at- to the great majority, and should we a diverse exposition of people coming tempted to amend the first amend- have laws prohibiting physical desecra- together, proud of their ethnicity, of ment, I refer him to the 13th amend- tion of the flag, such an action as I de- their language, their native music, ment and the 14th amendment, 1865– scribed would not be excused as an in- their culture. 1868, and suggest that maybe some law nocent mistake. Instead, a minority But at the same time, there are uni- schools are better than others. group might be prosecuted, out of fying principles, things we share to- In any event, let me close with a anger, out of disgust, but make no mis- gether. That is what ‘‘E Pluribus paragraph from an article that I have take, the motivation for such a pros- Unum’’ means, ‘‘one from many.’’ We saved over the years written by a ecution would be that they hold a mi- are still one Nation. We are all blessed, woman named Diane Schneider. ‘‘You, nority view. no matter our background, with the of course, have the right to burn Old Mr. Speaker, I do not think our Con- rule of law. That is a unity worth cele- Glory. If you are compelled to so ex- stitution will be improved nor our free- brating, not denigrating. press your disdain, if you can find no doms protected by placing within it en- What is it about this swatch of fabric civil outlet in speech or song, you are hanced opportunity for minority views we call a flag? What gives it such beau- protected by law. But if I am there to be legally attacked, ostensibly be- ty and power as it floats in the breeze? when you put a match to the colors, cause of their misuse of the flag, but in Well, men have followed it into battle know this: I will take the flaming fab- reality because of views that many again and again in defense of freedom, ric in my hands, crush the embers and consider out of the mainstream. draped it over the coffins of heroes re- hold the star-spangled banner as high I urge a ‘‘no’’ vote on the proposed turned. as I can in the free wind.’’ amendment, and for the same reasons, I remember standing at a gravesite in Mr. NADLER. Mr. Speaker, I yield 1 a ‘‘no’’ vote on the substitute. Normandy and looking at the cross. It minute to the distinguished gentleman Mr. SENSENBRENNER. Mr. Speak- says, ‘‘Here lies in honored glory, a from Texas (Mr. GREEN). er, I yield 7 minutes to the gentleman comrade in arms known but to God.’’ Mr. GREEN of Texas. Mr. Speaker, I from Illinois (Mr. HYDE), my distin- And decorating that sparse, grim grave thank the gentleman for yielding time guished predecessor as chairman of the was a little flag that somebody had put to me, my New York colleague. He and Committee on the Judiciary. near the cross. I looked at that and I I both came to Congress together.

VerDate Jan 31 2003 04:22 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.079 H03PT1 H4824 CONGRESSIONAL RECORD — HOUSE June 3, 2003 I rise in support of and cosponsor this love is basketball. My wife and I were Once again this week, in the fifth resolution which proposes an amend- therefore surprised when we discovered Congress in a row, in anticipation of ment to the Constitution allowing Con- a few weeks ago that he had written an Flag Day we are called upon to congress to ban the desecration of our an essay that had been selected as the sider a bill to bring about an amend- American flag. You can speak your number one essay on patriotism in Vir- ment to the Constitution to get around mind, but do not burn our flag. ginia by the State PTA. the Supreme Court’s repeated holdings I am a strong supporter of our first He wrote that he was just an ordi- that tampering with, insulting, or de- amendment rights to the freedom of nary teenager who spent most of his filing the flag is protected conduct expression. However, we do have limits. time talking about girls, playing bas- under the first amendment, the bed- If I burn my car, protesting the auto ketball, or fixing up his 1981 Jeep. He rock of our Bill of Rights. maker, I am fine. If I burn a U.S. dol- said he had an ordinary grandfather b 1545 lar, it is illegal. who was neither richer, smarter, nor For instance, court-made law re- better-looking than most people. Yet I heard one of my distinguished col- stricts our freedom of speech as limited when his grandfather was 19 years old, leagues indicate how good it is for sol- by the example given in law school he left for the Army only 3 days after diers to come back into this country classes about not screaming fire in a he got married, and he ended up in a and be met by the waving of the flag. theater. That is court-made law that little place called Normandy. Fortu- I was very troubled recently to see on restricts my freedom of speech. nately, he arrived several weeks after the news where so many of our reserv- What we are trying to do today with the initial invasion, but Justin wrote ists who were called up and who leave this amendment is similar. We want that he could not get over the courage families behind, families are in dire the authority to enact legislation to and commitment of 19-year-old boys straits economically. One particular say that desecration or burning the coming off landing craft. reservist left a $25,000 job to serve his symbol of our country is unjust, just as He wrote about September 11, when country and his family; his wife and yelling fire in a crowded theater is un- he looked at ordinary men and women four children had to move in with her just. who did extraordinary things across parents in very small and cramped A hallowed symbol like our flag de- the country, and the thing that united quarters. Yet we do a tax cut and cut serves to be respected and protected as them was the American flag. out the families of those who are sent a national treasure. Our flag represents Mr. Speaker, Justin concluded by to protect the freedom of Iraq and the a principle our Nation was founded on saying that most of our heroes are very freedom of America. and many people have given their lives ordinary people who do very extraor- Over the years we have made con- for. I believe it should be afforded the dinary things. He said that even structive changes to our Constitution. maximum protection we can give it though he might be ordinary, there was But in the 200 years we have enjoyed legislatively. one time when he became very extraor- its protections, we have never before For these reasons, I am proud to be a dinary, and that was when he held his changed the meaning of the Bill of cosponsor, and urge my colleagues to flag high. That united him with his Rights, not so much as a single comma, join me in supporting it. grandfather, it united him with the recognizing and protecting that docu- Mr. SENSENBRENNER. Mr. Speak- victims of 9/11, and it united him with ment as our freedom shield. I believe er, I yield 3 minutes to the gentleman all the other great heroes of this coun- that this is no time to change the first from Virginia (Mr. FORBES). try. amendment’s protection of freedom Mr. FORBES. Mr. Speaker, the issue I agree with him. I think it is time and expression, so basic and so critical that we face this afternoon is very sim- we hold this flag up high. It is time we to the way American democracy works. ple. It is whether or not the American say it really is a special piece of cloth. This is brought home especially by the flag is of such importance to the Amer- Mr. Speaker, I think it is time we sacrifice of soldiers fighting and dying ican people that their elected Rep- pass this legislation. even today to ensure that Iraqi people resentatives should have the right to Mr. NADLER. Mr. Speaker, I am de- have the right to speak and live freely protect the desecration of that flag. lighted to yield 3 minutes to the distin- and the right to protest against their I would submit that the answer to guished gentlewoman from Indiana own government. This is a fundamental that is deafening from voices from (Ms. CARSON). value of freedom’s promise, no less in every military base, local barbershop, Ms. CARSON of Indiana. Mr. Speak- Iraq, no less in the United States. restaurant, church, school, or veterans er, certainly I am totally appreciative When first I came to Congress, and each group in America. of my dear friend, the gentleman from Congress since, I raised my right hand and Last week I had the privilege to fly New York (Mr. NADLER), yielding time swore to uphold and defend our Constitution. out to the USS Roosevelt as she re- to me. Mr. Speaker, I rise today in the spirit of that turned home from her great efforts in When I first came to Congress, and oath. Iraq. Just before that great aircraft each Congress since, I raised my right Flag desecration offends us all but, above carrier made its turn into the pier, all hand and swore to uphold and defend all, we are a nation of law. Our Supreme of those sailors in white uniforms cir- our Constitution. I rise today in the Court has consistently held that behavior to be cled around the aircraft carrier and in spirit of that oath. political expression, the very sort of unpopular each of their hands was an American Flag desecration offends all of us. speech the first amendment was intended to flag. As they turned and looked at the Above all, we are a nation of law. Our protect—no matter how rude or unpleasant— pier, they all raised their flags up, and Supreme Court has consistently held political expression of opposition to the gov- the people on the pier raised their flags that behavior to be political expres- ernment. up in a great symbol of unity. sion, the very sort of unpopular speech Once again this week, in the fifth Congress If we ask any of them if the flag is the first amendment was intended to in a row, in anticipation of Flag Day we are worth protecting, they will tell us that protect. No matter how rude or uncalled upon to consider a bill to bring about an we are absolutely doing the right pleasant, political expression of opposi- amendment to the Constitution to get around thing. tion to the government is constitu- the Supreme Court’s repeated holdings that But Mr. Speaker, I will tell the Mem- tional. tampering with, insulting or defiling the flag is bers that the testimony that was most This Congress, Mr. Speaker, is made protected conduct under the first amendment, compelling to me did not come from up of people from all walks of life, of the bedrock of our Bill of Rights. any of these, or any of the testimony all political, religious, and philo- The main objective of the first amendment is before the subcommittee or the full sophical persuasions. That does not de- to stop Congress and the courts from picking committee, but it came really in the duce our patriotism among any of us. I and choosing what kinds of speech are per- unintentional testimony of my 17-year- was not born Julia Carson; I was mar- mitted. It is clear that what would be regulated old son, Justin, that convinced me of ried into the family of Carsons. My by this amendment is not physical desecration what we were doing today and that it husband, Sam Carson, was a 100 percent of the flag, but the sentiments expressed by was the right thing. service-connected Korean War veteran. the action. Justin is like a lot of teenagers, he My son, Sam Carson, is also a veteran Over the years we have made constructive does not like politics and his greatest of the Marine Corps. changes to our Constitution but in the 210

VerDate Jan 31 2003 04:22 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 9920 E:\CR\FM\K03JN7.081 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4825 years we have enjoyed its protections we protect the paramount symbol of lib- that I think is wrong. And I just say have never before changed the meaning of erty of the United States by providing this, once we breach the Bill of Rights, our Bill of Rights—not so much as a single that ‘‘the Congress shall have power to they then become relevant. Up until comma—recognizing and protecting that docu- prohibit the physical desecration of the now they are not. We breach those, ment as our freedom’s shield. flag of the United States.’’ they become relevant, believe you me I believe that this is no time to change the To desecrate the American flag is it will not be long before there will be first amendment’s protection of freedom of ex- equal to inciting a riot. Those that some on this floor talking about the pression, so basic and so critical to the way burn the flag do so for the sole purpose second amendment and why we need to American democracy works. This is brought of striking horror into the hearts of change that. home especially by the sacrifice of our sol- veterans, members of armed services So I want all the conservative think- diers fighting and dying—even today—to as- and patriots across the country. ers in this body and around the country sure the Iraqi people the right to speak and For over half a century, every single to think about what we are doing. As a live freely, and the right to protest against their State in the Union, and later the Fed- symbol, we are going over ground that own government. This is a fundamental value eral Government, outlawed flag dese- has not been plowed. Every nation has of freedom’s promise, no less so in places cration without constitutional objec- a flag only. One has a bill of rights, and where we would see freedom take new root tion. Such laws have now been negated that is why I think this is a mis- than here at home. by a single opinion that the five Jus- directed effort. However offensive such conduct may feel, tices of the United States Supreme Mr. SENSENBRENNER. Mr. Speak- the answer is not to restrict the freedom to Court rendered in 1989 in Texas v. er, I yield 2 minutes to the gentleman speak. Rather, the answer is to remind our fel- Johnson. from Indiana (Mr. HOSTETTLER). low citizens of how important unfettered polit- Countless Americans have fought and Mr. HOSTETTLER. Mr. Speaker, ical speech is to our democracy, how funda- died under our flag. Our flag stands for even though I generally do not support mental to our freedom. Supreme Court Justice our freedom as a Nation, a bulwark sig- amending the Constitution, today I rise in strong support of this proposed Robert Jackson put it well back in 1943—dur- nifying not only our sovereignty but constitutional amendment. ing World War II: ‘‘Freedom to differ is not lim- our resolve as a people against tyranny We have come here today because and terror. We must restore our great ited to things that do not matter. That would five individuals in black robes have symbol of liberty to its rightful place be a mere shadow of freedom. The test of its opined that we must tolerate flag dese- under the laws so that our ancestors substance is the right to differ as to things that cration as protected speech. As a result and immigrants, our friends and en- touch the heart of the existing order.’’ of that opinion, 48 States and the Dis- emies, will have no doubt about its Sometimes we make a law because we can trict of Columbia have decided not to value, its meaning, or the very dear and not because we should, a powerful temp- enforce their own laws prohibiting the price paid to preserve our freedom. tation we should resist. Changing the meaning desecration of the flag of the United I witnessed the desecration of hun- of the Constitution to address hateful conduct States of America. by a tiny minority is unnecessary. dreds of flags in this city this year. It Clearly, I believe the Supreme Court Together we have weathered severe crises is a sad and sickening sight. I urge you has it wrong. The flag is a unique sym- over the past 2 years, proof that we can with- to vote for H.J. Res. 4 to protect our bol that merits our special recognition. stand the ugly actions of a few misguided pro- flag that Americans have fought and The flag represents our freedom, our testers. Secretary of State Colin Powell said it died for. history, and our values as a Nation. In well, ‘‘I would not amend that great shield of Mr. NADLER. Mr. Speaker, I yield battles spanning 2 centuries in all cor- democracy to hammer a few miscreants. The myself 30 seconds. ners of the globe, the flag has served as flag will be flying proudly long after they have Mr. Speaker, last year this House and an inspiration and rallying point for slunk away.’’ the other body and the President all U.S. soldiers fighting for the ideals it Patriotism that forces reverence for national cooperated in passing legislation to im- embodies. symbols at the expense of vital constitutional prove campaign financing techniques. More than a million Americans have rights is not what our country is about. Some people say that regulated speech. given their lives in defense of our flag I will honor and celebrate the flag by taking What it did was regulate expenditures and our unique way of life. Many of a stand for liberty and to support the Constitu- of money. Many people do not consider those who gave the last full measure of tion and the Bill of Rights by voting to defeat money as speech. It is a different issue. devotion in serving their Nation were this proposal. Mr. Speaker, I yield 2 minutes to the honored with a flag draped over their Mr. SENSENBRENNER. Mr. Speak- gentleman from Tennessee (Mr. TAN- caskets. This proposed amendment er, I yield myself 30 seconds. NER). places the debate exactly where our Mr. Speaker, I am getting a little (Mr. TANNER asked and was given framers intended for it to take place, sick of hearing that this is an assault permission to revise and extend his re- in the town halls across America. It is on the first amendment. We are using marks.) the American people, not the Supreme constitutional processes to overturn a Mr. TANNER. Mr. Speaker, I rise to Court, that have the ultimate responsi- Supreme Court decision that made no oppose what I think is a well inten- bility to answer constitutional ques- sense. tioned but misguided effort here to tions. And that is encouraging to me, Now, last year a lot of my colleagues, amend the first amendment, the Bill of Mr. Speaker, because as it was sug- not me, voted for a campaign finance Rights. gested earlier that we act today to reform bill that significantly restricted Every nation on Earth that I know of amend the Constitution because of the people’s rights to express themselves has a flag. There is only one that has a vulgarization of society, I believe we on political issues. And that was ema- bill of rights and that is us. And that is are here actually today because of the ciated by a lower Federal court, and it the difference here. Every repressive facilitation of the vulgarization of so- probably will be declared unconstitu- regime I know of throughout history ciety by the highest Court in the land, tional as well by the Supreme Court. has tried in some form or another to the Supreme Court of the United So let us be consistent, the first repress the destruction of whatever States. amendment is not absolute. they have consider symbolic. Again, Forty-nine State legislatures, includ- Mr. Speaker, I yield 2 minutes to the every nation on Earth has a flag. There ing my home State of Indiana, have gentleman from Iowa (Mr. KING). is only one that has a bill of rights, and passed resolutions asking that Con- Mr. KING of Iowa. Mr. Speaker, I that is us. We are talking about the gress approve this amendment to the thank the gentleman for yielding me first amendment. Constitution. Moreover, Mr. Speaker, I time. I wish to associate myself with For Congress to knowingly give to find the words of the Pledge of Alle- the gentleman’s remarks just previous the government the power to prescribe giance telling: ‘‘I Pledge Allegiance to and also restate the Supreme Court has what is permissible protest when that the flag of the United States of Amer- changed the meaning of the Bill of protest does not affect any other free- ica and to the republic for which it Rights. That is why we are here today. doms, nor does it physically harm any- stands.’’ I am a cosponsor of House Joint Res- body else, but yet give to the govern- I would underscore that this simple olution 4, which empowers Congress to ment the right to prescribe limits on phrase recited every morning in this

VerDate Jan 31 2003 04:22 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.019 H03PT1 H4826 CONGRESSIONAL RECORD — HOUSE June 3, 2003 very Chamber pledges our allegiance Mr. PAUL. Mr. Speaker, I thank the much money in the Defense budget not only to the Republic but to the flag gentleman for yielding me time. goes to militarism that does not really itself. Mr. Speaker, others will argue Mr. Speaker, I rise in opposition to protect our country. I do not believe that the ideals of the flag are the only this amendment. I do not believe much that is being unpatriotic. things that are worth protecting. I good will come of it. A lot of good in- Mr. Speaker, let me summarize why I op- must respectfully disagree with their tentions are put into the effort, but I pose this Constitutional amendment. I have argument. see no real benefit. myself served 5 years in the military, and I The flag itself occupies a unique It was mentioned earlier that those have great respect for the symbol of our free- place in our Republic. It is the one who supported campaign finance laws dom. I salute the flag, and I pledge to the flag. symbol that merits our allegiance. were inconsistent. And others would I also support overriding the Supreme Court Why do we continue to pledge our devo- say that we do not have to worry about case that overturned State laws prohibiting tion and support to a flag if we are not the first amendment when we are deal- flag burning. Under the Constitutional principle willing to protect it from desecration? ing with the flag amendments. But I of federalism, questions such as whether or I urge my colleagues to support the would suggest there is another posi- not Texas should prohibit flag burning are proposed amendment. tion. Why can we not be for the first strictly up to the people of Texas, not the Mr. NADLER. Mr. Speaker, I yield 2 amendment when it comes to campaign United States Supreme Court. Thus, if this minutes to the distinguished gentle- finance reform and not ask the govern- amendment simply restored the State’s au- woman from Ohio (Mrs. JONES). ment to regulate the way we spend our thority to ban flag burning, I would enthusiasti- (Mrs. JONES of Ohio asked and was money and advertise, at the same time cally support it. given permission to revise and extend we protect the first amendment here? However, I cannot support an amendment her remarks.) It seems that that consistency is ab- Mrs. JONES of Ohio. Mr. Speaker, I to give Congress new power to prohibit flag sent in this debate. thank the ranking member for yielding burning. I served my country to protect our It is said by the chairman of the com- me time. freedoms and to protect our Constitution. I be- When I was a little girl in elementary mittee that he does not want to hear lieve very sincerely that today we are under- school and I learned the Pledge of Alle- much more about the first amendment. mining to some degree that freedom that we giance, I was so very proud. Even in my We have done it before, so therefore it have had all these many years. French class our French teacher must be okay. But we should not give Mr. Speaker, we have some misfits who on taught us how to say the Pledge of Al- up that easily. occasion burn the flag. We all despise this be- legiance in French. As I stand here He suggested that we have amended havior, but the offensive conduct of a few today, I know I can still remember the Constitution before when the does not justify making an exception to the those words. courts have ruled a certain way. And First Amendment protections of political I am so pleased to hear so many talk he says absolutely right, we can do speech the majority finds offensive. According about allegiance to the flag and to the that and we have done that. But to use to the pro-flag amendment Citizens Flag Alli- Republic, and they drape themselves in the 16th amendment as a beautiful ex- ance, there has been only 16 documented the flag and talk about all these issues ample of how the Congress solves prob- cases of flag burning in the last two years, that are important to them; yet I have lems, I would expect the same kind of and the majority of those cases involved van- stood here on the floor of the House dilemma coming out of this amend- dalism or some other activity that is already and listened to my colleagues pass leg- ment as we have out of the 16th amend- punishable by local law enforcement! islation that denies liberty and justice ment which, by the way, has been ques- Let me emphasize how the First Amend- for all in this country. tioned by some historians as being cor- ment is written, ‘‘Congress shall make no I have seen us pass legislation that rectly ratified. law.’’ That was the spirit of our Nation at that denies liberty and justice for all with I think one of our problems has been time: ‘‘Congress shall make no laws.’’ regard to the child care credit. I have that we have drifted away from the Unfortunately, Congress has long since dis- seen them deny liberty and justice for rule of law, we have drifted away from regarded the original intent of the Founders all for a whole lot of reasons. But what saying that laws ought to be clear and and has written a lot of laws regulating private I say to you today is this debate is not precise and we ought to all have a lit- property and private conduct. But I would ask about that piece of material up there, tle interpretation of the laws. my colleagues to remember that every time The gentleman earlier had said that the flag that we all revel. This debate we write a law to control private behavior, we there are laws against slander so there- is merely about whether we are going imply that somebody has to arrive with a gun, fore we do violate the first amendment. to stand here and be divided, one side because if you desecrate the flag, you have to Believe me, I have never read or heard or the other, about whether or not peo- punish that person. So how do you do that? about a legislative body or a judge who ple have a right to free expression and You send an agent of the government, per- argued that you can lie and commit a right to free speech. And I stand with haps an employee of the Bureau of Alcohol, fraud under the first amendment. But those who are entitled to free speech Tobacco and Flags, to arrest him. This is in the first amendment does say ‘‘Con- and a right to speak out on their own. many ways patriotism with a gun—if your ac- I love the flag. All of us love the flag. gress shall write no laws.’’ That is pre- tions do not fit the official definition of a ‘‘pa- But let us not fool anybody about why cise. So even the laws dealing with triot,’’ we will send somebody to arrest you. we are debating the issue. It would be fraud and slander should be written by Fortunately, Congress has modals of flag great. I even heard someone talk about the States. This is not a justification desecration laws. For example, Sadam Hus- African American soldiers. My father for us to write an amendment that says sein made desecration of the Iraq flag a crimi- was an African American soldier. He is Congress shall write laws restricting nal offense punishable by up to 10 years in 83 years old. He was denied his rights of expression through the desecration of prison. liberty and justice because he had to the flag. serve in a segregated Army, and he It is assumed that many in the military sup- b 1600 talks to me about that all the time. port this amendment, but in fact there are vet- So let us get real. Let us talk about So we do not know what the laws are, erans who have been great heroes in war on the facts, and let us say the only rea- but when the laws are written, that is both sides of this issue. I would like to quote son we are up here debating this issue when the conflict comes. a past national commander of the American is because there are some who want to This amendment, as written so far, Legion, Keith Kreul. He said: deny people the right of free expression does not cause the conflict. It will be Our Nation was not founded on devotion to and the right of free speech. So I stand the laws that will be written and then symbolic idols, but on principles, beliefs and here opposed to this resolution. we will have to decide what desecration ideals expressed in the Constitution and its Mr. SENSENBRENNER. Mr. Speak- is and many other things. Bill of Rights. American veterans who have Earlier in the debate it was said that protected our banner in battle have not done er, I yield 3 minutes to the gentleman so to protect a golden calf. Instead, they car- from Texas (Mr. PAUL). an individual may well be unpatriotic ried the banner forward with reverence for (Mr. PAUL asked and was given per- if he voted against a Defense appropria- what it represents, our beliefs and freedom mission to revise and extend his re- tion bill. I have voted against the De- for all. Therein lies the beauty of our flag. A marks.) fense appropriation bill because too patriot cannot be created by legislation.

VerDate Jan 31 2003 04:22 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 9920 E:\CR\FM\K03JN7.085 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4827 Secretary of State, former Chairman of the rights of the individual states to ban flag burn- being nibbled by small men with press Joint Chiefs, and two-time winner of the Presi- ing, free from unconstitutional interference by secretaries. If flag burners offend us, do dential Medal of Freedom, Colin Powell has the Supreme Court. not beat a cowardly retreat by rushing also expressed opposition to amending the Mr. NADLER. Mr. Speaker, I yield 5 to ban them. Protesters, like grapes, constitution in this manner: minutes to the distinguished gen- cannot be eliminated by stomping on I would not amend that great shield of de- tleman from New York (Mr. ACKER- them. Meet their ideas with bigger mocracy to hammer out a few miscreants. MAN). ideas for an ever better America to pro- The flag will be flying proudly long after (Mr. ACKERMAN asked and was tect the flag by protecting democracy, they have slunk away. given permission to revise and extend not by retreating from it. Mr. Speaker, this amendment will not even his remarks.) We cannot kill a flag. It is a symbol, reach the majority of cases of flag burning. Mr. ACKERMAN. Mr. Speaker, I love and yes, patriots have died; but recall When we see flag burning on television, it is our flag and that for which it stands. It what they have died for. They have usually not American citizens, but foreigners stands for a Nation founded by people died for liberty. They have died for de- who have strong objections to what we do fleeing from an oppressive regime. It mocracy. They have died for the right overseas, burning the flag. This is what I see stands for freedoms, not the least of to speak out in protest. They have died on television and it is the conduct that most which is the freedom of opinion and the for values. angers me. unimpeded expression thereof, includ- The flag is a symbol of those values. One of the very first laws that Red China ing the freedom to protest. What they died for are American prin- passed upon assuming control of Hong Kong Bear in mind, this was a Nation ciples. Saying that people died for the was to make flag burning illegal. Since that founded by protesters. When our flag is symbolic language. The Con- time, they have prosecuted some individuals Founding Fathers sought to guarantee stitution gives us our rights. The Con- for flag burning. Our State Department keeps these freedoms, they created not a flag stitution guarantees our liberties. The records of how often the Red Chinese per- but a Constitution, debating the mean- Constitution embodies our freedoms. It secute people for burning the Chinese flag, as ing of each and every word, every is our substance. The flag is the symbol it considers those prosecutions an example of amendment, every one of which gives for which it stands. how the Red Chinese violate human rights. people rights. They did not debate a True patriots choose substance over flag. The flag would become a symbol Those violations are used against Red China symbolism. Diminish one right and it of these rights. in the argument that they should not have shall forever stand for less. Do not pass There are those who would have this amendment. Do not diminish the most-favored-nation status. There is just a bit fewer rights. Why? What is the threat of hypocrisy among those members who claim Constitution. Do not cheapen the flag. to the Republic that drives us to erode Mr. SENSENBRENNER. Mr. Speak- this amendment does not interfere with funda- the Bill of Rights? er, I yield 2 minutes to the gentleman mental liberties, yet are critical of Red China Well, someone burned the flag. What- from Virginia (Mr. GOODLATTE). for punishing those who burn the Chinese flag. ever happened to fighting to the death (Mr. GOODLATTE asked and was Mr. Speaker, this is ultimately an attack on for somebody’s right to disagree? We given permission to revise and extend private property. Freedom of speech and free- now choose instead to react by taking his remarks.) dom of expression depend on property. We do away a form of the right to protest. Mr. GOODLATTE. Mr. Speaker, I not have freedom of expression of our religion Most people abhor flag burners, but thank my chairman for yielding me the in other people’s churches; it is honored and even a despicable, low-life malcontent time. respected because we respect the ownership has a right to disagree and disagree in Mr. Speaker, I rise in strong support of the property. The property conveys the right an obnoxious fashion if he wishes. That of this resolution to amend the Con- of free expression, as a newspaper would or is the true test of free expression, and stitution to give the Congress the au- a radio station. Once Congress limits property we here are about to fail that test. thority to prevent the physical dese- rights, for any cause, no matter how noble, it These are rare but vile acts of desecration of the American flag, and I limits freedom. cration that have been cited by those would note the comments of the gen- Some claim that this is not an issue of pri- who would propose changing our found- tleman from New York, citing some vate property rights because the flag belongs ing document, but these acts do not dictators who have prohibited destroy- to the country. The flag belongs to everybody. harm anybody. If a jerk burns a flag, ing flags, and would point out that But if you say that, you are a collectivist. That America is not threatened. If a jerk many others of a very different mind- means you believe everybody owns every- burns a flag, democracy is not under set have strongly supported this, in- thing. So why do American citizens have to siege. If a jerk burns a flag, freedom is cluding President Abraham Lincoln. spend money to obtain, and maintain, a flag if not at risk. We are offended. To change Many justices of the Supreme Court, as the flag is community owned? If your neigh- our Constitution because someone of- disparate in their views as Earl Warren bor, or the Federal Government, owns a flag, fends us is, in itself, unconscionable. and William Rehnquist and Hugo Black even without this amendment you do not have Hitler banned the burning of the flag. have found that the laws of the many the right to go and burn that flag. If you are Mussolini banned the burning of the States prohibiting the desecration of causing civil disturbances, you are liable for flag. Saddam banned the burning of the the flag to be constitutional, and it is your conduct under state and local laws. But flag. Dictatorships fear flag burners. only because of a narrow five-four ma- this whole idea that there could be a collective The reason our flag is different is be- jority at one moment in time in our ownership of the flag is erroneous. cause it stands for burning the flag. Court’s history, finding these laws to Finally, Mr. Speaker, I wish to point out that Though we in proper suits may decry be unconstitutional and overturning by using the word ‘‘desecration,’’ which is tra- the protests and the protestors and the the work of 48 States and the District ditionally reserved for religious symbols, the flag burners, protecting their right is of Columbia, that it is necessary for authors of this amendment are placing the the true stuff of a democracy. The real the Congress to address this. symbol of the state on the same plane as the threat to our society is not the occa- I would argue to the gentleman from symbol of the church. The practical effect of sional burning of a flag, but the perma- Texas, for whom I have respect, that this is to either lower religious symbols to the nent banning of the burners. The real we are turning away from the rule of level of the secular state, or raise the state threat is that some of us have now mis- law when we do not recognize that with symbol to the status of a holy icon. Perhaps taken the flag for a religious icon to be freedom comes responsibility, and we this amendment harkens back to the time worshiped as pagans would, rather than have always recognized in the first when the state was seen as interchangeable to be kept as the beloved symbol of our amendment that there are a number of with the church. In any case, those who be- freedom that is to be cherished. instances in which free speech is lim- lieve we have ‘‘no king but Christ’’ should be It is not the flag burners who threat- ited. A person cannot shout fire in a troubled by this amendment. en democracy. Rather, it is those who crowded theater. They cannot engage We must be interested in the spirit of our would deny them. In the name of our in slander or libel. They cannot engage Constitution. We must be interested in the Founding Fathers, save us from those in fighting words. There are a number principles of liberty. I therefore urge my col- who would put up this defense. of such restrictions, and certainly, the leagues to oppose this amendment. Instead, The Constitution was written by in- prohibition on the physical act of de- my colleagues should work to restore the tellectual giants and is here today stroying a flag should be included

VerDate Jan 31 2003 05:56 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.021 H03PT1 H4828 CONGRESSIONAL RECORD — HOUSE June 3, 2003 amongst them because it is the equiva- ing with these malcontents. As the late our flag represents, and the desecration lent of fighting words to burn a flag in Justice Brennan wrote in the Supreme of our great flag is an assault on their front of a group of veterans who put Court of Texas v. Johnson, ‘‘The way to sacrifice. their lives on the line for their country preserve the flag’s special role is not to Police officers and firefighters, as and fought for the freedom which that punish those who feel differently about well, wear the flag on their sleeves flag represents. these matters. It is to persuade them each and every day as they do their This is a very basic, very straight- that they are wrong.’’ duty to protect our communities. And forward amendment supported by the That is what Thomas Jefferson on September 11, every American wit- overwhelming majority of the Amer- talked about, that the best response to nessed those brave firefighters raising ican people, and I urge my colleagues wrong speech was right speech, not Old Glory out of the rubble of the to support this resolution. prohibiting speech. World Trade Center. That was a symbol Mr. NADLER. Mr. Speaker, I yield Our traditions, our values, our demo- of America’s resolve that our freedom 41⁄2 minutes to the distinguished gen- cratic principles, all embodied in our will reign even in the face of unprece- tleman from Maryland (Mr. HOYER), Constitution and the Bill of Rights, dented terror. the minority whip. should not be overridden to prohibit To allow the desecration of the flag (Mr. HOYER asked and was given this particularly offensive manner of is to give hope to those whose goal it is permission to revise and extend his re- speech, no matter how much we may to destroy our freedom. I urge my col- marks.) disagree with it or how much contempt leagues to stand up for the freedom Mr. HOYER. Mr. Speaker, it has been we may have for those who would ex- that the flag represents, to stand up for said before and will be said again that press themselves in such an inappro- those who have fought and died to de- everyone who speaks on this amend- priate and negative way. fend our freedom, to stand up for those ment loves this flag that hangs behind The inflammatory actions of a few who protect our communities and our me as a symbol of the greatest democ- misfits cannot extinguish, it must not Nation, to stand up for our flag. racy on the face of the earth, as a sym- extinguish, our ideals. We can only do Mr. NADLER. Mr. Speaker, I yield 2 bol of the country that has dem- that ourselves, and I submit that a minutes to the distinguished gen- onstrated throughout history the constitutional amendment to restrict tleman from Georgia (Mr. MARSHALL). greatest countenance in the principles speech, even speech as this, is the sur- Mr. MARSHALL. Mr. Speaker, I rise for which that flag stands. est way to stoke the embers of those today as a law professor who fiercely It gives me absolutely no pleasure to who will push for even more restric- believes in the first amendment, but I oppose this proposed constitutional tions. am also the son and grandson of Army amendment providing the physical ‘‘America’’ is one of the great songs, generals and a veteran of ground com- desecration of our flag. I believe people and one of the lines from that song is bat in Vietnam. ought not to engage in that kind of ac- ‘‘Long may thy land be bright with I accept the argument that I, my fa- tivity, but our flag is more than mere freedom’s holy light.’’ Freedom is not ther, my grandfather, other relatives, cloth. It is a universal symbol for free- allowing those with whom we agree to many of whom were wounded, some of dom, democracy and liberty, and it will express their opinion; it is allowing whom died, did not fight for a piece of continue to be so for so long as the those with whom we deeply disagree to cloth, but rather for what it symbol- symbols for which it stands flies high express theirs. izes. Yet our memories and emotions in the hearts of every American. That Long may this land be bright with are inextricably intertwined with that is where it needs to fly high, in our freedom’s holy light. That is our re- cloth itself. And the cloth symbolizes a hearts and in our intellect. sponsibility. That is our oath. country whose Constitution is not writ Those who would desecrate it only Mr. SENSENBRENNER. Mr. Speak- in stone, immutable for all time. In- seek to grab attention for themselves er, I yield myself 1 minute. stead, our Constitution establishes a and inflame the passions of patriotic Mr. Speaker, this proposed constitu- process for its amendment. Americans. Without doubt, they de- tional amendment does not restrict Mr. Speaker, no harm or violence is serve both our contempt and our pity anybody from saying whatever they done here to our constitutional system for their stupidity, but while I appre- want to say about the flag, about the by an amendment designed to respect ciate and respect the motivations of government, about their opinions of the memories and emotions that are those who offer and support this any public official, of any candidate for inextricably interwoven with the cloth amendment, I will oppose it for the office, of the policies that have been of our flag. In fact, I believe that re- reasons so eloquently articulated by made by the Federal Government, the specting those memories and emotions the gentleman from Texas (Mr. PAUL) State government or the local govern- nourishes a vital spirit in this country, and Senator MCCONNELL of Kentucky. ment. What it does do is to prohibit of- the spirit of individual sacrifice in In opposing a similar amendment a fensive acts, such as burning the flag combat for the good of the country. few years ago, Senator MCCONNELL or, in my own State, using the Johnson Our country’s great freedoms were stated that it ‘‘rips the fabric of our and Eichman decisions, the State Su- won and enjoyed today because of the Constitution at its very center, the preme Court said that defecating on selfless sacrifices of countless, often first amendment.’’ That was Senator the flag was an act that was a pro- nameless, sometimes unknown heroes. MCCONNELL. He added, ‘‘Our respect tected political expression under the Amending the Constitution to prohibit and reverence for the flag should not first amendment to the United States flag desecration is a small way to provoke us to damage our Constitu- Constitution. thank these individuals who cannot be tion, even in the name of patriotism.’’ The only way to put sense back into thanked enough. And this amendment The question before us today is how the law is to pass H.J. Res. 4. is a small price to pay if it strengthens we, the United States of America, the Mr. Speaker, I yield 1 minute to the our Republic and helps ensure its fu- greatest democracy the world has ever gentlewoman from Michigan (Mrs. MIL- ture. known, the greatest bastion of freedom LER). Mr. SENSENBRENNER. Mr. Speak- the world has ever known, a bastion of Mrs. MILLER of Michigan. Mr. er, I yield 2 minutes to the gentleman freedom that remains free because of Speaker, I rise today to defend not from Texas (Mr. SAM JOHNSON). the efforts of the Duke Cunninghams only the flag of the United States, but (Mr. SAM JOHNSON of Texas asked and the Sam Johnsons and so many also what it stands for and for those and was given permission to revise and others who risked their lives to main- who have defended it throughout our extend his remarks.) tain that freedom, the question before Nation’s history. Mr. SAM JOHNSON of Texas. Mr. us is how to deal with those individuals Speaker, the gentleman from Cali- who dishonor our Nation in this man- b 1615 fornia (Mr. CUNNINGHAM) made the ner. The American flag is the greatest statement, and it is true, that during Mr. Speaker, a constitutional amend- symbol of hope and freedom in the our Civil War flag desecration was re- ment, in my opinion, is neither the ap- world. Countless Americans have garded as treasonous and punishable by propriate nor the best method for deal- fought and died for the freedom that death.

VerDate Jan 31 2003 04:22 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.089 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4829 Today’s resolution brings to mind That is the close of the quote from wrong, or the conduct of our troops is when I was a POW in Vietnam. All they this article from ‘‘The Retired Officer’’ terrible, or whatever they may say told us was that there were demonstra- by James Warner, former prisoner of that we may find disagreeable, out- tions here in this country; that people war in Vietnam. rageous and horrible, the glory of this were burning our flag; that people were Mr. Speaker, the truth of the matter country is that we give them the free- against the war. And you know what is we have heard today that desecra- dom to say it. And when someone burns that did for our morale? Nothing. It tion of the flag ought to be made un- a flag, and again there is no epidemic was bad. We need to stop that. constitutional because it is not valid of flag burning, this amendment is I well remember when, at our home- speech. True, the first amendment is really directed not at an existent prob- coming, which was the day the longest- not absolute. We do not allow people to lem, or has not existed really in the held prisoners left Vietnam for Amer- yell fire in a crowded theater unless last 30 years of any size, but when you ica, and I was part of that group, I re- there is evidence that there is a real burn a flag and say respectful things, member cheering when we got out over fire. The Supreme Court ruled that that is okay, because the law says that the water. And looking out the window many years ago. But the core protec- is okay; but when you burn a flag and of our C–130 as we got in to Clark Air tion of the first amendment is for say disrespectful things, that is not Base, guess what we saw? The Amer- ideas, for outrageous ideas, for obnox- okay, what these circumstances say ican flag, the flag of the United States ious ideas, for ideas that we find hor- and that what we are really legislating of America, with all the people on that rible and offensive and dangerous. against is the speech and not the act. base out to welcome us waving those Our philosophy, what makes this The act, accompanied by the right flags. Not one of them was burning it country different and unique, is that circumstances, would never be out- or desecrating it. They were draped on this country is built on a foundation, lawed. We would not prosecute people the hangars, they were draped on the the foundation being the belief in free- who desecrated the flag as part of a dom, in liberty, in the fact that, not al- buses. What I remember most was how movie or a play when they were por- ways the case but we fervently believe happy everyone looked, including those traying enemy soldiers, Nazi soldiers, in the fact that good ideas will drive of us who were returning to this coun- or Chinese soldiers in the Korean War, out of the marketplace of bad ideas; try to see the American flag hanging because we do not think they mean it. that good speech will defeat bad from a hangar. What do they not mean? The speech. It speech. And we do not legislate against We are truly blessed to call America is the ideas and the speech that we are bad speech; we do not legislate against the land of the free and the home of the outlawing by such an amendment. brave, and I do not think we should dis- speech that we disagree with or find That is at the core of protected speech, respect all she stands for and all those outrageous. at the core of the first amendment, at who have fought for her. We need to Now, we have heard, of course, that the core of the values we are supposed protect this great flag. Vote for this we are not talking about speech here, to hold dear. And that is why this amendment. we are talking about expressive acts. Mr. NADLER. Mr. Speaker, how But the fact of the matter is, again, we amendment is so wrongheaded and much time do I have left, please? are talking about speech. We are talk- ought not to be adopted. The SPEAKER pro tempore (Mr. ing about speech that people are fright- Mr. Speaker, I yield back the balance of my time. THORNBERRY). The gentleman from ened of and outraged about because it Mr. SENSENBRENNER. Mr. Speak- New York (Mr. NADLER) has 20 minutes offends them. Because, again, the very remaining, and the gentleman from acts we would be outlawing or permit- er, I yield myself the balance of my time. Wisconsin (Mr. SENSENBRENNER) has ting Congress to outlaw with this Mr. Speaker, the Constitution of the 171⁄2 minutes remaining. amendment would not, by anybody’s United States was ratified and came Mr. NADLER. Mr. Speaker, I yield stretch of the imagination, be outlawed myself such time as I may consume. unless accompanied by the wrong into effect in 1789. For 200 years, no- Mr. Speaker, first let me comment on speech. body seriously said that desecrating what was just said by the distinguished Again, as the gentleman from Vir- the American flag violated the first gentleman from Texas, by reading an ginia earlier today told us, and as I amendment to the Constitution. In article written by a prisoner of war mentioned in my opening remarks, the fact, the Federal Government, 48 named James Warner. He wrote in recommended manner, recommended States and the District of Columbia ‘‘The Retired Officer’’ on September of by the law, of disposing of a flag is to passed statutes declaring flag desecra- 1989 of his experience as a prisoner of burn it. So, again, if you burn the flag, tion criminal conduct and prescribing war in Vietnam. He writes as follows: and while you burn it you say respect- criminal penalties. ‘‘We could subvert them,’’ meaning ful things, that is wonderful. But if you It was only after 200 years and the his torturers, the North Vietnamese, burn the flag while saying what a ter- Vietnam War that a flag desecration ‘‘by teaching them about freedom rible policy the current administration case claiming that first amendment through our example. We could show is following or if you burn the flag rights were violated reached the Su- them the power of ideas. I did not ap- while saying what a terrible policy we preme Court of the United States. And preciate this power before I was a pris- are conducting and that we do not like what were the facts of the Johnson oner of war. I remember one interroga- this country, then we would make that case? The Johnson case did not involve tion, where I was shown a photograph criminal. Why? Not because the act of protesting the Vietnam War. It was of some Americans protesting the war the flag burning is any different than burning the flag in front of the 1984 Re- by burning a flag. There, the officer,’’ when it was done with respectful publican National Convention that was that is the enemy officer, ‘‘there, the words, but because in the one case the held in Dallas. officer said, people in your country words were respectful and in the other Five years later, the case reached the protest against your cause. That case the words were obnoxious. Supreme Court. They decided, by a 5 to proves that you are wrong. No, I said, I agree the words are obnoxious. But 4 margin, that flag desecration was po- that proves that I am right. In my the whole idea of freedom is to protect litical expression that enjoyed con- country we are not afraid of freedom, obnoxious words, especially obnoxious stitutional protection. And that was even if it means that people disagree words or words that I or you may re- the first time in over 200 years of this with us. The officer was on his feet in gard as obnoxious, though someone Constitution being affected that the an instant, his face purple with rage. else may regard as fine and intelligent. courts ruled that that type of activity He smashed his fist onto a table and That is their privilege. That is what was constitutionally protected. screamed at me to shut up. While he freedom is about. The freedom of I agree with what Chief Justice was ranting, I was astonished to see speech is not freedom for what we Rehnquist said in the dissenting opin- pain, compounded by fear in his eyes. I agree with, but freedom for what we ion: ‘‘I cannot agree that the first have never forgotten that look, nor find outrageous. Not just disagreeable, amendment invalidates the act of Con- have I forgotten the satisfaction I felt but outrageous. gress and the laws of 48 of the 50 States at using his tool, the picture of the When someone criticizes our country which made criminal the public burn- burning flag, against him.’’ and says the war we are fighting is ing of the flag.’’

VerDate Jan 31 2003 04:22 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.091 H03PT1 H4830 CONGRESSIONAL RECORD — HOUSE June 3, 2003 If Members agree that the first that will restore the American flag to its rightful It is that common bond which brings us to amendment does prohibit this, then position of honor. I share much of the feelings this point, where we can elevate the Stars and vote ‘‘no’’ on the constitutional of my predecessor in this seat: the Honorable Stripes above the political fray, and carry out amendment. I do not impugn anybody’s Gerald Solomon. It has been a long time com- the will of the vast majority of the American patriotism. This is a legitimately held ing since that tragic day in 1989 when five Su- people. It is only appropriate, that the Con- political position. But if my colleagues preme Court justices decided it was OK to stitution, our most sacred document, include think that the Constitution should burn the flag and thereby hurt so many feel- within its terms, a protection of Old Glory, our allow a criminal statute to prevent the ings around this country. That is why I am so most sacred and beloved national symbol. All public desecration of the American proud to cosponsor this amendment on behalf that is required now, is for each of us to draw flag, the only way this can be accom- of the American people. Today, we are going upon our patriotic fire, and do all we can to ef- plished is through the strong medicine to hear the same arguments against this fect this demanded change to our Constitution. of amending the Constitution. amendment that we have heard for years now. Please vote for this constitutional amendment. The Supreme Court has twice said I respect the opinions of those opponents. Mr. VAN HOLLEN. Mr. Speaker, my father that if this is attempted to be done by That is their first amendment right. served in World War II and when I look at the statute, the first amendment is vio- But, Mr. Speaker, supporters of this amend- American flag I see the sacrifices he and our lated. I think that the government ment come to the floor today with the over- nation’s troops and veterans have made for us should be able to prevent the physical whelming support of nearly 80 percent of the to be able to live freely. An important part of desecration of the American flag no American people. They are people from all that freedom is the ability of our citizens to ex- matter how it is done. That is why I walks of life: from religious organizations like press themselves in any way that does not in- support this amendment, and I would the Knights of Columbus and the Masonic Or- fringe on the rights of others. That is what sets hope that over two-thirds of the Mem- ders, from civic organizations like the Polish the United States apart from so many other bers of this House of Representatives and Hungarian and Ukrainian federations, nations. Our constitutionally assured freedom will support this amendment when we from fraternal organizations like the Benevo- of speech serves as a check against govern- vote on it shortly. lent Order of Elks, Moose International, and ment oppression and injustice. Mr. S0UDER. Mr. Speaker, for more than the Federation of Police, and from other The Supreme court has held in several im- two hundred years, the American flag has oc- groups like the National Grange and Future portant First Amendment cases that a person cupied a unique position as the symbol of our Farmers of America. may desecrate a flag, so long as a danger is nation. During the Second World War, U.S. Perhaps most impressive is the resounding not created. In 1989, the Supreme Court stat- Marines fought hand to hand against thou- support from the States around this country. ed in Texas V. Johnson that any speech, par- sands of Japanese at Iwo Jima. Upon reach- All 50 States support this Flag Protection ticularly such intentionally expressive and ing the top of Mount Suribachi, a group of Amendment. After all, when have all 50 States overtly political speech as the burning of the these Marines raised a piece of pipe and from agreed on anything? flag, is protected; it is within the realm of lib- one end fluttered a flag. This ascent cost Some opponents of this amendment claim it erties which our constitution guarantees us. nearly 6,000 American lives. As you know, the is an infringement of their First Amendment Our government cannot dictate how we ex- Iwo Jima Memorial in Arlington National Cem- rights of freedom of speech, and they claim if press ourselves politically, so long as we do etery memorializes that event. There would the American people knew it, they would be not endanger or violate the rights of others. seem to be little question about the power of against this amendment. Well, there is a Gal- While I personally find the desecration of Congress to prohibit the mutilation of this lup poll taken of people outside the Beltway— this country’s flag to be reprehensible, even monument. The flag itself can be seen as a that is real people, you know, real down-to- more important than the flag itself is the free- monument, subject to similar protection. earth people. Seventy-six percent of the peo- dom and liberty it represents. It is a sad day It is true that a person may, in a sense, ple in that poll say ‘‘No,’’ a constitutional when, in the name of patriotism, we limit the ‘‘own’’ the flag. But this ownership is subject to amendment to protect our flag would not jeop- freedoms enshrined in the First Amendment of special burdens and responsibilities. Congress ardize their right of free speech. In other the constitution. The flag is a symbol of the has prescribed detailed rules for the design of words, the American people do not view flag principles and freedoms that make our country the flag, the time and occasion of the flag’s burning as a protected right, and they still great. When we encroach upon those free- display, the position and manner of its display, want this constitutional amendment passed, doms, we risk doing far more harm to our na- respect for the flag and conduct during hoist- no matter what. tion than any flag burner could ever do. ing, and lowering and passing the flag. With Mr. Speaker, we should never stifle speech, Mr. LARSON of Connecticut. Mr. Speaker, I the exception of Alaska and Wyoming, all the and that is not what we are seeking to do here regret that due to a family medical emergency States have statutes prohibiting the burning of today. People can state their disapproval for I could not be present today during the debate the flag. this amendment. They can state their dis- and votes on H.J. Res. 4, a proposed amend- When the desecration of the flag is used as approval for this country, if they want to. That ment to the Constitution of the United States a protest, far more than a single flag is being is their protected right. However, it is also the to make burning or otherwise desecrating a violated. The devotion of every American who right of the people to redress their grievances United States flag a federal offense. I would, has expended their blood, sweat, and tears for and amend the Constitution as they see fit. however, like to submit this statement for the this great nation is being battered. This They are asking for this amendment. There- record so that my position on this resolution is amendment takes on even more importance fore, I am asking you to send this amendment clear. given the events of September 11th. After to the States and let the American people de- The flag burning amendment is an emo- watching the horrific events unfold on tele- cide. That is really what America is all about. tional issue that in my opinion cuts to the core vision, our nation came together through the And speaking of America, what is more im- of the things we hold dear and value as a na- patriotic display of old glory. The flag became portant than Old Glory. It is what makes us tion. I do not question anyone’s patriotism or a rallying point and sent a message to our en- Americans—and not something else. Over the conviction no matter where they stand on this emies that we will not back down. past two centuries and especially in recent issue. Mine is a matter of record. As a mem- I commend the gentleman from California years, immigrants from all over this world have ber of the Connecticut State Senate I voted to for this important piece of legislation. As it is flocked to America, knowing little about our protect the flag, I did so not to limit peoples’ phrased, H.J. Res. 4 would permit Congress culture and our heritage. But they know a lot freedom of expression, but to limit hateful be- to enact laws addressing physical desecration about our flag and respect it! Salute it—pledge havior. Burning the flag is not speech, and as of our flag. Passage of this legislation through allegiance to it. Mr. Speaker, it is the flag, an expression it seeks to engender hate. both the House and Senate would allow the which has brought this diverse group together, I am not a constitutional scholar, but have American people to vote on this amendment. and made them Americans. No matter what long felt that honoring my father’s memory and In doing so we will not only affirm the right to our ethnic differences; no matter where we that of so many veterans of his generation and speak one’s opinions, but also to protect the come from, whether it is up in the Adirondack mine, who have given their lives in defense of symbol of those freedoms that thousands of Mountains of New York where I come from or the nation should be afforded the respect they Americans have died giving their last full Los Angeles, California; no matter what our richly deserve. I do not believe that we endan- measure of devotion to protect. ideology point of view, be it liberal or conserv- ger our freedom by protecting the flag and Mr. SWEENEY. Mr. Speaker, I cannot tell ative, we are all bound together by those honoring their memory. you how excited I am that we are finally going uniquely American qualities represented by While I do support this proposed amend- to have the chance to pass this amendment our flag. ment, and have voted for it in the past, I also

VerDate Jan 31 2003 04:22 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 9920 E:\CR\FM\K03JN7.093 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4831 understand and respect the opinions of those Mr. VITTER. Mr. Speaker, I rise today in all three. Unlike many members of Congress, who have expressed concern about the possi- strong support of House Joint Resolution 4 to however, Powell can differentiate between bility that this amendment could affect First ban the desecration of the United States flag. our sweet liberty and a cherished symbol of Amendment rights guaranteed under the U.S. that liberty. Following the horrific events of September Congress should heed Powell’s advice. Let’s Constitution. I would, therefore, consistent with 11th, our nation responded with an over- hope it does. In the U.S. House of Represent- my votes in the 107th Congress on this issue, whelming show of patriotism. Across our land atives today, a committee is scheduled to also support the substitute amendment offered Americans proudly flew their flags from their consider a proposed constitutional amend- by my colleague Congressman Watt that I be- homes, cars and workplaces as a demonstra- ment on ‘‘flag protection.’’ lieve represents an acceptable compromise on tion of their love for the United States, our val- If ratified by three-fourths of the state leg- this issue. ues, and their support for the war against ter- islatures, the amendment would allow Con- I will remain steadfast in protecting peoples’ rorism. gress to do what the First Amendment for- freedom of speech, and speaking out against bids: to criminalize the physical desecration These actions clearly illustrate that the of the U.S. flag. discrimination and injustice. As someone who American people see the flag as a symbol of adamantly supports the crime legislation, I The House version of the flag-protection hope, strength, and freedom. It is the one na- resolution has 135 co-sponsors, including Col- cannot be oblivious to the incendiary nature tional symbol that we can all unify behind. In orado Reps. Bob Beauprez, Joel Hefley, and emotional response evoked by burning the flag is at one time our history, our aspira- Marilyn Musgrave and Tom Tancredo. Colo- the nation’s flag. For many Americans, burning tions, and our identity. Therefore, we should rado Sens. Wayne Allard and Ben Nighthorse the flag is a hateful action that is as repugnant act today as reaffirmation of what our country Campbell are among the 55 Senate co-spon- as burning a cross on a lawn, or painting a stands for. sors. For years ago, Powell was asked about the swastika on a synagogue. I would be the first person to stand up in de- Ms. SCHAKOWSKY. Mr. Speaker, I rise flag-desecration amendment, which members fense of freedom of speech; however, there of Congress were then, like now, pursuing. today in opposition to H.J. Res. 4, an amend- are some actions that are not free political ment to the Constitution of the United States First, Powell noted, very few Americans speech but behaviors gauged to anger. Defac- burn the flag. Second, he said, these desecra- to authorize Congress to prohibit the desecra- ing the United States flag is one of these actors are irrelevant: ‘‘They may be destroying tion of the flag. This amendment not only tions. Those who wish to protest against the a piece of cloth, but they do no damage to stands in stark contrast to what the flag rep- actions of our country can do it through our our system of freedom, which tolerates such resents, but this debate today is keeping the media, hold rallies, give speeches, and march desecration.’’ House from addressing more urgent matters Powell said he would not alter the Con- in demonstrations. Those same people can facing our country. stitution on their account. ‘‘I would not The flag is a symbol of American greatness. contact elected officials, sign petitions, and ex- amend that great shield of democracy to It inspires awe and pride and is the official press their views in many ways. hammer a few miscreants. The flag will still emblem of our nation. And, above all, it stands To burn the flag not only suggests disgust be flying proudly long after they have slunk for freedom; the freedom we are guaranteed for our great country, it also shows a lack of away.’’ respect for the men and women who are cur- It’s just that simple. If Congress and the by being lucky enough to live in America. Iron- states embraced this amendment, it would ically, this amendment would punish those rently fighting overseas, and even more so for those who have fought and died to make the shield a symbol of freedom while assailing who exercise that freedom. In our country, dis- the very freedom it signifies. That symbolic senting views are allowed and tolerated, even United States of America what it is today. flag desecration would be far more egregious expressions as offensive as flag desecration. I urge my colleagues to support the Resolu- than the theatrics of any two-bit protester. To take away this fundamental freedom of ex- tion and vote in favor of final passage. It is nothing short of stupefying that many pression is to dishonor the flag and the liberty Mr. UDALL of Colorado. Mr. Speaker, I can- of our leaders continue to ignore this self- it represents. not support this resolution. evident truth. Furthermore, this amendment is uncalled I am not in support of burning the flag. But [From the Denver (CO) Post, June 25, 2001] for. At this time when there are so many I am even more opposed to weakening the issues that this House should be addressing— First Amendment, one of the most important FLAG AMENDMENT SHOULD DIE when American soldiers continue to die every things for which the flag itself stands. Although a proposed constitutional amend- day in Iraq, when millions of low-income fami- I agree with the Boulder Daily Camera that ment to ban desecration of the American ‘‘If Congress and the states embraced this flag continues to lose steam, it nonetheless lies are being left behind by the Republican is once again being considered in the U.S. Congress and the Bush Administration, when amendment, it would shield a symbol of freedom while assailing the very freedom it sig- House. seniors across America can’t afford their pre- The amendment, one of the most conten- scription drugs and millions more lack any nifies. That symbolic flag desecration would be tious free speech issues before Congress, health care coverage, and when millions of far more egregious than the theatrics of any would allow penalties to be imposed on indi- schoolchildren lack such basic resources as two-bit protester.’’ viduals or groups who burn or otherwise textbooks and safe classrooms—the House is As the Denver Post put it when the House desecrate the flag. instead debating a bill that is unnecessary, considered a similar proposal two years ago. In past years, the amendment has suc- controversial, vague, and, if passed, would un- ‘‘The American flag represents freedom. Many ceeded in passing the House only to be killed, righteously, on the Senate floor. dermine our democracy. men and women fought and died for this country and its constitutional freedoms under The American flag represents freedom. Webster’s dictionary defines ‘‘desecrate’’ as Many men and women fought and died for ‘‘violating the sanctity of’’ and ‘‘treating dis- the flag. They didn’t give their lives for the this country and its constitutional freedoms respectfully, irreverently, or outrageously.’’ flag; they died for this country and the free- under the flag. They didn’t give their lives This bill does not specifically define ‘‘desecra- dom it guarantees under the Bill of Rights. for the flag; they died for this country and tion.’’ Therefore, if the amendment were to be Those who choose to desecrate the flag can’t the freedom it guarantees under the Bill of passed, we would then be forced to discuss take away its meaning. In fact, it is our con- Rights. Those who choose to desecrate the whether flag desecration included printing the stitutional freedoms that allow them their rep- flag can’t take away its meaning. In fact, it flag on clothing or dropping small plastic flags rehensible activity.’’ is our constitutional freedoms that allow on the ground after parades; we would have I completely agree. So, like Secretary of them their reprehensible activity. American war heroes like Secretary of to discuss if the ‘‘protected flags’’ had size State Colin Powell, former Senator John State Colin Powell and former Sen. John regulations or had to be made of specific ma- Glenn, and others who have testified against Glenn strongly oppose this amendment. terial; we would have to decide if flags on per- it, I will oppose this resolution. Glenn has warned that ‘‘it would be a hollow sonal property were ‘‘protected’’; and on and For the benefit of our colleagues, I am at- victory indeed if we preserved the symbol of on. These debates are necessary. Instead of taching the editorials on this subject in the freedoms by chopping away at those funda- debating what freedoms we should be infring- Daily Camera and the Denver Post: mental freedoms themselves.’’ ing upon and taking away, this House of Rep- [From the Boulder (CO) Daily Camera, May In addition, the Supreme Court has ruled resentatives should be doing everything it can 7, 2003] that desecration of the flag should be protected as free speech. THE REAL DESECRATION to protect people’s freedoms, especially our Actual desecration of the flag is, in fact, a freedom of speech, and be working toward so- ‘‘FLAG PROTECTION AMENDMENT’’ ASSAILS rare occurrence and hardly a threat. There lutions to the problems that plague our con- AMERICAN VALUES have been only a handful of flag-burnings in stituents every day. Colin Powell loves our country, its Con- the last decade. It’s not a national problem. I urge my colleagues to vote no on H.J. stitution and the flag. A general and a What separates our country from authori- Res. 4. statesman, he has spent decades defending tarian regimes is the guarantee of free

VerDate Jan 31 2003 04:22 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.025 H03PT1 H4832 CONGRESSIONAL RECORD — HOUSE June 3, 2003 speech and expression. It would lessen the chill public debate by amending the Constitu- tion, the pride of her citizens, and the honor of meaning of those protections to amend our tion in such a way. This issue truly tests the her soldiers, not all of whom make it home. Constitution in this way. notion of freedom of speech guaranteed by I have seen the Stars and Stripes on a dis- The amendment is scheduled to go before tant battlefield. Across the river from here is a the House this week, although if it passes it our fore fathers. Let’s pass this test and do would still have to face a much tougher audi- the right thing by opposing this unmerited res- memorial of another battlefield and to the val- ence in the Senate. The good news is that olution. iant efforts of our fighting men to raise the flag House support of the amendment has been Mr. SHAYS. Mr. Speaker, I rise today in op- at Iwo Jima. It was not just a piece of cloth shrinking in recent years. It is possible that position to H.J. Res. 4, which would amend that rose on that day over 50 years ago. It if that trend continues, the amendment the Constitution to allow Congress to pass was the physical embodiment of all we, as could not only die this year but fail to re- laws banning the desecration of the flag. Americans, treasure—the triumph of liberty turn in subsequent years. We urge House I find it abhorrent anyone would burn our over totalitarianism; the duty to pass the torch lawmakers to let this issue go. flag. And if I saw someone desecrating the of liberty to our children undimmed. Ms. LEE. Mr. Speaker, I will not vote for any flag, I would do what I could to stop them at The flag is worth protecting, defending. I constitutional amendment that undermines the risk of injury or incarceration. For me, it would urge the adoption of the Amendment. First Amendment, which, as the U.S. Supreme be a badge of honor. Mr. BARRETT of South Carolina. Mr. Court has repeatedly affirmed, protects even But I think this Constitutional Amendment is Speaker, I rise today in strong support of H.J. unpopular forms of dissent. Our founding fa- an overreaction to a nonexistent problem. Res. 4. This amendment rightfully restores au- thers well know the importance of free speech Keep in mind the Constitution has been thority to Congress to regulate the treatment and expression, and carrying on that tradition, amended only 17 times since the Bill of Rights of our most precious national symbol—the we should do everything possible to ensure was passed in 1791. American flag. that this fundamental cornerstone of our de- This is the same Constitution that eventually The flag has been a symbol of our freedoms mocracy remains intact. outlawed slavery, gave blacks and women the for over 200 years. Our flag has sailed around the world, it has Mr. MORAN of Virginia. Mr. Speaker, I rise right to vote and guarantees freedom of traveled to the moon, it has flown atop the today in opposition to this legislative proposal speech and freedom of religion. North Pole and Mt. Everest, it has withstood to amend the Constitution, giving Congress Amending the Constitution is a very serious war both on our soil and abroad—each time the power to prohibit the physical desecration matter. I do not think we should allow a few representing what our nation stands for—free- of the flag. obnoxious attention-seekers to push us into a For more than 2 centuries, the first amend- dom and democracy. corner, especially since no one is burning the Over the years our flag has not only in- ment to the Constitution has safeguarded the flag now, without an amendment. I agree with spired but has comforted our nation. This was right of our people to write or publish almost Colin Powell who, when he served as Chair- never more evident than the days, weeks and anything without interference, to practice their man of the Joint Chiefs of Staff, wrote it was months following September 11. It was a religion freely and to protest against the Gov- a mistake to amend the Constitution, ‘‘that photo of 3 firefighters raising the flag amidst ernment in almost every way imaginable. It is great shield of democracy, to hammer a few the rubble of the World Trade Center that a sign of our strength that, unlike so many re- miscreants.’’ showed not only our nation, but the world we pressive nations on earth, ours is a country When I think of the flag, I think about the would not fall. A few days later we watched as with a constitution and a body of laws that ac- courageous men and women who have died the flag was draped over the Pentagon—we commodates a wide-ranging public debate. defending it and the families they left behind. showed the world with that one action—terror- There is little question that those who would What they were defending was the Constitu- ists may have tried but they did not succeed desecrate the flag have a lack of respect for tion of the United States and the rights it guar- in destroying our nation and all we hold dear. this great nation. But we need not give these antees as embodied by the flag. On September 11 the terrorists forced war misinformed individuals any more attention I love the flag for all it represents, but I love upon our country. Since that day our military than they deserve. the Constitution even more. The Constitution has been fighting a global war against ter- One can imagine the future protest situa- is not just a symbol; it is the very principles on rorism. These brave young men and women tions that would take place should this legisla- which our nation was founded. risk their lives every day to defend the very tion ever receive the massive support required I urge my colleagues to vote against this freedoms the flag represents. of a constitutional change. It would be out- resolution. I served in the United States Army, fortu- rageous. And the contribution to the average Mr. BUYER. Mr. Speaker, I rise in support nately during peacetime, but as a Captain in hardworking American? More taxpayer dollars of this constitutional amendment to empower the US Army if my country called, myself and and police manpower wasted in the pursuit of Congress to enact legislation to protect Old those who I served alongside, were prepared little more than an offender lacking patriotism Glory from desecration. to make the ultimate sacrifice to defend the and good taste. The American flag does not This is not an issue about what people can freedoms our flag represented. need protection from such poor behavior. The say about the flag, the United States, or its It saddens me to see people in foreign principles embodied in it outshine such cow- leaders. Those rights are fully protected. The countries celebrate as they burn our flag—I ardly attempts to defame its stature. issue here is that the flag, as a symbol of our cannot do anything about what they do in their Rather than spending time today arguing Nation, is so revered that Congress has a streets, but I can try to do something about the merits of the 1st amendment, we should right and an obligation, to prohibit its willful what happens in our streets. It disgusts me be focusing more attention on improving the and purposeful desecration. It is the conduct when I see our own citizens desecrate the daily lives of millions of Americans. From the that is the focus. flag, the flag represents all our nation has rising costs of health care to a lack of afford- After September 11, Old Glory of any size, been through and embodies all our nation able housing, many of our nation’s veterans any fabric, including ones made by school stands for—to burn the flag is to burn all it are struggling to make ends meet and now children from construction paper; those stuck stands for. brace for the substantial cuts in benefits in flower pots, pinned on lapels, or decals I wonder how the soldiers in Afghanistan or passed by this body. But instead of tackling posted in the back window of pickup trucks Iraq, who fight every day to protect our nation those issues, we stand here debating a solu- were displayed everywhere. On the news, from ever seeing the horrors of another Sep- tion in search of a problem. Those brave men Tom Brokaw referred to this phenomenon ‘‘like tember 11, feel when they see or hear about and women who risked their lives protecting countless bandages of patriotism covering a American citizens burning the American flag— our democracy need more than politicians nation’s wounds—a reassuring symbol’’ of the very flag they fight under. paying them lip service, they need money to what it means to be an American. It rep- Therefore, I urge my colleagues to support help pay the bills. resents the physical embodiment of everything H.J. Res. 4, the U.S. Flag Protection Constitu- Heck, they can’t even get a proper military that is great and good about our nation—the tional Amendment. burial service at Arlington National Cemetery freedom of our people, the courage of those Mr. SIMMONS. Mr. Speaker, I rise today in because cuts to Veterans Affairs funding have who have defended it, and the resolve of our strong support of House Joint Resolution 4, eliminated the use of live buglers and replaced people to protect our freedoms from all en- the Constitutional Amendment to prohibit flag them with battery powered boom boxes. What emies, foreign and domestic. desecration. a shame. It is not a coincidence that when others Our flag is a symbol of the American char- In short, the amendment in question is un- seek to criticize America, they burn the Amer- acter and its values. It tells the story of vic- necessary. We don’t need it and we must not ican flag. Old Glory is the embodiment of all tories won—and battles lost—in defending the become the first Congress in U.S. history to that is America—the freedoms of the Constitu- principles of freedom, and democracy.

VerDate Jan 31 2003 05:56 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 9920 E:\CR\FM\A03JN7.037 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4833 These are stories of real men and women the sacrifice of 41 million Americans who have We must keep our flag sacred to welcome who have selflessly served this Nation in de- fought our wars dating back to the Revolution, those believing in the American Dream. fending that freedom. And many of them lost and the one million Americans who have died Just as you would not melt the Liberty Bell, their lives for it. Bunker Hill, Gettysburg, San to defend our freedoms. We live in liberty tear up the Declaration of Independence, or Juan Hill, Iwo Jima, Korea, Da Nang, Persian today because they did not shrink from duty. destroy the Statue of Liberty, we must protect Gulf—our men and women had one common The least we can do to show our eternal grati- our nation’s flag. I stand in support of this leg- symbol—the American flag. tude is to protect our flag—our treasured sym- islation for the soldiers and veterans who have The American flag belongs to them, as it bol of those who made the ultimate sacrifice. fought to protect it, the immigrants who be- belongs to all of us. We are debating H.J. Res. 4 today because lieve in its promise, and all of the Americans Critics of the amendment believe it inter- the Supreme Court has ruled that flag burning who pledge their allegiance to it. We must feres with freedom of speech. I disagree. is ‘‘protected expression’’ under the First keep our flag flying high. Americans enjoy more freedoms than any Amendment. Since this misguided decision Mr. SKELTON. Mr. Speaker, even before other people in the world. They have access was handed down, every state in the union we were a nation, we had our flags. Different to public television. They can write letters to has asked Congress to approve a Constitu- from today’s to be sure. But serving the same the editors to express their beliefs, or call into tional Amendment to protect Old Glory from purpose—symbols of unity, and of our hopes, radio stations. I meet with constituents every- physical desecration. Our First Amendment achievements, glory, and high resolve. day in order to best represent their interests in does not allow citizens to yell ‘‘fire!’’ in a Brave New England patriots faced down Washington. Americans can stand on the crowded theater, nor does it protect inten- British regulars at a place called Bunker Hill steps of the Nation’s capitol building to dem- tionally outrageous acts of destruction. Dese- under the Continental Flag which prominently onstrate their cause. crating our flag falls squarely into this cat- featured a pine tree. They do not need to demonstrate our noble egory. ‘‘Don’t Tread on Me,’’ said the colonists in flag to make their statement, and I do not be- We are not debating free speech rights the South, and a coiled rattlesnake on their lieve protecting the flag from desecration de- today. We are debating whether our sons and flag reinforced that message. prives Americans of the opportunity to speak daughters will appreciate the sacrifices of their The Grand Union Flag went to sea with freely. forefathers when they see the flag waving. John Paul Jones and marched under George And let us be clear: speech, not action, is The freedom, honor and sacrifice symbolized Washington in the early days of our Revolu- protected by the Constitution. Our Founding by Old Glory must never be taken for granted. tion. By combining the British Union Jack with Fathers protected free speech and freedom of Mr. Speaker, I urge my colleagues to join thirteen red and white stripes it reflected the the press because in a democracy, words are me in supporting H.J. Res. 4. thinking of the colonists during that time: alle- used to debate and persuade, and to educate. Mr. BACA. Mr. Speaker, I rise in support of giance to the Crown, but willing to fight for A democracy must protect free and open de- H.J. Res. 4 to protect our nation’s flag. their rights as Englishmen. bate, regardless of how disagreeable some Our flag is a symbol of pride to all of the That thinking had changed, however, by might find the views of others. Prohibiting flag veterans who have bravely fought for this na- July 4, 1776. The Declaration of Independ- desecration does not undermine that tradition. tion. It is a symbol of hope and prosperity to ence—‘‘That these United Colonies are, and The proposed amendment would protect the the many immigrants who have traveled to this of Right ought to be Free and Independent flag from desecration, not from burning. As a land seeking a better way of life. But most of States’’—set us on a new course, from which member of the American Legion, I have super- all, it is a symbol of freedom to all Americans. there was no turning back. It was a realization vised the disposal of over 7,000 unserviceable We must ensure that our symbol, rep- that a people could not at once fight against flags. But this burning is done with ceremony resenting all of the things Americans hold sa- the king and at the same time profess their and respect. This is not flag desecration. cred is respected. We must stand up and pro- loyalty to him. And, it meant that the new Over 70 percent of the American people tect our flag from destruction. United States would need a national flag. want the opportunity to vote to protect their Just as no one has the right to take away On June 14, 1777—the day we now cele- flag. Numerous organizations, including the our freedom and democracy, no one should brate as Flag Day—the Continental Congress Medal of Honor Recipients for the Flag, the have the right to burn our flag. adopted the following brief resolution: ‘‘Re- American Legion, the American War Mothers, Many soldiers have died protecting our free- solved, that the flag of the thirteen United the American G.I. Forum, and the African- dom and democracy. The rights and freedoms States be thirteen stripes, alternate red and American Women’s Clergy Association all sup- that we enjoy today are because of the cour- white: that the union be thirteen stars, white in port this amendment. age of our brave soldiers. Our flag, flies as a a blue field, representing a new constellation.’’ Forty-nine states have passed resolutions constant reminder of our military’s victories. It is now believed that Francis Hopkinson, a calling for constitutional protection for the flag. We must not forget that all of our soldiers signer of the Declaration of Independence, de- In the last Congress, the House of Represent- have not yet returned from war. Many of our signed the first national flag that legend at- atives overwhelmingly passed this amendment men and women are still in the Middle East tributes to Betsy Ross. For his services, he by a vote of 298 to 125, and will rightfully pass trying to safeguard Iraq. Many of our soldiers submitted Congress a bill for nine dollars. Of it again this year. are still in Afghanistan, searching for Osama course, government in 1777 was not really Mr. Speaker, I am proud to be an original Bin Laden. The battle for peace in the Middle much different from government today. Hop- cosponsor of H.J. Res. 4 and ask that my col- East is not over. kinson never got paid. leagues join me in supporting this important Our soldiers are still risking their lives and So, we had a national flag, the ‘‘Stars and resolution that means so much to so many. dying in the name of this nation. Now is not Stripes.’’ In 1792, the first version with thirteen Mr. TERRY. Mr. Speaker, I rise in strong the time to question patriotism. We must be stars in a circle appeared. In 1795, the flag support of H.J. Res. 4 to allow Congress to united and stand behind our soldiers and our was changed to recognize the entry of ban the physical desecration of the flag. symbols of freedom. Vermont and Kentucky into the Union with the During the War of 1812, American soldiers When a soldier or a veteran dies, his family addition of two stars and two stripes. This flag valiantly fought at Fort McHenry, Maryland to receives a flag honoring the loss of their loved of fifteen stars and fifteen stripes figured in preserve the newly-formed United States. The one. We proudly drape the flag over their cof- many stirring episodes. It was the first flag to story of the fort’s battle flag, which continued fins. We must make sure the families know be flown over a fortress of the Old World to wave despite the barrage of bombs from that their loved one did not die in vain. The when it was raised at Tripoli in 1805. It was British warships, was captured in the poetry of American Flag is the symbol that represents flown at the Battle of Lake Erie and by Andrew Francis Scott Key. He marveled at the resil- the soldier’s sacrifice and a nation’s respect. Jackson at New Orleans. And it was flown at iency of our flag, and the unfailing courage it Many people come to this land seeking reli- our young nation’s most inspiring moment. brought to the men battling for freedom under gious freedom, freedom from oppressive gov- In 1812, our nation had declared war on its stars and stripes. His words are now our ernments, economic prosperity and a better Great Britain because of British seizure of national anthem, sung in school rooms, at way of life for their children. Many people neutral U.S. trading vessels, and the impress- sporting events, and whenever our nation come to this land and join the military because ment of American seamen into service on Brit- pays homage to its fallen heroes. The image they know America is a land worth protecting. ish ships. The British, preoccupied with Napo- of our flag is ingrained in the hearts of all free- To them the flag is a promise of liberty, secu- leon, were not amused. They were even less dom-loving Americans. rity, and opportunity. amused when we sent forth speedy privateers The flag represents our ideals of freedom, Our flag flies high symbolizing the hopes to seize their merchant ships and to frustrate liberty, and justice for all. It also symbolizes and dreams of immigrants all over the world. their heavily gunned men-of-war.

VerDate Jan 31 2003 04:51 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 9920 E:\CR\FM\A03JN7.043 H03PT1 H4834 CONGRESSIONAL RECORD — HOUSE June 3, 2003 In 1814, with Napoleon exiled to the island again one nation. Crowds cheered him at someone be allowed to blow up the Lincoln of Elba, the British determined to put the up- every town and village as he marched through Memorial to express a political view? start former colonists in their place. They dis- the heart of the Old Confederacy. Ironically, Flag burning does not merit First Amend- patched a 50-ship expeditionary force—vet- and maybe today we could say prophetically, ment protection. It is conduct that is offensive eran soldiers and sailors from the world’s Sergeant Bates and his flag encountered real and provocative to the overwhelming majority strongest military power. Up the Chesapeake hostility and opposition only in our nation’s of Americans. Moreover, it is unnecessary. Bay they came, and on August 24 and 25, capital. Any point of view that can be expressed by 1814, they burned Washington. Their next tar- Westward we moved, behind the flag. flag burning can be better expressed in a get: Baltimore—third largest city in the U.S., a Across the Wide Missouri, and along the manner that is reasoned, rational and more ef- rich trading center, and home to many of the South Platte to the Rockies, and beyond to fective in communicating an idea or attempting fleet privateers that had humiliated the proud Oregon and California. South to Santa Fe and to persuade others. Royal Navy. the Rio Grande—conquering a wilderness, We have a great system of government, As the British moved on Baltimore, one settling a continent, and fulfilling our destiny. and one reason it is so great is that if you dis- thing blocked their way—Fort McHenry, whose New stars added to the flag and more people agree with a government action, even a deci- guns dominated the channels leading into Bal- to enjoy the blessings of liberty it embodies: sion of the highest court in the land, you can timore Harbor. Unless they could get past the people in the new lands, and immigrants from work to change it. fort, the British Navy could not support its the Old World—the ‘‘huddled masses yearning Therefore, I support legislation being consid- ground forces whose advance on the city had to breathe free.’’ ered by the House of Representatives today been stalled. Our flag went to foreign shores. Up San that will create a Constitutional Amendment So, at dawn on September 13, a 25-hour Juan Hill with Teddy Roosevelt in the Spanish that will allow Congress and the States to ban bombardment began. At the same time, a 35- American War ending four centuries of Span- flag burning and other similar forms of flag year-old American lawyer was being held on ish colonialism in the New World. At Veracruz, desecration. The process of changing the board a British ship pending the end of the on the Gulf coast of Mexico, its honor was de- Constitution is not fast and easy. The framers battle. Francis Scott Key watched the ‘‘rockets fended by brave sailors and marines. ‘‘Over wanted to make amending the Constitution a red glare’’ and ‘‘the bombs bursting in air’’ there’’ it went with a Missourian, General John difficult, deliberative process. through the night. At the first light of dawn, Pershing, in the ‘‘War To End All Wars.’’ I am confident that a Constitutional Amend- Key was relieved to see that Fort McHenry’s Our flag was tattered, but not lowered at ment can be passed. But if it fails, or if it giant flag—30 feet by 42 feet—‘‘The Star Pearl Harbor. And we rallied behind it, lifted it stalls, we can move in other areas. We can Spangled Banner’’—did indeed still wave over higher. We took it ashore at Normandy, and redraft and enact new flag desecration stat- ‘‘the land of the free and the home of the across the Rhine with Eisenhower, Bradley, utes that attempt to meet the Court’s objec- brave.’’ Inspired by the sight, he took pen in and Patton, and Hitler’s ‘‘Thousand Year tions to the Texas statute. If those new stat- hand and gave us what would become our Reich,’’ the worst tyranny the world has yet utes won’t pass muster, we’ll enact new ones. National Anthem. known, crumbled at its advance. Across the The burning of Washington and the victory South Pacific it went, island by island. In 1944, We can do still more. Our children must be at Ft. McHenry united our young nation like the most dramatic flag raising in American his- taught to respect the flag not only in our nothing before had done. We emerged from tory, on a rocky Pacific island called Iwo Jima. schools, but by our example. We must instruct the War of 1812, with a new national identity, When the sun rose the next day on that flag them to display it and use it properly and sa- confidence, and patriotism, a recovering econ- atop Mount Suribachi, the sun of Japanese lute it appropriately. We must encourage our omy, and a place in the world. And we contin- Imperialism began to set. children and every future generation to value ued to grow—to the valleys of the Ohio and The flag was with us: In Korea helping to the freedoms we enjoy and to stand tall and Mississippi Rivers and beyond with new states preserve democracy for half of a divided na- proud when they say, ‘‘I pledge allegiance to joining the union and the number of stars in tion. In Vietnam, where brave American POWs the Flag of the United States of America . . .’’ that field of blue growing. fashioned handmade flags to defy their cap- We must instill in them a strong sense of the Less than 50 years after the end of the War tors. It went to the moon with the astronauts heritage embodied in our flag, and the pride of of 1812, our flag would face one of its greatest of Apollo 11. being an American. Finally, we must ensure challenges. As our nation was split asunder in Yes, our flag has stood by us—leading us, that they continue to recognize and honor the a great civil war, and its ability to endure as inspiring us, sustaining us—in all of our na- great sacrifices made by previous generations one hung in the balance, courage related to tional endeavors, in war and in peace, for over of Americans, many of whom gave ‘‘the last the flag often spelled the difference between 200 years. full measure of devotion’’ so that we could live victory and defeat. Now, sadly, it seems that some people don’t free. Missionary Ridge, Tennessee, November, want to stand by our flag. The Supreme Court The poet Edgar A. Guest said it best when 1863. A key link between the east and west has said that it is all right to desecrate our he penned: for the Confederacy. Confederate troops en- flag, to burn it even, in the name of free THE BOY AND THE FLAG trenched along a 400-foot-high, seven-mile- speech. ‘‘Government,’’ says the Court, ‘‘may I want my boy to love his home, his Mother, long summit. Sixty Union regiments under not prohibit the expression of an idea simply yes, and me: General George Thomas attacked positions at because society finds the idea itself offensive I want him, wheresoe’er he’ll roam, With us the foot of the ridge, and then, unexpectedly, or disagreeable.’’ in thought to be. surged up the slope. Flag bearers led the way. I agree that everyone in this country has the I want him to love what is fine, Nor let his When one fell, another stepped forward to right to make his views known on any issue, standards drag, grab the colors, and the advanced continued. no matter how irrational, how wrong, or how But, Oh! I want this boy of mine To love This country’s flag! A young First Lieutenant—not yet 20 years unpopular those views might be. But does that old—caught the flag of the 24th Wisconsin as mean that every form of conduct is permis- Let me take a moment and put a few things it was about to fall, and carried it to the crest. sible as a means of exercising rights guaran- in perspective. As much as the Supreme Arthur MacArthur’s bravery earned him a bat- teed by the First Amendment to the Constitu- Court decision has disappointed me, it is in tlefield promotion to major and the Medal of tion? I say no. And I say so as a student of the final analysis no real threat to our nation. Honor that day. Many of you here today may law and of history. The framers of the Bill of Our flag stands for too much to be brought have served under his son, Douglas, in the Rights used words carefully to convey a pre- down by matches lit by those who would Pacific or Korea. In all, seven flag bearers cise meaning. The First Amendment to the desecrate it. Its glory cannot be diminished by won the Medal of Honor at Missionary Ridge. Constitution says ‘‘Congress shall make no a U.S. Supreme Court ruling. It cannot be At day’s end, the flags of 60 Union regiments law . . . abridging the freedom of speech, . . threatened by any enemy, foreign or domestic. lined the summit. .’’ It says nothing about ‘‘expression.’’ If they step on it, write on it, tear it to shreds, The War ended and the Union was pre- Legal precedent and common sense tells us even burn it to ashes, we’ll just raise it up served. And the flag proved as inspiring in that there can be limits on conduct which are again, and it’ll fly higher and more gloriously peace as it was in war. In 1868, a former not inconsistent with First Amendment rights. than ever before. Union Army Sergeant, Gilbert Bates, set out to Consider some extreme examples: Would A few years ago, we had a flag day cere- carry the Stars and Stripes from Vicksburg, anyone, even the Supreme Court, contend mony in the House of Representatives. Coun- Mississippi, to Washington, D.C., to prove to that we must permit human sacrifice under the ty-western singer Johnny Cash recited these friends back in Wisconsin that we were once guise of free exercise of religion? Would lyrics that he had written:

VerDate Jan 31 2003 04:51 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 9920 E:\CR\FM\A03JN7.030 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4835 RAGGED OLD FLAG The first amendment is perhaps the best mine our flag’s value by suppressing the very (By Johnny Cash) known provision of the Constitution and has freedoms that it represents. I walked through a county courthouse square been well guarded over the years by Con- We must also note that this amendment of- On a park bench an old man was sitting gress and the Courts. But today’s amendment fers a solution to a problem that simply there would create a tremendous spiritual change, doesn’t exist. Only 45 incidents of flag dese- I said, ‘‘Your old courthouse is kinda run effectively turning the words ‘‘no law’’ in ‘‘Con- cration were reported between 1777 and down.’’ gress shall make no law’’ into ‘‘few laws.’’ 1989. Since then, these acts have been very He said, ‘‘Naw, it’ll do for our little town.’’ I said, ‘‘Your old flag pole is leaned a little Which is to say it would sap the first amend- rare. This was particularly noteworthy during bit,’’ ment of the principle it represents, the one the lead-up to the War in Iraq. Despite vehe- And that’s a ragged old flag you got hanging that insists that this country does not punish ment anti-war sentiment, no groups burned or on it.’’ ideas, no matter how unpopular. desecrated the flag during rallies or protests. He said, ‘‘Have a seat.’’ And I sat down. But here we are, yet again, debating an I fail to see why it is necessary to tinker with ‘‘Is this the first time you’ve been to our lit- amendment that would for the first time in our the Bill of Rights—the bedrock of our Repub- tle town?’’ Nation’s history change the first amendment to lic—for the first time in 211 years to outlaw an I said, ‘‘I think it is.’’ He said, ‘‘I don’t like our Constitution, without a compelling reason. act that rarely occurs. to brag, But we’re kind of proud of that ragged old Flag burning is exceedingly rare. Yet sup- The United States of America has a long flag.’’ porters have never let themselves be re- and proud history of protecting the right of free ‘‘You see, we got a little hole in that flag strained by the fact that the amendment rep- expression for its citizens, and I do not believe there resents a non-solution to a non-problem, and that the voice of freedom should be muzzled. When Washington took it across the Dela- whose predictable outcome would be to make Mr. STARK. Mr. Speaker, I rise today to op- ware flag burning the ‘‘in’’ protest among the young pose H.J. Res. 4, a constitutional amendment And it got powder burned the night Francis and antisocial. to prohibit the desecration of the U.S. flag. In Scott Key I am going to oppose this legislation, not be- doing so, I rise in support of protecting the Sat up watching it, writing ‘Say Can you see’ cause I condone or do not feel repulsed by right to free speech. It got a bad rip in New Orleans With Packingham and Jackson pulling at its the senseless act of disrespect that is shown The First Amendment to the Constitution seams rarely against one of the most cherished sym- says, ‘‘Congress shall make no law . . . And it almost fell at the Alamo, bols of our country, the American Flag, but be- abridging the freedom of speech . . .’’ Yet, Beside the Texas flag, but, she waved on cause I recognize that our Constitution can be this bill would overturn two Supreme Court de- though a challenging document. It reminds us that our cisions upholding flag burning as symbolic She got cut with a sword at Chancellorsville democracy requires all of us to permit the ex- speech protected under the First Amendment. And she got cut again at Shiloh Hill pression of ideas that we may spend a lifetime If ratified, this amendment would be the first There was Robert E. Lee, Beauregard and opposing—and not simply move to pass an time ever that the Bill of Rights has been al- Bragg The South wind blew hard on that Ragged amendment to silence their voice. Our democ- tered and in a manner that limits the freedoms Old Flag racy, rather, is about advanced citizenship. It that belong to the American people. On Flanders field in World War One asks all Americans to fight and even protect Conveniently, we debate this bill just before She got a big hole from a Bertha gun the right of our fellow citizens to express views Flag Day. Now Republicans can run back to She turned blood red in world War Two, that are against what we believe and value their districts to flaunt what they believe is pa- She hung limp and low by the time it was most in our country. triotism. But, we must ask ourselves: is it patri- through There are few things that evoke more emo- otic to trample upon the Constitutionally pro- She was in Korea and Viet Nam tion, passion, pride or patriotism than the tected freedoms? The freedom of speech is She went where she was sent by he Uncle American Flag. But if we pass this amendment vital to our democracy—it sets our nation Sam She waved from our ships upon the briny today, where do we stop? Do we move to pro- apart from those oppressive regimes we have foam tect other icons of American patriotism? fought and deposed throughout our history. And now they’ve about quit waving her back Should we pass an amendment that prohibits Some of my colleagues—mainly on the here at home the burning of a copy of the Declaration of other side of the aisle—will mention today that In her own good land she’s been abused Independence or of the Constitution? Let us veterans across the nation support this She’s been burned, dishonored, denied, re- not go down that path today. We have done amendment. I respect these brave Americans fused well these past two centuries without having to and what the flag means to them. But, the Re- And now the government for which she amend the Bill of Rights. publicans are using this issue to cover over stands Is scandalized throughout the land In a country of over 280 million people, I do their failure to fully compensate our veterans And she’s getting threadbare and she’s wear- not believe that the actions of a few individ- for their heroic service. ing thin uals should compel us to change our most Republicans have no intention to provide for But she’s in good shape for the shape she’s in fundamental principles. I respect our flag as the real needs of these men and women, like Cause she’s been through the fire before well as those who have fought and died to improved veterans benefits, better health care And I believe she can take a whole lot more protect the ideals which it symbolizes, but I for them and their families, access to afford- So we raise her up every morning also respect those very ideals and principles able housing and affordable educational op- Bring her down slow every night contained in our Constitution. The purity of the portunities to name a few. Instead, Repub- We don’t let her touch the ground And we fold her up right. first amendment should not be adulterated licans are using this amendment for political On second thought,... I do like to brag, now so that Congress can protect flags that gain without paying respect to those things Cause I’m mighty proud of that ragged Old nobody’s burning anyway. that bring real dignity and honor to our vet- Flag.’’ Mr. KLECZKA. Mr. Speaker, the American erans. And let us not forget, these veterans Mr. Speaker, I urge all my colleagues to flag is a visible symbol of all the freedoms that fought for our freedoms and everything our support H.J. Res. 4 and to give Old Glory the make our Nation great, and this includes our Constitution stands for. respect it deserves. First Amendment right to express ourselves Opening the door to limiting the freedoms of Mr. KIND. Mr. Speaker, I have the utmost freely. Our Constitution protects even those all Americans is a dangerous precedent. I fear reverence and respect for the flag of the forms of speech that others may disagree with what could be next if the Republican leader- United States, one of the most recognizable or find offensive. It is this very liberty to pub- ship of this House have their way. I ask my symbols of freedom and liberty in the world. licly voice one’s opinions and ideas no matter colleagues to stand up for our Constitution And I have the utmost respect for those who how controversial they may be that distin- and vote no on this amendment. want to protect it. Among other things, the flag guishes our great Nation from others. Mrs. MALONEY. Mr. Speaker, I rise today in represents our rights as Americans, including While the desecration of our flag triggers an opposition to H.J. Res. 4, which would add an those protected by the Bill of Rights. The first almost universal reaction of disgust by Ameri- amendment to the Constitution banning the amendment in particular is the amendment cans, we are strong enough as a nation to desecration of the American flag. that embodies the very essence upon which allow individuals to express themselves in this I believe that desecrating the American flag our democracy was founded because it stands manner, and stronger still to resist the urge to is a terrible way to exercise one’s freedom of for the proposition that anyone in this country stamp out free speech that challenges us. By expression. It is hurtful and offensive. Yet, can stand up and criticize this government and outlawing the expression displayed in dese- freedom of speech is one of the bedrock prin- its policies without fear of prosecution. crating the flag, we would diminish and under- ciples of this Nation’s democracy. Some of the

VerDate Jan 31 2003 04:51 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 9920 E:\CR\FM\A03JN7.033 H03PT1 H4836 CONGRESSIONAL RECORD — HOUSE June 3, 2003 most powerful movements in the history of Amending the United States Constitution is only one constituent has voiced his concerns America occurred because our Constitution not something that should be undertaken in a regarding flag burning, and none back home guarantees everyone the freedom to express cavalier manner. The gravity with which such in Oregon. themselves. changes in the document that provides the The proposed constitutional amendment is While desecrating the American flag in pro- structure for our system of governance should the wrong way to protect the flag. Ironically, it test offends many people, the flag is a symbol be taken is reflected by the amendment proc- would be the fastest way to make the very of our Nation’s powerful democracy. Protecting ess devised by the Founding Fathers. Article rare occurrences of flag burning more fre- our citizens’ right to express themselves is V of the Constitution provides that amend- quent. After all the publicity surrounding ratifi- more vital to the strength of our democracy ments can be proposed by two-thirds of both cation by the states occurs, we will have made than the physical appearance of the flag. Houses or through a convention called by two- our flag the target for every publicity-seeking I believe that all Americans should respect thirds of the states. Additionally, the Article protester in America. Burning the flag will be and honor the flag. However, I oppose placing provides that these proposed amendments the fastest way to go to court, perhaps to jail, restrictions on the First Amendment by adding must be ratified by three-fourths of the state but certainly the evening news. Because we this amendment to our Constitution. legislatures or by conventions in three-fourths cherish our flag and our Constitution, we While this is an important issue and it de- of the states. should reject this amendment. serves to be debated by this body, we cannot So, the question before us today is whether Mr. LANGEVIN. Mr. Speaker, I rise today in forget another issue of vital importance to we believe that we should restore to Congress strong support of our American flag and as a America’s veterans. The budget proposed by the power to protect the flag if Congress so cosponsor of H.J. Res. 4, which would amend the Majority includes serious cuts to the De- chooses. As I have stated previously, we are the Constitution to allow Congress to protect partment of Veterans Affairs. considering this question because the United the United States flag from acts of physical The proposed $15 billion cut in benefits and State Supreme Court has taken what the Bill desecration. $9.7 billion cut in health care would leave of Rights says is protected speech, and has Our flag has become a symbol of freedom many veterans without access to critical re- extrapolated it to encompass behavior that the for Americans and people around the world, sources. With the ongoing conflict in Iraq, Bill of Rights does not specifically mention, the whether flying outside of a home, or raised out there will undoubtedly be more soldiers who burning or otherwise desecration of the United of the rubble of the World Trade towers after will need care in the future. Rather than cut States flag. When the Supreme Court did this, the September 11 attacks. As an international the funding for the VA, we should be providing it handcuffed Congress in order to provide emblem of the world’s greatest democracy, adequate funding so that the Department will Constitutional protection to behavior that many the American flag should be treated with re- be prepared for caring for the soldiers who Americans find despicable. Notwithstanding spect and care. We should not consider the may need care after the current conflict has those assertions that H.J. Res. 4 itself would flag as mere ‘‘personal property,’’ which can ended. ban the desecration of our flag, H.J. Res. 4 be treated any way we see fit, including phys- Mr. OXLEY. Mr. Speaker, I stand in strong would instead unlock the handcuffs that the ically desecrating it as a form of political pro- support of H.J. Res. 4, which calls for a con- Supreme Court slapped on Congress. test. stitutional amendment permitting Congress to While the question of protecting our Nation’s The American flag is a source of inspiration protect our Nation’s flag. flag from desecration is not before us today, I wherever it is displayed, and a symbol of hope As the vast majority of our constituents all do recognize that man of my constituents do to all nations struggling to build democracies. know, Old Glory is far more than a piece of not view the flag as merely a compilation of As a proud member of the House Armed cloth. Especially in this post-September 11 red, white, and blue cloth; rather, they see that Services Committee, I deeply admire those era, it is the most visible symbol of our Nation cloth as the enduring emblem of freedom and who have fought and died to preserve our and the freedoms we have too often taken for America. I also recognize that to preserve freedoms in Iraq, Afghanistan, and around the granted. It is a unifying sign in times of peace both freedom and America, many American world throughout our history. These men and and war, instilling pride in our great country men and women, including some of my con- women have bravely defended our flag and and continued hope for our future. stituents in the recent Middle East conflicts, the fundamental principles for which it stands. Americans from across the political spec- have willingly sacrificed their lives and limbs They deserve to know that their government trum and from every walk of life support the and have endured hardships that few of us treasures the flag and all it represents as passage of this amendment. Since the Su- can comprehend. And, I know that the dese- much as they do. preme Court in 1989 invalidated state-passed cration of our flag is a direct affront to these Before being overturned by the Supreme flag protection laws, the legislatures in each of brave men and women and their sacred sac- Court in 1989, 48 states and the District of the 50 states have passed resolutions peti- rifices. Thus, I now take my Constitutional pre- Columbia passed laws protecting the flag. tioning Congress to propose this amendment. rogative to ensure that Congress has the abil- Over the last few years, all 50 states have I am proud that the House is taking this impor- ity to enact, or not to enact, legislation as passed resolutions calling on Congress to tant step toward a constitutional amendment Congress sees fit to protect our Nation’s flag pass a Constitutional amendment, which is the today. from intentional desecration. only way to restore the power of states and Mr. Speaker, my hometown of Findlay, Mr. BLUMENAUER. Mr. Speaker, the Congress to implement the will of the people. Ohio, is well known for its civic pride and spir- United States flag is one of the two most en- For these reasons I, as well as a great num- ited celebration on Flag Day. The annual dis- during symbols of our freedom and liberty. I ber of Americans, believe that our flag should play of many thousands of flags on houses believe that those who desecrate the flag de- be treated with dignity and deserves protection and businesses throughout Findlay earned the grade themselves and I find it a reprehensible under the law. With Flag Day on June 14, I community the designation ‘‘Flag City USA.’’ act. So too, it is reprehensible for people to can think of no better way to honor the endur- Arlington, Ohio, which I am also privileged to express hateful language against our country ing symbol of our democracy than adopting represent, has been named ‘‘Flag Village and some of our citizens. One of the values this resolution today. I urge my colleagues to USA’’ for the patriotism inherent in its citizens. our flag represents is the freedom of expres- join me in supporting H.J. Res. 4 to allow The letters, phone calls, and e-mails I have re- sion. The United States and our cherished Congress to prohibit desecration of the Amer- ceived from Findlay, Arlington, and throughout freedom are strong enough to withstand as- ican flag. my congressional district in recent weeks ex- saults of the crude, the bigoted and the hate- Mr. SENSENBRENNER. Mr. Speak- press strong support for the protection of Old ful. The strength to withstand assaults comes er, I yield back the balance of my time. Glory. from the other enduring symbol of our liberty: b 1630 I am proud again this year to be cosponsor the Constitution. We should not trivialize the of Duke Cunningham’s joint resolution, and importance of that document, especially the The SPEAKER pro tempore (Mr. recognize him for his unwaverly leadership on freedom of speech enshrined in the First THORNBERRY). All time for general de- this issue. I urge my colleagues to support Amendment, by rushing to change the Great bate has expired. their constituents and vote in favor of sending Document when we are offended by acts. AMENDMENT IN THE NATURE OF A SUBSTITUTE this amendment to the states for ratification. Because Americans honor this cherished OFFERED BY MR. WATT Mr. THOMAS. Mr. Speaker, I rise today in symbol, I understand the rage and disgust Mr. WATT. Mr. Chairman, I offer an support of H.J. Res. 4, which would amend most of us feel towards those who made their amendment in the nature of a sub- the United States Constitution to restore to points by trampling on our flag. It is important stitute. Congress the power to prohibit the physical to note that flag burning today is not a major The SPEAKER pro tempore. Is the desecration of the flag of the United States. problem. Throughout my years in Congress, gentleman from North Carolina (Mr.

VerDate Jan 31 2003 05:56 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.049 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4837 WATT) the designee of the gentleman the opposite side from the proponents gress shall have power to prohibit the from Michigan (Mr. CONYERS)? of the amendment would come to the physical desecration of the flag of the Mr. WATT. Yes, Mr. Speaker. floor, and they would accuse the other United States. The SPEAKER pro tempore. The side of being somehow unpatriotic. And I thought that if we framed the issue Clerk will designate the amendment in I would have to admit that when I first in that context, we could really have the nature of a substitute. became a party to this debate, I was a an honest debate not only about what The text of the amendment in the na- part of that name-calling process. the physical desecration of the flag ture of a substitute is as follows: I thought that anybody who really might consist of, but we could have an Amendment in the nature of a substitute supported the first amendment to the honest debate about what is or is not offered by Mr. WATT: Constitution had to respect, even if protected by the first amendment. Strike all after the resolving clause and in- they did not admire or like, they had Now, I should say straight off that sert the following: to respect the right of people who my opinion is that adding to the under- SECTION 1. CONSTITUTIONAL AMENDMENT. wanted to express themselves in oppo- lying proposed constitutional amend- The following article is proposed as an sition to various kinds of injustices ment, which itself says the Congress amendment to the Constitution of the shall have the power to prohibit the United States, which shall be valid to all in- that were taking place in our society tents and purposes as part of the Constitu- by expressing themselves verbally, ex- physical desecration of the flag of the tion when ratified by the legislatures of pressing themselves through political United States, simply adding to that three-fourths of the several States within action, expressing themselves by even that whatever statutory act we take as seven years after the date of its submission burning or desecrating the American a Congress must be consistent with the for ratification: flag. first amendment to the Constitution, I ‘‘ARTICLE — I thought it was a fairly simple prop- pretty much assumed was a given. And ‘‘Not inconsistent with the first article of osition because I was not listening very a number of my colleagues who have amendment to this Constitution, the Con- carefully to the people who were on the supported the underlying proposed congress shall have power to prohibit the phys- other side of that debate, and I was not stitutional amendment have said, we ical desecration of the flag of the United honoring the strong positions and com- do not want to do harm to the first States.’’. mitments that they held to the fact amendment, we are not trying to cut Mr. SENSENBRENNER. Mr. Speak- that the flag was somehow different off speech. So it seems to me that at er, I rise in opposition to the amend- and that burning or desecrating the some point, even if we pass the under- ment and claim the time. flag was somehow different than other lying proposed constitutional amend- The SPEAKER pro tempore. Pursu- kinds of free speech that citizens could ment that we are debating here, the ant to House Resolution 255, the gen- engage in. one that says that Congress shall have tleman from North Carolina (Mr. And then I started to listen to what the power to prohibit the physical WATT) and the gentleman from Wis- the other side was saying, and I started desecration of the flag of the United consin (Mr. SENSENBRENNER) each will to study this issue with a little more States, that at some point the Supreme control 30 minutes. intensity, and I concluded that it could Court is going to be called upon to The Chair recognizes the gentleman not possibly be the case that you could make that constitutional amendment from North Carolina (Mr. WATT). have a five-person majority on a reconciled with the first amendment, Mr. WATT. Mr. Speaker, I yield my- United States Supreme Court that had which says that this Congress shall self such time as I may consume. nine members, and the court was split make no law that tramples on the Mr. Speaker, I have not been in- five people on one side and four people right of free speech. volved in the debate up to this point on on the other side, and this not be a So it may be that the amendment the proposed constitutional amend- very, very difficult issue. that I am offering here is kind of a re- ment, but I want to commend the Can Members imagine that Justice dundancy. I am just basically saying chairman of the Committee on the Ju- Scalia supports the position that I am that whatever we do as a Congress to diciary and my colleagues who have advocating here that when one burns prohibit the physical desecration of the conducted this debate up to this point the flag, they are engaging in protected flag must be done consistently with the on the quality of the debate. This is al- speech; yet Justice Rehnquist, some- first amendment to the Constitution, ways a debate which I think has the ca- body who I think most people think is not anything revolutionary here. pacity to bring out the best of the pretty close philosophically to Justice Well, what does the first amendment Members of our body. It does not al- Scalia, takes exactly the opposite posi- mean? I thought I knew what the first ways do that because there are strong- tion. amendment meant. I had a good law ly held positions, and sometimes emo- I tried to imagine during the course school education from what they tell tion overtakes the day and we see the of that debate whether Justice Scalia me is one of the best law schools in the debate deteriorate. There have been in- ever looked at Justice Rehnquist and country, Yale University. Some of my stances when that has happened today, said, ‘‘You are unpatriotic’’; or on the colleagues will differ about whether it but by and large, I think this has been other hand, whether Justice Rehnquist is the best or the second best or in the a high-quality debate, and I want to looked at Justice Scalia and said, ‘‘You top 10 or in the top 30, but most people compliment my colleagues for main- are unpatriotic.’’ agree that it is at least one of the good taining the high quality of that debate. So I started to listen to my good universities, one of the good law I was, at one point, the ranking friend, the gentleman from California schools in the country; and I will tell member on the Subcommittee on the (Mr. CUNNINGHAM), and the gentleman Members, Mr. Robert Bork was my Constitution, occupying the position from Texas (Mr. SAM JOHNSON) and constitutional law professor. We had now held by the gentleman from New what he was saying, and I said, those some free-wheeling discussions in that York (Mr. NADLER); and during my Members believe as vigorously in the class about what the first amendment time in service as the ranking member position they are asserting as the meant. I thought once I got out of law of that subcommittee, I realized that Members on our side believe in the po- school, I understood fully what the the quality of the debate on this pro- sition we are asserting, and we could first amendment was all about. posed constitutional amendment was have a high-quality debate about this And then I went back to North Caro- not the kind of quality that I really flag burning amendment if we honored lina, and I went into the practice of wanted to be involved in. each other’s positions and opinions and law, and one day my senior law part- What I saw was that Members who really came in and talked about the ner, a gentleman by the name of Julius supported the proposed constitutional merits of this proposed constitutional Chambers, came to me and said, I want amendment would come to the floor amendment as opposed to calling each you to go down to eastern North Caro- and they would claim that Members other unpatriotic. lina and represent some Native Ameri- who opposed the constitutional amend- So I decided I would offer an amend- cans who have been charged with pa- ment were somehow unpatriotic; and ment which simply says, not incon- rading and threatening with a toma- Members who opposed the proposed sistent with the first article of amend- hawk in a demonstration that has constitutional amendment and were on ment to this Constitution, the Con- taken place out there. They have been

VerDate Jan 31 2003 04:51 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.095 H03PT1 H4838 CONGRESSIONAL RECORD — HOUSE June 3, 2003 charged with resisting arrest and all of And I think the important thing here CUNNINGHAM) is the words ‘‘not incon- the things that people get charged with is that we should not minimize the dif- sistent with the first article of amend- when the police do not like what they ficulty of the issue and we should not ment to this Constitution.’’ are out there parading about, and these minimize each other because some of What his amendment does is con- Native Americans had been arrested, us happen to be on one side of this stitutionally codify the Johnson and four or five of them had been arrested. issue and some of us happen to be on Eichman decisions that said that flag And my senior law partner sent me to the other side. desecration is protected free speech by eastern North Carolina to defend them I value the first amendment, not that the first amendment to the United against the criminal charges. the people on the other side do not States Constitution. So the gentleman I did not know much more about value it, too. I am sure they do. But in from North Carolina’s qualifying those criminal charges until I got down the process of having the Congress phrase is legislative sleight of hand to eastern North Carolina, and I sat draft and pass a law to prohibit the that will prevent any future Supreme down with my clients, and as I started physical desecration of the flag, the Court from deciding they made a mis- to talk to them about what they were last thing I want is for us to do it in take in the Johnson decision and in the demonstrating about, they looked at such a way that violates the first Eichman decision. For that reason and me and they said, well, we did not want amendment to the Constitution. That for that reason alone, this amendment to go to school with black people. So amendment has been there for years should be rejected, because it does the we were out there demonstrating and years and years and it has served exact opposite to what the gentleman against going to school with black peo- us well. Nobody has tested this new from California and his cosponsors are ple. So I kind of swallowed hard and amendment that is being offered here attempting to do in House Joint Reso- finished that day of activity, and I today which says the Congress shall lution 4. It writes into the Constitution went back to my law office in Char- have power to prohibit the physical Supreme Court decisions that a vast lotte and I confronted my senior law desecration of the flag. Who knows majority of the American public be- partner and said, Julius, why would what the United States Supreme Court lieve were erroneously decided. you send me down to eastern North might read into that. But what I can Never before has Congress tried to do Carolina as a black man to defend peo- tell you is that our first amendment this. I just thank the Lord that they ple who were out there demonstrating has served this country well. And peo- have not. Because if someone tried to against going to school with black people have fought and died for the right constitutionally codify the separate ple? of people to express themselves. Maybe but equal decisions of the United they do not like them expressing them- States Supreme Court in the late 1890s, b 1645 selves by burning the flag, but it is Brown v. Board of Education would Julius Chambers looked me straight considered by some people protected never have been possible and would in the eye, and he told me that day speech. And it cannot be, even in cur- never have been constitutional. That is what the first amendment was all rent day, more recent times, that Colin one of the things that has given minorities in this country the oppor- about. He simply said to me, ‘‘Don’t Powell, the Secretary of State, who tunity for education, to be able to you believe in the first amendment?’’ happens to believe that this proposed graduate from high school and go to a Those are words that I have never constitutional amendment is unneces- good college and go to the top law forgotten. That same law firm rep- sary and ill advised, surely we would schools in the country. So I think that resented the Ku Klux Klan when they not dare to call him unpatriotic. wanted the right to demonstrate and it Whatever we do, my colleagues, I we should hit this amendment head-on. was unpopular. simply implore us to do it consistent We should vote for it or vote against it, This is a difficult issue, and there are with the first amendment to the Con- patriots all; but we should not attempt to put into the Constitution the effect patriots on both sides of this issue. stitution. And if we are able to do that, of the United States Supreme Court de- This is not about whether one side has then I think we will have served our cisions, two of them, in fact, that have a monopoly on patriotism or the other country well. What I suspect is that brought us to this point here. side has a monopoly on patriotism. Congress wants to just, let’s pass this This is a difficult issue because we love Let me repeat. The Watt substitute amendment and leave the difficult amendment puts into the Constitution the flag and the one kind of common part, which is crafting something that theme that I was able to gather from the Johnson and the Eichman decisions really prohibits the physical desecra- that state that physical desecration of all of this discussion over all these tion of the flag without trampling on years because we have been debating the American flag is conduct that is the first amendment, to a future time. protected by the first amendment to this constitutional amendment for 5 or Let us just finesse that issue. This pro- 6 or 7 or 8 or 9 years. Ever since I have the United States Constitution. posed amendment in the nature of a Vote ‘‘no’’ on the Watt substitute been here, it seems like, we have this substitute does not allow us to finesse amendment and pass the resolution. constitutional amendment. it. What it says is that whatever we do Mr. Speaker, I reserve the balance of But the one thing that I think we all when it comes time to start drafting my time. have agreed upon is that none of us our statute that prohibits the physical Mr. WATT. Mr. Speaker, I am proud like people who burn the flag. We are desecration of the flag must be done to yield 5 minutes to the gentleman all patriots. There are 435 of us in this consistent with the first amendment to from Virginia (Mr. SCOTT). body. Every single one of us represents the Constitution. Mr. SCOTT of Virginia. Mr. Speaker, over 600,000 people. Can you imagine Mr. Speaker, I reserve the balance of I rise in support of the amendment of- 600,000 people sending somebody to this my time. fered by the gentleman from North Congress who was not patriotic? This, Mr. SENSENBRENNER. Mr. Speak- Carolina (Mr. WATT). His amendment is my friends, is not about whether you er, I yield myself such time as I may an attempt to clarify how the under- are a patriot or not. It is about your consume. lying legislation will affect the first idea of what the first amendment truly Mr. Speaker, the gentleman from amendment as well as the rest of the means. It could not be that you could North Carolina (Mr. WATT) graduated Constitution. It changes the proposed have Justice Brennan, Justice Mar- from one of the finest law schools in constitutional amendment to read, shall, Justice Blackmun, Justice the country. His speech just concluded ‘‘Not inconsistent with the first article Scalia and Justice Kennedy saying and his amendment showed that he of amendment to this Constitution, that this is protected speech when you learned his constitutional law well Congress shall have the power to pro- burn the flag in certain contexts and from Professor Robert Bork, who is one hibit the physical desecration of the them be not patriotic. These men are of the outstanding constitutional flag of the United States.’’ not unpatriotic. And it could not be scholars in the country. The only dif- So under the Watt amendment, a per- that Justice Rehnquist and Justice ference between the Watt substitute son could not be prosecuted just for the Stevens and Justice White and Justice amendment and the constitutional expression of opinion, or whether or O’Connor are out to lunch on this amendment introduced by the gen- not the sheriff is offended by that opin- issue, either. This is a difficult issue. tleman from California (Mr. ion; and, in other words, you should

VerDate Jan 31 2003 04:51 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.097 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4839 not pass a law that provides for the b 1700 to underscore our commitment to the criminal prosecution for someone who So I think we are stuck with the flag and the values behind it any more burns a worn-out flag while criticizing present law. The Watt amendment than we need an amendment to sup- the administration at an anti-war rally forces us to address the question. press the other enemies of our political if that same legislation allows someone Now, remember, as the gentleman character. I trust the system that we to burn a worn-out flag if they say from North Carolina (Mr. WATT) has have, and I think it is that, frankly, for something nice about the administra- pointed out, the underlying amend- which our veterans have fought. tion while at a flag retirement cere- ment does not prohibit anything, it We have heard a lot of talk today mony sponsored by war supporters. The just says that Congress may pass a law about whether our veterans have fact is that many consider peace rallies regarding the desecration of the flag. fought for a symbol or whether they as vulgar and would like to throw the The real question is what standard are fought for a flag. I would submit to participants in jail. The fact is in many we going to use to judge what con- you, as one Member’s opinion, I think communities, the Bill of Rights is the stitutes desecration and whether or not they fought for a system, and I trust only thing between those protesters it has to be consistent with the speech that system. Whether it yields a 5–4 and the jailhouse. provisions of the first amendment and Supreme Court decision or a 9–0 Su- We should acknowledge that the ulti- preme Court decision, I trust that sys- mate purpose of the proposed amend- the rest of the Constitution or not. This is what the Watt amendment is tem to address that issue. ment is to stifle political expression we I will say in conclusion, Mr. Speaker, aimed at determining. find offensive. And while I agree that that this first amendment of ours has Mr. Speaker, I do not think we ought we should all respect the flag, I do not always been unique because it is this to repeal the Bill of Rights, and there- think it is appropriate to use the amendment that has somehow stood as fore, I urge my colleagues to support criminal code to enforce our views on a barrier to our temporary impulses, it the Watt amendment. those who disagree with us or to stifle has stood as a barrier to the temporary political expression for those who hap- Mr. WATT. Mr. Speaker, I yield 3 minutes to the gentleman from Ala- ways that we would react to things, pen to offend us. and it has served us well. If we are bama (Mr. DAVIS). The Watt amendment would make going to change the way we look at the proposed amendment consistent Mr. DAVIS of Alabama. Mr. Speaker, I thank the gentleman for yielding me flag burning, it ought to be done with the ideals of the Bill of Rights. It through our courts, our highest courts. says that Congress could pass a law time. Mr. Speaker, I rise in support of the If we are going to tinker with the edges prohibiting the physical desecration of of the first amendment, it ought to be the flag so long as it is consistent with amendment from my very able colleague from North Carolina. At the done by our Court, our highest Court. the first amendment. And so the under- I ask my colleagues to vote for the outset, Mr. Speaker, I want to talk lying amendment is either consistent Watts substitute. about what it is that is really the with the rest of the Constitution or it Mr. SENSENBRENNER. Mr. Speak- trumps the rest of the Constitution. Ei- strength of our system, and I would deer, I yield myself 1 minute. ther the underlying amendment will fine it this way: The strength of our Mr. Speaker, there is a difference be- override the first amendment or it will system is nothing less than its capac- tween the Court decisions on flag dese- not. At least we ought to be honest and ity to absorb the worst impulses in our cration and the Court decisions on answer the question. character. burning crosses and painting swastikas The Watt amendment says the under- Now, my very able colleague from on synagogues. On the one hand, the lying amendment will not override the Wisconsin mentioned Brown v. Board Court has said that flag desecration is first amendment and that any legisla- of Education. The day the Supreme protected by the first amendment as tion passed under it has to be con- Court issued the ruling in Brown v. free speech or free political expression. sistent with the first amendment. On Board of Education, there were crosses The Supreme Court has never struck the other hand, if the Watt amendment burned in this country. There were down an anticross-burning law or a is defeated, then that action suggests crosses that were burned on the day hate crime law that makes it a crime that legislation passed under the con- that Martin Luther King was assas- to paint a swastika on a synagogue as stitutional amendment may not be sinated. There are bigots who paint political expression protected by the consistent with the first amendment. swastikas on synagogues in our coun- first amendment to the United States And if it overrides the first amendment try. There were thugs who called our Constitution. on speech, what else does it override? soldiers war criminals and who waived That is why we are here debating this Does it override the first amendment the Vietcong flag in their face when constitutional amendment, because in terms of religion? If you were to they came back from Vietnam. there are a lot of us that believe that pass a statute establishing a national There is no constitutional amend- the Supreme Court was wrong when prayer for the protection of the flag, ment to regulate the cross burners or they decided that desecrating the flag that would be inconsistent with the es- the bigots who paint swastikas on syn- was political expression protected by tablishment clause. But does this con- agogues. There is no constitutional the first amendment. stitutional amendment override the es- amendment to regulate or prescribe Mr. Speaker, I yield 2 minutes to the tablishment clause? What about the the enemies of our democracy who gentleman from California (Mr. equal protection clause? Can you pass a would call our soldiers war criminals. CUNNINGHAM). law that says some people can burn the The reason is because we have frankly Mr. CUNNINGHAM. Mr. Speaker, I flag but other people cannot, in viola- concluded that we do not need one. We would say to my colleagues on the tion of the equal protection clause? count on our values and we count on other side of this issue, if you do not Will this legislation trump that? Or the best angels in our nature to over- have an outlet for civil unrest, burn a will the rest of the Constitution re- whelm the worst of us. We do not count French flag; but do not try to do it in main as it is? on amendments, we count on the best France, because you will end up in jail. My view is that this amendment is angels in our nature. As my friend on the other side that superfluous, that the rest of the Con- If we pass this amendment without offered this substitute said, we all have stitution is there. The chairman sug- the Watts substitute, let us make it different opinions on this particular gests that it codifies present law and, if clear what we are doing. We would be issue. We feel very, very strongly, as so, if it does codify present law, this singling out one class of speech, one the gentleman does on that side. But I amendment as it is, you ought to say uniquely obnoxious viewpoint, and we will tell my friend the reason I think so. You ought to say whether or not it would be saying that this idea is some- he is wrong, and that is that for 200 is consistent with the free speech pro- how so corrosive, so dangerous, that we years we had tradition in this country vision of the first amendment, you can cannot count on our values to trump it. that States had penalties for those pass the law, or whether or not it is Mr. Speaker, I am frankly not pre- that desecrated the flag, and in one 5– consistent with the rest of the Con- pared to give the idiocy and the stu- 4 decision, that was changed. stitution, you can pass the law. It does pidity of flag burning this kind of Now, 80 percent, up to 86 percent not say so. power. We do not need an amendment sometimes when they take polls, of the

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.099 H03PT1 H4840 CONGRESSIONAL RECORD — HOUSE June 3, 2003 American people disagree with the gen- believe that we should reaffirm that our inten- Amendment and the robust exchange of views tleman. All 50 States, not 40, not 30, tion is not to limit the protections of the First that it promotes that distinguishes our country but all 50 States have passed resolu- Amendment. We should not start down the from countries that fear political dissent and tions saying that they will ratify this road toward narrowing the scope of the First imprison dissenters for expressing their views. position, which says that my friend’s Amendment to our Constitution. Mr. Speaker, the proposed cure of a Con- opinion is wrong. Yet, Mr. Speaker, unfortunately, I fear that stitutional Amendment is far worse than the I will say that 100 percent of the vet- the Watt substitute will not receive the support disease it is intended to address. Our Con- erans organizations, those men and that it deserves because the process of constitution is a great document that has pro- women that fought to keep this coun- sidering this resolution is not about the law. tected us from oppression for over 200 years. try free, support this. They are out in It’s about politics. In my view, the underlying We ought not to tinker with it when such tin- this city campaigning for this amend- flag desecration resolution is really political kering clearly is not required. I urge my col- ment, and they are going to score this theater of the worst kind. leagues to support the Watt substitute and re- vote, every single one of them, because While the Resolution no doubt is calculated ject the dangerous, ill-considered underlying they feel so strongly and say that my to win favor with veterans organizations, and base bill. friend is wrong in his opinion. may well satisfy some of them, decimating our Mr. WATT. Mr. Speaker, I yield 30 Yes, he does have the right to that Constitution is the wrong way to honor our seconds to the gentlewoman from Flor- opinion. But I would say that when veterans. Thus, the need for the Watt sub- ida (Ms. CORRINE BROWN). some people have said that it does no stitute. Ms. CORRINE BROWN of Florida. harm, listen to what it did to the gen- The reality is that many of the Republicans Mr. Speaker, let me just remind the tleman from Texas (Mr. JOHNSON) when who will speak so fervently this afternoon Members of this House that just 74 he was a POW and the Vietnamese told about the need for this Resolution are the short days ago in this same room we him they were burning the American same Members of Congress who voted for a stood in the People’s House and flag. It was disheartening. That does House Republican Budget Resolution that stripped the veterans’ budget by about affect us. would have cut appropriations for Veterans $30 billion. That is $30 billion. We cut Mr. WATT. Mr. Speaker, I yield 1 health care over ten years by a total of $6.2 20,000 VA nurses. Where was the patri- minute to the gentlewoman from Cali- billion below the level needed to maintain pur- otism when we lost 6.6 million out- fornia (Ms. WATERS). chasing power at the 2003 level. patient visits? Where were you waving Ms. WATERS. Mr. Speaker, I would Just so that the Republicans, who could not your flag as you voted to drop over like to thank my colleague on the see fit to provide a child tax credit to millions 160,000 veterans from the VA health Committee on the Judiciary for his of low income workers, nonetheless could pro- care? brilliant presentation on behalf of op- vide more than $1 trillion in tax cuts over ten Mr. Speaker, we can talk the talk; we posing this amendment. years, principally to the wealthy, to those who need to walk the walk. Let us support Mr. Speaker, I came to the floor sim- need it least. the veterans, not with our discussion of ply to say that despite the fact that The original House Budget resolution would the flag, but with service to our VA the debate has been about the first have cut veterans programs by $28 billion veterans. amendment, we really do have another over ten years. As all of us know, the Budget Mr. WATT. Mr. Speaker, I yield my- issue that has not been talked about a Resolution Conference Agreement that ulti- self the balance of my time. lot, and the issue is this: There are mately was adopted provides for an unspec- Mr. Speaker, I think the gentleman those who would use this particular ified $128 billion cut over ten years in discre- from Alabama (Mr. DAVIS) hit the nail amendment to try and send a message tionary spending with $7.6 billion in additional on the head that this is about our sys- to the veterans that they care more unspecified cuts to take place in FY 2004 tem. I have the utmost confidence in about them than some of us, that they alone. So the risk to veterans programs is our system. This is not really about are more patriotic than some of us. real, and the appropriations process will reflect those two Supreme Court opinions, be- We are all patriotic. We all say the it. cause a different composition of the Pledge of Allegiance to the flag. We all Mr. Speaker, our veterans need help, not Supreme Court may well say that flag sing ‘‘My Country ’tis of Thee.’’ And just flag-waving. The best way that Congress burning is not prohibited, that it is some of us add to that our support for can honor veterans is to ensure that programs protected speech or is not protected veterans by putting our money where designed to protect Veterans and provide speech. The first amendment will con- our mouths are. We do not support the them with desperately needed assistance are tinue to say what it says. cuts that are being proposed by the op- properly funded. But I respect the system under which posite side of the aisle. We have stood Mr. Speaker, the issue before us is not one we operate that allows the Supreme up on this floor relative to this budget of patriotism. It’s one of priorities. We have Court to be the ultimate arbiter of time and time again asking our Repub- veterans who now wait six months before they whether we have violated the first lican friends, please do not cut the vet- can see a doctor in the VA health system. Our amendment or not. erans. veterans wait years before they can even get Mr. Speaker, I yield back the balance I am patriotic. I support the vet- a decision on their VA disability claims. Is this of my time. erans. I may be against this amend- how we honor our veterans? Is this how we Mr. SENSENBRENNER. Mr. Speak- ment, but I will be there at appropria- honor their service and their sacrifice? er, I yield myself the balance of my tions fighting for them. The folks on Mr. Speaker, we will know that this House time. the opposite side of the aisle will not. is serious about honoring our veterans, when Mr. Speaker, this debate here and Mr. Speaker, I rise in opposition to the pro- we focus our attention on Democratic pro- now is not on the appropriation for the posed constitutional amendment and in sup- posals to reduce the waiting times for our vet- Department of Veterans Affairs; it is port of the Watt substitute which is intended to erans to see a doctor, and reduce the han- on whether or not the Congress can harmonize the proposed amendment with the dling time for VA disability claims. pass the constitutional amendment re- protections of the First Amendment. H.J. Res. 4 will merely serve to dishonor the versing two Supreme Court decisions It seems to me that the substitute that Con- Constitution and to betray the very ideals for and prohibiting the physical desecra- gressman WATT is proposing is a common which so many veterans fought, and for which tion of the American flag. sense amendment that Members can and so many members of our armed forces made The gentleman from California (Mr. should support, whatever their position on the the ultimate sacrifice. CUNNINGHAM), who is a veteran, and I need for, or desirability of a flag desecration Adopting this resolution will encourage fur- am not, stated the position of every amendment. ther departures from the First Amendment and veterans organization in the country: Mr. Speaker, I believe that flag desecration diminish respect for our Constitution. Once we They are for this. is an act that deserves condemnation. None- start down the road to limiting speech on the The vote at hand is going to be on theless, I strongly oppose the proposed con- basis of content, it is virtually certain that fur- the Watts substitute amendment. As I stitutional amendment. The amendment is ther restrictions of our First Amendment lib- stated in my earlier argument, what dangerous and should not be approved. erties would follow. this substitute amendment does is con- Yet, at a minimum, if we are going to adopt Mr. Speaker, freedom of expression is at stitutionally codify the Johnson and the proposed flag desecration amendment, I the very heart of our democracy. It is our First the Eichman decisions, which state

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.101 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4841 that flag desecration is protected free Texas v. Johnson, and United States v. in which some American may express their speech under the first amendment of Eichman, two cases in which the Court held dissent with Government activity. This is an the United States Constitution. that state and federal government efforts to unacceptable limit on the content of the dis- Mr. WATT. Mr. Speaker, will the prohibit physical ‘‘desecration’’ of the flag by sent itself. gentleman yield? statute were content-based political speech re- Mr. WATT’s substitute to H.J. Res. 4, en- Mr. SENSENBRENNER. I yield to strictions and imposed unconstitutional limita- sures that every American can voice their the gentleman from North Carolina. tions on that speech. opinions in a way that is consistent with the Mr. WATT. Mr. Speaker, I appreciate In Texas v. Johnson, Gregory Johnson was First Amendment to the United States Con- the chairman yielding, because the arrested for burning the U.S. flag during a pro- stitution, including speech that is critical of our chairman has made that point several test at the Republican National Convention in local, State, and Federal governments. times. Does the chairman understand Dallas. His acts were a deemed a violation of Mr. Speaker, I reject H.J. Res. 4 as it is that future Supreme Courts may, in Texas’s ‘‘Venerated Objects’’ statute that out- presently written. I support Mr. WATT’s sub- fact, have a completely different inter- lawed ‘‘intentionally or knowingly’’ desecrating stitute to H.J. Res. 4, and urge my colleagues pretation of that, and that my amend- a ‘‘national flag.’’ The Supreme Court found to support the substitute to protect the First ment does not say anything about that Johnson’s conduct constituted symbolic those decisions? It just respects the Amendment freedoms of all Americans. expression and was, therefore, protected by Mr. SENSENBRENNER. Mr. Speak- system under which we are operating. the First Amendment. The Court determined Mr. SENSENBRENNER. Mr. Speak- er, I yield back the balance of my time. that because Mr. Johnson’s guilt depended on er, reclaiming my time, what it does do The SPEAKER pro tempore (Mr. the content of his expressive conduct and was is, in order to prevent flag desecration, THORNBERRY). Pursuant to House Reso- restricted because of that content, the Texas it requires the Supreme Court of the lution 255, the previous question is or- law was an unconstitutional violation of the United States to admit it made a mis- dered on the amendment in the nature First Amendment. take and expressly overrule both the of a substitute and on the joint resolu- After the Johnson ruling Congress passed Johnson and Eichman decisions. The tion. the Flag Protection Act. Under that Act, crimi- Supreme Court of the United States The question is on the amendment in nal charges were brought against protesters in does not overrule previous decisions the nature of a substitute offered by Seattle and Washington, D.C. In both cases, very often. It did it in Brown v. The the gentleman from North Carolina the federal district courts relied on Johnson, Board of Education. But not very often (Mr. WATT). striking down the Flag Protection Act as un- in other major areas, particularly in The question was taken; and the constitutional when applied to political pro- the interpretation of constitutional Speaker pro tempore announced that testers. The Supreme Court concluded that law, does the Supreme Court of the the noes appeared to have it. Congress’ attempt to protect the flag was re- United States do it. Mr. WATT. Mr. Speaker, I object to The way to hit this issue is head on. lated to ‘‘the suppression of free expression’’ the vote on the ground that a quorum If you do not like this amendment, that gave rise to an infringement of First is not present and make the point of vote ‘‘no,’’ but do not adopt the Watts Amendment rights. order that a quorum is not present. The substitute proposed my Mr. WATT is de- substitute amendment, which merely The SPEAKER pro tempore. Evi- tosses the ball back to the Supreme signed to protect American’s right to express their opinions and views in a way that is con- dently a quorum is not present. Court, which twice has told us that The Sergeant at Arms will notify ab- flag desecration is constitutionally sistent with the First Amendment, and also consistent with Supreme Court precedent. sent Members. protected. The vote was taken by electronic de- The only way to reverse what the Su- Freedom of speech and freedom of expression are fundamental components of our de- vice, and there were—yeas 129, nays preme Court has done for sure is to de- 296, not voting 8, as follows: feat the Watts substitute amendment mocracy. Limiting the ability of American citi- and pass the underlying bill introduced zens to voice their opinions about their gov- [Roll No. 233] by the gentleman from California (Mr. ernment, through flag desecrations or other- YEAS—129 CUNNINGHAM). wise, is a violation of the principles of our de- Abercrombie Hinchey Nadler Mr. Speaker, I ask for a ‘‘no’’ vote on mocracy that are symbolized in the American Ackerman Hoeffel Neal (MA) the substitute, a ‘‘yes’’ vote on passage flag. The ability of American citizens to speak Allen Holt Oberstar their views, especially when those views are Baldwin Honda Obey of the constitutional amendment. Ballance Hooley (OR) Olver Ms. JACKSON-LEE of Texas. Mr. Speaker, unpopular, against the status quo, or even Becerra Inslee Otter I rise in support of the substitute to H.J. Res. considered outrageous, is an affirmative social Bell Israel Owens good. It is those dissenting views that often Blumenauer Jackson (IL) Paul 4, a resolution proposing an amendment to Boucher Jackson-Lee Payne the Constitution of the United States author- bring about social changes, legal changes, Brady (PA) (TX) Pelosi and government changes that benefit all Brown (OH) Jefferson izing Congress to prohibit the physical dese- Price (NC) Americans. For example, I shudder to image Brown, Corrine Johnson, E. B. cration of the American flag, offered by my Capps Jones (OH) Rangel colleague The Honorable MELVIN WATT. I urge that America would be today if the ‘‘unpopu- Capuano Kaptur Roybal-Allard my colleagues to reject H.J. Res. 4 as it is lar’’ views of Dr. Martin Luther King, Jr. were Cardin Kennedy (RI) Rush presently written, and to support the sub- silenced. Carson (IN) Kilpatrick Ryan (OH) The substitute offered by my colleague Mr. Case Kind Sabo stitute. Clay Kleczka Sanchez, Linda H.J. Res. 4, states, ‘‘The following article is WATT protects all First Amendment Free Clyburn Kucinich T. proposed as an amendment to the Constitu- Speech including those expressions that are Cummings Lampson Sanchez, Loretta tion of the United States, which shall be valid critical of our local, state, and Federal govern- Davis (AL) Larsen (WA) Sanders Davis (IL) Leach to all intents and purpose as part of the Con- ments. I proposed an Amendment to H.J. Res. Schakowsky DeFazio Lee Schiff stitution when ratified by the legislatures of 4, to protect Americans’ right to speak our DeLauro Lofgren Scott (VA) three-fourths of the several States within against their governments, even if they ex- Dicks Lowey Serrano press themselves by desecrating the flag. I Dooley (CA) Majette Slaughter seven years after the date of its submission Emanuel Maloney Solis for ratification: Article—‘The Congress shall support Mr. WATT’s substitute because it pro- Engel Markey Spratt tects American’s rights to voice unpopular Eshoo Matheson have power to prohibit the physical desecra- Stark Etheridge Matsui tion of the flag of the United States.’. ’’ (em- views. Tanner I join many Americans in the belief that Evans McCarthy (MO) phasis added). Farr McCollum Tauscher The amendment to the Constitution pro- some desecrations of the flag are distasteful Fattah McDermott Thompson (CA) posed in H.J. Res. 4 is a severe abridgement and offensive. However, my offense at some Filner McGovern Thompson (MS) of the freedom of expression protected by the expressions of free speech is outweighed by Ford McNulty Tierney Frank (MA) Meehan Towns First Amendment of the United States Con- my respect for the First Amendment. I may Frost Meeks (NY) Udall (CO) stitution. If ratified, H.J. Res. 4 would, for the disagree with some how some Americans ex- Gilchrest Millender- Udall (NM) first time in our Nation’s history, modify the Bill press their views by destroying the American Gonzalez McDonald Van Hollen of Rights to limit freedom of expression. flag. But I will not trample on the First Amend- Greenwood Miller (NC) Velazquez Grijalva Miller, George Visclosky This Constitutional amendment is a re- ment to silence a voice with which I do not Hastings (FL) Moore Waters sponse to a pair of Supreme Court decisions, agree. H.J. Res. 4 places limits on the manner Hill Moran (VA)

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.102 H03PT1 H4842 CONGRESSIONAL RECORD — HOUSE June 3, 2003 Watson Waxman Woolsey Wamp Whitfield Wolf Doolittle Knollenberg Ramstad Watt Weiner Wu Weldon (FL) Wicker Wynn Doyle Kolbe Regula Weldon (PA) Wilson (NM) Young (AK) Duncan Kucinich Rehberg NAYS—296 Weller Wilson (SC) Young (FL) Dunn LaHood Renzi Edwards Lampson Reyes Aderholt Foley Murphy NOT VOTING—8 Emerson Langevin Reynolds Akin Forbes Murtha Carson (OK) Herger Smith (WA) English Lantos Rodriguez Alexander Fossella Musgrave Conyers Larson (CT) Wexler Etheridge Latham Rogers (AL) Andrews Franks (AZ) Myrick Gephardt Ryan (WI) Everett LaTourette Rogers (KY) Baca Frelinghuysen Napolitano Feeney Lewis (CA) Rogers (MI) Bachus Gallegly Nethercutt ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Ferguson Lewis (KY) Rohrabacher Baird Garrett (NJ) Ney Fletcher Linder Ros-Lehtinen Baker Gerlach Northup The SPEAKER pro tempore (Mr. Foley Lipinski Ross Ballenger Gibbons Norwood THORNBERRY) (during the vote). Mem- Forbes LoBiondo Rothman Barrett (SC) Gillmor Nunes bers are advised that 2 minutes remain Ford Lucas (KY) Royce Bartlett (MD) Gingrey Nussle for this vote. Fossella Lucas (OK) Ruppersberger Barton (TX) Goode Ortiz Franks (AZ) Lynch Ryun (KS) Bass Goodlatte Osborne Frelinghuysen Manzullo Sanchez, Loretta Beauprez Gordon Ose b 1737 Frost Marshall Sandlin Bereuter Goss Oxley Messrs. PASCRELL, DEUTSCH, Gallegly McCarthy (NY) Saxton Berkley Granger Pallone Garrett (NJ) McCotter Berman Graves Pascrell FRANKS of Arizona, PETRI, LEWIS of Schrock Gerlach McCrery Scott (GA) Berry Green (TX) Pastor Georgia, BISHOP of New York, SMITH Gibbons McGovern Biggert Green (WI) Pearce Sensenbrenner of Michigan, FLAKE and SHADEGG Gillmor McHugh Sessions Bilirakis Gutierrez Pence Gingrey McInnis Bishop (GA) Gutknecht Peterson (MN) changed their vote from ‘‘yea’’ to Shaw Goode McIntyre Sherman Bishop (NY) Hall Peterson (PA) ‘‘nay.’’ Goodlatte McKeon Bishop (UT) Harman Petri Sherwood Mr. OTTER changed his vote from Gordon McNulty Shimkus Blackburn Harris Pickering Goss Meek (FL) Blunt Hart Pitts ‘‘nay’’ to ‘‘yea.’’ Shuster Granger Menendez Simmons Boehlert Hastings (WA) Platts So the amendment in the nature of a Graves Mica Boehner Hayes Pombo Simpson substitute was rejected. Green (TX) Michaud Skelton Bonilla Hayworth Pomeroy Green (WI) Millender- The result of the vote was announced Smith (MI) Bonner Hefley Porter Gutierrez McDonald Smith (NJ) Bono Hensarling Portman as above recorded. Gutknecht Miller (FL) Smith (TX) Boozman Hinojosa Pryce (OH) The SPEAKER pro tempore (Mr. Hall Miller (MI) Souder Boswell Hobson Putnam Harman Miller, Gary THORNBERRY). The question is on en- Spratt Boyd Hoekstra Quinn Harris Mollohan grossment and third reading of the Stearns Bradley (NH) Holden Radanovich Hart Moran (KS) Stenholm Brady (TX) Hostettler Rahall joint resolution. Hastings (WA) Murphy Strickland Brown (SC) Houghton Ramstad Hayes Murtha The joint resolution was ordered to Stupak Brown-Waite, Hoyer Regula Hayworth Musgrave be engrossed and read a third time, and Sullivan Ginny Hulshof Rehberg Hefley Myrick Sweeney Burgess Hunter Renzi was read the third time. Hensarling Napolitano Burns Hyde Reyes The SPEAKER pro tempore. The Hinojosa Neal (MA) Tancredo Burr Isakson Reynolds Hobson Nethercutt Tauzin Burton (IN) Issa Rodriguez question is on passage of the joint reso- Taylor (MS) lution. Holden Ney Buyer Istook Rogers (AL) Hostettler Northup Taylor (NC) Calvert Janklow Rogers (KY) The question was taken. Houghton Norwood Terry Camp Jenkins Rogers (MI) The SPEAKER pro tempore. In the Hulshof Nunes Thomas Cannon John Rohrabacher Thompson (MS) opinion of the Chair, two-thirds of Hunter Nussle Cantor Johnson (CT) Ros-Lehtinen Hyde Ortiz Thornberry Capito Johnson (IL) Ross those present have voted in the affirm- Isakson Osborne Tiahrt Cardoza Johnson, Sam Rothman ative. Issa Ose Tiberi Carter Jones (NC) Royce Mr. SENSENBRENNER. Mr. Speak- Istook Otter Toomey Castle Kanjorski Ruppersberger Towns er, on that I demand the yeas and nays. Janklow Oxley Chabot Keller Ryun (KS) Jefferson Pallone Turner (OH) Chocola Kelly Sandlin The yeas and nays were ordered. Jenkins Pascrell Turner (TX) Coble Kennedy (MN) Saxton The SPEAKER pro tempore. This John Pearce Upton Cole Kildee Schrock vote will be followed by a 5-minute Johnson (CT) Pence Vitter Collins King (IA) Scott (GA) Johnson (IL) Peterson (MN) Walden (OR) Cooper King (NY) Sensenbrenner vote on the motion to suspend the Johnson, Sam Peterson (PA) Walsh Costello Kingston Sessions rules and adopt House Resolution 231 Jones (NC) Pickering Wamp Cox Kirk Shadegg Kanjorski Pitts Weldon (FL) Cramer Kline Shaw on which the yeas and nays were postponed yesterday. Kaptur Platts Weldon (PA) Crane Knollenberg Shays Keller Pombo Weller Crenshaw Kolbe Sherman The vote was taken by electronic de- Kelly Pomeroy Whitfield Crowley LaHood Sherwood vice, and there were—yeas 300, nays Kennedy (MN) Porter Wicker Cubin Langevin Shimkus 125, not voting 8, as follows: Kildee Portman Wilson (NM) Culberson Lantos Shuster King (IA) Pryce (OH) Wilson (SC) Cunningham Latham Simmons [Roll No. 234] King (NY) Putnam Wolf Davis (CA) LaTourette Simpson YEAS—300 Kingston Quinn Wynn Davis (FL) Levin Skelton Kirk Radanovich Young (AK) Davis (TN) Lewis (CA) Smith (MI) Aderholt Bonilla Chabot Kline Rahall Young (FL) Davis, Jo Ann Lewis (GA) Smith (NJ) Akin Bonner Chocola Davis, Tom Lewis (KY) Smith (TX) Alexander Bono Clyburn NAYS—125 Deal (GA) Linder Snyder Andrews Boozman Coble DeGette Lipinski Souder Baca Boswell Cole Abercrombie Dicks Holt Delahunt LoBiondo Stearns Bachus Boyd Collins Ackerman Dingell Honda DeLay Lucas (KY) Stenholm Baird Bradley (NH) Costello Allen Doggett Hooley (OR) DeMint Lucas (OK) Strickland Baker Brady (TX) Cox Baldwin Dreier Hoyer Deutsch Lynch Stupak Ballenger Brown (OH) Cramer Ballance Ehlers Inslee Diaz-Balart, L. Manzullo Sullivan Barrett (SC) Brown (SC) Crane Becerra Emanuel Israel Diaz-Balart, M. Marshall Sweeney Bartlett (MD) Brown, Corrine Crenshaw Berman Engel Jackson (IL) Dingell McCarthy (NY) Tancredo Barton (TX) Brown-Waite, Crowley Blumenauer Eshoo Jackson-Lee Doggett McCotter Tauzin Bass Ginny Cubin Boucher Evans (TX) Doolittle McCrery Taylor (MS) Beauprez Burgess Culberson Brady (PA) Farr Johnson, E. B. Doyle McHugh Taylor (NC) Bell Burns Cunningham Capuano Fattah Jones (OH) Dreier McInnis Terry Bereuter Burr Davis (FL) Cardin Filner Kennedy (RI) Duncan McIntyre Thomas Berkley Burton (IN) Davis (TN) Carson (IN) Flake Kilpatrick Dunn McKeon Thornberry Berry Buyer Davis, Jo Ann Case Frank (MA) Kind Edwards Meek (FL) Tiahrt Biggert Calvert Davis, Tom Clay Gilchrest Kleczka Ehlers Menendez Tiberi Bilirakis Camp Deal (GA) Cooper Gonzalez Larsen (WA) Emerson Mica Toomey Bishop (GA) Cannon Delahunt Cummings Greenwood Leach English Michaud Turner (OH) Bishop (NY) Cantor DeLay Davis (AL) Grijalva Lee Everett Miller (FL) Turner (TX) Bishop (UT) Capito DeMint Davis (CA) Hastings (FL) Levin Feeney Miller (MI) Upton Blackburn Capps Deutsch Davis (IL) Hill Lewis (GA) Ferguson Miller, Gary Vitter Blunt Cardoza Diaz-Balart, L. DeFazio Hinchey Lofgren Flake Mollohan Walden (OR) Boehlert Carter Diaz-Balart, M. DeGette Hoeffel Lowey Fletcher Moran (KS) Walsh Boehner Castle Dooley (CA) DeLauro Hoekstra Majette

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.047 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4843 Maloney Payne Solis Capps Hastings (WA) Meeks (NY) Shays Tancredo Visclosky Markey Pelosi Stark Capuano Hayes Menendez Sherman Tanner Vitter Matheson Petri Tanner Cardoza Hayworth Mica Sherwood Tauscher Walden (OR) Matsui Price (NC) Tauscher Carson (IN) Hefley Michaud Shimkus Tauzin Walsh McCarthy (MO) Rangel Thompson (CA) Carter Hensarling Millender- Shuster Taylor (MS) Wamp McCollum Roybal-Allard Tierney Case Hill McDonald Simmons Taylor (NC) Waters McDermott Rush Udall (CO) Castle Hinchey Miller (FL) Simpson Terry Watson Meehan Ryan (OH) Udall (NM) Chabot Hinojosa Miller (MI) Skelton Thomas Watt Meeks (NY) Sabo Slaughter Thompson (CA) Waxman Van Hollen Chocola Hobson Miller (NC) Miller (NC) Sanchez, Linda Smith (MI) Thompson (MS) Weiner Velazquez Clay Hoeffel Miller, Gary Miller, George T. Miller, George Smith (NJ) Thornberry Weldon (FL) Visclosky Clyburn Hoekstra Moore Sanders Coble Holden Mollohan Smith (TX) Tiahrt Weldon (PA) Waters Moran (VA) Schakowsky Cole Holt Moore Snyder Tiberi Weller Watson Nadler Schiff Collins Honda Moran (KS) Solis Tierney Whitfield Watt Oberstar Scott (VA) Cooper Hooley (OR) Moran (VA) Souder Toomey Wicker Obey Serrano Waxman Costello Hostettler Murphy Spratt Towns Wilson (NM) Olver Shadegg Weiner Cox Houghton Murtha Stark Turner (OH) Wilson (SC) Owens Shays Woolsey Cramer Hoyer Musgrave Stearns Turner (TX) Wolf Pastor Slaughter Wu Crane Hulshof Myrick Stenholm Udall (CO) Woolsey Paul Snyder Crenshaw Hunter Nadler Strickland Udall (NM) Wu Stupak Upton Wynn NOT VOTING—8 Crowley Hyde Napolitano Cubin Inslee Neal (MA) Sullivan Van Hollen Young (AK) Carson (OK) Herger Smith (WA) Culberson Isakson Nethercutt Sweeney Velazquez Young (FL) Conyers Larson (CT) Wexler Cummings Israel Ney NOT VOTING—11 Gephardt Ryan (WI) Cunningham Issa Northup Davis (AL) Istook Norwood Cardin Gordon Ryan (WI) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Davis (CA) Jackson (IL) Nunes Carson (OK) Greenwood Smith (WA) The SPEAKER pro tempore (Mr. Davis (FL) Jackson-Lee Nussle Conyers Herger Wexler Gephardt Larson (CT) THORNBERRY) (during the vote). Mem- Davis (IL) (TX) Oberstar bers have 2 minutes remaining in this Davis (TN) Janklow Obey ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Davis, Jo Ann Jefferson Olver vote. Davis, Tom Jenkins Ortiz The SPEAKER pro tempore (during Deal (GA) John Osborne the vote). Members are advised 2 min- b 1754 DeFazio Johnson (CT) Ose utes remain in this vote. Ms. LORETTA SANCHEZ of Cali- DeGette Johnson (IL) Otter Delahunt Johnson, E. B. Owens b 1803 fornia and Mrs. NAPOLITANO changed DeLauro Johnson, Sam Oxley So (two-thirds having voted in favor their vote from ‘‘nay’’ to ‘‘yea.’’ DeLay Jones (NC) Pallone So (two-thirds having voted in favor DeMint Jones (OH) Pascrell thereof) the rules were suspended and thereof) the joint resolution was Deutsch Kanjorski Pastor the resolution was agreed to. Diaz-Balart, L. Kaptur Paul The result of the vote was announced passed. Diaz-Balart, M. Keller Payne as above recorded. Kelly Pearce The result of the vote was announced Dicks A motion to reconsider was laid on as above recorded. Dingell Kennedy (MN) Pelosi Kennedy (RI) Pence the table. A motion to reconsider was laid on Doggett Dooley (CA) Kildee Peterson (MN) f the table. Doolittle Kilpatrick Peterson (PA) Doyle Kind Petri PERSONAL EXPLANATION f Dreier King (IA) Pickering Duncan King (NY) Pitts Mr. LARSON of Connecticut. Mr. Speaker, I SUPPORTING THE GOALS AND Dunn Kingston Platts regret that I could not be present today, Tues- IDEALS OF PEACE OFFICERS ME- Edwards Kirk Pombo day, June 03, 2003, to vote on rollcall vote MORIAL DAY Ehlers Kleczka Pomeroy Emanuel Kline Porter Nos. 230, 231, 232, 233, 234, and 235 due to The SPEAKER pro tempore. The un- Emerson Knollenberg Portman a family medical emergency. finished business is the question of sus- Engel Kolbe Price (NC) Had I been present, I would have voted: English Kucinich Pryce (OH) ‘‘No’’ on rollcall vote No. 230 on S. 222— pending the rules and agreeing to the Eshoo LaHood Putnam resolution, H. Res. 231. Etheridge Lampson Quinn Zuni Indian Tribe Water Rights Settlement Act The Clerk read the title of the resolu- Evans Langevin Radanovich of 2003; tion. Everett Lantos Rahall ‘‘No’’ on rollcall vote No. 231 on S. 273— Farr Larsen (WA) Ramstad Grand Teton National Park Land Exchange The SPEAKER pro tempore. The Fattah Latham Rangel question is on the motion offered by Feeney LaTourette Regula Act; the gentleman from Indiana (Mr. Ferguson Leach Rehberg ‘‘Yea’’ on rollcall vote No. 232 on S. 7563— Filner Lee Renzi To designate the Federal building and United SOUDER) that the House suspend the Flake Levin Reyes States courthouse located at 46 East Ohio rules and agree to the resolution, H. Fletcher Lewis (CA) Reynolds Res. 231, on which the yeas and nays Foley Lewis (GA) Rodriguez Street in Indianapolis, Indiana, as the ‘‘Birch Forbes Lewis (KY) Rogers (AL) Bayh Federal Building and United States are ordered. Ford Linder Rogers (KY) This will be a 5-minute vote. Courthouse’’; Fossella Lipinski Rogers (MI) ‘‘Yea’’ on rollcall vote No. 233 on the The vote was taken by electronic de- Frank (MA) LoBiondo Rohrabacher amendment in the nature of a substitute to vice, and there were—yeas 422, nays 0, Franks (AZ) Lofgren Ros-Lehtinen Frelinghuysen Lowey Ross H.J. Res. 4 offered by Congressman WATT; not voting 11, as follows: Frost Lucas (KY) Rothman ‘‘Yea’’ on rollcall vote No. 234 on final pas- [Roll No. 235] Gallegly Lucas (OK) Roybal-Allard Garrett (NJ) Lynch Royce sage of H.J. Res. 4—Constitutional Amend- YEAS—422 Gerlach Majette Ruppersberger ment to Prohibit Desecration of the Flag; and Abercrombie Bell Boucher Gibbons Maloney Rush ‘‘Yea’’ on rollcall vote No. 235 on H. Res. Ackerman Bereuter Boyd Gilchrest Manzullo Ryan (OH) 231—Supporting the goals and ideals of Aderholt Berkley Bradley (NH) Gillmor Markey Ryun (KS) Akin Berman Brady (PA) Gingrey Marshall Sabo Peace Officers Memorial Day. Alexander Berry Brady (TX) Gonzalez Matheson Sanchez, Linda f Allen Biggert Brown (OH) Goode Matsui T. Andrews Bilirakis Brown (SC) Goodlatte McCarthy (MO) Sanchez, Loretta JOBS AND GROWTH PLAN Baca Bishop (GA) Brown, Corrine Goss McCarthy (NY) Sanders (Mrs. BLACKBURN asked and was Bachus Bishop (NY) Brown-Waite, Granger McCollum Sandlin Baird Bishop (UT) Ginny Graves McCotter Saxton given permission to address the House Baker Blackburn Burgess Green (TX) McCrery Schakowsky for 1 minute and to revise and extend Baldwin Blumenauer Burns Green (WI) McDermott Schiff her remarks.) Ballance Blunt Burr Grijalva McGovern Schrock Ballenger Boehlert Burton (IN) Gutierrez McHugh Scott (GA) Mrs. BLACKBURN. Mr. Speaker, I Barrett (SC) Boehner Buyer Gutknecht McInnis Scott (VA) suppose I should not be surprised by Bartlett (MD) Bonilla Calvert Hall McIntyre Sensenbrenner the latest tactics Democrats are em- Barton (TX) Bonner Camp Harman McKeon Serrano ploying to convince Americans that Bass Bono Cannon Harris McNulty Sessions Beauprez Boozman Cantor Hart Meehan Shadegg the jobs and growth plan ignores work- Becerra Boswell Capito Hastings (FL) Meek (FL) Shaw ing families, but today I think most of

VerDate Jan 31 2003 05:56 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.048 H03PT1 H4844 CONGRESSIONAL RECORD — HOUSE June 3, 2003 us were a bit shocked at the frantic at- this. The Democratic Party is deter- their own blood. Iraqi medical staff ac- tempts to spin these tax cuts as harm- mined to do so. tually tried to deliver Private Lynch in ful to low-income families. f an ambulance 2 days earlier, but they Those across the aisle who oppose were fired upon by U.S. forces. U.S. this tax relief should be nervous. They IN HONOR OF OUTGOING AMER- forces participating in the rescue of voted against the plan that exempts ICAN DIABETES ASSOCIATION Private Lynch were not fired upon by another 3 million-plus low-income CHAIRMAN MICHAEL WEISS Iraqi forces. workers from any Federal tax liability. (Mr. MURPHY asked and was given Last week I sent a letter which re- They voted against a plan that expands permission to address the House for 1 quested that the administration order the 10 percent income bracket so that minute and to revise and extend his re- the public release of the unedited foot- more low-income working Americans marks.) age taken by the military cameramen, get to keep a greater portion of their Mr. MURPHY. Mr. Speaker, I rise and a letter follows. It is time to find paychecks. And they voted ‘‘no’’ to giv- today to congratulate one of my con- out the truth. Mr. Speaker, I include ing small businesses the ability to ex- stituents, Michael Weiss, for his work for the RECORD the letter I referred to. pense investments, a provision that is as national chairman of the Board of The letter referred to is as follows: a boon to mom-and-pop operations in the American Diabetes Association. I CONGRESS OF THE UNITED STATES, virtually every single corner of this am proud of his commitment to the HOUSE OF REPRESENTATIVES, COM- country. local Pittsburgh community and his MITTEE ON GOVERNMENT REFORM, In an article printed in the Wall leadership at the national level. His ef- Washington, DC, May 30, 2003. forts are helping to improve the lives Hon. DONALD H. RUMSFELD, Street Journal yesterday, it was point- Secretary, Department of Defense, ed out that the Nation’s bottom 50 per- of millions of Americans who are im- The Defense Pentagon, Washington, DC. cent of filers had very little income tax pacted by diabetes. DEAR SECRETARY RUMSFELD: I am writing liability. And you know what? Repub- Michael Weiss is an attorney in to request your assistance in resolving the licans reduced the burden on these Pittsburgh and has been an active vol- controversy surrounding the rescue of Pri- working families even further when we unteer for the American Diabetes Asso- vate Jessica Lynch. ciation at the local, State, and na- In the days following Private Lynch’s res- passed the jobs and growth act. So do cue from an Iraqi hospital by U.S. Special not be fooled by the screeching coming tional level. He will be completing his Forces, numerous U.S. officials described to from across the aisle. Democrats know term as the ADA’s national Chair of national media outlets the circumstances that people are going to love this bill the Board next week at the ADA’s An- surrounding this event. They portrayed Pri- when they start reaping the benefits of nual Meeting and Scientific Sessions in vate Lynch as receiving bullet and knife lower taxes; when they take a long New Orleans. wounds, experiencing mistreatment by Iraqi overdue vacation, buy a new car, and Michael’s tireless efforts have earned officials, and being spirited away amid harsh put a little bit more in retirement or him the distinguished Charles H. Best enemy fire. Although U.S. officials requested Medal of Service. Named for Dr. Best, anonymity, their stories were widely re- college funds. ported without correction or qualification by We were right to pass the tax relief the cofounder of insulin, this award the Defense Department. Indeed, the Depart- bill. Today, the economy looks to be on recognizes meritorious service on be- ment appeared to confirm the veracity of the verge of a turnaround, and Chair- half of the Association of Americans these reports, releasing for reporters an edit- man Greenspan has said that the jobs with Diabetes. ed section of videotape taken by a military and growth plan will likely boost con- An active participant in many civic cameraman using night vision equipment. sumer spending and feed into the job and community organizations, Michael Indeed, in introducing this clip, General Vin- market. This is great news for Ameri- Weiss lives in Mt. Lebanon, Pennsyl- cent Brooks, the U.S. spokesman in Doha, vania, with his wife, Gerri. I am sure reportedly said: ‘‘Some brave souls put their cans and should be cause for reflection lives on the line to make this happen.’’ for those who voted against the tax and that Gerri and their two children, Me- More recently, however, contrary media relief bill. lissa and Douglas, will join me in offer- accounts have emerged. At their core, these f ing sincere congratulations to Michael accounts argue that the rescue was essen- for his great work as the national tially staged. Specifically, these accounts TAX RELIEF BILL chairman of the ADA. He is a credit to have reported that, in fact, Private Lynch (Mr. MORAN of Virginia asked and our community, and we are proud of sustained no bullet or knife injuries. They was given permission to address the and thankful for all that he has done to have also reported that U.S. forces knew in House for 1 minute and to revise and improve the lives of those with diabe- advance of the operation that no Iraqi forces were guarding the hospital. They have re- extend his remarks.) tes. ported that Iraqi medical staff treated Pri- Mr. MORAN of Virginia. Mr. Speak- f vate Lynch humanely, even donating their er, I just want to say a word about CONCERNING THE STAGED RESCUE own blood. They have reported that Iraqi what happened before we went into re- medical staff actually tried to deliver Pri- cess, the fact that we voted on a bill OF PRIVATE JESSICA LYNCH vate Lynch in an ambulance two days ear- that provided hundreds of billions of (Mr. KUCINICH asked and was given lier, but they were fired upon by U.S. forces. dollars of tax relief, but not to the peo- permission to address the House for 1 And they have reported that U.S. forces par- ple who needed it the most. minute and to revise and extend his re- ticipating in the rescue of Private Lynch In fact, we now see that about one- marks.) were not fired upon by Iraqi forces. Perhaps the harshest account claimed that the Pen- tenth of 1 percent of the very wealthi- Mr. KUCINICH. Mr. Speaker, was the tagon’s staging of this event was ‘‘one of the est Americans receive approximately dramatic rescue operation of Private most stunning pieces of news management as much tax benefit as the 90 percent of Jessica Lynch staged for domestic yet conceived.’’ Americans with incomes of $95,000 or propaganda purposes? The administra- As you can see, there is a wide gap between less. But the most outrageous thing tion portrayed Private Lynch as re- the facts as reported initially and the man- about this tax cut was something we ceiving bullet and knife wounds, expe- ner in which they are being reported now. As did not know. It took the newspapers, riencing mistreatment by Iraqi offi- I understand the Defense Department’s position, these recent accounts are ‘‘outrageous, and I saw it in The New York Times a cials, and being spirited away amid patently false and unsupported by the facts.’’ week later, that revealed that we actu- harsh enemy fire. But nothing the ad- At the same time, Defense Department offi- ally eliminated the child tax credit for ministration has said about Private cials now seem to be qualifying their earlier families with incomes below $26,000, Lynch and the circumstances of her statements. For example, Bryan Whitman, a the working poor, the families who rescue have been verified by inde- Department of Defense spokesman, report- needed tax cuts the most. pendent news reports. edly said ‘‘the U.S. military never claimed I mean, I cannot believe that this Specifically, Private Lynch sustained that the troops came under fire when they Congress did that to working-class no bullet or knife injuries. U.S. forces burst into the hospital.’’ In this case, I believe the best course of ac- families and did not even give us the knew in advance of the operation, that tion is not to rely solely on omissions and opportunity to debate it. I hope that no Iraqi forces were guarding the hos- gaps in past statements by Department offi- there is a groundswell of public opposi- pital. Iraqi medical staff treated Pri- cials. Instead, I believe the better course is tion to what we do and we can reverse vate Lynch humanely, even donating to provide as much information as possible.

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.112 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4845 Only by disclosing all the facts will the Mr. BROWN of Ohio. Mr. Speaker, $90,000 for millionaires, nothing for credibility of the Defense Department be the Republicans passed a bill last week low-income families. maintained. For this reason, I have several which will provide a $90,000 tax cut to Now that the word is out, some of our questions I would like you to answer for- the Nation’s millionaires, but let us Republican colleagues are saying they mally; Did U.S. forces encounter any Iraqi forces look at what else it does. did not know about these changes. in the hospital? The independent Urban-Brookings They are looking for someone to blame Were U.S. troops fired upon during the res- Tax Policy Center estimates that mak- for the decision to cut low-wage work- cue operation? If so, please describe specifi- ing the earned income tax credit mar- ing families loose on the child tax cred- cally the nature of the interchange. riage penalty relief effective this year it. But the deal was cut by the Vice Did U.S. have any information suggesting would have offered an average tax cut President and his party’s leadership, so that Iraqi forces had abandoned the hospital? of $340 to 4 million working American the ‘‘I did not know it’’ excuse just Did Private Lynch sustain any gunshot or families. But the President decided to simply does not wash. knife wounds? make them wait until 2008 for the mar- If the White House had wanted to Did U.S. officials have any information riage penalty relief he offered their suggesting that Iraqi medical staff were try- correct the injustices in the tax bill, if ing to deliver Private Lynch to American more affluent neighbors. House Repub- Republican leadership had been serious forces? lican leadership had several opportuni- about fairness for married couples and Did U.S. forces at any time fire on any am- ties to correct the President’s mistake children, there were plenty of opportu- bulances? and restore fairness to the tax bill, but nities. They could have dropped the av- In addition to posing these questions, I they decided to cut working families erage tax cut for millionaires, like the would like to make two additional requests. loose. So that is $90,000 for million- President’s friend, Enron’s CEO Chair First, there has been a great deal of com- aires, not a cent for working lower-in- mentary on the manner in which the Depart- Ken Lay, from $93,000 to $88,000, and come families. that would have left enough money to ment edited and aired a videotape of the res- The gentleman from California (Mr. cue operation. Several media representatives give that tax break to working fami- THOMAS), the chairman of the Com- have requested that the full tape be released lies. so the American people can make an inde- mittee on Ways and Means, said, ‘‘If They could have dropped the dividend pendent assessment of these conflicting you are not going to incentivize mar- tax cut that the President and Vice claims. I see no reason for the Department to riage, at the very least make sure you President worked so hard for, just over reject this request. Therefore, I request that don’t punish it.’’ The gentleman from 2 percent, and the capital gains provi- you order the public release of the unedited Texas (Mr. DELAY), the House majority sion cost just 2 percent; and that would footage taken by the military cameraman. leader, said, ‘‘A country founded on have paid for those lower-income work- Of course, if you have security or other con- freedom should not maintain a tax ing families who do pay taxes. cerns, I would be happy to review the tape code that arbitrarily places an extra myself and discuss those issues with you per- So they could have offset the cost by burden on husbands and wives.’’ Speak- sonally. including some responsible corporate er of the House, the gentleman from Il- Finally, I understand the Department has tax loophole reforms. We all know cor- linois (Mr. HASTERT), said, ‘‘We need a ordered an investigation into the facts sur- porate expatriates like Tyco and Stan- tax code that doesn’t punish married rounding Private Lynch’s capture by Iraqi ley use loopholes in the law to abandon forces. I also understand, however, that in- couples. They don’t need the Federal their U.S. headquarters and reincor- vestigators were not asked to examine the Government picking their pocket.’’ circumstances surrounding Private Lynch’s $90,000 for a millionaire, but nothing porate overseas. So they give tax rescue. In light of the controversy that has for married, poor, or working families. breaks to them, they give tax breaks to arisen regarding this case, I suggest that the Any one of those powerful officials millionaires, but not a cent for so Pentagon’s ongoing investigation also in- could have taken a stand, could have many low-income working families in clude the facts surrounding Private Lynch’s spoken up for low-wage working fami- this country. rescue, as well. lies, could have ensured that no legisla- The simple truth is this was not a If you have any questions about this re- mistake. Any Republican Member of quest, please call my Chief of Staff, Jaron tion would pass this House that valued Bourke, at (202) 225–5871. I look forward to re- the marriages of families of wealthy the House who thinks it was should lis- ceiving your response. Americans above those of their less af- ten carefully to today’s statement by Sincerely, fluent neighbors. But none of those Re- their elected majority leader. Asked DENNIS J. KUCINICH, publican leaders said a thing. None of about the prospects for legislative pro- Ranking Minority Member, Subcommittee on them raised a voice of concern or lifted posals to restore just some fairness, National Security, Emerging Threats, and a finger to stop the advance of a bill just a bit of fairness to the child tax International Relations. that says loud and clear to millions of credit, the majority leader, DELAY, f Americans, your marriage is worth less said, ‘‘There is a lot of other things than your neighbor’s marriage or your that are more important than that.’’ SPECIAL ORDERS boss’s marriage. b 1815 The SPEAKER pro tempore (Mr. $90,000 of tax cuts for a millionaire, MARIO DIAZ-BALART of Florida). Under but not a cent for low-income working Mr. Speaker, $90 million for million- the Speaker’s announced policy of Jan- couples. aires, not a cent for working, lower-in- uary 7, 2003, and under a previous order Given that track record, it was dis- come families. It is shameful. of the House, the following Members appointing, but not surprising, to learn f will be recognized for 5 minutes each. the White House and the congressional PHARMACEUTICAL COMPANIES Republican majority used their last- f RUN ROUGHSHOD OVER AMER- minute back-room deal in the tax bill The SPEAKER pro tempore. Under a ICAN CONSUMERS to take another cheap shot at low-wage previous order of the House, the gen- working families. The final conference The SPEAKER pro tempore (Mr. tleman from New York (Mr. RANGEL) is bill brokered by Vice President CHENEY MARIO DIAZ-BALART of Florida). Under recognized for 5 minutes. included a last-minute change that a previous order of the House, the gen- (Mr. RANGEL addressed the House. freezes 12 million low-wage families tleman from Minnesota (Mr. GUT- His remarks will appear hereafter in out of the bill’s child tax credit in- KNECHT) is recognized for 5 minutes. the Extensions of Remarks.) crease. Mr. GUTKNECHT. Mr. Speaker, it f $90,000 for millionaires, nothing for was Will Rogers who said, ‘‘All I know working families, lower-income work- is what I read in the newspapers,’’ and TAX FAIRNESS FOR EVERYONE, ing families. I was reading yesterday’s Wall Street EXCEPT LOW-WAGE WORKING At the signing ceremony for this bill, Journal, and I would invite my col- FAMILIES the President said, ‘‘We are helping leagues to read the Wall Street Journal The SPEAKER pro tempore. Under a workers who need more take-home of yesterday, as well, because there is a previous order of the House, the gen- pay.’’ But 7 million American families story there that is just shameful about tleman from Ohio (Mr. BROWN) is rec- who pay income tax will get no benefit American policies as it relates to pre- ognized for 5 minutes. at all from this bill. scription drugs.

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.060 H03PT1 H4846 CONGRESSIONAL RECORD — HOUSE June 3, 2003 Let me read from this article from for $5. This drug can cost as much as dends that go mostly to rich and the Wall Street Journal front page yes- $100 here in the United States of Amer- wealthy people. The tax cuts leave out terday. Let me read a couple of para- ica. married tax filers who happen to be liv- graphs. In fact, the headline is, But here is the one that really got to ing in poverty. The Republicans post- ‘‘Empty Shells: As U.S. Balks on Medi- me. This is a drug called Tamoxifen, poned marriage penalty relief under cine Deal, African Patients Feel the probably the most effective drug we the earned income tax credit which is Pain,’’ and the subtitle is ‘‘Big drug have ever seen on the market in treat- claimed by many working families makers protecting their patents seek ing and perhaps preventing breast can- earning $34,000 or less. This means that limits to a global trade accord, search- cer among women. It is a miracle drug, working-class married tax filers are ing for insulin in Chad.’’ As one reads and we are thankful it exists. We treated as second-class citizen. the article, it is shameful. bought this drug at the Munich Airport Let me just read a couple of para- pharmacy for $59.05 American. This The tax cuts leave out the people of graphs for the benefit of Members. same drug here in the United States California, and although California suf- ‘‘Wealthier countries where drugs are sells for $360 for the same box; $60 in fers from the largest budget deficit in produced and patented promised 18 Germany, $360 in the United States. the country, it is ranked at 43rd in months ago at global trade talks in Mr. Speaker, it is not shame on the terms of per capita State aid allotted Qatar to loosen patent restrictions in pharmaceutical industry, it is shame by the Republican tax bill. order to ease shortages and reduce on us. We have created an environment Mr. Speaker, 31 percent of California prices. It was just after September 11, where we permit these companies to families are not helped by the child tax and the U.S. led the rhetorical charge, literally run roughshod over American credit. That is 2.4 million children in eager to demonstrate its desire to bat- consumers. tle suffering among the world’s poor Let me add one other thing about California alone, and I mean all chil- while mounting a war on terrorism. this drug, American taxpayers paid for dren; and 47 percent of Californians But last December when all of the almost all of the R&D costs to have it will get a total tax cut of less than other 143 countries in the World Trade developed. In fact, the company origi- $100. That is barely enough to take Organization had lined up behind a new nally said they would not patent it be- them to the movies, buy a pizza and plan on the trade of medicines, the cause it was the taxpayers who paid for maybe have some extra spending United States blocked the proposal. the R&D. But I guess they have pat- money to buy book supplies, if that. ‘‘The Bush administration, under ented it. heavy lobbying from the pharma- Mr. Speaker, 28 percent get nothing I will yield back the balance of my ceutical industry seeking to limit the at all. It is a sign of a grossly skewed time, but I will be back; and I have a scope of the deal, endorsed a list of priority by Republicans that would bill that will begin to resolve this, and some 20 infectious diseases, and that leave a lot of people out, yet they give I hope all Members, Democrats and Re- was it. That was all they were willing $100,000 tax breaks to the largest SUVs, publicans, will join me in cosponsoring to address. These included HIV-AIDS, which pollute our air, keep us depend- that legislation. malaria, tuberculosis, typhus, hemor- ent on foreign oil, and spew out green- rhagic fever, and others categorized as f house gases. epidemics in the developing countries, TAX CUTS LEAVE OUT WORKING So while the typical millionaire gets but that was it. Drug manufacturers POOR over $93,500 in tax cuts and another feared that without the limitation, the The SPEAKER pro tempore. Under a $100,000 break for their huge SUVs, deal could lead to a broader under- previous order of the House, the gentle- working-class people are left sitting in mining of their lucrative patent rights. woman from California (Ms. SOLIS) is the smog with almost nothing in their Poor nations were outraged.’’ recognized for 5 minutes. Mr. Speaker, we should be outraged. pockets. If we had only given those Ms. SOLIS. Mr. Speaker, there has As we speak, there are people suffering millionaires $88,000 instead of $93,000, been a lot of talk about what the re- from diabetes in the country of Chad in we could afford to give the child tax cent tax cuts will do for our economy, sub-Saharan Africa that cannot get in- credit to all families. That means and I would like to talk to Members sulin. It is time for us to take control 140,000 hard-working families in my about what they will not do and who of this issue. For too long we have al- district would have gotten some kind they will not help. lowed the special interests and some of of tax relief. The $350 billion in tax cuts leaves out the misinformed people over at the the working poor, and many, in the Democrats tried to offer an economic FDA to sort of box us into a corner so State of California, working families. stimulus plan with an immediate in- Americans now pay the world’s highest Republicans rejected a Democratic at- crease in the child tax credit, marriage prices. We are the world’s best cus- penalty relief for all, and the expansion tomers, but yet we pay the highest tempt to try to get child tax credits to of the 10 percent tax bracket, and prices for prescription drugs. low-income families earning less than Do not just take my word for it. We $10,500. To add insult to injury, last- Democrats tried to put money in the were in Munich, Germany, about a minute changes made by Republicans pockets of working-class people. These month ago, and we bought and I have also will prevent families with incomes are the people who would stimulate our the receipt here for what we paid for between $10,500 and $26,625, and that in- economy, pull it out of the tailspin it these drugs. Let me take this drug, cludes about 11.9 million children, and has been in ever since this President Cipro, which we all know about after they will not receive any kind of a took office. the anthrax scare. In Germany, at the child tax credit or be eligible for one. With more than 2.7 million jobs lost One out of every four families in my Munich airport, we paid 35.12 Euros for in the last 2 years, we in Congress district in California will get no child this product. That is about $34. This should be declaring war against pov- same product in the United States sells tax credit. Families like this one pictured here, erty. Instead, Republicans have de- for $60. The average price in the United clared a war against working families, States, according to one study, is over who live in my district in East Los An- geles, Ruben and Teresa, whose son is families like this who send their chil- $80. We paid $34. dren to serve in our wars. We need to Let me take Coumadin, and this is a proudly serving us right now in Iraq, drug that my father takes, made by this family makes $24,000 a year. They change that, and we need to support DuPont. This drug in the United will get no tax break, no tax break. Yet and extend benefits for those hard- States, the average price is over $64. In somehow Republicans found $90 billion working Americans, especially families Munich, Germany, we bought this drug to give to 200,000 millionaire families. like this that right now are hoping for 20.43 Euros. That works out to That money will not make it to my that their son will come home, and about $19 in American currency; $64 in district, no way, since 99 percent of the even he would not be eligible for a tax the United States, $20 in Europe. families there earn less than $200,000. credit because he makes less than the Glucophage, a marvelous drug for Republicans left out all of these fam- amount required under this bill that diabetics, which we bought in Germany ilies to accommodate tax cuts on divi- was passed by the Republicans.

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.117 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4847 COMMENDING THOSE FIGHTING and blood has made freedom a reality tax cuts for millionaires while restor- WAR ON TERROR for oppressed people around the world, ing the ability of corporations to The SPEAKER pro tempore. Under a as well as the communities who sup- unpatriotically stash their profits in previous order of the House, the gen- port them. Bermuda. Compassion for millionaires tleman from Colorado (Mr. BEAUPREZ) b 1830 and corporate traders, contempt for is recognized for 5 minutes. low-income children and their parents. Mr. BEAUPREZ. Mr. Speaker, I rise And so, Mr. Speaker, I urge my col- As Warren Buffett has said, ‘‘If this today to urge my colleagues to support leagues to join me in sending a clear is class warfare, then my class is win- House Concurrent Resolution 177, rec- message of thanks by voting in favor of ning.’’ There are other winners besides ognizing and commending people of House Concurrent Resolution 177. Warren Buffett. Not surprisingly, the freedom for having played such a cru- f Bush Cabinet members who worked so cial role in the ongoing success in the REPUBLICAN TAX CUT LEAVES hard to sell this tax cut, job-killing bill war on terror. POOR FAMILIES BEHIND are also winners. According to a report Mr. Speaker, people of freedom come just completed by the Committee on The SPEAKER pro tempore (Mr. in all different shapes and sizes. They Government Reform minority staff, MARIO DIAZ-BALART of Florida). Under do not come from one nation, but from Vice President DICK CHENEY, the Presi- a previous order of the House, the gen- all nations. They do not go to the same dent’s key tax negotiator, will reap tlewoman from Illinois (Ms. house of worship, but they all have $116,002 a year from the dividend/cap- SCHAKOWSKY) is recognized for 5 min- hearts filled with hope. They do not all ital gains provisions in this bill. John utes. carry a rifle, they do not all go into Snow, Secretary of the Treasury, will Ms. SCHAKOWSKY. Mr. Speaker, battle, but every single man or woman get over $332,000 a year. Donald Rums- this afternoon I received the following who believes in freedom also believes feld, who gave Vice President CHENEY’s e-mail from one of my constituents. It we can leave this world just a little former company, Halliburton, a multi- says: better than we found it. million-dollar sweetheart contract, Mr. Speaker, the success of Operation ‘‘Dear Janice Schakowsky, our gov- wins big, too, as much as $604,000 a Enduring Freedom and Operation Iraqi ernment should stand for basic fairness year. No wonder they all worked so Freedom is not just a plan, it is not and justice. That’s why I do not under- hard to sell such a defective product. just training, it is not just willpower or stand why families earning between We know who the winners are; and determination; it is all of that and $10,000 and $26,000 per year would be ex- now we know at least some of the los- much, much more. It is about young cluded from receiving the $400 per child ers, 12 million children and working men and women who displayed heroism tax refund that wealthier families will families. In my State of Illinois, nearly in the face of grave danger. It is about receive this summer just so million- one in four children, 674,000 children in leaders who redefine the very nature of aires can get bigger tax cuts. As a con- 378,000 families, were tossed aside so conflicts, it is about a disciplined mili- stituent, I ask you to please amend that Cabinet secretaries, billionaires, tary equipped with cutting-edge tech- President Bush’s unfair tax cut plan to and corporations like Enron could be nology capable of delivering surgical include these poor families and their 12 protected. We were not given time to strikes with razor-sharp precision. It is million kids. To leave the tax cut as it read the Republican tax cut, job-kill- about a fighting force filled with com- is brings too much shame upon this ing bill before the vote; and I do not passion, a force capable of delivering great Nation. Sincerely.’’ blame my colleagues for trying to push the fist of justice and the outstretched My constituent is correct. This is a their bill through before we and the hand of comfort at the same time. shameful moment in our great Nation, American public could learn what it in- I have heard some disturbing things and we should not rest until we undo cluded. I would be ashamed, too, if I de- lately, Mr. Speaker. I have heard that the tremendous wrong committed by cided to give Cabinet members, the conflict in Iraq was unjustified. I the Republican leadership and the Bush wealthy Members of Congress, and rich have heard that uncovering mass administration. This is no time for campaign contributors life jackets graves is somehow not a good enough business as usual. This is a time to re- rather than women and children. And reason for freedom in Iraq. I have heard verse the damage done by the dis- no wonder the Members on my side of that mobile bioweapons labs do not gusting choices made by our colleagues the aisle were not given an opportunity count as real evidence of weapons of on the other side of the aisle. There are to offer even one single amendment. mass destruction. I have heard that life those who may tell us that the decision What if we had learned the truth and under one of the most brutal regimes to leave 12 million children in low-in- tried to correct it? in history really was not all that bad. come working families on the cutting Now we have learned the truth, and That is nonsense, pure nonsense. Fur- room floor was just a mistake, but that it is time to right an incredible wrong. thermore, it is an insult to the brave would be a lie. As The Washington Post Bob Herbert labeled this as a ‘‘quin- men and women now returning home. editorialized yesterday, ‘‘Stiffing these tessential example of what the Bush Mr. Speaker, I join my colleagues to children was not a last-minute over- administration and its legislative cro- commend not only our troops but the sight or the unfortunate result of an nies are about. The fat cats will get entire military community, for with- unreasonably tight $350 billion ceil- their tax cuts. But in the new Amer- out the people in the background, the ing.’’ In fact, this was a deliberate, ican plutocracy, there won’t even be encouragement of a family, the exper- mean-spirited action committed in the crumbs left over for the working folks tise of a scientist, the commitment of name of protecting special interests in- at the bottom of the pyramid to scram- a President, the situation in Iraq today stead of our Nation’s children. In fact, ble after.’’ and in the free world’s war against ter- a House Republican Ways and Means Now the actions of the Bush adminis- ror might be very, very different. Committee spokesperson confessed tration and Republican tax decision- May God bless the men and women of that, ‘‘Well, adjustments had to be makers are out in the open. And now it our Armed Forces, and may he also made.’’ is our responsibility to act by passing bless those who give them aid and com- Let us be clear about what happened. the Rangel-DeLauro bill. Children and fort. Behind closed doors, Republican lead- working families should be our first Mr. Speaker, I call on all people of ers got together with the administra- priority, not tossed out, given crumbs freedom to join us in celebrating our tion and decided who was going to be or thrown overboard. We must make brave troops returning home. I ask thrown overboard and who would be the commitment to act this month. them to join us in celebrating the lib- brought to shore. There were no Demo- f eration of the Iraqi people. While there cratic Members in that room. There is much work to be done, and while we were certainly no children or working IRAQ: WHAT NOW? will continue to bring justice to those families in the room. And the decision The SPEAKER pro tempore. Under a who perpetrate terror, it is wholly ap- was made to throw children and work- previous order of the House, the gen- propriate to take this opportunity to ing families, including military fami- tleman from Tennessee (Mr. DUNCAN) is congratulate our soldiers whose sweat lies, overboard and to save the dividend recognized for 5 minutes.

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.119 H03PT1 H4848 CONGRESSIONAL RECORD — HOUSE June 3, 2003 Mr. DUNCAN. Mr. Speaker, a front- consequences for the global economy.’’ more American lives at risk. We should page story today in the Washington That is exactly what is happening let Iraqis use their humongous oil Post says, ‘‘Iraqi political leaders today. wealth to rebuild their own country. lashed out today at a plan by the top I heard one American general say on f U.S. civilian administrator here to ap- the news recently that the American REPUBLICAN TAX CUT IS UNFAIR point an interim advisory council.’’ military was not designed to be a po- The headline says, ‘‘Iraqis Assail U.S. lice force. Yet that is exactly what we The SPEAKER pro tempore. Under a Plans.’’ are doing in Iraq today. James Webb, a previous order of the House, the gen- The front page of the Washington hero in Vietnam and President Rea- tleman from Oregon (Mr. DEFAZIO) is Times has a story today saying, ‘‘Un- gan’s Secretary of the Navy, wrote be- recognized for 5 minutes. employed Iraqi soldiers swarmed U.S. fore the war: ‘‘The issue before us is Mr. DEFAZIO. Mr. Speaker, after the occupation headquarters yesterday de- not whether the U.S. should end the re- passage of the largest tax cut in his- manding back pay and emergency pay- gime of Saddam Hussein but whether tory 2 years ago, the President began ments of $50 each and avowing venge- we as a Nation are prepared to occupy to talk about a little glitch in that, ance if they didn’t get their way.’’ a territory in the Middle East for the and a glitch that no one could have an- We are in a real mess in Iraq. Since next 30 to 50 years.’’ He was one of ticipated, not the Republican White when did it become the obligation of many, many conservatives against this House which wrote it, the Republican U.S. taxpayers to pay the salaries of war. Senate which passed it, and the Repub- the Iraqi military? When in history has Charley Reese, the very popular con- lican House which passed it who delib- a victorious army had to start paying servative columnist, wrote a column erately wrote the glitch in, which was, the salaries of the defeated army? We March 24 entitled ‘‘Congratulations’’ gee, the estate tax would only expire have already given the retired people for becoming ‘‘the proud mamas and for 1 year and then if you did not die on pensions in Iraq emergency pay- papas of 22 million Iraqis’’ since we will during that 1 year, you would be sub- ments, handing out two crisp $20 bills be providing them with so much. He ject to the full estate tax again. And a to each, and probably more by now. then wrote: number of other taxes were phased Since when did it become the obliga- ‘‘I have long been against taxing back in. tion of U.S. taxpayers to pay the pen- Americans to solve problems in foreign Well, it was not a glitch. They knew sions of Iraqi retirees? Those who sup- countries. It seems to me to be a sim- about it. They had to do it so they port foreign aid found out many years ple proposition. Until an American pol- would not bust the bank and that was ago that it was very unpopular so they itician can honestly say that all Amer- when they were predicting a surplus. just started putting our foreign aid and icans are healthy and prosperous, that But guess what now? Whoops, here we overseas spending into every Federal all children attend a clean, well- go again. There is a little glitch in the department and agency. The supporters equipped school, that our entire infra- second largest tax cut in American his- of foreign aid very misleadingly say structure is up to speed, that all of our tory passed at the time of the largest foreign aid is only about 1 percent of public health and environmental prob- deficit in American history 2 weeks ago lems have been solved, then American the Federal budget. What they do not in the dark of the night, personally tax dollars ought to be spent in the say is that we are spending several written and negotiated by Vice Presi- United States. I’ve read the Constitu- hundreds of billions of dollars through dent CHENEY and the Republican lead- tion I don’t know how many times, but every Federal department and agency. ership of the House and the Senate. I am very pro-military and pro-na- I never found anywhere in it that Con- How could they have known that tional defense. However, in many ways gress can tax Americans and give the they left out half of the American peo- today we are turning the Defense De- money to foreigners, but Congress does ple? I mean, after all, it was Ari partment into the biggest foreign aid it, anyway.’’ Fleischer who said, ‘‘And, of course, for Are true conservatives now for mas- agency there is. We were told a few people in the 10 percent bracket, they sive foreign aid? I do not think so. Are weeks ago that the military is going to benefit the most and that’s the lowest true conservatives for huge deficit income workers in America.’’ He went build or rebuild 6,000 schools in Iraq spending? I do not think so. Are true and set up a free basic health care plan on to say that it certainly does deliver conservatives for world government tax relief to the people who pay income for all Iraqi citizens. I heard one Mem- and the U.S. becoming the world’s po- taxes. The President surrounds himself ber jokingly say that he was going to liceman? I do not think so. Yet we will with waitresses. But unfortunately it suggest changing the name of a small spend all these many billions in Iraq is all a lie because those people are not town in Wisconsin to the name Iraq so because a few big multinational com- going to get tax cuts under this bill. In that town could qualify for the huge panies will make sure we do and be- fact, 51 percent of income-tax-paying money that is about to be spent. We cause some government officials feel Oregonians will get no cut under this are told that the U.S. will spend $200 to more important if they are placed in bill and about 49 percent of income- $300 billion rebuilding Iraq over the charge of other countries. next 10 years. This means $20 to $30 bil- Charley Reese also wrote in that tax-paying Americans will not get any lion each year in a country where the same column: cut under this bill. 7.6 million people gross domestic product last year was ‘‘We, of course, will get stuck with who are in this 10 percent tax bracket less than $60 billion. the bill and it will cost hundreds of bil- that Mr. Fleischer referred to who were Our military did a great job in Iraq, lions of dollars. Some of the politi- supposed to get a lot of benefits are as we all knew they would. But we cians’ corporate cronies are already going to get zero, zilch, nada under this spent over $100 billion to defeat a coun- being promised lucrative contracts. bill. But every millionaire is guaran- try whose total military budget was There’s always a profit to be made teed $93,500 or more under this bill. only $1.4 billion, about two-tenths of 1 from war. You and I won’t make it; the To even heap more irony on top of percent of ours. Saddam Hussein was a soldiers, sailors and airmen won’t the injustice, the $93,500 for each mil- very evil man, but Iraq was never any make it. No, as consumers we pay the lionaire will come from FICA taxes, real threat to us, as this 3-week war price in treasure and blood and grief; payroll taxes paid by wage-earning proved. Now we are in a real mess. the big corporations reap the profit.’’ Americans. Wage-earning Americans Fortune Magazine, in its November In yesterday’s Washington Post, a pay about 7 percent of the first dollar 25 issue a few months before the war story said that some of the same Iraqis they earn and every dollar they earn started, had an article entitled ‘‘Iraq, who are smiling at U.S. soldiers are up to about $88,000 on FICA tax. In We Win, What Then?’’ That article harshly criticizing U.S. rule when the fact, more than half of American work- said, ‘‘A military victory could turn soldiers are not around. The Iraqi peo- ers pay more in FICA taxes to the Fed- into a strategic defeat. A prolonged, ple hated Hussein, but the only ones eral Government than they do income expensive American-led occupation who want us around are the ones we taxes. No relief for them. And, hey, could turn U.S. troops into sitting are paying. guess what? We have really suckered ducks for Islamic terrorists. All of that We should get out of Iraq, Mr. Speak- you, because we are going to borrow could have immediate and negative er, the sooner the better and not put every penny of the FICA taxes you

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.121 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4849 have paid that you thought was going some in this body who still complain. ital gains and dividend taxes in this into a trust fund, in fact, a lockbox, They say the bill is not fair. They say bill. You cannot have capitalism with- passed seven times while the Repub- that there is not tax relief for the poor. out capital, and by lowering these tax licans have been in charge of this Mr. Speaker, they are wrong. First, rates, we will spur capital formation, House. Seven times we passed a for all practical purposes, poor people the lifeblood of small business. lockbox for Social Security. Well, we do not pay income taxes. In fact, in Additionally, we have lowered mar- cannot afford a lockbox anymore. It is this bill, we take 3.7 million Americans ginal tax rates. This is important, be- busted open and robbed. Empty. That off the tax rolls. That is right, almost cause 80 percent of the tax relief from money is going to be used to finance 4 million people who paid income taxes reducing the top marginal rate goes to the tax cut and replaced with IOUs. So last year will pay no income taxes this small business owners and entre- the millionaire who gets a $93,500 ben- year. None. How much more tax relief preneurs. efit under this bill, they pay a FICA can you receive than having your tax Mr. Speaker, I have had a number of tax at the rate of .7 percent, one-tenth bill canceled, torn up, thrown away? jobs in my life. I used to clean out of the rate at which a wage-earning These Americans join millions of other chicken houses. I used to bus tables. I teacher or sales clerk pays that same low-income Americans who have al- have loaded windows on a loading dock. tax, because they do not pay it on any ready been taken off the tax rolls in re- I have been an officer in two companies income over $88,000 a year. cent history. and started my own small business. In By lowering marginal rates, Mr. all of those jobs, not one low-income b 1845 Speaker, other lower-income Ameri- person has ever hired me. It was a tax- So $912,000 of their income is exempt cans benefit as well. Many who were in payer, a taxpayer who had vision, who from FICA tax, and the poor person the 15 percent bracket last year are had access to capital and went out and who works for minimum wage or for a now in the 10 percent bracket. The net took a risk. If we want jobs, these are decent wage is paying FICA tax of 7 result is, the bottom 50 percent of wage the people who need tax relief. percent on every penny earned. earners in America now pay 3.9 percent If we really care about low-income Finally, they made much hay on the of the income taxes. In contrast, the families in America, and if we truly fact that they were going to do so top 10 percent of wage earners in Amer- want to be fair, let us quit trying to much with the child credit. Of course, ica pay over 50 percent of the income turn the Tax Code into a welfare sys- it was temporary and going to expire in taxes. tem. Let us give tax relief to tax- 2 years, but that is probably a glitch What the critics of this bill fail to ap- payers, to small businessmen, to entre- and they would have discovered that preciate is that tax relief is for tax- preneurs, and go out and create jobs, later. payers. If you do not pay taxes, you jobs, jobs and more jobs. But there was another little glitch. should not expect tax relief. f Most Americans, in fact, all Americans Mr. Speaker, it is clear that some in TRIBUTE TO JOSEPH ROSEN who earn between $10,500 and $26,625 this body are confusing tax relief with The SPEAKER pro tempore. Under a will not get the child care credit. That welfare. Welfare is about direct govern- previous order of the House, the gen- is an awful lot of people who have an ment assistance to those who are at or tleman from Illinois (Mr. DAVIS) is rec- awful lot of need. That includes 11.9 near the poverty line. Fortunately, ognized for 5 minutes. million children. under a Republican Congress we have Mr. DAVIS of Illinois. Mr. Speaker, I So, all in all, what we have here is continued to move millions of Ameri- rise to pay tribute to a longtime friend, one of the biggest scams in history. cans from welfare to work, and we have mentor, fellow activist and one of the Never before has this country in a time increased Federal child care funding by most committed and dedicated edu- of huge deficit borrowing, and that is 166 percent. We have increased funding cators that I have ever known, Mr. Joe how this is being paid for, borrowed so for housing by 75 percent. Just this Rosen. much money from so many wage-earn- past year we committed $17 billion to Joe died a few days ago at the ripe ing Americans to give to so very few at the TANF program. age of 91, after having devoted much of the top under the premise that some- Tax relief is different from welfare. his adult life to teaching, being a prin- how those really rich people might in- Tax relief is about allowing taxpayers cipal, a district superintendent and vest or spend that money in a way to to keep more of what they have earned, overall advocate for improving teach- give those working people jobs so they earned through their hard work, keeping techniques and for finding addi- can pay more FICA taxes that can be ing more of their own wages for their tional ways to more effectively educate transferred to them in next year’s tax families. racial minorities and disadvantaged cuts, which the President has already Mr. Speaker, let us not forget, it is children. targeted toward those who earn over $1 not the government’s money, it is the One of Joe’s unique characteristics is million a year, to help them have more American family’s money. If critics of that he never gave up on the neighbor- to contribute at election time in what the Jobs and Growth Act truly care hood where he grew up and sharpened is expected to be a record expensive about low-income people, they should his skills. Mr. Rosen was born and grew Presidential election. help move them off of welfare, off of up on the west side of Chicago in a The system is incredibly corrupt. welfare checks, onto paychecks. In community that was predominantly f other words, they should join us in cre- Jewish. He graduated from Marshall ating jobs. High School and put himself through JOBS AND GROWTH, TAX CREDITS But, Mr. Speaker, jobs are not to be college, working as a taxi driver, at the AND SMALL BUSINESS found hanging in the trees, nor do they post office, and as a laundry worker. The SPEAKER pro tempore. Under a fall from the sky, and they sure are not His undergraduate studies were at previous order of the House, the gen- brought to us by the Federal Govern- the Chicago Teachers College and he tleman from Texas (Mr. HENSARLING) is ment. Jobs are created by hard-work- earned a master’s degree at DePaul recognized for 5 minutes. ing, risk-taking, visionary men and University. Mr. Rosen studied to be- Mr. HENSARLING. Mr. Speaker, last women who, with access to capital, roll come a biology teacher, but could not Wednesday President Bush signed the up their sleeves, and they work hard to find an opening during the Great De- Jobs and Growth Act of 2003, a bill I create that next generation of soft- pression. Therefore, he took a job was proud to cosponsor. ware, a new automobile repair shop, an teaching physical education and did After liberating the people of Iraq innovative sign painting company, or that for several years. He loved to tell from despotism, it was time to liberate any other enterprise. the story of how he beat out the leg- the American family from economic Small business is the job engine of endary Chicago Sun Times columnist uncertainty. The best way to do that is America. It creates two out of three Irv Kupcinet for a handball instructor’s to create jobs and economic growth, jobs in our country. But, Mr. Speaker, position because he was willing to and although this bill has been sub- the number one impediment to launch- work for less money. stantially compromised, the bill was ing a new job-creating enterprise is ac- Joe eventually got a job teaching bi- designed to do just that. Yet there are cess to capital. That is why we cut cap- ology at Wells High School, and in 1947

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.122 H03PT1 H4850 CONGRESSIONAL RECORD — HOUSE June 3, 2003 was appointed principal of the Howland dous legacy of commitment, dedication rious. But mostly, we knew. We knew Elementary School, and this set the and commitment, to serving those who we could never be kids again. We fi- stage for the rest of his life’s work, needed help. That is why Joe would be nally realized what it meant to be re- dealing with the needs of underprivi- pleased to see my colleagues here ex- sponsible. Being responsible was doing leged children. tolling the virtues of tax relief or tax our best, even when no one was watch- Joe’s daughter Arlene stated that cuts for those who really need it, and ing. The responsibility thrust on some ‘‘All of our lives, all of our family, not for those who do not, those who of us unexpectedly one late summer friends and relatives, if they had cloth- can benefit if we are real about what is morning opened our eyes. We learned ing to pass on, would take them to my needed. to think with our minds and feel with dad and he would take them to school. f our hearts. Now the people we heard He would take clothes for adults too. speaking French or Swahili when we He had kids get eye exams and had an HONORING JOHN MEHRMANN OF came to school each day weren’t for- arrangement with those doing the test- MANCHESTER, NEW HAMPSHIRE eign, they were victims of reality, like ing to provide glasses for a very low The SPEAKER pro tempore. Under a the rest of us. fee.’’ previous order of the House, the gen- We never knew how or when we Mr. Rosen established an after-hours tleman from New Hampshire (Mr. would grow up. We didn’t know why we social center at Howland for elemen- BRADLEY) is recognized for 5 minutes. had to. We saw the photos and the film tary and high school pupils to keep Mr. BRADLEY of New Hampshire. clips of men and women leaping from them off the streets. As the neighbor- Mr. Speaker, I rise today to honor flames only to careen hundreds of feet hood was changing, he instituted Manchester’s John Mehrmann, New to their deaths. Again and again, we intergroup understanding as part of the Hampshire’s winner of the VFW Voice saw the missiles which we had all curriculum. of Democracy Scholarship Contest. thought so harmless piloted to murder When he became Superintendent of This contest is held each year to give what could have been our entire school District 10, he established the Farragut high school students the opportunity in an instant. Outpost, an alternative school for Far- to voice their opinion on their respon- Freedom wasn’t a badge. Freedom ragut students who were not pro- sibility to our country. isn’t a badge. It isn’t a prize trophy to gressing well with the regular straight The following is Mr. Mehrmann’s be flaunted and waved in the faces of academic curriculum. The Outpost essay, which I found both compelling the enslaved. Freedom is a burden, but kept young people in school and at- and profound, and which is why I want a burden worth its price. Responsi- tracted many dropouts back. to read it on the floor of the United bility is the price of freedom. Freedom Joe was indeed an innovative educa- States Congress. does not unequivocally allow for self- tor who was able to do a great deal ‘‘We were just kids. All our lives, ev- indulgence. Self-indulgence and selfish- with teaching approaches and tech- erything was perfect; everything ness are not responsible, and it is irre- niques. He was an avid supporter of worked. Everything was planned. We sponsible to self-perpetuate at anyone’s early childhood education and estab- went to school. We came home. We expense. We think identities to be so impor- lished several Head Start and daycare slept. And somewhere along the road of tant, and we imagine our lives to be so center programs in his district. our lives, we would graduate from worthy of greatness that we forget the Joe would be pleased to know that we school. After graduating from school, community of mankind of which we are are here tonight talking about the we would go to a new school, we would so preciously minuscule a part. earned income tax credit program that come home, and we would sleep. There Obsequiousness and submission are is designed to help those at the very was nothing to fear; there would al- not the stigmas they were before ado- bottom. Joe promoted back-to-school ways be food in the fridge and gas in lescence was made extinct. Freedom is activity. He promoted breakfast and the car. Every time we flicked the light not a right to individuality but a right lunch programs for children, under- switch, there would be light. to community. It is a right of individ- standing that they could not learn well ‘‘Then something happened. Sud- uals to determine their sociality with- if they were hungry. denly something, somehow, someway, in the bounds of a world not limited to However, many people knew him best somewhere shattered. As the dust set- oceans or lines drawn on a map, but through his partnership with Mrs. Ida tled and the magnitude of what we had one which spans the entirety of a Mae Fletcher, Ma Fletcher, a pioneer lost became clear, it wasn’t the death globe, encompassing a myriad of peo- leader and education activist. Through of an age for us, and it wasn’t the death ples with innumerable concerns. It is their efforts, community involvement of jokes. But as we walked across the the responsibility of the world’s free and parental participation became buzz street or through the halls or drove our people to determine which concerns words associated with public education cars, something was different. The take precedence. The free peoples of in the Chicago area. world was smaller that day. And all the the world must recognize the greater Joe was forced to retire at the age of faces, you with your expensive car, or good for which to strive. Absolute sin- 65 because of an age requirement. How- you who always had something impor- gularity is no longer an option. ever, he continued to work both for- tant to say, they all looked so much These are the words of John mally and informally for many years. alike. They didn’t all have the same Mehrmann of New Hampshire. He met his first wife, Ms. May Berg at hair color or the number of freckles. f a dance and they were married in 1939. Some had straight teeth and some had After her death, he met Ms. Carol big chins. THE UNKINDEST CUT OF ALL Bauer and they were married in 1984. The SPEAKER pro tempore (Mr. b 1900 Joe leaves to mourn his passing his MARIO DIAZ-BALART). Under a previous sons Laurence and Robert; stepson But they were all sad, all thinking. order of the House, the gentleman from Harlen Bauer and stepdaughters Betsy Innocence died that day, the innocence Maryland (Mr. HOYER) is recognized for Bauer and Susan Bauer; Yetta that let us worry about the grades or 5 minutes. Rothstein, his sister; brother Walter the pimples on our noses, the freedom Mr. HOYER. Mr. Speaker, on April Rosen; and four grandchildren. to do what we wanted, when we want- 26, President Bush stated in his weekly Joe continued to be active and serve ed, was lost somewhere in 100 stories of radio address, ‘‘My jobs and growth on various boards and committees broken steel and dust. We didn’t grow plan would reduce the tax rates of ev- right up to the end of his life. He was up when we got our driver’s licenses, eryone who pays income tax,’’ ‘‘every- a member of our Seventh Congressional and we didn’t grow up when we got our one who pays income tax.’’ District Education Task Force and the first jobs, or even when we turned 18. On May 29, after the GOP tax bill, Westside Association for Community We all grew up when we had to. which included the provision of the Action. We heard a lot of talk after our ab- President’s plan, in full or in part, had Joe never gave up on his inner-city rupt maturation about freedom and re- been passed by Congress, now, one community, and the community never sponsibility. There were a lot of ought to understand that it was deliv- gave up on him. He leaves a tremen- speeches, and everyone seemed very se- ered at 8:45 p.m., a very large tax bill,

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.124 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4851 all sorts of provisions that had never get the economy moving. We had a Class warfare is precisely what the Repub- been seen in full by any Member of this plan. It was fast-acting, fair to all lican Party has been practicing on working House reported out at 8:45. We were Americans, and fiscally responsible. It men and women in this country on issue after called back at approximately 10:30. It did not harm us in the long term. issue after issue. was passed at 1:55 a.m. in the morning, That plan was not allowed to be of- The failure to provide the Child Tax Credit in the dark of night because in my fered. The plan that was offered, how- to minimum wage workers while fattening the opinion the majority wanted to hide ever, was not fair, was not fast-acting, bank accounts of millionaires is only the tip of this bill. They wanted to take credit and is not fiscally responsible. In fact, the iceberg. for the tax cut, but they wanted to hide we have gone from $5.6 trillion pur- In this report session of the 108th Congress, the specifics of the bill. ported surpluses that the President the Republican majority passed a budget reso- It was signed by the President. The told us we had to a, now, almost $3 tril- lution that betrays our values and fails to meet White House Press Secretary, Ari lion deficit, and we are going to be fac- our needs. It would take hot lunches out of the Fleischer, stated, ‘‘This certainly does ing what they say is a $44 trillion def- mouths of poor children; force the elderly out deliver tax relief to people who pay in- icit in the future. That will be a sub- of nursing homes as the result of Medicaid come taxes.’’ stantial tax increase for many children cuts; and slash veterans’ health care. Now, my friend, the gentleman from in America and many children unborn This Republican majority had to be dragged Texas, not the gentleman who just who will have to pay the interest on kicking and screaming not once but twice to came on the floor but who previously that incredible debt that we are incur- extend unemployment insurance benefits— spoke, a new Member of the House, re- ring. even as we face the highest unemployment iterated that mantra, that everyone But lo and behold, in the clearest rate in nine years and the loss of nearly 3 mil- who paid taxes was going to get a re- possible demonstration of the major- lion private-sector jobs since George W. Bush duction. ity’s values and priorities, the GOP has took office. Let there be no mistake, these state- shown once again that when push This majority passed a Welfare Reform bill ments are blatantly and unabashedly comes to shove, it will fight for the that would force mothers with children under wrong. As the Tax Policy Center has Bush class over the working class the age of 6 to double the number of hours reported, more than 8 million lower- every single time. The GOP’s mantra they must work every week. It passed a med- and middle-income taxpayers who pay really ought to be, leave no millionaire ical malpractice bill that would compound the billions of dollars in taxes a year will behind. pain of patients with the worst injuries while receive absolutely no tax reduction Mr. Speaker, on April 26th, President Bush failing to reduce physicians’ insurance pre- under the GOP tax bill. That figure, stated in his weekly radio address: ‘‘My jobs miums. Mr. Speaker, includes 1.8 million tax- and growth plan would reduce the tax rates of And it loaded up legislation such as the De- payers who pay more than $1,000 in in- everyone who pays income tax.’’ fense Authorization bill—legislation that tradi- come tax. They will receive no relief. And on May 29th, after the GOP tax bill— tionally is overwhelmingly bipartisan—with ex- In the unkindest cut of all, 6.5 mil- which included the provisions of the Presi- traneous, partisan measures that would harm lion minimum-wage families with near- dent’s plan in full or in part—had been passed the environment and strip Federal workers of ly 12 million children will not receive by Congress and signed by the President, their rights. the $400 per child increase in the child White House Press Secretary Ari Fleischer And of course, this majority has refused to tax credit in the GOP bill. Why did stated: ‘‘This certainly does deliver tax relief to close tax loopholes for offshore corporate tax that happen? It happened because they people who pay income taxes.’’ havens. said that they were going to leave their Mr. Speaker, let there be no mistake: These It has refused to consider Democratic legis- bill at a $350 billion cut. Why? Because statements are brazenly, blatantly and un- lation to raise the minimum wage, which has they needed to get some Republican abashedly false. As the Tax Policy Center has not been increased since 1997. members of the Senate to vote for it, reported, more than 8 million lower and mid- And it even has refused to give the Mem- and they could not get them to vote for dle-income taxpayers who pay billions of dol- bers of this House the opportunity to vote on any number larger than that. lars a year in income taxes will receive abso- a Democratic amendment to increase funding So who do they look to to cut out? lutely no tax reduction under this GOP tax bill. for Homeland Security by $2.5 billion—a pit- Did they look at Warren Buffett? That figure includes 1.8 million taxpayers tance compared to the costs of the GOP’s Frankly, did they look at the gen- who pay more than $1,000 in income tax. unaffordable and unfair tax bill. tleman from Maryland (STENY HOYER)? What do they receive? No tax relief whatso- Meanwhile, this Republican majority refuses I could have afforded it. No, they did ever. Nothing. Not a thing. to address the most pressing unmet needs in not look at us. They did not look at And the unkindest cut of all, 6.5 million min- America today: the wealthy; they looked at the poorest imum-wage families, with nearly 12 million The 41 million Americans who have no Americans and cut them out of this children, will not receive the $400-per-child in- health insurance; bill. crease in the child tax credit in the GOP bill. The millions of children who are eligible for As a matter of fact, most of us prob- Mr. Speaker, let’s be clear: We could have Head Start but have no seat at the table; and ably did not know that, and the Presi- extended the child tax credit to all families— The millions of seniors who need and de- dent has now said he is going to fix it. as Democrats sought—simply by limiting the serve a prescription drug benefit under Medi- But frankly, he did not offer it in his reduction in the highest marginal income tax care. tax bill. The Republicans did not offer rate to 35.3 percent rather than 35 percent. On issue after issue after issue, this Repub- it in their tax bill that passed the But lo and behold, in the clearest possible lican majority has sided with powerful special House. It was a Democratic amend- demonstration of Republican values and prior- interests over the interests of working Ameri- ment offered by Senator LINCOLN, ities, the GOP has shown once again that cans. adopted, and was in the conference. We when push comes to shove it will fight for the Mr. Speaker, that is certainly not the Demo- all thought it was going to stay in the ‘‘Bush class’’ over the working class every sin- cratic Party’s vision for America. And we will conference, but it was dropped in the gle time. The GOP’s mantra really ought to never stop fighting for a positive agenda that dead of night without any Democrats be—Leave no millionaire behind! meets the needs of all our citizens. in the room and unbeknownst to most While minimum wage workers and their chil- f Members. dren get left out in the cold under the Repub- Mr. Speaker, we could have extended licans’ tax bill, the Grand Old Party ensured REPORT ON RESOLUTION PRO- the child tax credit to all families, as that 184,000 taxpayers with incomes of more VIDING FOR CONSIDERATION OF we sought, simply by limiting the re- than $1 million would receive an average tax H.R. 1474, CHECK CLEARING FOR duction in the highest marginal income cut of $93,500. THE 21ST CENTURY ACT tax rate to 35.3 percent rather than 35 Ladies and gentlemen, in the Republican vi- Mr. SESSIONS, from the Committee percent. We needed to pay for it, and sion for America, apparently that’s what on Rules, submitted a privileged report we could have done it. passes for compassion. And if you don’t (Rept. No. 108–138) on the resolution (H. Now, that same gentleman from agree, well the GOP vilify you, charging that Res. 256) providing for consideration of Texas observed that we needed to re- you’re practicing class warfare. the bill (H.R. 1474) to facilitate check duce the taxes because we needed to Mr. Speaker, let’s be honest. truncation by authorizing substitute

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.127 H03PT1 H4852 CONGRESSIONAL RECORD — HOUSE June 3, 2003 checks, to foster innovation in the cannot think of anything that more re- yet we cannot appreciate our children? check collection system without man- flects those types of statements, and How do we make that choice? dating receipt of checks in electronic those values embedded in that state- I know the men and women on the form, and to improve the overall effi- ment than that we would focus our tax other side. They are good people with ciency of the Nation’s payments sys- cuts on our children, the children of good values. These are not the values tem, and for other purposes, which was working parents who get up every day their parents raised them with, to referred to the House Calendar and or- and struggle to do right. They do not choose the depreciation of machinery dered to be printed. choose welfare, they choose a pay- over the appreciation of our children. I believe that we have a tax cut. f check. As my colleague, the gentleman from Democrats offer one in good faith, the REPORT ON RESOLUTION PRO- Texas, mentioned, we have to reward type of tax cut Republicans have voted VIDING FOR CONSIDERATION OF work. These are the children of work- for both in the other body as well as in H.R. 760, PARTIAL-BIRTH ABOR- ing families. the past. As our majority leader of the TION BAN ACT OF 2003 Now, in 1997, we had a balanced budg- House said before the last tax bill was Mr. SESSIONS, from the Committee et, a budget that was balanced with our voted on, we are going to come back on Rules, submitted a privileged report priorities as well as our values. It ex- and we are going to do another tax cut. (Rept. No. 108–139) on the resolution (H. panded the earned income tax credit, it The Senate leader said that we are Res. 257) providing for consideration of offered a $500 per child tax credit, and going to do another tax cut. the bill (H.R. 760) to prohibit the proce- it provided 10 million uninsured chil- We have a tax cut. We stand ready to dure commonly known as partial-birth dren of working parents health care. It work with them and fulfill their obliga- abortion, which was referred to the also cut the capital gains tax. tions to get another tax cut passed, one House Calendar and ordered to be We also created a tax credit for high- that works and benefits our economy, printed. er education, and we did it while bal- the children of working families, en- shrines the value of work, and holds f ancing our budget. We met our obligations. We invested in the long-term that up; not just rewards passive in- DEMOCRAT TAX CUT INCLUDES growth of this country’s economy. We come, but rewards active work. WORKING AMERICAN FAMILIES got the economy moving by balancing f The SPEAKER pro tempore. Under a the budget. We did not hurt the long- VETERANS, CHILDREN, AND previous order of the House, the gen- term opportunities, but we invested in GREEDY, UNPATRIOTIC COR- tleman from Illinois (Mr. EMANUEL) is education, health care, and the envi- PORATIONS recognized for 5 minutes. ronment. The SPEAKER pro tempore. Under a Mr. EMANUEL. Mr. Speaker, when Now this administration has chosen previous order of the House, the gen- we were here in the House the other to have three tax cuts. What have they tleman from Ohio (Mr. STRICKLAND) is day to vote on the third tax cut of the resulted in? $3 trillion have been added President, the majority leader stated recognized for 5 minutes. to the Nation’s debt, and nearly 3 mil- Mr. STRICKLAND. Mr. Speaker, I that we were going to be back and they lion Americans are without jobs. What rise this evening to talk about vet- were going to be back with another tax a deal. What an opportunity. erans, to talk about children, and to cut. Now, the first excuse for having left talk about greedy, unpatriotic corpora- Well, we have a tax cut. It is on be- 12 million children of working parents half of working families and their chil- tions. out of this tax cut was, we forgot. We First of all, I would like to say a dren, so I would like to take the major- did not know. That is interesting. word about our veterans. We passed a ity leader up on his offer to have an- When it came to closing the tax loop- budget in this Congress which, over the other tax cut immediately following hole for corporations that use the ZIP 10-year budget cycle, will underfund the first three tax cuts that they have code of Bermuda, we did not forget veterans’ programs by $6.2 billion. passed, and bring up this tax cut that them. We took that right out. We said, he said we were going to have, one that does not belong in this tax cut. b 1915 right after we got back from session. That is $30 billion of lost revenue And included in that budget are cer- We were going to have another tax cut. that American working families have tain assumptions which will greatly in- Not even was the ink dry, but we were to make up. We did not forget them. crease the financial burdens that will beginning to work on another tax cut. We did not leave them behind. We re- be placed upon the backs of our vet- I found it a little ironic that night membered what ZIP code they were in. erans. First of all, a decision has been when I heard the majority leader say We remembered their area code. We got made that if you are a priority-eight that, because I thought this was going them right back where they belonged. veteran, considered high-income, and, to be the jobs and growth tax cut. Why Those are our pioneers. Those are our quite frankly, in my district that could do we need another tax cut if this was rangers, as they are known in some be someone who makes as little as going to be so effective? Maybe it will parts of this country. $22,000 a year, you are considered high- produce the same results the first tax Now, the other excuse given was, income, and so you would no longer be cut did, which has resulted in 2.75 mil- these people do not pay taxes. That is able to enroll in the VA health care lion Americans losing their jobs, 5 mil- funny, because when they get their system. lion Americans losing their health paycheck their FICA is withdrawn, Now that is fairly shameful. In the care, $1 trillion worth of foreclosed cor- their State income tax is withdrawn, Committee on Veterans Affairs earlier porate assets, and 2 million Americans their property taxes they have to pay. today, one of my colleagues said that walking out of the middle class into They pay taxes. he was a priority-eight veteran and he poverty. What is interesting, the very crowd really did not object to being excluded. But they want to do another tax cut; they are criticizing was the crowd Ron- Well, the fact is that I and all of the so, as we say in Chicago, I’ve got you ald Reagan praised when he created in rest of us who serve in this body make one. That is, I have a tax cut for mid- 1986 the earned income tax credit. Ron- about $150,000 a year. It is probably a dle-class, working-class families and ald Reagan was the one who signed this little easier for us to pay for our health their children, the Rangel-DeLauro- into law. President Clinton was the one care than it would be for a veteran who Davis bill. It focuses our priorities on who doubled it in 1993 and expanded it makes as little as $22,000 a year. working families and children. It in 1997. We worked across party lines to Well, there are other things that this makes good economic sense, and it help every child. These are America’s budget does. It assumes that we will makes good moral sense. It reflects, children. We did not discriminate. We charge priority-seven and -eight vet- most importantly, our values. surely do not discriminate against the erans an annual $250 enrollment fee, Now, the President during the State children of millionaires. something that we have never done in of the Union said that we would not Where are our common values? How the past. So these veterans are now leave our burdens to our children, that do we choose to give such a high pri- going to be asked to pay an additional we would solve our problems today. I ority on the depreciation of machinery, $250 annual enrollment fee.

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.128 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4853 But it gets worse: the budget assump- Mr. CROWLEY. Mr. Speaker, during ensuring that 8 million children re- tion that the cost of a prescription the debate on the tax bill, the Repub- ceive fair benefits while eliminating drug for these veterans will go from $7 licans continually stated how the Na- tax loopholes that hurt the U.S. While a prescription all the way up to $15 a tion’s economic policy should alleviate these children will not get the average prescription. Now, we just increased taxes on the rich as they are the ones $93,000-plus tax exemptions that mil- this co-payment from $2 to $7 about a doing the so-called creating of wealth, lionaires will get, they do deserve some year and a half ago, and now we want as opposed to the middle-class people help. Democrats have a plan while Re- to take it up to $15 a prescription. If actually doing the labor in our Na- publicans have a scapegoat. you are on a fixed income and you tion’s plants, ports, factories, ware- But let me hand it to the Repub- make $22,000 a year and you get eight houses, and offices. licans and President Bush. They have or 10 prescriptions a month, that is a When Democrats pointed out that been adept at telling working men and big chunk of your disposable income. they were, in fact, providing a tax cut women that their economic ideas will Well, it gets worse. The budget also to the richest and wealthiest 1 percent elevate them, when in reality it will assumes that we will increase the cost of Americans, something that my Re- give them the shaft. Not only are we of a clinic visit for a veteran. I think publican colleagues never denied, the literally taking money out of the the American people are getting the Republicans accused Democrats of hands of poor children; we are doing it picture. We applaud our servicemen playing class warfare. But class war- to provide a tax credit to the richest 1 and women. We thank them for their fare is pitting people against each percent of Americans while blowing a service. But when they really need help other, and that is what the Republican hole in a deficit and not creating jobs. from our government, we nickel and tax bill has done. In fact, even the conservative Wall dime our veterans. Nothing highlights class warfare of Street Journal again states the Repub- What about our children? In this tax the Republicans against middle-class lican tax package will not create jobs. cut we passed a week before last, we people more than the midnight actions They argue that the President’s plan is left 12 million children out; 12 million of the Republicans and President Bush a ‘‘no go on job creation’’ and that the children whose parents make some- when they stripped out many of the elimination on taxes on dividends will where between something like 11,000 to child care tax credit provisions for diminish the abilities of businesses to 25 or $26,000 a year will end up getting hard-working poor families. Numbers take tax incentives on capital invest- nothing, while a child whose parents crunching is, I think, what they call it. ments and R&D, things that actually make 40,000 or $60,000 a year will get an I believe the cutting of the child tax create jobs. additional $400 tax credit. It is just credit for the poorest in this country is Even the President’s own outside simply unfair. unconscionable. team of economic consultants stated There is something else that ought to Now, I understand that after leaving that the surging deficits caused by his make every one of us who serves in this the economic policies of the past 3 bill will actually ‘‘do more harm than Chamber stay up at night and worry years, which have led to the loss of good’’ as ‘‘surging budget deficits about our actions: many children of over 2.7 million private sector jobs, would raise interest rates and lower young men and women who at this very that the Republicans would be unfa- savings rates and actually discourage moment are serving this country in miliar with the term ‘‘working people’’ job creation.’’ Iraq will have their children excluded as they have eliminated so many of So while Republicans like to keep in this tax package. Think of that. them to date; but they do, in fact, stressing this is another $350 billion Moms and dads being sent to Iraq to exist. In fact, in addition to the 2.7 mil- windfall, they ignore other important defend the freedoms of this country lion jobs that have disappeared under numbers such as $450 billion and rising, and their children are going to be ex- the Bush economic plan, millions more our annual budget deficit; $1 trillion, cluded from the benefits of this in- Americans have slipped out of the mid- what this will add to our national debt creased child tax credit. because of the high interest payments But I want to tell you, we can solve dle class and into the category of working poor. They include the over 3 mil- we will pay on borrowing this money some of these problems if we are will- for a tax cut for the rich; 563, the num- ing to do one thing. If we are willing to lion new Americans without any health insurance. They are the families who ber of jobs lost every working hour of close the loophole, the tax loophole every working day since President that allows large profitable corpora- work two jobs to pay the rent and put food on the table, the same people who Bush has become President. tions to go to Bermuda and get a post This tax bill was bad for the Amer- office box while keeping all of their op- actually are seeing their taxes rise under the Bush plan, the ones who are ican people when we passed it, when it erations in this country and doing that was signed into law, and it will be bad simply so they will not have to pay losing education and health benefits under the Bush plan. They are the 8 for the history of the United States. their fair share of taxes. Think of that. 2.7 million—the number of private sector million children stripped of benefits by And many of these corporations who jobs that have been lost since Bush took over the Republicans in this House. All the have chosen to engage in this tactic, 8 million—the number of children who will while the Republican bill will ensure which I consider highly unpatriotic, lose benefits from the tax bill because of Re- millions of new rich Americans will are benefiting by getting multimillion publican chicanery dollar contracts under the Department pay no taxes. 150,000—the newly unemployed in NYS They are the people referred to by of Homeland Security. since Mr. Bush assumed the presidency So here is what we have: corpora- the conservative Wall Street Journal 120,000—the newly unemployed in NYC tions that do not want to pay their as the ‘‘lucky duckies.’’ since Mr. Bush assumed the presidency taxes going to Bermuda and yet get- Class warfare is putting interests of 30,000—the newly unemployed in Queens, ting multiple millions of dollars from the richest 1 percent of the people, in- NY since Mr. Bush assumed the presidency this government under the Department cluding those millionaires who shelter 16,000—the newly unemployed in the Bronx of Homeland Security. We take care of their income in overseas accounts and since Mr. Bush assumed the presidency the wealthy in this Chamber, but the pay no taxes, over those of hard-work- Democrats opposed the first Bush tax cut veterans and the children are too often ing poor people in this country. I had claiming it would do nothing for job creation left behind. always been taught that it was women and blow a hole in our national budget, we and children first. But in this sinking f were right then, and unfortunately, we will be ship of the U.S. economy, the Repub- right again TAX PLAN HELPS RICH AND lican ship captains are letting women It gives Democrats no joy to watch as the ABANDONS CHILDREN AND VET- and children go down with the ship Republicans squander our nation’s resources, ERANS while saving the strongest first. bankrupt our nation and overtax the middle The SPEAKER pro tempore (Mr. In fact, Republicans refuse to elimi- class, but it is what Republicans from Presi- MARIO DIAZ-BALART of Florida). Under nate a corporate tax loophole that al- dent Bush on down are doing. a previous order of the House, the gen- lows corporations to escape U.S. taxes The American public must demand a more tleman from New York (Mr. CROWLEY) by filing shell corporations overseas. accountable government, one that puts the in- is recognized for 5 minutes. Democrats wanted to change this by terest of workers over millionaires.

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 9920 E:\CR\FM\K03JN7.130 H03PT1 H4854 CONGRESSIONAL RECORD — HOUSE June 3, 2003 Republicans refuse to listen. could not get to them. I called them. I order of the House, the gentlewoman So if America wants a real economic recov- could not find out if they paid any in- from Ohio (Mrs. JONES) is recognized ery with real job and wage growth, then we come tax or not, but they are paying for 5 minutes. must add President Bush and the Republican taxes. Mrs. JONES of Ohio. Mr. Speaker, Congress to the growing list of the 2.7 million And the President and the group who today we stood here and we debated the people who have lost their jobs because of the put this bill together, I cannot under- amendment that would outlaw burning misguided policies of the Republican party. stand how you could look at somebody the flag and everybody stood on the Fairness is not stealing from poor children. in the eye who is working full time, floor or everybody, those on the Repub- Fairness is not overtaxing the middle and has a wife and two children, the wife is lican side of the aisle, stood on the working classes. staying home taking care of the kids, floor and talked about liberty and jus- Fairness is not encouraging millionaires to how you could look at them and say, tice for all as we pledged allegiance to pay no taxes while we lose 563 American jobs We are not going to give you one thin the flag. Clearly, that liberty and jus- an hour. dime. I mean, that takes a real heart of tice for all applies sometimes and not Fairness is not what the Republican eco- steel or rock. But we are going to give at tax time. nomic package is about. you who have a million dollars, we are I have been fortunate to serve as a It is a shame and Congress, if it had any going to give you $93,000. new member of the Committee on Ways Now, think about the unfairness of honor, would work to resolve the stolen bene- and Means, and I sat through hearing that. People want to talk that this is fits of those 8 million children as well as cre- after hearing after hearing about the class warfare; that that is warfare on ate jobs for those 2.7 million American unem- working people who are trying hard to tax cut; and in the hearings it was said ployed adults. get there. Now, the President says we that the tax cut would boost the econ- f are not going to leave any child behind. omy. Several times we reminded the MILLIONAIRE TAX BREAK LEAVES He stood right in here and I was moved speakers that were speaking that the CHILDREN BEHIND by that. I thought, as a child psychia- 2001 tax cut did not boost the economy, so what makes them think that an- The SPEAKER pro tempore. Under a trist, I thought how wonderful to have a President who is not going to leave other tax cut, again in 2003, will boost previous order of the House, the gen- the economy? tleman from Washington (Mr. any child behind. And then I saw his budget. He puts the bill out here, and The real unfairness of the situation MCDERMOTT) is recognized for 5 min- he told us how much it was going to in some of those debates was the issue utes. cost to do this education program, about dividend tax cuts as it impacted Mr. MCDERMOTT. Mr. Speaker, in Leave No Child Behind; but they gave low-income housing tax credits, and we this business you can tend to talk in $9 billion less than was necessary. pushed them on this and we pushed big numbers, and you can talk about Now, I do not know how he figures them on this. Oh, I am not sure it is big issues and a lot of other things; but that we could have a program where we going to have an impact, but all of us very often some of the most poignant are not going to leave anybody behind, understand that right now people are and powerful things come to you in the but we do not put out the money that investing in urban communities be- mail or in e-mail. we say we need. cause of the tax credit they will get, All the Members of the House walk b 1930 not because that they are such do- around with these Blackberrys on their gooders. waist, and I got an e-mail today from a That is this family, this family. That brings us home to where we are woman in my district. I really do not These kids need an education. right now, where we have families who Tell me, how are their parents going know how she got my e-mail. I am sort make between $10,500 and $26,625, and to put any money aside so that they of surprised by that, but she is pretty they will not benefit from this tax cut. can go to college? They are making creative. But she says: ‘‘Our govern- It is a shame. It is not justice for all, ment should stand for basic fairness $22,800. What is the likelihood that they are putting money away for those and we need to bring them out. We and justice. That is why I do not under- need to pull the sheet off this mess stand why families earning between kids to go to college? One does not have to be a rocket scientist to know that we have here. We need to open the $10,000 and $26,000 per year would be ex- doors to daylight. We need to let the cluded from receiving the $400 per child that they are spending every dime on rent and food, or maybe they are buy- American people understand that the tax refund that the wealthier families working folk that make between $10,500 will receive this summer just so mil- ing their house. I hope they have got a house, al- and $26,000, that pay the same $2 for lionaires can have bigger tax cuts.’’ gasoline, that pay the same $2 for a She gets it. She understands that we though it is pretty hard to get a loan when a person only has that kind of in- loaf of bread, that pay the same $7 for have taken money away from the peo- come. But let us hope they are buying a pound of meat, that pay all the same ple at the bottom and said we are going their house and they have got food for things that the millionaires pay, well, to give it to the people at the top. The their kids and clothes and some gaso- maybe the millionaires pay more be- American people understand. line for the automobile, maybe the car cause they can afford to get more ex- She went on to say: ‘‘As a con- payment, and what is left after a per- clusive-type things, but those people stituent I ask you to please amend son has $22,800? are not going to benefit from this tax President Bush’s unfair tax cut plan to People came in here and rammed this cut. They are not going to be able to include these poor families and their 12 bill through. It did not have a hearing get that $400 and run out the door and million kids.’’ in the Committee on Ways and Means. buy their kids some new shoes or She even has the numbers right. They were not going to let us do that. clothes, or buy more stuff or put some To leave the tax cut as it is brings We had 2 hours of debate and out she more food on the table. too much shame upon this great Na- goes, and then they send us home and This tax cut, as it is presented, will tion. Then she adds: ‘‘I know this first- the President signs it and hopes no- not boost the economy, and surely it is hand. I have a son trying to support a body figures out what is in the bill. not going to boost the lives of low-in- wife and two children on $11 an hour.’’ This lady figured it out. She is not come American families, and they will I sat down and figured out what that stupid. Her kids are not stupid, but the pay. amounts to. That is $22,000 a year in Republicans think they are, and they Seattle, which is a very high-cost area are not going to get away with that. f to live in, and they are trying to live The American people are not going to REALITIES OF THE TAX CUT on less than $2,000 a month. They pay stand up for this. taxes. They pay the FICA taxes. They The SPEAKER pro tempore. Under a f pay for their Social Security, and they previous order of the House, the gentle- pay for their Medicare. They pay 7 per- TAX CUT WILL NOT BOOST woman from Texas (Ms. JACKSON-LEE) cent of that $22,000. So that means ECONOMY is recognized for 5 minutes. every year they pay $1,400 in taxes. I do The SPEAKER pro tempore (Mr. Ms. JACKSON-LEE of Texas. Mr. not know how much they pay because I MARIO DIAZ-BALART). Under a previous Speaker, it is interesting, as I follow

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.062 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4855 my colleague, I believe that the com- remember I mentioned to my col- Now, just coincidentally perhaps, ments made by so many are so accu- leagues that we have got a sky- that is the way slaves were counted in rate on the question of what we are rocketing unemployment rate, Mr. the Constitution. When the Constitu- doing in this House and the importance Buffett, who is the richest or second tion was written, slaves were to be of taking care of the people that we richest in the Nation, he says that the counted as three-fifths of a person, and have come to be responsible for. administration’s tax plan was like a today, under the Bush tax cut, children It is really a question of what are the manager saying we are going to grow and families earning between $10,000 challenges of this body and who do we our earnings 20 percent a year. They do and $26,000 a year count for three-fifths owe our allegiances and responsibil- not have the faintest idea, in my view, of what children and families earning ities to in terms of the American peo- of how many jobs this is going to cre- over $26,000 a year. ple. Frankly, I believe that all of the ate. How could they? Economics is not It is an embarrassment. It is shame- American people look to this body to precise. ful. It is yet one more example, if any be fair and equitable, and it is inter- So when Democrats had a tax plan were needed, that this administration esting that we take the time to alleg- that directly invested in infrastruc- is on a relentless quest to treat the edly address concerns that we believe ture, health care and homeland secu- very wealthy in this country dif- that they are interested in, but leave a rity, we knew what kind of jobs we ferently, in fact, to transfer as much lot on the table while much goes long- would create. We have got a pie-in-the- money as they can from middle-income ing for our attention. sky plan. So what do we do, Mr. Speak- America to the richest people in the I would ask this body to look at the er? We come together. Democrats stand country. It would have been easy to correct conditions that we are in in 2003 and on the floor of the House into the wee this problem, very, very easy. Let me compare them to conditions over the hours of the morning on Friday pre- last almost 15 years or so, from 1989 to give my colleagues one example. ceding the Memorial Day holiday, beg- The cost of the deleted low-income 2002. Under President Bush, Sr., we see ging for reality, begging for sense to be child tax provision is $3.5 billion. It is unemployment skyrocketing above 8 made and saying that the least of those 1 percent of the official cost of $350 bil- percent. Under President William Jef- have been left out. lion for the final bill, and it could have ferson Clinton, in an 8-year term, we Of course, we were demagogued, cas- been easily made up by reducing the can see that the unemployment of this tigated and suggested that this was not top income rate by 0.1 percent for 3 Nation, impacting everyone, went the time. Well, Mr. Speaker, let me tell years, because for each 0.1 percentage down to a bare minimum of under 4 my colleagues who we have left out, as rate that the top rate is reduced, the percent. It means that the economic I mention to my colleagues these num- cost is $1.3 billion. That is all it would policies that were generated the last 8 bers very quickly: 11.9 million children, take, 0.1 percent less to the top rate. years created jobs. 6.5 million working couples who qualify This is all it would have taken, and I am reminded of a very strategic for the earned income tax and 8.1 mil- people with incomes over $1 million a vote in 1993 when we were peaking in lion taxpayers. year on average would get, instead of a unemployment, and lo and behold, Mr. Speaker, we should pass the Ran- tax cut of $93,500 a year, they would get there was a very vital, strategic deci- gel-DeLauro-Davis bill that provides a an average tax cut of $88,000. sion by the Democratic Caucus and minimal child tax credit for these left In other words, for a reduction in President Clinton to make a decided out souls, and we should take away their tax cut of $5,500, we could have vote on behalf of the American people, this tax bill that does nothing for a reached 12 million children. We could a budget vote that saw the economy great number of Americans who work have reached all of those children in skyrocket to success and unemploy- every day for us. families between $10,000 and $26,000 and ment go down. Now we find ourselves f given them just the same tax cut that in a predicament, skyrocketing deficit, go to families earning more. INJUSTICES OF THE TAX BILL a budget that does not seem to be able b 1945 to be complied with and unemployment The SPEAKER pro tempore. Under a shooting through the roof. previous order of the House, the gen- It is unbelievable, it is appalling that With that backdrop, Mr. Speaker, tleman from Maine (Mr. ALLEN) is rec- once again the administration has what did we do before the Memorial ognized for 5 minutes. taken this approach. Day holiday? No, we did not invest in Mr. ALLEN. Mr. Speaker, I rise I would just say that it is obvious human resources, hospitals and clinics, today to speak again about the injus- from this example and others that this is not a tax cut designed to increase health insurance for all Americans. We tice of President Bush’s latest tax cut economic growth. Its primary purpose, did not invest in infrastructure, build- bill. It is really amazing what he has given the huge deficits, given the fact ing highways, freeways, roads, enabling done to families with children earning that every dollar of the tax cut is bor- our railroads, enabling our various between $10,000 and $26,625. They are rowed, borrowed from our children and not treated like American families who modes of transportation, providing grandchildren, it is obvious once again earn larger sums than that. greater access for the working commu- the whole motive here is to drain the I want to quote from the editorial nity of America. We did not create jobs Federal Government of revenues so today in the Bangor Daily News in my by investing in homeland security, that we will not have the funds to fund even in the backdrop of a Red Alert. State of Maine. The editorial reads, education the way we have in the past, What we did was compress a $550 bil- ‘‘On the day President Bush signed his so that we will cut veterans benefits, lion tax cut, which by the way, Mr. latest tax cut bill, astute observers no- as reflected in the President’s budget, Speaker, I believe will ultimately re- ticed that the increase from $600 to and so there will not be sufficient funds sult in a $1.6 trillion tax cut which $1,000 in the package’s child tax credit to maintain Social Security and Medi- makes the deficit soar deeper and deep- would not apply to children of the care in the way in which they have er downward. No. We decided to pass a working poor. Families with incomes been funded in the past. $350 billion tax cut. That was in name under $26,625 will remain at $600. By This administration and the Repub- only because, as I said, I believe it is leaving those children at the lower licans in Congress are engaged in a de- really $550 billion and ultimately $1.6 level, did the tax cut crafters really termined effort to reduce the size of trillion, in light of skyrocketing unem- mean to imply they were worth only the Federal Government at the same ployment. three-fifths of richer kids? Did sometime that they are increasing the We have argued, of course, that this one have an awful sense of symbolism wealth of the wealthiest people in this will generate into some mode of oppor- or are they trying to tell the public country. It is embarrassing, it is tunities for all Americans, but let me something?’’ shameful, it should stop. share with my colleagues the word of Three-fifths. If families earned be- f Warren Buffett on that tax cut, as he tween $10,000 and $26,600 a year, they pointed out that the tax cut by the ad- get three-fifths of the tax cut, the child TAX CUT ministration, the Bush administration, tax credit earned by people earning The SPEAKER pro tempore (Mr. suggesting that it would create jobs, over $26,000 a year. MARIO DIAZ-BALART of Florida). Under

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.134 H03PT1 H4856 CONGRESSIONAL RECORD — HOUSE June 3, 2003 a previous order of the House, the gen- But in the Republican plan it is the and about fairness. And the Republican tleman from Washington (Mr. INSLEE) last group that gets tax relief. The rea- tax bill violated all of those values. is recognized for 5 minutes. son is because this plan was based on They made a conscious choice to take Mr. INSLEE. Mr. Speaker, I believe an ideological fixation that they want families, a husband and a wife earning it was Mark Twain who said that hu- to starve government rather than the $15,000 to $20,000, a little bit more, rais- mans were the only species that had economic theory of getting money ing a couple of kids, a single parent the capability of feeling embarrass- back into the U.S. economy. That is raising a couple of kids, who are strug- ment or needed to, and I think that we why it is doomed to failure. That is gling to get by in a tough economy, are going to see many of my friends why their last tax cut produced noth- and they decided that they were simply across the aisle in the Republican Cau- ing. That is why we have had 21⁄2 mil- going to exclude them from the bene- cus who have sincere and legitimate lion new lost jobs after their last tax fits of this tax bill. They were not embarrassment about what they did at cut, and that is why this one is not going to give them the child credit. about 1 a.m. awhile back when they going to be any better for the U.S. Now, Congress had made a decision passed the tax cut that is so grievously economy. over the past many years, from Ronald unfair to 12 million children and 8 mil- Mr. Speaker, we need an economic Reagan on, that we should have a child lion families in this country. plan to grow jobs, not an ideological credit; that we should try to help offset You have heard, Mr. Speaker, pre- fixation; and we need to help children the cost of raising children for middle- vious Members here address the fact first, not last. income families and lower-income fam- that this child care tax credit was left f ilies and that has been the policy in out for these families earning $10,000 to UNFAIR TAX CUT this country on a bipartisan basis. But $26,000 a year. I think in doing so, the this extreme Republican leadership in The SPEAKER pro tempore. Under a Republican Caucus has given a new the House, along with Vice President meaning, a new definition to the term previous order of the House, the gen- CHENEY and now the Republican leader- tleman from California (Mr. GEORGE women and children first. The ‘‘women ship in the Senate, decided that these MILLER) is recognized for 5 minutes. and children first’’ principle used to children had less value than other chil- Mr. GEORGE MILLER of California. mean that you take care of those who dren in the Nation. are least capable of caring for them- Mr. Speaker, the billion dollar tax cut selves first. But the Republican Caucus that President Bush signed into law What kind of person makes that deci- has given a new definition of that last week was supposed to give every- sion about these children that they do term. It means that you cut out and one who pays taxes a tax cut. In fact, not even know, about these parents you give tax cuts to everyone else first President Bush said, ‘‘My jobs and struggling to raise their children and and children last. growth plan would reduce taxes for ev- to pay their health care, to educate Because what happened here is pretty eryone who pays income taxes.’’ The them, to provide them the necessities obvious. It is pretty clear that the Re- President declared that several weeks and maybe a little extra on salaries publicans had a choice to make. They ago. that do not exceed $26,000 a year? What decided that they were only going to do Well, now as it turns out, that is not kind of mind, what kind of person was a tax cut with a total cost to the exactly the truth; and the devil is in in that room that night when they Treasury of $350 billion, and they had the details. Because what the President made a decision to deny these children, to make a decision at the last instant did not tell the American public and to deny these parents this increase of who to deprive of the tax cut. They had what he did not tell America’s families $400 in a tax cut to come this summer, a clear choice to make. They could cut waiting for their tax cut was that a that these children and these families .1 percent, or 1/1000th of the amount of back-room deal he struck with the would not get to participate in? It is a the tax cuts given to millionaires, or leadership in the House and the Senate, corruption and a corrosion of any sense they could decide to deprive it and not a bill that was sent for his signature, of the public interest. It is a corruption give children the benefit and those excluded 2.5 million taxpayers and 12 of the process of this Congress that families earning $10,000 to $26,000 a million children from the benefits of they would do this in the middle of the year. They decided to deprive the chil- this bill. These are mostly single-par- night in a secret deal and tell no one. dren of that benefit rather than the ent households, with a child 16 years or It was only after the President signed millionaires who were paying these older, that earn between $10,000 and the bill did they have to admit that taxes. $26,000 a year. this was what was done. First they They now are rightfully, sincerely, It was not a mistake. It was not an tried to say it was not true. First they and I think greatly, embarrassed by oversight. The Republican tax writers tried to say that this did not affect this disclosure that has now come out who crafted the final compromise all these families. They were playing a lit- from this middle-of-the-night tax cut by themselves, with no Democrats in tle fast and loose with the truth down that was passed. And why did that hap- the room, under the supervision of Vice at the White House that day through pen? Why did that happen? It is not be- President CHENEY, made a conscious the President’s spokespersons. Well, cause the Republicans are not good decision to roll back the benefits of the the truth came out. Twelve million folks. It happened because this tax cut child tax credit for 12 million children children denied the benefits of the and its bottom line, its basic theory, to save $3.5 billion. And they did not child tax credit. was not an economic principle or an take that savings and put it into the This is extremism at its far point. economic plan; but rather it was a Treasury against the massive deficit This is a denial of the value of Amer- knee-jerk fixation, an ideological pre- they created. They took that $3.5 bil- ica’s families at the extreme. This act disposition to starve the government lion, and they gave it to corporations must be overturned. It must be over- and to do a disproportionate tax cut who run overseas to avoid taxes; they turned soon so that these families too that is not in keeping with the needs of refused to close the Enron loopholes can get that $400 check that they are working families. that destroyed corporations and many entitled to under the laws of this land What I mean by that is if you were people’s retirement. They took that and a decent system of fairness and eq- going to do a tax cut that had an eco- money from those 12 million children, uity. nomic theory behind it, you would give and they gave it away so that they tax benefits to these working families would not have to close corporate tax f that are going to turn that money loopholes. around and get it right back into the Now, what does this mean, and why The SPEAKER pro tempore. Under a U.S. economy. These are the first fami- are we here late into the evening to previous order of the House, the gen- lies that ought to get a tax cut, not the discuss this matter? Why have so many tleman from New Jersey (Mr. PALLONE) last. The reason they are the first fam- Democrats lined up to speak on this is recognized for 5 minutes. ilies is that these are the folks that are matter? Because this is an issue of (Mr. PALLONE addressed the House. going to get the money right back into basic fundamental values about our His remarks will appear hereafter in circulation. families in this country, about equity, the Extensions of Remarks.)

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.136 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4857 The SPEAKER pro tempore. Under a most, low- and moderate-income fami- It is amazing to me that we have previous order of the House, the gentle- lies. Families making between $10,500 heard about Leave No Child Behind woman from Colorado (Ms. DEGETTE) is and $26,625 a year are now, under law, when we have left millions of children, recognized for 5 minutes. excluded from collecting the $400 child just with this one act, this one tax (Ms. DEGETTE addressed the House. tax credit. Those who could benefit the break for the wealthiest 1 percent, the Her remarks will appear hereafter in most from the tax credit will in fact wealthiest 5 percent, we have left mil- the Extensions of Remarks.) get nothing. lions of children behind, all at one f b 2000 time. It is amazing also to hear people who The SPEAKER pro tempore. Under a Mr. Speaker, I have difficulty com- do not want to pay taxes. I do not previous order of the House, the gentle- prehending the philosophy that know how in the world we expect to woman from California (Ms. LEE) is brought this about, trying to exclude have the kind of country, to have the recognized for 5 minutes. the ones at the bottom of the totem kind of democracy to provide the kind (Ms. LEE addressed the House. Her pole. While others enjoy a tax cut, of services without individuals paying remarks will appear hereafter in the these individuals who make under taxes. Oliver Wendell Holmes sup- Extensions of Remarks.) $26,625 will not. The median income in posedly said one time that taxation is f my district is $22,000 so more than half the price that we pay for a civilized so- of my constituency will not see a cent. TAX CUT UNFAIR TO HISPANIC ciety. And then to hear people talk For Hispanic families, this means that POPULATION about those who do not pay much do roughly 1.6 million, or 30 percent, of all not need breaks, or to hear colleagues The SPEAKER pro tempore. Under Latino families who otherwise would suggest that because individuals are the Speaker’s announced policy of Jan- have been eligible for the tax break are not in a position to pay much in the uary 7, 2003, the gentleman from Texas now no longer going to qualify. The way of taxes, or as much as some oth- (Mr. RODRIGUEZ) is recognized for 60 child tax credit has long been crucial ers, that they do not deserve. minutes as the designee of the minor- for Hispanic families, working families, We hear talk about stimulating the ity leader. who are deeply affected by the tax bur- economy. Whoever heard of stimu- Mr. RODRIGUEZ. Mr. Speaker, last den. lating an economy by giving back to week, the President signed into law While 85 percent of Latino males are the wealthiest individuals, who could one of the largest tax breaks ever for in the workforce, the largest percent- not possibly have a need to spend any the wealthiest Americans. He did so at age for any ethnic group in the coun- more money. a time when unemployment is on the try, many Hispanics work in seasonal, When I was a kid growing up, my rise. Since President Bush took office, low-wage jobs, and the majority of His- mother used to make soup, and if she approximately 2 million jobs have been panics do not participate in the em- wanted to stimulate that soup, she lost, and the Hispanic community has ployer-sponsored retirement plans, nor would take her spoon and go down to been hit the hardest with a rising undo they own stock. How can the admin- the bottom of it and stir things up. employment rate of 7.5 percent com- istration argue that this plan helps When she would stir things up, the fla- pared to 6 percent for the general popu- working men and women when working vor would ignite and the aroma would lation. families are the ones that are left out? penetrate the whole house. People want to work, but the jobs are The Latino community may not be So it would seem to me if we really simply not there. Instead of pursuing one of great wealth, but we are the fu- want to shake up the economy, we policies to stimulate the economy and ture of the economy and the workforce, would go down to the bottom, provide create jobs, the administration and the and the Latino community deserves something for those people, raise the congressional majority have pushed the respect of our leaders and deserves minimum wage, put some money in the through a plan that includes a tax cut a fair share of any proposed tax relief pockets of individuals who are trying that does nothing to address any of plan, not just the crumbs left over to make it. If we do that, then it is these financial problems and worries from the Nation’s wealthiest few. What clear to me that those individuals are that are facing millions in this coun- we can do is, we will fight to fix the going to take the additional money try. wrongs of this tax bill not only for His- that they have and go to the super- While making false promises to cre- panic families, but for all Americans. market and buy milk for their chil- ate jobs and stimulate our economy, I am pleased to be here tonight on be- dren, or you are going to find people these tax cuts are targeted primarily half of the Hispanic Congressional Cau- purchasing Pampers for the babies, or at large corporations and the wealthi- cus, and I am pleased to have members they are going to run to the barber est of Americans. Those that are earn- of the Congressional Black Caucus with shop and get a haircut or go to the ing $1 million a year will see a tax cut me. beauty shop and get their hair fixed. of over $100,000. Half of all Latinos in Mr. Speaker, I yield to the gentleman Those individuals are going to put this country report having an annual from Illinois (Mr. DAVIS) and I thank money back into the economy. If we household income of under $30,000. the gentleman and the Congressional have money in the economy, it means Under the Bush tax plan, some of these Black Caucus for also participating to- that money is going to go from one wealthy individuals will see a tax night and discussing some issues that place to the next place to the next break that equals three times what confront our community. place. these families make a year. Mr. DAVIS of Illinois. Mr. Speaker, I I have always been told that money We understand that people who pay thank the gentleman not only for being in neighborhoods is pretty much like taxes deserve a break, but we have here tonight, but also for the tremen- blood to the body. If all the blood runs gone from record surpluses to sky- dous leadership you provide as chair- out of the body, you are going to die. rocketing deficits. We cannot meet our man of the Hispanic Congressional Or if too much of it is in one part of obligations to support critical health Caucus. I have been pleased and de- the body, you are going to get sick be- and education programs. And a tax cut lighted to note many evenings when I cause it is not circulating properly. So this size does not make any sense have seen you talking about not only if too much of the money goes to one whatsoever. We have chosen also not to health care, but talking about edu- segment of the population, then of pay for the war. We have chosen to put cation, talking about the needs of peo- course the economy is going to get it on the backs of not only those that ple across the board; and I have been sick. If we have a sick economy, as we are our young people out there defend- gratified that all evening we have seen do right now, somebody is going to suf- ing our country but on the backs of an array of individual Democrats take fer. It really means that all of us will their children. to the floor, and talk about this tre- suffer because we have an imbalance. We now also find that in addition to mendous tax break that we saw just be- But if we have things moving around, favoring the wealthiest of this country, fore we left to go on vacation, go to our if those at the bottom are running out the administration’s tax plan excludes districts over the Memorial Day holi- to the store to make their purchases, those who need the assistance the day. then the guy at the supermarket gets

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.139 H03PT1 H4858 CONGRESSIONAL RECORD — HOUSE June 3, 2003 the money and can go and pay down on ed to make sure that they are more se- not a theory. That is an automatic. Or a house or can get a mortgage. Now we cure. They need the resources, and we you know that children who need have got things percolating. We have have not allocated the resources in books to go to school, if they have got got things moving. I think that is real- homeland security which could create the money, that the families are going ly what we need to be doing and not jobs. We need to ensure that our bases to invest in the education of their chil- talking about this trickle-down, failed throughout the country have adequate dren. And so to me it is just a wrong- economic theory that we know does construction which allows them to be headed approach. It is an elitist ap- not work. secure. proach. It is an approach that somehow I mean, once again, coming from the The gentleman also mentioned the or another does not deal with the reali- top down and saying that we are going importance of leaving no child behind. ties of life, that is mythical, that is to get some investments, after we have As the gentleman well knows, we have kind of a now you see me, now you had three tax cuts. We have had three already left children behind. The bill don’t. It is sort of a shell game. It is a breaks, three cuts, and rather than that the President promised, he prom- sham. It is not good for the American stimulating job development, we have ised this country that his priority is economy, it is not good for the Amer- actually lost 2.7 million private sector education, is $9 billion behind his fund- ican people, and I think there is no al- jobs since President Bush took office. ing. There is a real need to concentrate ternative except to change it. That is 2.7 million private sector jobs. on those programs which would have Of course, we know that in order to So what is there that is going to allowed that money to be turned change it, we are going to have to cause one to believe that another tax around. change some of the individuals who are break is going to stimulate the econ- As we cut taxes on the Federal level, leading it. That is, we have got to put omy in such a way that we can create I know back home in Texas they are some different people in place so that those individuals will make different jobs? And so I agree with the gen- cutting taxes, too. Yet the local com- decisions. Yet we get accused of start- tleman that what we really need are munities, the local school boards, the ing class warfare. I hear people talk policies that work, policies that will local counties are having to look at about class warfare. I was studying stimulate movement. how are they going to be paying for se- something about political philosophy, I represent a congressional district curing our cities, what are they going that has lost more than 120,000 good- and I read something that a fellow, to be doing to secure our Nation. Voltaire, supposedly said. He said that paying jobs, manufacturing jobs, over I wanted to thank the gentleman for the last 20–30 years. Many of those jobs the purpose of politics as he understood making those comments. We have it was for one group of people to take went by way of NAFTA. They went by misprioritized the tax cut, and I know way of Fast Track, went to other as much money as they possibly could this administration, their whole first from another group and handle it dif- places, and now people are unemployed year was spent on the priority of a tax ferently. That is called the Voltairean wondering what it is that they can do. cut based on the false premise of a sup- philosophy. And when you take from I just do not have faith in the trickle- posed surplus that was going to con- the poor who need the most and give to down theory. It has not worked, and tinue for the next unforeseeable future. the rich, I do not know what you call will not work. I do not think there is We had it under Clinton, but under this that. I guess greed would be about the any way it is going to work, and we administration right after they came, best way to characterize it, and I think have to have a new order. we started downhill, and it has contin- that is a real problem. And the only Mr. RODRIGUEZ. Mr. Speaker, the ued. way that we stop it is to change the gentleman has done a beautiful job of way we not only see things but also to explaining our situation that we find b 2015 change the way that we do things. I ourselves in, and I want to share with It has continued. Now they come think we can do that because the Members that one of the things that we back and now they have another tax American people will see the dif- also understand in this country is that cut, and now we are hearing that they ference. There is an old saying that our infrastructure is hurting. One of might even come back next year for says, Fool me once, shame on you. Fool the good ways of stimulating the econ- another tax cut. Mr. DAVIS of Illinois. I have no me twice, shame on me. I do not think omy, and we know from the last time the American people are going to be doubt that they are going to come we passed the transportation bill that fooled to the extent that they will back. That is because there seems to be there are $300 billion to $600 billion allow the same policies and practices a feeling, or they have some notion, that are still needed for the dams that to continue because then it will be that somehow or another you can get are almost 60 years old. Our bridges are shame on us. in jeopardy, our infrastructure in this something out of a turnip other than I think the kind of leadership, country where we could not only create turnip juice. If you do not make the though, that you provide is going to jobs, but we could also invest in the right kind of investments, put people continue to help us to move away from next generation of kids instead of to work and balance things in such a that and certainly the kind of leader- handing to them the debt that we are way that everybody can benefit rather ship that the gentlewoman from Cali- creating, but also handing them the in- than these policies where the rich just fornia (Ms. PELOSI) provides is going to frastructure that is decaying. simply get richer, the poor get poorer help us move away from that. And so We had a bill that would have al- and everybody else gets squeezed; and when I see people like you and I see lowed us to invest in schools. Our that seems to be the approach. people like her in leadership displaying schools are 40–50 years old, built prior I am not an expert on economics, but the kind of energy, the kind of tenacity to the microwave, and we know that it is crazy to me. I mean, we look at all that you display, then yes, there is schools need more outlets for com- of the places where we need to make hope not only for this House but there puters. There is a need to do that, and investments. Our infrastructure. If you is also hope for America. It has been yet we have chosen not to do that. do that, people are working. And if my pleasure to join with you this There is a real need for us to look at they are working, then things are evening. how we could have turned the economy being shaken up and can be moved Mr. RODRIGUEZ. I want to thank around by creating jobs. about. If you are just waiting for some- the gentleman from Illinois (Mr. I had today a lot of contractors that thing to happen from on high and say DAVIS) for joining me here tonight. We were lobbying up here about the dif- that there are these theoretical invest- have also been joined by our leader. I ficulties that they are having with con- ments that we expect people to make know she has been working all day and struction jobs. Here was a great oppor- and they may or may not make them, just has come from a major meeting tunity to invest. Not to mention in but you know that if people have needs that she was attending tonight. I do homeland security, there is a need and are able to take care of those, you want to thank her for joining us to- where our Federal buildings, our State do not have to wonder about that. You night. We have been talking a little bit buildings, there is a need to look at know that the guy with six children about our concerns with the tax cuts. them from a national defense perspec- who needs milk is going to the super- Mr. Speaker, I yield to the gentle- tive, to build the things that are need- market if he has got money. That is woman from California.

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.142 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4859 Ms. PELOSI. Mr. Speaker, I com- age, the men and women in uniform, country that she has been a breath of mend the gentleman from Texas (Mr. our package would make sure that our fresh air to all of us. I want to person- RODRIGUEZ) as chair of the Congres- men and women in the military are not ally thank her because she indicated sional Hispanic Caucus for calling this denied tax relief just because they are we wanted to make sure that if we Special Order tonight. I am pleased to fighting in Iraq. Specifically, the bill were critical about anything, we want- join him and our colleague, the gen- would count combat pay for purposes ed to make sure we had an alternative tleman from Illinois (Mr. DAVIS), and of the child tax credit. Specifically, I and we have had an alternative every commend both of them for speaking repeat, the Democratic package would time. I want to thank her personally out for America’s children, for speak- count combat pay for the purpose of for the hard work that she has done. ing out for all of America’s children. figuring the child tax credit. Repub- b 2030 A couple of weeks ago, we experi- licans enacted a $350 billion tax bill, enced a very sad evening here in the and growing; and yet they could not Ms. PELOSI. If the gentleman will House of Representatives. The Repub- find room to make sure that our men yield further, and our alternative is lican majority insisted on foisting irre- and women in combat are able to take paid for? sponsible and reckless tax cuts on the full advantage of the child tax credit. Mr. RODRIGUEZ. That is right. Not country that were fiscally irrespon- That is downright unpatriotic. I go a only good alternatives, but alter- sible, which instead of investing in our long way before I would say that about natives that work and that are respon- children indebted them for years to any action. The Democratic provision sible. So I thank the gentlewoman for come. It was not bad enough that they will create jobs and build a strong her leadership and coming out here to- were fiscally irresponsible, meaning economy. It is the direction we should night to join us. that we would never be able to pay off have gone, and I wish that this House I want to just share with all Ameri- the trillions of dollars of indebtedness had accepted the gentleman from New cans that our leader, the gentlewoman that was incurred; but lo and behold 1 York’s proposal to have unanimous from California (Ms. PELOSI), has been week later it was revealed, after the consent to bring it up on this floor right there for us. I want to appeal to signing of the bill, that children of today and to have the debate. everyone to listen to the debate that is minimum-wage-earning parents did not Let us get back to those men and going on on the tax bill, because the get the additional child tax credit. How women in uniform again, though, and debate on the tax is a serious situation. could it be that we would say to the their children. Some of them that I vis- Whatever occurs on the tax bill deter- children of working families in our ited had left their children behind. mines what occurs on everything else. country that their parents do not make Other Members have traveled there The tax bill is about the budget. The enough money for them, the children, since the war has ended; and they have budget determines our priorities. So to deserve a tax credit? The very peo- told me of meeting some in the mili- when this administration first came ple in this body who oppose raising the tary, women, who have children 2 and 4 here in their first year, one of their minimum wage say to minimum wage years old whom they had left at home first priorities and their main priority earners, You don’t earn enough for because they were called to duty. They was the tax cut. your children to get the tax credit. answered the call and now we are say- So, as we talk about education, as we Think of the irony of that, the Catch- ing to them, Sorry, your combat pay talk about health care, as we talk 22 of that. Not only do those children does not enable you to get the tax cred- about the veterans, the reality is that not get the tax credit but also the chil- it for your children. I think it is our the number one priority was the tax dren of our men and women in uniform, patriotic duty to them, for this Con- cut. Everything else is secondary. So many of whom will not qualify for this gress to be responsible and accountable when we had, that first year, that $1.3 additional tax credit for their children. for paying our debts. It is an act of pa- trillion tax cut based on anticipated Earlier this year before the hos- triotism to be fiscally sound and to pay surpluses, then that started the down- tilities began in March, I had the occa- our debts. turn. That did not create any jobs; in sion and privilege to visit our men and So my criticism of this bill is, in the fact, it was just the opposite. women in uniform in Kuwait, in Qatar larger sense, that it is fiscally irre- This year, the same. They came at it and in Turkey. I saw firsthand their sponsible. We are on a binge of irre- with another tax cut. It seemed to be courage, their patriotism, and the sac- sponsibility and recklessness when it the only approach to any problem that rifice they were willing to make for our comes to the tax cuts. The sad part of exists out there is a tax cut. country. How do we tell them, many of it is, it is a missed opportunity, Mr. As we well know, this particular tax whom have left their jobs but do not Speaker, because if the Republicans cut is also an irresponsible tax cut be- make enough money to qualify, that wanted to have a tax cut that would cause it is coming at a time when we their children are not worthy of a tax create jobs, that would be fiscally re- are still at war, we still have not been cut, when they are risking their lives sponsible and would be fair, they could able to reach out and seek out bin for our country? The Democrats have a have. All they needed to do was look to Laden, we still have a serious situation better idea. Democrats under the lead- the Democratic package, which is just in Afghanistan, we have a critical situ- ership of the gentlewoman from Con- that, fair, fiscally sound and fast act- ation in Iraq with our soldiers out necticut (Ms. DELAURO) are offering a ing in terms of creating a minimum of there, and we still have a situation also package to help hardworking American 1 million jobs this year. They chose to that is serious in North Korea, as well families and a package that will create miss that opportunity and in doing so, as other areas. jobs. It will begin to repair the damage, I am choosing my words carefully, to So, as we begin to dialogue, instead which is a long road from the reckless insult the service of our men and of solving problems, and I feel very and irresponsible tax package put for- women in uniform by saying, It’s just strongly that I get elected to come up ward by the Republicans. Overall, the not enough for you to get the tax cred- here to solve problems, not create Rangel-Davis-DeLauro bill will provide it that other children whose parents problems, and it seems like there was a greater tax relief to the families of 19 make more money than you do are en- sincere effort at not dealing with the million children in America, families titled to. problems that confront us, but looking making the minimum wage who are Mr. Speaker, I again commend the at the situation and shifting away from struggling to make ends meet. gentleman from Texas for his leader- those situations. In addition to restoring the child tax ship. He has been a champion for Amer- For example, I still feel very strongly credit provision that Republicans ica’s working families; and for our chil- the number one and two issues in this dropped in the dark of night, the Ran- dren, he has been a champion for the country are education and health care. gel bill would make the child tax credit future. Now, because of this administration, it available to 1.7 million more families Mr. RODRIGUEZ. Mr. Speaker, I is the economy. But those two issues by providing that those earning $7,500 want to personally thank the gentle- have not been resolved. We still have a or more could get the credit. woman from California for her leader- problem with education. And now to our men and women in ship, and I want to personally share Although the administration went uniform. Under the Democratic pack- with all Americans throughout this around campaigning for the presidency

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.144 H03PT1 H4860 CONGRESSIONAL RECORD — HOUSE June 3, 2003 on education, he is going to have to tax bill is how they kept telling us, found that 6.5 million minimum-wage come back and campaign again. I am both the Republican leadership, the families with nearly 12 million children wondering what he is going to be say- President, as well as different Repub- would not receive the $400 per child in- ing, since the same bill that he signed lican colleagues, that this tax bill was crease in the child tax credit contained is $9 billion behind what he indicated going to be something that was going in the new law. Then it went on to say he was willing to shake hands on and to help the average American, that it that there are 50 million households, 60 assure that no child would be left be- was going to stimulate the economy, percent of all households in the Nation, hind. Well, it is $9 billion behind and it that it was going to put money in the who will receive no benefit from the has left a lot of kids behind. Yet their pockets of people so that they could go tax law. priority seems to be the tax cut, and out and spend money and stimulate the You understand, these are people after that we find ourselves in debt and economy, create jobs, all these wonder- that are working, these are people who in some serious problems. ful things. are paying taxes, and they are getting Let me share with you as I talk The first thing we read when we go nothing. about the debt that I have also re- home and you start picking up the pa- I will yield back, but I just want to ceived correspondence from Raul pers during the Memorial Day recess say it is not only the fact that it is un- Yzaguirre, Executive Director and CEO after we had voted against this bill, be- fair in terms of the fact that lower-infor the National Council of La Raza. In cause most of the Democrats, including come, working people are not getting his report I want to read a couple of the two of us, voted against it because any money, but it is also the fact that items on there, if I can. It is in small we really thought it was not going to the gentleman and I know that if those print, so I am going to have to put my help the economy at all or do anything people got the money, because of their glasses on. significant to create a stimulus, we financial situation being the way it is, But in his letter, one of the things read about how so many people, work- they are going to have to immediately that Raul Yzaguirre of the National ing people, people paying taxes, not spend it on food, clothing, whatever it Council of La Raza mentions is that re- people not paying taxes, people work- happens to be, because they do not garding the President’s signature on ing, were not benefiting in any way, have any extra money. What better way to stimulate the H.R. 2, the Jobs and Growth Tax Relief were not getting a dime back as a re- economy? If you are not even looking Reconciliation Act of 2003, a $350 bil- sult of this so-called tax cut bill that at it from the point of view of trying to lion tax cut package, while the admin- the Republican Party put forward and help out people who are lower income, istration was touting this measure as that passed almost exclusively along but just from the point of stimulating an economic stimulus that would cre- partisan lines. the economy, would that not be the ate jobs and benefit a majority of Now what I am getting from some of best group to give money back to, be- working families, House and Senate the Republicans is, oh, the fact that cause they would undoubtedly go out tax writers were making room for large something like 12 million children or and probably use the money to buy cuts for wealthy investors. families with those 12 million children The reality is that it is for the most something that would stimulate the would not benefit from this child tax wealthy of this country, instead of ear- economy. credit was somehow an oversight, that marking it for small business. Because Mr. RODRIGUEZ. That is what I find this was something they did not realize even if you are a strong conservative very difficult to comprehend, is if you at the time, and all of a sudden they and believe that the business commu- really want to stimulate the economy, realize it. I guess in the other body now nity needs the tax cut, then you would then you would put it in the hands of we have the chairman of the Finance zero in on small businesses. You would those individuals that would, as soon Committee saying he is going to intro- zero in on those small businesses that as they get it, spend it. There is no duce a bill. really create and help in the creation doubt that these are the type of indi- Of course, we on the Democratic side of jobs. Yet the reality is that the ma- viduals that would go out there and have introduced a bill, but we had no jority of those tax cuts did not go for buy a pair of shoes that they need, buy doubt from the very beginning that the small businesses either. additional groceries they might need, Especially let me indicate that he this was the case, because we knew that would be getting additional items also goes on to say that at the 11th that the way the bill was put together for the house. hour, congressional negotiators ex- it was primarily focused on the well-to- These are not people that are going cluded families earning between $10,500 do, on millionaires, on people who were to receive $400 and, like the wealthiest and $26,625 for claiming the child tax making a lot of money. Now, all of a and others who are going to receive a credit increases. So we continue to sudden, we see all these low-income lot more, that will just decide to keep have these difficulties. people that are not benefiting in any it there and not spend it. I am glad that I am joined here to- way. So we question this, and I think all night by a fellow colleague who works I saw this survey that was in Sun- the economists do, and I was even look- closely together on health care and has day’s New York Times, and it really ing, prior to this, even Greenspan been a leader on health care, but I pointed to two groups. I know this has talked about the fact that he did not know that he also has some concerns been mentioned many times this think it was a good idea to do this. Yet on our tax cut. evening, but I want to mention it the administration chose to go and do I thank the gentleman for joining again. There were two groups that ba- that anyway. me, and I yield to the gentleman from sically were not benefiting in any way So I think our economy is in deep New Jersey (Mr. PALLONE). from this Republican tax bill. trouble, and I do not foresee it getting Mr. PALLONE. Mr. Speaker, I want It said that not only were there the any better. In fact, I was trying to fig- to thank my colleague from Texas. I 12 million children who were left be- ure out why would they be doing that. know how hard he works on so many hind because their parents were not The only thing I can figure out, at a issues, including health care, as well as making enough, I guess they were time when we are at war, that they are all the issues affecting the Hispanic making something between $10,000 and really basically wanting to put us on a Caucus. I wanted to say again that I $20,000 a year, but there were also 8 real spot in terms of some of the pro- really appreciate the fact that the His- million other—taxpayers who would grams, and it does put us in trouble panic Caucus has been here on a reg- not receive any benefit from the tax funding the educational programs that ular basis leading these special orders cut. are needed, the health care needs of our under your stewardship, because it is I just wanted to read from this arti- constituencies and our seniors, the really important, I think, that we talk cle in the Sunday New York Times, if needs in terms of our Medicare and So- about not only how these Republican I could. These are three groups that did cial Security recipients. Because I policies impact the general public, but an analysis of it, the Citizens for Tax know that there is a real push there to also how they impact the Hispanic pop- Justice, along with the Urban-Brook- try to privatize Social Security, and I ulation. ings Tax Policy Center, affiliated with know there are investment bankers I have to say that one of the things the Urban Institute, and the Center on that are looking to get their hands into that amazes me about the Republican Budget and Policy Priorities. They that.

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.146 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4861 So that really concerns me, that mitted the over-$700 billion tax cut, the Republican leadership is going to there might be other motives involved and then they settled on that other. come here and say, now that we do not in the process. But what concerns me is that in the have any money in the Medicare trust Mr. PALLONE. If I could ask the process of having this so-called over- fund, we are going to have to start gentleman to yield further, there are sight, I am wondering how many other coming up with innovative ways of sav- so many levels on which you can point oversights we might have that we are ing dollars. out this Republican tax bill really does still not aware of. That is when they start talking not make any sense. I know that there were a lot of spe- about vouchers and telling seniors that First of all, it is the idea, as the gen- cial interests out here walking the they have to take a voucher and go out tleman said, where the gentleman sug- halls and looking at loopholes they and buy their own health insurance gested this is all deficit spending. None were looking for in terms of their own and privatizing Medicare, with the ex- of this money is there in the Treasury. special interests, so I am just con- cuse that there is not the money left in This is all deficit spending, and it is cerned about what other oversights we the future. The reason the money is borrowed from Social Security and might have for some of those special being drained is because of these tax Medicare trust funds primarily. So it interests that were roaming the halls cuts. jeopardizes our retirement and health during that time that were looking at Mr. RODRIGUEZ. Exactly. And I funds for our seniors in the future. that tax cut. think that as we look at especially In addition to that, by putting the It really bothers me, and also in a next year, which is an election year, I Federal Government further into debt, way it kind of irritates me to think can already see the administration you put an even greater drain than the that someone would stoop to that low a going out there. I would like to see economy. So there is nothing at that level not to consider these individuals what he is going to be saying, respond- level that would help the economy. that are hardworking Americans that ing to the fact that he promised our Then, as the gentleman points out, if are out there making $26,000 or less, seniors a prescription drug coverage, you are primarily giving this money but still hardworking. So would their and we still have not seen one that is a back to high-income wage earners or kids not qualify for that child credit responsive approach. people, it is not even wage earners, be- while someone else’s would? It is in- I would like to hear what he is going cause a lot is going for the stock divi- comprehensible. to be saying when he talks about the dends, people that in many cases are Mr. PALLONE. Mr. Speaker, I think quality of care in this country, when investing in the stock market. We have that Senator LINCOLN said that half the we have one of the best care systems in nothing in the bill and certainly the people in her State fell into that cat- the world; and yet it is not affordable, Republicans were not going to suggest egory. In New Jersey the average in- and it is not accessible. I can already we were going to put anything in the come is higher than that, obviously, see them blaming the debt on the econ- bill that would say those people have but there are still going to be people in omy, when in reality they have created to reinvest the money in the economy. my district that are not going to get the economy and they have created it They could easily go and invest it the credit, there is no question. with irresponsible tax cuts. abroad, for all we know. We have no Mr. RODRIGUEZ. In my district, it is Mr. PALLONE. They are already reason to believe those kinds of invest- even more than half. My median in- talking about a prescription drug plan ments by high-income individuals are come is about $22,000, so more than half that forces seniors, if they want any necessarily going to lead to any kind of of my constituency is not going to ben- kind of prescription drug plan, to go job creation. efit from that. Yet we see the data in into an HMO or some kind of private But then you get to the unfairness in terms of those that are making $1 mil- organization. It is a measly benefit terms of leaving these people out. To lion, how much of the hundreds of even if you opt to do that. The reason me it is just amazing. thousands they are going to be bene- is because they do not have the money I just wanted to say one thing, and fiting from, not to mention in terms of because of all these tax cuts. that is that in yesterday’s Washington their investments. Mr. RODRIGUEZ. The reality was Post they had the editorial many of us So this is no way in terms of stimu- that their first priority was the tax cut have read tonight that says ‘‘Children lating the economy, and this is no way their first year, and this year, and pos- Left Behind.’’ But the one thing it real- in terms of being responsible. At a time sibly next year. Their priority is the ly does is totally belie the idea that when we are at war, we ought to be tax cut. After the tax cut and after the somehow the Republicans in either paying for the war at the present time. budget is gone, there is no need to talk House or the President overlooked this We are not. Not only are we asking our about anything else, because that is with this child tax credit, because the young people to go fight the war and go the priority. It was not about solving Washington Post editorial says: defend this country, and they are ready the problems on education, solving the Stiffing these children was not a last- to do that, but we are asking them to problems of our seniors in Medicare minute oversight or the unfortunate result pay for it and getting their kids to pay and the problems we were encountering of an unreasonably tight ceiling. Adjust- for the debt in the future. That is not there, solving the difficulties of pre- ments had to be made, a spokeswoman for right, and that is not American. scription drug coverage; but it was all the House Committee on Ways and Means So we need to continue to talk about about tax cuts, which tells me that said, as if those on her side would have pre- these issues. I know that the gen- their priorities are not in terms of ferred otherwise. tleman works real hard on health care, In fact, the administration didn’t include solving problems out there, but to basi- the provision in its original proposal, the and I know the gentleman wants to cally look in terms of how they can House didn’t include it in its version and the find a solution to health care. The gen- benefit those that provided for their Senate Finance Committee didn’t include it tleman is the type of elected official campaigns, the wealthiest of this coun- in its original package. and public servant that comes out here try. to seek solutions to the problems that Mr. PALLONE. I want to thank the b 2045 confront us. gentleman for all that he did tonight. I The only reason there was something Mr. PALLONE. If the gentleman will notice that the leader joined him at in here to provide this tax credit for yield, the problem we are going to have one point, and we had a number of these people between $10,000 and $20,000 now is with the second wave of Repub- Members who did the 5-minute Special was because BLANCHE LAMBERT LIN- lican tax cuts. They are talking about Orders on this issue of the child tax COLN, a Democratic Senator, a former even more. So much is being borrowed credit. Member, former colleague here in the from the Medicare trust fund, and it is Again, it is not because we want to House, insisted that it be put in on the going to put it in such jeopardy for the beat up on our colleagues on the other Senate side; but then of course the Re- future that it is just going to be that side. This bill has already passed. But I publicans took it out. So for anybody much more difficult to provide any ex- think we have to point out the short- to say that they did not know what pansion for Medicare, like a prescrip- comings of this legislation, because it they were doing, it is purposeless. tion drug benefit, for example. is, as the gentleman says, the founda- Mr. RODRIGUEZ. They knew full I am really fearful that what we are tion for the whole Republican agenda well, because they had initially sub- going to see in the next few weeks that here in this Congress.

VerDate Jan 31 2003 05:56 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.148 H03PT1 H4862 CONGRESSIONAL RECORD — HOUSE June 3, 2003 It is going to wreak havoc, I think, plate, cutting taxes instead of putting MCINNIS) is recognized for 60 minutes not only with the economy, but with those resources with our veterans as the designee of the majority leader. any kind of effort to provide for health where they need it the most. Mr. MCINNIS. Mr. Speaker, I have care or shore up Social Security or any I also want to share that we are also been waiting now for about an hour, an of the other things that I think are so beginning to cut our nursing home care hour and a half, reading back there and important domestically for this coun- for veterans and put caps on that. We waiting for my turn, and have been try. I just want to thank the gen- continue to have problems with home- witness to this constant pounding by tleman. less veterans, which is an atrocious sit- the Democratic side of the aisle, tak- Mr. RODRIGUEZ. Mr. Speaker, I uation that we ought to be working to ing cheap shot after cheap shot about thank the gentleman for coming out solve. Instead of the tax cuts, we ought the tax cut that, by the way, some of here tonight. I want to thank the gen- to be considering that. In fact, instead the Democrats supported; but even tleman from New Jersey (Mr. PALLONE) of providing the $2 billion for health their leader came over here to take for being here with me tonight. I want care for the Iraqi people, we ought to some cheap shots on this tax bill. to also thank the leader for being here be looking at those $2 billion for our I am telling the Members, we have an tonight. veterans services. economy that needs some stimulation. Let me share a couple of statistics When veterans are out there fighting We have got to go out to the people that I have. One of the things that I and defending our country, a lot of that earn that money. The government would like to share with Members is them will suffer from post-traumatic does not earn this money. Contrary to just some data out there. The total job stress disorders. Even New Yorkers and what the Democratic leadership would loss since President Bush took office the people in the Pentagon and like us to believe, we are not automati- has risen to a staggering 2.5 million throughout this country after the ter- cally entitled to the workers’ monies private jobs, while cutting taxes for rorist attack, we really need to look at in this country. This is not a Com- the rich and not extending the unem- resources in the area of health to help munist-type of country; this is not a ployment insurance. these people cope with post-traumatic socialistic-type of country, where we The median Hispanic household, I stress disorders. take money from people and make sure will share that, being chairman of the I would attest that especially for the that no matter who works the hardest, Congressional Hispanic Caucus, will re- people at the Pentagon and the people it is of no consequence. ceive about $30 as a result of the Bush in New York, there is a real need for us It is distribution of the money that is tax cut, $30, in comparison to the oth- to reach out to them. I know that a lot of consequence in a socialistic country. ers. of them might be going through night- In other words, everybody is treated So we have some real startling sta- mares and those characteristics of absolutely equal. There is no incentive tistics that basically reflect that the what later on might be defined as post- for people to go out and work hard. reality is that this tax cut is a real ir- traumatic stress disorder. So we can- It is amazing to me that Democrat responsible tax cut when there is no not take that lightly. after Democrat has been up here at money there, when we are not paying Events such as this, and our soldiers this microphone, and of course there is down our debt. It just does not make as they encounter and get engaged in no time allowed for rebuttal until I any sense for us to be doing that. Iraq and Afghanistan and elsewhere now have the microphone. But for the I also wanted to share that at the throughout this world, they will suffer last hour and a half, Democrat after same time that we are deciding to from those engagements in a lot of dif- Democrat has stood up here and said, make the tax cut we are not being re- ferent ways. We have to be there for gee, this tax cut did not go far enough. sponsible in meeting the needs of our them, and we have not done that. We need to include this group of peo- veterans, meeting the needs of our sen- When it comes to homeland defense, ple, even though they did not pay iors in prescription drug coverage, or we could easily have put some re- taxes. We do not want to exactly call it meeting the needs of Medicare. I am sources there that would have created a welfare program, which is what it is. just going to wait and see what this and helped stimulate the economy, be- That may be appropriate under certain President says when he is coming up cause our States are hurting. We need circumstances. for reelection next year. money in homeland defense. Our first But all they want to do, they are say- Today, and I want to share with the defense is going to be those local fire- ing, well, we need to expand it to this Members, because we had an oppor- men out there throughout this coun- particular group of people. And then, tunity to hear some testimony in our try, those local policemen throughout mark my word, we may see even yet Committee on Veterans Affairs from this country, those local health care this evening or tomorrow, we will see Dr. Wilensky, who did a report. She as- providers throughout this country. I them out here talking on the floor sured, or indicated, that the reality think it is important that we provide being exactly contradictory to that, was that the present situation ‘‘is not them with the access resources they speaking in a hypothetical-type of ap- acceptable,’’ referring to our veterans need. proach saying, gosh, look at what the programs. Homeland defense also has needs, es- Republicans have done to the deficit. One of the realities with our veterans pecially the Coast Guard. We have been Look at what the Republicans have programs is that depending on where negligent in not being responsive with done to the deficit. they live throughout this country, they our Coast Guard. They need additional b 2100 might not have access to the quality resources. The INS and the Customs care that is available in other areas of people also. The fact is the Democratic Party in the country, so we have what we call One of the things terrorists would general has never seen a tax cut that disproportionate forms of care in the want to do is not only instill fear in us, they support. The Democratic Party VA. There is a real need for us to pro- but also create a problem in our econ- here as witnessed in the last hour, and vide additional resources. omy. We have to create a balance be- I am not attempting here to get up This particular report talked about tween security and trade. I represent here and engage in a partisan debate, the fact that the VA had not the Mexican border, and we have to but somebody has to stand up and prioritized and was not meeting the make sure that we continue to have speak for the other side. Somebody has needs of our veterans, because at this trade. That becomes important. got to stand up and speak for the mod- particular time our veterans, those f erates and the conservatives for the World War II veterans and Korean War middle-income families in this country veterans and our Vietnam veterans, are ECONOMIC STIMULUS AND SEN- for the people out there that are work- reaching that age where they need us. SIBLE FOREST MANAGEMENT ing. The demographics show that there is a AND LAND USE Remember when you distribute need for us to come up to the plate and The SPEAKER pro tempore (Mr. money, when this government takes be able to provide those resources. In- BURGESS). Under the Speaker’s an- money and especially when this gov- stead of doing that, we are just doing nounced policy of January 7, 2003, the ernment takes money and gives that the opposite, not coming up to the gentleman from Colorado (Mr. money to people who are not working,

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.150 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4863 that money is simply a transfer. The a group, as a team, as a United States course, they will not do because they government does not create wealth. there are certain needs we should pool have a Presidential election coming up Governments do not create wealth. All our money for and we should redis- here in 2 years. That is what the last they are is an agent of transfer. So tribute to help some of these, high- hour and a half has all been about. It when the government gives money, ways, for example, a justice depart- has been about politics. We have asked under the Democratic plan gives ment, a strong military, good schools, them put the politics aside and help us. money to people who are not working, a welfare system for those people who Let us put the jumper cables on the they are taking that money from peo- really cannot work. Unemployment, battery terminals. You know what hap- ple who are working. not unemployment that last forever, pens if we charge the battery? The Now, I know most working people, in but unemployment as a temporary, whole car will receive the benefit of fact, almost every working person I temporary assistance for people be- that charged battery because when the have every talked to, they said they tween jobs to help them get back on battery is going, the car moves as a think at certain levels it is appropriate their feet. unit. The whole car will move up the to take money from people who are The easiest way to describe to these hill. working and give it to people who are young people the difference between We have an economy that is holding not working, for example, I think, for the Democratic Party and the Repub- its own and I think is going to im- somebody who is physically and men- lican Party is an example somebody prove. I am optimistic about it. But it tally disabled to the extent that they told me once, and they said, with the seems to me listening in the last hour cannot be in the workforce. Nobody Democrats when somebody is hungry and a half that the Democratic leader- disagrees that those people should not what they do is the Democrats provide ship will do whatever they can do to receive help from society. That is what them, and I am focusing on the Demo- make sure that car or that economy society is about. That is what team cratic leadership, their idea is to give does not get moving because they want work is about. But that is not what the the hungry person fish. And whenever this economy to be sour for one reason. leadership of the Democratic Party is the hungry person is hungry, you give They want to win the Presidential elec- about. them more fish and give them more tion in a year and a half from now. They constantly want to expand the fish. Our philosophy on the Republican That is their whole purpose in this last welfare programs. They constantly side is give them some fish at first so hour and a half is Presidential politics. want to expand the government pro- It will be their whole purpose for the grams. And their response to the needs they are not hungry, but at the same rest of this session and, unfortunately, of our society is let the government time give them a fishing pole and say, for next year’s session. Do whatever handle it. When it comes to health look, you have got to help catch the you can even if it costs the American care, it is the Democratic leadership fish. You cannot just depend on us worker their jobs, even if it costs the that calls about socialized medicine. showing up and constantly giving you American society their economy. Do When it comes to the situation on the fish and giving you fish. Now, in the last hour and a half we whatever you can to obstruct George international basis, it is the Demo- have heard the Democrats one after an- W. Bush. Do whatever you can to cratic leadership that talks about a world order. It is the Democratic lead- other take cheap shots about that tax blame whatever is going wrong on ership that talks about giving up our bill. Let me tell you that tax bill was George W. Bush, because it is all about sovereignty to the United Nations. Let as a result of a lot of compromise be- politics. I go back every week to my district the United Nations determine what is tween a lot of moderate people. What in Colorado and I make it a point, I do best for the United States. you have heard from in the last hour There is clearly a distinction be- and a half is not what I would say is not go down to my district offices. I go tween the Democratic and the Repub- the mainstream of the Democratic out on the road and I go out and talk lican parties. A lot of young people Party. What you have heard from in to people, those people who, frankly, that come to me and they ask because the last hour and a half is the extreme whose money we are taking to finance they are at that point in their lives be- left. That is what we hear from on the this government. You know what they cause they want to decide, gosh, should environmental issues. That is what we want? They are sick of some of this I be a Republican or should I be a Dem- hear from on the antimilitary issues. last hour and a half of political cheap ocrat. I say, let me explain because That is what we hear from on the pro- shots. They want for you to help us there are some clear differences. And United Nations, pro-world order issues. move this economy. Whether you like the last hour and a half of listening to That is what we hear from on the anti- it or not, the President of the United the Democrats bash these tax reduc- tax cut issues. States happens to be a Republican. But tions as if the people who pay the taxes We are worried about this economy. the fact that George W. Bush is a Re- are not entitled to keep their money, We need to stimulate this economy. I publican should not stop you, based on that money is not government money. say to people, it is like a battery in a that alone, from at least trying to You can talk to the Democratic leader- car. We got a car we have to climb a work with us, from trying to help us as ship until you are blue in the face, and hill and the engine went off. We have a team move this economy forward. they never get the message. That discovered we have a dead battery. We There are a lot of people out there money did not originate on this House need to use jumper cables. The Demo- whose jobs are dependent on a good floor. That money originated with an crats, if you listen to them, they would economy. iron worker or a taxi cab worker or a put, the leadership especially, they There are a lot of people who you banker or a teacher or somebody in the would put the jumper cables on the consider rich people. And by the way, military. Those are the people that bumper. They would put them on the time after time after time in the last made that money. We did not make door handles. And what I say with all hour and a half you hear the Demo- that money here. We got the easiest due respect to my Democratic col- crats talking about the rich people. jobs in the world in government. All we leagues is it does not do us any good to You know what the leadership of the do is reach in that pocket and make get us moving to put jumper cables on Democratic Party considers the so- that decision to transfer the money the door handle. It does not do us any called rich people? That would be even here. Someone else works for the good to put jumper cables on the bump- a couple that earns 35, 40, $50,000 a money. That iron worker out there, for er. We need to put these jumper cables year. There are a lot of couples that example, makes $25 an hour maybe on on the battery terminals. work out there, and all the more power a very risky job; and the government I know that the battery is only a to them. That is our society. If you can reaches into his pocket and takes small part of the car. This tax cut is a go out and improve your life, go out money out of that pocket and redis- very focused tax cut. What we want to and do it. Yet you criticize success and tributes a portion of that money that do, and the reason we are saying to the you call rich somebody making 50 or that man or woman makes as an iron Democrats put the jumper cables on $60,000 a year. That is not rich. Making worker. the battery terminals, we are prom- 50 or $60,000 and a year you go out and Now, we have all agreed in this coun- ising the Democrats that if you do buy a car, $25,000, that is a half a year’s try that there are certain needs that as that, just go along with us, which, of salary.

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.152 H03PT1 H4864 CONGRESSIONAL RECORD — HOUSE June 3, 2003 What we are trying to do is get an want to distribute electricity. We want but we are going to vote against an in- economy that will allow these people to jump the whole car, make the whole crease so that you can have increased to continue to make that kind of car feel good, distribute it across the child credit, but by the way, if you did money, that will allow these people to whole car. The fact is we are trying to not pay any Federal income tax you reinvest this money. Do you know if target because we want everybody in may choose not to work, you do not you take a look at capital gains, take that car to benefit. We want it to move make enough, you do not pay any tax, a look at the economic history which forward. we are going to let you increase your the Democratic leadership is com- So I plead with the Democratic lead- child credit, and by the way, how pletely ignoring, intentionally, and ership, get over this, help us come to a would you increase the credit? They do completely ignoring the economic his- better solution, help us move forward. not pay any tax. They do not need the tory of capital gains because they If we have a better economy, we get credit. The Democrats include the word know every time in history without ex- better schools. If we have a better ‘‘refundable’’ so you actually send tax ception, every time in history the gov- economy, we get better jobs. If we have money to people that did not pay any ernment has reduced the capital gains a better economy, we get a better life- taxes. They make it refundable, and of taxation, the economy has received a style. If we have a better economy, we course, the only place you can get that boost, the economy has seen an uptick. get more people covered with health money is to take it from the people The last thing the Democratic lead- insurance. I mean, the pluses of a bet- that do pay the taxes. ership wants is an uptick in the econ- ter economy are tremendous. So quit Let me skip from here and jump omy because they want to beat George trying to obstruct us every step of the through some of this, but among tax W. Bush a year from now. way, simply for the fact that you want cut opponents it is a political spinning The last thing, and I say this very to defeat George W. Bush, you want to opportunity, and that is exactly what honestly, the last thing that a lot of pull his numbers down in the polls in we have seen. It is spin in its purest Democratic leadership wanted to do hopes of defeating him in a Presi- form in the last 2 hours. Let me go on was to support President Bush’s poli- dential election in a year from now. here and just say, more broadly, that cies in Iraq and in Afghanistan because That is all this last hour and a half has critics, there are lots of things it talks they are afraid that he is going to look been about, and we deserve better; the about in the bill, good things like the too good; that, in fact, he is the leader American people deserve better. $10 billion earmarked for Medicaid, the who he is and they want to beat him in There is an excellent article today, State/Federal health insurance pro- a Presidential election a year and a and I want to talk about this in regards gram for the poor. Look at the money we put in that half from now. to this economic question that has bill for the States to help the States It is amazing to me. Every night, arisen in the last hour and a half. It is try and get out of a hole that they have night after night after night we do not an editorial out of the Wall Street dug themselves into. That bill was a have some of my colleagues talking Journal. The new tax bill exempts an- good bill, and yet in a very hypo- about how we can help the economy, other 3 million-plus low-income work- critical fashion, we have people here how we can work as a team to work ers from any Federal tax liability talking about, look, the people that with the economy. All we see is night whatsoever. Exempt. The new tax bill ought to benefit from a tax cut bill are after night after night trying to attack exempts another 3 million people. the people that are not paying taxes. George W. Bush and blame him for ev- So in the last week when we voted That is the spin that is going on erything they can possibly blame him for this tax bill, we exempted an addi- for in hopes of defeating him a year around here. tional 3 million people, the very people More broadly, the critics want every- and a half from now. that some of my colleagues were talk- You know what you ought to do? We one to forget how steeply progressive ing about, what they say are the work- the Tax Code already is. These are very all win if the minority leader would ing poor or the nonworking people that come across the aisle and work with important numbers. These are facts. are not earning money. This exempts 3 These are not the kind of facts that the us. We all win when the Democratic million in addition to what we have al- minority leader wants you to hear, but leadership and the Republican leader- ready exempted from income tax, 3 these are facts. These are not made up ship work as a team. Where we do not million low-income workers from any by the Republican Conference. They win is where we have gotten a tax cut Federal tax liability whatsoever. are not put together by the Democratic we put through. It is already in place. b 2115 Conference. These are statistical facts. It is law. So get over that and try and The IRS data released last year, so So you would think that the class help us get this economy moving on they are recent, this is recent data, the warfare, the class lawyers would now the Republican side. And, frankly, to top 1 percent of the earners in this be pleased, but instead we are all now the Democratic leadership, I hate to country paid 37.4 percent of all Federal being treated to their outrage because tell you this, but a lot of your Demo- income taxes in 2000. The more impor- cratic Members happen to agree with the law does not go further and cut in- tant number here is, the top 5 percent the Republicans and that is we want come taxes for those people that do not paid 56 percent. So the top 5 percent of this economy to grow. We are tired of pay income taxes. income earners in this country pay 56 the class warfare argument. We are This is the essence of the uproar over percent of the taxes. tired of the political argument that the shape of the child care tax credit. I do not have a problem with the pro- you have continued to throw out, The tax bill the President signed last gressive tax system. I think this is which you have for the last hour and a week increases the per child Federal fine, but let us give credit where credit half. income tax to $1,000, up from the par- is due. To the minority leader, there are tially refundable $600 credit passed in The most important thing that I can members of your party who want this the 2001 tax bill. say right here, and listen to this sta- economy to improve. There are mem- Let me say to the Democrats, most tistic, the top half of all earners, of all bers of your party, to the minority of the Democrats did not support in- the people, all the earners in America, leader, who want George W. Bush to creasing the child tax care credit for the top half, the top 50 percent pay 96.1 succeed in his foreign policy. There are those people who do pay taxes. Instead, percent of the tax. We are talking people of your party, minority leader, today, the leadership appears here on about Federal income taxes, not pay- who want George W. Bush to succeed in this House floor and supports increas- roll tax, not State. We are talking his economic policies. Why? Because if ing the child tax credit for the people about Federal income taxes. The top 50 you jump the battery on the car and that do not pay taxes, but they voted percent of earners paid 96 percent of you get the battery started, the whole against the very bill a week and a half the bill. The lower 50 percent, the car benefits, the whole car moves for- ago that increased it for the people lower half, it is obviously half, but 50 wards. that do pay the taxes. So they are say- percent of the income earners in this Sure, you may feel better by putting ing, okay, thank you to the working country paid 3.9 percent of the tax. your jumper cables, minority leader, Americans out there, regardless of I am not going out there and saying, on the bumper of the car and saying we your income, thank you for working guys, we ought to shift more burden to

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.153 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4865 that lower 50 percent. That is not what did a tremendous job, and all the oth- The reason we got into this cir- I am saying, but what I am saying is, ers, as well as the Committee on the cumstance was when the country was the Democratic leadership that con- Judiciary. settled by our forefathers they needed tinues time after time to talk about We had a lot of help on that bill, but to figure out a way to get the people class warfare, it is a socialistic type of that was my bill, the McInnis and Wal- out of the comfort of their homes on approach. It is not important what den bill, and that bill recognizes the the East Coast and give them incentive your capabilities are, that is what they fact that we have got to take care of to go West. The West, frankly, was say in socialism. It does not matter our forests, but I think it is kind of a even deep into Virginia, and it was a how much money you earn because preparedness. I want to do just some challenge. what we do is redistribute it so that ev- brief remarks on what got us to this It was a lot of risk to leave the com- erybody is equal. So if the iron worker point, why our forests today have be- fort of your homes and go to the West, gets out there and has to walk on a come managed, believe it or not, man- disease, accidents, death by childbirth beam this wide and takes substantial aged by the United States Congress in- because a lot of women died in child- risk high on a building, high in the stead of being managed by what we call birth. Men typically died in their 20s of sky, and gets $25 an hour, it does not the ‘‘green hats,’’ those people, those accidents. They would fall off a cliff or matter what that person’s talent is or forest rangers, those people that get bitten by an animal or infection by that person’s skill is or the risk or the dreamed about being a forest ranger, a rusted nail. It was high-risk. danger of their job because under the those people that dreamed about work- So the government decided, how do Democratic leadership approach, this ing for the U.S. Forest Service, many we give people incentive to go to the money should be shared equally. It is a of whom grew up in the forests. West, and they decided to use the same transfer. It is called class warfare. Almost all of them are educated in tool they used in the war against the That is exactly what the spin is forest management. They all work in British. They tried to bribe the soldiers about, not because they can justify it the forest day-to-day-to-day-to-day. to defect, to leave the army of the under a democratic system. Under our They know the forest like we know the Queen and come over to the United democratic capitalistic system, you back of our hand, and yet over the last States, and we would give them an cannot justify that, but the reason you 20 years or 30 years there has been a award of private property land they can justify it and the reason they have shift, taking management away from could own, and here we knew that from hit so hard this evening is because they the U.S. Forest Service and like agen- our settlers that one of the funda- are looking ahead to next year’s Presi- cies and putting it right here on this mental foundations of this country was dential election. That is what all of House floor, to the extent that we ac- to have your own little castle, to have this spin is about, and if there is any tually have debates on this House your own little piece of property, pri- obstruction or roadblocks in the path- floor. We have in the committee that I vate property. It is a very sacred part of our government, a very sacred part way, it is being put there for one rea- chair, which oversees the Nation’s for- of this country. son, in my opinion, not because there ests, we actually have Members of that So the government decided, well, let is a legitimate dispute as to whether or that want the U.S. Congress to deter- us call it the Homestead Act and let us not the policy will work, but there is a mine what the diameter of a tree offer people, say, 160 acres or 320 acres concern, a deep concern that it will should be out in, for example, the if they go out, settle on the land and work and that the beneficiary will be White River National Forest, what size work the land for a certain period of George W. Bush; and the number one it should be, dictated out of Wash- time. Then they can keep the land and goal of the minority leader is to beat ington, D.C., off this House floor, the it is theirs. They own it. And that George W. Bush. The number one goal size of tree that our forest rangers and worked very well. You get out into the is not to improve the economy. The managers out there should be doing. fertile fields of Missouri or Kansas or number one goal is not to improve the I will explain a little history, but the even eastern Colorado or Nebraska, and number of jobs and cut down the unem- first concept we have to think about is a family that had 160 acres could sur- ployment. The number one goal is to public lands. There is a little history to vive. It made sense. It was the right spin it in a way that you can beat public lands in this country. What are number of acres to give to support that George W. Bush. public lands? Public lands are, as de- family and be enough encouragement In my discussion this evening, I scribed, lands owned by the govern- for that family to stay there, hopefully wanted to focus not on this part. I real- ment, and in the East really, relatively generation after generation after gen- ly did not come over here this evening speaking, you do not have a lot of pub- eration. to talk about the tax bill and talk lic lands owned by the Federal Govern- Then what happened is it worked about the need for a strong economy ment. You have got the Shenandoah pretty well until they hit the Rocky and the jobs out there and the oppor- and Everglades down in Florida and Mountains. When they hit the moun- tunity to let people in this country you have a little here and there, but tains, they found that in many places succeed. If you can invent a better where the real public lands are, as far you could not feed one sheep on an mousetrap, why should you be penal- as real meeting, the vast holdings of acre. You had to feed a sheep with four ized? That was not my approach until I public lands are in the West; and my acres out here. In a lot of places you heard the spin put on by the Demo- poster here to the left kinds of gives could put lots of sheep on an acre, not cratic leadership and going unrebutted you an idea. mountains. You go up much higher in for over an hour and a half. Nobody The colored spots on the map of the elevation, in fact, the mean elevation stood up to them. They went United States indicate public lands, of my district is the highest place in unrebutted time after time doing this and you can see where the big public the North American continent on an class warfare spin. lands are. They are not out here in the average. I mean, there are a lot of dif- So I had to rebut that. That is what East. In fact, a lot of States have very, ferent things when you get into the the purpose of that is, but I do want to very little public lands, but in the high mountain country, and you can- spend the remaining part of my time West, we have huge amounts of Federal not raise a family on 160 acres from a talking about our Nation’s forests, and lands, huge, hundreds of millions of farm. I think it is very important. This, of acres of Federal public land or govern- So what they decided to do was they course, goes across both party lines. ment-held land. came back and said, look, the people I can tell you that in the last 2 Here is the State of Alaska, if you are not settling in the West, and back weeks, about a week and a half ago my can see, right down here to the left. then the only way you really were able bill, the healthy forest bill, and I have Look at the State of Alaska. That is to claim the land, and our forefathers got to give a lot of credit to the gen- how much land in Alaska is owned by wanted to expand the United States, tleman from Oregon (Mr. WALDEN) for the government. So the land policies, we made things like the Louisiana Pur- his great work on this. Also to the just by the sake of ownership, are dif- chase. How do we get out there, how do chairman, the gentleman from Cali- ferent than the land policies you find we claim the land as ours? fornia (Mr. POMBO), and the gentleman out in the East where you have private Today, when you purchase land, you from Virginia (Mr. GOODLATTE), who property. get a title. You do not have to be on

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.155 H03PT1 H4866 CONGRESSIONAL RECORD — HOUSE June 3, 2003 the land. You do not have to live on D.C. So that is one element we need to What has happened is that these peo- the land. You do not have to be there 24 think about when we talk about forest ple grow up loving the forest, they go hours a day. You have title. In fact, management. to school and get educated on the for- you can live in New York City and own What else do we need to talk about est, they work in the forest every land in San Francisco. All you need is with regard to forest management? We working day, and, in fact, a lot of them a title. need to talk about where the water is go into the forest when they are not In the early days of this country, situated in the country. Here in Wash- working. A lot of them live in the for- that did not work. In the early days of ington I think we have had 28 straight est. They know that forest. They know the country, in fact, the paper did not days of rain. In the East, a lot of times what is good for that forest. They love mean a lot. What meant a lot is if you your big problem is getting rid of that forest. They care about that for- were in possession, that is where the water. Seventy-three percent of the est. But you know what has happened? saying ‘‘Possession is nine-tenths of water or moisture in this country falls In the 1970s, some of the groups, like the law,’’ that is where that originated in the East. So your problem is getting Earth First, the Sierra Club, the from; and what you needed back then rid of it. In the West, we have exactly Greenpeace-type of people, they de- is a six-shooter strapped on your side, the opposite problem; we are very arid. cided they wanted to end this concept and you needed to be plotted down Take a look at this entire section, of multiple use. right on that piece of ground. which includes the Rocky Mountains, Now, remember what I talked about, What happened is, people were not the State of California, Arizona, Ne- the tool of multiple use. They wanted settling in the West because the condi- vada, New Mexico, Utah, and Okla- to end this concept of multiple use. But tions were severe. So they went back homa. Take a look at this big chunk in they knew that every time they got in to Washington and they said, okay, red. That entire chunk, which is alan argument or a debate or a discus- now what do we do about this? How do most twice the size of what I would call sion of the issues with forest rangers, we encourage them to stay? Somebody the East, let us just call this the East, they lost. Every time. Why? Because said, let us give them a proportion of where the 73 number is, this gets 14 the Forest Service, based on their expe- amount of acres. If it takes 160 acres in percent of the water. That means that rience, based on their education, based Kansas, it takes 3,000 acres in the Colo- the forests out here in the West have a on the science would beat them. rado Rockies or Wyoming plains, different moisture content than the Greenpeace and Earth First could maybe that is what it takes, and they forests in the East. Fire is a much big- never succeed in their arguments be- decided, because they had just come ger hazard out here in the West because the Forest Service was not man- under a lot of political pressure because of the simple fact we do not get aging these forests based on emotion; cause they gave too much land to the near the moisture that the country re- they managed based on science. So railroad barons to build the railroads, ceives in the East. that would defeat the purpose of the that maybe they could not give that Now, because of the moisture in the Sierra Club and Earth First and kind of land away. East, on a lot of occasions the bigger Greenpeace from getting rid of mul- problem here is insect infestation. So tiple use. b 2130 we wanted to put a bill together that So somehow, somehow they had to So what they decided to do was to go addressed not just the problems of the shift the management of forests from ahead and keep this land in the govern- West. And by the way, very bipartisan. science to get management determined ment’s name, but allow people to use We had Democratic leadership against by emotion. Well, they knew that the it. And that is called the concept of us but we had a lot of Democrats, Main Forest Service was not going to man- multiple use. Lands of many uses. Peo- Street Democrats that live out here in age these forests based on emotion. But ple my age grew up under the concept. the rural areas. The majority of the what is the greatest body in the coun- When you went into a national forest, rural Democrats supported us strongly try that manages its business, in large there was always a sign at the entrance on this bill. So we wanted to put a bill part, by emotion? It is the United to the national forest that said, for ex- that addressed the infestation by bugs States Congress. So in the 1970s, they ample, ‘‘Welcome to the White River in the East, and of course we have a lot were very successful, and in the 1980s, National Forest, a land of many uses.’’ of that in the West as well but prob- Greenpeace and Earth First and those Now today, we have seen some fairly ably not to the extent that you do in other groups, at moving management radical environmental organizations, the East, and we wanted to address the away from the Forest Service and put- Earth First, Greenpeace, the national fire issues that we see in the West. ting management into the hands of the Sierra Club, some of these other Remember, we have two elements: United States Congress. They were groups; and their number one target is one, public lands; and, two, the water very successful over this period of time to eliminate the concept of multiple content. In the West, we have a lot of of moving the argument to emotion. use. They, in essence, want people off water problems because we do not have Now, I can tell you that when you public lands. They want agriculture off that moisture. talk about forest management, you can public lands. Now let me talk about the third ele- win the emotional argument on a 15- Out here in the West we have to use ment, and that is management of these second ad. All you need to do is park a public lands. My family, my wife’s fam- public lands. We created Federal agen- bulldozer in front of a grove of Aspen ily are fifth-generation family ranchers cies to run these lands. One of the trees and put a fawn or a deer out there on the same ranch, but they have to agencies that we created was the U.S. and say that we are destroying our for- use public lands. They have their own Forest Service. And we said to the U.S. ests, and you have won the argument. holdings, but they need public lands. Forest Service, we want you people in Because people love our forests. People These organizations want them off pub- those green uniforms and green hats to love our wildlife. I love the wildlife. I lic lands, and they take some very rad- become experts on the management of grew up in the forest. This is my kind ical approaches to push us in the West the forests. Now, the jobs in the U.S. of life. Washington is a workstation for off those lands. Forest Service do not pay a lot of me. My home is in the Colorado moun- So keep in mind that in some of money. Those people that work for our tains. So they could win on that. these States, for example in Kansas, U.S. Forest Service or any of these So what happened is, gradually over when you have a disagreement with re- land agencies, they do it because they this period of time we found the United gard to a land use policy, you go down love it. They love the land. They are States Congress managing these for- to the local courthouse and you talk so, so dedicated to their jobs. The same ests. And I would venture to say to my with the county commissioners and with the Bureau of Land Management, colleagues that not one of us on this you talk with your planning and zon- and the same with U.S. Fish and Wild- floor, I would guess not one of us on ing commission. Here, on government life. But tonight I am talking about this floor probably has a degree in for- lands, because it is under public owner- the Forest Service. These men and est management. We have degrees in ship, you end up having to come to women out there in the Forest Service political science. I am a lawyer. I have Washington, D.C. Our planning and are proud to wear that green hat and a degree in business. My background is zoning office is located in Washington, that green uniform. really more business than anything

VerDate Jan 31 2003 05:00 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.157 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4867 else. I am not a forest ranger. Even chairmen of the subcommittees, we put would try and thin out an area. For ex- though I chair the Subcommittee on together an outstanding bill. ample, they would go into an area that Forests and Forest Health, I am not a This bill allows the management of has like 600 trees to an acre and cut forest expert. our forests to go back to the Forest those trees down, different sizes, be- So what am I doing with the day-to- Service; and it allows the Forest Serv- cause different sizes are healthy for the day management of our forests when ice, for example, to start thinning. forest, different ages, different sizes, et we have very qualified men and women Right now we have killed our forests cetera. What they tried to do was to out there in the field that have been with love. We have babied them. We put some of that out there. And time educated in the area, that love their have spoiled these forests. We have after time after time they were met jobs, that do know how to manage eliminated, in the State of Colorado, with paralysis. Paralysis from litiga- those forests? And what has the result for example, because of the emotional tion and the courts and, frankly, paral- been? The result has been that last argument, we have virtually elimi- ysis by analysis with the U.S. Congress year we suffered huge bug infestations. nated all timber companies out of Col- trying to manage these forests. If you care about the old growth trees, orado. We have a couple mom and pop b 2145 if you care about the wildlife, if you shops. We have a matchstick company care about the endangered species, if down in Cortez which, I think, employs Mr. Speaker, so what my bill does is you care much about the forests, then 40 or 50 people; but we really do not it protects, it enhances and protects I will tell you something, you probably have much timber in Colorado. public input on the management of sat up in your chair last year when you So what happens to that wood? It these forests. But it says you are not saw those horrible fires and what they grows and it grows, like rabbits, and going to be able to use the courts in an did. lots and lots of rabbit, and more and abusive fashion to continue to delay This is the result of fire. This is all more rabbits. We have acres of public these projects year after year until the stuff that burned, fell to the ground land that historically we supported and beetles come and start an infestation. and washed down. Do you know what would have on a typical acre 60 trees. By the way, after they eat the dead this sits in right here? There is a boat, They now have 600 trees on those acres. trees, they move to the live trees. and right here is all this waste, this But because the U.S. Congress and be- My bill also says you are not going to forest refuge. There used to be trees; cause our society has allowed our for- accomplish your goal, Greenpeace, of there used to be wildlife. It was very est management to be taken away from kicking people off public lands by forc- fertile wildlife territory. It was abso- the Forest Service and to be given to ing paralysis by analysis by letting the lutely beautiful scenery. It was, to an politicians like myself, to the U.S. U.S. Congress manage these forests by extent, a forest that had some health Congress, these forests now are in more emotion. to it. The biggest killer of endangered danger than they have ever been in the That is why my bill passed with species in this Nation are wild fires. history of this country. strong bipartisan support. Republicans Now, we had the fire because that for- The great sequoias, those sequoias and Democrats voted for the bill. est was not allowed to be properly are at a higher risk than they have Let me show Members an example of managed. That is now sitting in the ever been in recorded history. Our wild- what happens when we allow the For- water supply. That is sitting in the life risk is higher than it has ever been est Service to do their job. This water supply. Colorado’s Hayman Fire because of wildfire and bug infestation. burned-out area, the Forest Service dumped loads of mud and soot into Our wildlife habitat is in the greatest was not allowed to go in there and Denver’s largest supply of drinking amount of danger in our history be- treat it for one reason or another, an water. cause of the fact that we are not allow- environmental injunction, lawsuit, pa- That is what one of Denver’s water ing our Forest Service to go in and ralysis by the court, or because Con- supplies looks like right now. This manage these lands. gress has tied the forest rangers up. water behind it looks like a chocolate My bill allows them to an extent, in Here they were allowed to treat the malt, and it will cost the citizens of a demonstration project of 20-some area. Denver tens of millions of dollars to million acres, it allows the Forest Do Members know where that fire clean up their water supply. So it de- Service to begin to do what they want- stopped? It stopped on a line no wider stroys wildlife, fire does, as does bug ed to do all along, and that is manage than a yard, exactly where it stopped is infestation. It destroys watersheds. It the forest with a balanced perspective where the forest was treated and the destroys the timber. I mean there is that is good for all of us; to manage treated forest met the untreated forest. nothing good about wildfires. those forests in such a way that our And the fire came up and, boom, that is Now, controlled fires are an element wildlife actually is better off, not just where it stopped. That is pretty good of helping manage a forest. So there that there is a mitigation but an im- science. are situations where fire, properly provement, an addition to the wildlife Let me give another example. This is managed, is good. But these kinds of habitat out there. down in the Four Corners, Mesa Verde fires, they were not managed. They are You know, people are not an excluded National Park, the ‘‘green table’’ they horrible. We lost 20-some firefighters species out there. In the West, we have call it down in Four Corners. Right last year fighting these very kinds of a right to live out there, and people here, this area, they were allowed to fires. Good forest management does not need to be thought of. In properly man- treat that area, the park management, mean we will avoid those fires, but it aged forests, we do not see watersheds U.S. Park Service, and they are doing a means we will mitigate them. Good for- that look like chocolate malts; we do tremendous job with our parks. They est management cannot stop lightning. not see the devastation of flooding be- were allowed to treat this area. The We will have lightning, and we will cause the forest burnt down. Our forest area they were not allowed to treat is have careless campfires. management can be improved. I am all of the burned-out area. By the way, most of these fires were very optimistic about the future, but Last year at the Mesa Verde National not started by humans, but by light- only, only if we allow my bill to go for- Park we had a horrific fire. Guess what ning. But the fact is we can control ward, which allows the Forest Service happened. The treated area was saved; those fires through good forest man- to get their hands back on the product the untreated area burned, and it agement. And the bill I drafted, as I they know best. burned so hot that it did not fertilize said earlier, with the assistance of the Now, let me show you what happens the ground, it sterilized the ground. So gentleman from Oregon (Mr. WALDEN), when we allow the Forest Service to go the possibility of new growth will not who I thank, the bill we drafted was in. And let me step back a second and be seen for generations. There will be called the Forest Health Bill; and that show you what Greenpeace and Earth grass and things, but juniper trees and bill was a long time coming. We nego- First and the Sierra Club and national pinion trees and those types of things, tiated on both sides of the aisle. We parties did, these national organiza- we are not going to see that in my life- had lots of help from some Democrats. tions, or world organizations, did when time. My grandchildren will not see it We had lots of help from some of the they took the management from the in their lifetime, probably, and yet 2 Republicans. We put together, with the Forest Service. The Forest Service years ago, we had it. We had it to pass

VerDate Jan 31 2003 05:06 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.159 H03PT1 H4868 CONGRESSIONAL RECORD — HOUSE June 3, 2003 on to other generations. This area was sheds, protecting urban interface. This ico. All of these things make living in there; it would not take 200 years to re- is about letting the Forest Service the area very, very difficult. place it. Those 300-year-old trees were manage forest property. All of us, all of Of course the land has always been there, but we were not allowed to go in us win. Do you know how big winners unforgiving. The environment has al- and treat them. What happened, we all of us would have been if we would ways been harsh, but only in the recent lost it all. We lost all of the untreated have allowed the Park Service to go 5 or 10 years has the proximity to Mex- area. ahead and treat this area? ico become also very problematic in So, in conclusion, let me add one Tell me one loser by not protecting terms of trying to run a business, try- other thing about my bill. This is an this area. Had we protected this area, I ing to actually just live your life. urban area. Take a look at this poster. do not care if you are a member of Because they have had so many prob- This does not just apply to those who Greenpeace or the other radical organi- lems in this regard, and because so few live out in the country, out in the zations, Earth First and so on, you people have paid attention to these sticks, some might say. It does not would have benefited had we been able problems, I have decided that one way apply to just us, this applies to those to preserve these 300–500-year-old pin- to bring their plight to the attention of in communities. This is bugs that ion trees for many generations. They the Nation is to create this thing we killed these trees. Go down I–70 in Col- will not be replaced for 300 years, and call the ‘‘homeland heroes’’ and every orado by Vail, there is beetle kill all it is because of the fact that we took once in awhile to come up here with along the highway. Once a beetle lands management away from the people who another person that we are trying to on a tree, it is like malignant cancer. know what to do with it; and we have induct into that ‘‘hall of heroes.’’ It is gone. It is over. consolidated it in the radical environ- Tonight it is Ruth Evelyn Cowan. Do you think the Sierra Club or mental organizations and, frankly, in Ruth Cowan is a fourth generation Greenpeace or Earth First would co- the halls of the United States Con- rancher who has been forced to move operate one iota for us to go out there gress. off of her land because of the dangers and get ahold of this and manage these I hope that the Senate sees what we posed by hundreds of thousands of ille- forests? It does not happen. My bill saw in that bill, that is, the Senate, as gal aliens who cross her land every talks about urban interface and water- we did, on a bipartisan basis passes the month and every year. Ruth Cowan and sheds and bug infestation. My bill talks Healthy Forest Initiative. That is my her husband own 16,000 acres of ranch- about wildlife habitat. bill. I know about it. I had lots of land located 45 miles from the Arizona- My bill protects public input, and Democratic support. I had Democratic Mexico border north of Douglas, Ari- says, let us manage our forests. They cosponsors. This is not a Republican zona. They have about 400 head of cat- are a diamond, a wonderful asset of the bill being shoved down somebody’s tle. people of this country. Those public throat or a Democratic bill being Like many ranchers in the area, lands should be protected, but we do shoved down somebody’s throat. This is Ruth Cowan and her husband must not protect them by ignoring them, a team effort to manage those forests, work two jobs to make ends meet be- any more than you protect your child and I hope the Senate sees as we did cause the cost of operating a ranch by not managing your child. Some peo- and passes that legislation before the often exceeds the income. Her husband ple might say, give your child whatever fire season and the bug season gets too works 130 miles away in Phoenix dur- they want, spoil them, do not dis- much further down the road. ing the week. It is not safe for Ruth to cipline them, do not manage them, do f live on her own ranch in her own home. not reach any kind of balance, what She is very isolated. She has to live in IMMIGRATION POLICY AND time they have to come in at night. Tombstone and drive to the ranch daily IMMIGRATION REFORM What product do you get? Usually a to supervise the operations. pretty rotten person as a result of that The SPEAKER pro tempore (Mr. Each day she drives to the ranch, she kind of management. BURGESS). Under the Speaker’s an- must carry not only her cell phone, a We are saying we can reach a bal- nounced policy of January 7, 2003, the two-way radio, a camera, marking tape ance. Let the Forest Service, let the gentleman from Colorado (Mr. and a flashlight, she always carries a parks, let the BLM do what they are TANCREDO) is recognized for 60 minutes. pistol for self-protection. best at doing. Congress does not need Mr. TANCREDO. Mr. Speaker, I want To some liberal church groups in the to manage day to day these public to address the House tonight on an Tucson area, this makes her a vigi- lands. Of course, we have oversight on issue that I try often to bring to the at- lante. It also would make her a vigi- public policy, but we should not be tention of my colleagues and the Na- lante to some of the more liberal publi- having the courts run those forests, tion, and that is immigration and im- cations that emanate out of the East and we should not let the United migration reform, and I want tonight Coast, publications that employ writ- States Congress run the forests. We to induct another member into the fa- ers to talk about this issue, writers should let the forest rangers, the BLM mous ‘‘hall of homeland heroes.’’ This who have never set foot in the desert, agents, the range riders, let them man- is an exercise that I have gone through do not have the slightest idea what it age those assets for us. several times, and we have identified is like to live in this area and yet take We are so narrow-minded on some of quite a number of people who have ex- great pleasure in characterizing people these things, and we have been per- perienced things that should come to like Ms. Cowan and others who do have suaded through emotion, not through the attention of this body and the Na- to face the trauma of life in this area, science, but through emotion to change tion, because these folks and what has and characterize them as vigilantes. these management techniques, and happened to them really and truly are She carries a gun for self-protection have we ever paid the price. This was a extraordinary events and they are ex- on her own land. This does not make very expensive lesson last year with all traordinary activities with which they her a vigilante, it makes her a victim of those fires, and those many fire have been involved in trying essen- of failed immigration policy and open fighters’ lives we lost. tially to keep their own land, raise borders. Three years ago she had to It is a very expensive lesson not to their family, and do what every Amer- take a leave of absence from her job as cut down a tree with beetles in it and ican has a right to do, but they do so a flight attendant because the ranch stop the infestation. We talk about it, under very severe circumstances. requires her round-the-clock attention. and in the first paragraph of a They do so in an area of the country This additional demand on her time is Greenpeace press release or an Earth that is very harsh, very challenging, due almost entirely to the costs and First or Sierra Club, they always talk and very unforgiving. The geography of other problems imposed by the flow of about clear-cutting and timber compa- the land, the climate of the land is in illegal aliens across the land. nies. They figure out every negative every way, shape and form severe. It is word they can to stop us from man- the southern deserts of the United b 2200 aging it. States. It is the area in and around Among the additional costs thereby This is not about timber, this is Cochise County, Arizona, and it is the imposed on her family has been the about preserving wildlife and water- area adjacent to our border with Mex- purchase of COBRA insurance at over

VerDate Jan 31 2003 05:06 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.161 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4869 $400 a month. Her ranch business has periled by all of these problems. Ruth sive immigration on low-wage, low- been hurt financially by the flow of il- Cowan has been forced off the local skilled workers, how many of them are legal aliens across the land, a flow of roads many times by overloaded trucks negatively impacted by the flow of ille- people and illegal drugs that have in- running at high speeds. Unfortunately, gal aliens into this country. But we creased dramatically since she and her when these speeders cause real acci- will save that for a later time this husband first purchased the family dents and hurt innocent people, they evening. business in 1996. Her ranch has three do not have insurance and flee into Ruth Evelyn Cowan is a law-abiding different south-to-north routes used by Mexico before they can be prosecuted. citizen and a fourth-generation rancher illegal aliens. Her trucks have been We are going to talk a lot more about who only wants to live on her own stolen and vandalized leading to both that kind of a phenomenon later on land, manage a business for the benefit direct losses and increased insurance this evening. of American consumers, and enjoy life costs. She has lost many animals to It is often alleged that critics of the with her husband in a safe community. the illegal aliens, including a $2,400 open border policy are simply bigots, She would like to be able to spend a registered bull that died from eating a that they do not want Mexican workers weekend with her husband and not plastic bag. Another bull was hit by a in the country or as new citizens. This have to stand watch over the trails hit-and-run driver and had his leg bro- is hogwash, and the experience of the used by illegal trespassers. She would ken and had to be destroyed. Cowan family shows why it is hogwash. like to have the first activity of each You say, eating a plastic bag? The Ruth Cowan has two employees who new day not be the repair of broken or fact is that the area around there has are Mexican nationals and work on the trampled fences and other damage been so inundated by illegal aliens car- ranch with legal work papers. They caused by uninvited intruders. rying their supplies and then depos- live in Agua Prieta, Sonora and drive She would like to sleep through the iting their trash throughout the land to her ranch about 50 miles every sin- night without someone calling on the that in many areas it looks similar to gle day. Ruth Cowan has been trying phone to tell her to come and get her a huge trash dump. It looks like a mu- for 5 years to get immigration approval cattle off of the highway. She would nicipal trash dump. This is the middle for the wife of one of the employees to like to be able to invite friends to her of, as I say, a very pristine area; but come and join her husband. The em- ranch without worrying about the piles of trash visible all across the range- you will come across these areas, 50, ployee could then live on the ranch and land. She would like to be able to ride 100 acres at a time. They are called not have to commute 50 miles in each her horse on her own land without a pickup sites where these folks will direction daily. These legal Mexican bodyguard. She would like to be able to meet, they walk into the country ille- workers are equally indignant about host groups of students who want to the problems affecting the Cowan gally, they meet at these sites, pre- learn about the ranching business arranged where they are going to be ranch because they see the problems without having to apologize for the picked up by trucks that bring them firsthand and know that it affects their dangers and the rash of diseases and into the interior of the United States, own lives as well. One of the employees crimes afflicting the region. In short, trucks similar to those that were iden- had his own truck stolen by illegal Ruth Evelyn Cowan wants to be able to tified recently in Victorville, Texas, in trespassers. live the kind of life that she would be which several illegal aliens died trag- This is something else that really de- able to live if we had a secure border ically. But from these pickup sites, serves the attention of the body and, and adequate enforcement of our immi- then, trash is distributed throughout again, the attention of the people back gration laws. the area. The wind, of course, takes it; here who either write or opine about I speak of Ruth Cowan’s problems and we have a definite problem with the problems that we face in the and fears not only out of sympathy for the kind of pollution that that causes, United States and in the western her and her family and not only as an and then not only that, of course, cat- United States with illegal immigra- example of what is happening to thou- tle eat the plastic, the trash bags and tion. What they do not understand is sands of ranchers across the South- whatever, and they eventually die be- that it is not Anglo-Americans that are west. I speak of these problems because cause it will not digest and it will kill imperiled by this. It is not a race issue they are problems that are growing all them. This happens time and time whatsoever. Every time I do this, that across our Nation and problems we again. This was certainly not unique. I come to the floor and I talk about cope with very inadequately and unsuc- But again, explain this kind of thing this issue, I will go back and there will cessfully with the impact of massive il- to someone living in Washington, D.C., be a lot of e-mails, a lot of calls on our legal immigration. If we do not address writing for The Washington Post or line. Most of them are quite sup- these issues now, these problems will some of these other e-mail magazines, portive, and many of them, a high per- continue to grow and multiply not only online magazines. They have not the centage of them are from people who in the States on our southern border. foggiest idea of what we are talking suffer these kinds of problems, people The problems will multiply in Omaha; about and what these people have to of Hispanic descent who say to me, Portland; Fort Collins, Colorado; Chi- deal with all of the time. what you are doing is right, what you cago; and Spartanburg. Because of the broken fences, cows are saying is right, we have come here I commend to you this life, this indi- wander onto highways and cause acci- legally, we are trying to work through vidual, Ruth Cowan and her family; dents. A nurse hit a cow recently and the process, we are trying to live a life and I suggest that we owe them a great threatened to sue the Cowan family for in the United States, build a life here. deal. We owe them at least the protec- negligence. Unfortunately, the illegal We live by the rules and by the laws. tion that every citizen in this Nation trespassers who cut the fence were not And they resent it that other people has the right to expect from their gov- available to answer the court summons get to sort of jump in front of the line, ernment. The Constitution of this or to pay damages. Cut and downed in front of them, that other people United States gives the Federal Gov- fences make it very difficult to main- take advantage of our lax immigration ernment relatively few true respon- tain a special breeding program for the law, lax immigration enforcement, in sibilities. We usurp many. We take cattle. Herds mix and become fact nonimmigration law enforcement. many responsibilities here that have mongrelized and are more susceptible They resent it. And they have every absolutely nothing to do with the Fed- to diseases from neighboring herds. right to resent it. And they are His- eral role in our constitutional govern- This means that the market value of panic Americans and they are black ment. We can have debates over wheth- their cattle diminishes. Thus the Americans and they are white Ameri- er or not we should have a U.S. Depart- Cowan family suffers real economic cans and they are brown Americans ment of Education even though the loss as a result of these cut fences. Re- and pink and blue and every color word ‘‘education’’ does not even appear pair costs for gates and fences and bro- Americans, but they are just as angry in the Constitution anywhere. We can ken waterlines have skyrocketed. The about this as anyone else; and they argue about whether the role of the De- real estate market for ranches south of have every right to be angry about it. partment of Health and Human Serv- Interstate 10 has plummeted because Another thing we will talk about this ices is relevant and important and a no one wants to purchase a place im- evening later on is the impact of mas- Federal issue.

VerDate Jan 31 2003 05:06 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.163 H03PT1 H4870 CONGRESSIONAL RECORD — HOUSE June 3, 2003 We can argue all of these things, and are doing that, these cities and States noise that we are making about this, I think there is logic to the argument and police departments that are doing little things seem to be changing. that we have usurped many of these re- that are aiding and abetting criminal I want to say how happy I am about sponsibilities from the States. But one activity in the United States. the fact that some different people are thing about which there is no argu- Yes, I said aiding and abetting crimi- in place in the Border Patrol in that ment is the fact that the Federal Gov- nal activity. That is what even police area, in the administration of the Bor- ernment owes the people of this coun- departments are doing when they ac- der Patrol. I understand that some new try the right to think, anyway, and be- cept these cards. If a police officer is folks are on hand down there and may lieve that it will try its best to protect shown a card, a matricula consular, be looking at this whole issue dif- and defend their lives and their prop- they should immediately arrest that ferently and be willing perhaps to help erty. That is a Federal role. That is individual, because that is prima facie the Cowans and all the other ranchers something the States cannot handle. evidence that that person is here ille- in Cochise County begin to control this They cannot raise armies and they can- gally. Because you do not need the card problem. I hope that is true. not develop immigration policies. At if you are here legally. If you come I understand that the sheriff in least they should not. That is another into this country legally, you have Cochise County has become a little issue again for perhaps a little bit later something called a green card, or a more amenable to the concerns of the time. visa, or a stamp on your passport, or people down there. I am very happy to There are, of course, States and lo- something the United States Govern- hear that. I am encouraged by the fact calities throughout the United States ment has given you. You do not rely on that little things may be happening for that are succumbing to the siren song another country’s identification card, the people in Cochise County because being played to them by the Mexican especially in a time like this, espe- we have made a lot of noise about it. consul in their area. The Mexican con- cially when we recognize that porous But it is not enough. It is not sul and consulates throughout the borders mean a danger to the actual enough, because the plight of the peo- United States, all 47 of them, have been existence of the United States. But ple in Cochise County, Arizona, is the charged with the responsibility by the here we are allowing cities to do this, plight of literally millions of Ameri- government of Mexico to go out and allowing States to do this, and even cans, and will be the plight of the en- lobby State and local governments to having the Federal Government actu- tire Nation if this phenomenon of mas- get them to accept anyone who is here, ally anticipate doing this, with the De- sive immigration into the country, un- to accept the matricula consular. This partment of Treasury issuing regula- checked, unrecognized immigration, il- is a Mexican ID card given to Mexican tions not too long ago saying that legal immigration into this country, nationals living in the United States banks could do this, could accept a goes without our attention. and, of course, given to Mexican na- card from people so they could open During the break, during the last tionals living here illegally. In fact, bank accounts. week when we were off, the Memorial the only purpose these cards serve is to I understand the motivation of the Day break, I got a call from someone provide some sort of identification to bank. I know what they are wanting to who was telling me about a situation someone who is living here illegally or do this for. It is called money. It is that had occurred in a little town in to a felon who is trying to change his called the dollar sign. It is called the Colorado, so I can bring this a lot clos- identification. bottom line, right? They are a business er to home. I am, of course, a Rep- So for in the last several months, 1.5 and you can excuse it, you can ration- resentative from the Sixth Congres- million of these cards have been dis- alize their behavior. They are simply sional District of Colorado, which is tributed in the United States and the being greedy and doing exactly what the southern suburbs of Denver really. Mexican consulates are handing them they should be doing, I guess, as greedy There is a town in northeastern Colo- out every day. They send out vans, as huge corporations trying to improve rado called Yuma. I got a call from a matter of fact, to pass out these their bottom line. They see this group someone who was saying, Do you know cards. Then they go to the cities and of what they call the unbanked, 13 mil- what is happening in this little tiny States and get them to accept the lion people living here illegally and not town of Yuma, Colorado, a town I know cards that are given out to these illegal being able to get fees from them, that well and have been through many aliens. And many States, many local- makes these bankers, the Wells Fargo times. They said in the last, really just ities are doing it. California is in the board of directors salivate thinking, year-and-a-half, 2 years, the whole midst of a discussion in the State legis- my goodness, think of all those people town is suffering through a really sig- lature that would actually have the from whom we could collect fees and nificant and traumatic time. State accept the matricula consular how we could get all that money they They went on to explain that because from illegal aliens for the provision of make, what little it is does not matter. of something that occurred, again, just services. Multiplied by 13 million, that could be not more than a couple or 2 or 3 years That is running a different immigra- a lot of money. The unbanked, that is ago, when a couple of families of illegal tion system. How many immigration what they call them. immigrants moved into the area, systems are we supposed to have in the There is another word, it is illegal moved into the town from a particular United States? The one the Federal aliens; and you are aiding and abetting village in Chihuahua, Mexico, and Government runs and the one that the a criminal activity. It is against the found employment there. They then State of California or the city of Den- law to aid and abet someone who is called their family and relatives in this ver and the city of Tucson run along here illegally. That is against the law. small town where the unemployment with the Mexican consul? These are all It is against Federal law. Yet all of the rate was like 80 percent and said, Look, different immigration policies. But it things I am describing are things that we found a job in Yuma, Colorado, and is a uniquely Federal role. To a certain government agencies are doing. That is we can get you on here. There is a big extent, the Federal Government has how bizarre this whole immigration dairy farm, there are several various abdicated that role, so States and lo- policy has become. cattle feeding operations there, several calities, in a way, they are saying, pig farms, and there was work. They okay, if you don’t want to handle it, I b 2215 could get paid under the table. Every- guess we will. But they are not pro- So the Cowans and others look to the body was pretty accommodating. They tecting the Cowans. They are pro- Federal Government for help. They get could get paid. It was probably less tecting illegal aliens. All these cities none. They look to their State for help. than would be the going rate other- and States that are anticipating this They get none. wise, but after all, they were here ille- acceptance of the matricula consular, Recently, because of the pressure gally, so they were willing to accept a this Mexican ID card and ID cards that that has been applied as a result of lower wage and more difficult condi- are now being handed out by at least these weekly stories that we bring to tions. five other governments, foreign gov- the attention of the body, it is sug- So, other people came from this vil- ernments to their illegal nationals liv- gested that because of the pressure lage in Chihuahua, Mexico, to Yuma, ing in the United States, people who that has developed as a result of this Colorado. Over time, more came, 20, 30,

VerDate Jan 31 2003 05:06 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.164 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4871 40, 50, 100, and now this group of illegal in Yuma, Colorado, is not unique. In wages are so low they usually are able aliens makes up a significant chunk of fact, Yuma is a microcosm of this phe- to claim the Earned Income Tax Cred- the town. About one-third of the school nomenon. It is happening in small it. district, the population of the school towns all over the United States of I will never forget, we came through district, are children of illegal aliens America. But do you know what? No- one of these pick-up sites I was telling living in Yuma, Colorado. body wants to talk about it. You did you about earlier in the desert in Ari- Well, what does that mean? For them not hear this. zona, and there on the ground there it may be a better life. It may be better I have certainly not seen any ref- was a tax form. Among all this trash than that small village in Chihuahua. erence to this in the local media. Our strewn all over the desert floor, there Nobody can argue that. But what does two major dailies did big stories, or one was a tax form, a claim for the Earned it mean for the people in Yuma? at least did a big series of stories sup- Income Tax Credit for a gentleman who Well, let us see. It means higher costs posedly about the problems of illegal had been in this area, dropped it or had for infrastructure activities, highways immigration or immigration into Colo- thrown away this form, and claimed he and police activities and schools. There rado. I do not remember any discussion had made about $8,000 or $9,000. He had is a bond issue that is being considered of Yuma, Colorado, or the problems paid, I think it was less than $100 in for Yuma, Colorado, and they are con- that exist in that small town, or any of taxes, because he had several children, cerned about whether this bond issue the other small towns in Colorado and claimed $3,700 in Earned Income will pass, because they recognize that a where this is happening. Tax Credit. lot of people in Yuma think that the The picture that is portrayed by So even when people ‘‘pay taxes,’’ reason why the bond issue is being put most of the media of illegal immigra- people who are here illegally, the fact is they can and do oftentimes get forward is because they are going to tion, certainly the media out here and money back. In 1994, right before we have to pay for the additional costs in- the media in my area, that picture is passed the 1996 act, in 1994 a Demo- curred by the school district because of one of this idealistic sort of situation cratic Treasury Secretary, Lloyd Bent- all of these children of illegal aliens in where you have got a family come in, sen, was talking about this, and he said they are hard-working, the kids are in the schools, over 280 children. he believed there were hundreds of I went up there. I drove up to Yuma school, kids are going to school in the thousands of illegal aliens taking ad- to see this myself and to talk with the United States. They are saying what vantage of the Earned Income Tax school superintendent, who agreed to they want, they simply want to go to Credit. meet with me, a very interesting and college for in-State tuition, and how I do not know what the numbers are pleasant fellow who had been around bad we are, how selfish we are, that today, but I believe they are still very, the business for a long time. He was maybe a State does not want to pro- very high. These are costs to our soci- telling me, among other things, that vide subsidized education, the tax- ety. the highest single budget item that payers of a State, higher education for There is another cost that no one they have is English as a second lan- people who are here illegally. How in- wants to talk about. It is the cost to guage now, $280,000, which is higher, he credible. That is the portrait that is other low-skilled, low-wage workers in said, than what they spend for English painted by the media of the typical the United States who are here legally, language education, history, science, family. who are citizens of the country, or who any other program in the school dis- Well, that is a true picture of many are here as legal aliens, have legal trict. This is, again, this little tiny people who are here illegally, but it is alien status. Their wages are signifi- school district. not the only picture. And what about cantly depressed by the numbers of He said, sure there are problems. You the lives that are affected negatively people coming in here, into the United go into the cafeteria at any given time, by that family? What about the costs States, and taking these other jobs, you are going to see the Hispanic kids to the society, financial, and in terms these low-skilled, low-wage jobs. sitting over here and the Anglo kids of tearing communities apart; what To employers, this is great. There are sitting over here. Because of the lan- about those costs? When are they cal- employers at Tysons Food, some of the guage problems, he said, we have had a culated? How are they calculated? executives at Tysons Food, a huge cor- significant decline in our test scores. I have seldom seen anybody want to poration, of course, a huge food cor- They have plummeted. Naturally, they publish a study. The many studies that poration in Arkansas, some of these are going to suffer in that way. have been done, Professor Huddle, guys may be going to jail soon. Charges The rest of the community and the there have been many, many studies have been brought against them by the town are calling up and saying, What is that have been done that identify the Federal Government, RICO charges happening here? Our town, our kids negative aspects of massive immigra- have been brought against them, be- and this school district have always tion of low-skilled, low-wage people. cause not only did they hire illegal done so well, our scores have been so A professor by the name of Virginia aliens in their food factories, but they good. How come our district is not Abernathy comes to mind at Vander- imported them. According to the doing as well anymore? And a lot of bilt University. Her portrayal of this charges that have been brought, they kids are moving to a little school dis- can be characterized in a way that is il- are actually helping the importation of trict called Lone Star, Colorado. lustrative of the problem. She says people into the plant, importation of Fights, they are having all these massive immigration of low-skilled, people to come in here illegally. Again, problems in the school and having low-wage people into the United States not just aiding and abetting, but in problems in the town. And yet, as I does create profits for some, it is true, this case actually participating in the talked to him, I said, you know, does profits for the employers of those peo- act of bringing in illegal immigrants anybody not talk about this? Does any- ple, but it creates costs for the many. into the United States. body not bring this to light? It creates costs for schools, for high- b 2230 He said, No one wants to talk about ways, for housing, for social services So there are many people in this this problem. He said, Everyone in this and for health care; costs that are far country who are harmed by the pres- town knows it is a problem, but nobody higher than any of the tax revenues ence of so many illegal immigrants in wants to talk about it. He said, You that are gleaned from the people who this country. Their plight is hardly might go over to the coffee shop and sit are working here. ever discussed by the media. We hardly down, and you can really get to know First of all, they are working for ever see that. We would never have somebody, and they might begin to dis- very low wages. Many of them are heard of Ms. Cowan had I not brought cuss it. But generally speaking, they working, like many of the folks out in her to your attention tonight. do not want to talk about it. They are the Yuma area, they are working and There are millions of people in this fearful of talking about it. But every- being paid under the table, in cash, no country who have been harmed because body knows it is happening, and it is a taxes being collected. Even when taxes of our lax border policies. I am going to huge problem for this little tiny town. are collected, when illegal aliens ob- host, I and a number of other organiza- Now, here is the other part of the tain Social Security numbers, file in- tions will be hosting the week of Sep- story. It is not unique. This situation come tax statements, because their tember 11, that week we will be hosting

VerDate Jan 31 2003 05:06 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.165 H03PT1 H4872 CONGRESSIONAL RECORD — HOUSE June 3, 2003 an event here in Washington. It is gration, legal immigration, we would migration. If we put a halt to that, called the Day of Remembrance for still have the most liberal immigration there would be less hospital charges to Victims of Open Borders and Illegal policy of almost any country in the Medicaid that our States and that the Immigration. world. Federal Government would have to We are encouraging, Mr. Speaker, ev- So they can come into this country match; there would be fewer demands eryone who has had a problem, everyone of two ways legally, if we have a on our social service system; fewer de- one who has been in fact victimized be- guest worker program or through im- mands on our food stamp system; fewer cause of our open border policies and migration; but they cannot be the demands on an array of other services. by illegal immigrants to come here and same thing. People cannot come in Also, we would not have to deal with tell their story, identify themselves to here and expect to become a citizen the situations that occurred a few their congressional representatives, to through this guest worker program. weeks ago with the tragedy of 18 or 19 their House Members and to the Senate Also, we cannot possibly have a guest persons dying in an overheated, piled- Members that represent their State. worker program, which is being pro- up trailer. We could save money in this Tell them what has happened to posed by other Members of this body, country and have less of a deficit if we them; tell them about their loved ones we cannot have a guest worker pro- could halt illegal immigration. who have been killed, killed by people gram unless we have secure borders. But my reason for being here to- who came into this country illegally Because no matter what we say or no night, and I want to thank the gen- and were later able to escape back into matter how we define a guest worker, tleman from Colorado for yielding to Mexico and therefore, because they someone will choose not to come that me, I wanted to relate an example of refuse to extradite people to the United way and come through the porous bor- how our policies with the United States who may face the death penalty, ders, so we have accomplished abso- States Treasury Department, coupled they are still in Mexico living life down lutely nothing. So the borders have to with the views of the Mexican Govern- there. be secure before any guest worker pro- ment, cost us the United States tax- There are literally thousands, actu- gram can be initiated, secure borders. payers’ funds. ally hundreds of thousands of people Yes, we can have it. Yes, it can hap- There was a gentleman from Mexico who fall into this category. It is not pen. It is the only way to have a guest named Mr. Gamez. He came to my of- just people who have been harmed worker program. We can have one if all fice four times trying to find out where physically or have had members of of these jobs that, as I say, Americans the Mexican identification cards were their family harmed physically, of will not take are really out there. for his sister, for his mother, and for which there are many; and we can go That is the other thing, you have to his father. He had a green card and he through some of them a little bit later. prove that you have tried to give that was legally in the country, a very nice But it is also, you know, when one has job to an American citizen and that person. been displaced, when one has been dis- you cannot find anybody, and you can- I had the opportunity to talk with placed by a foreign worker who comes not pay somebody less because they are him about why he so critically needed into this country, takes the job that coming in here through a guest worker these Mexican identification cards you had because someone is going to program. So their rights can be pro- right away. This was in April, at the pay them a little less money for it, pay tected and American citizens’ rights time that taxes were due. He was fill- the illegal worker less money, and you can be protected, but only if the border ing out his income tax returns. He are displaced. That is a distinct dis- is secure. That is the only way a pro- needed these cards so that he could advantage at which you are placed. It gram like that will work. send them to the United States Treas- is a harm to you and to your family When we suggest this to many of my ury in an application process for an in- that has been done because of our poli- colleagues, Mr. Speaker, who are in dividual taxpayer identification num- cies. fact pushing these ideas, they do not ber. They have a little form you fill There can be a legal process in which want to talk about secure borders, or out, a blank for the type of identifica- people can come into this country and they want to use it as a platitude. They tion. This says country/State of the work if we truly need workers. I hear say, yes, we have it. We will increase issuing ID, the ID number, the expira- this all the time, that the reason why the number of Border Patrol. Of course, tion date. we have people come into this country that is not securing the border. We He wanted the Mexican ID cards to and do this work illegally is because have to militarize the border on both get him a U.S. taxpayer identification there are all these jobs American work- the northern and southern borders, as number. He lived in the United States; ers will not do. my friend and colleague who has joined but his father lived in Mexico, his If there are these jobs, and there may me here tonight has told this body on mother lived in Mexico, and his sister very well be, and there are certain in- more than one occasion. We need to be lived in Mexico. dustries where I recognize there is a able to use the military to augment He said, I do not have any children, need, then a legal process has to be de- the Border Patrol, the Customs Serv- but I am helping my mother, I am help- veloped in order to bring people in to ice, Forest Service personnel, until we ing my father, and I am helping my sis- get work and so that their rights can can actually gain control of our own ter. He wanted to get the taxpayer, the be protected, so they can be protected borders. U.S. taxpayer identification number against the abuses of unscrupulous em- For that discussion or whatever using the Mexican ID number so he ployers, so people coming in here do point he would like to make, I will could claim them as dependents. not have to sell their souls to the yield to my friend, the gentleman from I said, well the way I look at that is coyotes, do not have to be locked into Virginia (Mr. GOODE), and ask him to what you are doing, you are taking the back of tractor-trailers. join us and give us his comments. money out of the United States at the They can actually come into the Mr. GOODE. Mr. Speaker, I want to expense of the taxpayers, because I United States in a legal process, but thank the gentleman from Colorado have heard a number of workers in my they must return home. That is a guest (Mr. TANCREDO) for his persistence on area complain that those with green worker, a person who works here a the illegal immigration issue. He has cards have a much bigger check than while, returns to the country of origin, brought his message to this body and those who are natives of the United cannot bring family into this country, to outside this body. Without his lead- States of America and have dependents cannot establish residence, permanent ership, I do not think as many in this that live in their homes, if they have residence, and cannot eventually be- country would be aware of the huge them, and we can readily ascertain how come a citizen through that process, cost that illegal immigration places on many dependents they have. because that is called immigration; the taxpayers of the United States. I noticed on the forms with the sis- and that is over here. I have heard people in this body and ter’s name on it, with the mother’s We still have the most liberal immi- in this Chamber and in the halls of the name on it, with the father’s name on gration policies in the world. If we cut committee rooms talk about the def- it, they were listed as a Rocky Mount, it in half or if we cut it to one-third of icit. Well, one way we can deal with Virginia, address. I said, are they liv- what we are presently doing in immi- the deficit is clamp down on illegal im- ing here in Rocky Mount with you? Oh,

VerDate Jan 31 2003 05:06 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.168 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4873 no, they are living in Mexico. But I can ing that talked with Mr. Gamez, and is someone is going to prove that they apply for these numbers and then I can are going around the country edu- have been here and working for some count them as a dependent, and then cating, and I use that word in quotes, time and they will turn to this tax- there will not be any taxes withheld those with green cards to suck more payer identification number so they out of my check, and I will not have to money out of the United States. can prove that and they get amnesty. pay any income taxes. It comes through this particular body. b 2245 I said, How did you learn about all of It is to do just exactly what the gen- this? He said, well, the Mexican offi- I think we need to be wary of that. tleman has suggested. It is to obtain cials were schooling me on it. He did And that causes me much concern benefits from the Federal Government not use the word ‘‘schooling.’’ ‘‘School- when the advocates say how the tax in terms of tax credits for your chil- ing’’ is a parochial term used in Frank- bill was not fair to those that are not dren, tax exemptions, tax deductions lin County. It is how one gets an edu- getting a refund, which means a check and all of it, so if you are working cation on how to get yourself more in the mail. You did not pay any in- here, even if you are working here ille- money. come tax, you did not owe any income gally, people do get fake Social Secu- That is what he was doing. He wanted tax, but we are going to send you a rity numbers, it happens, strange as to get those Mexican IDs to get his check anyway. that may seem, I know it is hard to be- U.S. taxpayer identification number so Mr. Speaker, I thank the gentleman lieve, but it occurs. And this identity he could put their names on his 1040 for allowing me to tell you about this fraud is becoming even another huge form and get back a refund. I do not specific situation in the town of Rocky problem. But here we are teaching peo- know how much he was making, cer- Mount, Virginia. ple the classes, my friend from Virginia tainly it would depend on those fac- Mr. TANCREDO. Mr. Speaker, I very uses the word ‘‘schooling’’ for them, tors, but he would be able to claim much appreciate the gentleman coming and that is exactly what they are three additional dependents in addition down and discussing that tonight. doing. They advertise. This is not clan- to himself. He brings up an interesting point destine. It is not like, oh, my goodness, He said the Mexican officials were that is the kind of activity that is do not tell anybody. Come over here on helping him. They told him to come going on throughout the country, some the 12th of July; we will explain how to and see me. Maybe they just said that of it being sponsored by the Federal actually scam the system. blanket, not me personally, but go see Government and other by Federal They make a big picture, a big bro- your Member of Congress if you need to agencies in order to encourage people chure about it and send it out. They get your ID cards. So he came to the to come here illegally, in order to get send it to the county treasurers. They office four times before I had the op- benefits of every kind, variety and say, look, this is one of things they portunity to personally meet with him. shape. said to the county treasurer, if we get But I questioned whether this was In Colorado I just got a flier from an all these people in to claim these de- valid under the United States Tax organization. It is actually a group of ductions and claim these tax credits, Code, so I had a meeting in my office people that are sponsoring this group do you know how much that means to with the persons from the IRS. As I un- of organizations; and they have gone to come to the county? Dollars coming to derstood what they said, what he was a couple of counties in Colorado. One is the county, people who are living here doing is valid under the U.S. Tax Code Jefferson County, which I live in; one illegally but they will be able to get and valid under our IRS rules and regu- is Adams County just north of me. And these tax deductions for their kids so lations. This is an example of how our the flier talks about this and they have that means money to the county. That money is being shifted to another the county treasurers to join them in is how they get the county commis- country. I really wonder whether we this effort, and what is the effort? It sioner and county treasurer sucked should be encouraging situations like says, building communities one tax- into it. It is as if this money is coming this. I think not. payer at a time. You think, what are I have heard tonight before the gen- from Venus. It is a scam. they talking about here? And the big It is another example of the attempts tleman from Colorado (Mr. TANCREDO) title of their conference that they are that are so much a part of everything and the other gentleman from Colorado going to have on July 12 in Colorado is I see around here, and that is to even- had their chance to speak how bad the to teach people how to get taxpayer tax cut bill was that passed. tually come to the position where I got to thinking, you know, what if identification numbers. there is absolutely nothing that distin- there were not an adult sister, an adult It says, who needs one of these? Any- guishes you as being here illegally mother, and an adult father, but it was one who cannot get a Social Security from someone who is here legally. Ev- three children. If the bill like the com- number needs a taxpayer identification erything that that person who is here plaints were made had passed, even number. legally can do, all of the benefits they though this gentleman would have Now, you have to ask yourself a ques- can achieve as a result of citizenship in owed no U.S. income tax, did not owe tion, How many people in this country this country, legal status in this coun- any, did not pay any, we would be send- have to have a taxpayer identification try, every single benefit would be ac- ing him a check in the mail if their po- number as opposed to a Social Security corded and afforded to you, someone sition prevailed; a further drain on the number? Because when you call the who is here illegally. Therefore, the United States Treasury, a further drain IRS, they tell you it is one in the same. distinction is gone. And the whole con- on the United States economy. If you have a Social Security number, cept of citizenship is gone. I think we need to take a close look that is the same as your tax ID num- It is an attack on citizenship. It is an before we buy into this argument of let ber. If you do not have a Social Secu- attack on the concept of citizenship. It us make the child tax credit refund- rity number, you fill out this form and is an attack on the sovereignty of the able, because George Bush and those of you get one. Who would do that? Peo- country. It will be the place where a us who voted for the previous tax cuts ple who are here legally like the gen- lot of people reside. There are cities did such a good job with the current tleman referenced so he could pay his not too far from where we stand to- child tax credit that many of those taxes. How about people who are here night that allow people to vote just earning between $10,000 and $26,000 are illegally? We do not know. We are not based on their residence. All you have not paying any Federal income taxes. going to try to stop them. to do is bring in a copy of your utility They do not owe any; they do not pay If somebody comes in and applies, bill. You can vote. They do not ask you any. Therefore, they do not get a check they are going to get it. What do they whether or not you are here legally. back. It is for those who have paid Fed- need it for? What does somebody who is They call themselves refugee cities. eral income taxes. If someone is mak- here illegally need a taxpayer identi- They are in Maryland. They are all ing $10,000 a year and paid some Fed- fication number for? I will tell you one over the place along the east coast eral income tax, they can get it back thing they need it for is that every here. The Mayor of this city, Wash- under the plan we passed. time we start talking about amnesty ington, D.C., proposed that not too But I am just wondering how much for everybody who is living here le- long ago to the city of Washington, I schooling the Mexican officials are giv- gally, one of the things that comes up mean the District of Columbia, that it,

VerDate Jan 31 2003 05:06 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.169 H03PT1 H4874 CONGRESSIONAL RECORD — HOUSE June 3, 2003 in fact, should allow people to vote hold of their money. That is a big step Mr. BRADLEY of New Hampshire, for 5 simply because they are residents, in this direction that I am pointing to, minutes, today. nothing else. Residents of the country. a step to a place where there is no such (The following Members (at their own Not citizens. The concept is under at- thing as citizenship and whether or not request) to revise and extend their re- tack. we can have the debate whether or not marks and include extraneous mate- Whether these cities and counties someone is here legally or not, it does rial:) that are accepting the matricula un- not matter if you are here legally or Mr. HOYER, for 5 minutes, today. derstand this or not, I do not know. not. Mrs. JONES of Ohio, for 5 minutes, Whether all of these city officials and Mr. Speaker, I thank the gentleman today. county officials who are aiding and from Virginia (Mr. GOODE) for joining Mr. INSLEE, for 5 minutes, today. abetting illegal immigrants in this me this evening and for letting me f country, aiding and abetting people in bring this to the attention of the body. ADJOURNMENT the violation of our laws, whether they f recognize it, and people do not think it Mr. GOODE. Mr. Speaker, I move is more than a little transgression, LEAVE OF ABSENCE that the House do now adjourn. that it is like jay walking, no, this has By unanimous consent, leave of ab- The motion was agreed to; accord- major implications. It is meaningful sence was granted to: ingly (at 10 o’clock and 55 minutes stuff. It is a transition our country is Mr. CARSON of Oklahoma (at the re- p.m.), the House adjourned until to- going through here that I do not know quest of Ms. PELOSI) for today after 2:30 morrow, Wednesday, June 4, 2003, at 10 if everybody understands that we are p.m. and the balance of the week on ac- a.m. simply moving and we are directly count of a family emergency. f Mr. REYES (at the request of Ms. moving to a system that will not have, EXECUTIVE COMMUNICATIONS, PELOSI) for today before 2:00 p.m. on as I say, a way of distinguishing a cit- ETC. izen from a noncitizen. It is just a account of official business. place where they are residents. Mr. ORTIZ (at the request of Ms. Under clause 8 of rule XII, executive Borders will be erased de facto. Bor- PELOSI) for today before 3:00 p.m. on communications were taken from the ders will be erased. Maybe that is okay. account of official business. Speaker’s table and referred as follows: Maybe that is exactly where everybody Mr. RYAN of Wisconsin (at the re- 2489. A letter from the President and in this place wants us to go. I would quest of Mr. DELAY) for today on ac- Chairman, Export-Import Bank, transmit- like to put it to a vote. I would like to count of personal reasons. ting a report on transactions involving U.S. see somebody actually have to vote on exports to Morocco pursuant to Section f 2(b)(3) of the Export-Import Bank Act of 1945, whether or not we have to erase the SPECIAL ORDERS GRANTED as amended, pursuant to 22 U.S.C. 2776(c); to borders because that is where we are the Committee on Financial Services. heading. We are doing it a little bit at By unanimous consent, permission to 2490. A letter from the President and a time. It is the old frog in the hot address the House, following the legis- Chairman, Export-Import Bank of the United water syndrome where the heat is lative program and any special orders States, transmitting a report on trans- turned up one notch at a time and you heretofore entered, was granted to: actions involving U.S. exports to Taiwan look back and say, what happened (The following Members (at the re- pursuant to Section 2(b)(3) of the Export-Im- here? What happened? quest of Mr. MCNULTY) to revise and port Bank Act of 1945, as amended, pursuant Is there a time when citizenship extend their remarks and include ex- to 12 U.S.C. 635(b)(3)(i); to the Committee on traneous material:) Financial Services. meant something? We are going to de- 2491. A letter from the Associate Commis- bate, and I think the gentleman from Mr. RANGEL, for 5 minutes, today. sioner for Education Statistics, Department Virginia (Mr. GOODE) is on the com- Mr. BROWN of Ohio, for 5 minutes, of Education, transmitting the annual sta- mittee that is debating the bill to give today. tistical report of the National Center for citizenship status to the families of Mr. GEORGE MILLER of California, for Education Statistics entitled, ‘‘The Condi- people who have fought in the service, 5 minutes, today. tion of Education 2003,’’ pursuant to 20 were in the armed services for a year; Ms. SCHAKOWSKY, for 5 minutes, U.S.C. 9005; to the Committee on Education and we will now give status to them if today. and the Workforce. 2492. A letter from the General Counsel, Ms. SOLIS, for 5 minutes, today. they were here legally. I think it is Department of Commerce, transmitting a Mr. DEFAZIO, for 5 minutes, today. coming to the floor soon, tomorrow or draft bill to amend the Communications Act the next day. And the bill is lengthy, Mr. DAVIS of Illinois, for 5 minutes, of 1934 to provide the Federal Communica- about exactly what you have to do in today. tions Commission with permanent authority order to get this thing called citizen- Mr. EMANUEL, for 5 minutes, today. to auction spectrum licenses and with new ship and what you have to go through. Mr. STRICKLAND, for 5 minutes, authority to charge fees for unauctioned We pretend like we prize it. If you get today. spectrum licenses and construction permits; a dishonorable discharge, you cannot Mr. CROWLEY, for 5 minutes, today. to the Committee on Energy and Commerce. have it. We pretend like it is this won- Mr. PALLONE, for 5 minutes, today. 2493. A letter from the Senior Legal Advi- sor to theBureau Chief, Mass Media Bureau, Mr. MCDERMOTT, for 5 minutes, derful thing. Well, it is a wonderful Federal Communication Commission, trans- thing. I think it is a wonderful thing. I today. mitting the Commission’s final rule — think citizenship in this country is a Ms. DEGETTE, for 5 minutes, today. Amendment of Section 73.202(b), FM Table of marvelous thing. But it is a strange Ms. LEE, for 5 minutes, today. Allotments, FM Broadcast Stations (Douglas phenomenon that on one hand here we Ms. JACKSON-LEE of Texas, for 5 min- and Tombstone, Arizona, and Santa Clara, are coming with a bill that pretends utes, today. New Mexico) [MB Docket No. 02-374, RM- that citizenship is meaningful and that Mr. ALLEN, for 5 minutes, today. 10598] received May 29, 2003, pursuant to 5 everything else we are doing here aids (The following Members (at the re- U.S.C. 801(a)(1)(A); to the Committee on En- ergy and Commerce. quest of Mr. HENSARLING) to revise and in the destruction of the concept of 2494. A letter from the Senior Legal Advi- citizenship and the fact that the Fed- extend their remarks and include ex- sor, International Bureau, Federal Commu- eral Government, through its Depart- traneous material:) nication Commission, transmitting the Com- ment of the Treasury, promulgates reg- Mr. BEAUPREZ, for 5 minutes, today. mission’s final rule — Amendment of the ulations that allows banks to accept Mr. BURTON of Indiana, for 5 minutes, Commission’s Space Station Licensing Rules the foreign government ID card from a June 10. and Policies [IB Docket No. 02-34]; Mitiga- person who wants to open an account. Mr. CULBERSON, for 5 minutes, June tion of Orbital Debris [IB Docket No. 02-54] This is an example. 4. received May 29, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and It is one step in this process and it is Mr. DUNCAN, for 5 minutes, today. Commerce. a pretty good step. Actually, it is not a Mr. LEWIS of California, for 5 min- 2495. A letter from the Attorney Advisor, little thing, the unbanked, the millions utes, June 5. Wireline Competition Bureau, Federal Com- and millions of people who are here il- Mr. HENSARLING, for 5 minutes, munication Commission, transmitting the legally, that the banks want to get a today. Commission’s final rule — Tecommunication

VerDate Jan 31 2003 05:06 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.171 H03PT1 June 3, 2003 CONGRESSIONAL RECORD — HOUSE H4875 Relay Services and the Americans with Dis- the same period, pursuant to 5 U.S.C. app. H.R. 1836. A bill to make changes to cer- abilities Act of 1990 [CC Docket No. 90-57] re- (Insp. Gen. Act) section 5(b); to the Com- tain areas of the Federal civil service in ceived May 29, 2003, pursuant to 5 U.S.C. mittee on Government Reform. order to improve the flexibility and competi- 801(a)(1)(A); to the Committee on Energy and 2507. A letter from the Chairman, U.S. tiveness of Federal human resources man- Commerce. Postal Service, transmitting the semiannual agement; referred to the Committee on Ways 2496. A letter from the Deputy Chief, WCB/ report on activities of the Inspector General and Means for a period ending not later than TAPD, Federal Communications Commis- for the period ending March 31, 2003 and the July 25, 2003, for consideration of such provision, transmitting the Commissions final Management Response for the same period, sions of the bill and amendment as fall with- rule — Schools and Libraries Universal Serv- pursuant to 5 U.S.C. app. (Insp. Gen. Act) in the jurisdiction of that committee pursu- ice Support Mechanism [CC Docket No. 02-6] section 8G(h)(2); to the Committee on Gov- ant to clause 1(s), rule X. received May 29, 2003, pursuant to 5 U.S.C. ernment Reform. 801(a)(1)(A); to the Committee on Energy and 2508. A communication from the President f Commerce. of the United States, transmitting notifica- PUBLIC BILLS AND RESOLUTIONS 2497. A communication from the President tion of his determination that continuation of the United States, transmitting a com- of the waiver currently in effect for Vietnam Under clause 2 of rule XII, public bined six month periodic report on the na- will substantially promote the objectives of bills and resolutions were introduced tional emergencies declared with respect to section 402 of the Trade Act of 1974, pursuant and severally referred, as follows: the Federal Republic of Yugoslavia (Serbia to 19 U.S.C. 2432(c) and (d); (H. Doc. No. 108— By Mr. ANDREWS: and Montenegro) declared in Executive Order 80); to the Committee on Ways and Means H.R. 2301. A bill to direct the Secretary of 12808 on May 30, 1992 and Kosovo in Execu- and ordered to be printed. Homeland Security to provide for the instal- tive Order 13088 on June 9, 1998, pursuant to 2509. A communication from the President lation of chemical and biological detection 50 U.S.C. 1641(c) and 50 U.S.C. 1703(c); (H. of the United States, transmitting notifica- devices in the enclosed passenger boarding Doc. No. 108—77); to the Committee on Inter- tion of his determination that a continu- stations of each heavy rail transit system in national Relations and ordered to be printed. ation of a waiver currently in effect for the the United States; to the Committee on 2498. A communication from the President Republic of Belarus will substantially pro- Transportation and Infrastructure. of the United States, transmitting a 6-month mote the objectives of section 402, of the By Ms. BALDWIN: report on the national emergency declared Trade Act of 1974, pursuant to 19 U.S.C. H.R. 2302. A bill to extend for an additional by Executive Order 13222 of August 17, 2001, 2432(b); (H. Doc. No. 108—81); to the Com- six months the period for which chapter 12 of to deal with the threat to the national secu- mittee on Ways and Means and ordered to be title 11 of the United States Code is reen- rity, foreign policy, and economy of the printed. acted; to the Committee on the Judiciary. United States caused by the lapse of the Ex- 2510. A letter from the Regulations Coordi- By Mr. HAYWORTH: port Administration Act of 1979, pursuant to nator, Department of Health and Human H.R. 2303. A bill to limit the United States 50 U.S.C. 1641(c) and 50 U.S.C. 1703(c); (H. Services, transmitting the Department’s share of assessments for the United Nations Doc. No. 108—79); to the Committee on Inter- final rule — Medicare Program; Prospective regular budget; to the Committee on Inter- national Relations and ordered to be printed. Payment System for Long-Term Care Hos- national Relations. 2499. A letter from the Assistant Secretary pitals: Annual Payment Rate Updates and By Mr. BLUNT: for Legislative Affairs, Department of State, Policy Changes [CMS-1472-F] (RIN: 0938- H.R. 2304. A bill to resolve boundary con- transmitting certification of a proposed AL92) received June 2, 2003, pursuant to 5 flicts in the vicinity of the Mark Twain Na- Manufacturing License Agreement with U.S.C. 801(a)(1)(A); to the Committee on tional Forest in Barry and Stone Counties, Japan [Transmittal No. DDTC 040-03], pursu- Ways and Means. Missouri, that resulted from private land- ant to 22 U.S.C. 2776(d); to the Committee on f owner reliance on a subsequent Federal sur- International Relations. 2500. A communication from the President REPORTS OF COMMITTEES ON vey, and for other purposes; to the Com- of the United States, transmitting notifica- PUBLIC BILLS AND RESOLUTIONS mittee on Agriculture, and in addition to the Committee on Transportation and Infra- tion to terminate the national emergencies Under clause 2 of rule XIII, reports of declared in Executive Order 12808 of May 30, structure, for a period to be subsequently de- 1992, and Executive Order 13088 of June 9, committees were delivered to the Clerk termined by the Speaker, in each case for 1998, with respect to the former Socialist for printing and reference to the proper consideration of such provisions as fall with- Federal Republic of Yugoslavia; (H. Doc. No. calendar, as follows: in the jurisdiction of the committee concerned. 108—78); to the Committee on International Mr. OXLEY: Committee on Financial Serv- By Ms. DEGETTE: Relations and ordered to be printed. ices. Supplemental report on H.R. 2143. A bill H.R. 2305. A bill to designate certain lands 2501. A letter from the Secretary, Depart- to prevent the use of certain bank instru- in the State of Colorado as components of ment of Energy, transmitting the semi- ments for unlawful Internet gambling, and the National Wilderness Preservation Sys- annual report on the activities of the Office for other purposes (Rept. 108–133, Pt. 2). of Inspector General for the period October 1, Mr. TAUZIN: Committee on Energy and tem, and for other purposes; to the Com- 2002 to March 31, 2003, pursuant to 5 U.S.C. Commerce. H.R. 1320. A bill to amend the Na- mittee on Resources. app. (Insp. Gen. Act) section 5(b); to the tional Telecommunications and Information By Mr. DOOLITTLE: Committee on Government Reform. Administration Organization Act to facili- H.R. 2306. A bill to delay the effective date 2502. A letter from the Secretary, Depart- tate the reallocation of spectrum from gov- of certain provisions relating to the labeling ment of Labor, transmitting the semiannual ernmental to commercial users; with an of ginseng; to the Committee on Energy and report on the activities of the Office of In- amendment (Rept. 108–137). Referred to the Commerce. spector General for the period October 1, 2002 Committee of the Whole House on the State By Mr. HOBSON (for himself, Mr. to March 31, 2003, pursuant to 5 U.S.C. app. of the Union. ORTIZ, Ms. PRYCE of Ohio, Mr. TIBERI, (Insp. Gen. Act) section 5(b); to the Com- Mr. SESSIONS: Committee on Rules. Mr. GILLMOR, Mr. RODRIGUEZ, Mr. mittee on Government Reform. House Resolution 256. Resolution providing REGULA, Mr. REYES, and Mr. OXLEY): 2503. A letter from the Assistant Director, for consideration of the bill (H.R. 1474) to fa- H.R. 2307. A bill to provide for the estab- Executive and Political Personnel, Depart- cilitate check truncation by authorizing sub- lishment of new Department of Veterans Af- ment of Defense, transmitting a report pur- stitute checks, to foster innovation in the fairs medical facilities for veterans in the suant to the Federal Vacancies Reform Act check collection system without mandating area of Columbus, Ohio, and in south Texas; of 1998; to the Committee on Government Re- receipt of checks in electronic form, and to to the Committee on Veterans’ Affairs. form. improve the overall efficiency of the Na- By Mr. LEVIN (for himself, Mr. 2504. A letter from the Attorney/Advisor, tion’s payments system, and for other pur- MCDERMOTT, Mr. LEWIS of Georgia, Department of Transportation, transmitting poses. (Rept. 108–138). Referred to the House Mr. MCNULTY, Mr. BECERRA, Mr. a report pursuant to the Federal Vacancies Calendar. FRANK of Massachusetts, Mr. PRICE of Reform Act of 1998; to the Committee on Mrs. MYRICK: Committee on Rules. House North Carolina, Mr. HINOJOSA, Mr. Government Reform. Resolution 257. Resolution providing for con- HASTINGS of Florida, Mr. ACKERMAN, 2505. A letter from the President, Legal sideration of the bill (H.R. 760) to prohibit and Mr. HONDA): Services Corporation, transmitting the semi- the procedure commonly known as partial- H.R. 2308. A bill to amend the Trade Act of annual report on the activities of the Office birth abortion. (Rept. 108–139). Referred to 1974 to provide trade adjustment assistance of Inspector General for the period October 1, the House Calendar. for communities, and for other purposes; to 2002 to March 31, 2003, pursuant to 5 U.S.C. the Committee on Ways and Means. f app. (Insp. Gen. Act) section 5(b); to the By Ms. MILLENDER-MCDONALD: Committee on Government Reform. REPORTED BILL SEQUENTIALLY H.R. 2309. A bill to designate the facility of 2506. A letter from the Chairman, Securi- REFERRED the United States Postal Service located at ties and Exchange Commission, transmitting 2300 Redondo Avenue in Signal Hill, Cali- the semiannual report on activities of the In- Pursuant to clause 2 of rule XII the fornia, as the ‘‘J. Stephen Horn Post Office spector General for the period ending March following action was taken by the Building’’; to the Committee on Government 31, 2003 and the Management Response for Speaker: Reform.

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By Mr. RAHALL (for himself, Ms. gun violence and accepting the challenge to H.R. 715: Mr. HINCHEY. BORDALLO, Mr. ACEVEDO-VILA, Mr. reduce by 5,000 the number of lives lost to H.R. 717: Mr. EVANS, Mr. OWENS, and Ms. GEORGE MILLER of California, Ms. gun violence by the year 2005, by instituting LINDA T. SANCHEZ of California. LEE, Mr. CASE, Mr. GRIJALVA, Mr. and supporting policies that will further that H.R. 728: Mr. BARTON of Texas. RODRIGUEZ, Mr. MARKEY, Mr. goal; to the Committee on the Judiciary, and H.R. 754: Mr. ISAKSON. FALEOMAVAEGA, Mr. UDALL of Colo- in addition to the Committee on Energy and H.R. 792: Mr. WYNN and Mr. MICHAUD. rado, Ms. SLAUGHTER, Mr. PALLONE, Commerce, for a period to be subsequently H.R. 795: Mr. HASTINGS of Florida. H.R. 814: Ms. BALDWIN, Mr. WYNN, Mr. Mr. INSLEE, Mr. BLUMENAUER, Mr. determined by the Speaker, in each case for STRICKLAND, Mr. RYAN of Wisconsin, Ms. ABERCROMBIE, Mr. NADLER, and Mr. consideration of such provisions as fall with- CORRINE BROWN of Florida, Ms. SCHAKOWSKY, KIND): in the jurisdiction of the committee con- H.R. 2310. A bill to protect, conserve, and cerned. Mr. INSLEE, Ms. MCCARTHY of Missouri, Mr. restore native fish, wildlife, and their nat- By Mr. VITTER: BRADY of Pennsylvania, Mr. MORAN of Vir- ural habitats on Federal lands and non-Fed- H. Con. Res. 205. Concurrent resolution ex- ginia, and Mr. WALSH. H.R. 844: Mr. SIMMONS. eral lands through cooperative, incentive- pressing appreciation to the Government of H.R. 857: Mr. FROST. based grants to control, mitigate, and eradi- Kuwait for its medical assistance to Ali H.R. 871: Mr. ROSS, Mr. RADANOVICH, and cate harmful nonnative species, and for Ismaeel Abbas and other children of Iraq and Mr. NUNES. other purposes; to the Committee on Re- for its additional humanitarian aid, and for H.R. 873: Ms. SCHAKOWSKY, Ms. LOFGREN, sources. other purposes; to the Committee on Inter- Mr. KILDEE, Mr. PRICE of North Carolina, Mr. By Mr. SESSIONS (for himself, Mr. national Relations. RANGEL, Ms. LEE, Mr. OLVER, Ms. LINDA T. DOOLITTLE, Mr. JONES of North Caro- f SANCHEZ of California. and Ms. DELAURO. lina, Mr. HASTINGS of Washington, H.R. 887: Mr. PETRI and Mr. BLUNT. Mr. STEARNS, Mr. PAUL, Mr. SOUDER, PRIVATE BILLS AND H.R. 896: Ms. LEE. Mr. GARRETT of New Jersey, Mr. RESOLUTIONS H.R. 898: Mr. CHABOT, Ms. DEGETTE, Ms. LATOURETTE, Mr. SULLIVAN, Mr. CORRINE BROWN of Florida, and Mr. MOL- HAYES, Mr. DAVIS of Illinois, Ms. Under clause 3 of rule XII, LOHAN. GINNY BROWN-WAITE of Florida, Mr. By Mr. THOMPSON of California intro- H.R. 919: Mr. BURGESS, Mr. BURR, Mr. GER- HEFLEY, Mr. VITTER, Mr. GREEN of duced a bill (H.R. 2317) for the relief of Patri- LACH, and Mr. CUNNINGHAM. Wisconsin, Mr. FORBES, Mrs. JO ANN cia and Michael Duane, Gregory Hansen, H.R. 941: Mr. KENNEDY of Minnesota. DAVIS of Virginia, Mr. FROST, and Mary Pimental, Randy Ruiz, Elaine H.R. 972: Mr. TIERNEY. Mr. TOOMEY): Schlinger, and Gerald Whitaker; which was H.R. 977: Mr. GRIJALVA and Mr. PALLONE. H.R. 2311. A bill to amend title II of the So- referred to the Committee on the Judiciary. H.R. 980: Mr. SNYDER, Mr. MATSUI, and Mr. cial Security Act to eliminate the earnings WICKER. test for individuals who have attained age 62; f H.R. 997: Mr. HAYWORTH, Mr. DOOLITTLE, to the Committee on Ways and Means. ADDITIONAL SPONSORS Mr. PUTNAM, Mr. GARY G. MILLER of Cali- By Mr. SHIMKUS (for himself, Mr. fornia, and Mr. KINGSTON. MARKEY, Mr. TAUZIN, Mr. DINGELL, Under clause 7 of rule XII, sponsors H.R. 1006: Mr. MENENDEZ, Mr. BERMAN, Mr. and Mr. UPTON): were added to public bills and resolu- BLUMENAUER, Mrs. LOWEY, Mr. WU, Mr. H.R. 2312. A bill to amend the Communica- tions as follows: BROWN of Ohio, Mr. CALVERT, Ms. KIL- tions Satellite of 1962 to provide for the or- PATRICK, and Mr. MCDERMOTT. H.R. 7: Mr. FRANKS of Arizona, Mr. derly dilution of the ownership interest in H.R. 1046: Mr. PASTOR, Mr. CARDIN, and Mr. MCCOTTER, and Mr. MURPHY. Inmarsat by former signatories to the GONZALEZ. H.R. 18: Mr. KINGSTON. Inmarsat Operating Agreement; to the Com- H.R. 1057: Mr. REHBERG and Mr. H.R. 31: Mr. CARSON of Oklahoma. mittee on Energy and Commerce. ABERCOMBIE. H.R. 52: Mr. DOOLITTLE. By Mr. SPRATT: H.R. 1068: Mrs. LOWEY, Mr. MOORE, and Mr. H.R. 57: Mr. HULSHOF and Mr. BURGESS. H.R. 2313. A bill to amend the Internal Rev- MEEHAN. H.R. 97: Mr. ADERHOLT, Mr. ENGEL, Mr. enue Code of 1986 to allow an additional ad- H.R. 1075: Ms. LOFGREN. KILDEE, Mr. QUINN, and Ms. LINDA T. vance refunding of tax-exempt bonds issued H.R. 1076: Mr. MOORE and Mr. BEAUPREZ. SANCHEZ of California. for the purchase or maintenance of electric H.R. 1117: Mr. MILLER of Florida, Mr. JONES H.R. 106: Mr. WICKER. generation, transmission, or distribution as- of North Carolina, Mr. GREEN of Wisconsin, H.R. 107: Mr. OWENS. sets; to the Committee on Ways and Means. and Mr. TERRY. H.R. 122: Mr. LANTOS. By Mr. TIERNEY (for himself and Mr. H.R. 1130: Ms. KAPTUR. H.R. 208: Mr. OWENS. H.R. 1133: Mr. HOLT. SHIMKUS): H.R. 2314. A bill to support business incu- H.R. 236: Ms. BALDWIN, Mr. KENNEDY of H.R. 1137: Mr. HULSHOF and Mr. BOUCHER. H.R. 1157: Ms. LOFGREN. bation in academic settings, and for other Rhode Island, Mr. BROWN of Ohio, Ms. ESHOO, H.R. 1177: Mr. BARRETT of South Carolina, purposes; to the Committee on Education Mr. FARR, and Mr. SANDERS. Mr. GUTKNECHT, Mr. KLINE, Mr. ROYCE, Mr. and the Workforce. H.R. 284: Mr. FATTAH, Mr. MCCOTTER, Ms. SLAUGHTER, Mr. FLETCHER, Mr. MARSHALL, SULLIVAN, Mr. WICKER, and Mr. DAVIS of Illi- By Mr. WEINER: nois. H.R. 2315. A bill to amend title 18, United and Mr. LEACH. H.R. 1179: Mr. JONES of North Carolina and States Code, with respect to certain prohibi- H.R. 288: Mrs. NAPOLITANO. Mr. MARIO DIAZ-BALART of Florida. tions relating to police badges, and for other H.R. 290: Mr. QUINN, Mr. MARKEY, Mr. H.R. 1196: Mrs. KELLY, Ms. SOLIS, Mr. RYAN purposes; to the Committee on the Judici- PALLONE, Mr. LARSON of Connecticut, Mr. of Ohio, Mr. MCGOVERN, Mrs. NAPOLITANO, ary. NADLER, Mr. CARSON of Oklahoma, and Ms. LINDA T. SANCHEZ of California. and Mr. HONDA. By Mr. WYNN: H.R. 1231: Mr. EDWARDS, Mr. RYUN of Kan- H.R. 2316. A bill to enhance the terms of H.R. 296: Mr. NEAL of Massachusetts, Ms. sas, Mr. FERGUSON, Mr. BLUNT, Mr. DAVIS of the retirement annuities of administrative KILPATRICK, and Mr. HOLT. Florida, Mr. BEAUPREZ, Mr. COSTELLO, Mr. law judges; to the Committee on Govern- H.R. 300: Mrs. BLACKBURN. DEAL of Georgia, Mr. BURGESS, Mrs. ment Reform. H.R. 313: Mr. STRICKLAND and Mr. BACHUS. BLACKBURN, Mrs. CAPITO, Mr. ETHERIDGE, Ms. By Mr. GREENWOOD (for himself, Mr. H.R. 371: Mr. LANTOS and Mr. GUTIERREZ. LINDA T. SANCHEZ of California, Ms. VELAZ- FARR, Mr. WELDON of Pennsylvania, H.R. 401: Mr. FERGUSON. QUEZ, Mr. KINGSTON, Mr. CANTOR, Mr. and Mr. ALLEN): H.R. 501: Mr. BURGESS. DEFAZIO, Mr. BACA, and Mr. PEARCE. H. Con. Res. 202. Concurrent resolution ex- H.R. 515: Mr. GUTIERREZ. H.R. 1241: Ms. LEE. H.R. 528: Mr. HAYWORTH and Mr. DREIER. pressing the sense of Congress in support of H.R. 1242: Mr. GUTIERREZ. H.R. 571: Mrs. BLACKBURN, Mr. GILCHREST, a National Oceans Week; to the Committee H.R. 1243: Mr. MCGOVERN. Mr. NORWOOD, Mr. TURNER of Ohio, Mr. on Resources. H.R. 1258: Ms. WATERS and Mr. KIND. By Mr. LATOURETTE (for himself, Mr. HOUGHTON, and Mr. FLETCHER. H.R. 1268: Mr. LYNCH and Ms. JACKSON-LEE LARSON of Connecticut, Mr. NEY, H.R. 580: Mrs. MCCARTHY of New York, Mr. of Texas. Mrs. JOHNSON of Connecticut, Mr. CROWLEY, Mr. ACKERMAN, Mr. BISHOP of New H.R. 1311: Mrs. MUSGRAVE, Mr. BROWN of STARK, Mr. CUNNINGHAM, Ms. CARSON York, Mr. MEEKS of New York, Mr. Ohio, Mr. SMITH of Michigan, Mr. MICHAUD, of Indiana, Mr. KILDEE, Mr. WAXMAN, LANGEVIN, Mr. SCHIFF, and Mr. ENGEL. Ms. MCCOLLUM, Mr. JANKLOW, Mr. SNYDER, Mr. KANJORSKI, Mr. MCNULTY, and H.R. 589: Mr. BOUCHER. Mr. LATHAM, and Mr. ROGERS of Alabama. Mr. GUTIERREZ): H.R. 594: Mr. LEWIS of Kentucky, Mr. NAD- H.R. 1349: Mr. FRANK of Massachusetts. H. Con. Res. 203. Concurrent resolution ex- LER, Mr. NUNES, Mr. JONES of North Caro- H.R. 1372: Mr. CROWLEY. pressing support for a National Reflex Sym- lina, Mr. SHUSTER, and Mr. BRADY of Penn- H.R. 1381: Mr. FARR, Ms. ESHOO, and Mr. pathetic Dystrophy (RSD) Awareness Month; sylvania. NADLER. to the Committee on Energy and Commerce. H.R. 660: Ms. ROS-LEHTINEN, Mrs. BONO, Mr. H.R. 1388: Ms. LEE. By Mrs. MCCARTHY of New York: HOBSON, and Mr. HYDE. H.R. 1414: Ms. EDDIE BERNICE JOHNSON of H. Con. Res. 204. Concurrent resolution H.R. 684: Mr. TERRY. Texas, Mr. OLVER, Mr. BLUMENAUER, and Ms. supporting the Million Mom March against H.R. 709: Mr. OTTER. WOOLSEY.

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H.R. 1418: Ms. CORRINE BROWN of Florida. H.R. 1905: Mr. OWENS. H.R. 2188: Mr. WHITFIELD. H.R. 1422: Mr. GUTIERREZ and Mr. HALL. H.R. 1913: Mr. CONYERS, Mr. SANDERS, and H.R. 2193: Mr. CASE. H.R. 1428: Mr. SNYDER. Mr. SWEENEY. H.R. 2205: Mr. WICKER, Mr. ROGERS of Ala- H.R. 1430: Mr. BELL and Mr. DELAHUNT. H.R. 1914: Mr. JONES of North Carolina and bama, Mr. SNYDER, Mr. LARSON of Con- H.R. 1444: Mr. OWENS, Ms. JACKSON-LEE of Mr. OTTER. necticut, Mr. PICKERING, Mr. FROST, Mr. Texas, and Ms. CORRINE BROWN of Florida. H.R. 1916: Mr. GRIJALVA, Ms. VELAZQUEZ, SCOTT of Georgia, and Mr. MCGOVERN. H.R. 1448: Ms. CORRINE BROWN of Florida. Mr. WOLF, Mr. SANDERS, Mr. MILLER of H.R. 2236: Mr. COOPER, Mr. BACA, Mr. H.R. 1460: Mr. MCGOVERN. North Carolina, Ms. LINDA T. SANCHEZ of WELDON of Florida, and Mr. GONZALEZ. H.R. 1470: Mr. HOLT, Mr. ORTIZ, and Mr. California, and Mr. OWENS. H.R. 2242: Ms. MCCOLLUM, Mr. TOWNS, Mr. WYNN. H.R. 1933: Mr. ROTHMAN, Mr. LARSEN of COLE, and Mr. JEFFERSON. H.R. 1482: Mr. ABERCROMBIE. Washington, and Mr. STARK. H.R. 2246: Mr. TANNER, Mr. HOLT, Mr. H.R. 1489: Mr. GARRETT of New Jersey, Mr. H.R. 1935: Mr. NADLER and Mr. HOLT. REYES, Mr. OWENS, and Mr. PASCRELL. WILSON of South Carolina, Mr. SHIMKUS, and H.R. 1951: Mr. RODRIGUEZ, Ms. CORRINE H.R. 2262: Mr. CONYERS, Mr. MOLLOHAN, Mr. Mr. LEWIS of Kentucky. BROWN of Florida, Mr. GILLMOR, Mrs. JONES GRIJALVA, Mr. PLATTS, Mr. CRAMER, and Mr. H.R. 1491: Mr. PASTOR. of Ohio, and Mr. OWENS. OWENS. H.R. 1534: Mrs. JONES of Ohio and Mr. HIN- H.R. 1963: Mr. HALL. H.R. 2274: Mr. PEARCE. CHEY. H.R. 1964: Mr. TOWNS. H.R. 2286: Mr. LEVIN, Mr. KLECZKA, Mr. H.R. 1552: Mr. SIMMONS, Mr. WILSON of H.R. 1981: Mr. GRIJALVA. South Carolina, Mr. ETHERIDGE, Mr. MEEK of H.R. 1997: Mr. PETRI, Mr. PETERSON of Min- LEWIS of Georgia, Mr. BECERRA, Mr. SANDLIN, Florida, Mr. CARDOZA, Ms. GINNY BROWN- nesota, Mr. ISAKSON, Mr. COLLINS, Mr. Mr. EMANUEL, Ms. SLAUGHTER, Mr. UDALL of WAITE of Florida, Mr. MCNULTY, Mr. CASE, EHLERS, Mr. MCINTYRE, and Mr. SCHROCK. New Mexico, Mr. MENENDEZ, Mr. RYAN of Mr. TURNER of Texas, and Mr. DAVIS of Flor- H.R. 1998: Mr. FRANK of Massachusetts, Mr. Ohio, Mr. ALEXANDER, Ms. WATERS, Mr. ida. DEAL of Georgia, Mr. KILDEE, Mr. WEXLER, CROWLEY, Mr. KENNEDY of Rhode Island, Mr. H.R. 1563: Mr. MORAN of Virginia and Mr. Ms. SCHAKOWSKY, Mr. MICHAUD, Mr. MARKEY, Mr. STARK, Ms. SCHAKOWSKY, Ms. FRANK of Massachusetts. MCDERMOTT, Mr. GORDON, Mr. INSLEE, Ms. KAPTUR, Mr. BROWN of Ohio, and Ms. LEE. H.R. 1568: Mr. LANGEVIN. JACKSON-LEE of Texas, Mr. GEORGE MILLER H.R. 2291: Mr. TOWNS, Mr. ROSS, Mr. FROST, H.R. 1605: Ms. ESHOO. of California, Ms. LEE, Mr. DINGELL, and Mr. and Mrs. KELLY. H.R. 1606: Mr. BILIRAKIS and Mr. ROGERS of FROST. H.J. Res. 36: Mr. PASTOR, Mr. MCINTYRE, Kentucky. H.R. 1999: Mr. OWENS and Mr. PASCRELL. Mr. ANDREWS, Ms. LINDA T. SANCHEZ of Cali- H.R. 1617: Mr. HONDA, Mr. ISRAEL, Mr. H.R. 2008: Mr. GRIJALVA and Mr. OWENS. fornia, Mr. LAMPSON, and Mr. BAIRD. PALLONE, and Ms. KAPTUR. H.R. 2009: Mr. BLUMENAUER, Mr. FORD, Mr. H.J. Res. 50: Mr. WILSON of South Carolina, H.R. 1662: Mr. BLUNT. KIRK, and Mr. DEFAZIO. Mr. WELDON of Florida, and Mr. GOODLATTE. H.R. 1676: Mr. VAN HOLLEN, Mr. WOLF, Mr. H.R. 2018: Ms. ROYBAL-ALLARD. H. Con. Res. 116: Mr. WILSON of South Caro- UPTON, Mr. DOOLITTLE, and Mr. LATOURETTE. H.R. 2038: Mr. MCDERMOTT, Mr. CARDIN, lina and Mr. FEENEY. H.R. 1689: Ms. ESHOO, Mr. HONDA, and Mr. and Mr. LARSON of Connecticut. H. Con. Res. 148: Mr. DAVIS of Alabama, HOEFFEL. H.R. 2042: Mr. HINCHEY, Mr. FORD, Ms. Mr. STRICKLAND, and Mr. VAN HOLLEN. H.R. 1700: Ms. ROS-LEHTINEN and Ms. GINNY ESHOO, Mrs. CAPPS, Mr. FRANK of Massachu- H. Con. Res. 154: Mr. CAPUANO, Ms. MCCOL- BROWN-WAITE of Florida. setts, Mr. CAPUANO, Ms. EDDIE BERNICE JOHN- LUM, Mrs. CHRISTENSEN, Mr. RUSH, Mr. WYNN, H.R. 1710: Mrs. LOWEY, Mr. INSLEE, Mr. SON of Texas, Mr. HONDA, Ms. SOLIS, Ms. Mr. TOWNS, Mr. FALEOMAVAEGA, Mr. BELL, PALLONE, Mr. LARSON of Connecticut, Ms. DELAURO, Mr. LANGEVIN, Ms. MCCOLLUM, Mr. and Mr. BROWN of Ohio. VELAZQUEZ, Mr. NADLER, and Mr. SWEENEY. MORAN of Virginia, Mr. GEORGE MILLER of H. Con. Res. 155: Mr. BECERRA. RIJALVA H.R. 1733: Mr. G . California, Mr. MATSUI, Mr. MCNULTY, Mr. H. Con. Res. 164: Mr. OSBORNE. H.R. 1746: Mr. ALLEN and Ms. ROYBAL-AL- OWENS, Mr. MCDERMOTT, Mr. LARSON of Con- H. Con. Res. 177: Mr. BEAUPREZ and Mr. LARD. necticut, and Mr. BLUMENAUER. ROYCE. H.R. 1769: Mr. HYDE, Mrs. MUSGRAVE, Mr. H.R. 2047: Mr. OWENS. H. Res. 38: Mr. OWENS. CARDIN, and Mr. LEWIS of Georgia. H.R. 2090: Mr. BISHOP of Georgia, Ms. NOR- H. Res. 56: Mr. GREENWOOD and Mr. H.R. 1793: Mr. BARTLETT of Maryland, Mr. TON, and Ms. MCCOLLUM. HAYWORTH. BISHOP of Utah, Mr. BURGESS, and Mr. H.R. 2092: Mr. BISHOP of Utah, Mr. VIS- H. Res. 58: Mr. QUINN. TANCREDO. CLOSKY, and Mr. BOEHLERT. H. Res. 86: Mr. PORTER. H.R. 1818: Mr. CALVERT. H.R. 2120: Mr. BOUCHER. H.R. 1823: Mr. CARSON of Oklahoma. H.R. 2125: Mr. OWENS, Mr. MCGOVERN, Mr. H. Res. 103: Mr. BURTON of Indiana. H.R. 1856: Mr. ENGLISH, Ms. KAPTUR, Mr. LANTOS, Mr. NEAL of Massachusetts, Mr. H. Res. 199: Mr. SMITH of Michigan, Mrs. JO BONNER, Mr. UPTON, Mr. GREENWOOD, Mr. CONYERS, Mrs. JONES of Ohio, and Mr. ANN DAVIS of Virginia, Mr. BERMAN, Mr. MCHUGH, Mr. BROWN of Ohio, Mr. HOLT, and SERRANO. BURTON of Indiana, Mr. FALEOMAVAEGA, Mr. Ms. LEE. H.R. 2135: Mr. NORWOOD and Mr. LINCOLN BELL, Mr. LATOURETTE, Mr. MEEHAN, Mr. H.R. 1886: Ms. LINDA T. SANCHEZ of Cali- DIAZ-BALART of Florida. ROYCE, and Mr. HOEFFEL. fornia and Mr. MOORE. H.R. 2154: Mr. GREEN of Texas and Mr. SAM H. Res. 201: Mrs. MILLER of Michigan. H.R. 1889: Mr. MCDERMOTT, Mr. LANGEVIN, JOHNSON of Texas. H. Res. 234: Mr. HOLT, Mr. VAN HOLLEN, Mr. Ms. BORDALLO, Mr. NADLER, Mr. GEPHARDT, H.R. 2161: Mr. ALLEN. SCHIFF, Mr. GONZALEZ, Ms. WOOLSEY, Mr. Mr. STENHOLM, Mr. OWENS, Mr. INSLEE, and H.R. 2164: Mr. TERRY, Mr. SIMMONS, and STARK, Mr. TIERNEY, and Mr. SNYDER. Mr. TIERNEY. Mr. FROST. H. Res. 237: Mr. ENGEL and Mr. BELL. H.R. 1902: Ms. LINDA T. SANCHEZ of Cali- H.R. 2169: Mr. TIERNEY. H. Res. 242: Mr. LEWIS of Georgia, Mr. BUR- fornia, Mr. BAKER, Mr. PALLONE, Mr. LARSON H.R. 2176: Mr. GRIJALVA, Mr. OXLEY, and TON of Indiana, Mr. SMITH of New Jersey, and of Connecticut, and Ms. VELAZQUEZ. Mr. PASTOR. Mr. BALLENGER.

VerDate Jan 31 2003 05:56 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.071 H03PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, TUESDAY, JUNE 3, 2003 No. 80 Senate The Senate met at 10 a.m. and was structed individually by a truth-quick- RECOGNITION OF THE ACTING called to order by the President pro ened conscience, and as they share in MINORITY LEADER tempore (Mr. STEVENS). enacting the laws of time, they may do The PRESIDING OFFICER (Mr. COR- The PRESIDENT pro tempore. Once so in the light of eternity. So, bless and NYN). The Senator from Nevada. again, retired pastor emeritus of give grace to each one. In the power of Georgetown Presbyterian, the Rev- Thy Spirit we pray. Amen. Mr. REID. If my distinguished col- erend Campbell Gillon, will lead us in league will yield, it is my under- prayer. f standing also that the two managers have agreed to set aside the pending PRAYER PLEDGE OF ALLEGIANCE amendments for other amendments to be offered. I believe that is the case. The guest Chaplain offered the fol- The President pro tempore led the lowing prayer: Pledge of Allegiance as follows: Mr. MCCONNELL. I say to my friend from Nevada, I believe that is the case. Let us pray. I pledge allegiance to the Flag of the O God of creation, while the bright- United States of America, and to the Repub- Mr. REID. I think those who have est human minds painstakingly un- lic for which it stands, one nation under God, amendments should get to the Cham- cover the intricate fringes of Thy hand- indivisible, with liberty and justice for all. ber as quickly as they can because one iwork, we recognize that the proper at- of the sponsors of one of the amend- titude before Thee is not arrogance and f ments now pending will not be here self-satisfied cleverness but humility until this afternoon. So we can move RECOGNITION OF THE ACTING and wonder, for the ultimate question that along with other amendments. It MAJORITY LEADER is not how, but who, since this mys- is my understanding that this bill, terious gift of human life with its The PRESIDENT pro tempore. The when it was up last year, took 8 weeks. flawed grandeur, dissatisfied searching, deputy leader is recognized. It is my understanding that the major- and spiritual promptings point to a ity leader wants to finish this bill Giver who has yet something better in f within the next 2 weeks. So that is a mind. really big order because some of these We come to Thee as recipients, en- SCHEDULE amendments are very difficult. Some of trusted with all that we have and are. Mr. MCCONNELL. Mr. President, this the issues are difficult. Our gifts are different and disparate, morning the Senate will resume con- I suggest we should get on this as yet Thou hast dealt with us all equal- sideration of S. 14, the Energy bill. quickly as possible because it is going ly—in the measure of trust shown us, There are currently two LIHEAP to be very difficult to finish this bill in in the measure of responsibility for amendments pending to the bill, as 2 weeks. using what we are briefly given, and in well as the bipartisan ethanol amend- Mr. MCCONNELL. Mr. President, as the measure of commendation we shall ment. At this time, I urge any Member the Senator from Nevada has indicated, receive if found faithful. who wishes to offer an amendment to it is our hope that we can finish the Lord God, teach us that in Thine contact the chairman or ranking mem- Energy bill in the next couple of weeks. economy none is an outright owner, ber of the Energy Committee so that We intend to pursue that as vigorously but all are temporary stewards. We time can be scheduled for the consider- as possible. The cooperation of all enter the world with nothing but the ation of such amendments. Members toward that end would be precious gift of life. We leave it with Members should expect rollcall votes greatly appreciated. the character we fashioned by our use during today’s session. It is anticipated The assistant Democratic leader is of the time, talents, and possessions that we will be able to dispose of sev- correct; it would be wonderful to have with which we are entrusted. All we eral energy amendments later today. amendments laid down and debated. We take to Thee is the person we have be- Members will be notified, of course, are open for business. come. when the first vote is scheduled. So teach us to number our days, that we For the remainder of the week, the f may apply our hearts unto wisdom— Senate will continue the consideration Psalm 90:12. of the Energy bill and wrap up action RESERVATION OF LEADER TIME O Lord, grant such wisdom to the on the Department of Defense author- Members of this Senate that in leading ization bill. Rollcall votes are there- The PRESIDING OFFICER. Under they may be divinely led, that in tak- fore expected each day during this the previous order, the leadership time ing counsel together, they may be in- week. is reserved.

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

S7199

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7200 CONGRESSIONAL RECORD — SENATE June 3, 2003 ENERGY POLICY ACT OF 2003 Mr. DOMENICI. Will the Senator California does not need ethanol to The PRESIDING OFFICER. Under yield? produce cleaner air because the State the previous order, the Senate will re- Mrs. FEINSTEIN. I yield. has developed its own unique gasoline sume consideration of S. 14, which the Mr. DOMENICI. I thank the Senator formula. Refiners use an approach clerk will report. for coming early this morning and of- called the predictive model which can The legislative clerk read as follows: fering an amendment to help us get produce clean burning reformulated A bill (S. 14) to enhance the energy secu- this bill going. We will be arranging a gasoline with oxygenates, with less rity of the United States, and for other pur- sequencing of these amendments later than 2 percent oxygenate or with no poses. in the day. I thank the Senator for oxygenate at all. Pending: bringing forth the amendment at this Frist/Daschle amendment No. 539, to elimi- time. As Red Cavaney, president of the nate methyl tertiary butyl ether from the Mrs. FEINSTEIN. This is an amend- American Petroleum Institute, said in U.S. fuel supply, to increase production and ment to the pending first-degree eth- March before the Energy and Natural use of renewable fuel, and to increase the Na- anol mandate amendment to provide Resources Committee: tion’s energy independence. Domenici/Bingaman amendment No. 840, to authority to the Administrator of the Refiners have been saying for years that reauthorize Low-Income Home Energy As- Environmental Protection Agency to they can produce gasoline meeting clean- sistance Program, (LIHEAP), weatherization waive the ethanol mandate if a State burning fuels and federal reformulated gaso- assistance, and State energy programs. or region does not need to meet the re- line requirements without the use of Domenici (for Gregg) amendment No. 841 quirements of the Clean Air Act. oxygenates. . . . In addition, reformulated (to amendment No. 840), to express the sense We all must understand this ethanol blendstocks—the base in which oxygenates of the Senate regarding the reauthorization amendment is a permanent mandate. are added—typically meet RFG performance of the Low-Income Home Energy Assistance requirements before oxygenates are added. Act of 1981. Regardless of what advances are made in technology, whether a hybrid en- These facts demonstrate that oxygenates are The PRESIDING OFFICER. The dep- not needed. uty leader. gine, whether a hydrogen-driven en- Mr. MCCONNELL. Mr. President, it is gine, regardless of any advance, this As a matter of fact, virtually every my understanding that Senator DOMEN- ethanol mandate is forever. Therefore, refiner I talked to says if you want to ICI, the chairman of the committee, it offers very real concern. clean the air, give us flexibility, allow will be in the Chamber shortly. Pend- In the pending first-degree ethanol us to blend gasoline to do that. In ing his arrival, I suggest the absence of amendment, there is a waiver now that other words, set the standards as the a quorum. allows the Administrator of the EPA to Clean Air Act does and allow us to The PRESIDING OFFICER. The waive the ethanol amendment if it have the flexibility needed to meet clerk will call the roll. would harm the economy or the envi- those standards. ronment of a State, a region, or the The assistant legislative clerk pro- This mandate prevents that. It is United States. I believe the EPA Ad- ceeded to call the roll. driven by the self-interest of the corn Mrs. FEINSTEIN. Mr. President, I ministrator should also be able to States and driven by the self-interest ask unanimous consent that the order waive the ethanol mandate if a State of the ethanol producers, of which the for the quorum call be rescinded. or a region does not need ethanol to largest beneficiary is Archer Daniels The PRESIDING OFFICER. Without make the air cleaner and meet the re- Midland. Archer Daniels Midland will objection, it is so ordered. quirements of the Clean Air Act. Why control 46 percent of the ethanol mar- Mrs. FEINSTEIN. What is the order require something that is not needed? of business? ket, with every other company control- The PRESIDING OFFICER. The Sen- Why require it if there should be an advance in technology that makes the ling not more than 6 percent of the ator must ask unanimous consent to market. In essence, what we are doing set aside the pending amendment. use of ethanol unnecessary? California and other States that do is giving a huge transfer of wealth to Mrs. FEINSTEIN. I ask unanimous one American company, an American consent to set aside the pending not need ethanol to meet the requirements of the Clean Air Act should be company that has been convicted of amendment. corrupt practices in the 1990s. The PRESIDING OFFICER. Without allowed to make their case to the EPA objection, it is so ordered. and then the Administrator can decide I have real problems with this bill. AMENDMENT NO. 843 TO AMENDMENT NO. 539 if the ethanol mandate should be As I said, California can achieve clean Mrs. FEINSTEIN. Mr. President, I waived. air without the use of oxygenates. The send an amendment to the desk. For California, the ethanol mandate State has long sought a waiver of the 2- The PRESIDING OFFICER. The will force more ethanol into our fuel percent oxygenate requirement. I have clerk will report. supply than we need to achieve clean written and called former EPA Admin- The legislative clerk read as follows: air. The mandate forces California to istrator Browner, the current Adminis- The Senator from California [Mrs. FEIN- use over 8 years 2.5 billion gallons that trator, Christine Todd Whitman, and STEIN] proposes an amendment numbered 843 the State does not need. President Clinton and President Bush, to amendment No. 539. This chart makes very clear this is a urging approval of a waiver for our Mrs. FEINSTEIN. Mr. President, I superfluous mandate. The blue shows State. Yet both the Clinton adminis- ask unanimous consent that the read- what California needs in terms of eth- ing of the amendment be dispensed tration and the Bush administration anol over the next 8 years, to 2012. The have denied California’s request. De- with. top amount is 143 million gallons. It The PRESIDING OFFICER. Without spite the scientific evidence, it is un- averages about 140 million gallons a likely that the EPA Administrator will objection, it is so ordered. year. California could use that amount The amendment is as follows: ever grant a waiver for California, but and meet all of the clean air standards. (Purpose: To allow the ethanol mandate in I believe the necessity of the ethanol This bill requires California to use over the renewable fuel program to be sus- mandate for a State or region should this period of time up to 600 million pended temporarily if the mandate would be something the EPA Administrator gallons, so it almost triples in the out- harm the economy or environment) considers. I don’t believe it is too much years the amount of ethanol that is On page 12, strike lines 19 through 24 and to ask for the EPA to consider if eth- insert the following: forced on California beyond its need. anol is needed in a specific State or re- ‘‘(i) based on a determination by the Ad- This is a real problem in terms of legis- gion when determining if a waiver from ministrator, after public notice and oppor- lation. Why would anyone force some- the mandate should be granted. tunity for comment, that implementation of thing on a State that it does not need the renewable fuel requirement— and then provide, if the State does not As I say, this amendment simply ‘‘(I) is not needed for the State or region to use it, that it has to pay anyway? amends the waiver part of the Frist- comply with this Act because the State or Daschle bill to permit a waiver in the region can comply in ways other than adding If anything is poor public policy, this renewable fuel; or ethanol mandate is poor public policy. event that a State can demonstrate to ‘‘(II) would harm the economy or environ- It also actually achieves a transfer of the EPA Administrator that it can ment of a State, a region, or the United wealth from all States to the midwest meet the clean air standards without States; or’’. corn States. the use of ethanol.

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7201 I hope this amendment will have an The transition to ethanol which began in To add insult to injury, the Demo- opportunity of being agreed to. I be- January of 2003 is progressing without any cratic leader says this doesn’t require lieve it is the right thing to do. I be- major problem. States to use it. Then I ask the ques- lieve it is the good public policy thing Those are their words, not mine. tion: Why does his legislation exempt to do. I believe that creating a man- There has been no ethanol shortage, no Alaska and Hawaii? If it doesn’t force date preventing flexibility in the transportation delay, no logistical States to use it, why is there an ex- blending of gasoline forever—which problems associated with the increased emption that exempts Alaska and Ha- this mandate does—is flawed and po- use of ethanol. Thus, efforts to carve waii? Let me read it to you, on page 4 tentially dangerous public policy. out California from the RFS, while un- of the bill: I yield the floor. justified, are also completely unneces- Not later than 1 year after the date of en- The PRESIDING OFFICER. The sary. actment of this paragraph the administrator Democratic leader. We have to keep beating down these shall promulgate regulations to ensure that Mr. DASCHLE. Mr. President, I wish myths and these concerns generated by gasoline sold or introduced into commerce in to comment on some of the arguments those who oppose the renewable fuels the United States, except in Alaska and Ha- raised by a very dear friend of mine, standard. waii, on an annual average basis, contains my colleague from California, Senator I might also say the Senator from the applicable volume of renewable fuel determined in accordance with subparagraph FEINSTEIN. California might want to explain why First, let me say that 65 percent of she is supportive of the renewable port- (b). all the gasoline utilized today in Cali- folio standard without waivers. She is, Mr. DASCHLE. Will the gentle—the fornia is blended with ethanol—65 per- as I am, a consistent advocate of the Senator yield for an answer to that cent. They expect that it will be 80 per- renewable portfolio standard that we question? cent this summer. So four out of five will address later on in the debate on Mrs. FEINSTEIN. Yes, except I am gallons of gasoline in California will al- energy, which is, in concept, identical not feeling too gentle at the moment, ready be blended with ethanol. I am to the renewable fuels standard. Yet but I am happy to. not sure I understand what motivation she is in support of many waivers for Mr. DASCHLE. I know she does, be- there will be to seek a waiver, when 65 the renewable portfolio standard. So on cause she does want to know the an- to 80 percent of all the gasoline is al- the one hand, while she supports port- swer to that question. It goes back to ready blended. That is No. 1. folio nationalization, she would sug- the first comment she made. The first No. 2, my colleague noted that she gest a renewable fuels exemption for comment is that California is forced. has applied to EPA—she and the State waivers in California. California is forced to have a certain of California have sought a waiver No one cares more for her State. No standard, meeting the clean air re- under current law. That is the point. one is more articulate on these issues. quirements passed in the law of 1991. The renewable fuels standard will actu- No one has studied these issues more That is a requirement that the whole ally provide greater flexibility, greater than has she. We will carry on this de- country is forced to live with. opportunities for States to seek waiv- bate for months, if not years, to come. You have to meet that clean air re- ers than what they have right now. At the end of the day, I will respect her quirement. What California has chosen The waiver she is applying for is the and admire her tenacity and persist- to do—wisely, in my opinion—is to use waiver that she seeks under the law ence as much as anybody in this Cham- ethanol to accommodate the goals and that was passed in 1991. She is frus- ber. I just happen to strongly disagree requirements set up for the entire Na- trated that there has been no positive with her in this case. I know that is her tion with regard to cleaning up the air response on the part of EPA. I can un- feeling with regard to my position. So that many of us voted overwhelmingly derstand her frustration with that re- we will agree to disagree and move on. to do in the early 1990s. fusal. But we are talking about the I yield the floor, having had the op- Here is the key issue. This isn’t some current law. What we are suggesting, of portunity to respond to some of the ethanol advocacy group that said this. course, is that under the new law there issues raised. This isn’t a group of us here in the Sen- will be waiver authority if a case can Mrs. FEINSTEIN. Mr. President, I ate that have said this but the Cali- be made that somehow this is disrup- look forward to responding to the dis- fornia Energy Commission, having tive. tinguished Democratic leader, with studied very carefully the utilization Let me emphasize something. There whom I profoundly disagree. The dis- and the acquisition of ethanol to meet is a very significant misperception tinguished Democratic leader made the these clean air requirements, said in here that somehow this renewable fuels point—well, California is already using January of this year that ‘‘the integra- standard is a mandate on States. There ethanol in its gasoline. My goodness, it tion of ethanol is progressing without is not one word in this bill that re- is already using it up to 65 percent. one major problem . . . no shortages, quires California or New York or any California is forced to use it. It is no transportation delays, no logistical State to mandate the utilization of forced to use it. Yet it doesn’t need to problems associated with the increased ethanol. It is not in there. What it does use it. That is my point. The egregious use of ethanol in the State.’’ is impose a requirement on refiners. 2-percent Federal oxygenate require- That is the response to the first part The refiners are the ones that are ment forces California to move in this of the question. going to have to blend ethanol. They direction if it is going to phase out Why Alaska and Hawaii? Frankly, I can go to the part of the country where MTBE, which is another oxygenate didn’t favor carving out Alaska and it makes the most sense. There is not which has been shown to have very det- Hawaii because I think we could say any requirement that States have some rimental environmental and health ef- categorically, regardless of cir- percentage of their transportation fuel fects. The Governor has said he is cumstances. But Senators from Alaska utilized for purposes of meeting the re- going to phase it out by the end of this and Hawaii were concerned about the newable fuels standard. year. Consequently, to meet the 2-per- fact that they are not part of the con- We have, as I know the distinguished cent oxygenate requirement—which I tiguous United States; that if you are Senator knows, a credit trading pro- think is flawed public policy—again, ever going to come into an issue in- gram in addition which ensures that California is forced to begin to use this volving transportation, Alaska and Ha- ethanol is going to be used where it is ethanol. waii may ultimately create transpor- most economical. The refiners can The Democratic leader also says that tation issues which do not exist in the make that decision—where it is mar- I have supported a renewable portfolio continental United States among the ketable, where it is not. But I would standard. In fact I have. California has contiguous States. As a result, giving argue if 65 percent is any indication of a renewable portfolio standard. It is for them the benefit of the doubt in the the marketability of ethanol, it is al- wind, it is for solar, it is for alternative first phase of this integration is some- ready being used in the State of Cali- energies, and California has set it at 10 thing I am willing to accept even fornia and it will be used even more percent. Yes, I support that. That is to- though I am not prepared to support. this summer. tally different than an ethanol require- But there is no question, based on In March, the California Energy ment, which is not a renewable energy current utilization and based on the Commission stated that: source like solar or wind. Department of Energy in California

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7202 CONGRESSIONAL RECORD — SENATE June 3, 2003 that said themselves there is no inte- ards that it should not be required to I have seen all these articles, and gration problem. use ethanol? What objection does he they all have agendas and they all are That is the reason. have to that? written in subjective ways to make a I thank very much the Senator from Mr. DASCHLE. Mr. President, I point. I thought there was one again in California yielding on that question. would be happy to respond. The answer the Post this morning. Mrs. FEINSTEIN. I thank the distin- is that is exactly what we do in the But, nonetheless, I think it would be guished Democratic leader. bill—exactly. We provide a waiver. hard for the Senator from California to I would like to refute his comment Under the new application, the State of argue against her own Department of on how well things are going in Cali- California, if they can make the case Energy when it comes to the calcula- fornia and ethanol being accommo- that they shouldn’t be held responsible tion of the integration of the ethanol. dated by reading an article in the Los or shouldn’t be held to the requirement I know that is not her intention. I Angeles Times of May 10. of the legislation, is entitled to the think that is what we really have to California gasoline prices rose higher and waiver. That is No. 1. make sure is in the Record—a recogni- faster than pump prices elsewhere in the na- No. 2, the Senator from California tion after careful study that there real- tion this year because of supply problems still has yet to say why on the one ly wasn’t any impact on the price of caused by refinery repairs and the transition hand she is prepared to support a re- gasoline with the integration of eth- to a new clean-fuel additive, the U.S. Energy Department said Friday. newable portfolio standard applicable anol. Refiners in the state are switching to eth- to all States but not a renewable fuels I believe she has the floor and she anol as part of the recipe for cleaner-burning standard. She isn’t willing to do that. yielded to me. I would be happy to re- fuel, eliminating water-polluting methyl ter- So there is an inconsistency there that linquish the floor so she can regain it. tiary butyl ether, or MTBE, in advance of a I find interesting. Mrs. FEINSTEIN. I thank the distin- Jan. 1 State ban. Let me go back. guished Democratic leader. This change in fuel additives, designed to Mrs. FEINSTEIN. Will the Senator As I understood what he said, he said meet the Federal oxygen requirement for yield on that point? there is a waiver in the amendment. gas, helped push California gas prices higher Well, indeed there is a waiver in the and might leave the state short of supplies Mr. DASCHLE. Let me finish, and during peak summer driving months, the re- then I would be happy to yield. amendment. It is on page 12 of the port by the Energy Information Administra- She quoted an article. She has had as amendment. It begins on line 12. I tion said. much experience as I have had with would like to read it: That in turn could trigger more frequent journalism in the country, and in our The Administrator, in consultation with price spikes, said the EIA, the Energy De- lives. I don’t know what journalistic the Secretary of Agriculture and the Sec- partment’s research and statistical arm. The publication that may have come from. retary of Energy, may waive the require- agency said the report was a preliminary as- But we know this. We know that often- ments of paragraph (2) in whole or in part on sessment and that it plans to release more times these columns are written with a petition by 1 or more States by reducing the detailed findings this fall. national quantity of renewable fuel required ‘‘There is a chance that California could built-in bias, with a built-in point of under paragraph (2)— see a recurring problem with volatility,’’ view, and I doubt that she would argue based on a determination by the Adminis- said Joanne Shore, an EIA senior analyst that all articles are written with an ob- trator, after public notice and opportunity who led the team that produced the report. jective analysis as their motivation. for comment, that implementation of the re- ‘‘Certainly, that is an issue for this summer But you have to think that the Depart- quirement would severely harm the economy that everyone is going to continue to ment of Energy in California would be or environment of a State, a region, or the watch.’’ objective. They certainly aren’t there United States; or The report, requested by Rep. Doug Ose (R– [secondly,] based on a determination by Sacramento), provides more ammunition for touting ethanol as their goal for any- the Administrator, after public notice and California officials who have demanded with- thing other than what they think is opportunity for comment, that there is an out success that the state be freed from the best for California. inadequate domestic supply or distribution Federal requirement to add oxygenates to its I am going to quote. She quoted an capacity to meet the requirement. gasoline. article. I will quote the report from There is no waiver if you can meet I don’t understand why the Demo- California, page III–3, the report of the clean air standards without a re- cratic leader is so determined to force March 28 of 2003, just a couple of newable fuel such as ethanol. There is on those who do not want a special months ago. no waiver in this amendment for that. mandate, which not only he doesn’t Since the price of ethanol to refiners is And if you are so sure of the ground want, but who do not need the special currently at modest levels relative to gaso- you stand on, why, for Heaven’s sake, mandate. We can have as clean a gas as line, the recent increase in California’s gaso- wouldn’t you allow a waiver if we can they can refine in South Dakota, pro- line prices cannot— demonstrate—this is a rhetorical ques- vided they refine gas in South Dakota. Let me emphasize ‘‘cannot’’— tion—if we can demonstrate to the We can do it as well, or better. We can —be attributable to availability or cost of EPA Administrator that, yes, Cali- do it in a reformulated formula which ethanol. fornia, through its formula, can refor- will mean clean air standards. The 2 That is from the California Energy mulate gasoline to meet the Clean Air percent oxygenate requirement was Department report. Act without either a 2 percent oxygen- flawed and the leader is replacing it That isn’t the only one. That was ate requirement or a renewable fuel to with something equally flawed. Sup- corroborated by the Energy Informa- the extent that we have here? posing in 5 years we have new tech- tion Administration here in Wash- Also, since you are on the floor, I nology that enables the cleaner burn- ington. The report was provided last just want you to see what you are ing engine. We still have to put ethanol month, in May of this year. Let me pressing upon California. As shown on in it, and we still have to put ethanol read from that report on page VII: this chart, this is the amount of eth- in a hydrogen engine. ‘‘Other factors associated with the anol we would have to use, and this is I guess what I object to—and I can go MTBE/ethanol changeover, such as eth- the amount of ethanol your amend- into trade preferences and I can go into anol supply and price, and infrastruc- ment forces us to use. subsidies. Subsidies for a mandate is ture to deliver, store and blend eth- Mr. DASCHLE. Will the Senator incredible. It is just such a bad bill. anol, did not seem to be significant yield on that point? Mr. DASCHLE. Will the Senator issues’’ in the calculation of costs. Mrs. FEINSTEIN. I would appreciate yield again? That is Department of Energy infor- finishing, if I might. Mrs. FEINSTEIN. No. I would like to mation. Mr. DASCHLE. Yes. ask the Democratic leader a question, Here you have the Department of En- Mrs. FEINSTEIN. Yes. The Senator if I might. What objection does he have ergy from California and the Depart- mentioned my support of a renewable against my amendment, which is a ment of Energy from the United States portfolio standard. Indeed, I do support simple amendment which simply says Federal Government both calculating a renewable portfolio standard. But the if the State can provide adequate evi- that there is no impact, pricewise, with renewable portfolio standard is essen- dence to the EPA that it can burn or the integration of ethanol into gaso- tially a percentage requirement that a refine gasoline to meet clean air stand- line—none. State would use of renewable fuels,

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7203 such as wind, solar, biomass, et cetera. dence that three major oil companies requires added gasoline per gallon, that And California has elected to provide acted with malice by polluting ground we really won’t have the refining ca- that 10 percent of its portfolio should water at Lake Tahoe with MTBE be- pacity. And that will create another be in wind, solar, biomass, et cetera. I cause the gasoline they sold was defec- problem for California. have supported that requirement in tive in design and there was failure to I am hopeful the Democratic leader this amendment as well, and California warn of its pollution hazard. would see his way clear to allowing is able to do it, and has been doing it. After a 5-month trial, Shell Oil and California and other States that wish I think that is an extraordinarily posi- Lyondell Chemical Company were to try to submit a case to the EPA, to tive thing. found guilty of withholding informa- say we can refine gasoline to meet I have great concerns about ethanol tion on the dangers of MTBE. The clean air standards with flexibility and because I do not think all of the firms settled with the South Lake without this mandate, the opportunity science has been completed on ethanol. Tahoe Water District for $69 million. to do so. We know ethanol produces a benzene This case demonstrates why we cannot I thank the Chair and yield the floor. plume which can break away in the surrender the rights of citizens to hold The PRESIDING OFFICER. The ground if the fuel leaks from an under- polluters accountable for the harm Democratic leader. ground—the minority leader is smiling, they inflict. Yet this amendment has a Mr. DASCHLE. Mr. President, I will but I wonder if this same discussion safe harbor provision, and if I should be have to depart the floor in a moment. took place when MTBE was introduced right, and if there should be—and I Let me attempt to respond again to and people thought it was going to be hope there are not—undue environ- some of the concerns raised by the dis- just fine. It has polluted about 20,000 mental or health consequences from tinguished Senator from California. wells in California and has shown to this mandate, consumers cannot use I remind my colleagues that Cali- have a significant hazard. their right to go to court to find jus- fornia is currently using ethanol in 65 Now, I think to dismiss this as being tice. percent of the gasoline that it markets. wonderful for the environment is not So I do not know how those who That would go up to 80 percent this quite correct because we know it re- favor this legislation can exempt the summer. It has gone up to 80 percent. duces some components, but we also ethanol industry from this kind of Four out of five gallons in California know it increases other components in wrongdoing. It is not as if the industry will be using ethanol, and the Depart- the air that produce smog and ozone. has not had some wrongdoing in the ment of Energy in California has said And California has two of the most dif- past. So I urge everyone—I know my there has been no disruption, no prob- ficult nonattainment regions in the colleague is going to move this amend- lems. There has been absolutely noth- United States, one of them being the ment that would remove the safe har- ing they can point to that would be dis- Los Angeles area, the other being the bor provision, and I certainly intend to advantageous just to the consumer. Fresno area. I don’t know whether this support her in doing so. Why the Senator from California requirement will, in fact, result in I still—although many other things would believe so strongly about a waiv- California’s two difficult areas increas- have been proposed or said by the dis- er when one certainly is not needed, ing in smog, but I do think that pro- tinguished Democratic leader—I do not given current experience, is not an an- viding flexibility to a manufacturer to understand why he would have opposi- swer I can provide. be able to produce reformulated fuels tion to my amendment, why he would Methyl tertiary butyl ether, MTBE, that meet the requirements is impor- say that if the State can prove we can is not something many of us were sup- tant. portive of when we integrated it in the The other thing that is of concern to produce gasoline without a 2-percent first place. This was something that me, since we are on this, is the safe requirement or without this ethanol coal companies and many of the petro- harbor provision. I know my colleague mandate that meets clean air standards, we cannot get a waiver. That is leum refiners wanted as an alternative from California, Senator BARBARA all we are asking for, that opportunity to ethanol. So it was a compromise. BOXER, is going to offer an amendment Many of us raised questions even then, that would remove the safe harbor. The to make a showing that that is the back in 1991, whether it was going to be American Petroleum Association, as case. Yet the Democratic leader has they have indicated to me, agreed to produced a lot of other things but has advantageous for us. We predicted that support this largely because they were not answered why there should not—if there could be some issues involving protected from any liability. you are going to have an economic the use of MTBE, and those predictions My understanding is, there is a provi- waiver and an environmental waiver— were borne out. sion in the amendment offered by the why you cannot have a waiver if a As the case now has demonstrated, two leaders that would shield ethanol State can show that it does not need we are phasing out MTBE, as we producers and refiners from any liabil- ethanol to maintain clean air stand- should. But ethanol has shown itself ity if the fuel additive harms the envi- ards. now for 20 years to be what we said it ronment or public health. Candidly, I So I think it is an eminently fair was. It has proved to be, as advertised, find this safe harbor provision aston- amendment, and I just have a hard the kind of clean-burning fuel that we ishing. Ethanol is subsidized by the time understanding why we would be have sought to increase not only clean Government, protected from foreign so anxious to pass this kind of public air and the oxygen in gasoline but competition by high trade barriers, and policy that mandates on States a use many other advantages. now, on top of mandating its use, we when most people, I think, have de- Here is one fact I hope my colleagues are going to exempt the fuel additive rided and derogated mandates from the will remember: In the year 2002, be- from liability in this amendment. This Federal Government. cause this country incorporated eth- is unconscionable, and I think it is I would like to make one more point. anol into gasoline, the Department of egregious public policy to mandate The last time I looked—and this may Energy estimated that we will have re- ethanol into our fuel supply in the first have changed—but California is almost duced—it could have been EPA; don’t place and, even worse, to provide it up to 100 percent of its refining capac- hold me to the source but a govern- with a complete liability protection be- ity. My understanding is, if you put mental analysis done on the effects of fore scientific and health experts can ethanol in—probably not in the early ethanol—greenhouse gases by 4.3 mil- fully investigate the impact of tripling years, but in the outyears—to the ex- lion tons. That is the equivalent of ethanol in the air we breathe and the tent required, we will not have the re- 636,000 cars taken off the road. That is water we drink. fining capacity available to maintain what we have been able to do just in 1 As I said, this is exactly the mistake this mandate with adequate gasoline. year, 636,000 cars taken off the road, we made with MTBE. Over the past California is predicted to have 50 mil- the equivalent of which we have now several years, we have learned that lion people by 2020. They drive. They acquired or achieved as a result of the MTBE has contaminated our water and use gasoline. And I very much worry utilization of ethanol. may, in fact, be a human carcinogen. that refining capacity, which is about Again, as to the chart, I don’t know Last fall, a California jury found that 98 percent at the present time because where it came from, but I will tell the there was clear and convincing evi- MTBE minimizes gasoline and ethanol Senate what the American Petroleum

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7204 CONGRESSIONAL RECORD — SENATE June 3, 2003 Institute and the California Energy appreciate her efficacy and yield the others should not be limited in the ability to Commission, the Senator’s own com- floor. take strong action to address pollution prob- mission, have said. California will need The PRESIDING OFFICER. The Sen- lems caused by MTBE. ator from New Mexico. I remain steadfast in my support for elimi- to use 843 million gallons of ethanol to nation of the two percent oxygenate require- meet the clean air requirements next Mr. DOMENICI. Might I say to the ment. Studies have consistently dem- year, according to API, but under this two Senators debating the issue, be- onstrated that this requirement is not nec- amendment they will only have to use cause of management problems, it ap- essary to achieve air quality goals and that 252 million gallons. They are already pears this amendment will be set aside it unreasonably raises the price of gasoline using 600 million this year. California and will be voted on later in the in California. is using 600 million. The requirement evening but today, along with as many Some have suggested that California would be that they use 252. There are votes as we can stack with it, some- should go along with the safe harbor as a time after 4 o’clock this afternoon. I small price to pay for elimination of the two the California Energy Commission percent mandate. I disagree. Such a tradeoff comments. assume that is satisfactory to the Sen- makes no logical sense. Elimination of the Governor Gray Davis, quoted on ator from California and the minority costly and unnecessary oxygenate require- March 15, 2002: leader. ment has nothing to do with assuring that Let’s let the Daschle bill pass. Have a nice I yield the floor. the State of California has a full array of en- schedule that will affect the entire country, The PRESIDING OFFICER. The Sen- forcement and restitution options available phase ethanol in, protect the environment. ator from California. to address MTBE caused pollution problems. That is a quote from the California Mrs. FEINSTEIN. It is. While the In short, I do not support a tradeoff that Democratic leader is still on the floor, puts at risk the health of the citizens of this Governor. State. California EPA Secretary Winston I would like to address his comment I also look forward to continuing to work Hickox: about California’s support, theoreti- with you on these important issues. We need the Federal law changed for the cally, which I don’t think is correct. I Sincerely, flexibility that we are not in opposition to address it with a letter from the Cali- WINSTON H. HICKOX, the stairstep in terms of the increase of the fornia Environmental Protection Agen- Agency Secretary. use of renewable fuels on a national basis. cy. California is very eager to get out AMENDMENT NO. 844 TO AMENDMENT NO. 539 Potentially, ethanol is a creator of business from under the 2-percent oxygenate re- Mrs. FEINSTEIN. Mr. President, I and jobs in California. quirement. Just to sum up this last send another amendment to the desk. These are from California officials. paragraph of an April 7 letter from Mr. The PRESIDING OFFICER. Without One other issue, safe harbor. I was in- Winston Hickox, the agency Secretary, objection, the pending amendment is terested in comments made by the dis- it says: set aside. tinguished Senator from California on Some have suggested that California The clerk will report. safe harbor. She actually supported should go along with the safe harbor as a The bill clerk read as follows: safe harbor legislation on Y2K in 1999. small price to pay for elimination of the 2 The Senator from California [Mrs. FEIN- There was no concern then about safe percent mandate. STEIN], for herself, Mr. NICKLES, Mr. MCCAIN, harbor problems when she voted for it. I disagree. Such a tradeoff makes no log- Mr. KYL, Mr. GREGG, Mr. WYDEN, Mr. LEAHY, My other colleagues have voted for it ical sense. Elimination of the costly and un- Mr. SCHUMER, Mr. SUNUNU, and Mr. REED, as well. necessary oxygenate requirement has noth- proposes an amendment numbered 844. ing to do with assuring that the State of Mrs. FEINSTEIN. Mr. President, I Let me make sure people understand California has a full array of enforcement what we are talking about with regard and restitution options available to address ask unanimous consent that further to safe harbor. What we did was say if MTBE-caused pollution problems. In short, I reading of the amendment be dispensed there is a defect in design or manufac- do not support a tradeoff that puts at risk with. ture of renewable fuel by virtue of the the health of the citizens of the State. The PRESIDING OFFICER. Without legislation we are mandating these I ask unanimous consent that this be objection, it is so ordered. companies to use, then we will exempt printed in the RECORD. The amendment is as follows: them from liability as a result of the The PRESIDING OFFICER (Mr. (Purpose: To authorize the Governors of the mandate. Do you know how many cases ENZI). Without objection, it is so or- States to elect to participate in the renew- that is? That is estimated to be two dered. able fuel program) one-thousandths of 1 percent—not two There being no objection, the mate- On page 6, between lines 17 and 18, insert one-hundredths, not two-tenths but rial was ordered to be printed in the the following: two one-thousandths of 1 percent of all (C) ELECTION BY STATES.—The renewable RECORD, as follows: fuel program shall apply to a State only if cases involved situations where we are CALIFORNIA ENVIRONMENTAL the Governor of the State notifies the Ad- providing safe harbor. PROTECTION AGENCY, ministrator that the State elects to partici- I will tell you what we are not cov- Sacramento, CA, April 7, 2003. pate in the renewable fuel program. ering. We are not covering negligence. Hon. DIANNE FEINSTEIN, Mr. DOMENICI. Mr. President, what We are not covering the duty to warn. U.S. Senate, Hart Senate Office Building, Washington, DC is the amendment? We are not covering personal injury. Mrs. FEINSTEIN. The amendment We are not covering property damage. DEAR SENATOR FEINSTEIN: Governor Gray Davis has asked that I respond to your would give the right to the Governors We are not covering wrongful death. March 24, 2003, letter regarding the fuels proof States to opt into the program. We are not covering compensatory vision in the new energy bill being consid- Mr. DOMENICI. I assume it would be damages or punitive damages. We are ered by the 108th Congress. a second-degree amendment. not covering all of those things about You asked if Governor Davis agrees with Mrs. FEINSTEIN. A second degree to which the Senator from California has my statement that ‘‘. . . California would the Frist-Daschle amendment, yes. expressed concern. They are covered. rather have the status quo instead of lim- Mr. DOMENICI. Is it in order without iting MTBE liability and getting an oxygen- They are in there; two one-thousandths a consent agreement? of 1 percent providing the same safe ate waiver.’’ The Governor does agree with this statement; we both feel that limiting li- The PRESIDING OFFICER. The Sen- harbor she voted for with the Y2K leg- ability for MTBE is the wrong approach. I ator got permission to set aside the islation in 1999. appreciate the opportunity to discuss which pending amendment by unanimous con- I will have to move on to other mat- ‘‘fuels provisions’’ are appropriate for inclu- sent. ters in my schedule. I appreciate the sion in any comprehensive federal energy Mr. DOMENICI. She already did opportunity to discuss many of the legislation. Specifically, I would like to that? questions with the distinguished Sen- focus on the MTBE safe harbor language and The PRESIDING OFFICER. That is ator from California. I have no greater the two percent oxygenate requirement. correct. respect for anybody in the Chamber As a matter of policy and to preserve our legal options, I am strongly opposed to an Mr. DOMENICI. I thank the Chair. than I do her. I consider her a wonder- MTBE safe harbor. Industry made a cal- Mrs. FEINSTEIN. I thank the Sen- ful and close personal friend. This issue culated business decision to use MTBE with ator from New Mexico. has forced us to agree to disagree for full knowledge that it was a serious threat Mr. President, this second-degree years. This year will be no different. I to groundwater. The State of California and amendment to the first-degree ethanol

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7205 amendment would require the Gov- building new capacity. Refiners also face If the ethanol amendment proves ernor of each State to opt into the eth- costs in adding ethanol to their products. itself, if it cleans the air and does not anol mandate. Senators NICKLES, According to independent consultant Hart pollute the air with increased ozone or Downstream Energy Services, the mandate MCCAIN, KYL, GREGG, WYDEN, LEAHY, would cost consumers an extra annual $8.4 smog and if it is cost effective, Gov- SCHUMER, REED, and SUNUNU are co- billion at the pump the first 5 years. New ernors will want to include their sponsors of this amendment. I thank York and California would see gas prices rise States. In fact, I believe most States in them for their support. by 7 to 10 cents a gallon. the Midwest will opt into the ethanol The pending first-degree ethanol So Hart Downstream Energy Services mandate because that is where 99 per- amendment mandates 5 billion gallons is estimating an annual $8.4 billion in- cent of the ethanol is produced. of ethanol into our fuel supply by 2012, crease cost at the pump over the first The belief is there are 69 votes to yet it exempts Alaska and Hawaii from 5 years. They are saying that New York support this ethanol mandate in this this nationwide mandate. I strongly be- and California would see gas prices rise House. If that is true, what are they lieve that each State should have this by 7 to 10 cents a gallon. Therefore, worried about? We would have 34 or 35 choice. any shortfall in supply, either because States automatically opting in. Why In the Environment and Public of manipulation or raw market forces, not give those few States that have Works Committee, Senator MURKOWSKI will be exacerbated on the west and the real concerns and want out of the 2- offered an amendment to the ethanol east coasts, which will be reliant on percent oxygenate mandate and also mandate to exempt Alaska and Hawaii ethanol coming from another region of out of the ethanol mandate the oppor- from the requirement because, first, the United States. Are we not just ask- tunity to show that they can reformu- Alaska and Hawaii are a great distance ing for trouble by mandating ethanol late gasoline to meet clean air stand- from the Midwest, where 99 percent of nationwide if it is produced almost en- ards without the amount that is pre- the ethanol is produced in the United tirely in one region? scribed upon them by this mandate? States; secondly, families and busi- The fraud and manipulation that This year we saw retail gasoline nesses in Alaska and Hawaii would went into the California energy market prices across the U.S. In the United have to pay exorbitant costs for eth- 2 years ago wasn’t expected, nor did States, retail gas prices rose from $1.44 anol to be shipped to these States and anyone ever believe it would happen. to $1.73 per gallon over the first 10 blended into their gasoline. But it did. I think there is a problem weeks of this year. California’s gaso- I have the same concerns about in- when you concentrate too much con- line prices rose even more precipi- creased fuel costs to families and busi- trol in either one region or in one pro- tously than across the United States, nesses in California if the ethanol man- ducer. As you know, this bill does both. climbing from $1.58 a gallon on Janu- date becomes law. I am sure other Sen- The largest production center is the ary 1 to a record setting $2.15 a gallon ators up and down the east and west Midwest, and the largest producer is on March 17. coasts have the same concerns I do. Archer Daniels Midland, and they I recall on a recent weekend during Because moisture causes ethanol to produce 46 percent of the supply. This that period when I was in the State, I separate from gasoline, the fuel addi- sets up a scenario that leads to the actually paid, for the first time in my tive cannot be shipped through tradi- concern, I believe, of both coasts about life, $50 for a tankful of nonpremium tional gasoline pipelines. Ethanol this mandate. gasoline. needs to be transported separately by Since Alaska and Hawaii have an ex- Since the middle of March, gasoline truck, boat, or rail, and blended into emption in the ethanol mandate, why prices have decreased largely due to gasoline after arrival. Unfortunately, not give other States the opportunity the decrease in the price of crude oil this makes the 1- to 2- to 3-week deliv- to choose whether they want to enter since the war in Iraq has ended. But ery time from the Midwest to either the program? Why not give this choice gasoline in my State still sells for coast dependent upon good weather to California, Oregon, Washington, around $1.80. That is still up 30 cents conditions as well as available ships, Maine, New Hampshire, Vermont, Mas- from the beginning of the year. trucks, and trains equipped to handle sachusetts, Rhode Island, Connecticut, One reason prices are so high is that large amounts of ethanol. New York, New Jersey, Pennsylvania, the 1990 Clean Air Act required States According to Steve Larson, former Delaware, Maryland, Virginia, North to use fuel additives, called executive director of the California En- Carolina, South Carolina, Georgia, and oxygenates, that we no longer need to ergy Commission: Florida? These are States that are far achieve cleaner air. This ethanol man- The adequacy of logistics to deliver large from the Midwest but where families date offered by the majority and mi- volumes of ethanol to [California] on a con- and businesses will have to pay more nority leaders will only trade one bad sistent basis is uncertain. for gasoline under the ethanol man- requirement, the 2-percent oxygenate In sum, it will be extremely costly to date. requirement, for another, the ethanol ship large amounts of ethanol to Cali- This ethanol mandate forces ethanol mandate, because now we will be man- fornia and other States. into our fuel supply nationwide, and dating 5 billion gallons of ethanol into I believe every State outside the Mid- under the credit trading provisions of our fuel supply. west will have to grapple with how to the mandate, if States do not use the Since there are high costs for States, bring ethanol to their States since the ethanol, they have to pay for it any- such as California, to comply with any Midwest controls 99 percent of the pro- way. This really adds insult to injury. mandated Federal requirement, and duction. Last year, the General Ac- If you do not use it, you have to pay for these costs are passed on, as we all counting Office indicated how unequal it anyway. What kind of public policy know, to drivers at the pump, the eth- the effects of the mandate will be is that? anol mandate amounts effectively to a across the Nation. As the GAO re- Additionally, forcing States to use hidden gas tax, and I think consumers ported: ethanol they do not need and forcing should know that. In fact, when we States to pay for ethanol they do not pass this mandate, not only are we Ethanol imports from other regions are vital. However, any potential price spike use amounts to a transfer of wealth passing subsidies for the industry, not could be exacerbated if it takes too long for from all States to the midwest corn only are we mandating its use, but we supplies from out-of-State (primarily the States. are also providing a gas tax raise. Midwest, where virtually all of the produc- Remember, ethanol is not necessary Instead of mandating 5 billion gal- tion capacity is located). to achieve cleaner air. For California, lons of ethanol into our fuel supply, we Mr. President, on the issue of in- the ethanol mandate will force more should be lifting all mandates, or at creased costs, let me quote from a Wall ethanol into our fuel supply than we least allow the Governor of a State to Street Journal editorial that ran last actually need to achieve clean air. opt in to this mandate if that State year: Once again, I will show you that chart wishes to. We need to provide flexi- If consumers think the Federal gas tax is because the cumulative answer to this bility to refiners for them to optimize ugly, this new ethanol tax will give them chart is that it forces California to use how and what they blend instead of shudders. Moving ethanol to places outside 2.5 billion gallons of ethanol it does not forcing them to blend gasoline with ei- the Midwest involves big shipping fees or need over 8 years, and that is fact. ther MTBE or ethanol.

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7206 CONGRESSIONAL RECORD — SENATE June 3, 2003 Without eliminating these mandates, other way, I believe is wrong-headed Ethanol is an excellent domestic we can expect disruptions and price and short-sighted public policy. source. It is clean burning. It is a spikes during the peak driving months I urge my colleagues to support this homegrown renewable fuel that we can of this summer, on top of the high second-degree amendment. rely on for generations to come. The price motorists are already paying. Before I yield the floor, I remind the renewable fuels standard in this lan- Bob Slaughter, the president of the Chair I have offered two separate guage will displace 1.6 billion barrels of National Petrochemical and Refiners amendments, the EPA waiver first and oil. Ethanol is also good for our Na- Association, wrote in a letter to all the State opt-in as a second free- tion’s economy. Tripling the use of re- Senators last week: standing amendment. newable fuels over the next decade will Forcing ethanol’s use throughout the Na- I yield the floor. reduce our national trade deficit by The PRESIDING OFFICER. The Sen- tion will reduce flexibility in this Nation’s more than $34 billion. By 2012, it will gasoline manufacturing and distribution sys- ator from Ohio. increase the U.S. gross domestic prod- Mr. VOINOVICH. Mr. President, I tem, raise environmental concerns in ozone uct by $156 billion. It will create 214,000 rise today in support of Senate amend- control areas— new jobs, expand household income by ment No. 539, the renewable fuels pack- For me, that is the Los Angeles area an additional $51.7 billion, and save and the Fresno Central Valley area— age to the Energy bill, and to oppose the opt-in and waiver amendments of taxpayers $3 billion annually in re- and will result in increased costs. And this is the Senator from California. duced Government subsidies due to the in addition to the fact that the product is creation of new markets for corn. All uneconomic without the very significant First, I will talk a little bit about the renewable fuels package and its benefit of us who were concerned about the Federal subsidies—a total of roughly $10 bil- farm bill that passed last year are con- lion—it has received for 25 years. to the people of this country. The cerned about these subsidies. The pas- This is not me saying this. This is amendment contains language which was voted out of the EPW Committee, sage of this ethanol amendment will the president of the National Petro- help reduce the subsidy by $3 billion. chemical and Refiners Association of which I am a member, earlier this year. The language establishes a na- The benefits for the farm economy pointing out that ethanol to date has are even more pronounced. As I men- received roughly a $10 billion subsidy tionwide renewable fuels standard of 5 billion gallons by 2012, repeals the oxy- tioned, Ohio is the sixth in the Nation which this bill, of course, continues, in terms of corn production and is and increases. genate requirement for reformulated gasoline under the Clean Air Act, and among the highest in the Nation in Proponents of the ethanol mandate terms of putting ethanol into our gas argue that gas price increases will be also phases down the use of MTBE over 4 years. The language in this amend- tanks. Forty percent of the gasoline in minimal, but their projections do not ment has strong bipartisan support and Ohio is ethanol blend. take into consideration the real-world is the result of long negotiation be- An increase in the use of ethanol infrastructure constraints and con- tween the Renewable Fuels Associa- across the Nation means an economic centration in the market that I have tion, the National Corn Growers Asso- boost to thousands of farm families just pointed out on this chart—con- ciation, the Farm Bureau, the Amer- across my State. Currently, the eth- centration in the marketplace that ican Petroleum Institute, the North- anol production provides 192,000 jobs could lead to price spikes. If I have east States for Coordinated Air Use and $4.5 billion in net farm income na- ever seen a scenario that lends itself to Management, and the American Lung tionwide. The passage of this amend- control of the marketplace and to po- Association. ment will increase the net farm income tential antitrust violations, it is this I am very familiar with the amount by nearly $6 billion annually, which is one. of work that went into drafting the significant. Passage of this amendment Just look at the disparity. It is not compromise legislation. It was lengthy, will create $5.3 billion of new invest- spread out evenly: 46 percent for one it was open, and I was very pleased all ment in renewable fuels production ca- company; Williams, 6 percent; Cargill, of these various groups could get to- pacity. 5 percent; High Plains Corporation, 4 gether and work out that big com- Phasing out MTBE on a national percent; New Energy Corporation, 4 promise, particularly the Senator from basis will be good for our fuel supply percent; Midwest Grain, 3 percent; and Ohio, who has Ashland-Marathon Oil because refiners are under tremendous Chief Ethanol, 3 percent. If I have ever and also represents the sixth largest strain from having to make several dif- seen a scenario for market concentra- State in corn production. ferent gasoline blends to meet various tion, it is this one. I emphasize that the passage of the State clean air requirements. And no The second-degree amendment I have ethanol bill will protect our national new refineries—I want to underscore— offered will require the Governor of a security, help our economy, and pro- no new refineries in this country have State to opt into the ethanol mandate. tect our environment. The amendment been built in the last 25 years. The ef- If the amendment offered by the two the majority and minority leaders have fects of the various State responses to leaders is so fine, so good, so beneficial introduced is a compromise that will the threat of MTBE contamination, infor all of America, then Governors triple the amount of domestically pro- cluding bans and phaseouts on different should want to include their States. duced ethanol used in America. It is an schedules, will add a significant burden The Senators from Alaska and Ha- essential tool to reducing our depend- to existing refineries. waii have worked to allow their States ence on imported oil. I think we all The MTBE phaseout provisions in to be exempted from this mandate. know over 58 percent of the oil we use this package will ensure that refiners That is the first break in the dike. in this country is imported. Last year, will have less stress on their system They said they did not even want to we imported an average of 4,558,000 bar- and that gasoline will be more fungible try it. I believe, and the cosponsors of rels per day from OPEC countries and nationwide. Expanding the use of eth- this amendment believe, each and 442,000 barrels a day from Iraq. Let me anol will also protect our environment every State should have this choice. say that again. Last year, we imported by reducing auto emissions, which will If this program, as put forward by the nearly a half million barrels of oil from mean cleaner air and improved public leaders, is so fine, the Governors will Iraq, and this dependence is not getting health. opt in. If they believe it enables their any better. Use of ethanol reduces emissions of State to have cleaner air, the Gov- The Energy Information Administra- carbon monoxide and hydrocarbons by ernors will opt in. If they believe they tion estimates our dependency on im- 20 percent. Ethanol also reduces emis- can produce the adequate infrastruc- ported oil could grow to nearly 70 per- sions of particulates, which are a real ture, the Governors will opt in. If they cent by the year 2020, and our Presi- problem in this country today, by 40 believe they want to see the tariff pro- dent has stated repeatedly that energy percent. Use of ethanol RFG helped tection, the subsidies, the potential security is a cornerstone for national move Chicago into attainment of the taxes at the pump, their Governor will security. I agree. It is crucial we be- Federal ozone standard, the only RFG opt in. But to force it on a State, when come less dependent on foreign sources area to see such an improvement. It that State does not require it, when it of oil and look to domestic sources to was done in the Chicago area by using can meet the clean air standards in an- meet our energy needs. ethanol.

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7207 In 2002, ethanol use in the United would reduce the impact because refin- no major infrastructure barriers exist States reduced greenhouse gas emis- ers will have the flexibility to use eth- and needed investments on an amor- sions, something we have talked about anol where it makes the most sense tized per-gallon basis are modest and a great deal on the Senate floor, by 4.3 economically. Look around the coun- prevent no major obstacle. million tons. Listen to this: The equiv- try and they can trade, use it where it Let’s talk about our farmers and how alent of removing more than 630,000 ve- makes most sense economically. it helps them. Some of my colleagues hicles from the road. Think of that. In the absence of Federal legislation, have used the supplier ADM, Archer Over the course of the debate on this consumers will likely be subject to the Daniels Midland, as an argument that amendment, several arguments against costs of uncoordinated State action, in- the market is dangerously con- the renewable fuels package have been dividual States adding the MTBE but centrated. Contrary to the charts pre- raised by our colleagues from Cali- cannot change the Federal RFG oxygen sented by the Senator from California, fornia and New York, ranging from content requirement. This bill does with the current industry expansion, concerns that a renewable fuels stand- that; it gets rid of that requirement. ADM, according to the information I ard cannot be met and will raise gaso- The coalition of these two elements have, is at 32 percent of total capacity. line prices to claims that ethanol is will likely lead to higher costs unless By comparison, farmer-owned ethanol bad for the environment and allega- this bill is passed. For instance, Cali- plants have increased their percentage tions that this package will benefit a fornia will ban MTBE in 2004 and the of total production capacity from 20 select number of producers without Federal RFG oxygenate requirement percent in 1999 to 38 percent today. I helping our farmers. These arguments will be left in place if this does not know in my own State when I met re- remind me of the adage that you can- pass. Therefore, California’s required cently with our farm community, there not let the facts get in the way of a ethanol use in 2005 would be 895 million is talk of our farmer community in- good argument. gallons. However, if the fuels provision vesting in two new plants that will be The concerns raised by opponents of of this amendment is enacted, fuel pro- owned by the farmers in the State of the renewable fuels standard con- viders in California would be required Ohio. cerning the impact of RFS, the fuel to use far less ethanol in 2005, 291 mil- Furthermore, when ADM purchased supply, and gasoline prices, while un- lion gallons, which could be even less another ethanol producer last year, the derstandable, I believe are completely with the bill’s credit banking and trad- Department of Justice investigated the unfounded. The fact is, our farmers will ing provisions. impact this would have on competi- be able to meet the ethanol standard, There is a lot of flexibility for States tion. They found that ‘‘the acquisition and the combination of the MTBE to do what is in their best interest. did not warrant challenge in terms of phaseout and oxygenate waiver in this With a State MTBE ban set for Janu- its potential effect in the ethanol mar- package will significantly improve our ary 2004, New York faces a similar situ- ket.’’ fuel supply system and lower costs for ation. Under the status quo, fuel pro- Contrary to claims of entry into the consumers. viders would be required to use 197 mil- marketplace problems, the industry Our farmers can meet the ethanol lion gallons of ethanol in New York in has grown by leaps and bounds over the standard. For 2003, the ethanol indus- 2005. However, if the amendment is past 3 years with 30 new facilities built try is on pace to produce more than 2.7 passed, refiners, blenders, and import- since 2001. According to the Federal billion gallons. The amount of ethanol ers would be required to use or pur- Trade Commission merger guidelines, required under the RFS begins at 2.6 chase credits for even less—100 million entry time of less than 2 years is not billion in 2005. Adequate ethanol supply gallons of ethanol in 2005. considered a barrier to entry. The aver- is simply not an issue. A study concluded by Mathpro, a age entry time of the new ethanol fa- Currently, 73 ethanol plants nation- prominent economic analysis firm, cility is from 15 to 20 months. If the in- wide have the capacity to produce over found that compared with the situation dustry continues to add 8 to 10 facili- 2.9 billion gallons annually. Further, where States are banning MTBE and ties a year through 2012, we will have there are 10 ethanol plants now under the Federal RFG oxygen content re- an additional 70 new facilities across construction which when completed quirement is left in place, the fuels this Nation to take care of any market will bring the total capacity to more provisions would decrease the average control that anyone might want. than 3.3 billion gallons. That is today. gasoline production cost by 2 cents per Both the U.S. Department of Agri- We are talking about 5 billion by the gallon. In addition, the fuels provisions culture and the Congressional Budget year 2012. There is no problem with provide safeguards in the event that Office have recognized the benefit of achieving that goal. RFS would severely harm the economy the investment of the ethanol program California has been cited as a major or the environment or would leave a on the overall health of the Nation’s problem area. However, all but two potential supply and distribution prob- economy. Recently, the USDA stated small refineries have already lem, the RFS requirement could be re- that the ethanol program would de- transitioned from MTBE into ethanol. duced or eliminated. crease farm program payments by $3 California will use close to 700 million The status quo situation creates billion. In its analysis of this amend- gallons of ethanol in 2003 after con- transportation and infrastructure prob- ment, CBO stated the provision would suming roughly 100 million gallons last lems. It is individual State bans, as in reduce direct spending by $2 billion year. Think of that: From 100 million California and New York, which will during 2005 to 2013. last year to 700 million this year. require the transport of large amounts Let’s talk about the impact on the The California Energy Commission of ethanol to States far from where it economy. Tripling the use of renewable has concluded the transition to ethanol is produced. In contrast, a critical ele- fuels over the next decade will also re- ‘‘is progressing without any major ment of this fuels package is a national duce our national trade deficit by more problems.’’ The U.S. Energy Informa- RFS with, as I mentioned, a credit than $34 billion. A lot of our trade def- tion Administration found the transi- banking and trading program to ensure icit has to do with importing oil. It tion went ‘‘remarkably well.’’ The En- that renewable fuels will not have to be will increase the U.S. gross domestic ergy Information Administration stud- in every gallon of gasoline. This will product by $156 billion by 2012. It will ied the RFS without accounting for the allow refineries to use ethanol where it create more than 214,000 jobs. It will impact of banking and trading credits. makes the most sense. expand household income by an addi- This means they analyzed the effective Furthermore, ethanol is already tional $51.7 billion. As I said, it will cost of ethanol being blended at every blended from Alaska to Florida and save taxpayers a lot of money because single refinery and concluded the im- from California to New York. Ethanol of reduced Government subsidies to the pact on refiner costs would be one-half is already transported via barge, rail- agricultural community. of 1 percent per gallon. However, it was car, and ocean-going vessels from mar- The benefits for the farming commu- noted with credit trading ethanol will kets throughout the country. The U.S. nity are even more pronounced. An in- not need to be blended at every refin- Department of Energy studied the fea- crease in the use of ethanol across the ery. Forget about the fact we built into sibility of a 5 billion gallon per year Nation means an economic boost to this the credit trading provision. This national market for ethanol and found thousands of farm families across the

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7208 CONGRESSIONAL RECORD — SENATE June 3, 2003 States through this country. Cur- ing benzene plume would result in fur- It happened. So I am saying to my rently, ethanol production provides ther benzene spread—blending ethanol colleagues, this has been vetted. It has 192,000 jobs and 4.5 billion in net farm usually equates to less benzene in gaso- been discussed. We have a good com- income nationwide. Passage of this line. promise. Let’s not diminish it with the amendment will increase net farm in- According to the Northeast States amendments that are going to be sub- come by $6 billion annually. As I said for Coordinated Air Use Management: mitted to this very important amend- before, it will create 5.3 billion in new We are satisfied to have reached an agreement, this amendment that is so im- investment and renewable fuels produc- ment that substantially broadens the ability portant for our country. tion capacity. of the U.S. EPA and our Nation’s Governors By the way, this bill has to get done Now, the environment. It has been to protect, and in some cases improve, air this year. If we do not get this amend- brought up that ethanol is bad for the quality, and public health as we undertake ment done and deal with the oxygenate environment, that there have been major changes in the Nation’s fuel supply. program and the MTBE, we are going problems and red flags thrown about Also, after an environmental impact to have chaos—chaos. If the people in the use of ethanol. analysis, the California Environmental California and New York think the gas- The Clean Air Act’s reformulated Policy Council gave ethanol a clean oline price is high now, if this is not gasoline program requires the same bill of health and approved its use as a passed, it will go sky high. smog-reducing characteristics for gaso- replacement for MTBE in California I am saying to everyone, please, let’s line whether blended with MTBE or gasoline. support this amendment and vote ethanol. In other words, if you use eth- The fuels agreement is supported by against any of the amendments to this anol you still must comply with the the American Petroleum Institute; the amendment that are being submitted Act. Renewable Fuels Association; the by some of my colleagues. The RFS agreement includes strong Northeast States for Coordinated Air I yield the floor. anti-backsliding provisions that pro- Use Management—NESCAUM; the The PRESIDING OFFICER. The Sen- hibit refiners from producing gasoline American Lung Association; U.S. ator from New Hampshire. Mr. SUNUNU. Mr. President, I rise in that increases emissions once the oxy- Chamber of Commerce; US Action; the support of the amendment offered by genate requirement is removed. A Gov- Union of Concerned Scientists; the En- the Senator from California, the sec- ernor can also petition EPA for a waiv- vironmental and Energy Studies Insti- tute; the Governor’s Ethanol Coalition. ond-degree amendment, that I think er of the ethanol requirement based on injects a level of fairness in the under- supporting documentation that the We have heard so much talk about letting Governors opt into this pro- lying amendment. I respect the work of ethanol waiver will increase emissions my colleague from Ohio and his appre- that contribute to air pollution in any gram. I want to make it clear the Gov- ernors’ Ethanol Coalition is supporting ciation for the effort that went into area of the State. So if there is a period crafting the underlying amendment during one year where there may be a this ethanol agreement and this amendment. General Motors and, as that doubles the ethanol mandate. Yet, problem, a Governor can ask for a I think that amendments can be of- Senator DASCHLE mentioned earlier waiver from one provision. fered to make this Energy bill as a The fuels agreement would benefit today in his response to the Senator from California, the Governors of Cali- whole, and this ethanol provision, a lot the environment in a number of ways: more sensible, make it a lot more fair It reduces tailpipe emissions of car- fornia and New York also support this amendment, plus all of the major, of to taxpayers, make it fair to States, bon monoxide, VOCs, and fine particu- and even improve the environment. course, agricultural organizations in lates. I want to touch on a few of those the United States. It phases down MTBE over 4 years to points. Certainly we will hear from a Again, I want to state for my col- address groundwater contamination, lot of Senators from States that ben- leagues particularly, there were many and since ethanol biodegrades quickly, efit from the ethanol program and will it will not have the same problem. public and well-attended stakeholder benefit from an expansion in the eth- It provides for one grade of summer- meetings leading to this historic RFS anol program. They see its economic time Federal RFG, which is more strin- fuels agreement. impact, perhaps, at the local level with gent. So many times there are issues that their farmers or at the corporate level It increases the benefits from the come before the Senate where we have with some of the very big agribusiness Federal RFG program on air toxic re- groups that have differences of opinion. concerns that benefit from this productions. So often, these groups never get to- gram. But I think we need to take a It provides States in the ozone trans- gether and talk to each other; they balanced approach. I think we need to port region an enhanced opportunity to talk past each other. As one who has weigh the impact on consumers. I participate in the RFG program be- been so involved in this whole issue of think the Senator from California, cause of unique air quality problems. ethanol, beginning frankly when I was Mrs. FEINSTEIN, has done an excep- It includes provisions that require Governor of the State of Ohio, I was al- tional job of laying out the importance EPA to conduct a study on the effects ways concerned that somehow we just of reacting to the needs of those con- on public health, air quality, and water could not get the folks from the oil in- sumers, and the importance of taking a resources of increased use of potential dustry and the corn growers and other balanced approach. She has been a MTBE substitutes, including ethanol. groups together to talk about how we great leader on this issue, and I am The use of ethanol-blended fuels also could come up with something that pleased to be a cosponsor of her amend- reduces so-called greenhouse gas emis- would make sense, that would satisfy ment. sions by 12 to 19 percent compared with their respective needs, to underscore As she indicated, doubling the eth- conventional gasoline, according to Ar- the importance of the fact that they anol mandate will have very signifi- gonne National Laboratory. In fact, had a symbiotic relationship with each cant costs. It will impose a burden on Argonne states ethanol use last year in other; if they got together, they could the States. There may well be an eth- the U.S. reduced the so-called green- come up with something that would anol coalition of Governors, many of house gas emissions by approximately achieve their respective goals. whom have economies in their home 4.3 million tons, equivalent to remov- That happened. It doesn’t happen States that will benefit from the eth- ing the annual emissions of more than very often around here, but it did hap- anol mandate. But we cannot escape 636,000 cars. Additionally, a new report pen. I will never forget the press con- the fact that this mandate does rep- from the Pew Center on Global Climate ference that was held in the LBJ resent a burden on States, a burden on Change concluded that: Room. On that stage were representa- industry, and a burden on consumers. I During the next 15 years, replacement fuels tives from a dozen or so organizations think there are very questionable bene- offer the greatest promise for reducing trans- in this country, organizations that, if fits outside a few of those farm-driven portation sector [greenhouse gas] emissions. someone had said they would be on the economies that I mentioned. Regarding benzene, there have been stage together supporting this ethanol On the environment, the Senator no conclusive studies showing ethanol- compromise, people would have said: from California has offered an amend- blended gasoline, leaked into an exist- No way. No way. ment that in no way exempts States

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7209 from their obligations under the Clean and to ensure that they have an energy pennies. But $2 billion is real money Air Act, and in no way exempts them system that serves their States. where I come from. To take $2 billion a from having to meet the standards that The Senator from Ohio said specifi- year out of the Highway Trust Fund, I any other State would meet in cleaning cally that there is a lot of room in this think, is a mistake. up the air we breathe. What it would legislation for States to do what is in The reason we have heard a subsidy do, simply, is to allow States to decide their best interests. But then he sug- was justified in the past was that we how to go about meeting those tough gested that to allow States to opt out needed the subsidy to get consumers to standards and would give States the would somehow encourage them to use the product. This legislation man- chance to opt out of this ethanol man- take steps that would make the system dates that consumers use the product. date if they could otherwise meet those too complicated and actually raise You can’t have it both ways. You can’t clean air standards. prices back home in their States. mandate that they use it and then con- This does nothing to diminish our I don’t think you can have it both tinue to give it a subsidy. commitment to the Clean Air Act. This ways. You can’t say States will take I suggest one or the other has to go. does nothing to diminish our commit- steps in their best interests, but then Either we have to allow States to opt ment to the environment. suggest that if we gave them the oppor- out of this program and let the tax- So one has to ask the question: Why tunity to opt out of this program, they payers in those States who think it is then mandate the use of this product, would take steps that weren’t in their a good idea subsidize it, or we ought to ethanol, on all 50 States? Although it best interests. I think they will do the get rid of the tax subsidy altogether. has been pointed out that it is not ac- right thing. Certainly, when it comes The Senator from California has put tually 50 States, it is 48 States, as two to meeting the tough requirements of together a good, thoughtful amend- States are already exempt from this re- the Clean Air Act, I think States will ment that respects rights and lets quirement. I certainly believe you do the right thing. And where ethanol States opt out of this program. I think wouldn’t exempt States from this man- makes sense environmentally and eco- this is the right approach. I support her date unless you recognized that it did nomically, States will move quickly to amendment and I look forward to have costs associated with it, and very use it to the greatest extent possible. working with her further on this issue. significant costs at that. From the standpoint of the environ- I yield the floor. This amendment offered by the Sen- ment, the Feinstein amendment does The PRESIDING OFFICER. The Sen- ator from California protects every bit not weaken any legislation. From the ator from Iowa. our commitment to the Clean Air Act standpoint of costs, the underlying Mr. HARKIN. Mr. President, I am and to the environment. But it does re- amendment certainly increases the pleased to join my colleagues on both flect new costs to consumers—new cost to the consumer. It is equally im- sides of the aisle in support of the re- costs from the logistics and shipping portant from the standpoint of basic newable fuels standard amendment to that is going to be required to move fairness that we treat all the States S. 14, the Energy bill on the floor. ethanol around the country. As has equally. If we allow some to opt out, I paid close attention to the com- been pointed out, ethanol cannot move we should allow them all to opt out if ments made by the distinguished Sen- through the gas lines which already they so choose. ator from New Hampshire. I don’t exist in this country. It has to be Given these facts, why would we know whether I should make the re- trucked and shipped and blended on the force this mandate on the States? I marks I have prepared or try to refute spot. don’t know for sure what the answer is. the things he said point by point. As the Senator from Ohio pointed But I think in part we are forcing this Maybe I will do a little bit of both and out, we can do this. We have infra- subsidy on the States to benefit some blend them up a little. structure that can accomplish this big, profitable companies. We can There was one statement made by task. I would offer no disagreement argue whether the five or six largest the Senator from New Hampshire that there. Yes, we have trucks, ships, logis- ethanol firms control 60 percent of the I did want to point to at the beginning tics, planners, and computer software market or 70 percent of the market. that I think is somewhat erroneous. to get it to where it needs to be, wheth- But these are good, strong, profitable The Senator from New Hampshire said er it takes a week or 2 or 3 weeks. That companies. They have great employees, there is going to be this money sucked kind of a system is more susceptible to and good leadership, I hope. But they out of the highway trust fund because interruption and, therefore, price ought not to be given a subsidy on the of the use of ethanol. As everyone spikes. But we have the technology and backs of consumers all over the coun- knows, there is a Finance Committee capability to ship this mandated prod- try. We should not be providing a sub- amendment that is going to be added uct around the country in order to sidy to these six or seven large firms to this measure or the Highway bill by blend it. and increasing the cost to consumers, both Senator GRASSLEY and Senator But we are just fooling ourselves if while at same time we could be deplet- BAUCUS. It has broad bipartisan sup- we pretend it wouldn’t cost the con- ing $2 billion a year from the Highway port. That amendment will address this sumer extra—and it will. We can have Trust Fund when this mandate is issue. It was reported out of the Fi- a debate as to whether or not a man- phased in. nance Committee. As I said, it has date will increase consumer prices 2 The Senator from Ohio pointed out broad-based support I believe on both cents, or 4 cents, or 5 cents, over what that the Congressional Budget Office sides of the aisle. This proposal would amount of time, and why. But those has said this will reduce direct spend- reshape the ethanol excise tax exemp- newly imposed logistic requirements ing by $2 billion. That is because it is tion. Ethanol blended fuels will make a will cost money. I think we are going going to suck $2 billion out of the similar contribution to the highway to address this cost issue. Highway Trust Fund. Unfortunately, trust fund as regular gasoline. I know the Senator from New Mexico the result is more likely than not to be Mr. SUNUNU. Mr. President, will the is working on an amendment that will moving general fund money over into Senator yield for a question? highlight the concern we should all the Highway Trust Fund. That is not Mr. HARKIN. The proposal by the Fi- have—that a mandate such as this in- something I think we should be doing. nance Committee will actually add $2 creases the price to all consumers in I think we need to be honest to the billion to the highway trust fund annu- the country. But we have to be wary of voters and honest to the consumers ally. the costs. We also have to be aware of that when they pay taxes at the pump, Yes, I would be delighted to yield for the fundamental fairness: Why give ex- it goes into the Highway Trust Fund a question. emptions to two States and not allow and gets spent on infrastructure in this Mr. SUNUNU. Is the Senator sug- other States to opt out of this pro- country. Ethanol is given an enormous, gesting that ethanol under this legisla- gram? I trust the States. I trust the significant tax subsidy. I guess it de- tion be subject to the exact same ex- Governors. I trust State legislators to pends on what you consider enormous. cise tax to which gasoline would be take good steps that are in their self- Is $1 billion or $2 billion enormous? It subject? interest to protect the environment in is certainly in my State. Some people Mr. HARKIN. I am not certain I un- their States, to serve their consumers, would argue it is only a few cents, or 2 derstand the import of the question.

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7210 CONGRESSIONAL RECORD — SENATE June 3, 2003 Mr. SUNUNU. Gasoline is subject to Most ethanol sold in California is value-added markets for our farmers. A a Federal excise tax of 18.3 cents per under a fixed price contract at about 63 very large share of this production in gallon. The Senator’s description sug- cents per gallon, after the tax incen- Iowa is in plants built with the invest- gests that ethanol will now be taxed at tives are applied. Wholesale gasoline in ments of farmer-owners. 18.3 cents a gallon as well and that rev- California—that is what ethanol is I want to add a statement. I was enue will go into the highway trust blended with—is selling for $1.04 a gal- looking at one of the charts my friend fund. lon on average. So ethanol is cheaper from California, Senator FEINSTEIN, Mr. HARKIN. No. What I am sug- per gallon in California than is regular had, which showed that Archer Daniels gesting is that in the past, as we know, gasoline. So how can this be a burden Midland had 46 percent of the produc- a portion of the money was not added at all on California? tion capacity—I think is what the to the highway trust fund, it was added This renewable fuels standard, as has chart showed—and all the rest of the to the general fund. And there was a been said by so many before me, will plants around filled in the other 54 per- partial exclusion from tax on each gal- increase the use of ethanol and other cent. lon of gasohol sold. In effect we are renewable fuels—including biodiesel; Well, it is true that Archer Daniels making the highway trust fund whole not just ethanol, but biodiesel—in the Midland has been a leader in ethanol in the expected Finance Committee Nation’s fuel supply from 2.6 billion production in this country. I commend amendment. gallons in 2005 to 5 billion gallons in them for it. They have really paved the Mr. SUNUNU. If the Senator will 2012. This amendment is very similar way. They broke through the barrier. yield slightly further, that is precisely to the language we overwhelmingly They invested the money in finding the point I was making—that ethanol passed out of this body in the last Con- new ways and new technologies and a will not be subject to excise taxes. It gress as part of a comprehensive En- cost-effective means of producing and will require taking money from the ergy bill package. It represents the cul- distributing ethanol. So I believe it general fund to pay for this tax and mination of a historic fuels agreement would be normal for a company such as putting it into the trust fund, so that negotiated by the agriculture, renew- Archer Daniels Midland to have a sig- the trust fund won’t be depleted as a able fuels, petroleum, and environ- nificant share of production capacity result of the fact that ethanol is not mental communities over the past sev- because they were there first. They subject to the full 18.3 cent tax. If we eral years. recognized the environmental impact treat the two equally, we should sub- Unfortunately, the agreement—the it would have in cleaning up the envi- ject them both to an 18.3-cent tax. If amendment we passed overwhelmingly ronment, the impact it would have on you give ethanol the subsidy, what you last year—did not become law in 2002 saving us from imported oil, the im- are forced to do—exactly what you de- due to the demise of the Energy bill in pact it would have on local jobs and scribed—is move general fund money conference negotiations. This year, we the economies in many States, and into the trust fund to cover that loss of must pass the renewable fuels standard what it would mean to replace a poten- revenue. and have it signed into law by the tially carcinogenic octane enhancer Mr. HARKIN. I say to my friend from President, who has indicated his sup- called MTBE. New Hampshire, what we are doing is port for this. So, yes, I commend Archer Daniels not taking money from the general The renewable fuels standard is truly Midland for being a leader many years fund. What we are doing is taking the an energy security measure. The ago in starting to produce ethanol be- money from the ethanol part of that former Director of the Central Intel- fore many others even really thought which went to the general fund and ligence Agency, James Woolsey, be- about it. It is a very forward-looking putting it where it should have been in lieves the renewable fuels standard is company. They were there from the be- the first place; and that is, the high- an essential component in the advance- ginning. way trust fund. That is all we are ment of America’s energy security. His I would point out, however, that doing. We are not taking money out of sentiments have been echoed as well by most of the new productive capacity the general fund that comes from gen- ADM Thomas Moorer, former Chair- coming on line in America is from eral income taxes and every other kind man of the Joint Chiefs of Staff, and farmer-owned cooperatives, farmer- of excise taxes that are paid in this Robert McFarlane, former National Se- owned plants. They are the ones build- country. We are only talking about curity Adviser under President Reagan. ing the new plants in cities and com- ethanol. It will add about $2 billion to The renewable fuels standard will munities that dot our countryside. I the highway trust fund annually. displace about 1.6 billion barrels of im- think you have to look at this in that The other point the Senator from ported oil over the next decade. As a context. New Hampshire made, which I wish to result of this, we will save $4 billion in So, yes, I commend Archer Daniels respond to, is on the issue of whether imported oil each year. This is a criti- Midland for being a leader in this many or not this is a great burden on the cally important first step toward en- years ago, and for bringing us to the States. ergy independence for America. point where now we can spin off and In California, nearly all of the refin- As far as our economy goes, this re- spur more ethanol plant construction ers have voluntarily switched from newable fuels standard amendment will throughout the United States that ba- MTBE to ethanol in advance of the add about $156 billion to our gross do- sically is owned by smaller entities or State’s MTBE phaseout deadline of mestic product by 2012, spurring about by farmers themselves. January 1 of next year. Today, approxi- $5.3 billion in new investment and cre- As I said, these plants serve as local mately 65 percent of all California gas- ating 214,000 new jobs. It will boost economic engines in so many of our oline is blended with ethanol. It is esti- farm income by $1.3 billion annually. communities. The value-added benefits mated that 80 percent of fuel in Cali- I am very proud of the example set of ethanol mean a $2 bushel of corn is fornia will contain ethanol by this by my own State of Iowa where we converted into $5 of fuel and feed co- summer. have 12 plants producing more than products. That is another thing that I am told that last month the Cali- one-fifth of U.S. ethanol. We have two people forget, that once we take the al- fornia Energy Commission stated that biodiesel plants, which place Iowa first cohol out of the corn, we have a very the transition to ethanol, which began in the Nation in producing this soy- valuable byproduct left that can be fed in January of 2003, is ‘‘progressing based fuel. Thirty percent of our corn to livestock, basically to cattle. So you without any major problems.’’ There crop goes into value-added ethanol pro- get kind of two bangs for the buck out have been no ethanol shortages, trans- duction, supporting over 1,500 jobs, and of it. portation delays, or logistical problems pumping nearly $50 million annually The renewable fuels standard is more associated with the increased use of into our State’s economy, which is of than just about increasing this use of ethanol in California. Thus, any efforts critical help to our rural communities. fuels; it is more than just about cut- to carve out California, per the Fein- These biofuels plants serve as local ting down on the imported oil; it is stein amendment or amendments, from economic engines—providing high-pay- more than just the economic engines the renewable fuels standard, are un- ing jobs, capital investment opportuni- that it provides in many communities; justified and unnecessary. ties, increased local tax revenue, and it is also about providing a healthy and

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7211 sustainable environment for future The PRESIDING OFFICER. Without I ask unanimous consent that a vote generations. objection, it is so ordered. The Senator occur in relation to the Feinstein Ethanol and biodiesel greatly benefit from New Mexico is recognized. amendment No. 843 at 4:30 today and public health and the environment by Mr. DOMENICI. Mr. President, I that there be 10 minutes equally di- protecting air and water quality and want to discuss with the Senate where vided for debate prior to the vote. I fur- reducing greenhouse gas emissions. we are. As manager of the bill, I am in- ther ask that following that vote, the They are nontoxic, biodegradable, en- terested in trying to see if we can en- Senate immediately proceed to a vote ergy efficient, and cleaner burning tice and excite Senators about bringing in relation to the Feinstein amend- sources of energy than petroleum-based their amendments that have to do with ment No. 844, with 4 minutes equally fuels. A new report by the Pew Center the ethanol part of this bill to the floor divided for debate prior to that vote. on Global Climate Change finds that today, if possible. We have two pending The PRESIDING OFFICER. Is there ethanol-blended fuels offer us the and, very shortly, we will have a con- objection? greatest promise for reducing transpor- sent agreement regarding voting on Without objection, it is so ordered. tation-related greenhouse gas emis- those two. That would give us the Mr. DOMENICI. Mr. President, that sions over the next 15 years. afternoon for further discussion on and means that at 4:30 we will start the The U.S. Department of Energy has the reception of other amendments first vote on S. 14, the Energy Policy concluded that petroleum-based fuels with reference to ethanol—if Senators Act. There will be two votes. There is account for 82 percent of carbon mon- desire to do that. We are aware of two another matter already pending, but oxide, which, according to the National or three others, perhaps four Senators we will await the arrival of the chair- Research Council, accounts for 20 per- who would like to offer amendments man of the HELP Committee, Senator cent of smog formation in cities. In regarding ethanol. GREGG, to see what his pleasure is re- contrast, the Environmental Protec- I remind Senators there are many garding further time to debate the tion Agency has determined that eth- more issues in this Energy bill, al- LIHEAP amendment and an amend- anol-blended fuels significantly reduce though this is a very important one. ment I made on his behalf thereto. these emissions, and biodiesel nearly Obviously, we want it thoroughly de- Hopefully that, too, can be disposed eliminates sulfur emissions that con- bated and, ultimately, hopefully, from of today, although the Senator from tribute to acid rain and reduces poten- the managers’ standpoint, we would New Mexico is in no way pushing that tial cancer-causing compounds. like it to be adopted as part of the bill. because Senator GREGG will use what- Clearly, the renewable fuels standard Sooner or later, we have to head on to ever time he needs in that regard. represents a momentous opportunity some of the other provisions. There are Once again, Mr. President, I say to to enhance our Nation’s energy secu- seven or eight contentious ones at my fellow Senators, I know some of rity, strengthen our economy, create least that need to be discussed. We are them have other amendments regard- jobs, boost farm and rural income, and now awaiting final word from the other ing the ethanol amendment. We also help clean up our environment. The 5 side as to whether we can proceed. I know that the ethanol amendment is billion gallons of renewable fuels that understand we can. very popular. We think it is a fair as- would ultimately be required by the re- f sessment to say it is probably going to newable fuels standard would replace pass rather handsomely in the Senate. gasoline we currently get from foreign MORNING BUSINESS Nonetheless, Senators desire to make oil, and at the same time reduce the Mr. DOMENICI. Mr. President, I ask their case and make their points, and price at the pump. Simply put, renew- unanimous consent that the Senate the Senate is disposed, obviously, to let able fuels make good, common sense proceed to morning business. them do that. It would be nice if we for our Nation and all of its citizens. The PRESIDING OFFICER. Without could get that much of the bill done More to the point of the amendment objection, it is so ordered. today; that is, debate on those issues now before us by the Senator from f pertaining to ethanol. California on State exemptions—there I note Senator BINGAMAN is standing. MEASURE PLACED ON is really no need to grant States ex- Perhaps he desires to speak at this CALENDAR—S. 1162 emptions right now because in the un- point. derlying bill it already provides for Mr. DOMENICI. Mr. President, I un- The PRESIDING OFFICER. The Sen- States to be able to apply for and be derstand that S. 1162 is at the desk and ator from New Mexico. granted an EPA waiver if they can is due for a second reading. Mr. BINGAMAN. Mr. President, I cer- show the RFS severely harms the econ- The PRESIDING OFFICER. The Sen- tainly have no objection to anything omy or environment of the State or if ator is correct. the chairman said, but I would like to there is an inadequate domestic supply Mr. DOMENICI. I ask that it be in clarify, the votes are to start at 4:30 or distribution capacity to meet the re- order to read the title of the measure. p.m. today; is that what the unani- quirement. So, really, the amendment The PRESIDING OFFICER. The mous-consent agreement provides? offered by the Senator from California clerk will read the title of the bill for The PRESIDING OFFICER. That is is unneeded because there is already a the second time. correct. waiver provision in there. The assistant legislative clerk read Mr. BINGAMAN. I appreciate that. I Well, our renewable fuels standard is as follows: yield the floor. something we passed last year over- A bill (S. 1162) to amend the Internal Rev- Mr. DOMENICI. I assume I said 4 whelmingly with bipartisan support. I enue Code of 1986 to accelerate the increase o’clock. I was incorrect. It is 4:30 p.m. know there will be several attempts in the refundability of the child tax credit, I yield the floor and suggest the ab- here to weaken it. I hope we again and for other purposes. sence of a quorum. have, as we did last year, over- Mr. DOMENICI. Mr. President, I ask The PRESIDING OFFICER. The whelming bipartisan support to keep that the Senate proceed to the measure clerk will call the roll. this strong renewable fuels standard in and object to further proceeding. The assistant legislative clerk pro- this bill and, get this Energy bill The PRESIDING OFFICER. Objec- ceeded to call the roll. through and to the President so he can tion is heard. Mr. REID. Mr. President, I ask unan- sign it this year. Under rule XIV, the measure will be imous consent that the order for the I yield the floor and suggest the ab- placed on the calendar. quorum call be rescinded. sence of a quorum. f The PRESIDING OFFICER. Without The PRESIDING OFFICER (Mr. SES- objection, it is so ordered. UNANIMOUS CONSENT SIONS). The clerk will call the roll. f The assistant legislative clerk pro- AGREEMENT—S. 14 ceeded to call the roll. Mr. DOMENICI. Mr. President, I un- RECESS Mr. DOMENICI. Mr. President, I ask derstand the ethanol sequencing of The PRESIDING OFFICER. Under unanimous consent that the order for votes is acceptable, so I will propound the previous order, the hour of 12:30 the quorum call be rescinded. the unanimous consent request. p.m. having arrived, the Senate will

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7212 CONGRESSIONAL RECORD — SENATE June 3, 2003 stand in recess until the hour of 2:15 I am glad Senator FRIST and Senator amendment of the Senator from Cali- p.m. DASCHLE have offered this amendment. fornia. I know it is an amendment of- Thereupon, the Senate, at 12:29 p.m., I am a strong supporter of it. In fact, I fered in good faith. It is an amendment recessed until 2:15 p.m. and reassem- am a cosponsor of it. I am proud of the to exempt California from the renew- bled when called to order by the Pre- fact that ethanol will be the subject of able fuels standard. It is a little hard siding Officer (Mr. VOINOVICH). one of the first genuine bipartisan ef- for me to understand because the The PRESIDING OFFICER. The forts in this country, and I hope that standard is not a mandate for the Chair, in my capacity as a Senator amendment passes. States. It is a mandate for the refin- from the State of Ohio, suggests the The Corn Growers issued a report eries. They have to have 5 billion gal- absence of a quorum. today designed to rebut some of the lons of ethanol refined and into cir- The clerk will call the roll. concerns that people have expressed. It culation by the year 2012. That should The assistant legislative clerk pro- is kind of ironic that we are now ap- not be difficult. ceeded to call the roll. proaching this day when we actually The use of ethanol is growing all over Mr. TALENT. Mr. President, I ask have access to renewable sources of en- the country, precisely because of the unanimous consent that the order for ergy and alternative fuels. And some advantages it offers, which I have out- the quorum call be rescinded. The PRESIDING OFFICER. Without are getting nervous about it. Their re- lined. Exempting States doesn’t make objection, it is so ordered. port issued today indicates what com- any sense. California is already using mon sense already tells us. ethanol. By this summer, 60 to 70 per- f First of all, blending ethanol with cent of the gasoline sold in California ENERGY POLICY ACT OF 2003— gasoline at a 10-percent level, which is will be an ethanol blend. Continued what the renewable fuels standard calls I suspect that maybe States such as Mr. TALENT. Mr. President, I want for, will reduce the retail price of con- California think: we don’t produce eth- to speak briefly on the renewable fuels ventional gas by 5 percent or 6.6 cents anol here; we don’t want to have to im- standard that is the subject of the per gallon based on national average port energy from other States. If you Frist-Daschle amendment, and specifi- 2002 prices. This translates into an an- do not import energy from other cally with regard to a report released nual savings to consumers of $3.3 bil- States, and if you do not import eth- today by the National Corn Growers lion. The report says that. They have anol from other States, you are going which contains yet another round of studied it for a long time. It really is a to have to import something from good news regarding ethanol. matter of common sense because when someplace in order to run the auto- For decades, those of us who care you increase the supply, the price goes mobiles. I would a whole heck of a lot about energy in the United States and down. The more ethanol we produce, rather have States in this country im- care about energy independence, who the more we can rely on renewable porting ethanol, which is good for the care about jobs and the creation of sources we can grow and the greater environment and jobs in the United jobs, who care about the future and the supply of energy. States, from other States in the U.S. how we are going to have enough en- The report also indicated that using than the alternative, which is to im- ergy for this economy to expand corn and other grains to produce the 5 port gasoline, which is not as good for throughout the 21st century have billion gallons of ethanol required by the environment and which does not looked for alternative sources of en- the renewable fuels standard will have mean jobs for our country, from Ven- ergy. The Energy bill we are debating an insignificant impact on consumer ezuela or from the Arab States or from is a great progrowth, projobs Energy food prices. some other place in the world. They bill across the board. It encourages the In other words, the price of corn and are taking one of the tremendous vir- production of traditional forms of en- other items is not going to go up be- tues of the renewable fuels standard ergy, and it should. It encourages the cause we have tremendous productive and trying to turn it into a vice. production of oil and natural gas and capacity in this country. As a matter It will reduce our dependence on for- nuclear energy. I support all of that. I of fact, we are not using the capacity eign countries. think most of us in this Senate do. But we have. As a matter of fact, the price There is really no danger to the all of us are concerned about the fact to consumers is going to go down be- United States being dependent on fuel that the traditional forms of energy cause as our producers are able to grow that we produce in the United States. tend to be nonrenewable. There is a corn and turn it into a value-added It is a good thing to be dependent on point at which we are in danger of run- commodity, a valuable commodity, fuel we produce in Missouri or Min- ning out. We import a lot of oil from ethanol, the price of future farm bills nesota or North Dakota or South Da- foreign countries. About 59 percent of is going to go down. kota or Illinois or any of the number of what we use in the United States we I was impressed very much when I States that produce ethanol. import. was in Macon, MO, visiting our ethanol I understand the uneasiness. The use We have all wanted and have talked plant there. One of the producers who of ethanol is growing very fast. Its fu- about for decades the possibility of re- owns that plant pulled me aside and ture is coming on us very fast. Some- newable sources of energy, particularly said: Senator TALENT, the real good times change is difficult to deal with. I that we can make here. I go around thing about this is when the price of was in a Breaktime convenience store Missouri and I talk with our corn grow- corn goes down, I make more money on in Columbia, MO, where they are sellers and other agricultural producers the ethanol. ing ethanol at the pump for the same about what a great day it will be when I thought to myself: Yes, that is one price they have traditionally sold gaso- we can grow our own fuel effectively of the keys to ethanol. It will help line. I went to this place, stood out and when we don’t have to worry about smooth out some of the cycles of com- next to the pump, talked to the propri- running out and being dependent on modity prices, the ups and downs of etors, and said: This is the future. It is other countries. commodity prices worldwide, which a good future. It is a national future As the Frist-Daschle amendment in- will mean that farm bills will become for the United States. This is a na- dicates, that day, if it is not here, is less challenging every 5 years. It will tional energy policy. We have one fast approaching. We are close to being also mean more money for the trans- Union, not just 50 different States. We able to grow our own fuel. That fuel is portation trust fund once we have have one national economy, and we ethanol. It is a great day when that adopted the tax changes that the Fi- ought to have one renewable fuels means more jobs for America. It will nance Committee has worked out and standard for everybody, and we ought mean a greater measure of energy inde- which will accompany or follow shortly to have confidence in it. pendence for our country and a greater after this Energy bill. I think this 5-billion-gallon standard measure of energy security for our It is a good thing for America. It is a will be very easily attained. I think we country. It will mean support for and good thing for our producers. It is a will be above that. States all over the new markets for our family farmers good thing for the creation of jobs. country and consumers all over the and our agricultural producers. It is a I am glad this amendment is being country are using ethanol to their ben- good thing. offered. I want to address briefly the efit and to the benefit of the Nation as

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7213 a whole. This is a pro-jobs, pro-growth them inadvertently and, as a result, least afford other States the option of Energy bill, and the Frist-Daschle MTBE is being phased out. submitting themselves to this mandate amendment is a very important pro- Arizona receives all of its gasoline or not, depending upon whether this jobs, pro-growth, pro-energy security from refineries in California. There- mandate would make their air quality and independence part of it. fore, decisions California makes pretty worse or better? It seems to me if we Let’s adopt that amendment. We do well impact on what Arizona has avail- are really talking about environmental not need these weakening amendments. able to it for its vehicle use. This is quality here, rather than a subsidy for Let’s face the future with confidence. why, naturally, the points of the Sen- the corn industry in the Midwest, then One of the reasons we can do that is be- ator from California are exactly the we would be looking at the environ- cause the Nation will increasingly rely points I make, because they apply to mental impact of a mandate of this on fuel that we produce in this country the refineries in her State and the sort. Since we have already decided in the 50 States. same kinds of climatological require- that two States should not be required I thank the Senate for its attention, ment that my State of Arizona has to comply with this mandate, we have Mr. President, and I yield the floor. with respect to environmental protec- already crossed the bridge of saying it Mr. REID. I suggest the absence of a tion. is appropriate to exempt some States. quorum. So let me refer to several points with Why not allow those States, with their The PRESIDING OFFICER. The respect to the ethanol mandate and departments of environmental quality clerk will call the roll. begin with that point of environmental having said they would be harmed, the The senior assistant bill clerk pro- impact. Ethanol is an extremely vola- ability to opt out, or the requirement ceeded to call the roll. tile fuel. It breaks down very quickly. that they opt in, in order for the pro- Mr. KYL. Mr. President, I ask unani- In fact, it is virtually impossible to gram to be effective in the State? Why mous consent that the order for the transport by pipeline because of this. It not allow that option for those States? quorum call be rescinded. has to be transported by truck. Obvi- What is so important about this man- The PRESIDING OFFICER (Mr. ously, it is not produced in the West, in date that every single State, except CRAPO). Without objection, it is so or- States like Arizona. It would have to two—and I don’t know why these two dered. be trucked in from other places such as were exempted—is not at least given Mr. KYL. Mr. President, at this point the Midwest. This adds to the cost of the opportunity to exempt itself from I want to talk to the general subject of the fuel, but that is another matter. the provision? the two second-degree amendments of- Ethanol has been used as an additive in It seems to me there has to be some- fered by the Senator from California gasoline sold in the Phoenix and Tuc- thing else involved here. I suspect it which will be pending for us to vote on son areas. But according to the Arizona has to do with the desire of the corn later this afternoon. They both have to Department of Environmental Quality, producers and the people who trans- do with the requirement under the un- the State agency of the State of Ari- form the corn into an ethanol kind of derlying amendment to impose an eth- zona that is responsible for environ- product to make a buck. But we al- anol requirement for gasoline through- mental protection in the State of Ari- ready provide them a lot of bucks out the country and to not allow zona, this mandate would be very bad through the subsidy for ethanol that States to opt in or opt out of that man- for communities, as I said, like Yuma has already been voted on by the Con- and Tucson, probably causing those dated ethanol requirement. gress, has already been in existence for areas to violate the 8-hour ozone stand- One of the amendments by the Sen- many years, and which will increase in ard under the Clean Air Act. This ator from California is to allow an opt- this bill. I could understand—I would would have dramatic effects in Ari- in, so that States that believe this will not agree with it—a subsidy to try to zona. Those communities would be out help them deal with their problems of produce more of something we think ozone and the environment or other en- of compliance. There are a whole host of economic we want to produce. Even though I vironmental pollution can opt into this negative effects from finding a viola- don’t think that is a good idea, I could program and take advantage of it; but tion of the ozone standard. How can it at least understand the theory that if for those States that believe it would be that the use of an oxygenate such as we want more of something, we are be harmful to their environment, they this would create more ozone? Because going to have the Government provide would not have to opt in. The other of the unique climate in Arizona in the a subsidy to produce more of it. I could amendment would require findings summertime where, instead of reducing also understand the alternative, which with respect to whether or not it would the amount of ozone particulate, it in- would be that this is such a good idea help the environment. creases it. that we are going to force people to do I want to comment about that be- Given the fact that there is no evi- it; we are going to mandate it because cause the State of Arizona is one of the dence that the use of oxygenates like we in Washington know best, of course, States that would be adversely affected ethanol would help improve the quality and therefore irrespective of what the by a requirement to use ethanol. Part- of air in Arizona, it seems to me a find- environmental quality people in your ly, this is as a result of the fact that ing from the Arizona Department of own State believe, by golly, we know the climate in Arizona is very warm, Environmental Quality that says Ari- better, so we are going to make them shall we say, particularly in the sum- zona communities would likely violate do it. mertime. Our summer runs essentially the 8-hour ozone standard by being What is a little hard for me to under- from April through October. During forced to use ethanol is a very powerful stand is why we still need the subsidies that period of time, ethanol does not argument for the Governor of the State if we are going to have this mandate. work well in communities such as of Arizona having the option of opting The purpose of the subsidies was to try Yuma, AZ, and Tucson, AZ, because of into this program. to encourage this production, but we the way it interacts with the sur- Why would the other States force on do not need the subsidies if people are rounding hot air, and the product that Arizona a program which our own De- going to be required to use ethanol. It is produced, the moisture from the tail- partment of Environmental Quality is a mandate. We do not need the in- pipe of the automobile, interacts with says is going to make the air worse, centive or the encouragement any- the air to in fact produce ozone, which not better—in fact, so much worse it more. is the very thing we are trying to pre- will be in violation of the Clean Air Clearly, this is about special interest vent by the use of oxygenated fuel. As Act? It is not as if the committee and money influence, and I will be that spe- a result, Arizona has used an MTBE the proponents of the underlying cific because the environmental bene- substitute oxygenate that doesn’t cre- amendment have not understood that fits, especially to an area such as mine, ate the same problem ethanol creates the mandate should not apply to all have not been demonstrated. At least in the hot environs of the climates in States. In fact, two States are specifi- the point is made by an agency of my Yuma or Tucson, AZ. cally exempted—Hawaii and Alaska— State that it would actually degrade As you know, MTBE is associated from this mandate. the air quality of some parts of the with some environmental damage to Why, if it is appropriate to exempt State—in fact, pull them out of compli- aquifers, where MTBE has spilled into two States, is it not appropriate to at ance with the Clean Air Act, and yet

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7214 CONGRESSIONAL RECORD — SENATE June 3, 2003 the mandate would be imposed at the of ethanol. The National Corn Growers Mr. MCCAIN. Mr. President, I ask same time we continue to provide this Association, not exactly an unbiased unanimous consent to address the Sen- subsidy. Something is drastically source, disagrees with that. I do not ate as in morning business. amiss here. know where the truth lies. Clearly, it The PRESIDING OFFICER. Without There is an old phrase, ‘‘Follow the seems to me the science is at best in objection, it is so ordered. money,’’ so maybe that is what we dispute. (The remarks of Mr. MCCAIN are should do here. Let’s take a look at the In any event, we would all have to printed in today’s RECORD under money part of this issue. agree that taking into account all ‘‘Morning Business.’’) Currently, refiners use approxi- costs, not just the energy cost, that The PRESIDING OFFICER. The Sen- mately 1.7 billion gallons of ethanol clearly it costs a great deal to produce ator from Ohio. annually, and the underlying provision a gallon of ethanol or they would not Mr. VOINOVICH. Mr. President, I would increase that to 5 billion gallons need the subsidy which Congress has rise to speak on behalf of the ethanol annually by the year 2012. generously provided for its production. amendment and to comment upon sev- There is no question that gasoline I have already talked about the envi- eral of the remarks that were made by prices would increase, based on data ronmental benefits being questionable. my colleagues. from the Energy Information Adminis- It is not just my own State environ- One of the items that was mentioned tration. It has been estimated that the mental agency but also a National Re- by the junior Senator from Arizona increase in gas prices caused by this search Council report found that was the issue of subsidy. I think it is mandate could be between $6.7 billion oxygenates have little or no impact on important we clarify the fact that, yes, and $8 billion a year. So that is the ozone formation, and there are a lot of ethanol has been subsidized over the price we as a country, as consumers of refineries that claim they can actually years, but the Federal ethanol program this product, will be paying simply to produce similar environmental gains was established following the OPEC oil enrich the people who produce the without the use of oxygenates. In fact, embargoes of the 1970s. product. that is what we are going to have to do I am old enough to remember the Arizonans will, according to this esti- in Arizona because we cannot use long lines in 1973. At that stage of the mate, be paying on average 7.6 cents MTBE, and we would hope not to have game, we were only about 34 percent more per gallon of gas. Is that fair, Mr. to use the ethanol, as a result of which reliant on foreign oil. Of course, we all President? we would have to find a different blend know today we are 58 percent reliant I speak very plainly about the sub- and would be committed to doing that. on foreign oil. sidies to the ethanol industry. Accord- So when the ethanol subsidy came in It seems to me the ethanol industry, ing to the Congressional Research place and the program was established, which enjoys this 5.2-cent-per-gallon Service—this is an unbiased source— we had a dangerous dependence on im- exemption on the ethanol blend, or gas- the ethanol and corn industries have ported oil. That was one of the reasons ohol, from the 18.4-cents-per-gallon received more than $29 billion in sub- they did it. As an alternative to petro- Federal excise tax on motor fuels, with sidies since 1996 and could receive an- leum, ethanol directly displaces im- the resulting mandate that the Con- other $26 billion more over the next 5 ported oil and reduces tailpipe emis- gress is going to impose for the in- years. sions while helping to bolster the do- crease in the number of gallons used, CBO, another unbiased source, has a mestic economy. Yet today, as I just would no longer need to be supported different estimate for a different time said, we import more petroleum than by this subsidy, which, as I said, works period. They have estimated, based on ever before with rising crude oil prices out to be 52 to 53 cents per gallon for a review of S. 791, the basis of the un- and increasing international insta- pure ethanol. derlying amendment we are debating, bility. $2.3 billion just between the years 2004 The General Accounting Office esti- Incentives for production and use of and 2008. mates the tax exemption has deprived domestic ethanol are critical; that is, We also know there is an impact on the highway trust fund—a slightly dif- we can rely upon ethanol. We cannot the highway trust fund because every ferent number than I gave before—of rely upon imported oil. gallon of gas containing ethanol—10- between $7.5 billion and $11 billion over I think it is really important for all percent blend—gets a 5.3-cent subsidy the 22 years it has been in place. This of us to recognize the fact that we have in the form of reduced gas taxes. This is a very costly subsidy and would be a subsidized the oil industry substan- amounts to a 53-cent-per-gallon eth- very costly mandate. tially since the early 1900s. Some may anol subsidy to the industry at the ex- Because the underlying amendment not believe this, but the oil industry pense of the highway trust fund, and is costly, is not necessary, is contradic- started out in the State of Ohio. It was the Energy Information Administra- tory with the subsidies that are al- called Standard Oil. Today we continue tion has estimated that this will re- ready provided, and because the to subsidize the oil industry. In fact, duce the annual gasoline excise tax amendment of the Senator from Cali- according to the General Accounting collections by an average of $892 mil- fornia would simply provide the oppor- Office, in an October 2000 report, the oil lion between the years 2006 and 2020. tunity for States that would be ad- industry has received over $130 billion Again, my State is a donor State al- versely affected by this mandate to in tax incentives just in the past 30 ready. Arizonans send $1 in taxes to the deal with their pollution problems in years, dwarfing the roughly $11 billion Federal Government and for highway some other way—remember, they still provided for renewable fuels. transportation-related needs receives have to comply with the Clean Air Act; Here is an interesting fact: During in return only 90.5 cents. So to the ex- nobody is exempting anybody from the this time, the U.S. oil production has tent total revenues to the fund are re- Clean Air Act; they simply have to find plummeted while annual U.S. ethanol duced, the Arizona highway program a different way to comply—it seems to production has grown by over 2 billion will obviously be significantly imme it would be appropriate for us to gallons. The point is, when we got into pacted. support the amendment of the Senator the issue of subsidizing ethanol, we There are a lot of general points that from California and allow States to tai- were in very bad shape in terms of our I could discuss. There are disputes be- lor their blends to the unique situation reliance on foreign oil. Since that tween authorities on the subject of in their particular States. time, we have made substantial whether or not it takes more to Everybody would still have to meet progress. produce a gallon of ethanol than the the Clean Air Act but we could each do During the same period of time, if gallon actually contains in terms of so in a way that best suits our indi- you want to pit one industry over the Btu content; in other words, do you ac- vidual purposes. For that reason, I other, we have seen our dependence on tually have a net loss in net energy hope my colleagues will support the foreign oil grow despite the subsidy we value. There are disputes about that. amendment of the Senator from Cali- have provided to the oil industry. Some experts say about 29 percent fornia. There is also the suggestion that the more energy is used to produce a gallon The PRESIDING OFFICER. The Sen- ethanol mandate will largely benefit of ethanol than the energy in a gallon ator from Arizona. producers, not farmers. According to

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7215 the U.S. Department of Agriculture, Governor can also petition EPA for a to ethanol in advance of the State’s ethanol production raises the price of waiver of the ethanol requirement MTBE phaseout deadline of January 1. corn by 30 to 50 percent nationwide. based on supporting documentation The results can only be described as This is an average of 5 to 10 cents addi- that the ethanol waiver will increase seamless. There have been no ethanol tional premium in the areas that sup- emissions that contribute to air pollu- shortages, transportation delays, or ply ethanol plants. Both of these num- tion in an area of the State. This is logistical problems associated with the bers apply to all corn, not just corn something that was not mentioned by increased use of ethanol in the State of sold to ethanol plants. Given a billion the junior Senator from Arizona in his California. In fact, according to an bushel corn crop, it adds between $3 presentation. The fact is, if ethanol is April 2003 California Energy Commis- and $5 billion to farm income every such a big environmental problem in sion report, the transition to ethanol year. There is no question, ethanol is the State of Arizona, the Governor of which began in January 2003 ‘‘is pro- good for our farmers. Additionally, Arizona can petition that they be ex- gressing without any major problems.’’ farmers own nearly 40 percent of the empt from the mandate provision. That We need to emphasize that. This is ethanol industry, and that is growing. is included in our amendment. not going to discombobulate delivery These farmer owners realize value- Last year, the ethanol industry also of the gasoline in California or New added benefits from their investments. worked with EPA on the discovery and York or other places that people say it A chart was referenced by the Sen- containment of the emissions from eth- will cause a problem. The Energy Com- ator from California about the fact we anol facilities. Consent decrees have mission of California says it is pro- are relying on Archer Daniels Midland been filed by the Justice Department gressing without any major problems. for 46 percent of our ethanol. The fact in record time, and compliance by the Today, approximately 65 percent of all is it is now down to 32 percent. The real ethanol industry has been cited as a California gasoline is blended with eth- growth in producing ethanol is from model. anol. It is estimated that 80 percent of ethanol plants financed by the agricul- The fuels agreement we are asking the fuel will contain ethanol by this tural community in the United States. Members to support will benefit the en- summer. They are moving ahead. Only Finally, every major farm organiza- vironment in a number of ways. It re- 100 million gallons of ethanol were used tion supports the fuels agreement, in- duces tailpipe emission of carbon mon- in the State last year. California refin- cluding, but not limited to, the fol- oxide, VOCs, and fine particulates, and ers will use between 600 and 700 million lowing: American Farm Bureau Fed- phases down MTBE over 4 years to ad- gallons of ethanol in 2003. There is not eration, the National Farmers Union, dress our ground water contamination any reason to opt out because of the National Corn Growers Association, problem. It provides for one grade of fact that blended gasoline will not be American Corn Growers, National summertime Federal RFG, which is available to these States. This legislation is the result of a Grain Sorghum Producers and Amer- more stringent. It increases the bene- great deal of work and compromise on ican Soybean Association. fits from the Federal RFG program on the part of many Members of the Sen- Now, we have some concern about air toxin reduction. It provides States ate working with a variety of organiza- what impact does this industry have on in the ozone transport region enhanced the National Treasury, our general tions. opportunity to participate in the RFG I would like to remind my colleagues fund. Both the U.S. Department of Ag- program. And it includes provisions of the organizations that support this. riculture and the Congressional Budget that require EPA to conduct a study of It is unusual, in terms of the diverse Office have recognized the benefit of the effects on public health, air qual- groups represented. It is supported by the investment in the ethanol program ity, and water resources of increased the American Petroleum Institute. on the overall health of the Nation’s use of MTBEs. We have tried to cover There has been some talk that the oil economy. Recently, the USDA stated everything in this amendment. industry does not support it. The fact the ethanol program would decrease The amendments to opt out of this is, the American Petroleum Institute is farm program payments by $3 billion program are unnecessary and unwar- supportive; of course, the Renewable per year. In its analysis of this amend- ranted. Fuels Association; the Northeast The fuels agreement contained in ment, CBO stated the provision would States for Coordinated Air Use Man- reduce direct spending by $2 billion this amendment that passed the Senate agement. Again, there is an area of the during 2005 to 2013, certainly a partial last year includes the establishment of country that could be affected by it, offset to any subsidy given to the eth- a renewable fuel standard and will pro- and they like the compromise that has anol industry. vide for greater refinery flexibility in been put together. Tripling the use of renewable fuels the fuels marketplace than the existing We are talking about environmental over the next decade will reduce our Clean Air Act oxygenate requirement. concerns. The American Lung Associa- national trade deficit by $34 billion. It does not require that a single gallon tion is supportive of this ethanol Our trade deficit is at an all-time high. of renewable fuels be used in any par- amendment. The U.S. Chamber of Com- A lot of that trade deficit has to do ticular State or region; rather, the re- merce is certainly concerned about the with importing oil. It will increase the quirement is on the refiners. The RFS impact this would have on the econ- U.S. gross domestic product by $156 bil- will allow much greater flexibility in omy of the United States. The Union of lion by 2012 and create more than the work of oxygenates, which should Concerned Scientists, again, a very 214,000 new jobs. It will expand house- reduce the chances that localized sup- forthright, outspoken environmental hold income by an additional $51.7 bil- ply disruption of gasoline or organization that, on many occasions, lion, and it will save taxpayers $2 bil- oxygenates will result in retail supply is very critical of legislation being pro- lion annually in reduced government shortages. moted in the Senate, says: We like this subsidies due to the creation of new The additional flexibility provided by agreement that has been entered into. markets for corn. the RFS credit trading provisions will The Environmental and Energy Stud- We see a tremendous economic ben- be a lower cost to refiners and, thus, ies Institute; the Governors’ Ethanol efit to this ethanol industry in our consumers. The credit trading system Coalition; General Motors. Here is one country. That is why we are working so will ensure that renewable fuels are that I think is really important for hard to have this amendment included used when and where most cost effec- some of my colleagues who cannot in the Energy bill. tive, which is why we have the credit make up their mind with regard to In addition to its importance in be- and trading provisions. In California, some of the amendments we are going coming more self-reliant in terms of we need to emphasize this. to get to this ethanol amendment, and imported oil, also in terms of our econ- By the way, California is the area that is that the Governors of both Cali- omy, ethanol helps our environment. where the junior Senator from Arizona fornia and New York support this com- This bill provides strong says they are going to have to rely promise, and, of course, all the major antibacksliding provisions that pro- upon getting their ethanol blend gaso- agricultural organizations in the hibit refiners from producing gasoline line. Nearly all the refiners, the people United States. that increases emissions. Once the oxy- who provide the gasoline to the State I urge my colleagues to support this genate requirements are removed, a of Arizona, have switched from MTBE ethanol amendment and defeat some of

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7216 CONGRESSIONAL RECORD — SENATE June 3, 2003 the amendments that they are going to of Nebraska, LEVIN, CARPER, HOLLINGS, sluggish economy, we should ensure have an opportunity to vote on later on BIDEN, SPECTER, CANTWELL, DASCHLE, that everyone benefits from the tax this afternoon. STABENOW, DODD, CONRAD, VOINOVICH, cut. After all, buying blue jeans for The PRESIDING OFFICER. The Sen- AKAKA, DORGAN, KOHL, CHAFEE, FEIN- schoolchildren, washing powder for the ator from Arkansas. STEIN, and BOXER. laundry, or tires for the car costs just Mrs. LINCOLN. Mr. President, first, I This bill would restore a provision as much for a family making $20,000 a compliment my colleagues, the chair- left on the cutting room floor when the year as it does for a family making man and ranking member of the En- House and Senate leaders finalized the $100,000 a year. If we want to get our ergy Committee, for doing such an in- conference report on the tax cut. economy back on track, we need to credible job on an Energy bill that is so Our bill will restore the advanced make sure we are putting money into needed in this great country. For the refundability of the child tax credit. the pockets of consumers who will last 25 years, I think we have really My friend from Maine, Senator OLYM- spend it. begun to see the growth in our Nation PIA SNOWE, and I have worked since This is not about partisanship. It is and recognized the need for a mod- 2001 to ensure all working families ben- not about who is going to win here or ernization of our energy policy in this efit from the child tax credit. We lose here today or in the next coming country. I think these Senators have worked very hard to ensure in the 2001 days. That is certainly evidenced by done an excellent job in bringing to- tax cut that the child tax credit was the cosponsorship of this bill. What gether a diversity of issues, certainly refundable. this is about is doing what is right for in recognizing the need for renewable During the Finance Committee delib- the families who may need a little fuels, in looking at how we can work erations on this year’s tax bill, I suc- extra help, families who are working with cleaner burning fuels, the diver- cessfully offered an amendment that hard, day in and day out, playing by sity of energy sources and resources would have advanced the refundability the rules, bringing home a paycheck that we can use in this great Nation. I of the child tax credit. Regrettably, and trying to raise their children the applaud them for their hard work and that provision was dropped in con- best way they know how: with good diligence in that. ference. values and good examples. It is so important in our State. In Ar- Really, unless we pass this bill we We should fix this problem—not in kansas, both as a consumer as well as have introduced soon, families with in- the future, not next year, not some- producer of energy, and certainly in comes between $10,500 and $26,625 will time down the road. We need to fix this terms of the rural nature of our State, not get that $400 check that will be and correct this inconsistency imme- so much of what is in this bill is going mailed in July as part of the 2003 tax diately. We have an opportunity to do to be very productive for what we want bill. Since nearly half of the taxpayers what is right on behalf of the working to see happening, not only in the State in Arkansas have an adjusted gross in- men and women in this country who of Arkansas but across this great Na- come of less than $20,000, Arkansas are working hard, creating a face for tion in new and innovative energy pol- families are among the hardest hit by this Nation in the next 20 years. icy. this omission in the new tax law. What is our Nation going to look like UNANIMOUS CONSENT REQUEST—H.R. 1308 Consider this: The base pay for a pri- in the next 20 years? What are the val- Mrs. LINCOLN. Mr. President, I also vate in the military, serving in Iraq, is ues of the leaders of tomorrow? These would like to talk about something just under $16,000 per year. The average faces and these values are in the chil- that has been on the minds of many of Arkansas firefighter makes between dren we are raising today. It is not too my colleagues as well as others across $22,000 and $25,000 a year. Many of those much for this body, or the coequal this great land. After we finished the enlisted men and women, who could be body of the House, to say the time is growth package the week before we given a few days’ notice before being right, to put our money where our took our break, I had many concerns shipped off to war, and those fire- mouth is, to give these hard-working about what we were doing in that fighters who could get no more than families the opportunity to get a little growth package and what we were try- just a few minutes’ notice before rush- extra—a little extra of the incredible ing to do, what supposedly was our ob- ing into a terrorist attack—they all amount they pay into the system, a lit- jective in terms of stimulating the have families, or many of them do. tle bit extra to raise those children the economy. I think it is so important to They work hard to support their fami- best way they know how. recognize the reasons why we wanted lies and to protect us. Yet they got left I started by saying the initiative to to stimulate our economy in this coun- out when negotiators shook hands over stimulate the economy in this country try. I think that really is to move for- that final tax bill. was an initiative, I think, based on ward the growth of this great Nation. I was not in the room during those what we all wanted to achieve: Not just I think we need look no further than negotiations in the dark of night, and I to stimulate the economy but to the American family if we want to un- understand very few of my colleagues strengthen our Nation. And, once derstand why we want to stimulate were. But we are here today. We are all again, we have the opportunity, and we growth in this great Nation to stimu- here in the Senate, working today, need to look no further than the faces late the economy. That is why I intro- united, hopefully, in our effort to fight of our children and the workers of the duced the Working Taxpayer Fairness for these working families. American family in order to be able to Restoration Act. I offered this bill on Advancing the refundable portion of do that. behalf of nearly 12 million children the child credit to cover these families Let us make these American families who were left behind when President will cost only $3.5 billion—just 1 per- our priority today. Bush signed the 2003 tax bill. There cent of the entire cost of that tax bill. I ask unanimous consent that the were many of us who were very anxious This measure had strong bipartisan Senate proceed to calendar No. 52, H.R. to make sure we had a fairness in that support in the Senate, I am proud to 1308, a bill to amend the Internal Rev- stimulus package and in that tax bill; say. I was proud to play a leading role enue Code of 1986 to end certain abu- that there was a balance between fiscal to expand the child tax credit in the sive tax practices; that the Lincoln responsibility and tax relief that would Senate bill. I am glad to have bipar- substitute amendment, which is at the be available to all families. tisan support in my efforts on the bill desk and is a modified version of S. I have introduced the bill with many that we have introduced to restore this 1162, a bill to amend the Internal Rev- of my good friends, including Senators provision. enue Code of 1986 to accelerate the in- SNOWE, WARNER, JEFFORDS, ROCKE- We will pay for this tax relief for crease in the refundability of the child FELLER, COLLINS, REED, BINGAMAN, working families by shutting down tax credit, be considered and agreed to; LANDRIEU, JOHNSON, HARKIN, KENNEDY, some of the Enron-related tax shelters. that the bill H.R. 1308, as amended, be PRYOR, BREAUX, EDWARDS, CLINTON, This pay-for was included in the Senate read three times, passed, and the mo- CORZINE, DURBIN, SARBANES, KERRY, version of the 2003 tax bill that has al- tion to reconsider be laid upon the LIEBERMAN, SCHUMER, LAUTENBERG, MI- ready received the blessing of the ma- table, without intervening action or KULSKI, REID, GRAHAM of Florida, BAU- jority of the Senate Members. Espe- debate, on behalf of working American CUS, LEAHY, NELSON of Florida, NELSON cially as our Nation contends with a families.

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7217 The PRESIDING OFFICER. The Sen- guished Senator from Arkansas offered; to be suspended temporarily if the ator from New Mexico. nonetheless, a very significant pro- mandate is harmful to the environ- Mr. DOMENICI. Mr. President, re- posal. I thank her for her generosity. ment. serving the right to object, I ask unani- I yield the floor. Mr. DOMENICI. Mr. President, I mous consent that the request be modi- Mrs. LINCOLN. Mr. President, I trust the Senator from California will fied so that all after the enacting thank the chairman and my good be here if she desires to debate it. clause of H.R. 1308 be stricken, and the friend, who is a diligent worker on be- I yield the floor and suggest the ab- text of the Grassley amendment re- half of children. I know his concern for sence of a quorum. garding the child tax credit be inserted the children of this country. I would The PRESIDING OFFICER. The in lieu thereof; provided further that like to express to him that in the coun- clerk will call the roll. the bill then be read a third time and terproposal that has been offered, it The legislative clerk proceeded to passed and the motion to reconsider was not my intent to look for an at- call the roll. laid upon the table. tempt or an excuse to reopen the tax Mr. DASCHLE. Mr. President, I ask Mrs. LINCOLN. Mr. President, with package or to spend an additional hun- unanimous consent that the order for all due respect to my colleague, I re- dred billion dollars. I simply felt very the quorum call be rescinded. serve the right to object. compelled—that with a small portion The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Is there of this bill that could be rectified to CHAFEE). Without objection, it is so or- objection? make sure these working families in dered. Mrs. LINCOLN. Yes. I object. America could get the same benefit AMENDMENTS NOS. 843 AND 844 I would like to comment. I think I from this tax bill that everybody else Mr. DASCHLE. Mr. President, I know know what the chairman is doing. I will on July 1—to think this was an we will be voting at 4:30 on the Fein- would like to comment that we did pro- easy opportunity for us to do that. We stein amendments. Both amendments vide pay-for in our bill. My concern for had a pay-for that was reasonable and attempt to provide waivers to the what he has offered is that it is going something that the rest of the Senate States from the renewable fuels stand- to add another $90 billion or $80 billion had already agreed to and that Sen- ard. There are several points to be to unpaid debt in this country, for ators probably felt very comfortable made. I made some of them this morn- which I don’t believe there is a pay-for. with. It was simply an opportunity to ing. But in case my colleagues have not I respectfully object. express to those families that we cer- had the opportunity to evaluate the The PRESIDING OFFICER. Objec- tainly believed they were a priority amendments or consider the concerns tion is heard to the modification. and that we could support them in this raised by many of us with regard to the Is there objection to the request? effort. amendments, I thought it would be ap- Mr. DOMENICI. I object. I appreciate the remarks of the Sen- propriate for me to say a couple of The PRESIDING OFFICER. Objec- ator very much. I thank the Chair. words again now. tion is heard. I yield the floor. First of all, with regard to ethanol Mr. DOMENICI. Mr. President, I The PRESIDING OFFICER. The Sen- utilization, the State of California is would like to state what the Grassley ator from New Mexico. currently using ethanol in 65 percent of proposal is. Mr. BINGAMAN. Mr. President, let all the fuel it is marketing within the It would make permanent the in- me speak very briefly and indicate my State. That is expected to go up to 80 crease in the child tax credit. The bill strong support for the Senator from percent this summer. The Department signed by the President last week in- Arkansas and her effort. of Energy in California has said there creases the credit from $600 to $1,000 for I think clearly we need to address has been absolutely no difficulty in the the next 2 years. The Grassley amend- this major failing of the previously integration of ethanol from a transpor- ment would make the increase perma- passed tax bill, and we need to do so in tation point of view, a storage point of nent. a way that is fiscally responsible. That view, an environmental point of view, Second, it would eliminate the mar- is exactly what the Senator from Ar- or a cost point of view. riage penalty built into the current kansas has proposed—to find a way to So that would be first. Why have a child tax credit. The Grassley amend- pay for the refundability of the child waiver when there is no problem? The ment increases the income phaseout tax credit. That is what she proposed problem does not exist. In fact, studies for married couples filing jointly to earlier in the bill. That is what the have shown—that I pointed out this twist the limit for single individuals Senate agreed to earlier in the bill. morning, one by the Department of En- filing alone. The Lincoln amendment That is clearly what we ought to do at ergy Information, one by the Depart- fails to address this inequity in the this point. I regret that we were not ment of Energy in California—that current formulation of the child tax able to do that this afternoon. But I have said there is absolutely no con- credit. hope the opportunity to do so will nection between increases in the price Third, the amendment would create a recur at some point in the near future paid for gasoline and the use of eth- uniform definition of a ‘‘child.’’ This and we can, once again, do what we be- anol. So from a cost point of view in language is identical to the legislation lieve should be done to try to bring particular, there certainly isn’t any introduced by Senators GRASSLEY and more equity to that tax package which need for a waiver. BAUCUS. This change reduces from five was passed and signed by the Presi- Secondly, and perhaps far more im- to one the number of definitions of a dent. portantly, this legislation provides ‘‘child’’ in the Tax Code, which will Mr. DOMENICI. Mr. President, it is that there is no mandate on the States. simplify part of the code that will di- my understanding that a vote will There isn’t one requirement within the rectly affect working families. occur at 4:30; that there are 10 minutes bill that says a State must use ethanol I might say to my good friend that I prior thereto for debate on the first as part of its requirement under the think she understands. I have the amendment equally divided into 5 min- law. That does not exist. The require- greatest respect for her. And, obvi- utes each for those proponents and opment is on refiners, not on the States. ously, she makes a case today not only ponents of that amendment. Is that And the refiners are given wide lati- for herself but for many Senators and correct? tude to make their decisions based on for many who voted with her in the The PRESIDING OFFICER. The Sen- where it is appropriately marketable days preceding as this legislation ator is correct. and not on any predesign with regard worked its way through here and Mr. DOMENICI. Parliamentary in- to the market itself. through the conference in the House. quiry: What is the title of the first We are not dictating to any oil com- It is the responsibility of the Senator amendment? pany that that 65 percent now being from New Mexico to respond in behalf The PRESIDING OFFICER. The first used in California be used as a result of of the majority, and I have done so. In amendment is amendment No. 843 of- a legal requirement. That does not doing so, I have offered a counter- fered by the Senator from California, exist. We are simply saying: Look, we proposal. Obviously, it is significantly the purpose of which is to offer an eth- will let the oil companies and the re- different than the one the distin- anol mandate renewable fuel program finers make up their own minds. And

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7218 CONGRESSIONAL RECORD — SENATE June 3, 2003 with the credit trading system, the job harm the economy or environment of a Mr. DOMENICI. Mr. President, I am is made all the easier. State, a region, or the United States. prepared to vote. Do I have to yield I would also say that if worse comes I believe the EPA Administrator back time? to worst, we have said: Look, if all else should also have the ability to waive Mrs. FEINSTEIN. I ask for the yeas fails, there is absolutely no reason why the mandate if a State can show that it and nays, Mr. President. a State cannot apply for a waiver can meet the Clean Air Act standards The PRESIDING OFFICER. Is there a under the new law. Senator FEINSTEIN without having to use ethanol. I think sufficient second? and others have suggested, well, they that is very important because all the There is a sufficient second. have applied for waivers in the past refiners in my State tell me that if we Time is yielded back. and have been turned down. I hasten allow them flexibility, they can, Mr. DOMENICI. I yield back any again to add for those who may be con- through the reformulated model of our time I have in opposition. The PRESIDING OFFICER. Without fused by this, she is talking about the gasoline, for the most part, meet Clean objection, the vote may occur at this current law. In part, what we are doing Air Act standards without this man- time. The question is on agreeing to now is amending the law, removing the date. They may have to use some eth- amendment No. 843. The clerk will call oxygenate requirement, phasing out anol—and they are using ethanol now the roll. methyl tertiary butyl ether, MTBE, because there is a 2-percent oxygenate The bill clerk called the roll. and providing an opportunity for requirement—they may have to use Mr. MCCONNELL. I announce that States to get out from under require- some ethanol at certain times of the the Senator from Missouri (Mr. BOND) ments of the old law while at the same year in certain areas of the State, but is necessarily absent. time coming up with a way with which they do not need to use the amount of Mr. REID. I announce that the Sen- our country can reduce its dependence ethanol that this legislation forces ator from North Carolina (Mr. on foreign sources, can find ways with them—forces them, Mr. President—to EDWARDS), the Senator Florida (Mr. which to clean up the air, and can do as use to meet the Clean Air Act stand- GRAHAM), the Senator from Massachu- much as possible to find markets for ards. setts (Mr. KERRY), and the Senator agricultural products within our own This mandate forces California to use from Connecticut (Mr. LIEBERMAN) are States and country. That is, in essence, over 2.5 billion gallons of ethanol over necessarily absent. what this bill provides. 8 years that the State does not need. I further announce that if present So I simply say, Mr. President, as On this chart, the red shows the and voting, the Senator from Florida well intended as the Senator from Cali- forced use of ethanol. The blue shows (Mr. GRAHAM) and the Senator from fornia is, there is absolutely no reason the ethanol we would use in certain Massachusetts (Mr. KERRY) would each why this waiver is necessary. They markets during certain seasons to vote ‘‘nay’’. have one in the bill. They have the meet Clean Air Act standards. As one The PRESIDING OFFICER. Are there credit trading system in the bill. There can see, there is a huge differential be- any other Senators in the Chamber de- isn’t any requirement for a State to tween the red and the blue areas. siring to vote? mandate the use of ethanol in this bill. We use this amount shown in blue The result was announced—yeas 35, And, finally, it is working as we have and do not use the rest of the ethanol nays 60, as follows: predicted it would, certainly in those which is shown in red which we have to [Rollcall Vote No. 203 Leg.] States where the markets have been al- pay for anyway. That is a wealth trans- YEAS—35 lowed to work. California, as I said, fer, if you will. In the outer years, it now expects 80 percent of their fuel to Akaka Feinstein Nickles most certainly is going to mean an in- Allard Gregg Reed incorporate ethanol through the sum- creased price of gasoline at the pump Allen Hatch Santorum Bennett Hollings mer. So it is yet another one of these for consumers. Schumer constant myths that has to be de- Bingaman Hutchison Sessions All this amendment does is add to Boxer Inouye stroyed and dealt with as we consider Shelby the waiver provision one other possi- Cantwell Kennedy Specter the many allegations about what it is Clinton Kyl Sununu bility for waiver, and that is, if a State Collins Lautenberg we are trying to do. Thomas can show that it does not need to use Corzine Leahy Very simply, we are saying to the Warner all of this extra ethanol to the EPA, Ensign McCain country, to the refiners, to petroleum Wyden the EPA can then waive the mandate. Enzi Murray marketers in particular: We are going What could make better sense? Why NAYS—60 to give you as much flexibility as you would anyone oppose this as a matter Alexander Dayton Lincoln could possibly hope to have. And that of public policy? Why would any public Baucus DeWine Lott is exactly what this legislation does. policy force use and force costs on a Bayh Dodd Lugar Having said that, I yield the floor Biden Dole McConnell and suggest the absence of a quorum. consumer and transfer wealth to an- Breaux Domenici Mikulski The PRESIDING OFFICER. The other area of the country when it is not Brownback Dorgan Miller necessary to do so? That is the crux of Bunning Durbin Murkowski clerk will call the roll. Burns Feingold Nelson (FL) The assistant legislative clerk pro- my argument. We do not need to use it. Byrd Fitzgerald Nelson (NE) ceeded to call the roll. This chart clearly shows it. Campbell Frist Pryor If we look at another chart, we will Carper Graham (SC) Reid Mrs. FEINSTEIN. Mr. President, I Chafee Grassley Roberts ask unanimous consent that the order see that we are forced to transport a Chambliss Hagel Rockefeller for the quorum call be rescinded. lot of ethanol to get it out to Cali- Cochran Harkin Sarbanes The PRESIDING OFFICER. Without fornia; that the big production of eth- Coleman Inhofe Smith Conrad Jeffords Snowe objection, it is so ordered. anol is in the Midwest in what is called Cornyn Johnson Stabenow Mrs. FEINSTEIN. Mr. President, I PADD II. Mr. President, 2.27 billion Craig Kohl Stevens ask my colleagues to support the sec- gallons of ethanol are made in this Crapo Landrieu Talent ond-degree amendment I offered this area. The entire West makes maybe 10 Daschle Levin Voinovich morning to the pending first-degree million gallons of ethanol. Therefore, NOT VOTING—5 ethanol mandate that would provide all of this has to be moved not by fuel Bond Graham (FL) Lieberman authority to the Administrator of the line but by barge, by truck, by boat, by Edwards Kerry EPA to waive the ethanol mandate if a some other way, and increases costs. The amendment (No. 843) was re- State or a region does not need it to That is the reason for the waiver. If we jected. meet the requirements of the Clean Air can show that we can meet Clean Air The PRESIDING OFFICER. The Sen- Act. Act standards, EPA can give those ator from Virginia. In the pending first-degree ethanol States a waiver. CHANGE OF VOTE mandate, there is waiver language, and I thank the Chair. I gather my time Mr. WARNER. I ask unanimous con- that waiver language allows the Ad- is up. I yield the floor. sent that on vote No. 203 my vote be ministrator of the EPA to waive the The PRESIDING OFFICER. The Sen- changed from nay to aye. There is no ethanol mandate if it would severely ator from New Mexico. consequence.

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7219 The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Who Shelby Sununu Warner objection? Without objection, it is so yields time? The Democratic leader. Specter Thomas Wyden ordered. Mr. DOMENICI. Mr. President, can NAYS—62 (The foregoing tally has been we have order? Alexander Daschle Lincoln changed to reflect the above order.) The PRESIDING OFFICER. The Sen- Baucus Dayton Lugar Mr. GRASSLEY. Mr. President, I ate will be in order. Bayh DeWine McConnell Bennett Dodd Mikulski move to reconsider the vote. Mr. DASCHLE. Mr. President, this Biden Dole Mr. DOMENICI. I move to lay that Miller amendment is based on a misconcep- Bingaman Domenici Murkowski motion on the table. tion. The misconception is that some- Bond Dorgan Murray The motion to lay on the table was Breaux Durbin Nelson (FL) how there is a mandate to begin with. Brownback Feingold agreed to. Nelson (NE) There is no mandate for the States Bunning Fitzgerald Pryor AMENDMENT NO. 844 under this bill. Burns Frist The PRESIDING OFFICER. There Byrd Grassley Reid There is a requirement that refiners Roberts are now 4 minutes evenly divided. Who Cantwell Hagel find a way to reach the goals that we Rockefeller yields time? Carper Harkin set out in the legislation overall, both Chafee Hatch Sarbanes Mr. DOMENICI. Can we have order, Smith in energy as well as the ethanol itself, Cochran Inhofe Mr. President? I understand the Sen- Coleman Jeffords Snowe ator from California has 2 minutes. Is but there is no requirement that States Conrad Johnson Stabenow that correct? meet some standard with regard to uti- Cornyn Kohl Stevens lization of ethanol. And there is also an Craig Landrieu Talent The PRESIDING OFFICER. The Sen- Crapo Levin Voinovich ator is correct. option for the States to opt out if they Mrs. FEINSTEIN. Mr. President, I find the circumstances described by the NOT VOTING—4 will just use a minute and then cede distinguished Senator from Arizona Edwards Kerry some of the remaining minute to the would ever come about. States have Graham (FL) Lieberman Senator from Arizona, if I might. the right to opt out, even though there The amendment (No. 844) was re- The PRESIDING OFFICER. The Sen- is no particular mandate to opt into jected. ator from California. the program to begin with. This is a re- Mr. REID. I move to reconsider the Mrs. FEINSTEIN. Mr. President, this finers obligation, not a State obliga- vote. amendment would allow a Governor of tion. Mr. MCCONNELL. I move to lay that a State to opt into the ethanol pro- Mr. DOMENICI. Mr. President, might motion on the table. gram. Both Alaska and Hawaii have I say, if you are for an ethanol program The motion to lay on the table was been able to become exempted from the for the Nation, then you can’t vote for agreed to. ethanol mandate. The question this this amendment. The PRESIDING OFFICER. The Sen- presents for many of us is this: If a If this amendment passes, there is no ator from New Mexico. Governor of a State believes the pro- American ethanol program as we have NEXT GENERATION LIGHTING INITIATIVE gram is cost effective, believes it is been speaking of it in terms of reduc- Mr. BINGAMAN. Mr. President, will going to clean up their environment, ing the American dependence on for- the manager of the legislation yield for believes it is all of the things the eth- eign oil. It becomes something dif- a question? anol proponents say it is, then surely ferent and not an American program to Mr. DOMENICI. I am happy to yield. that Governor will opt in. accomplish that purpose. Mr. BINGAMAN. Section 914 of this But if a Governor of a State, depend- I yield the remainder of my time. ing upon geographical location, infra- legislation directs the Secretary of En- Mrs. FEINSTEIN. Mr. President, I ergy to establish a research and devel- structure for delivery, or science about ask for the yeas and nays. the product, might decide not to opt opment program on solid-state light- The PRESIDING OFFICER. Is there a ing. I worked on this provision with into the program, that Governor would sufficient second? have that opportunity. This amend- the Senator from New Mexico, the There appears to be a sufficent sec- chairman of the Energy and Natural ment is cosponsored by Senators NICK- ond. Resources Committee, and I thought it LES, MCCAIN, KYL, GREGG, WYDEN, The question is on agreeing to the would be useful to have his agreement LEAHY, SCHUMER, REED, SUNUNU, KEN- amendment, and the clerk will call the that this program should not be a tra- NEDY, and CLINTON. roll. ditional grant, contract or cooperative I thank them for their support and The legislative clerk called the roll. yield the remainder of my time to the agreement effort. The Department of Mr. REID. I announce that the Sen- Energy, DOE, should administer this Senator from Arizona. ator from North Carolina (Mr. Mr. KYL. Mr. President, can we have program in partnership with an alli- EDWARDS), the Senator from Florida order? ance of solid-state lighting industry (Mr. GRAHAM), the Senator from Massa- The PRESIDING OFFICER. The Sen- partners who will act to guide and chusetts (Mr. KERRY), and the Senator ator from Arizona. evaluate the research. Mr. KYL. Mr. President, let’s make it from Connecticut (Mr. LIEBERMAN) are Mr. DOMENICI. I certainly concur. clear that every State still has to com- necessarily absent. The alliance should be an inclusive but ply with the Clean Air Act. The ques- I further announce that, if present well-defined group of companies active tion is how they each choose to do so. and voting, the Senator from Florida in the research, development and im- In Arizona, the Department of Environ- (Mr. GRAHAM) and the Senator from plementation of solid-state lighting mental Quality, the department of the Massachusetts (Mr. KERRY) would each technologies in the United States. The State that is required to cause the vote ‘‘nay.’’ DOE should select the alliance as State to be in compliance, says this The PRESIDING OFFICER (Mrs. quickly as possible, so as not to delay mandate will actually cause two of our DOLE). Are there any other Senators in the program’s implementation. larger communities, Yuma and Tucson, the Chamber desiring to vote? Mr. BINGAMAN. If the Senator to be in noncompliance with the ozone The result was announced—yeas 34, would yield for a further question, I standard during the summer months. nays 62, as follows: would like to know whether he also Each State can meet the requirements [Rollcall Vote No. 204 Leg.] agrees that our intention is that aca- in the ways they deem best under the YEAS—34 demia, national laboratories and other amendment of the Senator from Cali- Akaka Enzi Leahy research organizations should perform fornia. Let’s not mandate a one-size- Allard Feinstein Lott most of the fundamental research, fits-all—oh, excuse me, except for Alas- Allen Graham (SC) McCain while commercial entities, especially Boxer Gregg Nickles ka and Hawaii—for every State. Give Campbell Hollings Reed alliance companies, should perform the Governors who are responsible peo- Chambliss Hutchison Santorum most of the development and dem- ple the ability to decide whether this is Clinton Inouye Schumer onstration work. The selection of DOE Collins Kennedy Sessions the best way for their State to meet Corzine Kyl laboratories should be based on dem- the Clean Air Act standards. Ensign Lautenberg onstrated technical accomplishments

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7220 CONGRESSIONAL RECORD — SENATE June 3, 2003 in the field of solid-state lighting, par- Mr. MCCONNELL. Madam President, finish it, and then move to the other ticularly inorganic and organic light- I suggest the absence of a quorum. issues as we debate this bill. emitting diodes. The PRESIDING OFFICER. The So it is disappointing, but I hope we Mr. DOMENICI. Mr. President, again clerk will call the roll. can regroup and begin again tomorrow. I completely agree with the Senator. I The legislative clerk proceeded to The PRESIDING OFFICER. The Sen- would also add that the intellectual call the roll. ator from New Mexico. property in section 914 is patterned Mr. FRIST. Madam President, I ask Mr. DOMENICI. Madam President, I after the Department of Energy’s Solid unanimous consent that the order for know the distinguished minority leader State Energy Conversion Alliance, or the quorum call be rescinded. is disappointed, but not as much as the SECA. Under the SECA model, re- The PRESIDING OFFICER. Without Senator from New Mexico. Obviously, search and development qualifies for objection, it is so ordered. we have worked very hard on what we the ‘‘exceptional circumstances’’ provi- AMENDMENT NO. 539 WITHDRAWN think is a very good Energy bill. I sion of the Bayh-Dole Act. Inventors Mr. FRIST. I now withdraw amend- think the United States deserves an still retain rights to their intellectual ment No. 539. Energy bill. I know there are other property. Those alliance participants f issues. I have no quibble with other who are active in solid-state lighting Senators who have issues that they research and development will receive MORNING BUSINESS think are of great importance, includ- the first option to negotiate non-exclu- Mr. FRIST. Madam President, I ask ing tax issues, but it is quite a surprise sive licenses and royalty payments to unanimous consent that the Senate to see an issue of tax significance being use the invention. now proceed to a period for morning applied to an Energy bill for the United Mr. BINGAMAN. I thank the Senator business with Senators permitted to States, although technically one might and would ask one final question. I speak for up to 10 minutes each. call it a tax bill. think he would agree that solid-state The PRESIDING OFFICER. Is there Nonetheless, where there is a will lighting is in its research infancy. objection? there is a way. If I understand it, there While it holds a promise to make white Without objection, it is so ordered. seems to be a will tonight that we will light illumination 10 times more effi- The PRESIDING OFFICER. The ma- proceed to try to iron out the difficul- cient than today’s light bulb, it is im- jority leader. ties between the parties as to the tax perative that the DOE implement this Mr. FRIST. Madam President, it is program quickly, and transfer the pre- matters and then tomorrow proceed probably confusing to people who are competitive research to industry, so with dispatch to get the ethanol watching this debate and discussion. I that our country can retain its leader- amendment back on board, and hope- have just withdrawn the ethanol ship position in lighting—a field that fully not have to go through the same amendment. As the minority leader Thomas Edison started. amendments on ethanol that we have Mr. DOMENICI. I fully agree. The suggested, my plans are to reintroduce already had, and proceed with the lin- Senator serves as our ranking member that amendment at the earliest time ing up of some amendments on the En- and was instrumental in the adoption feasible, likely first thing tomorrow ergy bill with which I understand the of this provision by our committee. I morning. minority has indicated a willingness to think we both expect that quick action What has just happened is that while help. We will work on our side to do by the Department of Energy will stim- we were talking about ethanol and en- the same. ulate the private sector. ergy, we were moved to the consider- Whatever time I had remaining under Mr. BINGAMAN. I thank the Senator ation of something which, yes, could be my 10 minutes, I yield back. for yielding. related but it is on child tax credits, The PRESIDING OFFICER. The ma- AMENDMENT NO. 845 TO AMENDMENT NO. 539 another issue that is important to the jority leader. (Purpose: To amend the Internal Revenue American people. What we have agreed Mr. FRIST. Madam President, it is Code of 1986 to accelerate the increase in to do is to address that issue sometime probably confusing to people who are the refundability of the child tax credit, in the very near future in a way that watching this debate and discussion. I and for other purposes) we can consider alternatives to ad- have just withdrawn the ethanol Mr. BINGAMAN. Madam President, dressing the issues surrounding child amendment. As the minority leader on behalf of Senator SCHUMER and Sen- tax credits. suggested, my plans are to reintroduce ator LINCOLN, I send an amendment to The Senator from South Dakota. that amendment at the earliest time the desk and ask for its immediate con- Mr. DASCHLE. Madam President, I feasible, likely first thing tomorrow sideration. am disappointed that the underlying morning. The PRESIDING OFFICER. The amendment was withdrawn. That was What has just happened is that while clerk will report. an amendment offered by the distin- we were talking about ethanol and en- The legislative clerk read as follows: guished majority leader and myself. We ergy, we were moved to the consider- The Senator from New Mexico [Mr. BINGA- are certainly going to be coming back ation of something which, yes, could be MAN], for Mrs. LINCOLN, proposes an amend- at the earliest possible time to con- related but it is on child tax credits, ment numbered 845 to amendment No. 539. tinue the debate. another issue that is important to the Mr. BINGAMAN. Madam President, I We have had a good debate today. A American people. What we have agreed ask unanimous consent that the read- couple of amendments were offered to to do is to address that issue sometime ing of the amendment be dispensed the amendment. This is a revenue bill, in the very near future in a way that with. and certainly it is within the right of we can consider alternatives to ad- The PRESIDING OFFICER. Without the Senator from Arkansas to offer dressing the issues surrounding child objection, it is so ordered. this amendment. This is a key amend- tax credits. (The amendment is printed in today’s ment that I hope we can address. We Child tax credits are a separate issue RECORD under ‘‘Text of Amendments.’’) Mr. REID. I ask unanimous consent have begun discussions about how we from ethanol and energy, a very impor- that the majority whip be recognized might address it over the course of the tant issue, one we have been made to speak for up to 5 minutes. next couple of days. It would be my aware of over the last several days that Mr. MCCONNELL. As in morning hope that we could get a vote on this must be addressed. We will, of course, business. amendment, whether it is freestanding tonight, figure out the best way to ad- The PRESIDING OFFICER. Is there or it is a part of the bill, and whatever dress that, and it will be done in the objection to the request of the Senator our Republican colleagues may wish to very near future. from Virginia? Without objection, it is offer as well, but we have to keep mov- We will in all likelihood reintroduce so ordered. ing along. The sooner we can dispose of the ethanol amendment, my amend- Mr. MCCONNELL. I thank the distin- this amendment, the sooner we can get ment, with the Democratic leader, guished assistant Democratic leader. to some of these other issues. early in the morning, and over the (The remarks of Mr. MCCONNELL I hope we can reintroduce the eth- course of tonight and this evening and are printed in today’s RECORD under anol amendment at the earliest pos- early in the morning we will, hope- ‘‘Morning Business.’’) sible date, continue the debate on that, fully, have a series of amendments

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7221 lined up, and we will be able to move value? What did we think was impor- provide for other Americans. You pay directly to ethanol, on energy, so that tant? What did we stand up for? Whose taxes; we intend to recognize it. That we can progress with this very impor- side were we on? is the responsibility of this Senate. tant legislation, the Energy bill, and I watched this tax bill come together, I do not, for the life of me, under- this ethanol amendment. and I waded through crowds of people stand why the offering of this amend- The PRESIDING OFFICER. The Sen- in the Capitol—basement, first floor, ment persuades somebody to take down ator from North Dakota. second floor. I guarantee I have never the amendment in the Energy bill. Mr. DORGAN. Madam President, I do had to wade through a crowd of people That is nonsense. We can pass this in 5 not quite understand why the ethanol who came to Washington, DC, to make minutes. provision had to be pulled at this point. sure we were playing fair for these 12 Mr. REID. Will the Senator yield? I know an amendment was offered by million children, to make sure we were Mr. DORGAN. I am happy to yield. my colleague and it deals with the standing up for the families who were Mr. REID. I wonder, does the Senator child tax credit. It seems to me that earning $10,500 a year to $26,000 a year. think any parents of these kids earning could have been dispensed with rather I guarantee the hallways are not filled $10,000 to $26,000 a year, do they benefit quickly. with lobbyists being paid to represent from the cut in dividend payments Let me talk for a minute about the their interests. I guarantee that. from corporations? Do you think they child tax credit. First, I think the eth- But there are a lot of high-priced benefit much from that, which was in anol provisions are very important. I people around here protecting the in- the final version of the bill? am a member of the Energy and Nat- terests of the people at the upper end Mr. DORGAN. I say to my colleague ural Resources Committee and I want of the income scale. We did not hear re- from Nevada, there is no question, this Energy bill done. We have a reports that they were being short- these are not families who have divi- sponsibility to get this moving and changed, that children at the upper end dends. These are not families who col- through here. of the economic ladder were left out. lect a lot of interest. These are fami- My colleague earlier today offered a No, they were taken right good care of. lies who live paycheck to paycheck, unanimous consent request dealing It is just the folks at the bottom. The trying to make a living, trying to do with the child tax credit. It is not sur- folks at the bottom, working people, right by their kids, trying to send their prising to me that was offered. It prob- people who work for $10,500 to $26,000 a kids to good schools, trying to buy new ably would have been offered no matter year, who have kids, trying to raise a clothes for the kid to go to school in what was before the Senate. The reason family, they are the ones who know September. These are families trying for that is the announcement in recent about ‘‘second’’—second house, second to make ends meet. They are always days regarding the final conference re- mortgage, second shift, second job. And left out. port of the tax package. That told us now they get second-hand treatment in Frankly, I was surprised when I what most know; that is, when those the tax bill because they are told they heard the President and others adver- who wrote this package gathered in a don’t count because they don’t pay tising the tax bill, saying we support a room someplace, there were not a lot of taxes. The heck they do not pay taxes. child tax credit for America’s chil- high-priced folks around trying to en- Of course they pay taxes. They pay dren—except he left out the colleagues courage them to make sure all Amer- payroll taxes out of every single pay- of mine in the Senate who convened in ican children were treated right with check. I am offended that people say a conference, without our participa- respect to the child tax credit. people at the bottom of the economic tion. Nobody here was invited to that Now we discover around 12 million ladder who find a paycheck less than conference. They wrote a bill that said children in this country are left out of their gross pay—and do you know why? it is just some American children; it is this calculation of child tax credit. Because they had taxes taken out—I not children from those families who Why? Because some people allege—in am offended when people say they are make $10,000 to $26,000 a year because fact, I heard it on a talk show today— not taxpayers. I am offended when somehow they are not taxpayers. some allege they do not pay taxes. somehow it is told they do not deserve Mr. REID. Will the Senator yield? These people do not pay taxes, we are a tax cut like all other Americans be- Mr. DORGAN. I am happy to yield. told. I don’t know what they are think- cause the fact that they pay payroll Mr. REID. The Senator and I have ing when they say that because these taxes is somehow less worthy than oth- been back in Washington for some are taxpayers. They work hard. Often ers who pay income taxes. One-half of time. Right out these doors and var- these are the kinds of people who have the American people pay higher payroll ious other places in the Capitol, there to shower after work, not before work. taxes than income tax and somehow are lobbyists, lobbyists who represent They work hard all day long and they this tax bill and those who worked on interests. Did the Senator run into any pay more in payroll taxes than they it decided they were not worthy, they lobbyists during consideration of the pay in income tax. And they are told were not taxpayers. We will tell their tax bill, the people wearing the Gucci by this Senate, they are told by the 12 million children they do not count. shoes, delivered to the Capitol in lim- Congress, they are told by talk show We will tell them it does not matter ousines, lobbyists representing these hosts, that they do not pay tax and they have kids; they do not need the people who were left out of the benefits therefore their kids do not count. tax credit. of this tax bill passed 2 weeks ago? This Congress ought to be embar- There is something horribly wrong Mr. DORGAN. To my colleague from rassed when it hears news reports with that value system. It is not sur- Nevada, this hallway in the Capitol about what the conference report said: prising to me that someone comes to outside this Chamber is never ever pop- By the way, we will provide a child tax the floor—and if it had not been my ulated by those who are paid to rep- credit, but we will decide that 12 mil- colleague from Arkansas, it would have resent the interests of people who work lion children are left out. Why? Be- been one of a dozen others today—to at the bottom of the economic ladder. cause their families earn between say this needs to be fixed—not tomor- They do not have full-time lobbyists $10,000 and $26,000. Somehow the Con- row, not next week, not next month. crawling the Halls of Congress saying: gress has decided they do not work, or This ought to be fixed now. It ought By the way, give us a break on divi- they do not count, or they do not pay not take an hour or a day. It ought to dends; give us a break on this issue or taxes. What a bunch of rubbish. What a take 10 minutes for this Senate to un- that issue. bunch of nonsense. They deserve to be derstand its responsibility. No, unfortunately, it is these fami- angry about this. We ought to be angry It’s our responsibility to say to these lies, the families who work hard, at the about it. What kind of priority is this? people, the working people making bottom of the economic ladder, strug- I don’t understand it at all. $10,000 to $26,000 a year, trying to raise gling every paycheck, trying to make The fact is, when they look back at kids, working at a job, trying to do ends meet, who get the short end of the our work 10 years from now, or 100 right, it is this Congress’ responsibility stick every time you open it up and years from now, the only thing histo- to say to them: You get the same tax look at the details. rians will understand about us is what cut as other Americans do. We provide I was surprised. I am a Lutheran Nor- our value system was. What did we the same child tax credit for you as we wegian from North Dakota, kind of

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7222 CONGRESSIONAL RECORD — SENATE June 3, 2003 stoic. I don’t rise to the passion of that are different from Federal income should not count with the child tax some of my colleagues from New York, taxes. credit. We know that is wrong. If we but this makes me angry. That is just The Senator from North Dakota know that is wrong, and in our heart because it is fundamentally wrong. It makes some very good points. These all of us know that is wrong, then we talks about our character, that we de- are taxpayers, hard-working people know what is right. What is right is to cide we are going to give some tax trying to raise a family, playing by the say we will fix it and we will fix it cuts, we are going to help some people rules, and they are paying taxes. now—not tomorrow, not next week, not out, but you know what. We will take I would like to ask the Senator, when next month, not after we have another a look at the top people and just give was the last time you saw anybody closed meeting and some secret con- them a thick layer of butter on their offer up a tax cut on their sales tax or ference—right now. bread, but to the bottom people we will on their excise tax or on the other We can do that. That is our obliga- say you don’t count. taxes they do suffer from or that they tion, in my judgment, to a lot of people I will tell why. Mark my words. It is are burdened with? in this country who deserve a break because those who wrote this bill be- In other words, they are going to see from us—taxpayers. Yes, they are tax- lieve that these are not taxpayers. Do all the tax increases but never see any payers who deserve some tax relief in you know why? Because somebody who of the tax decreases or the tax benefits, the form of child tax credits, taxpayers is making $15,000 a year, trying to raise if we do not look to making these child who were left out of the original bill four kids, trying to patch up their car, tax credits refundable to those 12 mil- but who will, with the help of my col- seeing if they have enough money for lion children who are out there, in leagues, be put in, in this Senate. new brake linings, seeing if they can these families who are continuing to Mrs. BOXER. Will the Senator yield? afford to put gas in next week—it is be- pay not only payroll taxes but the I know my friend from Arkansas has a cause those people are working at jobs sales taxes and the excise taxes and ev- very important meeting tonight, on be- where in most cases they are not pay- erything else out there. The Senator half of her children, as it turns out. ing an income tax. But they are paying makes an excellent point. That is why she is the perfect person— a payroll tax. The fact is, as a percent Mr. DORGAN. Mr. President, Bob I ask my friend, before he leaves the of their income, they pay a higher pay- Wills of the Texas Playboys back in the floor—to have brought this to us, be- roll tax than the people at the upper 1930s had a song with a verse that fits cause she knows children’s needs very end of the income scale. But when it almost perfectly the philosophy of well, after raising the most beautiful comes time for tax cuts, we have peo- those who wrote this bill and left out twin kids who I happen to know per- ple sitting around a table here who say 12 million children. sonally and consider them friends. the only people who pay taxes in Amer- The little bee sucks the blossom, I guess my question to my friend— ica are those who pay income taxes. and the big bee gets the honey. and I will be brief on this question—is That is pure nonsense and they ought The little guy picks the cotton, this: Does my friend have any idea— and the big guy gets the money. to know better. There are taxpayers in and I don’t expect him to know—how this country—in fact, more than half of It is a simple verse with an impor- many of these kids come from Cali- the American people pay higher payroll tant lesson. fornia? He talks about 12 million. Does taxes than income taxes. I followed a car the other day, an old he have any notion? I would say to my I frankly resent it when people say car that had several children in it. friend the answer is about 10 percent, somebody at the bottom of the eco- They had the back bumper taped up about 10 percent of those kids. nomic ladder who pays payroll taxes is but they had a bumper sticker that I want to say to my friend that in not an American taxpayer. If we talk said: this tax cut, if we do not fix it the way about trying to provide some stimulus We fought the gas war and gas won. my friend from Arkansas wants to fix to this economy of ours, trying to pro- I pulled up behind that car at a four- it—and make no mistake, it could have vide some lift to this economy by giv- way stop sign and smiled to myself be- been done already, all this rigmarole ing people purchasing power—and that cause, you know, in circumstances like and parliamentary procedure aside. In is what people talk about, providing that, that family trying to raise chil- California people who make between some purchasing power—the American dren, trying to keep an old car to- $10,000 and $20,000, their average tax economic engine is the working fami- gether, keep the bumper taped on, they cut—does my friend have any idea lies out there. Provide them with pur- figure everybody wins except them. what it might be? chasing power with tax cuts and they They are trying hard but they do not Mr. DORGAN. I don’t think it is fair will make the economic engine purr— win; somehow they do not count. That for the Senator from California to ask except they say those most likely to impression is always reinforced. me questions she assumes I can’t an- spend the child tax credit, those who Yes, it is reinforced by Bob Wills in swer. The correct answer is no. need it most, those at the bottom of the Texas Playboys’ verse, but it is re- I have to leave the floor. the economic ladder, working every inforced every day in almost every Let me ask consent that my col- single day, they should be left out and way, especially in the policies of this league from California be recognized they and their 12 million kids should Chamber. for 3 minutes. not count. It is about values. This decision we The PRESIDING OFFICER (Mr. I know why it happened. It is because make about tax cuts is about our value ALEXANDER). Without objection, it is so we have colleagues in this Chamber system. What do we think is impor- ordered. The Senator from California. who say they are not taxpayers be- tant? What do we hold dear? What is Mrs. BOXER. I will just take a cause they do not pay income taxes. our character about? minute. I would say it is important to But they pay payroll taxes. We have Let me yield the floor in a moment note that the people in California—and colleagues who say payroll taxes do not by simply saying Mr. Wallis, the I assume this is true of the people in count; you are not a taxpayer. Convenor of the Call To Renewal, a Na- the State of Tennessee, in the State of I say that is sheer rubbish. tional Federation of Churches and Arkansas, and perhaps New York as Mrs. LINCOLN. Will the Senator faith-based organizations, said: well—the people who earn between yield? Not only do they pay payroll The decision to drop child tax credits for $10,000 and $20,000 a year, their average taxes, but they also pay sales tax when America’s poorest families and children in tax cut, which the President signed they buy new tires for that vehicle. favor of further tax cuts for the rich is mor- into law and most Democrats voted They pay excise taxes. For people who ally offensive. against and most Republicans voted live in States like ours which are pre- My whole hope is we just do the right for—their average tax cut is $7. These dominantly rural, who have to drive thing and do it quickly. We know what are working people. They are working. great distances to their jobs, perhaps, the right thing is. It is not the right They are getting their hands dirty. when they pump gasoline, they are thing to say these 12 million children They are keeping this country going. paying an excise tax. They pay prop- coming from the lower-income house- The top elite few get hundreds of thou- erty taxes and also they have to pay holds, working households that are try- sands back and these people get $7 a State income taxes in some instances ing to make ends meet, that they year.

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7223 If they have children, they are suf- not in any way diminish my support paying taxes that are consuming a lot fering, and all my friend from Arkan- for what the chairman is doing in mov- of their take-home pay. The problem sas is saying is: Give these families a ing forward on the Energy bill. It is we have is that they are trying des- little fairness. They pay payroll taxes. equally important to the working fami- perately and passionately to raise their They pay sales taxes. They have to lies of this great Nation that we ad- children with the same values you and live. And, by the way, giving them a dress those issues and look at ways of I have. check is going to stimulate this econ- finding alternative fuels. Lord knows, Why does it come to my attention? It omy, not by giving it to people like for those who pay the bill at home—the is because of the time I have spent at Leona Helmsley. She has everything last time I paid my gas bill, it was home over the past 2 years shadowing she needs, thank you very much. I enormously high, and for American welfare moms as we were debating the don’t mean to pick on her particu- families as well. When we look at an welfare reform package, recognizing larly—but Warren Buffett has said it opportunity for an energy package, that it is as painful for that welfare well himself. He doesn’t need it. He has such as the chairman is bringing to us, mother leaving a crying child at his kids and their kids and their future we can certainly provide for our fami- daycare as it is for me, a Senator. kids and their future kids covered. He lies some of their capabilities to raise This past spring break, I spent my has every generation of Buffetts cov- their family and be productive and time traveling around the State of Ar- ered. strengthen this great country in which kansas visiting with workers. But then All we are doing is fighting for the we live. I, too, had to put on my hat and be- people who need us the most. I hope the chairman can understand. came a mom. I had to go and purchase I thank my friend from Arkansas for I noticed his disappointment as we blue jeans for my children. I had to buy her courage and I want to say how shifted off that amendment. I, too, was tires for my car because my husband much I support her and how much I am disappointed. I was disappointed when told me I had to—not because I wanted looking forward to voting in favor of this child credit bill was taken out of to spend my money there but because her amendment. the bill in the dark of the night—some- he told me it was for the safety of our The PRESIDING OFFICER. The Sen- thing that was important to so many family. We needed new tires. I had to put a new battery in my car—all of ator from Arkansas. families across this Nation. Mr. REID. Mr. President, will the I also want to plead with those who these things, none of which I did that Senator yield for a statement? are disappointed. We have shifted off was any different than any other work- Mrs. LINCOLN. Yes. only for a moment. We will return to- ing mom, no matter how much that Mr. REID. Mr. President, I have been morrow and go vigorously at this En- working mom makes. All we are doing is asking for fairness waiting to be recognized so I could lay ergy bill. We only have a limited in a package that is there to stimulate on this RECORD a compliment from me, amount of time. the economy. And for what reason? So the people of the State of Nevada, and This tax package was signed into we can strengthen our country. Not the country for the brilliant statement law. Many individuals will reap its ben- only do we want to give these families the Senator made this past Saturday efits come the first of July. But these the capability to provide for their chil- on national radio. Rarely are the state- 12 million children and their families dren in a way that is going to make ments of the Democrats who follow the will not get those benefits on July 1 their children stronger Americans, President’s weekly address picked up unless we act quickly. smarter Americans, healthier Ameri- on the weekly and hourly news shows Certainly, we all know that when we cans, more safe Americans, but we on the weekends. But the statement of have made mistakes, or when we have want to give them the opportunity to the Senator from Arkansas was on the done something which we think we participate in strengthening this coun- news all Saturday afternoon and all could have done better, what do we do? try. This is not a handout. This is day Sunday, the reason being that it We immediately try to correct it. We reaching a hand to our neighbors— was such a timely statement the Sen- don’t sit around as it becomes worse; those who are doing the same things ator made. It is obvious that it had a we deal with that issue. we are doing: Raising our children and tremendous impact because we have That is all I have been asking. This is strengthening our families. now heard from the majority. Para- an appropriate bill. It is a revenue I plead with my colleagues. If we no- phrasing the statements we have heard measure, and it is appropriate for me tice something that we haven’t done as over here today: Yes, I guess we could to bring up an amendment such as this. best we could do it, let us fix it. Legis- have done a little better, and we will Again, I don’t want those who are lation is not a work of art; it is a work work something out so there will be working so hard and who have invested in progress. some adjustments made on how chil- so much time, as I have, too, on the A lot of my colleagues agree with me. dren in America are treated for tax Energy bill to think we are trying to I have 49 cosponsors since we intro- purposes. divert any of that attention. We are duced the bill yesterday. Six of them The Senator from Arkansas, I be- simply trying to correct something are Republicans. It is bipartisan. I lieve, can take much of the credit for that was done incorrectly. don’t want this to be a partisan issue. our being here today. I told her person- We only have a limited amount of I want this to be a strengthening issue; ally, and I want to say publicly, she did time. We want to make sure that these that we in the Senate believe our work- a tremendous job representing the peo- families are given the same benefits ing families mean enough to us that we ple of Nevada and the rest of the coun- and the same opportunities this tax are going to share with them less than try. bill will give other Americans to infuse 1 percent of this tax bill to help them The PRESIDING OFFICER. The Sen- the economy, to help grow the econ- raise their families, to buy those tires, ator from Arkansas. omy of this great country and, thus, that washing powder. Mrs. LINCOLN. Mr. President, I strengthen our Nation. I paid the bill for my children’s lunch thank my colleagues from Nevada and We talk about it time and time tab at the school. None of these things California, and all of those who have again. I hope as we reflect on these is any different for these working fami- come to the floor today to talk about a families that we are actually trying to lies. We have to know that. We as a very important issue. help those working families who are Senate have to know that. We can’t sit I also compliment my colleague, making between $10,500 and $26,625. on the pedestal and forget there are Chairman DOMENICI, as well as the These are the families who have been people out there trying to raise their ranking member, Senator BINGAMAN, left out. I promise you, these people do families. We talk about values. We talk for an incredible effort on our Energy pay taxes. Although they may not fall about how we want these children to be bill. There is no doubt that we need to into the category of paying enormous healthy, we want them to be tomor- address the energy needs of this coun- income taxes, think of the sales taxes row’s leaders, we want them to have try. We have for the last 25 years tried they pay, think of the excise taxes the compassion and the values that we to modernize what we do in energy. I they pay, think of the property taxes talk about on the floor of this Senate. think this bill is an incredibly impor- they may pay, and think of some of the My friends, the best way we can tant bill. I hope my amendment does State taxes they may pay. They are teach them that is to walk our talk, to

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7224 CONGRESSIONAL RECORD — SENATE June 3, 2003 live these issues, to reach out to these need. She has done that, not only to- I read an article the other day in the working men and women of America, night but by her efforts in the Finance New York Times. It wasn’t about Fed- and say that our families are not just Committee and on the floor of the Sen- eral taxes, but it took one census tract important to us, but your family is ate because the children her amend- in Southern Queens in Ozone Park. It just as important; giving you this as- ment is aimed at are the ones who was an average census tract. I read sistance to be the best families you can most need our help. So I know she has about a family. They were talking possibly be is a priority for us, a pri- to attend to her own children. I thank about how tax increases in New York ority enough that we are going to take her. All of America owes the Senator City—property tax increases, the in- a few minutes out of our busy day on from Arkansas a debt of gratitude. crease in subway fare, which is not a the floor of the Senate and correct Mr. President, I am in full accord tax increase but has the same effect— something that we could have done with what was said before about bring- and the family was making, I believe it better. We are going to take those few ing this amendment to the floor. I do was $34,000. The mother worked in a moments and make that happen. Then, not like class warfare arguments. And beauty parlor and the father was a jan- we are going to resume our business I certainly believe there are certain itor at the library, and they had been with this Energy bill, and we are going tax cuts for people regardless of their saving $5 a week, I think it was, to to go back to our business of making income that stimulate the economy. I have a party for their child’s com- the energy policy of this country even thought a tax cut was appropriate. But munion. better for you, too. what really burns me is this idea that They kept an envelope, and every So I hope my colleagues will not take is circulating now that the people left week Mom put the $5 in. And she start- this incorrectly. This is not about out of the tax bill do not pay income ed several years before because she slowing down a train or missing the taxes and, therefore, they are not enti- knew the date of her child’s com- train stop. This is about reaching out tled to a tax cut. munion and she wanted to have enough to the working men and women of this When you look at the working class, money to have a party for the whole country and saying: My children are the people earning $10,000 to $26,000, family. not only important to me, but your they pay a much higher percentage of And now, because of these tax in- children are equally as important to taxes than we do. They pay tax on gas- creases, because of the increase in the me. And I want to do all that I can to oline. They pay a payroll tax. They pay subway fare, and because of a rent in- give you the ability to be the best par- property taxes, if they own a home. crease on the block—and another fam- ent and for you to have the best family They pay the property tax in a pass- ily who was struggling was told by that you possibly can. through when the home is rented. And their landlord he would have to in- To affect the lives of 12 million chil- their percentage is much higher than crease the rent because the property dren—12 million children of working anybody else’s. tax increased—there would be no party American families—is our opportunity If you want to talk about class war- for the young child. It touched me. I this evening and tomorrow. These are fare, look at this Wall Street Journal wish every one of my colleagues could people who are working. They are editorial today, ‘‘Even Luckier read that story. bringing home a paycheck, sometimes Duckies,’’ talking about these people This idea that people making $15,000 working two jobs, with both parents who don’t pay income taxes. or $20,000 or $25,000 are ‘‘Lucky Ducks,’’ working perhaps. They have children. America, who would you rather be, a that is so unfair. It is not right. I I hope that as a body we will not miss family with $22,000, paying no income would argue that is class warfare. And that opportunity to move forward, tax—but paying a payroll tax, paying a there are many people in America who show our great Nation—and other na- sales tax, paying tax on gasoline—or are struggling and working hard. A lot tions, too—that when we talk about somebody worth $1 million, God bless of the people in the New York Times our children and their future, when we them, who pays $150,000 or $70,000 or article I am talking about are immi- talk about the future of this country $100,000, or whatever they pay in in- grants. There is a very mixed group on and the role we have to play globally in come tax? Give us a break. Who is those few blocks and around 101st Ave- the future workforce of America and doing class warfare? Who? I would say nue in Ozone Park, NY. And every one the future leaders of America, that we this editorial is class warfare. It is mis- of our families probably came here do believe it is a priority, priority leading as well. poor as church mice. Mine did. And enough to stop for a few moments and ‘‘Luckier Duckies’’? Well, if you want every generation that starts here in correct something we could have done to define the world just by income America struggles. Mine did. And prob- better. taxes, you can. But ask any Amer- ably yours did too, Mr. President, at Mr. President, I hope we will have ican—not just those making $10,000 to some point in the past. multitudes of opportunities, as we $26,000—ask any American making No one is saying they are oppressed move forward, to make a lot of things $60,000 or $70,000—at least from New or beleaguered. They are fine people. better, but in this opportunity here York State—what is the tax they hate They are the people who have made today and tomorrow as we begin to the most. It is not the income tax. It is this country strong, along with so look at this issue and the bill that I not even the sales tax. It is the prop- many others. But to say they are in have introduced, and that many of my erty tax. Do we define those people as great shape in terms of the Federal tax colleagues have joined me in, I hope well off because they pay little in in- law, given the payroll tax they pay, to they will continue to join me in mov- come tax? Absolutely not. When a say they are in great shape, despite all ing forward and doing what we can for green dollar goes out of your hands for the other taxes they pay—sales tax and the 12 million children who live in the a tax, it is a green dollar, and it can property taxes, whether they own their working families of this great Nation, buy food and it can pay rent and it does property, or if not, the passthroughs— who have been left out of this tax pack- not matter if it is an income tax or a is just not fair. It is not right. It is not age, to give them the relief and the op- sales tax or a payroll tax. And, of the best of America. portunity to help grow and strengthen course, the payroll tax is a Federal tax. And I am not surprised this Chamber our country. So this is not fair. This argument is empty. I am not surprised, during Thank you, Mr. President. that these folks pay no taxes is bogus. the course of this whole debate, not a The PRESIDING OFFICER. The Sen- The argument that they pay no Fed- single Senator from the other side, ator from New York. eral taxes, if they are working, is with the exception of you, Mr. Presi- Mr. SCHUMER. Mr. President, before bogus. The idea that they escape the dent, who might have been here not the Senator from Arkansas leaves—I system scot-free while all the other quite by choice—— know she has a meeting for her chil- wealthier people are struggling hard Mr. REID. Will the Senator yield for dren—I want to add my accolades to and paying money into the Treasury is a question? that of my friends from Nevada and bogus. They generally pay, as has been Mr. SCHUMER. I am happy to yield California. She has done a good deed. said before, a greater percentage of to my colleague. The Bible says: The best thing to do is their income as taxes than more well- Mr. REID. How long did my friend do a good deed for those who are in to-do people. serve in the House of Representatives?

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7225 Mr. SCHUMER. Eighteen years. Mr. SCHUMER. I agree with my col- Mr. REID. Does the Senator acknowl- Mr. REID. During that period of league. What is the purpose of saying edge that any amount of money that time, you served, as did I, with the now they are doing OK because they don’t people who are making $10,000 to $26,000 majority leader in the House of Rep- pay income taxes, when they are pay- a year receive, whether it is $100 or resentatives, Mr. DELAY; is that true? ing 7.5 percent of their check into the $500, will be immediately spent to buy Mr. SCHUMER. It is true. payroll tax? That is something most things that create jobs for people? Mr. REID. Is the Senator aware of a Americans support, but they are sure Mr. SCHUMER. The likelihood is statement made by the Republican ma- paying a lot. Right then and there, much greater than somebody who is jority leader in the United States when you have a $15,000-a-year job, and given the money who has a large in- House of Representatives today that 7.5 percent comes out for the payroll come. said: tax, that is food off the table. That is Mr. REID. The Senator is aware that They had their chance. There is a lot of not going without the second vacation here in Washington Members of the other things that are more important than or buying some special gift for your Senate every 6 years have to raise that. To me it is a little difficult to give tax wife, that is food off the table. money talking to people to see if they relief to people who don’t pay income taxes. When you pay that dollar to the Fed- will help us; is he not? Is the Senator aware that the major- eral Government, to the State govern- Mr. SCHUMER. People have said I ity leader of the House of Representa- ment, to the local government, do you am aware of that. tives has made this statement today? think most Americans say it doesn’t Mr. REID. Does the Senator think Mr. SCHUMER. I was not aware of it. count because it is not an income tax? many Senators will go to this group of I am glad my friend from Nevada has It doesn’t count to pay property taxes? people who make from $10,000 to $26,000 brought it to my attention. It is what It doesn’t count to pay sales taxes? It a year for campaign contributions? I was talking about. It is so unfair to doesn’t count to pay excise taxes? Mr. SCHUMER. I doubt it. Forget the say there were other things more im- That is the kind of logic that is what raising of the money. I worry that they portant in the bill than helping strug- I call outcome determinative. You look don’t sit down and talk to somebody gling families. Before my friend from at what you want to do: Help the who is making that amount of money, Nevada came in, I was talking about an wealthier classes for whatever reason. ever. Yes, you may shake hands at a article in the New York Times about And then you come up with the argu- county fair. But how about sitting in a working families, about the income ment that income tax is the only tax living room and talking to the family level we are talking about, and how that counts. who is making $27,000 and has dreams one family had been saving $5 in an en- I wonder if my friend saw this edi- for their children and is struggling to velope every week so that their son torial in the Wall Street Journal, do the best for their kids and can’t might have a party at his holy com- ‘‘Even Luckier Duckies.’’ Basically, it make ends meet? Again, that story munion for all his friends and family. says this tax bill has made a lot of peo- about the communion touched me. But And now they can’t save that $5 any- ple very lucky because they won’t have there was another one in that New more because taxes are going up and to pay income tax. And I asked my col- York Times, an article about a family, the costs are going up. To say that leagues who were not here, how lucky a husband, wife, and two kids who were family is not struggling is amazing. do they think someone making $20,000 going to have to move out of the house I also am interested to hear my col- a year is compared to somebody mak- they always lived in because their league say that there were other things ing $200,000 or $2 million? Who would landlord got an 18-percent increase in in the bill more important. If I heard trade places? Who of those who make property tax and he didn’t want to pass him correctly, it seemed to me that the $200,000 or $2 million would trade places it on. They were friends. It is a two- majority leader is not going to want to with the person who is making $20,000 family house in a neighborhood in change this. Did he say that as well? so they could be a lucky duck and not Queens. He didn’t want to pass the Mr. REID. The majority leader said: pay income tax? Give me a break. property tax on as a raise in the rent They had their chance. There is a lot of This is not America. This is not the for the people in the apartment. He had other things that are more important than generosity of spirit that this country no choice because he couldn’t make that. To me it is a little difficult to give tax has always shown. This is not the fair- ends meet. He was not well off either. relief to people who don’t pay income taxes. ness that this country has shown. As I Here is a family—they probably don’t It is clear, in answer to the Senator’s mentioned earlier, I don’t like the pay much, if any, income tax; I don’t question, that the majority leader in class warfare arguments. I have sup- remember exactly what their income the House of Representatives, the per- ported tax cuts on individuals with was, probably in the $30,000 range—who son who controls what comes and goes some money to stimulate growth in the is going to have to move. They don’t on that floor, has said that these peo- past and will continue to in the future. know where to find a place to live. The ple are out in the cold, for lack of a But to make it seem as the majority kids will have to be uprooted and go to better description. They had their leader did, as did the Wall Street Jour- a different school. Who in this Chamber chance. As I discussed with the Senator nal editorial page, which often reflects would not choose to help that family from North Dakota, they had their the majority leader’s view, that some- out a little bit? I mean, create jobs? I chance. These people who make from one making $20,000 is lucky because have to tell you, a lot of these families $10,000 to $26,000 a year, their chance is they don’t pay income tax, and some- have jobs. They had jobs. The hard- weighed with the problems of people one making $1 million is unlucky be- working sort of bottom-of-the-ladder who make much more money. They cause they pay significant income tax, jobs that they are starting out at. But have no one representing them. As I that is turning logic, fairness, goodness not to give them a little break for their discussed with the Senator from North of spirit, and having a good soul on its children because there is no room in Dakota, there is no more populated head. the Tax Code and it is loaded with area than the Halls of this Capitol I am happy to yield to my colleague. things for other people? Where are our Building when there is a tax bill up, Mr. REID. The Senator is aware that values? Where are our priorities? with lobbyists who are looking for a the tax bill, according to this White I wish every single person on both little niche to help the elite of the House, was passed to create jobs. The sides of the aisle would just go to three country. Senator has heard that? homes of someone making between These people are not the elite. These Mr. SCHUMER. I have indeed. $10,000 and $26,000 a year. people we are trying to help are not Mr. REID. The Senator is also aware Spend a half hour with them and talk elite. They are people who, as Senator of people like Warren Buffett who said: about their struggle and then come DORGAN said, take showers after work, I am going to get hundreds of millions back and say we could not reduce the not before. I am terribly disappointed of dollars as a result of this tax bill. I top rate by a little bit less. that already the person who sets the don’t want the money. I don’t need the I thank my colleague from Nevada agenda for the Republican House of money. I won’t invest the money. You for his questions. I think he hit the Representatives has said these people have heard him say this? nail on the head. I am just saddened by are finished. They had their chance. Mr. SCHUMER. I have indeed. this. If it were truly just a mistake,

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7226 CONGRESSIONAL RECORD — SENATE June 3, 2003 then we would not have heard the lan- ‘‘cost’’—in tax cuts and new spending—not cate engagement with the SPDC as a guage statement issued by TOM DELAY, exceed $350 billion. Something had to give in means of political change have nothing the majority leader in the other body; House-Senate conference to meet that dollar to show for their efforts but the spilt if it were just a mistake, we would not limit, and out went refundability. The bill blood of democrats and the re-arrest of passed by a single Senate vote, with Vice have pulled an amendment that a lot of President DICK CHENEY breaking the tie. Burma’s greatest hope for freedom. people care about—I am glad it was As it happens, the tax bill does a great deal Foreign governments must join in a pulled, myself, because I am not for for low-income families even without the re- full court press to determine the health it—but it would not have just run off fundable child credit addition. It expands the and well-being of Suu Kyi and others the floor. If it was a mistake, they 10% income tax bracket, meaning that work- arrested over the weekend. Elected rep- could say, great, the amendment of the ers can earn more before leaping into the resentatives in this body and the Senator from Arkansas was pulled out 15% and 25% brackets. This is a far better world’s democracies must come to- at the last minute and we are going to way to provide a tax cut than is a refundable gether and forge a response to the vi- credit, because it lowers the high marginal cious assault on freedom that con- put it back in and show that it was a tax rate wall that these workers face as their mistake. But, no. There will be a lot of credits phase out at higher income levels. tinues in Burma. Our collective failure concerns, and maybe we will get it and There’s also $10 billion in the bill ear- to do so will abandon the people of maybe we will not. I hope we will. marked for Medicaid, the state-federal Burma in time of their greatest need. I am troubled—very troubled—by the health insurance program for the poor. And Burma’s regional neighbors—Japan, fact that we have a view here that any family that actually has any remaining China, Thailand, and the Philippines, those making $20,000, or $25,000, or tax liability benefits from the extra $400 in in particular—must understand the $15,000 are lucky ducks because they child tax credit. threats that a repressive Burma will More broadly, the critics want everyone to continue to pose the region. Among the don’t pay income tax. That is a view forget how steeply progressive the tax code some in this Chamber seem to have already is. IRS data released late last year junta’s greatest exports are drugs and taken. show that the top 1% of earners paid 37.4% of HIV/AIDS—scourges that know no bor- Mr. President, I ask unanimous con- all federal income taxes in 2000. The top 5% ders or boundaries. With terrorist sent that today’s Wall Street Journal paid 56.5% of federal taxes, and the top half threats in South Asia and Southeast editorial be printed in the RECORD. of all earners paid 96.1%. In other words, Asia, the junta will continue to pose There being no objection, the mate- even before President Bush started slashing chronic problems to countries trying to rial was ordered to be printed in the taxes on the poor by increasing the child tax close their borders to the trafficking of credit in 2001, the bottom 50% of filers had RECORD, as follows: weapons, people, and contraband. next to no federal income tax liability. In conclusion, it is past time to hold [From the Wall Street Journal, June 3, 2003] But don’t low-income workers have to the SPDC accountable for the many in- EVEN LUCKIER DUCKIES cough up the payroll tax? They certainly do, but don’t forget that the federal Earned In- justices it has inflicted upon the people The new tax bill exempts another three of Burma. It is time for regime change million-plus low-income workers from any come Tax Credit was designed to offset pay- federal tax liability whatsoever, so you’d roll taxes and is also ‘‘refundable.’’ In 2000, in Burma. think the nation’s class warriors would be the EITC totaled $31.8 billion for 19.2 million Mr. McCAIN. Mr. President, every so pleased. But instead we are all now being Americans, for an average credit of $1,658. often a clarifying moment in inter- treated to their outrage because the law Some 86% of that went to workers who had national affairs reminds us of the doesn’t go further and ‘‘cut’’ income taxes little or no income tax liability. stakes involved in a particular con- for those who don’t pay them. Republicans who just voted for the tax cut flict, and of our moral obligation to This is the essence of the uproar over the could be less defensive and try to explain all of this. But instead too many of them are stand with those who risk their lives shape of the child-care tax credit. The tax for the principles of freedom. The vio- bill the President signed last week increases heading for the tall grass, with Senate Fi- the per child federal income tax credit to nance Chairman Chuck Grassley already lent crackdown against Burmese de- $1,000, up from the partially refundable $600 promising to cave as early as this week on mocracy leader Aung San Suu Kyi and credit passed in the 2001 tax bill. But Repub- the child tax credit. This is the kind of polit- her supporters over the weekend under- lican conferees decided that the increase will ical box Republicans walk into when they scores the brutal and unreconstructed not be paid out to those too poor to have any endorse tax credits that favor one group over charter of Burma’s dictatorship. The tax liability to begin with. another. Democrats are better at playing fa- assault should remind democrats ev- Most Americans probably don’t realize vorites. We raised some hackles last year when we erywhere that we must actively sup- that it is possible to cut taxes beyond zero. port her struggle to deliver the human But then they don’t live in Washington, noted this growing trend that more and more where politicians regularly demand that tax Americans paid little or no tax. ‘‘Lucky rights and freedom of a people long de- credits be made ‘‘refundable,’’ which means duckies,’’ we called this non-taxpaying class nied them by an oppressive military re- that the government writes a check to peo- at the time. Notwithstanding liberal spin- gime. ple whose income after deductions is too low ners, after this tax bill they’re even luckier. The arrest of Aung San Suu Kyi fol- to owe any taxes. In more honest precincts, f lowing a coordinated, armed attack this might even be called ‘‘welfare.’’ against her and her supporters is a re- But among tax cut opponents it is a polit- BURMA minder to the world that Burma’s mili- ical spinning opportunity. ‘‘Simply uncon- Mr. MCCONNELL. Madam President, tary junta has neither legitimacy nor scionable,’’ says Presidential hopeful John another day has passed in Burma and limits on its power to crush peaceful Kerry. The Democratic National Committee declares that the ‘‘Bush tax scheme leaves the welfare and whereabouts of Aung dissent. The junta insists it stepped in millions of children out in the cold . . . one San Suu Kyi and man of her supporters to restore order following armed clash- out of every six children under the age of 17, remain a mystery. The State Peace and es between members of Suu Kyi’s Na- families and children pushed aside to make Development Council—the rogue gov- tional League for Democracy and room for the massive tax cuts to the ernment there—claims that she is in a unnamed opponents. In fact, the re- wealthy.’’ ‘‘guest house’’ in Rangoon and is in gime’s forces had been harassing Suu Senator OLYMPIA SNOWE, the media’s fa- good health. If this is the case, the gov- Kyi and the NLD for months. The Jun- vorite Republican now that John McCain ernment should immediately allow for- ta’s Union Solidarity Development As- isn’t actively running for President, says she is ‘‘dismayed.’’ ‘‘I don’t know why they eign diplomats to meet with her. sociation orchestrated and staged last would cut that out of the bill,’’ adds Senator The world’s condemnation of the weekend’s attack, killing at least 70 of BLANCHE LINCOLN (D., Ark.). Those last two most recent murders and detentions in her supporters and injuring Suu Kyi remarks take chutzpah, because if either Burma has been swift. But words alone herself, perhaps seriously. Credible re- woman had been willing to vote for the tax will not prevent the junta from assassi- ports suggest that the regime’s thugs bill, a refundability provision would have nating more democracy activists in the targeted Suu Kyi personally. She is been in it. days to come or detaining those whose now being held incommunicado by Bur- Senator LINCOLN introduced the idea in the only crime is calling for freedom and mese military intelligence; her party Senate Finance Committee, but then announced she wasn’t going to vote for the bill justice. offices have been closed; many of its anyway. Ms. Snowe was also one of those, The lesson of the past few days is activists are missing; and universities along with Senator GEORGE VOINOVICH (R., that dialogue has failed in Burma. have been shut down. After having Ohio), who insisted that the bill’s total Japan and other countries that advo- spent most of the last 14 years under

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7227 house arrest, Ms. Suu Kyi is, once have little to show for it following last into the United States, and the admin- again, a political prisoner. weekend’s assault on the democrats. istration should encourage the Euro- Aung San Suu Kyi is one of the Burma’s junta must understand quite pean Union to back up its commitment world’s most courageous champions of clearly that it will not enjoy business to human rights in Burma with con- freedom. I join advocates of a free as usual following its brutal attack on crete steps in this direction. The U.S. Burma everywhere in expressing out- Aung San Suu Kyi and the NLD. It is and the E.U. together account for over rage at her unwarranted detention and time for the international community 50 percent of Burma’s exports and call for her immediate, unconditional to acknowledge that the status quo therefore enjoy considerable leverage release, and the freedom to travel and serves nobody’s interests except those against the regime. The United States speak throughout her country. of the regime: Burma’s people suffer, alone absorbs between 20 and 25 percent Closing party offices, shuttering uni- its neighbors are embrassed, companies of Burma’s exports. Consideration of a versities, and detaining Aung San Suu cannot do the kind of business they U.S. import ban should help focus at- Kyi and senior members of her party in would with a free and developing tention in Rangoon on the con- the name of ‘‘protecting’’ her dem- Burma, the drug lords flourish in a vac- sequences of flagrantly violating the onstrate how estranged the junta is uum of governance, and the situation human rights of the Burmese people from its own people, and how potent inside the country grows more unstable and their chosen leaders. In coordina- are Suu Kyi’s appeals for democratic as the regime’s misrule increasingly tion with a new U.S. initiative, an E.U. change in a nation that resoundingly radicalizes and impoverishes its people. move in the direction of punitive trade endorsed her in democratic elections 13 No country or leader motivated by sanctions would make the regime’s years ago. the Welfare of the Burmese people, a continuing repression difficult if not The junta’s decision to release her desire for regional stability and pros- impossible to sustain. from house arrest a year ago, and to perity, or concern for Burma’s place The junta’s latest actions are a des- permit her to speak and travel within among nations can maintain that rule perate attempt by a decaying regime to tightly circumscribed limits, appeared by the junta serves these interests. I stall freedom’s inevitable progress, in to reflect the generals’ calculation that find it hard to believe that any demo- Burma and across Asia. They will fail her popular appeal had diminished, and cratic government would stand by the as surely as Aung San Suu Kyi’s cam- that perhaps her fighting spirit had junta as it takes Burma on a forced paign for a free Burma will one day flagged. They could not have been more march back in time. Yet this morning, succeed. wrong. when asked about the weekend’s as- I yield the floor. Aung San Suu Kyi remains the legiti- sault, the Japanses Foreign Minister f mately elected and overwhelmingly denied that the situation in Burma was popular leader of her country. Even getting worse, said progress is being HONORING OUR ARMED FORCES though she was under house arrest in made toward democratization, and an- IN MEMORIAM OF ARMY SPECIALIST RYAN P. 1990, her party captured 82 percent of nounced that Japan has no intention of LONG the vote, shocking the generals. Nei- changing its policy on Burma. Shame Mr. CARPER. Mr. President, It is ther the huge majority of the Burmese on the Japanese. Music to the junta’s with a heavy heart that I request a few people who voted for the NLD nor the ears, perhaps, but I believe friends of moments today to reflect on the life of international community have forgot- the Burmese people must take a radi- Army SP Ryan P. Long. In life, Ryan ten how Burma’s junta rejected the cally different, and principled, ap- epitomized the best of our country’s election results, nor how the regime’s proach to a problem that kind words brave men and women who fought to forces massacred its own people at a will only exacerbate. free the Iraqi people. He exhibited un- democratic rally 2 years earlier. We The world cannot stand by as the wavering courage, dutiful service to his have not forgotten the many political ruination of this country continues country, and above all else, honor. In prisoners who remain in Burma’s jails, any farther. Free Burma’s leaders, and the way he lived his life—and how we or the repression Burma’s people have her people, will remember which na- remember him—Ryan reminds each of endured for decades. The assault on tions stood with them in their struggle us how good we can be. Burma’s free political future at the against oppression, and which nations Following in the footsteps of his fa- hands of the regime last weekend has seemed to side with their oppressors. ther, grandfather and great-grand- reminded us of what we already knew: American and international policy father, Ryan joined the Army in Sep- the junta cannot oversee the reform towards Burma should reflect our con- tember of 1999. He was stationed at and opening of Burma, for it remains viction that oppression and impunity Fort Benning, GA with the A Company the biggest obstacle to the freedom and must come to an end, and that the re- 3rd Battalion-75th Ranger Regiment prosperity of the Burmese people. gime must move towards a negotiated and was assigned to a special oper- Burma cannot change as long as the settlement with Aung San Suu Kyi ations unit working in Iraq. He was on junta rules, without restraint or re- that grants her a leading and irrevers- his third overseas deployment with the morse. ible poticial role culminating in free Ranger battalion. Despite these obvious truths, of and fair national elections. If it does A lifelong resident of Seaford, DE, which we have been reminded again not, the regime will not be able to Ryan’s passing has deeply affected the this week, some countries have chosen manage the transition, when it does Sussex County community. Ryan was a to pursue policies of political and com- come, for it will come without its con- remarkable and well-respected young mercial engagement with the govern- sent. man. His friends and family remember ment in Rangoon on the grounds that I believe the United States should him as an honorable man with a free working with and through the junta immediately expand the visa ban spirit. Ryan attended Seaford Elemen- would have a more significant liberal- against Burmese officials to include all tary School and was a 1999 graduate of izing effect than isolating and sanc- members of the Union Solidarity De- Seaford High School. Fun-loving and tioning it. ASEAN admitted Burma in velopment Association, which orga- outgoing, he played on the soccer and 1997, Beijing has enjoyed warm rela- nized the attack against Aung San Suu golf teams and served as vice-com- tions with Rangoon, and most coun- Kyi’s delegation last weekend. The ad- mander of the Navy Junior ROTC pro- tries trade with it: only the United ministration should also immediately gram at Seaford High School. He was States and Europe impose mild sanc- issue an executive order freezing the also actively involved in his Catholic tions against the regime. Proponents of U.S. assets of Burmese leaders. U.N. church. In addition, Ryan enjoyed engagement pointed to the nascent dia- special envoy Razali Ismail should not riding his motorcycles, snowboarding, logue between Aung San Suu Kyi and travel to Burma as planned this week and listening to music. the regime, and her release from house unless he has assurances from the re- I rise today to commemorate Ryan, arrest last May, as indicators that per- gime that he will be able to meet with to celebrate his life, and to offer his haps external influence was having Aung San Suu Kyi. family our support. Ryan dedicated his some beneficial effect on the dictator- Congress should promptly consider life to serving our country and gave his ship. But advocates of engagement legislation banning Burmese imports life defending its values.

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7228 CONGRESSIONAL RECORD — SENATE June 3, 2003 IN MEMORIAM OF MARINE SERGEANT BRIAN Local Law Enforcement Act, a bill that lution by $1.769 billion in budget au- MCGINNIS would add new categories to current thority and by $2.959 billion in outlays Mr. President, I would like to set hate crimes law, sending a signal that in 2003. Current level is at the revenue aside a few moments today to reflect violence of any kind is unacceptable in floor in 2003. on the life of Marine Sgt Brian our society. I ask unanimous consent to print my I would like to describe a terrible McGinnis. Brian epitomized the best of first report for 2003 in the RECORD. our country’s brave men and women crime that occurred in Phoenix, AZ, on who fought to free Iraq and to secure a May 19, 2003. Avtar Chiera, a Sikh There being no objection, the mate- new democracy in the Middle East. He American, was seriously wounded after rial was ordered to be printed in the exhibited unwavering courage, dutiful being shot twice. The 52-year-old truck RECORD, as follows: service to his country, and above all driver was shot after he parked his 18- U.S. CONGRESS, wheeler. The suspects, who were riding CONGRESSIONAL BUDGET OFFICE, else, honor. In the way he lived his Washington, DC, June 3, 2003. in a red pickup truck, yelled hateful life—and how we remember him—Brian Hon. DON NICKLES, reminds each of us how good we can be. comments. The FBI and Phoenix police Chairman, Committee on the Budget, A Delawarean who dreamed of be- department are investigating the U.S. Senate, Washington, DC. coming a marine from a young age, he shooting as a hate crime. DEAR MR. CHAIRMAN: The attached tables wrote on his application to Caravel I believe that government’s first duty show the effects of Congressional action on Academy that he wanted to attend the is to defend its citizens, to defend them the 2003 budget and are current through June U.S. Naval Academy and become a against the harms that come out of 2, 2003. This report is submitted under sec- Navy pilot. Brian’s dream came true in hate. The Local Law Enforcement En- tion 308(b) and in aid of section 311 of the Congressional Budget Act, as amended. 1998 in many respects when he joined hancement Act is a symbol that can the Marines. He subsequently was as- become substance. I believe that by The estimates of budget authority, out- passing this legislation and changing lays, and revenues are consistent with the signed to Marine Light Attack Heli- current law, we can change hearts and technical and economic assumptions of H. copter Squadron 169 based out of Ma- minds as well. Con. Res. 95, the Concurrent Resolution on rine Corps Air Station at Camp Pen- the Budget for Fiscal Year 2004, as adjusted. f dleton, CA. This is my first report for the fiscal year. Raised in St. Georges, DE, and in BUDGET SCOREKEEPING REPORT Sincerely, neighboring New Jersey, Brian at- DOUGLAS HOLTZ-EAKIN, Mr. NICKLES. Mr. President, I here- tended Caravel Academy and graduated Director. by submit to the Senate the budget from William Penn High School in 1997. Attachments. scorekeeping report prepared by the There he was a star wrestler and foot- Congressional Budget Office under Sec- ball player. It was at William Penn TABLE 1.—SENATE CURRENT-LEVEL REPORT FOR SPEND- tion 308(b) and in aid of Section 311 of ING AND REVENUES FOR FISCAL YEAR 2003, AS OF that he met his wife of 4 years, Megan the Congressional Budget Act of 1974, Mahoney McGinnis. Megan describes JUNE 2, 2003 as amended. This report meets the re- [In billions of dollars] her husband as a great person with a quirements for Senate scorekeeping of good heart—‘‘the best there was!’’ Section 5 of S. Con. Res. 32, the First Current I rise today to commemorate Brian, Budget res- Current level over/ Concurrent Resolution on the Budget olution level 1 under (¥) to celebrate his life, and to offer his for 1986. resolution family our support and our deepest This report shows the effects of con- On-budget: sympathy on their tragic loss. gressional action on the 2004 budget Budget authority ...... 1,874.0 1,875.7 1.8 Outlays ...... 1,826.1 1,829.1 3.0 f through June 2, 2003. The estimates of Revenues ...... 1,310.3 1,310.3 0 budget authority, outlays, and reve- Off-budget: LOCAL LAW ENFORCEMENT ACT nues are consistent with the technical Social Security Outlays ... 366.3 366.3 0 OF 2003 Social Security Revenues 531.6 531.6 0 and economic assumptions of the 2004 1 Current level is the estimated effect on revenue and spending of all leg- Mr. SMITH. Mr. President, I rise Concurrent Resolution on the budget, islation that the Congress has enacted or sent to the President for his ap- today to speak about the need for hate H. Con. Res. 95, as adjusted. proval. In addition, full-year funding estimates under current law are included for entitlement and mandatory programs requiring annual appropria- crimes legislation. On May 1, 2003, Sen- The estimates show that current tions even if the appropriations have not been made. ator KENNEDY and I introduced the level spending is above the budget reso- Source: Congressional Budget Office. TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT-LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2003, AS OF JUNE 2, 2003 [In millions of dollars]

Budget authority Outlays Revenues

Enacted in previous sessions: Revenues ...... n.a. n.a. 1,359,834 Permanents and other spending legislation ...... 1,013,810 977,842 n.a. Appropriation legislation ...... 1,133,856 1,160,341 n.a. Offsetting receipts ...... ¥369,104 ¥369,106 n.a.

Total, enacted in previous sessions ...... 1,778,562 1,769,077 1,359,834

Enacted this session: Emergency Wartime Supplemental Appropriations Act, 2003 (P.L. 108–11) ...... 79,190 42,024 2 Postal Civil Service Retirement System Funding Reform Act of 2003 (P.L. 108–18) ...... 3,479 3,479 0 Gila River Indian Community Judgment Fund Distribution Act of 2003 (P.L. 108–22) ...... 1 1 0 Unemployment Compensation Amendments of 2003 (P.L. 108–26) ...... 3,165 3,165 0 Jobs and Growth Tax Relief Reconciliation Act of 2003 (P.L. 108–27) ...... 11,347 11,347 ¥49,489

97,182 60,016 ¥49,487 Entitlements and mandatories: Difference between enacted levels and budget resolution estimates for appropriated entitlements and other mandatory programs ...... 0 0 n.a. Total current level 1 ...... 1,875,744 1,829,093 1,310,347 Total budget resolution ...... 1,873,975 1,826,134 1,310,347 Current level over budget resolution ...... 1,769 2,959 0 Current level under budget resolution ...... n.a. n.a. 0 1 Excludes administrative expenses of the Social Security Administration, which are off-budget. Note.—n.a. = not applicable; P.L. = Public Law. Source: Congressional Budget Office.

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 8472 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7229 JOBS AND GROWTH TAX RELIEF hard to win passage of the imple- HONORING IOWA STUDENTS WHO RECONCILIATION TAX ACT, 2003 menting legislation for the U.S.-Jordan PARTICIPATED IN THE WE THE ADVANCE REFUNDING Free Trade Agreement and the Trade PEOPLE: THE CITIZEN AND THE CONSTITUTION NATIONAL Mr. SMITH. Mr. President, I realize Act of 2002. FINALS it cannot be considered as part of the In my estimation, last Congress was pending legislation, but I ask Senator the most productive in at least a dec- Mr. GRASSLEY. Mr. President, I will GRASSLEY to consider including a bill I ade on important international trade take a moment to congratulate the in- have introduced, the Municipal Debt legislation. Last year, we finally built dividuals from Central Academy in Des Refinancing Act, in future tax legisla- a new bipartisan consensus that ended Moines, IA who participated in the We tion. The Municipal Debt Refinancing the People: The Citizen and the Con- a deadlock that had frozen progress on stitution national finals in Wash- Act would permit an additional ad- most new trade agreements for nearly vance refunding for bonds used to fi- ington, DC. This event is the culmina- a decade, finally made some real tion of extensive study by students nance governmental facilities as part progress on integrating labor and envi- of the tax legislation to be considered throughout the country of the Amer- ronmental issues into trade negotia- ican system of constitutional democ- by the Finance Committee. The Munic- tions, and revamped the U.S. programs ipal Debt Refinancing Act would per- racy. The students from Central Acad- mit fiscally strapped State and local for workers who lose their jobs because emy won the State competition in governments to take advantage of the of trade. West Des Moines and thus were given current low market interest rates by In the press, the credit for these the distinction of representing Iowa in refinancing their outstanding bonds an achievements was given to Senator the national finals. I had the oppor- additional time. This proposal could GRASSLEY, Representative THOMAS, tunity to meet with these students translate into millions of dollars in myself, and other Members of Con- when they were in Washington and I savings for states and localities across gress. But as is always the case, the am certainly proud to have had them the country. By requiring bond issuers achievements on trade could not have representing the great State of Iowa. I am also pleased that my staff member, to use the additional advance refunding been made were it not for the contribu- authority within the next 2 years, the Aaron McKay, was able to be involved tions of people like Andy who toil be- in this program as a judge for both the legislation also guarantees the max- hind the scenes. Without their efforts imum near-term benefit. Iowa competition and the national there would be no legislation passed. finals as well as acting as a mentor for Individuals and corporations who In Andy’s case, he cheerfully under- the team going into the finals. The We borrow money are free to refinance took one of the most thankless tasks the People: The Citizen and the Con- these debts whenever the opportunity stitution program, run by the Center to borrow at a lower rate arises. State on the Finance Committee’s list of refor Civic Education with the help of and local governments who issue tax- sponsibilities—passage of the Miscella- Federal funding, provides an out- exempt bonds generally do not share neous Tariff Bill. This legislation is standing curriculum that promotes this freedom. States and localities are made up of literally dozens of smaller civic competence and responsibility permitted to ‘‘advance refund’’ out- bills that suspend collection of tariffs among elementary and secondary stu- standing bond issues only one time, or on products not made in the United dents. Students take away a solid un- else they must wait until a pre-set date States and address other Customs derstanding of the origin of American when interest rates have risen and the issues. constitutional democracy as well as opportunity to garner savings has Passage of this legislation requires a the contemporary relevance of our passed. But cost-saving refinancing op- seemingly endless effort to analyze the founding documents and ideals. In portunities typically occur only when hundreds of bills submitted and elimi- short, it produces better citizens. In market interest rates fall below the nate those that are controversial or fact, I would like to personally recog- rate on the original bond issue. Issuers have too great a budgetary impact. It nize the Central Academy students who cannot effectively predict when this requires coordinating with a half dozen participated in this program, Alex- will happen. By providing an additional ander Body, Alec Davis, Ainslee Eric- advance funding, your legislation administrative agencies, the U.S. son, Joanna Grillas, Brian Haroldson, would give issuers more flexibility to International Trade Commission, the Daren Ho, Meryl Houser, Jonathon react to interest rate changes and man- other House of Congress, and, of Kent, Michael Larking, Conrad Lee, age their debt. This legislation would course, 100 Senate offices. Kyle McCord, Jasmine McDowell, Elea- mean significant savings for State and As I said, it is a largely thankless nore Neumann, Timothy Smith, Akili local governments—many of which are task, but one that is critical to hun- Thomas, Sarah Wang, Kyle Wilkinson, in the midst of their worst fiscal crisis dreds of American companies and thou- Jay Williams and their teacher, Harvey in memory—without raising taxes or sands of American workers. Andy Kimble. They can all be very proud of increasing spending. Harig was the lead staff person on this their knowledge and accomplishments. Mr. GRASSLEY. I appreciate the legislation for the majority and—to- I look forward to next year’s competi- Senator’s work in this important area. gether with his counterpart on the tion. It is true that permitting States and other side of the aisle, Carrie Clarke— f localities to advance refund govern- he did the lion’s share of this work. mental bonds one additional time Unfortunately, the Senate was not ADDITIONAL STATEMENTS would provide important financial able to pass this important legislation flexibility at a critical time. State and last year, but Senator GRASSLEY and I local governments across the country ON THE RETIREMENT OF DR. are facing unprecedented fiscal crisis. continue to work on the bill, and I KAREN J. HARSHMAN Being able to refinance debt at a lower hope we can eventually win passage of ∑ Mrs. BOXER. I am very pleased to rate will clearly translate into impor- it—either as a free standing bill or as take a few moments to recognize the tant savings for our Nation’s cities, part of other legislation. many important accomplishments of counties and states. But whether we succeed or not, the Dr. Karen J. Harshman as she retires I assure the Senator this proposal Senate, the business community and I as superintendent of the Fontana Uni- will receive serious and thorough con- all owe Andrew Harig thanks for his ef- fied School District. Dr. Harshman has sideration by the Finance Committee, forts on the Miscellaneous Tariff Bill led Fontana schools through a period which I chair, as we address tax legisla- and other international trade legisla- of unprecedented growth and during a tion in the future. tion. time of increased demands on schools, and has done so with great success. f Andy has decided to leave the Senate to pursue an opportunity in the private Dr. Harshman began her career in ANDREW HARIG education as a substitute teacher. Mr. BAUCUS. Mr. President, I rise sector. I wish him all the best. Of Since that early assignment, she has today to thank Mr. Andrew Harig for course, the Senate will continue to been a teacher, coordinator, principal, his hard work on the Senate Finance work after Andy leaves, but I think it director, and assistant superintendent. Committee. will be a bit poorer for the loss of an- She also serves as an instructor at Andy was on the staff of the Finance other hard-working staff person. Good- local college campuses, guiding new Committee throughout most of the bye, Andy, and good luck. teachers and administrators as they 107th Congress. He was an integral part learn the educational ropes. of the international trade policy team Since 1994, Dr. Harshman has lead the which, among other things, worked Fontana Unified School District as its

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 8472 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7230 CONGRESSIONAL RECORD — SENATE June 3, 2003 superintendent. During her tenure as treatment and the alleviation of post- to think the United States will start superintendent, Fontana has seen phe- traumatic stress, were invaluable. development on a new generation of nomenal growth. Six schools have I want to recognize and thank cre- nuclear weapons at the same moment opened under her leadership, and the ative arts therapists in America who we seek the world’s support in an effort district currently ranks 17th in size in are assisting the most vulnerable in to halt the spread of nuclear weapons the State of California. Educational excellence has become a more prominent our society with valuable therapeutic and technology. emphasis during her tenure, and Dr. intervention. There are over 15,000 li- Senator FEINSTEIN and Senator KEN- Harshman has focused the efforts of censed clinicians who meet high qual- NEDY were correct. These weapons the district on improving student perity standards of graduate education don’t make us safer. And I thank them formance through a variety of innova- and practice. Various States, including for their continued leadership on this tive programs known throughout Cali- New York, have additional licensure vital issue.∑ fornia and beyond. requirements, which protect patients Dr. Harshman’s accomplishments are from fraudulent practitioners and f not limited to Fontana Unified School maintain the quality of care at the District or education. Soroptimist International of Baldy View recently highest standard. These credentialed TRIBUTE TO MATT BOWLES awarded her the Women Helping clinicians constitute a vital force of Mr. BUNNING. Mr. President, I rise Women Award for bringing the Amer- mental health professionals in our today to honor and pay tribute to Matt ican Cancer Society Relay for Life to country. However, many Americans are Bowles for being selected as the State Fontana and for her work with breast unable to access such services because Winner of the 4–H Award for Excel- cancer survivors. Importantly, the awareness about their effectiveness and award was also given for her lifelong lence. Matt will enroll in the Univer- employment of such therapists is not sity of Kentucky on scholarship in the work mentoring women. The Associa- sufficiently widespread. tion of California School Administra- fall and is the son of Larry and Diana tors selected her as the Region 12 Su- The National Coalition of Creative Bowles of Mount Hermon, KY. perintendent of the Year for 2002. Dr. Arts Therapies Associations is collec- Matt’s compassion for immigrants Harshman is also active in the Fontana tively celebrating the history and sta- who struggle with language barriers Rotary Club, the Fontana Chamber of tus of their profession. They will be led him to develop a community serv- Commerce, and the Chaffey College showcasing workshops, presentations ice project that helped his community Foundation. and exhibits throughout the United break down cultural barriers and wel- A portion of Dr. Harshman’s biog- States to inform the public, health raphy reads that ‘‘she looks forward to come diversity. With this program care practitioners, insurers and legisla- Matt solicited the aid of advanced every single day knowing that she is tors about therapeutic value and sig- involved in the most important work Spanish students at his high school to on the planet.’’ I invited all of my col- nificance of this discipline. help the local English as a Second Lan- I therefore proclaim National Cre- leagues to join me in commending Dr. guage tutoring program for Hispanics. ative Arts Therapies Week, June 1–7, Karen Harshman for her great leader- This award is based upon the leader- 2003 as a time to recognize the unique ship doing ‘‘the most important work ship, communication, and organiza- service provided by these clinicians. on the planet’’—educating our chil- tional work Kentucky 4–H members dren.∑ Further, I encourage my colleagues in have done through a 4–H Honors pro- Congress to support the creative arts f gram sponsored by the University of therapies fields and expand awareness NATIONAL CREATIVE ARTS Kentucky Cooperative Extension Serv- of this form of treatment. At this time THERAPIES WEEK ice. Matt was selected by judges to be of heightened sensitivity to maintain- the recipient of this top prize because ∑ Mrs. CLINTON. Mr. President, the ing mental health, we should recognize of the excellence he demonstrated process of using the arts therapeuti- the creative arts therapies as a way to through leadership in a community cally to assist victims of illness, trau- help those in distress through the service project. ma, disability and other personal chal- power of the arts to heal.∑ The efforts of Matt Bowles should be lenges, has historically been underrec- (At the request of Mr. DASCHLE, the emulated. Matt has set an example ognized as a valuable treatment, yet following statement was ordered to be that should be recognized by high the benefits of this treatment are far printed in the RECORD.) school students throughout Kentucky reaching. The creative arts therapies, f comprising the fields of art therapy, and across America. I am convinced dance/movement therapy, drama ther- FEINSTEIN-KENNEDY AMENDMENT that he will use his strong abilities to apy, music therapy, poetry therapy and TO THE FY2004 DEFENSE AU- make a difference in our country. I psychodrama, are disciplines that fos- THORIZATION BILL thank the Senate for allowing me to ter creative expression to promote ∑ Mr. KERRY. Mr. President, today I recognize Matt and voice his praises for health, communication, self-awareness, submit into the record a statement to his Head, Heart, Hands, and Health. emotional, social and cognitive func- clarify my position on the development tioning. I rise today, to proclaim Na- of low yield nuclear weapons. Cir- f tional Creative Arts Therapies Week, cumstances prevented me from voting June 1–7, 2003 as a time to recognize last week on the Feinstein-Kennedy A TRIBUTE TO OUR FRIEND this unique service. amendment to the FY2004 defense au- ∑ Mr. LAUTENBERG. Mr. President I Creative arts therapies have been thorization bill which would have rise today to pay tribute to and wish a practiced in the United States for over struck any provisions that might per- happy birthday to one of my dearest 50 years with people of all ages and mit research, development, testing, or friends, Louis Reich. problems. Such therapists work in deployment of low yield nuclear weap- Louis was born on May 24, 1903 in medical hospitals, rehabilitation cen- ons. At the time, my vote was an- Brooklyn, NY, the middle of three chil- ters, mental health facilities, day nounced as an ‘‘aye’’ in favor of a mo- dren. His sister Anne is now 102. By the treatment centers, nursing homes, tion to table the amendment. Through time he was 15, Louis had a job at a big schools, homeless shelters, correc- no fault of the distinguished Senator law firm on Wall Street where he made tional settings, and in private practice. from Nevada who announced my vote, 25 cents for a car fare and food. For Creative arts therapists have helped if I had been here, I would have voted lunch he ate at Max’s Busy Bee where people who have undergone trauma, ‘‘nay,’’ and supported the common he could get a frank, beans, waffles, ice loss, acute physical and chronic illness, sense proposal of the Senators from cream and coffee for 15 cents. Those emotional disturbance, or struggle California and Massachusetts. were the days. with depression, retardation, develop- Last week, in a statement entered Everyday he would come up from ment disabilities and addictions. The into the RECORD, I made clear my oppo- Max’s basement location and encounter contribution of creative arts therapists sition to the development of low yield men standing in the middle of the in the aftermath of 9/11, assisting vic- nuclear weapons, as well as the robust street yelling up to people in four sur- tims and the bereaved through trauma nuclear earth penetrator. It is absurd rounding buildings. These men were

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7231 called ‘‘brokers’’ and they were buying most of all. They are all here in spirit they need to keep doing the work we and selling stocks. In fact, Louis was and will never be forgotten. We wish need and appreciate so much.∑ witnessing the birth of the New York him many more years that we can cele- f Curb Exchange. He was so entranced brate together.∑ IN RECOGNITION OF MICHELE with the scene that he got a job as a f runner paying $8 a week. Wanting a PECINA, CALIFORNIA’S NA- THE CAPTURE OF ERIC ROBERT way to make more money, he headed to TIONAL DISTINGUISHED PRIN- RUDOLPH Jerome B. Sullivan & Co., where he was CIPAL OF THE YEAR hired as a clerk. ∑ Mr. EDWARDS. Mr. President, I rise ∑ Mrs. BOXER. Mr. President, I rise By the time he was 22, he was the today to express pride and thanks for today to bring to the Senate’s atten- head cashier at Sullivan making $100 a the excellent police work done by tion an exceptional educator—Michele week plus bonus. Soon afterwards he North Carolina law enforcement over Pecina, the principal of James Monroe formed the New York Curb Cashiers the weekend, work that led to the cap- Elementary School in Madera, CA. Exchange and was elected president. In ture of Eric Robert Rudolph, the al- Michele Pecina was recently named 1923, he was introduced to Kitty leged terrorist who had eluded capture California’s National Distinguished Hirshleifer by his closest friend Jerry for more than 5 years. Principal of the Year by the National Goldberg. Four years later, Louis and I am particularly proud of the fact Association of Elementary School Kitty were married. When Louis got that two of North Carolina’s finest— Principals. She will receive her award his bonus from Sullivan that month Jeff Postell, a rookie officer in the in November in Washington, DC. the company made him a partner and Murphy Police Department and Cher- For 9 years, Michele Pecina has been he spent his newfound wealth on a trip okee County Sheriff’s Deputy Sean the principal at James Monroe Elemen- to the coast, a new Cadillac and an Matthews—were responsible for brining tary School. Under her expert guid- apartment for $125 a month. Not many Rudolph in. ance, the school was named a Cali- apartments available at those rates in I can’t say enough about these exem- fornia Distinguished School in 1997 and New York today. plary lawmen, who represent the best has also received two Bell awards from The crash came in 1929 and Louis was that North Carolina and America have the California School Boards Associa- left nearly penniless. Demonstrating to offer—dedicated public servants tion. Michele Pecina believes in her his adaptability he purchased a seat on risking their lives to make us safer. I students and teachers and dem- the Curb Exchange with his brother Al will never forget the pride I felt as I onstrates that belief to them every and his cousin Ernie. His salary was watched Officer Postell, squinting in day. The result is they believe in them- now $50 a week. From 1933 to 1938 Louis the glare of unasked for limelight, selves. their success in school, and in became an arbitrageur. He sensed that modestly dismiss praise for his actions life, is remarkable. the Canadian market was becoming by stating, ‘‘It was my job.’’ Californians are extremely proud of competitive and through connections His job, indeed. As it is the job of Michele Pecina. I am honored to pay in Canada he started to urge companies thousands and thousands of other first tribute to her. I encourage my col- to apply for listing on what used to be responders in North Carolina and leagues to join me in wishing Michele the Curb Exchange, but now known as throughout the country. Men and Pecina continued success as she con- the American Stock Exchange. women who day in and day out put tinues her exceptional work in edu- He formed a partnership with Moe their lives on the line to ensure our cation.∑ Weiss which lasted for many years. safety and ask so little in return. The f Around 1955 Lou became a governor of least we can do for these brave public the American Stock Exchange and servants is to show our support for HONORING REV. BOB WELLISCH chairman of the listing committee. their efforts in meaningful ways. One ∑ Mr. COLEMAN. Mr. President, I ask A few years later in 1959 I met Lou of the most meaningful ways we can do that the following three tributes hon- when his back-office manager saw an this is to do more than just pay lip oring the life of the late Rev. Bob ad about a company who could process service to their efforts while cutting Wellisch, St. Paul, MN native, priest payrolls. It was a company I know a programs, funding, and benefits they so for the Hmong Catholic community, little about, Automatic Data Proc- desperately need. and respected college professor, be essing. At that point I was the com- That is why it makes no sense that, printed in the RECORD. pany’s salesperson and Reich & Co. instead of bolstering the efforts of our The material follows. signed on. We became dear friends ever first responders, the administration is [From the Star Tribune, May 26, 2003] since. slashing the very programs that we I owe Lou a great deal because he need to help ensure a strong homeland (By Nolan Zavoral) really spread the word about ADP. defense. Just look at the COPS pro- THE REV. ROBERT WELLISCH, PASTOR TO TWIN Henry Taub worked to have ADP han- gram—a program that has directly ben- CITIES HMONG, DIES dle all of the back office operations. efited the Murphy Police Department The Rev. Robert Wellisch, who built Within a year ADP had a system to and Cherokee County law enforcement. bridges between the Catholic establishment and the Twin Cities Hmong community, died process securities transactions. Today, Since it was created as part of a 1994 in a traffic accident Saturday night. in large part thanks to Lou, ADP is one crime bill, the COPS program has Wellisch, 62, was driving back alone to the of the largest payroll and securities helped communities hire more than Twin Cities from Mankato when his car processing firms in the world. 116,000 police officers nationwide. struck a horse on Hwy. 169, 4 miles north of Louis Reich is now 100 years old. He We all know how important and ef- Le Sueur, and slid into a ditch, according to brings a wonderful history and an im- fective the COPS program is. So why is the Minnesota Highway Patrol. Wellisch, portant legacy of leadership in one of President Bush proposing only $164 who was wearing a seat belt, died at the the most important industries we have. million for the COPS program next scene. The investment and finance sector A St. Paul native and longtime English year, an 85 percent cut from the $1.1 professor at the University of St. Thomas, helped build this country’s pre-emi- billion that was spent in 2002? It is just Wellisch was named chaplain for the Twin nence in the global economy to the plain wrong to, on the one hand, praise, Cities Hmong Catholic community in 1984 by point that it has become. He has many take credit for, the fine work done by then-Archbishop John Roach. Eleven months happy, exciting memories. The names our local law enforcement day in and ago, the present archbishop. Harry Flynn, he remembers from that bygone era— day out while, with the other hand, appointed him as pastor of the largely those who worked for him—and with snatch away the funding that makes Hmong parish of St. Vincent De Paul, in St. him are too numerous to mention here. their work possible. Paul’s Frogtown area. And the one person who stood by him Yes, Officer Postell was just doing About 20 people from the congregation’s leadership gathered informally Sunday at through it all—the one person who will his job. And thanks to him, we can the church to mourn. be forever in his heart and who truly sleep a little easier. but not it is time The Rev. Kevin McDonough, who oversees would have enjoyed this day—his dar- for us to do our jobs. Let’s give Officer administration in the Archdiocese of St. ling wife—Kitty, the one who he misses Postell and his colleagues the tools Paul and Minneapolis, joined them.

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7232 CONGRESSIONAL RECORD — SENATE June 3, 2003 ‘‘One of the elderly Hmong ladies came up As one grieving Hmong elder told the Rev. English. He received a master’s degree and a to me, and she said, as it was translated to Kevin McDonough through a translator Sun- Ph.D. in English from the University of Min- me, ‘We are like a family that has lost its day, ‘‘We are like a family that has lost its nesota. He was ordained by the archdiocese parent.’ ’’ McDonough said. only parent.’’ in 1969 and served at St. Mark’s in St. Paul, ‘‘Father Wellisch was a very quiet, unas- Besides appreciating his Hmong services, the Cathedral of St. Paul, St. Paul’s Priory suming guy, but it was clear to the Hmong parishioners just plain liked the priest, who and Holy Trinity Catholic Church in South people that he had their interest at heart.’’ cared enough to show up at their children’s St. Paul. ‘‘He loved the Hmong,’’ said Michael birthday parties and other important social In 1984 he was appointed chaplain for the Mikolajczak, chairman of the St. Thomas events in the Hmong community. Twin Cities Hmong Catholic Community. He English Department. He recalled attending a ‘‘He would do much more than a regular also was chaplain of the Hmong American Hmong fundraiser nine years ago with priest. . . . He was so good-hearted,’’ said National Catholic Association. He became Wellisch. Kou Ly, adding that Hmong-speaking Catho- pastor at St. Vincent de Paul last June. ‘‘They wound bits of yarn around his wrists lic priests are a rarity. Survivors include three cousins, Dale in appreciation of all he’d done,’’ It was Father Bob’s good heart that took Bowen of Fridley, Alice Bowen of Sioux Falls Mikolajczak said. ‘‘Had it been I, I would him to Mankato, MN, on Saturday to attend and Gretchen Myers of Cedar Falls, Iowa. have cut [the yarn] off the next day. a pre-confirmation retreat with parish youth Funeral services are pending. ‘‘He wore them for a whole week.’’ and their parents. And his good heart led Va Thai Lo, deacon and administrator at him to drive back alone late Saturday so he [From the Pioneer Press, May 31, 2003] St. Vincent De Paul, said in a St. Thomas could celebrate Mass the next morning with HMONG HONOR LIFE OF LATE PRIEST news release that Wellisch ‘‘would go every- the rest of the flock. About 150 families be- (By Stephen Scott) where to assist (Hmong) families—to their long to the church. As they followed the casket out the back homes, to where they worked and to the hos- ‘‘It’s a tragic loss at a number of levels,’’ pitals. of the sanctuary, it was clear the Hmong said McDonough, vicar general of the Arch- men and women could scarcely let go of their ‘‘This is a tragic loss for us.’’ diocese of St. Paul and Minneapolis. ‘‘Father Among Wellisch’s accomplishments at St. priest. Bob Wellisch was one of those very gentle With the death of the Rev. Robert Vincent, McDonough said, was to help ad- souls that his brother priests had a great ministrators with budgeting. Wellisch, they felt as if they’d lost a parent. deal of respect for. This is a real personal ‘‘You can see by the pain in their eyes ‘‘He did a fine job of encouraging them loss on the part of the priests and the people along,’’ McDonough said. ‘‘This year we had what a great priest he was,’’ Archbishop he served. In the last 15 years, he was in one Harry Flynn said after Wellisch’s funeral a very mature budgeting process.’’ way or another so critical to the develop- It was unclear what led Wellisch to dedi- Friday. ‘‘There is such sadness in their faces. ment of the Hmong Catholic community.’’ They just keep saying to me, ‘Remember us. cate much of his life to the Hmong. The Rev. Wellisch, a St. Paul native, also was a full- Ed Flahavan, a retired St. Paul priest who Remember us.’ ’’ time associate professor at the University of Wellisch was the Roman Catholic chaplain keeps in touch with many local Catholic St. Thomas, where he was considered an ex- clergy, said he thought that the Rev. Daniel to the Twin Cities Hmong community since pert in Victorian literature and where he 1985. He learned their language so he could Taillez—a French priest who had once served taught in the Catholic studies department. in Vietnam—introduced Wellisch to that seg- say Mass for them. He attended their birth- ‘‘He so loved the literature and the dis- day parties, visited their sick, and confirmed ment of Southeast Asia’s population. cipline and he was so kindly attentive to stu- Wellisch learned to say the mass in and married their children. dents that I have never heard a complaint Hmong. Now there is much that a deeply grieving about him,’’ said Michael Mikolajczak, ‘‘He even learned to preach in Hmong—he’d Hmong community cannot understand. Why chairman of the English department. ‘‘He learned it that well,’’ said the Rev. James now? Why a car accident? Why on a church was teaching a full load here and then minis- Reidy, a retired priest and friend of youth trip? Why a horse? tering to the Hmong community, and he Wellisch’s. ‘‘He had the ability to pick up ‘‘Right now, our people are very, very sad didn’t stint on anything. He was just re- language very quickly,’’ because of the way he died,’’ said Va Thai Wellisch is survived by three cousins. Fu- markably generous.’’ Lo, deacon at St. Vincent de Paul Church in St. Vincent de Paul Deacon Va Thai Lo neral arrangements are pending. He earned St. Paul, home to Hmong Catholics in the had known Wellisch for 20 years. ‘‘He was an undergraduate degree St. Thomas in 1962 Twin Cities. very nice, and he loved all the people very and a master’s degree and doctorate in Wellisch, 62, died last Saturday night when much. Any time our members called him, he English from the University of Minnesota. his car hit a stray horse on U.S. 169 in would visit them at their homes if they He was ordained in 1969 and served as an as- LeSueur County. Wellisch was returning wanted—even go to their birthday parties.’’ sociate pastor at St. Mark’s Catholic Church from a confirmation retreat for St. Vincent’s Each morning, Wellisch would wake up at in St. Paul until 1971, when he joined the St. Hmong youth in Mankato, Minn. the St. Thomas faculty residence and head to Thomas faculty. The Hmong Catholics share their grief St. Vincent de Paul to celebrate the daily ‘‘He was the kindest, gentlest, most sup- with Wellisch’s other ‘‘families’’—faculty at Mass, Va Thai Lo said. Then he would return portive colleague you could want, the University of St. Thomas, where he to campus to teach. On weekends, he gave ‘‘Mikolajczak said. ‘‘He loved literature— taught literature; the English-speaking services at the church in English and Victorian, mainly, but everything, really. Catholics who make up a fourth of St. Vin- ‘‘He’d teach the modern tradition if I’d Hmong. In between, he tended to his parish- cent’s parish; and three cousins who survive want. He’d teach the classical tradition if I’d ioners’ needs. him. The deacon recalls Wellisch once confiding ask. He wasn’t afraid to pitch in. But in life, Wellisch made the Hmong com- ‘‘He was a priest the lay faculty accepted that he might be ‘‘too old’’ to learn the munity feel as if he was all theirs. as a colleague. He claimed no special privi- Hmong language. ‘‘His absence won’t be just missed,’’ said a Even so, Wellisch persevered—sometimes leges because of his collar.’’ letter from parishioners in the back of the with amusing results, said Kou Ly, who church. ‘‘We have lost our only parent. We (By Casey Selix) worked with Wellisch on pronunciation. are left as orphans who expect a parent that ‘‘He would pronounce the words funny,’’ [From the Pioneer Press, May 26, 2003] would never return.’’ Kou Ly said. ‘‘When you mispronounce a The funeral Mass at St. Vincent’s reflected ST. PAUL PRIEST TO HMONG DIES word in Hmong it can mean a totally dif- the life of a priest with a diverse calling. Some St. Vincent de Paul parishioners ferent thing—such as the word for stick. If One hundred priests and deacons processed would drive 100 miles round-trip Sunday you vary the tone a little it can mean blan- to the hymn ‘‘Los Peb Los Cav Txog Tswv mornings to hear the Rev. Robert Wellisch ket. We would just keep doing it, and he Ntuj.’’ They recessed to Amazing Grace.’’ celebrate Mass in Hmong. would laugh about it.’’ The youth choir sang Bryan Adams’ ‘‘I Will More than half of the members of the After Wellisch underwent heart bypass sur- Always Return.’’ They followed with church in St. Paul don’t speak fluent gery a few years ago, about 30 members of ‘‘Khoom Plig Zoo,’’ with lyrics they adapted English, so it means a lot to worship in their the Hmong community performed a healing in memory of Wellisch. One phrase trans- native language, said Kou Ly, who trans- ceremony. lates: ‘‘When we think of you our tears come lated the priest’s sermons into Hmong and As they tied strings around his wrist, they out.’’ coached him on pronunciation. expressed wishes for good health and a long The Rev. James Reidy’s homily focused on When Kou Ly and other parishioners ar- life for him. ‘‘Culturally, we believe that Wellisch’s life as a professor. At his death, rived at church and found locked doors Sun- whatever we say will stay in that string,’’ Wellisch worked full time at St. Thomas in day morning, they started worrying and Kou Ly said. addition to serving as the priest at St. Vin- praying. Though Hmong recommend that the cent’s. About 10 p.m. Saturday, Wellisch died after strings remain in place for three days, ‘‘He had a steady, tireless ministry to all his car hit a stray horse on U.S. 169 in Wellisch wore his for longer than that, he was called to serve,’’ Reidy said. LeSueur County, causing him to veer friends recall. The Hmong especially have been tireless in through the median and into a ditch, accord- Wellisch graduated from St. Paul’s Cretin their mourning. Nearly 50 of them remained ing to the State Patrol. Wellisch, 62, who High School in 1958 and summa cum laude in the sanctuary all night after Thursday’s was wearing a seat belt, died at the scene. from St. Thomas in 1962 with a B.A. in visitation, just to be near Wellisch’s body.

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7233 ‘‘We watch over him and look over him,’’ MEASURES PLACED ON THE 01–111)’’ received on June 1, 2003; to the Com- said Ah Thao, whose daughter attended the CALENDAR mittee on Commerce, Science, and Transpor- retreat where Wellisch was last seen alive. tation. ‘‘We don’t want to leave him alone. We guard The following bill was read the sec- EC–2450. A communication from the Senior him until he is buried.’’ ond time, and placed on the calendar: Legal Advisor to the Chief, Media Bureau, The community is anxious about what hap- S. 1162. A bill to amend the Internal Rev- Federal Communication Commission, trans- pens next. enue Code of 1986 to accelerate the increase mitting, pursuant to law, the report of a rule ‘‘It is too big of a scope to say right now,’’ in the refundability of the child tax credit, entitled ‘‘Amendment of Section 73.202(b), said Kou Ly, a parishioner who helped and for other purposes. Table of FM Allotments; FM Broadcast Sta- Wellisch learn the Hmong language, ‘‘He’s tions (Comache, Mullin and Mason, Texas) f not replaceable.’’ (MM Docket No. 01–159; RM–10164; 10395)’’ re- Va Thai Lo will continue to serve St. Vin- MEASURES READ THE FIRST TIME ceived on June 1, 2003; to the Committee on cent’s as a deacon, and various backup cler- Commerce, Science, and Transportation. gy will say Mass until an interim pastor or The following bill was read the first EC–2451. A communication from the Senior permanent priest is appointed. time: Legal Advisor to the Chief, Media Bureau, ‘‘Whenever we needed him, he was there S. 1174. A bill to amend the Internal Rev- Federal Communication Commission, trans- spiritually and morally,’’ Khamsy Yang said enue Code of 1986 to accelerate the increase mitting, pursuant to law, the report of a rule in a eulogy. ‘‘We will still have faith in God, in the refundability of the child tax credit, entitled ‘‘Amendment of Section 73.202(b), who will bring us a new priest.’’ and for other purposes. Table of Allotments, FM Broadcast Stations. (Buffalo, Oklahoma) (MB Docket No. 02–383; The Archdiocese of St. Paul and Min- f neapolis also has ministries dedicated to His- RM–10614)’’ received on June 1, 2003; to the panics, Vietnamese, Koreans, Poles, Eri- EXECUTIVE AND OTHER Committee on Commerce, Science, and treans and American Indians.∑ COMMUNICATIONS Transportation. EC–2452. A communication from the Senior f The following communications were Legal Advisor to the Chief, Media Bureau, MESSAGES FROM THE PRESIDENT laid before the Senate, together with Federal Communication Commission, trans- accompanying papers, reports, and doc- mitting, pursuant to law, the report of a rule Messages from the President of the uments, and were referred as indicated: entitled ‘‘Amendment of Section 73.202(b), United States were communicated to Table of Allotments, FM Broadcast Stations. EC–2443. A communication from the Dis- the Senate by Ms. Evans, one of his (Eldorado, Texas; Milan, New Mexico; trict of Columbia Auditor, transmitting, pur- Alpena, Michigan; Channing, Texas; secretaries. suant to law, the report entitled ‘‘Flawed Escobares, Texas; Ozone, Texas; Rotan, f Processes and Ineffective Systems of Ac- Texas; Wellington, Texas; Memphis, Texas; countability Pertaining to DCPS’ Special EXECUTIVE MESSAGES REFERRED Matador, Texas; Arthur, Nebraska; Mclean, Education Program Have Resulted In Costly Texas; and Wheeler, Texas) (MM Docket Nos. As in executive session the Presiding Legal Fees and Exorbitant Charges for Re- 01–273; 02–43; MB Docket 02–17; 02–168; 02–170; lated Services and Nonpublic Tuition’’ re- Officer laid before the Senate messages 02–172; 02–173; 02–175; 02–176; 02–291; 02–292; and ceived on June 1, 2003; to the Committee on from the President of the United 02–293)’’ received on June 1, 2003; to the Com- Governmental Affairs. States submitting sundry nominations mittee on Commerce, Science, and Transpor- EC–2444. A communication from the Sec- which were referred to the appropriate tation. retary of Labor, transmitting, pursuant to committees. EC–2453. A communication from the Senior law, the Semiannual Report of the Inspector Legal Advisor to the Chief, Media Bureau, (The nominations received today are General of the U.S. Department of Labor for printed at the end of the Senate pro- Federal Communication Commission, trans- the period October 1, 2002, through March 31, mitting, pursuant to law, the report of a rule ceedings.) 2003; to the Committee on Governmental Af- entitled ‘‘Amendment of Section 73.202(b), f fairs. Table of FM Allotments; FM Broadcast Sta- EC–2445. A communication from the Spe- tions (Douglas and Tombstone, Arizona, and MESSAGE FROM THE HOUSE cial Counsel, Office of the Special Counsel, Santa Clara, New Mexico) (MB Docket No. At 2:16 p.m., a message from the transmitting pursuant to law, the Annual 02–374; RM–10598)’’ received on June 1, 2003; Report from the Office of Special Counsel for House of Representatives, delivered by to the Committee on Commerce, Science, Fiscal Year 2002; to the Committee on Gov- and Transportation. Ms. Niland, one of its reading clerks, ernmental Affairs. announced that the House has passed EC–2454. A communication from the Senior EC–2446. A communication from the Sec- Legal Advisor to the Chief, Media Bureau, the following bill, in which it requests retary of Health and Human Services, trans- Federal Communication Commission, trans- the concurrence of the Senate. mitting, pursuant to law, the Office of In- mitting, pursuant to law, the report of a rule H.R. 1465. An act to designate the facility spector General (OIG) Semiannual Report for entitled ‘‘Amendment of Section 73.202(b), of the United States Postal Service located the period October 1, 2002, through March 31, Table of Allotment, FM Broadcast Stations at 4832 East Highway 27 in Iron Station, 2003; to the Committee on Governmental Af- (Junction, Texas) (MM Docket No. 01–132)’’ North Carolina, as the ‘‘General Charles Ga- fairs. received on June 1, 2003; to the Committee briel Post Office.’’ EC–2447. A communication from the Senior on Commerce, Science, and Transportation. Legal Advisor to the Chief, Media Bureau, The message also announced that the EC–2455. A communication from the Senior Federal Communication Commission, trans- Legal Advisor to the Chief, Media Bureau, House has agreed to the following con- mitting, pursuant to law, the report of a rule Federal Communication Commission, trans- current resolution, in which it requests entitled ‘‘Amendment of Section 73.202(b), mitting, pursuant to law, the report of a rule the concurrence of the Senate: Table of Allotments, FM Broadcast Stations. entitled ‘‘Amendment of Section 73.202(b), H. Con. Res. 172. Concurrent resolution (REydon, Oklahoma) (MM Docket No. 01–227; Table of Allotments, DTV Broadcast Sta- supporting the 20th Annual National Tour- RM–10255)’’ received on June 1, 2003; to the tions, Minot, ND (MM Doc. No. 02–282, RM– ism Week. Committee on Commerce, Science, and 10523)’’ received on June 1, 2003; to the Com- Transportation. mittee on Commerce, Science, and Transpor- f EC–2448. A communication from the Senior tation. MEASURES REFERRED Legal Advisor to the Chief, Media Bureau, EC–2456. A communication from the Senior Federal Communication Commission, trans- Legal Advisor to the Chief, Media Bureau, The following bill was read the first mitting, pursuant to law, the report of a rule Federal Communication Commission, trans- and the second times by unanimous entitled ‘‘Amendment of Section 73.202(b), mitting, pursuant to law, the report of a rule consent, and referred as indicated: Table of Allotments, FM Broadcast Stations entitled ‘‘Amendment of Section 73.202(b), H.R. 1465. An act to designate the facility (O’Brien, Stamford, Panhandle, Shamrock, Table of Allotments, DTV Broadcast Sta- of the United States Postal Service located Colorado City, Texas; Taloga, Oklahoma) tions, Jackson, WY (MB Docket No. 02–375, at 4832 East Highway 27 in Iron Station, (MB Docket Nos. 02–296, 02–297, 02–298, 02–299, RM–10605)’’ received on June 1, 2003; to the North Carolina, as the ‘‘General Charles Ga- 02–300, 02–302)’’ received on June 1, 2003; to Committee on Commerce, Science, and briel Post Office’’; to the Committee on Gov- the Committee on Commerce, Science, and Transportation. ernmental Affairs. Transportation. EC–2457. A communication from the Senior EC–2449. A communication from the Senior Legal Advisor to the Chief, Media Bureau, The following concurrent resolution Legal Advisor to the Chief, Media Bureau, Federal Communication Commission, trans- was read, and referred as indicated: Federal Communication Commission, transmitting, pursuant to law, the report of a rule H. Con. Res. 172. Concurrent resolution mitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Section 73.202(b), supporting the 20th Annual National Tour- entitled ‘‘Amendment of Section 73.202(b), Table of Allotments, DTV Broadcast Sta- ism Week; to the Committee on the Judici- Table of Allotments, FM Broadcast Stations tions, Great Falls, MT (MM Docket No. 00– ary. (Alamo and Milan, Georgia) (MM Docket No. 246, RM–9859)’’ received on June 1, 2003; to

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7234 CONGRESSIONAL RECORD — SENATE June 3, 2003 the Committee on Commerce, Science, and tional Marine Fisheries Service, Department erty—Instructions for Preparing NASA Form Transportation. of Commerce, transmitting, pursuant to law, 1018 (48 CFR 1845)’’ received on June 1, 2003; EC–2458. A communication from the Senior the report of a rule entitled ‘‘Correction to to the Committee on Commerce, Science, Legal Advisor to the Chief, Media Bureau, Figure 6 to Part 679; Changes to Length and Transportation. Federal Communication Commission, trans- Overall of a Vessel at Section 679.2 (0679)’’ re- EC–2475. A communication from the Direc- mitting, pursuant to law, the report of a rule ceived on June 1, 2003; to the Committee on tor, National Oceanic and Atmospheric Ad- entitled ‘‘Amendment of Section 73.202(b), Commerce, Science, and Transportation. ministration, Department of Commerce, Table of Allotments, DTV Broadcast Sta- EC–2467. A communication from the Acting transmitting, pursuant to law, the report en- tions, Derby, KS (MM Docket No. 01–44, RM– Director, Office of Sustainable Fisheries, Na- titled ‘‘Status of Fisheries of the United 10022)’’ received on June 1, 2003; to the Com- tional Marine Fisheries Service, Department States’’; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- of Commerce, transmitting, pursuant to law, Science, and Transportation. tation. the report of a rule entitled ‘‘Closure; pro- f EC–2459. A communication from the Senior hibiting retention of Pacific cod by vessels Legal Advisor to the Chief, Media Bureau, catching Pacific cod for processing by the REPORTS OF COMMITTEES Federal Communication Commission, trans- offshore component in the Western Regu- mitting, pursuant to law, the report of a rule latory Area of the Gulf of Alaska (GOA) The following reports of committees entitled ‘‘Amendment of Section 73.202(b), (0679)’’ received on June 1, 2003; to the Com- were submitted: Table of Allotments, FM Broadcast Stations. mittee on Commerce, Science, and Transpor- By Mr. INHOFE, from the Committee on (Opelousas, Louisiana) (MB Docket No. 02– tation. Environment and Public Works, with an 322; RM–10584)’’ received on June 1, 2003; to EC–2468. A communication from the Acting amendment in the nature of a substitute: the Committee on Commerce, Science, and Director, Office of Sustainable Fisheries, Na- S. 791. A bill to amend the Clean Air Act to Transportation. tional Marine Fisheries Service, Department eliminate methyl tertiary butyl ether from EC–2460. A communication from the Senior of Commerce, transmitting, pursuant to law, the United States fuel supply, to increase Legal Advisor to the Chief, Media Bureau, the report of a rule entitled ‘‘Hazardous Ma- production and use of renewable fuel, and to Federal Communication Commission, trans- terials: Requirement for Maintenance, Re- increase the Nation’s energy independence, mitting, pursuant to law, the report of a rule qualifications, Repair and Use of DOT Speci- and for other purposes (Rept. No. 108–57). entitled ‘‘Amendment of Section 73.202(b), fication Cylinders; Correction of Compliance By Mr. MCCAIN, from the Committee on Table of Allotments, TV Broadcast Stations, Dates (CORRECTION to Final Rule Compli- Commerce, Science, and Transportation, Hartford, CN (MM Doc. No. 01–306, RM– ance dates) (2137–AD58)’’ received on June 1, without amendment: 10152)’’ received on June 1, 2003; to the Com- 2003; to the Committee on Commerce, S. 886. A bill to ratify otherwise legal ap- mittee on Commerce, Science, and Transpor- Science, and Transportation. pointments and promotions in the commis- tation. EC–2469. A communication from the Attor- sioned corps of the National Oceanic and At- EC–2461. A communication from the Senior ney, Research and Special Programs Admin- mospheric Administration that failed to be Legal Advisor to the Chief, Media Bureau, istration, Department of Transportation, submitted to the Senate for its advice and Federal Communication Commission, trans- transmitting, pursuant to law, the report of consent as required by law, and for other mitting, pursuant to law, the report of a rule a rule entitled ‘‘Hazardous Materials: Trans- purposes (Rept. No. 108–58). entitled ‘‘Amendment of Section 73.622(b), portation of Hazardous Materials; Unloading Table of Allotments, DTV Broadcast Sta- of Intermodal (IM) and UN Portable Tanks f tions, Blanco, TX (MB Docket No. 02–280, on Transport Vehicles (2137–AD44)’’ received INTRODUCTION OF BILLS AND RM–10558)’’ received on June 1, 2003; to the on June 1, 2003; to the Committee on Com- JOINT RESOLUTIONS Committee on Commerce, Science, and merce, Science, and Transportation. Transportation. EC–2470. A communication from the Assist- The following bills and joint resolu- EC–2462. A communication from the Senior ant Chief Counsel, Maritime Administration, tions were introduced, read the first Legal Advisor to the Chief, Media Bureau, Department of Transportation, transmitting, and second times by unanimous con- Federal Communication Commission, trans- pursuant to law, the report of a rule entitled sent, and referred as indicated: mitting, pursuant to law, the report of a rule ‘‘Regulated Transactions Involving Docu- entitled ‘‘Amendment of Section 73.622(b), mented Vessels and Other Maritime Inter- By Mr. BINGAMAN: Table of Allotments, DTV Broadcast Sta- ests; Inflation Adjustment of Civil Monetary S. 1168. A bill to amend title 23, United tions, Hibbing, MN (MB Doc. No. 01–116, RM– Penalties (2133–AB48)’’ received on June 1, States Code, to establish a program to in- 10069)’’ received on June 1, 2003; to the Com- 2003; to the Committee on Commerce, crease the use of recyclable material in the mittee on Commerce, Science, and Transpor- Science, and Transportation. construction of Federal-aid highways; to the tation. EC–2471. A communication from the Attor- Committee on Environment and Public EC–2463. A communication from the Acting ney Advisor, National Highway Traffic Safe- Works. Director, Office of Sustainable Fisheries, Na- ty Administration, Department of Transpor- By Mr. SPECTER: tional Marine Fisheries Service, Department tation, transmitting, pursuant to law, the re- S. 1169. A bill to decrease the United States of Commerce, transmitting, pursuant to law, port of a rule entitled ‘‘Federal Motor Vehi- dependence on imported oil by the year 2015; the report of a rule entitled ‘‘Fisheries Off cle Safety Standards; Child Restraint An- to the Committee on Commerce, Science, West Coast States in the Western Pacific; chorage Systems; Final Rule; Interim Final and Transportation. Pacific Coast Groundfish Fishery; Annual Rule, Request for Comments (2127–AI49)’’ re- By Mr. WYDEN: Specifications and Management Measures; ceived on June 1, 2003; to the Committee on S. 1170. A bill to designate certain conduct Trip Limit Adjustments; Pacific Halibut Commerce, Science, and Transportation. by sports agents relating to signing of con- Fisheries; Correction (I.D. 042803E)’’ received EC–2472. A communication from the Dep- tracts with student athletes as unfair and on June 1, 2003; to the Committee on Com- uty Assistant Administrator, Regulatory deceptive acts or practices to be regulated by merce, Science, and Transportation. Programs, National Marine Fisheries Serv- the Federal Trade Commission; to the Com- EC–2464. A communication from the Acting ice, transmitting, pursuant to law, the re- mittee on Commerce, Science, and Transpor- Director, Office of Sustainable Fisheries, Na- port of a rule entitled ‘‘Correction to the tation. tional Marine Fisheries Service, Department Final Rule Implementing Stellar Sea Lion By Mr. AKAKA: of Commerce, transmitting, pursuant to law, Protection Measures for the BSAI and GOA S. 1171. A bill for the relief of Vichai Sae the report of a rule entitled ‘‘Reopening of Groundfish Fisheries (0679)’’ received on Tung (also known as Chai Chaowasaree); to the directed fishing for yellowfish sole by June 1, 2003; to the Committee on Commerce, the Committee on the Judiciary. vessels using trawl gear in the Bering Sea Science, and Transportation. By Mr. FRIST (for himself, Mr. BINGA- and Aleution Islands management area EC–2473. A communication from the Assist- MAN, Mr. DODD, Mr. DEWINE, Mrs. (BSAI)’’ received on June 1, 2003; to the Com- ant Administrator for Procurement, Na- CLINTON, Mr. WARNER, Mrs. MURRAY, mittee on Commerce, Science, and Transpor- tional Aeronautics and Space Administra- Mr. LUGAR, Ms. LANDRIEU, Mr. SES- tation. tion, transmitting, pursuant to law, the re- SIONS, and Mr. ALEXANDER): EC–2465. A communication from the Acting port of a rule amending the definitions of S. 1172. A bill to establish grants to provide Director, Office of Sustainable Fisheries, Na- ‘‘contracting activity’’ and ‘‘head of con- health services for improved nutrition, in- tional Marine Fisheries Service, Department tracting activity’’ consistent with realign- creased physical activity, obesity preven- of Commerce, transmitting, pursuant to law, ment of program management responsibil- tion, and for other purposes; to the Com- the report of a rule entitled ‘‘Closure of Di- ities between NASA Headquarters and the mittee on Health, Education, Labor, and rected fishing for Pacific cod catcher vessels field centers (RIN 2700–AC33)’’; to the Com- Pensions. less than 60 feet length overall (LOA) using mittee on Commerce, Science, and Transpor- By Mr. GRASSLEY (for himself, Mr. hook-and-line or pot gear in the Bering Sea tation. FRIST, Mr. GRAHAM of South Caro- and Aleutian Islands management area’’ re- EC–2474. A communication from the Acting lina, Mr. ALEXANDER, and Mrs. ceived on June 1, 2003; to the Committee on Assistant Administrator for Procurement, HUTCHISON): Commerce, Science, and Transportation. National Aerospace and Space Administra- S. 1173. A bill to amend the Internal Rev- EC–2466. A communication from the Acting tion, transmitting, pursuant to law, the re- enue Code of 1986 to accelerate the increase Director, Office of Sustainable Fisheries, Na- port of a rule entitled ‘‘Government Prop- in the refundability of the child tax credit,

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7235 and for other purposes; to the Committee on (Mr. TALENT) and the Senator from (Mr. FEINGOLD) was added as a cospon- Finance. New Hampshire (Mr. GREGG) were sor of S. 453, a bill to authorize the By Mr. GRASSLEY (for himself, Mr. added as cosponsors of S. 198, a bill to Health Resources and Services Admin- FRIST, Mr. GRAHAM of South Caro- amend the Internal Revenue Code of istration and the National Cancer In- lina, Mr. ALEXANDER, and Mrs. 1986 to allow an income tax credit for HUTCHISON): stitute to make grants for model pro- S. 1174. A bill to amend the Internal Rev- the provision of homeownership and grams to provide to individuals of enue Code of 1986 to accelerate the increase community development, and for other health disparity populations preven- in the refundability of the child tax credit, purposes. tion, early detection, treatment, and and for other purposes; read the first time. S. 300 appropriate follow-up care services for By Ms. STABENOW (for herself, Mr. At the request of Mr. KERRY, the cancer and chronic diseases, and to SMITH, and Mr. DAYTON): name of the Senator from Maryland S. 1175. A bill to amend the Internal Rev- make grants regarding patient naviga- enue Code of 1986 to allow a refundable credit (Ms. MIKULSKI) was added as a cospon- tors to assist individuals of health dis- against income tax for the purchase of a sor of S. 300, a bill to award a congres- parity populations in receiving such principal residence by a first-time home- sional gold medal to Jackie Robinson services. buyer; to the Committee on Finance. (posthumously), in recognition of his S. 514 By Mr. BYRD: many contributions to the Nation, and S. 1176. A bill to complete construction of At the request of Mr. BUNNING, the to express the sense of Congress that name of the Senator from Kansas (Mr. the 13-State Appalachian development high- there should be a national day in rec- ROBERTS) was added as a cosponsor of way system, and for other purposes; to the ognition of Jackie Robinson. Committee on Environment and Public S. 514, a bill to amend the Internal Works. S. 310 Revenue Code of 1986 to repeal the 1993 By Mr. HATCH (for himself and Mr. At the request of Mr. THOMAS, the income tax increase on Social Security KOHL): names of the Senator from New Mexico benefits. S. 1177. A bill to ensure the collection of all (Mr. BINGAMAN) and the Senator from S. 544 cigarette taxes, and for other purposes; to Virginia (Mr. WARNER) were added as the Committee on the Judiciary. cosponsors of S. 310, a bill to amend At the request of Mr. DODD, the name f title XVIII of the Social Security Act of the Senator from New Jersey (Mr. CORZINE) was added as a cosponsor of S. SUBMISSION OF CONCURRENT AND to provide for the coverage of marriage 544, a bill to establish a SAFER Fire- SENATE RESOLUTIONS and family therapist services and mental health counselor services under fighter Grant Program. The following concurrent resolutions part B of the medicare program, and S. 554 and Senate resolutions were read, and for other purposes. At the request of Mr. SCHUMER, the referred (or acted upon), as indicated: S. 322 name of the Senator from Illinois (Mr. By Mr. ALLEN (for himself and Mr. At the request of Mr. INOUYE, the DURBIN) was added as a cosponsor of S. WARNER): S. Res. 158. A resolution commending the name of the Senator from Alaska (Mr. 554, a bill to allow media coverage of University of Virginia Cavaliers men’s la- STEVENS) was added as a cosponsor of court proceedings. crosse team for winning the 2003 NCAA Divi- S. 322, a bill to amend the Internal S. 576 sion I Men’s Lacrosse Championship; to the Revenue Code of 1986 to exempt certain At the request of Mr. CONRAD, the Committee on the Judiciary. sightseeing flights from taxes on air name of the Senator from Georgia (Mr. f transportation. CHAMBLISS) was added as a cosponsor of ADDITIONAL COSPONSORS S. 333 S. 576, a bill to amend the Internal At the request of Mr. BREAUX, the Revenue Code of 1986 to provide a S. 13 name of the Senator from New York shorter recovery period for the depre- At the request of Mr. KYL, the name (Mrs. CLINTON) was added as a cospon- ciation of certain leasehold improve- of the Senator from Nebraska (Mr. sor of S. 333, a bill to promote elder ments. HAGEL) was added as a cosponsor of S. justice, and for other purposes. S. 623 13, a bill to provide financial security S. 392 At the request of Mr. WARNER, the to family farm and small business own- At the request of Mr. REID, the name of the Senator from South Caro- ers while by ending the unfair practice names of the Senator from Massachu- lina (Mr. HOLLINGS) was added as a co- of taxing someone at death. setts (Mr. KENNEDY) and the Senator sponsor of S. 623, a bill to amend the S. 140 from Texas (Mrs. HUTCHISON) were Internal Revenue Code of 1986 to allow At the request of Mrs. FEINSTEIN, the added as cosponsors of S. 392, a bill to Federal civilian and military retirees name of the Senator from Delaware amend title 10, United States Code, to to pay health insurance premiums on a (Mr. CARPER) was added as a cosponsor permit retired members of the Armed pretax basis and to allow a deduction of S. 140, a bill to amend the Higher Forces who have a service-connected for TRICARE supplemental premiums. Education Act of 1965 to extend loan disability to receive both military re- S. 636 forgiveness for certain loans to Head tired pay by reason of their years of Start teachers. military service and disability com- At the request of Ms. COLLINS, the name of the Senator from Mississippi S. 171 pensation from the Department of Vet- (Mr. COCHRAN) was added as a cospon- At the request of Mr. DAYTON, the erans Affairs for their disability. sor of S. 636, a bill to amend title XVIII name of the Senator from South Da- S. 448 of the Social Security Act to provide kota (Mr. DASCHLE) was added as a co- At the request of Mr. DODD, the name sponsor of S. 171, a bill to amend the of the Senator from New York (Mr. for a permanent increase in medicare payments for home health services title XVIII of the Social Security Act SCHUMER) was added as a cosponsor of to provide payment to medicare ambu- S. 448, a bill to leave no child behind. that are furnished in rural areas. S. 652 lance suppliers of the full costs of pro- S. 451 viding such services, and for other pur- At the request of Ms. SNOWE, the At the request of Mr. CHAFEE, the poses. name of the Senator from Mississippi names of the Senator from New York S. 184 (Mr. LOTT) was added as a cosponsor of (Mr. SCHUMER) and the Senator from Il- At the request of Mr. DODD, the name S. 451, a bill to amend title 10, United linois (Mr. DURBIN) were added as co- of the Senator from Massachusetts States Code, to increase the minimum sponsors of S. 652, a bill to amend title (Mr. KENNEDY) was added as a cospon- Survivor Benefit Plan basic annuity for XIX of the Social Security Act to ex- sor of S. 184, a bill to amend section 401 surviving spouses age 62 and older, to tend modifications to DSH allotments (b)(2) of the Higher Education Act of provide for a one-year open season provided under the Medicare, Medicaid, 1965 regarding the Federal Pell Grant under that plan, and for other pur- and SCHIP Benefits Improvement and maximum amount. poses. Protection Act of 2000. S. 198 S. 453 S. 684 At the request of Mr. SMITH, the At the request of Mrs. HUTCHISON, the At the request of Mr. BUNNING, his names of the Senator from Missouri name of the Senator from Wisconsin name was added as a cosponsor of S.

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7236 CONGRESSIONAL RECORD — SENATE June 3, 2003 684, a bill to create an office within the S. 976 S. 1015 Department of Justice to undertake At the request of Mr. WARNER, the At the request of Mr. GREGG, the certain specific steps to ensure that all name of the Senator from New York name of the Senator from Maryland American citizens harmed by terrorism (Mrs. CLINTON) was added as a cospon- (Ms. MIKULSKI) was added as a cospon- overseas receive equal treatment by sor of S. 976, a bill to provide for the sor of S. 1015, a bill to authorize grants the United States Government regard- issuance of a coin to commemorate the through the Centers for Disease Con- less of the terrorists’ country of origin 400th anniversary of the Jamestown trol and Prevention for mosquito con- or residence, and to ensure that all ter- settlement. trol programs to prevent mosquito- rorists involved in such attacks are S. 982 borne diseases, and for other purposes. pursued, prosecuted, and punished with At the request of Mrs. BOXER, the S. 1046 equal vigor, regardless of the terror- names of the Senator from Minnesota At the request of Mr. HOLLINGS, the ists’ country of origin or residence. (Mr. COLEMAN) and the Senator from names of the Senator from Connecticut S. 764 Connecticut (Mr. LIEBERMAN) were (Mr. DODD) and the Senator from North At the request of Mr. CAMPBELL, the added as cosponsors of S. 982, a bill to Carolina (Mr. EDWARDS) were added as name of the Senator from New Hamp- halt Syrian support for terrorism, end cosponsors of S. 1046, a bill to amend shire (Mr. SUNUNU) was added as a co- its occupation of Lebanon, stop its de- the Communications Act of 1934 to pre- sponsor of S. 764, a bill to extend the velopment of weapons of mass destruc- serve localism, to foster and promote authorization of the Bulletproof Vest tion, cease its illegal importation of the diversity of television program- Partnership Grant Program. Iraqi oil, and hold Syria accountable ming, to foster and promote competi- S. 846 for its role in the Middle East, and for tion, and to prevent excessive con- At the request of Mr. SMITH, the other purposes. centration of ownership of the nation’s name of the Senator from Colorado S. 983 television broadcast stations. (Mr. ALLARD) was added as a cosponsor At the request of Mr. CHAFEE, the S. 1046 of S. 846, a bill to amend the Internal name of the Senator from Michigan At the request of Mr. STEVENS, the Revenue Code of 1986 to allow a deduc- (Ms. STABENOW) was added as a cospon- names of the Senator from Washington tion for premiums on mortgage insur- sor of S. 983, a bill to amend the Public (Mrs. MURRAY) and the Senator from ance, and for other purposes. Health Service Act to authorize the Di- Maine (Ms. SNOWE) were added as co- S. 875 rector of the National Institute of En- sponsors of S. 1046, supra. At the request of Mr. KERRY, the vironmental Health Sciences to make S. 1090 name of the Senator from New Hamp- grants for the development and oper- At the request of Mr. VOINOVICH, the shire (Mr. GREGG) was added as a co- ation of research centers regarding en- name of the Senator from Virginia (Mr. sponsor of S. 875, a bill to amend the vironmental factors that may be re- ALLEN) was added as a cosponsor of S. Internal Revenue Code of 1986 to allow lated to the etiology of breast cancer. 1090, a bill to amend title 23, United an income tax credit for the provision S. 985 States Code, to increase the minimum of homeownership and community de- At the request of Mr. DODD, the name allocation provided to States for use in velopment, and for other purposes. of the Senator from New Jersey (Mr. carrying out certain highway pro- S. 899 LAUTENBERG) was added as a cosponsor grams. At the request of Mrs. HUTCHISON, the of S. 985, a bill to amend the Federal S. 1092 names of the Senator from Maryland Law Enforcement Pay Reform Act of At the request of Mr. CAMPBELL, the (Ms. MIKULSKI), the Senator from Or- 1990 to adjust the percentage differen- names of the Senator from Virginia egon (Mr. SMITH) and the Senator from tials payable to Federal law enforce- (Mr. ALLEN), the Senator from New Illinois (Mr. DURBIN) were added as co- ment officers in certain high-cost Mexico (Mr. BINGAMAN), the Senator sponsors of S. 899, a bill to amend title areas, and for other purposes. from South Carolina (Mr. GRAHAM) and XVIII of the Social Security Act to re- S. 987 the Senator from South Dakota (Mr. store the full market basket percent- At the request of Mr. DORGAN, the JOHNSON) were added as cosponsors of age increase applied to payments to name of the Senator from Louisiana S. 1092, a bill to authorize the estab- hospitals for inpatient hospital serv- (Ms. LANDRIEU) was added as a cospon- lishment of a national database for ices furnished to medicare bene- sor of S. 987, a bill to amend title XVIII purposes of identifying, locating, and ficiaries, and for other purposes. of the Social Security Act to provide cataloging the many memorials and S. 939 for national standardized payment permanent tributes to America’s vet- At the request of Mr. HAGEL, the amounts for inpatient hospital services erans. name of the Senator from South Da- furnished under the medicare program S. 1153 kota (Mr. DASCHLE) was added as a co- and to make other rural health care At the request of Mr. SPECTER, the sponsor of S. 939, a bill to amend part improvements. name of the Senator from Maine (Ms. B of the Individuals with Disabilities S. 1008 COLLINS) was added as a cosponsor of S. Education Act to provide full Federal At the request of Mr. CAMPBELL, the 1153, a bill to amend title 38, United funding of such part, to provide an ex- name of the Senator from Louisiana States Code, to permit medicare-eligi- ception to the local maintenance of ef- (Ms. LANDRIEU) was added as a cospon- ble veterans to receive an out-patient fort requirements, and for other pur- sor of S. 1008, a bill to provide for the medication benefit, to provide that cer- poses. establishment of summer health career tain veterans who receive such benefit S. 950 introductory programs for middle and are not otherwise eligible for medical At the request of Mr. ENZI, the name high school students. care and services from the Department of the Senator from Missouri (Mr. S. 1011 of Veterans Affairs, and for other pur- BOND) was added as a cosponsor of S. At the request of Mr. KERRY, the poses. 950, a bill to allow travel between the name of the Senator from South Da- S. 1157 United States and Cuba. kota (Mr. JOHNSON) was added as a co- At the request of Mr. BROWNBACK, the S. 953 sponsor of S. 1011, a bill to amend title names of the Senator from Maryland At the request of Ms. LANDRIEU, the II of the Social Security Act to restrict (Mr. SARBANES), the Senator from Ha- name of the Senator from Hawaii (Mr. the application of the windfall elimi- waii (Mr. INOUYE), the Senator from INOUYE) was added as a cosponsor of S. nation provision to individuals whose Ohio (Mr. VOINOVICH) and the Senator 953, a bill to amend chapter 53 of title combined monthly income from bene- from Georgia (Mr. CHAMBLISS) were 5, United States Code, to provide spe- fits under such title and other monthly added as cosponsors of S. 1157, a bill to cial pay for board certified Federal periodic payments exceeds $2,000 and to establish within the Smithsonian Insti- Employees who are employed in health provide for a graduated implementa- tution the National Museum of African science positions, and for other pur- tion of such provision on amounts American History and Culture, and for poses. above such $2,000 amount. other purposes.

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7237 S. 1162 would contradict the spirit of athletic of Transportation to establish a recy- At the request of Mrs. LINCOLN, the equality and the intent to prohibit sex cled roads incentive grant program to names of the Senator from New York discrimination in education programs encourage the use of recyclable mate- (Mr. SCHUMER), the Senator from New or activities receiving Federal finan- rial in the construction of Federal-aid Jersey (Mr . LAUTENBERG), the Senator cial assistance. highways by States and Indian tribes. from Massachusetts (Mr. KERRY), the AMENDMENT NO. 539 The program will provide two types of Senator from Florida (Mr. GRAHAM), At the request of Mr. BUNNING, his grants. The first type, which is funded the Senator from Montana (Mr. BAU- name was added as a cosponsor of up to $125,000 per year, will be for a CUS), the Senator from Maryland (Mr. amendment No. 539 proposed to S. 14, a State or Indian tribe to use in employ- SARBANES), the Senator from Maryland bill to enhance the energy security of ing a coordinator to promote the use of (Ms. MIKULSKI), the Senator from the United States, and for other pur- recyclable material in Federal-aid highway construction. The second Vermont (Mr. LEAHY), the Senator poses. from Nebraska (Mr. NELSON), the Sen- type, which is funded up to $1,400,000 AMENDMENT NO. 841 ator from Florida (Mr. NELSON), the per year, will be for a State or Indian At the request of Mr. DODD, his name Senator from Michigan (Mr. LEVIN), tribe to use to carry out projects and was withdrawn as a cosponsor of the Senator from Delaware (Mr. CAR- activities to promote the expanded use amendment No. 841 proposed to S. 14, a PER), the Senator from South Carolina of recycled material in Federal-aid bill to enhance the energy security of (Mr. HOLLINGS), the Senator from Dela- highway construction and mainte- the United States, and for other pur- ware (Mr. BIDEN), the Senator from nance. Total funding for both grants is poses. $123,525,000 per year. Pennsylvania (Mr. SPECTER), the Sen- The case for expanded use of recycled ator from Washington (Ms. CANTWELL), f materials in road construction is clear. the Senator from South Dakota (Mr. STATEMENTS ON INTRODUCED Dr. T. Taylor Eighmy, Director of the DASCHLE), the Senator from Michigan BILLS AND JOINT RESOLUTIONS University of New Hampshire Recycled (Ms. STABENOW), the Senator from Con- By Mr. BINGAMAN: Materials Resource Center, from an ar- necticut (Mr. DODD), the Senator from S. 1168. A bill to amend title 23, ticle entitled ‘‘The Road to Reuse’’ North Dakota (Mr. CONRAD), the Sen- United States Code, to establish a pro- published in the professional journal ator from Ohio (Mr. VOINOVICH), the gram to increase the use of recyclable Civil Engineering, states the case well: Senator from Hawaii (Mr. AKAKA), the material in the construction of Fed- ‘‘Why should we as a society continue Senator from North Dakota (Mr. DOR- eral-aid highway; to the Committee on to dispose of materials that may have GAN), the Senator from Rhode Island Environment and Public Works. inherent engineering value and suit- (Mr. CHAFEE), the Senator from Wis- Mr. BINGAMAN. Mr. President, I rise able environmental properties and con- consin (Mr. KOHL), the Senator from to introduce legislation that I believe tinue to rely on nonrenewable natural California (Mrs. FEINSTEIN), the Sen- will provide the necessary incentives to resources in constructing the U.S. in- ator from California (Mrs. BOXER) and improve State efforts in the use of re- frastructure? Indeed, these materials the Senator from Indiana (Mr. BAYH) cycled materials in highway construc- may become increasingly deserving of were added as cosponsors of S. 1162, a consideration as we tackle deterio- bill to amend the Internal Revenue tion and maintenance. The use of recycled materials in highways is an estab- rating infrastructure problems in the Code of 1986 to accelerate the increase United States. And the use of recycled lished process in certain parts of the in the refundability of the child tax materials in lieu of natural materials United States, with some States using credit, and for other purposes. may provide additional environmental recycled materials on a regular basis. S. 1162 benefits through better performance These materials include fly ash, bot- At the request of Mrs. MURRAY, her and lower cost because there would be tom ash, rubber products from old name was added as a cosponsor of S. less need to mine, process, and trans- tires, and reprocessed concrete and as- 1162, supra. port traditional materials. phalt pavements. Less commonly used S. CON. RES. 44 ‘‘Applications for recycled materials recycled commodities include glass and within the highway environment in- At the request of Mr. AKAKA, the plastic. The American Association of name of the Senator from Alaska (Mr. clude both bound and unbound uses: as- State Highway and Transportation Of- phalt pavements, portland cement con- STEVENS) was added as a cosponsor of ficials has recently approved specifica- S. Con. Res. 44, a concurrent resolution crete pavement, granular bases and tions for the use of biomass, including subbases, stabilized bases, embank- recognizing the contributions of Asian small diameter timber, providing an Pacific Americans to our Nation. ments, structural fills, flowable fills, additional avenue for use of recycled soil cover and erosion control, and ap- S. RES. 118 material. The list of accomplishments purtenances. Materials such as re- At the request of Mrs. BOXER, the is impressive, but its application is claimed asphalt pavement, RAP, are names of the Senator from New Mexico limited. Many States could do much widely recycled using both in-place and (Mr. BINGAMAN), the Senator from more with the use of recycled mate- off-site recycling methods. More than Maryland (Ms. MIKULSKI), the Senator rials in their highway systems. 45 States use RAP. The National As- from New Jersey (Mr. CORZINE), the Challenges faced by States in the use phalt Paving Association reported in Senator from Arkansas (Mr. PRYOR) of recycled material in highways are April 2000 that RAP has one of the and the Senator from Washington (Mrs. attributed to several factors. Some highest recycling rates in the United MURRAY) were added as cosponsors of State Departments of Transportation States—close to 80 percent. About 73 S. Res. 118, a resolution supporting the are unaware of the different types of million tons are recycled each year, goals of the Japanese American, Ger- recycled materials that are available saving the taxpayers about $300 million man American, and Italian American in today’s construction industry. Oth- annually.’’ communities in recognizing a National ers do not have the technical expertise The example of RAP is one of our Day of Remembrance to increase pub- to take advantage of the broad range of best success stories in the use of recy- lic awareness of the events surrounding recycled materials and techniques. cled materials in roads. However, there the restriction, exclusion, and intern- Some may not have developed the nec- is much more that can be done. As Dr. ment of individuals and families during essary procurement infrastructure to Eighmy explains, ‘‘. . . the number of World War II. include the use of recycled materials in states that use recycled materials var- S. RES. 153 highway construction. ies significantly, as do the approaches At the request of Mrs. MURRAY, the To assist States in overcoming these states take in conducting beneficial name of the Senator from Delaware obstacles and to provide necessary in- use determinations, particularly on (Mr. BIDEN) was added as a cosponsor of centives for the expansion of this eco- less traditional materials. There is a S. Res. 153, a resolution expressing the nomically and environmentally viable general sense that states with higher sense of the Senate that changes to practice, I am introducing the Recy- industrial activities use more of the re- athletics policies issued under title IX cled Roads Act of 2003. The purpose of sulting by-products. . . . There also ap- of the Education Amendments of 1972 this bill is to authorize the Secretary pears to be a relation between a state’s

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7238 CONGRESSIONAL RECORD — SENATE June 3, 2003 commitment to recycling and the ma- consent that the text of the bill be dustrial activity use more of the resulting turity of the beneficial use program in printed in the RECORD. by-products—foundry sands and slags, for ex- that state.’’ There being no objection, the mate- ample. There also appears to be a relation The Federal Highway Administration rial was ordered to be printed in the between a state’s commitment to recycling and the maturity of the beneficial use pro- produced a policy on recycled mate- RECORD, as follows: gram in that state. rials in February of 2002, which strong- [From Civil Engineering, Sept. 2001] A number of European countries have rou- ly encourages the use of existing recy- THE ROAD TO REUSE tinely used recycled materials since the 1970s clable materials in highway construc- (By T. Taylor Eighmy and Bryan J. Magee) with a high degree of success. What is re- tion and maintenance. As stated in the markable about the European story is the re- Why should we as a society continue to cycling rate of materials used (material policy, ‘‘Recycling presents environ- dispose of materials that may have inherent mental opportunities and challenges, used/material produced) in the highway envi- engineering value and suitable environ- ronment with rates of 100 percent frequently which, when appropriately addressed, mental properties and continue to rely on noted. The Netherlands, a populous country can maximize the benefits of reuse. nonrenewable natural resources in con- with more limited aggregate resources and a The use of most recycled materials structing the U.S. infrastructure? Shouldn’t high degree of industrialization and interest poses no threat or danger to the air, we be making a concerted effort to use recy- in land reclamation, is the best example. The soil, or water. Furthermore, careful de- cled materials as substitutes for natural ag- annual reported totals of metric tons used, gregates or materials in the construction of sign, engineering and application of re- together with the recycling rates, are as fol- highway infrastructure? Indeed, these mate- lows: steel slag—0.5 million, 100 percent; cycled materials can reduce or elimi- rials may become increasingly deserving of nate the need to search for and extract blast furnace slag—1.2 million, 100 percent; consideration as we tackle deteriorating in- coal bottom ash—0.08 million, 100 percent; new, virgin materials from the land. frastructure problems in the United States. coal fly ash—0.85 million, 100 percent; con- ‘‘The engineering feasibility of using And the use of recycled materials in lieu of struction and demolition aggregates—9.2 recycled materials has been dem- naturals materials may provide additional million, 100 percent; municipal solid waste onstrated in research, field studies, ex- environmental benefits through better per- combustion bottom ash—0.8 million, 100 per- perimental projects and long-term performance and lower cost because there would cent; and RAP—10.7 million, 100 percent. be less need to mine, process, and transport formance testing and analysis. Signifi- Data from a variety of sources suggest po- traditional materials. tential sources of recycled materials for use cant advances in technology over the There are many types of wastes and by- past decade have increased the types of in the highway environment. In their paper product materials with potential uses in the ‘‘Utilization of Waste Materials in Civil En- recycled materials in use and the range highway environment. Ground recycled as- gineering,’’ R.J. Collins and S.K. Ciesielski of their applications. When appro- phalt pavement, crushed reclaimed concrete, cited four major sources of waste and by- priately used, recycled materials can foundry sands, coal bottom ash, blast fur- product materials for highway use: agri- effectively and safely reduce cost, nace slags, nonferrous slags, steel slags, culture (2,100 million tons [1,905 million Mg] stave time, offer equal or in some quarry by-products, shredded tires, and glass per year), domestic (200 million tons [181 mil- cullet can all serve as aggregate substitutes. lion Mg] per year) industrial (400 million cases, significant improvement to per- Cement kiln dusts, silica fume, ground-gran- formance qualities, and provide long- tons [363 million Mg] per year), and mineral ulated blast furnace slag, class F coal fly (1,800 million tons [1,633 million Mg] per term environmental benefits.’’ ash, and class C coal fly ash can serve as al- year). Combined, these account for about 4.5 The Federal Highway Administration ternative cementitious materials. Ground re- billion tons per year. policy is supported by both science and cycled asphalt pavement, roofing shingle Recent data from the Federal Highway Ad- a common sense approach to the needs scraps, and ground rubber can serve as ministration (FHWA) indicate that in 1997 of building and maintaining our na- sources of asphalt cement or asphalt modi- there were almost 4 million mi (6.4 million tional highway system. This bill pro- fiers. And coal combustion by-products, km) of roads in the United States—4 percent vides the necessary incentives to ex- wood ash, sludge ash, composted biomass, under federal jurisdiction, 21 percent under and ground wood wastes can serve as soil state jurisdiction, and 75 percent under local pand these beneficial recycling prac- amendments, soil cover, mulch, and erosion jurisdiction. Data from 1992 on material uses tices, and increase the associated envi- control materials. in the highway environment from the Na- ronmental and engineering impacts. Applications for recycled materials within tional Research Council show that the con- In addition, this legislation was de- the highway environment include both struction, rehabilitation, and maintenance veloped in consultation with several bound and unbound uses: asphalt pavement, of U.S. highways require about 350 million stakeholders from the Federal and portland cement concrete pavement, granu- tons (318 million Mg) of natural and manu- state governments, and non-govern- lar bases and subbases, stabilized bases, em- factured materials, including 20 million tons mental organizations. The State of bankments, structural fills, flowable fills, (18 million Mg) per year of asphalt, 10 mil- soil cover and erosion control, and appur- lion tons (9 million Mg) per year of portland New Mexico, and the non-profit organi- tenances. Materials such as reclaimed as- cement, and 320 million tons (290 million Mg) zations Environmental Defense and the phalt pavement (RAP) are widely recycled per year of natural aggregates, paving mix- Surface Transportation Policy Project using both in-place and off-site recycling tures, and synthetic surfacing and coating have provided letters expressing their methods. More than 45 states use RAP. The materials. It is interesting to contrast these support for this legislation. National Asphalt Paving Association re- numbers with the data presented on waste I ask all Senators to support the Re- ported in April 2000 that RAP has one of the and by-product production. Undoubtedly, cycled Roads Act of 2003. I look forward highest recycling rates in the United these numbers have increased. to working with the Chairman of the States—close to 80 percent. About 73 million ASCE’s 2001 Report Card for America’s In- frastructure indicates that one-third of the Environment and Public Works Com- tons (66 million Mg) are recycled each year, saving taxpayers almost $300 million annu- nation’s roads are in poor or mediocre condi- mittee, Senator INHOFE, and Senator ally. tion, costing American drivers an estimated JEFFORDS, the ranking member, to in- A recent, but incomplete, compilation of $5.8 billion and contributing to as many as corporate his bill into the full 6-year materials recycled in the highway environ- 13,800 highway fatalities each year. Addition- reauthorization of the transportation ment in the United States shows that other ally, the assessment quotes FHWA findings bill. I would also like to thank Jeff materials are recycled annually at reason- that 29 percent of the nation’s bridges are Steinborn from my office in Las able rates. These annual usage and recycling structurally deficient or functionally obso- Cruces, New Mexico for his diligent rates are worth noting: blast furnace slag—24 lete and its estimate that elmininating all million tons (12.6 million Mg), 90 percent re- bridge deficiencies would cost $10.6 billion work in developing the initial concept cycling rate; coal fly ash—16 million tons over the course of 20 years. There is a crit- for this legislation. (14.6 million Mg), 27 percent; coal bottom ical need for a significant investment of I ask unanimous consent that the ar- ash—4.8 million tons (4.4 milliono Mg), 30 money and material to help alleviate these ticle from September 2001 professional percent; coal boiler slag—2.3 million tons (2.1 conditions and for changes in transportation society journal Civil Engineering enti- million Mg), 91 percent; current kiln dust behavior, transportation investment, and the tled ‘‘The Road to Reuse’’ by Dr. T. and lime kiln dust—9.1 million tons (8.3 mil- application of innovative technologies. How Taylor Eighmy, the February 2002 Fed- lion Mg), 31 percent; and steel slag—8.3 mil- much of this necessary rehabilitation can eral Highway Administration policy on lion tons (7.5 million Mg), percentage un- make appropriate use—both economically recycled materials, and letters of sup- known. However, the number of states that and from long-term engineering and environ- use recycled materials varies significantly, mental performance perspectives—of the ma- port from the State of New Mexico, En- as do the approaches states take in con- terials already present in pavements, base vironmental Defense, and the Surface ducting beneficial use determinations, par- courses, subbases, embankments, bridge Transportation Policy Project be print- ticularly on less traditional materials. There decks, and bridge abutments? What other ed in the RECORD. I also ask unanimous is a general sense that states with higher in- waste or by-product material might be used?

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7239 The 1991 Intermodal Surface Transpor- involved. (An electronic version of the guide- ing a client registration feature; an informa- tation Efficiency Act (ISTEA) gave high pri- lines is available on the Web site of the Re- tion request feature; virtual demonstration ority to research on recycling. Largely as a cycled Materials Resource Center sites; updates on all RMRC-funded research result of this focus, the FHWA and the Na- [www.rmrc.unh.edu/Partners/Framework/ projects; numerous documents and programs; tional Cooperative Highway Research Pro- Start/start.html].) links to pertinent specifications, state DOT gram (NCHRP) sponsored several projects re- The report Environmental Impact of Con- programs, literature search engines, and na- lated to recycling, all of them national in struction and Repair Materials on Surface tional and international entities; lists of scope. Other federal agencies have developed and Ground Waters (NCHRP 25–9) was pre- scheduled events; information on funding op- guidelines or programs that in some way re- pared by the NCHRP after determining portunities; and access to libraries and data- late to the use of recycled materials. For ex- whether commonly used construction and re- bases. In addition the center sends out a ample, the publication User Guidelines for pair materials might affect—through the quarterly electronic newsletter to its clients, Waste and By-Product Materials in Pave- persistence of any toxic leachates—the qual- keeping them abreast of ongoing and upcom- ment Construction was developed to assist ity of surface water or groundwater adjacent ing events related to recycling. those who have an interest in using or in- to highways. A number of widely used waste Of particular interest is the center’s first creasing their understanding of the types of and by-product materials were included in specification to be adopted by the American waste and by-product materials that may be this evaluation. By developing a model that Association of State Highway and Transpor- recovered and used in pavement construction can be applied to any medium through which tation Officials (AASHTO). In December 2000 applications. By documenting the potential the leachates might pass, the report provides AASHTO voted to adopt ‘‘Glass Cullet Use use of 19 recycled materials in six construc- users with a tool capable of predicting the for Soil Aggregate Base Course’’ as a new nation applications, these guidelines, which potential environmental harm of various tional specification (M–318–01). While cur- were produced by the FHWA and published in waste and by-product materials. (Copies of rently recognized as a national specification, 1997, are intended to describe the nature of the report can be obtained from the Trans- the document will first appear in the 21st each material, suggest sources for obtaining portation Research Board’s bookstore [http:// edition of the AASHTO specifications, which additional information, and outline the national academies.org/trb/bookstore] by is slated for publication this year. This recy- issues that need to be evaluated when con- searching book code NR448.) cling specification was developed by Warren sidering the use of a particular material. The Established in 1998 in close coordination Chesner of Chesner Engineering, in guidelines are also intended to provide gen- with the FHWA’s Pavement Management Co- Commack, New York, in conjunction with eral information on engineering evaluation ordination Group, the Recycled Materials the AASHTO subcommittee on materials as requirements, environmental issues, and eco- Resource Center (RMRC) works on the na- part of a research project funded by the nomic considerations in determining the tional level to promote the appropriate use RMRC. The project is looking at the prop- suitability of particular recovered materials of recycled materials in the highways envi- erties of selected recycled materials and is in pavement applications. (An electronic ronment. The RMRC forms part of the Envi- developing—with the assistance of a tech- version of the guidelines is available at the ronmental Research Group at the University nical advisory group made up of representa- Web site of the Recycled Materials Resource of New Hampshire. It has a unique role in tives of 15 state DOTS—specifications in an Center [www.rmrc.unh.edu/Partners/ the growing application of recycled mate- AASHTO format for the use of these mate- UserGuide/begin.htm].) rials to highway construction—namely to rials in highway construction. Funded by the NCHRP and completed in serve as a catalyst to reduce barriers to the An upcoming outreach event of note is the 1998, the Recycled Materials Information appropriate use of these materials. The cen- international conference Beneficial Use of Database was created as a tool that can be ter is a culmination of a number of diverse Recycled Materials in Transportation Appli- used to review and store data on the prop- but integrated efforts on the part of the cations, which the center is helping to orga- erties and applications of recycled material FHWA, other federal and state agencies, and nize. All told, 163 abstracts have been sub- and on testing procedures. Reference infor- academia to provide a cohesive approach to mitted from engineers and researchers from 23 different countries. The event will be held mation is also included. With information on the complex engineering and environmental in Washington, DC, November 13–15 (see 21 materials, the database is divided into issues surrounding the use of recycled mate- nine main categories and provides the user [www.rmrc.unh.edu/2001Conf/overview.asp]). rials. The RMRC focuses on both research In September 1999 an FHWA delegation vis- with both general and detailed engineering and outreach activities in carrying out its ited Sweden, Denmark, Germany, the Neth- and environmental information on each ma- mission, and its principal clients are state erlands, and France to review and document terial. Recommended laboratory engineering DOTs and EPAs. innovative policies, programs, and tech- tests that can be used to assess the suit- In terms of research, the RMRC channels niques that would help to reduce barriers to ability of each waste and recycled material approximately half of its overall budget to a the use of recycled materials in U.S. high- for transportation applications are included, diverse range of projects related to recy- ways. The delegation met with more than 100 along with recommendations for monitoring cling. At present 2 projects have been com- representatives from transportation and en- in-field trials. (Copies of the database may pleted and 11 are in progress nationwide at a vironment ministries, research organiza- be downloaded from the Recycled Materials number of academic institutions and con- tions, contractors, and material producers Resource Center Web site sulting companies. In addition, with the re- involved with recycled materials in those [www.rmrc.unh.edu/Resources/ quest for proposals issued by the center in countries. The U.S. delegation discerned a UsefulDocuments&Programs/NCHRP/ February, three are slated to commence in number of factors that have played a role in NCHRP.asp].) September. The projects address a range of the success of recycling on highways in Eu- The Framework for Evaluating Use of Re- engineering and environmental issues re- rope, particularly in the Netherlands. The cycled Materials in the Highway Environ- lated to recycling, among them the mitiga- factors fall under the general concept of sus- ment was recently published by the FHWA tion of alkali silicate reactions in recycled tainability within the highway environment. to establish a logical and hierarchical eval- concrete; environmental weathering of The major components of the sustainability uation process that all states can use either granular waste materials; concrete mixtures initiatives are the three Es: economics, engi- to develop a beneficial use determination with inclusions to improve the sound-absorb- neering, and environment. (The final report process or to refine an existing process of ing capacity of portland cement concrete is available online at this type. The purpose of this document is to pavements; and the development of a risk [www.international.fhwa.dot.gov/Pdfs/ help reduce barriers to the use of recycled analysis framework for the beneficial use of recycolor.pdf].) materials and to facilitate the migration of secondary materials. Attention is also given As a follow—on to the European visit, a successful practices across state boundaries. to leaching from granular materials used in workshop—Partnerships for Sustainability: Additionally, because the management and highway construction during intermittent A New Approach to Highway Materials—was regulation of recycled materials use in the wetting: the development and preparation of developed to share European advances in re- highway environment are jurisdictionally specifications for recycled materials in cycling in the highway environment with a the responsibility of a state’s department of transportation applications; the determina- targeted audience of state DOT materials en- transportation (DOT) and its environmental tion of the number of revolutions needed for gineers, state DOT environmental staff protection agency (EPA), a major goal was cold-in-place Superpave mixture design members, and state EPA staff members who to work with state DOTs and EPAs to de- using the sequential gyratory compactor; work on beneficial use. Fifteen states were velop a consensus-based approach that would the development of a rational and practical invited to send representatives to the work- encourage the two agencies to work together mix design system for full depth reclama- shop, and more than 100 people attended. The in the evaluation process. The process uses a tion; the fatigue durability of stabilized re- goals were to showcase recent developments, series of stages that can each lead to ap- cycled aggregate base course containing coal introduce the Dutch sustainability concept, proval or a beneficial use application from fly ash and waste-plastic strip reinforce- and encourage state agency personnel to both an engineering and an environmental ment; and the development of lightweight work together on all aspects of using recy- perspective. It comprises issue definition, synthetic aggregate from coal fly ash and cled materials on highways. (The workshop data evaluation, laboratory testing, and field waste plastics. is highlighted on the RMRC Web page tests. The project used an expert technical The RMRC orchestrates numerous activi- [www.rmrc.unh.edu/partner.asp], and the group to help develop the framework. DOTs ties, the principal and most accessible of final report can be accessed at and EPAs from Florida, Minnesota, New which is its Web site (www.rmrc.unh.edu). [www.rmrc.unh.edu/Partners/ Hampshire, New Jersey, and New York were The site provides a variety of tools, includ- finalreport.asp].)

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7240 CONGRESSIONAL RECORD — SENATE June 3, 2003 The FHWA has established a team to pro- ficial materials in highway and roadway con- the effectiveness of this product in test plots vide leadership, direction, and technical struction. of wildflower beds along U.S. 117 south of guidance to the transportation community PENNSLYVANIA DOT Goldsboro to see if more widespread use is to promote the use of recycled materials in PennDOT has developed a strategic recy- warranted. ‘‘Our partnerships with Habitat for Hu- highway environments and to provide tech- cling program (SRP) as a tool for systemati- manity and Bion Technologies demonstrate nical support and assistance. The team is cally identifying, evaluating, and imple- to the public the positive effect that recy- preparing a white paper that will set forth menting opportunities to sue recycled mate- cling has on our culture as well as our envi- priority initiatives for recycling, and it is rials in transportation and civil engineering ronment,’’ said Tippett. ‘‘These efforts also forming partnerships with AASHTO’s sub- work throughout the state. The ultimate ob- prove that it is possible to have a quality committees on materials and construction, jective of the SRP is to realize economic sav- transportation system and a beautiful envi- with the RMRC, and with industry. Members ings and environmental benefits for both ronment at the same time.’’ of the team—their FHWA division given in PennDOT and the state by recycling, lim- parentheses—include Jason Harrington and iting pollution, and continuing various other TEXAS DOT Michael Rafalowski (Infrastructure Core environmental initiatives. TxDOT’s road to recycling initiative rep- Business Unit), Connie Hill (Planning and Five key areas have been targeted by the resents a mammoth endeavor to use recycled Environment Core Business Unit), Terry state to help PennDOT achieve and sustain materials in road construction and mainte- Mitchell and Jack Youtcheff (Research and its mission to increase the use of recycled nance projects. The goal of this initiative is Development Support Business Unit), Mi- materials: to increase the use of recycled materials in chael Smith (Southern Resource Center), (1) Research: Continue to evaluate the ex- road construction when they confer environ- Walter Waidlich (New Hampshire Division), isting uses of recycled materials and prod- mental benefits and economic or engineering Bryan Cawley (North Dakota Division), and ucts and conduct research into new uses of advantages. Jim Travis (Texas Division). recycled materials in transportation and Since 1995 TxDOT has coordinated more A number of state DOTs have established civil engineering work. than $1 million worth of research to inves- recycling coordinator positions. These posi- (2) Specifications: Develop and approve tigate the use of a broad array of recycled tions frequently figure prominently in tech- material and use specifications, bidding materials in road construction, including nology transfer, research coordination, and specifications, and guidelines for the use of glass cullet, scrap tires, fly and bottom ash, informational outreach. The DOTs of Cali- recycled materials that confer significant crushed porcelain toilets, shredded brush, fornia, Massachusetts, North Carolina, Penn- environmental, engineering, or economic compost, roofing shingles, plastics, RAP, sylvania, and Texas all have active pro- benefits. crushed concrete, and industrial wastes. The grams. (3) Project development: Identify, promote, research has been equally broad in the scope MASSHIGHWAY and plan projects that use recycled materials of roadway construction applications studied Over the past few years, the Massachusetts that conform to approved or provisional and has examined road signs, roadway safety DOT, MassHighway, has made significant specifications. devices, embankments, asphalt and concrete progress on the recycling front. Steps have (4) Communication: Provide information pavements, soil erosion control, drainage, been taken throughout the department to in- via various media to PennDOT, government vertical moisture barriers, and road bases. crease the use of waste and recycled mate- agencies, and the public on the performance Information on the merits of recycled rials in construction projects and everyday and applicability of recycled materials in roadway materials has been disseminated activities; to focus on recycled, remanufac- transportation and civil engineering work. around the world through information show- tured, and environmentally beneficial mate- (5) Contract bidding: Evaluate construc- cases, press releases, a video, a Web site, two rials in procurement decisions for offices, tion contract legal bidding requirements and conferences, and a yearlong publicity cam- stockrooms, facilities, and construction develop innovative ways to enable PennDOT paign. sites; and to promote the recycling of var- to specify the use of recycled materials in Since the inception of its recycling pro- ious waste streams. Recycling and environ- transportation construction and mainte- gram in 1994, TxDOT has spent more than mentally beneficial procurement are becom- nance projects. $506 million on ‘‘green’’ products and di- ing part of the routine way of doing business NORTH CAROLINA DOT verted more than 13 million tons (12 million Mg) of materials from landfills—a diversion at MassHighway. Although highway per- Last year NCDOT recycled 2.4 million lb equivalent to more than 1,300 lb (590 kg) for formance, safety, and cost are of primary im- (1.1 million kg) of metal, 1 million lb (450,000 every man, woman, and child in Texas. These portance, as long as recycled and environ- kg) of paper products, and more than 30,000 staggering numbers are for the most part di- mentally beneficial materials and products lb (14,000 kg) of glass and plastic as part of rectly attributable to the use of recycled ma- can fill this bill, they will be considered their daily operations. In addition to these terials in road construction applications. comparable, if not superior, to virgin alter- efforts, the department continues to seek ap- As part of its continuing efforts to pro- natives. plications for recycled products in highway mote the use of materials recovered from Recent projects in Massachusetts include construction. Since 1989 the NCDOT has used solid waste, the U.S. EPA has developed the the procurement of recycled antifreeze, re- more than 7 million tires, 50,000 tons (45,000 Comprehensive Procurement Guideline refined oils, and safety vests manufactured kg) of glass beads, and 14,000 tons (13,000 kg) (CPG) program. The institutional purchase from soft drink bottles that are fully recy- of asphalt shingles. of recycled products by government ensures cled; the acceptance of specifications allow- Lyndo Tippett, the state’s secretary of that the materials collected in recycling pro- ing for the use of recycled plastic offset transportation, has indicated he will expand grams will be used again in the manufacture blocks as a substitute for pressure-treated the department’s environmental efforts. ‘‘As of new products. Congress authorizes the lumber blocks; and the commencement of a a native of rural North Carolina, I know CPG program under section 6002 of the Re- research project to investigate the use of tire firsthand the value of our state’s natural resource Conservation and Recovery Act shreds beneath a roadway embankment. In sources,’’ he said. ‘‘We must be proactive (RCRA). The CPG process designates prod- addition, there are plans to set up trial and about finding opportunities that not only ucts that are or can be made with recycled demonstration projects involving bio-based protect our environment but also improve materials. At present for construction prod- lubricants, recycled street sweepings, and it.’’ ucts, coal fly ash and ground granulated noise barriers made of recycled plastic. One such opportunity is the department’s blast furnace slag are listed for cement and In 1999 alone, MassHighway was able to re- partnership with Habitat for Humanity of concrete materials, and coal fly ash and cycle more than 10,000 tons (9,000 Mg) of Wake County, which won an environmental foundry sands are listed for flowable fill. Ma- waste, use more than 138,000 tons (125,000 Mg) excellence award from the FHWA this year. terials are also listed for transportation and of reclaimed or recycled materials in con- In this program, Habitat helps raze houses landscaping categories. (Additional informa- struction projects, and spend more than $33 within the department’s rights-of-way that tion is available at [www.epa.gov/cpg/].) million on materials and products that had a are scheduled for demolition. high recycled content or were environ- Prospective homeowners help demolish the OTHER INITIATIVES mentally beneficial. There is still much to be houses, earning credit toward the construc- Established in the 1990s by the U.S. Depart- done. MassHighway will continue to evaluate tion of their new homes. Materials are then ment of Energy (DOE), the Industries for the its many procurement procedures and speci- stored in Habitat’s reuse center and sold to Future Program creates partnerships linking fications to remove unnecessary barriers and the general public at reduced prices. The de- industry, government, and supporting lab- find new applications for recycled materials partment is currently working to develop oratories and institutions to accelerate tech- and materials that are environmentally ben- partnerships with other Habitat chapters nology research, development, and deploy- eficial. It will also continue to examine its throughout the state. ment. The DOE’s Office of Industrial Tech- construction and maintenance operations to Another initiative is a pilot project with nologies is implementing the program for find areas where waste can be reduced. Addi- Bion Technologies, of Clayton, North Caro- nine energy- and waste-intensive industries, tionally, it will continue to work in coordi- lina. Last year the company donated 900 lb namely agriculture, aluminum, chemicals, nation with local, state, and national envi- (410 kg) of swine waste for use as an alter- forest products, glass, metal casting, mining, ronmental and public works entities to share native to commercial fertilizer. NCDOT petroleum, and steel. The program’s goal of its experiences and to learn more about the roadside environmental engineers are cur- increasing competitiveness and reducing en- use of recycled and environmentally bene- rently working with the company to monitor ergy consumption waste involves recycling

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7241 by-products from these industries. A recent in the Dutch building industry is common- find, evaluate, and apply recycled materials conference hosted by the DOE and the Civil place—more than 10 percent of all granular in transportation and civil engineering work Engineering Research Foundation explored materials used in the building industry are (see [www.dot.state.pa.us/penndot/bureaus/ recycling opportunities for these industries recycled. beq.nsf/srp?OpenPage]). State DOTs may and in formulating plans for the future The Netherlands is an affluent country wish to give credit to recycling strategies looked at perceived barriers, market needs, with high population densities and limited during the planning stage of transportation and collaborative relationships. (For addi- land resources. The public has elected not to projects, as well as in analyzing alternatives tional information about the Industries for set aside areas for landfills or aggregate and mitigation measures. In planning trans- the Future Program, see [www.oit.doe.gov/ mining. This has led to the practice of sus- portation projects states could develop industries.shtml].) tainable development within the building in- checklists that ask questions about recy- Life-cycle analysis (LCA) has become industry, as well as to a subset of that indus- cling choices or options for use, with the re- creasingly common in civil engineering con- try: the highway construction industry. The sponses used in analyzing alternatives and struction applications. Indeed, its use is basic premise of the sustainability concept is evaluating secondary and cumulative effects. being widely encouraged in addressing Amer- that material cycles should be closed (recy- States could use information derived from ica’s infrastructure problems. An excellent cling involving use, reuse, re-reuse, et LCAs as part of their benefits analysis and in example of this application is the model cetera) so that there is less outright disposal information packages prepared for public BridgeLCC, developed by the National Insti- and less consumption of non-renewable nat- hearings and for obtaining permits. tute for Standards and Technology for use ural materials. A number of legislative ini- A more formal relationship between evaluating high-performance bridges. tiatives, including the National Environ- AASHTO and the Association of State and BridgeLCC (see [www.bfrl.nist.gov/bridgelccl] mental Policy Plan, the Waste Materials Territorial Solid Waste Management Offi- is geared toward helping design engineers es- Policy, the Soil Protection Policy, the Sur- cials is definitely worth exploring as this can timate and compare the life-cycle costs of a face Minerals Policy, and the Construction help pave the way for relationships at the new technology—for example, high-perform- Industry Policy Declaration, provide the un- state level. State DOTs and EPAs might con- ance concrete or fiber-reinforced-polymer derpinning for sustainable construction. sider adopting beneficial use evaluation (FRP) composites—with those of a conven- The Dutch have adopted a market philos- frameworks similar to successful ones al- tional technology made with conventional ophy that regards recycled materials as ready in place or to the generic one offered materials. The FHWA has instituted similar products rather than waste. This means that by the Framework for Evaluating Use of Re- models for highway design (see the product will exhibit a typical product cycled Materials in the Highway Environ- [www.fhwa.dot.gov/resourcecenters/southern/ life cycle in the marketplace. Recycled ma- ment. msmith.htm]). terials first undergo development before A lowering of the barriers encountered in There is less experience here in the United coming into widespread use and maturing. transferring technologies from one jurisdic- States with the application of LCA in decid- Government and private-sector publicity tion to another across state lines would be a ing whether to use recycled materials or tra- campaigns and policies support the market. great benefit. Fortunately, the Environ- ditional materials in highway work, and this This concept might prove applicable in the mental Council of State (see [www.sso.org/ is even more pronounced when environ- United States in states or geographic regions ecos/]) has two programs related to reci- mental burdens or emissions are included in where population densities are high, natural procity. The group called Interstate Tech- the model. Recent work by the Finnish Na- aggregates are scarce, and sources of suit- nology Regulatory Cooperation (ITRC) is a tional Road Administration has resulted in able recycled materials are plentiful. state-led national coalition dedicated to the development of a comprehensive LCA The Dutch government provides clear and achieving better environmental protection and inventory analysis program. In Finland unequivocal engineering and environmental through the use of innovative technologies. the production and transport of materials standards for all recycled materials. This is The ITRC (www.itrcweb.org/) is exploring produce the most significant environmental usually achieved through governmental re- general reciprocity arrangements involving burdens; the activities that consume the search in support of the standards. Further, 37 state members. Six states (California, Illi- most energy are the production of bitu- public or industry working groups (including nois, Massachusetts, New Jersey, Pennsyl- minous asphalt and cement and the crushing contractors) work together to achieve these vania, and Virginia), under the Environ- and transport of materials. The consumption standards. The producers of recycled mate- mental Technology Acceptance and Reci- of raw materials and the leaching behavior rials use certified quality assurance and procity Partnership (e.TARP) are exploring of recycled materials there were also re- quality control programs so that their goods reciprocity arrangements of a more formal garded as being of great significance. A can compete against natural materials. The type, including one for beneficial use deter- weighted environmental loading assessment policy is clear, as is the planning and imple- minations. for three scenarios (coal fly ash in subbase mentation, which enables the producers and One recommendation that was strongly and stabilized subbase; crushed concrete in contractors to prepare for this new market. emphasized in the final report on the work- base and subbase; and blast furnace slags in The government provides certain economic shop Partnerships for Sustainability: A New base, subbase, and lower subbase) and a tra- incentives, such as hefty landfill disposal Approach to Highway Materials Partnerships ditional construction scenario were con- taxes on materials that can be recycled and for Sustainability is that state DOTs estab- ducted in the Finnish study. The use of blast modest taxes on the use of natural aggre- lish recycling coordinator positions for the furnace slag, crushed concrete, and coal fly gates. If these aspects are combined, then a purposes of technology transfer, research co- ash in road bases was seen as imposing a mature recycling market can develop over ordination, and outreach. lower total environmental loading than the time. At the federal level, partnerships linking use of coal fly ash in stabilized subbases or There is a clear need for partnerships link- the private sector, the FHWA, the U.S. EPA, the use of traditional pavements using ing the private sector, universities, research the DOE, and other competent agencies are crushed rock. institutions, government bodies, environ- encouraged. Two obvious examples might be Obviously, such analytical tools and case mental groups, and the public. This relates coordinating the U.S. EPA’s CPG program studies need to be developed and applied to to the formulation and coordination of pol- with the DOE’s Industries for the Future scenarios here in the United States. How- icy, the transfer of information, and making Program. Funneling beneficial use applica- ever, the Finnish National Road Administra- resources available for additional research tions and adopted specifications to the CPG tion data suggest that in a broader sense and development (R&D). program also makes sense. There may be an there may be additional benefits to using re- The private sector can play a variety of opportunity to establish a leadership council cycled materials when life-cycle material roles. Those interested in having their by- that could coordinate communication and costs are considered in conjunction with the products considered can make use of the doc- policy and improve intergovernmental ap- harm to the environmental caused by energy ument Framework for Evaluating Use of Re- proaches. Shared funding should be consid- production and the processing and transport cycled Materials in the Highway Environ- ered for lowering barriers between jurisdic- of materials. ment so that they can work with state DOTs tions, demonstrating the use of innovative In refining their strategic plans, state DOT and EPAs to develop the necessary data for materials, and applying ICA analysis. A re- may find it advantageous to consider the evaluation. Contractors can explore the use cent report on the role to be played by the role of recycling. In addition, as studies are of recycled materials to help meet the re- National Science Foundation in meeting en- carried out on proposed transportation quirements of performance bonds. Equip- vironmental science and engineering needs projects under the auspices of the National ment manufacturers can also play a role by in the 21st century named industrial ecology Environmental Policy Act, is it possible that developing technologies that would make it (including product and process ICA) as a pro- credit might be given for the use of recycled possible to recycle materials on-site for gram needing enhancement. This topic materials, particularly if LCA shows that pavements, bridges, and other civil infra- should include recycling for infrastructure the materials convey environmental bene- structure, thereby reducing transport costs improvement. fits? and associated environmental burdens. Congress is considering a number of bills The Netherlands probably best typifies the At the state level, it may be appropriate that could serve as vehicles in promoting re- concept of sustainability, and it offers a suit- for the DOTs to consider recycling as stand- cycling. The reauthorization of the next able model for certain states and metropoli- alone policy or as part and parcel of their highway bill in 2003 provides an excellent op- tan areas here in the United States. The re- strategic plans. PennDOT’s SRP may be a portunity to further promote appropriate recycling or reuse of secondary materials with- starting point in efforts to systematically cycling, partnerships, technology transfer,

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7242 CONGRESSIONAL RECORD — SENATE June 3, 2003 and R&D. Making funds available to allow highway industry, and preserving national The legislation supports on-going work two or more states to carry out joint dem- security. All of these goals are stated in our that the NMSHTD Recycling Task Force has onstration projects would go a long way to- strategic plan, and we will ensure that the been doing. It will enable us to complete ad- ward reducing barriers. Congress can also ex- FHWA recycling policy and recycling pro- ditional research on issues related to the use amine the information recently provided by grams are in alignment with those goals and of recycled materials on our roadways. Two the U.S. EPA’s Science Advisory Board on underlying principles. This recycling policy current issues we are pursuing are: (1) The overcoming barriers to waste utilization (see statement is offered to advance the use of re- feasibility of rubberized pavement in road- [www.epa.gov/science1/eeccm06.pdf]). One of cycled materials in highway applications. It way construction, and (2) The use of compost the board’s most important recommenda- is intended to provide leadership, direction, and/or mulch as an alternative to reseeding tions—interpreting key definitions so that and technical guidance to the transportation upon the completion of construction related wastes could be beneficially used and not be community for the use of recycling tech- projects. inappropriately labeled as hazardous—would nology and materials in the highway envi- Another important aspect of this legisla- help with the confusion at the federal level ronment. The FHWA policy is: tion is that through its reporting require- about the need for a third category of by- 1. Recycling and reuse can offer engineer- ments, it will enhance communication and product. Material that qualifies for inclusion ing, economic and environmental benefits. cooperation between the NMSHTD (NMDOT) and other groups who are interested in the in this category would not be labeled as solid 2. Recycled materials should get first con- use of recycled materials in transportation waste or as hazardous waste; rather it would sideration in materials selection. facility maintenance and construction (e.g., be suitable for beneficial reuse in an open 3. Determination of the use of recycled ma- state and tribal Departments of Transpor- market. The reauthorization of the RCRA terials should include an initial review of engineering and environmental suitability. tation). may provide a suitable opportunity for this This legislation can provide the Depart- change. 4. An assessment of economic benefits should follow in the selection process. ment an opportunity to expand and accel- 5. Restrictions that prohibit the use of re- erate progress in areas we currently pursue FEDERAL HIGHWAY ADMINISTRATION with limited resources. RECYCLED MATERIALS POLICY cycled materials without technical basis should be removed from specifications. Sincerely, ADMINISTRATOR’S MESSAGE FHWA has a longstanding position that RHONDA G. FAUGHT, The National Highway System (NHS) is ex- any material used in highway or bridge con- Cabinet Secretary. tensive, with over 160,000 miles of highway struction, be it virgin or recycled, shall not pavements and over 128,000 structures, built adversely affect the performance, safety or ENVIRONMENTAL DEFENSE, using large quantities of asphalt, concrete, the environment of the highway system. Washington, DC, May 22, 2003. steel, and aggregate, and smaller quantities This remains a cornerstone in our policy Hon. JEFF BINGAMAN, of nonferrous metals, plastics, and other ma- statement. In order to foster innovation and U.S. Senate, terials. Much of the system was constructed future development we support research, Washington, DC. in the 1960’s and 70’s and is in need of major field trials, and project demonstrations DEAR SENATOR BINGAMAN: Environmental rehabilitation or total reconstruction; and showcasing the findings. Defense is pleased to endorse the Recycled much of the materials used to build that sys- We will do this with: People: Roads Act, which promotes the use of tem can be recycled for use in the new con- The FHWA Recycling Team. nontoxic recycled materials as road construction. In order to carry out the mission Creation of a team of champions in our Di- struction materials. Using these recycled of the FHWA, i.e., to ‘‘improve the quality of vision Offices that will be points of contact materials not only diverts them from land- the Nation’s highway system,’’ the NHS for recycling technology. fills and incinerators, but also reduces en- must be properly preserved, maintained, re- Partnering: ergy use and pollution associated with man- habilitated, and when necessary, recon- The Recycled Materials Resource Center. ufacturing virgin materials for road constructed. Maintenance of highways and asso- Working with the AASHTO Subcommittee struction, thus benefiting the environment ciated structures is critical to our ability to on Materials and Environment. and human health. It also provides economic provide the safest, most efficient roadway AASHTO Standing Committee on High- benefits by enhancing markets for recycling system possible, while simultaneously pro- ways recently passed a resolution on ‘‘Use of of materials like glass and tires that have viding the greatest level of protection to the Recycled Materials’’. That document re- traditionally had limited recycling markets human and natural environment. quests the establishment of a joint task or viability. Because some potentially recy- The same materials used to build the origi- force be created to provide the overall lead- clable materials have toxic constituents, the nal highway system can be re-used to repair, ership for a coordinated national recycling bill’s provisions requiring evaluation of risk reconstruct, and maintain them. Where ap- program. (in conjunction with the Administrator of propriate, recycling of aggregates and other Coordination with State highway agency the Environmental Protection Agency) are a highway construction materials makes (SHA) Recycling Coordinators and state key aspect of the bill. As always, our en- sound economic, environmental, and engi- solid waste management regulators. dorsement is specific to the text of the bill neering sense. The economic benefits from Interaction and coordination with industry as it stands at this point. Thank you for taking a leadership role on the re-use of nonrenewable highway mate- partners. Taking the lead for coordination of recy- this important issue. rials can provide a great boost to the high- cling activities and initiatives. Sincerely, way industry. Recycling highway construc- Promotion and Support: KAREN FLORINI, tion materials can be a cost-saving measure, Agency emphasis on recycling technology Senior Attorney. freeing funds for additional highway con- in the FHWA Strategic Plan. struction, rehabilitation, preservation or Research, development, and technology SURFACE TRANSPORTATION maintenance. transfer programs to further innovation. POLICY PROJECT, Recycling presents environmental opportu- Demonstration projects. Washington, DC, May 22, 2003. nities and challenges, which, when appro- Increased training opportunities for FHWA Hon. JEFF BINGAMAN, priately addressed, can maximize the bene- and SHA staff. U.S. Senate, Hart Senate Office Building, fits of re-use. The use of most recycled mate- Active promotion of recycling technology Washington, DC. rials poses no threat or danger to the air, by providing needed specifications, best DEAR SENATOR BINGAMAN: On behalf of the soil, or water. Furthermore, careful design, practices, design guidance, and material Surface Transportation Policy Project, I am engineering and application of recycled ma- testing results to overcome barriers. writing to convey our support for your legis- terials can reduce or eliminate the need to Assistance in review, evaluation, and ad- lation, the ‘‘Recycle Roads Act of 2003.’’ search for and extract new, virgin materials vancement of emerging technology. The Surface Transportation Policy from the land. The engineering feasibility of Promoting the concept of ‘‘sustainable’’ Project, among it goals, seeks improved en- using recycled materials has been dem- construction, i.e., construction designed for ergy use and environmental protection. We onstrated in research, field studies, experi- later recycling. believe that our transportation investments, mental projects and long-term performance FREDERICK G. WRIGHT, Jr., services and incentives should not only meet testing and analysis. Significant advances in Executive Director. our travel needs, but also can further our ef- technology over the past decade have in- forts to protect and enhance the integrity of creased the types of recycled materials in NEW MEXICO STATE HIGHWAY our natural resources and enhance resource use and the range of their applications. When AND TRANSPORTATION DEPARTMENT, efficiency and energy conservation goals. appropriately used, recycled materials can Santa Fe, NM, May 6, 2003. We know that the use of recyclable mate- effectively and safely reduce cost, save time, Attention: Eric Burman, Legislative Fellow. rials in transportation projects conserves offer equal or, in some cases, significant im- Hon. JEFF BINGAMAN, raw materials and reduces the quantities of provement to performance qualities, and U.S. Senate, Hart Senate Office Building, waste deposited in landfills. We also see re- provide long-term environmental benefits. Washington, DC. cyclable materials as part of a broader effort FHWA has established agency goals for en- DEAR SENATOR BINGAMAN: My staff and I to extend the life cycle of our transportation hancing the human and natural environ- have reviewed the proposed ‘‘Recycled Roads facilities, an important value as we continue ment, increasing mobility, raising produc- Act of 2003’’ legislation and support it for the to look for ways to leverage available dol- tivity, improving safety throughout the following reasons: lars.

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Increased recycling can deliver engineer- ‘‘(2) MATERIALS.—The materials referred to State or on land under the jurisdiction of the ing, economic and environmental benefits, in paragraph (1) are— Indian tribe that are carried out under this including increased opportunities for rural ‘‘(A) glass; section or any other provision of this title economic development. The legislation ‘‘(B) forest biomass; using at least $1,000,000 in Federal funds, in- would help create new markets and incen- ‘‘(C) a used tire or tire product; cluding a description of— tives for recycling in small communities and ‘‘(D) reclaimed asphalt; ‘‘(i) each type of recyclable material used; would provide additional savings for all lev- ‘‘(E) plastic; and ‘‘(ii) the quantity of each recyclable mate- els of government. The legislation would also ‘‘(F) any other suitable material that does rial used; and foster greater cooperation between transpor- not contain a total concentration of any ‘‘(iii) the proportion that— tation and environmental programs carried toxic constituent that poses a risk to human ‘‘(I) the quantity of each recyclable mate- out by states or Indian tribes. health or the environment— rial used; bears to We applaud your leadership in developing ‘‘(i) during preconstruction activity, in- ‘‘(II) the quantity of all recyclable mate- this legislation and support your efforts to cluding storage, transportation, or prepara- rial and raw material used; and move it forward during this Congress. tion of the material for use in road construc- ‘‘(B) submit to the Secretary a report de- Sincerely, tion; scribing those data. ANNE CANBY, ‘‘(ii) during the useful life of the road; or ‘‘(5) QUALITY CONTROL.—The Secretary President. ‘‘(iii) after the useful life of the road, in- shall ensure, to the maximum extent prac- cluding subsequent recycling, reuse, or dis- ticable, that data provided by a State or In- S. 1168 posal of components of or debris from the dian tribe under paragraph (4) is of a suffi- road. Be it enacted by the Senate and House of Rep- cient quality and range to permit the Sec- ‘‘(b) PROGRAM.— resentatives of the United States of America in retary to assess national accomplishments ‘‘(1) ESTABLISHMENT.—The Secretary shall Congress assembled, involving the use of recyclable material. establish a recycled roads incentive grant ‘‘(c) REPORTS.— SECTION 1. SHORT TITLE. program to encourage the expanded use by ‘‘(1) INITIAL REPORT.—Not later than 180 This Act may be cited as the ‘‘Recycled States and Indian tribes of a diverse range of days after the date of enactment of the Re- Roads Act of 2003’’. recyclable material in the construction of cycled Roads Act of 2003, the Secretary shall SEC. 2. FINDINGS. Federal-aid highways. submit to the appropriate committees of Congress finds that— ‘‘(2) GRANTS.—In carrying out this section, Congress a report on the program to be car- (1) in 2000, there were more than 3,951,000 the Secretary shall provide to each State or ried out under this section that includes— miles of highways in the United States; qualified (as determined by the Secretary) ‘‘(A) an overview of program requirements; (2) in the early 1990s, as much as 350,000,000 Indian tribe— ‘‘(B) an analysis of any significant issues tons of raw and recyclable material were ‘‘(A) a grant, in an amount not to exceed relating to the program; and used annually for highway construction, re- $125,000 for a fiscal year, to be used by the ‘‘(C) a proposed timeline for implementa- habilitation, and maintenance; State or Indian tribe in employing a coordi- tion of the program. nator to promote the use of a diverse range (3) in 2002, the Federal Government pro- ‘‘(2) ANNUAL REPORTS.—Not later than 2 vided $26,348,000,000, or more than 34 percent of recyclable material in Federal-aid high- years after the date of enactment of the Re- of funding, for highways in the United way construction; and cycled Roads Act of 2003, and annually there- ‘‘(B) a grant, on a competitive basis, in an States; after on the date of issuance of the annual amount not to exceed $1,400,000 for a fiscal (4) at least 45 States recycle a total of program performance report under section year, to be used by the State or Indian tribe 73,000,000 tons of reclaimed asphalt pavement 1116 of title 31, United States Code, the Sec- in carrying out projects and activities to annually, the use of which results in an an- retary shall submit to the appropriate com- promote the expanded use of a diverse range nual savings of approximately $300,000,000 as mittees of Congress a report on the program of recyclable material in Federal-aid high- compared with the cost of using raw mate- under this section, including, for each recy- way construction and maintenance, such as rial; clable material used in the construction of a projects and activities to— (5) in 2002, the Federal Highway Adminis- Federal-aid highway during the period cov- ‘‘(i) eliminate economic barriers; tration issued a policy encouraging States to ered by the report, the information described use recycled material in highway construc- ‘‘(ii) develop markets; ‘‘(iii) provide outreach, training, or tech- in subsection (b)(4). tion because recycling and reuse can offer ‘‘(d) REGULATIONS.—The Secretary shall nical assistance; or engineering, economic, and environmental promulgate such regulations as are nec- ‘‘(iv) collect program and performance benefits; essary to carry out this section. data. (6) greater incorporation of recyclable ma- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— terial in highway construction would— ‘‘(3) ADMINISTRATION.— There are authorized to be appropriated from (A) provide a significant new national mar- ‘‘(A) REDISTRIBUTION OF FUNDS.—If funds the Highway Trust Fund (other than the ket for the use of recyclable material; made available for use in providing grants Mass Transit Account)— (B) create new markets and incentives for under subparagraph (A) or (B) of paragraph ‘‘(1) $10,125,000 for use in providing grants recycling in small communities; (2) for a fiscal year remain after the Sec- under subsection (b)(2)(A) for each fiscal (C) conserve raw material; and retary has provided grants under the sub- year; and (D) reduce the quantities of waste depos- paragraph for the fiscal year, the Sec- ‘‘(2) $113,400,000 for use in providing grants ited in landfills in the United States (which retary— under subsection (b)(2)(B) for each fiscal would produce an additional savings for the ‘‘(i) may use the remaining funds to pro- year.’’. Federal Government and State govern- vide additional grants under that paragraph (b) CONFORMING AMENDMENT.—The analysis ments); and for the fiscal year; but for subchapter I of chapter 1 of title 23, (7) the increased use of recyclable material ‘‘(ii) notwithstanding any other provision United States Code, is amended by inserting in highway construction could— of this title, shall not use the funds to pro- after the item relating to section 138 the fol- (A) provide additional opportunities for vide grants or assistance under any other lowing: rural economic development; and program under this title. ‘‘139. Use of recyclable material in Federal- (B) encourage expanded use of biomass ‘‘(B) TRANSPORTATION AND ENVIRONMENTAL aid highway construction.’’. products. COOPERATION.—In providing a grant to a State or Indian tribe under paragraph (2)(B), By Mr. SPECTER: SEC. 3. USE OF RECYCLABLE MATERIAL IN FED- the Secretary shall encourage cooperation ERAL-AID HIGHWAY CONSTRUCTION. S. 1169. A bill to decrease the United between transportation and environmental (a) IN GENERAL.—Subchapter I of chapter 1 States dependence on imported oil by programs carried out by the State or Indian of title 23, United States Code, is amended by tribe. the year 2015; to the Committee on inserting after section 138 the following: ‘‘(C) EQUITABLE TREATMENT OF STATES AND Commerce, Science, and Transpor- ‘‘§ 139. Use of recyclable material in Federal- INDIAN TRIBES.—To the maximum extent tation. aid highway construction practicable, the Secretary shall treat an In- Mr. SPECTER. Mr. President, I have ‘‘(a) DEFINITION OF RECYCLABLE MATE- dian tribe as a State for the purpose of a sought recognition to introduce legis- RIAL.—In this section: grant provided under paragraph (2). lation that would reduce our Nation’s ‘‘(1) IN GENERAL.—The term ‘recyclable ma- ‘‘(4) STATE AND TRIBAL REPORTS.—For the dependence on imported oil. Last year, terial’ means any material described in para- fiscal year in which the program under this Senator CARPER and I introduced this graph (2) that is determined by the Sec- section is implemented and each fiscal year legislation as an amendment to the en- retary, in consultation with the Adminis- thereafter, each State and Indian tribe that ergy bill and I offer it today to begin a trator of the Environmental Protection receives a grant under paragraph (2) shall— Agency— ‘‘(A) collect a sampling of data pertaining debate and dialogue in the Senate ‘‘(A) to be recyclable and usable in con- to the use by the State or Indian tribe, dur- about the merits of this goal. struction of a Federal-aid highway; and ing the fiscal year covered by the report, of During last year’s energy bill consid- ‘‘(B) to have undergone a recycling process recyclable material in the projects for con- eration, I joined over 60 of my col- to prepare the material for further use. struction of Federal-aid highways in the leagues in voting for the Levin-Bond

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7244 CONGRESSIONAL RECORD — SENATE June 3, 2003 amendment regarding the Corporate a third of our nation’s trade deficit, basic, uniform nationwide rules to pre- Average Fuel Economy standards for which exceeded $400 billion in 2001. I vent unscrupulous behavior by sports cars, SUV’s, and light trucks. Given will continue to raise the issue of the agents who court student athletes. The the instability in the Middle East and untenable position the United States is universities in Oregon with top ath- our Nation’s reliance on foreign oil, in by relying on oil from the Middle letic programs—the University of Or- Senator CARPER and I offered addi- East. This is highlighted by the fact egon, Oregon State University, and tional language to slow the growth of that we continue to see suicide bomb- Portland State University—have all our dependency on oil in a measurable ings in Israel and new attacks in other provided letters of endorsement for way on the energy bill. Middle Eastern nations such as Saudi this legislation. So has the NCAA. I supported the Levin-Bond amend- Arabia and Morocco. Too often, unscrupulous sports ment because, among other things, it Additionally, the exhausts of our agents prey upon young student ath- would have invested Federal dollars in motor vehicles are the source of sig- letes who are inexperienced, naive, or research and development of advanced nificant amounts of air pollution, in- simply don’t know all of the collegiate technology vehicles. It would have har- cluding a quarter of the carbon dioxide athletic eligibility rules. The agent nessed the power of government to pur- emitted into our atmosphere, which is sees the student athlete as a poten- chase and commercialize hybrid and sited as a lead contributor to global tially lucrative future client, and fuel cell-powered vehicles. I also sup- climate change. wants to get the biggest headstart pos- ported the amendment’s accompanying To address these concerns, Congress sible on other agents. So the agent tax incentives, which would further en- need not attempt to micro manage a tries to contact and sign up the student courage the production and purchase of solution by setting higher CAFE´ levels. athlete as early as possible, and does advanced, fuel-efficient vehicles. We should, however, set a clear, meas- whatever takes to get the inside track. However, the Levin-Bond amendment urable objective—reducing the growth In some cases, the agent may at- fell short in one important area - it did in oil consumption by at least a mil- tempt to lure the student athlete with not include a clear, measurable objec- lion barrels per day by 2015. We should grand promises. In some cases, the tive for oil savings. The issue is not then delegate to NHTSA, as the energy agent may offer flashy gifts. To make just the Corporate Average Fuel Effi- bill would have accomplished last year the offer more enticing, the agent may ciency, CAFE´ , or Miles Per Gallon, under the Levin-Bond amendment and withhold crucial information about the MPG,—rather it is oil and our growing my legislation does, the responsibility impact on the student’s eligibility to dependence on imports for 56 percent of for working with the auto industry to compete in college sports. what we use. The bill I am introducing achieve that objective. That approach A majority of States have enacted today would implement the Levin-Bond will encourage American ingenuity and statutes to address unprincipled behav- requirement that the Secretary of foster a public-private partnership that ior by sports agents, but the standards Transportation issue new regulations recognizes the interests of consumers vary from State to State and some setting forth increased average fuel and auto makers, as well as furthering states don’t have any at all. The uni- economy standards and further require public policy that will help relieve the versities in my State of Oregon tell me that the Secretary of Transportation very significant and dangerous policy that this creates a significant loophole. issue regulations to reduce the amount of relying on our economy’s lifeblood of Specifically, Oregon has a State law, of oil consumed in our passenger cars oil from unstable regions. but it doesn’t apply when, for example, and light trucks in 2015 by 1,000,000 bar- As this body considers energy legisla- a University of Oregon athlete goes rels per day compared to consumption tion, I encourage my colleagues to con- home to another State for the summer without such regulations in place. sider the importance of taking appro- and is contacted by an agent there. Federal research has identified prom- priate steps to reduce our dependence Every time that athlete crosses into ising fuel technologies, including fuels on foreign sources of energy, particu- another State a different set of rules developed from biomass, coal waste, larly oil. I invite my colleagues to join apply. And if one State’s laws on the and other sources that could play a me in this effort by cosponsoring this subject are particularly weak, that is role in reducing our dependence on tra- legislation. where shady sports agents will try to ditional, foreign crude oil and facili- contact their targets. tate a transition to advanced fuels. For By Mr. WYDEN: That is why there ought to be a sin- example, one important effort that is S. 1170. A bill to designate certain gle, nationwide standard. The bill I am happening in Pennsylvania involves a conduct by sports agents relating to introducing today would establish a recent $100 million U.S. Department of signing of contracts with student ath- uniform baseline, enforceable by the Energy grant to build the first U.S. letes as unfair and deceptive acts or Federal Trade Commission, that would coal-waste-to-clean-fuel plant. This practices to be regulated by the Fed- supplement but not replace existing $612 million plant is expected to eral Trade Commission; to the Com- state laws. Specifically, the bill would produce 5,000 barrels of sulfur-free die- mittee on Commerce, Science, and make it an unfair and deceptive trade sel or other types of transportation Transportation. practice for a sports agent to entice a fuel daily. This will have the multiple Mr. WYDEN. Mr. President, summer student athlete with false or mis- benefits of removing coal waste, reduc- is upon us. For many college athletes, leading information or promises or ing acid mine drainage, producing fuels that means leaving campus and head- with gifts to the student athlete or the that will reduce air pollution, and ing back to a home in a different state. athlete’s friends or family. It would re- using a domestic energy supply, thus Some may take the opportunity to do quire a sports agent to provide the stu- reducing the need to import foreign oil. some traveling, or even to attend dent athlete with a clear, standardized The bill I am introducing today tasks sports camps in various parts of the warning, in writing, that signing an the Department of Energy to work country. agency contract could jeopardize the with the Department of Transportation Unfortunately, this well-earned athlete’s eligibility to participate in to develop and encourage such tech- break can carry real risks for the ath- college sports. It would make it unlaw- nologies. letes and their schools. Why? Because ful to pre-date or post-date agency con- America uses about 8 million barrels traveling student athletes may be big tracts, and require both the agent and of oil daily to power the vehicles that targets for opportunistic sports student athlete to promptly inform the we drive. The Department of Energy agents—and due to highly inconsistent athlete’s university if they do enter forecasts that this amount will climb state laws on the subject, the legal pro- into a contract. to 10.6 million barrels per day by 2015, tections that an athlete might enjoy in Representative BART GORDON of Ten- an increase of over 35 percent. I pro- the state where the college is located nessee has spearheaded this legislation pose to limit that growth to 23 percent, don’t necessarily apply elsewhere. in the House, where the Energy and or 9.6 million barrels. Today I am reintroducing a bill to Commerce Committee and the Judici- America’s national security is jeop- address this issue, the Sports Agent ary Committee have both considered ardized by our growing dependence on Responsibility and Trust Act. The pur- and approved the bill this year. I’m foreign oil. Oil imports now account for pose of the bill is simple: to set some told that consideration on the House

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7245 floor could occur this week. I applaud SEC. 3. REGULATION OF UNFAIR AND DECEPTIVE on behalf of the residents of the State in a ACTS AND PRACTICES IN CONNEC- Congressman GORDON for his leadership district court of the United States of appro- TION WITH THE CONTACT BETWEEN on this issue, and I urge my Senate col- priate jurisdiction to— AN ATHLETE AGENT AND A STUDENT (A) enjoin that practice; ATHLETE. leagues to join me in addressing this (B) enforce compliance with this Act; or (a) CONDUCT PROHIBITED.—It is unlawful for matter in the Senate. (C) obtain damage, restitution, or other an athlete agent to— I ask unanimous consent that the compensation on behalf of residents of the (1) directly or indirectly recruit or solicit State. text of the bill be printed in the a student athlete to enter into an agency (2) NOTICE.— RECORD. contract, by— (A) IN GENERAL.—Before filing an action There being no objection, the bill was (A) giving any false or misleading informa- under paragraph (1), the attorney general of tion or making a false promise or representa- ordered to be printed in the RECORD, as the State involved shall provide to the Com- tion; or follows: mission— (B) providing anything of value to a stu- S. 1170 (i) written notice of that action; and dent athlete or anyone associated with the (ii) a copy of the complaint for that action. Be it enacted by the Senate and House of Rep- student athlete before the student athlete (B) EXEMPTION.—Subparagraph (A) shall resentatives of the United States of America in enters into an agency contract including any not apply with respect to the filing of an ac- Congress assembled, consideration in the form of a loan, or acting tion by an attorney general of a State under SECTION 1. SHORT TITLE. in the capacity of a guarantor or co-guar- this subsection, if the attorney general de- This Act may be cited as the ‘‘Sports antor for any debt; termines that it is not feasible to provide the Agent Responsibility and Trust Act’’. (2) enter into an agency contract with a notice described in that subparagraph before student athlete without providing the stu- SEC. 2. DEFINITIONS. filing of the action. In such case, the attor- dent athlete with the disclosure document ney general of a State shall provide notice As used in this Act, the following defini- described in subsection (b); or and a copy of the complaint to the Commis- tions apply: (3) predate or postdate an agency contract. sion at the same time as the attorney gen- (1) AGENCY CONTRACT.—The term ‘‘agency (b) REQUIRED DISCLOSURE BY ATHLETE eral files the action. contract’’ means an oral or written agree- AGENTS TO STUDENT ATHLETES.— (b) INTERVENTION.— ment in which a student athlete authorizes a (1) IN GENERAL.— In conjunction with the (1) IN GENERAL.—On receiving notice under person to negotiate or solicit on behalf of the entering into of an agency contract, an ath- subsection (a)(2), the Commission shall have student athlete a professional sports con- lete agent shall provide to the student ath- the right to intervene in the action that is tract or an endorsement contract. lete, or, if the student athlete is under the the subject of the notice. (2) ATHLETE AGENT.—The term ‘‘athlete age of 18 to such student athlete’s parent or (2) EFFECT OF INTERVENTION.—If the Com- agent’’ means an individual who enters into legal guardian, a disclosure document that mission intervenes in an action under sub- an agency contract with a student athlete, meets the requirements of this subsection. section (a), it shall have the right— or directly or indirectly recruits or solicits a Such disclosure document is separate from (A) to be heard with respect to any matter student athlete to enter into an agency con- and in addition to any disclosure which may that arises in that action; and tract, and does not include a spouse, parent, be required under State law. (B) to file a petition for appeal. sibling, grandparent, or guardian of such stu- (2) SIGNATURE OF STUDENT ATHLETE.—The (c) CONSTRUCTION.—For purposes of bring- dent athlete, any legal counsel for purposes disclosure document must be signed by the ing any civil action under subsection (a), other than that of representative agency, or student athlete, or, if the student athlete is nothing in this title shall be construed to an individual acting solely on behalf of a under the age of 18 by such student athlete’s prevent an attorney general of a State from professional sports team or professional parent or legal guardian, prior to entering exercising the powers conferred on the attor- sports organization. into the agency contract. ney general by the laws of that State to— (3) ATHLETIC DIRECTOR.—The term ‘‘ath- (3) REQUIRED LANGUAGE.—The disclosure (1) conduct investigations; letic director’’ means an individual respon- document must contain, in close proximity (2) administer oaths or affirmations; or sible for administering the athletic program to the signature of the student athlete, or, if (3) compel the attendance of witnesses or of an educational institution or, in the case the student athlete is under the age of 18, the the production of documentary and other that such program is administered sepa- signature of such student athlete’s parent or evidence. rately, the athletic program for male stu- legal guardian, a conspicuous notice in bold- (d) ACTIONS BY THE COMMISSION.—In any dents or the athletic program for female stu- face type stating: ‘‘Warning to Student Ath- case in which an action is instituted by or on dents, as appropriate. lete: If you agree orally or in writing to be behalf of the Commission for a violation of (4) COMMISSION.—The term ‘‘Commission’’ represented by an agent now or in the future section 3, no State may, during the pendency means the Federal Trade Commission. you may lose your eligibility to compete as of that action, institute an action under sub- (5) ENDORSEMENT CONTRACT.—The term a student athlete in your sport. Within 72 section (a) against any defendant named in ‘‘endorsement contract’’ means an agree- hours after entering into this contract or be- the complaint in that action. ment under which a student athlete is em- fore the next athletic event in which you are (e) VENUE.—Any action brought under sub- ployed or receives consideration for the use eligible to participate, whichever occurs section (a) may be brought in the district by the other party of that individual’s per- first, both you and the agent by whom you court of the United States that meets appli- son, name, image, or likeness in the pro- are agreeing to be represented must notify cable requirements relating to venue under motion of any product, service, or event. the athletic director of the educational insti- section 1391 of title 28, United States Code. (f) SERVICE OF PROCESS.—In an action (6) INTERCOLLEGIATE SPORT.—The term tution at which you are enrolled, or other in- brought under subsection (a), process may be ‘‘intercollegiate sport’’ means a sport played dividual responsible for athletic programs at served in any district in which the defend- at the collegiate level for which eligibility such educational institution, that you have ant— requirements for participation by a student entered into an agency contract.’’. (1) is an inhabitant; or athlete are established by a national associa- SEC. 4. ENFORCEMENT. (2) may be found. tion for the promotion or regulation of col- (a) UNFAIR OR DECEPTIVE ACT OR PRAC- lege athletics. SEC. 6. PROTECTION OF EDUCATIONAL INSTITU- TICE.—A violation of this Act shall be treat- TION. (7) PROFESSIONAL SPORTS CONTRACT.—The ed as a violation of a rule defining an unfair (a) NOTICE REQUIRED.—Within 72 hours term ‘‘professional sports contract’’ means or deceptive act or practice prescribed under after entering into an agency contract or be- an agreement under which an individual is section 18(a)(1)(B) of the Federal Trade Com- fore the next athletic event in which the stu- employed, or agrees to render services, as a mission Act (15 U.S.C. 57a(a)(1)(B)). dent athlete may participate, whichever oc- player on a professional sports team, with a (b) ACTIONS BY THE COMMISSION.—The Com- curs first, the athlete agent and the student professional sports organization, or as a pro- mission shall enforce this Act in the same athlete shall each inform the athletic direc- fessional athlete. manner, by the same means, and with the tor of the educational institution at which (8) STATE.—The term ‘‘State’’ includes a same jurisdiction, powers, and duties as the student athlete is enrolled, or other indi- State of the United States, the District of though all applicable terms and provisions of vidual responsible for athletic programs at Columbia, Puerto Rico, the United States the Federal Trade Commission Act (15 U.S.C. such educational institution, that the stu- Virgin Islands, or any territory or insular 41 et seq.) were incorporated into and made dent athlete has entered into an agency con- possession subject to the jurisdiction of the a part of this Act. tract, and the athlete agent shall provide the United States. SEC. 5. ACTIONS BY STATES. athletic director with notice in writing of (9) STUDENT ATHLETE.—The term ‘‘student (a) IN GENERAL.— such a contract. athlete’’ means an individual who engages (1) CIVIL ACTIONS.—In any case in which the (b) CIVIL REMEDY.— in, is eligible to engage in, or may be eligible attorney general of a State has reason to be- (1) IN GENERAL.—An educational institu- in the future to engage in, any intercolle- lieve that an interest of the residents of that tion has a right of action against an athlete giate sport. An individual who is perma- State has been or is threatened or adversely agent for damages caused by a violation of nently ineligible to participate in a par- affected by the engagement of any athlete this Act. ticular intercollegiate sport is not a student agent in a practice that violates section 3 of (2) DAMAGES.—Damages of an educational athlete for purposes of that sport. this Act, the State may bring a civil action institution may include amd are limited to

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7246 CONGRESSIONAL RECORD — SENATE June 3, 2003 actual losses and expenses incurred because, costs are attributable to conditions re- standing or considering the con- as a result of the conduct of the athlete sulting from obesity or being over- sequences. Finally, and most impor- agent, the educational institution was in- weight. In 2002 dollars, the authors of tantly, this bill does not intend to and jured by a violation of this Act or was penal- this article estimate that obesity and should not be considered to stigmatize ized, disqualified, or suspended from participation in athletics by a national association overweight-related conditions cost those who struggle to control their for the promotion and regulation of ath- $92.6 billion. Of which, half is financed weight or to demonize any sector of the letics, by an athletic conference, or by rea- by Medicare and Medicaid. country by blaming them for this epi- sonable self-imposed disciplinary action Healthy People 2010 calls overweight demic. The IMPACT Act represents a taken to mitigate actions likely to be im- and obesity one of the Nation’s leading bipartisan agreement that the problem posed by such an association or conference. health problems and prioritizes efforts of obesity is important, and takes an (3) COSTS AND ATTORNEYS FEES.—In an ac- to increase the proportion of adults approach that is supported by a broad tion taken under this section, the court may who are at a healthy weight, and re- spectrum of interested parties. With award to the prevailing party costs and rea- duce the levels of obesity and over- sonable attorneys fees. the Federal Government providing as- (4) EFFECT ON OTHER RIGHTS, REMEDIES AND weight among adults, children and ado- sistance, all sectors of society will need DEFENSES.—This section does not restrict the lescents. The Surgeon General’s report to work together to help produce a rights, remedies, or defenses of any person ‘‘A Call to Action’’ lists the treatment healthier nation. under law or equity. and prevention of obesity as a top na- I believe we have crafted a good first SEC. 7. LIMITATION. tional priority. response to the growing rates of obe- Nothing in the Act shall be construed to Now, if this condition was linked to sity. A number of public health and in- prohibit an individual from seeking any rem- an infectious or bioterrorist agent, the dustry experts support the passage of edies available under existing State law or public outcry would be deafening, and this important legislation. I ask unani- equity. the action to control it swift. But it is mous consent that a list of the organi- SEC. 8. SENSE OF CONGRESS. not. Obesity and being overweight is zations supporting the legislation and It is the sense of Congress that States often seen as an individual problem and the text of the bill be printed in the should enact the Uniform Athlete Agents a personal choice, and thus does not re- Act of 2000 drafted by the National Con- RECORD. ference of Commissioners on Uniform State ceive much attention. Most people do I want to thank Senators BINGAMAN Laws, to protect student athletes and the in- not choose to be overweight. Over- and DODD for their work on this bill. I tegrity of amateur sports from unscrupulous weight and obesity result from daily also want to thank Senator GREGG for sports agents. In particular, it is the sense of lifestyle choices that gradually accu- his assistance in ensuring that this leg- Congress that States should enact the provi- mulate. Weight gain occurs slowly, islation can become law. Senator sions relating to the registration of sports often unnoticed. Today, many Ameri- GREGG has worked tirelessly with my agents, the required form of contract, the cans struggle to control their weight, staff to ensure that we craft legislation right of the student athlete to cancel an collectively spending billions of dollars agency contract, the disclosure requirements that can be quickly passed by the Sen- relating to record maintenance, reporting, each year on weight loss products and ate, and I appreciate his efforts. I look renewal, notice, warning, and security, and programs. forward to having this bill become law the provisions for reciprocity among the The good news is that, with healthy this year. States. eating and regular physical activity, There being no objection, the list and obesity is preventable and treatable. the bill were ordered to be printed in By Mr. FRIST (for himself, Mr. That is why I, along with Senator the RECORD, as follows: BINGAMAN, Mr. DODD, Mr. BINGAMAN, Senator DODD, and others, GROUPS SUPPORTING THE IMPACT ACT DEWINE, Mrs. CLINTON, Mr. am reintroducing the ‘‘Improved Nutri- The Advertising Council, Inc.; WARNER, Mrs. MURRAY, Mr. tion and Physical Activity, IMPACT, Consortium for Citizens with Disabilities LUGAR, Ms. LANDRIEU, Mr. SES- Act.’’ I am pleased that Representa- Prevention Task Force; SIONS, and Mr. ALEXANDER): tives MARY BONO and KAY GRANGER, Council on State and Territorial Epi- S. 1172. A bill to establish grants to along with other co-sponsors, intro- demiologists; provide health services for improved duced companion legislation in the Endocrine Society; nutrition, increased physical activity, House of Representatives earlier this FamilyCook Productions: Bringing Fami- obesity prevention, and for other pur- lies Together Through Fresh Food; year. This bill will help Americans Grocery Manufacturers of America; poses; to the Committee on Health, make healthy decisions about nutri- National Alliance for Nutrition and Activ- Education, Labor, and Pensions. tion and physical activity. It empha- ity; Mr. FRIST. Mr. President, I rise sizes youth education so that healthy National Recreation and Parks Associa- today to discuss a particular public habits can begin early. Finally, it tion; health problem—the growing rates of funds demonstration projects to find Research against Inactivity-related Dis- orders (RID); obesity. This epidemic has steadily in- innovative ways of improving eating creased to a level twice what it was Samuels & Associates: Public Health Re- and exercise habits. search, Evaluation, and Policy Consultants; thirty years ago. Obesity now affects There is no single solution to the Society for Nutrition Education; over sixty percent of adults and thir- growing epidemic of obesity. That is Structure House; teen percent of children and adoles- why the IMPACT Act takes a multi- University of North Carolina at Chapel cents. Among young people, it is esca- faceted approach. It implements evi- Hill, School of Public Health; and lating at an alarming rate. This condi- dence-based programs, where available, YMCA. tion causes three hundred thousand and includes rigorous evaluation of S. 1172 deaths a year and is second only to demonstration projects so we can learn smoking as the Nation’s leading cause Be it enacted by the Senate and House of Rep- what works best. This important legis- resentatives of the United States of America in of preventable death. Overweight and lation has a modest price tag, reflect- Congress assembled, obesity are associated with increased ing the appropriate role of the Federal SECTION 1. SHORT TITLE. risk for heart disease, the leading Government. Most importantly, the This Act may be cited as the ‘‘Improved cause of death, cancer, the second lead- IMPACT Act does not attempt to man- Nutrition and Physical Activity Act’’ or the ing cause of death, diabetes, the sev- date what Americans eat or drink or to ‘‘IMPACT Act’’. enth leading cause of death, and mus- transfer to the Federal Government de- SEC. 2. FINDINGS. culoskeletal disorders. Anyone with cisions that are best made at local lev- Congress makes the following findings: this condition has at least a 50 percent els. (1) An estimated 61 percent of adults and 13 chance of a premature death. Let me be clear that I am not against percent of children and adolescents in the As obesity continues to mount, the people making choices. I am all for Nation are overweight or obese. morbidity, mortality and health care choice, informed choice. What has hap- (2) The prevalence of obesity and being overweight is increasing among all age costs associated with these disorders pened, though, is that we as a society groups. There are twice the number of over- will skyrocket. Just this last month, a and as individuals have made choices weight children and 3 times the number of Health Affairs article estimated that about eating and activity, gradually overweight adolescents as there were 29 nearly one-tenth of U.S. health care and incrementally, without under- years ago.

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7247 (3) An estimated 300,000 deaths a year are recent use of laxatives or vomiting to con- TITLE II—COMMUNITY-BASED SOLUTIONS associated with being overweight or obese. trol their weight. TO INCREASE PHYSICAL ACTIVITY AND (4) Obesity and being overweight are asso- (20) Binge Eating Disorder is characterized IMPROVE NUTRITION ciated with an increased risk for heart dis- by frequent episodes of uncontrolled over- SEC. 201. GRANTS TO INCREASE PHYSICAL ACTIV- ease (the leading cause of death), cancer (the eating, with an estimated 2 to 5 percent of ITY AND IMPROVE NUTRITION. second leading cause of death), diabetes (the Americans experiencing this disorder in a 6- Part Q of title III of the Public Health 6th leading cause of death), and musculo- month period. Service Act (42 U.S.C. 280h et seq.) is amend- skeletal disorders. (21) Eating disorders are commonly associ- ed by striking section 399W and inserting the (5) Individuals who are obese have a 50 to ated with substantial psychological prob- following: 100 percent increased risk of premature lems, including depression, substance abuse, ‘‘SEC. 399W. GRANTS TO INCREASE PHYSICAL AC- death. and suicide. TIVITY AND IMPROVE NUTRITION. (6) The Healthy People 2010 goals identify (22) Eating disorders of all types are more ‘‘(a) ESTABLISHMENT.— obesity and being overweight as one of the common in women than men. ‘‘(1) IN GENERAL.—The Secretary, acting Nation’s leading health problems and include TITLE I—TRAINING GRANTS through the Director of the Centers for Dis- objectives of increasing the proportion of ease Control and Prevention and in coordina- adults who are at a healthy weight, reducing SEC. 101. GRANTS TO PROVIDE TRAINING FOR tion with the Administrator of the Health the proportion of adults who are obese, and HEALTH PROFESSION STUDENTS. Resources and Services Administration, the reducing the proportion of children and ado- Section 747(c)(3) of title VII of the Public Director of the Indian Health Service, the lescents who are overweight or obese. Health Service Act (42 U.S.C. 293k(c)(3)) is Secretary of Education, the Secretary of Ag- (7) Another goal of Healthy People 2010 is amended by striking ‘‘and victims of domes- riculture, the Secretary of the Interior, the to eliminate health disparities among dif- tic violence’’ and inserting ‘‘victims of do- Director of the National Institutes of Health, ferent segments of the population. Obesity is mestic violence, individuals (including chil- the Director of the Office of Women’s Health, a health problem that disproportionally im- dren) who are overweight or obese (as such and the heads of other appropriate agencies, pacts medically underserved populations. terms are defined in section 399W(j)) and at shall award competitive grants to eligible (8) The United States Surgeon General’s risk for related serious and chronic medical entities to plan and implement programs report ‘‘A Call To Action’’ lists the treat- conditions, and individuals who suffer from that promote healthy eating behaviors and ment and prevention of obesity as a top na- eating disorders’’. physical activity to prevent eating disorders, tional priority. obesity, being overweight, and related seri- SEC. 102. GRANTS TO PROVIDE TRAINING FOR (9) The estimated direct and indirect an- HEALTH PROFESSIONALS. ous and chronic medical conditions. Such nual cost of obesity in the United States is grants may be awarded to target at-risk pop- $117,000,000,000 (exceeding the cost of to- Section 399Z of the Public Health Service ulations including youth, adolescent girls, bacco-related illnesses) and appears to be ris- Act (42 U.S.C. 280h–3) is amended— racial and ethnic minorities, and the under- ing dramatically. This cost can potentially (1) in subsection (b), by striking ‘‘2005’’ and served. escalate markedly as obesity rates continue inserting ‘‘2007’’; ‘‘(2) TERM.—The Secretary shall award to rise and the medical complications of obe- (2) by redesignating subsection (b) as sub- grants under this subsection for a period not sity are emerging at even younger ages. section (c); and to exceed 4 years. Therefore, the total disease burden will most (3) by inserting after subsection (a) the fol- ‘‘(b) AWARD OF GRANTS.—An eligible entity likely increase, as well as the attendant lowing: desiring a grant under this section shall sub- health-related costs. ‘‘(b) GRANTS.— mit an application to the Secretary at such (10) Weight control programs should pro- ‘‘(1) IN GENERAL.—The Secretary may time, in such manner, and containing such mote a healthy lifestyle including regular award grants to eligible entities to train pri- information as the Secretary may require, physical activity and healthy eating, as con- mary care physicians and other licensed or including— sistently discussed and identified in a vari- certified health professionals on how to iden- ‘‘(1) a plan describing a comprehensive pro- ety of public and private consensus docu- tify, treat, and prevent obesity or eating dis- gram of approaches to encourage healthy ments, including ‘‘A Call To Action’’ and orders and aid individuals who are over- eating behaviors and healthy levels of phys- other documents prepared by the Depart- weight, obese, or who suffer from eating dis- ical activity; ment of Health and Human Services and orders. ‘‘(2) the manner in which the eligible enti- other agencies. ‘‘(2) APPLICATION.—An entity that desires a ty will coordinate with appropriate State (11) Eating preferences and habits are es- grant under this subsection shall submit an and local authorities, including— tablished in childhood. application at such time, in such manner, ‘‘(A) State and local educational agencies; (12) Poor eating habits are a risk factor for and containing such information as the Sec- ‘‘(B) departments of health; the development of eating disorders and obe- retary may require, including a plan for the ‘‘(C) chronic disease directors; sity. use of funds that may be awarded and an ‘‘(D) State directors of programs under sec- (13) Simply urging overweight individuals evaluation of the training that will be pro- tion 17 of the Child Nutrition Act of 1966 (42 to be thin has not reduced the prevalence of vided. U.S.C. 1786); obesity and may result in other problems in- ‘‘(3) USE OF FUNDS.—An entity that re- ‘‘(E) 5-a-day coordinators; cluding body dissatisfaction, low self-esteem, ceives a grant under this subsection shall use ‘‘(F) governors’ councils for physical activ- and eating disorders. the funds made available through such grant ity and good nutrition; and (14) Effective interventions for promoting to— ‘‘(G) State and local parks and recreation healthy eating behaviors should promote ‘‘(A) use evidence-based findings or rec- departments; and healthy lifestyle and not inadvertently pro- ommendations that pertain to the preven- ‘‘(3) the manner in which the applicant will mote unhealthy weight management tech- tion and treatment of obesity, being over- evaluate the effectiveness of the program niques. weight, and eating disorders to conduct edu- carried out under this section. (15) Binge Eating is associated with obe- cational conferences, including Internet- ‘‘(c) COORDINATION.—In awarding grants sity, heart disease, gall bladder disease, and based courses and teleconferences, on— under this section, the Secretary shall en- diabetes. ‘‘(i) how to treat or prevent obesity, being sure that the proposed programs are coordi- (16) Anorexia Nervosa, an eating disorder overweight, and eating disorders; nated in substance and format with pro- from which 0.5 to 3.7 percent of American ‘‘(ii) the link between obesity and being grams currently funded through other Fed- women will suffer in their lifetime, is associ- overweight and related serious and chronic eral agencies and operating within the com- ated with serious health consequences in- medical conditions; munity including the Physical Education cluding heart failure, kidney failure, ‘‘(iii) how to discuss varied strategies with Program (PEP) of the Department of Edu- osteoporosis, and death. In fact, Anorexia patients from at-risk and diverse populations cation. Nervosa has the highest mortality rate of all to promote positive behavior change and ‘‘(d) ELIGIBLE ENTITY.—In this section, the psychiatric disorders, placing a young healthy lifestyles to avoid obesity, being term ‘eligible entity’ means— woman with Anorexia at 18 times the risk of overweight, and eating disorders; ‘‘(1) a city, county, tribe, territory, or death of other women her age. ‘‘(iv) how to identify overweight and obese State; (17) Anorexia Nervosa and Bulimia Nervosa patients and those who are at risk for obe- ‘‘(2) a State educational agency; usually appears in adolescence. sity and being overweight or suffer from eat- ‘‘(3) a tribal educational agency; (18) Bulimia Nervosa, an eating disorder ing disorders and, therefore, at risk for re- ‘‘(4) a local educational agency; from which an estimated 1.1 to 4.2 percent of lated serious and chronic medical conditions; ‘‘(5) a federally qualified health center (as American women will suffer in their life- ‘‘(v) how to conduct a comprehensive as- defined in section 1861(aa)(4) of the Social time, is associated with cardiac, gastro- sessment of individual and familial health Security Act (42 U.S.C. 1395x(aa)(4)); intestinal, and dental problems, including ir- risk factors; and ‘‘(6) a rural health clinic; regular heartbeats, gastric ruptures, peptic ‘‘(B) evaluate the effectiveness of the ‘‘(7) a health department; ulcers, and tooth decay. training provided by such entity in increas- ‘‘(8) an Indian Health Service hospital or (19) On the 1999 Youth Risk Behavior Sur- ing knowledge and changing attitudes and clinic; vey, 7.5 percent of high school girls reported behaviors of trainees.’’. ‘‘(9) an Indian tribal health facility;

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7248 CONGRESSIONAL RECORD — SENATE June 3, 2003 ‘‘(10) an urban Indian facility; ing disorders, obesity, or being overweight; section, the following amounts shall be set ‘‘(11) any health care service provider; or aside for activities related to eating dis- ‘‘(12) an accredited university or college; or ‘‘(4) other activities determined appro- orders: ‘‘(13) any other entity determined appropriate by the Secretary. ‘‘(1) $5,000,000 for fiscal year 2004. priate by the Secretary. ‘‘(f) MATCHING FUNDS.—In awarding grants ‘‘(2) $5,500,000 for fiscal year 2005. ‘‘(e) USE OF FUNDS.—An eligible entity that under subsection (a), the Secretary may give ‘‘(3) $6,000,000 for fiscal year 2006. receives a grant under this section shall use priority to eligible entities who provide ‘‘(4) $6,500,000 for fiscal year 2007. the funds made available through the grant matching contributions. Such non-Federal ‘‘(5) $1,000,000 for fiscal year 2008. to— contributions may be cash or in kind, fairly SEC. 202. NATIONAL CENTER FOR HEALTH STA- ‘‘(1) carry out community-based activities evaluated, including plant, equipment, or TISTICS. including— services. Section 306 of the Public Health Service ‘‘(A) planning and implementing environ- ‘‘(g) TECHNICAL ASSISTANCE.—The Sec- Act (42 U.S.C. 242k) is amended by striking mental changes that promote physical activ- retary may set aside an amount not to ex- subsection (n) and inserting the following: ity; ceed 10 percent of the total amount appro- ‘‘(n)(1) The Secretary, acting through the ‘‘(B) forming partnerships and activities priated for a fiscal year under subsection (k) Center, may provide for the— with businesses and other entities to in- to permit the Director of the Centers for Dis- ‘‘(A) collection of data for determining the crease physical activity levels and promote ease Control and Prevention to provide fitness levels and energy expenditure of chil- healthy eating behaviors at the workplace grantees with technical support in the devel- dren and youth; and and while traveling to and from the work- opment, implementation, and evaluation of ‘‘(B) analysis of data collected as part of place; programs under this section and to dissemi- the National Health and Nutrition Examina- ‘‘(C) forming partnerships with entities, in- nate information about effective strategies tion Survey and other data sources. cluding schools, faith-based entities, and and interventions in preventing and treating ‘‘(2) In carrying out paragraph (1), the Sec- other facilities providing recreational serv- obesity and eating disorders through the pro- retary, acting through the Center, may ices, to establish programs that use their fa- motion of healthy eating behaviors and make grants to States, public entities, and cilities for after school and weekend commu- physical activity. nonprofit entities. nity activities; ‘‘(h) LIMITATION ON ADMINISTRATIVE ‘‘(3) The Secretary, acting through the ‘‘(D) establishing incentives for retail food COSTS.—An eligible entity awarded a grant Center, may provide technical assistance, stores, farmer’s markets, food coops, grocery under this section may not use more than 10 standards, and methodologies to grantees stores, and other retail food outlets that percent of funds awarded under such grant supported by this subsection in order to offer nutritious foods to encourage such for administrative expenses. maximize the data quality and com- stores and outlets to locate in economically ‘‘(i) REPORT.—Not later than 6 years after parability with other studies.’’. depressed areas; the date of enactment of the Improved Nutri- SEC. 203. STUDY OF THE FOOD SUPPLEMENT AND ‘‘(E) forming partnerships with senior cen- tion and Physical Activity Act, the Director NUTRITION PROGRAMS OF THE DE- ters and nursing homes to establish proof the Centers for Disease Control and Pre- PARTMENT OF AGRICULTURE. grams for older people to foster physical ac- vention shall review the results of the grants (a) IN GENERAL.—The Secretary of Agri- tivity and healthy eating behaviors; awarded under this section and other related culture shall request that the Institute of ‘‘(F) forming partnerships with day care fa- research and identify programs that have Medicine conduct, or contract with another cilities to establish programs that promote demonstrated effectiveness in healthy eating entity to conduct, a study on the food and healthy eating behaviors and physical activ- behaviors and physical activity in youth. nutrition assistance programs run by the De- ity; and ‘‘(j) DEFINITIONS.—In this section: partment of Agriculture. ‘‘(G) providing community educational ac- ‘‘(1) ANOREXIA NERVOSA.—The term ‘Ano- (b) CONTENT.—Such study shall— tivities targeting good nutrition; rexia Nervosa’ means an eating disorder (1) investigate whether the nutrition pro- ‘‘(2) carry out age-appropriate school-based characterized by self-starvation and exces- grams and nutrition recommendations are activities including— sive weight loss. based on the latest scientific evidence; ‘‘(A) developing and testing educational ‘‘(2) BINGE EATING DISORDER.—The term (2) investigate whether the food assistance curricula and intervention programs de- ‘binge eating disorder’ means a disorder programs contribute to either preventing or signed to promote healthy eating behaviors characterized by frequent episodes of uncon- enhancing obesity and being overweight in and habits in youth, which may include— trolled eating. children, adolescents, and adults; ‘‘(i) after hours physical activity programs; ‘‘(3) BULIMIA NERVOSA.—The term ‘Bulimia (3) investigate whether the food assistance ‘‘(ii) increasing opportunities for students Nervosa’ means an eating disorder character- programs can be improved or altered to con- to make informed choices regarding healthy ized by excessive food consumption, followed tribute to the prevention of obesity and be- eating behaviors; and by inappropriate compensatory behaviors, coming overweight; and ‘‘(iii) science-based interventions with such as self-induced vomiting, misuse of lax- (4) identify obstacles that prevent or multiple components to prevent eating dis- atives, fasting, or excessive exercise. hinder the programs from achieving their ob- orders including nutritional content, under- ‘‘(4) EATING DISORDERS.—The term ‘eating jectives. standing and responding to hunger and sati- disorders’ means disorders of eating, includ- (c) REPORT.—Not later than 2 years after ety, positive body image development, posi- ing Anorexia Nervosa, Bulimia Nervosa, and the date of enactment of this Act, the Sec- tive self-esteem development, and learning binge eating disorder. retary of Agriculture shall submit to the ap- life skills (such as stress management, com- ‘‘(5) HEALTHY EATING BEHAVIORS.—The term propriate committees of Congress a report munication skills, problem-solving and deci- ‘healthy eating behaviors’ means— containing the results of the Institute of sionmaking skills), as well as consideration ‘‘(A) eating in quantities adequate to meet, Medicine study authorized under this sec- of cultural and developmental issues, and the but not in excess of, daily energy needs; tion. role of family, school, and community; ‘‘(B) choosing foods to promote health and (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) providing education and training to prevent disease; There is authorized to be appropriated to educational professionals regarding a ‘‘(C) eating comfortably in social environ- carry out this section $750,000 for fiscal years healthy lifestyle and a healthy school envi- ments that promote healthy relationships 2003 and 2004. ronment; with family, peers, and community; and SEC. 204. HEALTH DISPARITIES REPORT. ‘‘(C) planning and implementing a healthy ‘‘(D) eating in a manner to acknowledge in- Not later than 18 months after the date of lifestyle curriculum or program with an em- ternal signals of hunger and satiety. enactment of this Act, and annually there- phasis on healthy eating behaviors and phys- ‘‘(6) OBESE.—The term ‘obese’ means an after, the Director of the Agency for ical activity; and adult with a Body Mass Index (BMI) of 30 kg/ Healthcare Research and Quality shall re- ‘‘(D) planning and implementing healthy m2 or greater. view all research that results from the ac- lifestyle classes or programs for parents or ‘‘(7) OVERWEIGHT.—The term ‘overweight’ tivities outlined in this Act and determine if guardians, with an emphasis on healthy eat- means an adult with a Body Mass Index particular information may be important to ing behaviors and physical activity; (BMI) of 25 to 29.9 kg/m2 and a child or ado- the report on health disparities required by ‘‘(3) carry out activities through the local lescent with a BMI at or above the 95th per- section 903(c)(3) of the Public Health Service health care delivery systems including— centile on the revised Centers for Disease Act (42 U.S.C. 299a–1(c)(3)). ‘‘(A) promoting healthy eating behaviors Control and Prevention growth charts or an- SEC. 205. PREVENTIVE HEALTH SERVICES BLOCK and physical activity services to treat or other appropriate childhood definition, as GRANT. prevent eating disorders, being overweight, defined by the Secretary. Section 1904(a)(1) of the Public Health and obesity; ‘‘(8) YOUTH.—The term ‘youth’ means indi- Service Act (42 U.S.C. 300w–3(a)(1)) is amend- ‘‘(B) providing patient education and coun- viduals not more than 18 years old. ed by adding at the end the following: seling to increase physical activity and pro- ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(H) Activities and community education mote healthy eating behaviors; and There are authorized to be appropriated to programs designed to address and prevent ‘‘(C) providing community education on carry out this section, $60,000,000 for fiscal overweight, obesity, and eating disorders good nutrition and physical activity to de- year 2004 and such sums as may be necessary through effective programs to promote velop a better understanding of the relation- for each of fiscal years 2005 through 2008. Of healthy eating, and exercise habits and be- ship between diet, physical activity, and eat- the funds appropriated pursuant to this sub- haviors.’’.

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7249 SEC. 206. REPORT ON OBESITY RESEARCH. The economic implications of the Association, the American Cancer So- (a) IN GENERAL.—Not later than 1 year obesity epidemic are equally dis- ciety, the Council for States and Terri- after the date of enactment of this Act, the turbing. The estimated direct and indi- torial Epidemiologists, the Society for Secretary of Health and Human Services shall submit to the Committee on Health, rect annual cost of obesity in the Nutrition Education, and the American Education, Labor, and Pensions of the Sen- United States is now 117 billion dol- Dietetic Association. ate and the Committee on Energy and Com- lars—exceeding the cost of tobacco-re- This legislation is an excellent first merce of the House of Representatives a related illnesses. These costs will only step in the fight for improved health, port on research conducted on causes and continue to climb unless we make a but it is not the only step we must health implications of obesity and being concerted effort to stem this dangerous take. We need to assist our schools in overweight. tide by initiating primary and sec- providing healthy nutrition options (b) CONTENT.—The report described in sub- ondary prevention programs. and expanding physical activity pro- section (a) shall contain— grams. We need to grow the workforce (1) descriptions on the status of relevant, It is this conclusion that led the current, ongoing research being conducted in United States Surgeon General to issue so that people have access to the the Department of Health and Human Serv- a Call to Action listing the treatment healthcare professionals they need to ices including research at the National Insti- and prevention of obesity as a top na- prevent, diagnose, and treat obesity tutes of Health, the Centers for Disease Con- tional priority. It is this conclusion and eating disorders. We need to look trol and Prevention, the Agency for that has led Secretary Thompson to at Medicare and Medicaid and insure Healthcare Research and Quality, the Health implement the Steps to a Healthier US that they provide the services nec- Resources and Services Administration, and initiative. And it is this reality that essary to help people prevent and treat other offices and agencies; obesity and its complications so that (2) information about what these studies makes passing the IMPACT bill a critical step towards improving our na- we reduce the burden of these diseases have shown regarding the causes of, preven- in these vulnerable populations. And tion of, and treatment of, overweight and tion’s future health and well-being. obesity; and Obesity and eating disorders are com- we need to promote research in the (3) recommendations on further research plex diseases and as such require com- areas of obesity prevention and treat- that is needed, including research among di- prehensive multidisciplinary solutions. ment so that we can offer people better verse populations, the department’s plan for IMPACT aims to move us toward those and more effective interventions in the conducting such research, and how current solutions by addressing these diseases future. These are not small goals but knowledge can be disseminated. on a number of levels. First, it aims to they are critical to our nation’s health. SEC. 207. REPORT ON A NATIONAL CAMPAIGN TO I will continue to work on additional CHANGE CHILDREN’S HEALTH BE- prepare the health care community to HAVIORS AND REDUCE OBESITY. deal with obesity from prevention to legislation that will take the next Section 399Y of the Public Health Service diagnosis to intervention by adding steps toward addressing these and Act (42 U.S.C. 280h–2) is amended— obesity, overweight, and eating dis- other related concerns. (1) by redesignating subsection (b) as sub- orders to the list of priority conditions For today, I would like to ask all of section (c); and my colleagues to join me in taking this to be addressed in the health profes- (2) by inserting after subsection (a) the fol- very important first step toward reduc- lowing: sions Title VII training grants. Second, IMPACT supports commu- ing obesity and eating disorders by ‘‘(b) REPORT.—The Secretary shall evalu- supporting this important legislation. ate the effectiveness of the campaign de- nity-based solutions to increase phys- scribed in subsection (a) in changing chil- ical activity and improve nutrition on By passing this bill we can truly IM- dren’s behaviors and reducing obesity and a number of levels. It provides funding PACT the health of our nation. Mrs. CLINTON. Mr. President, I rise shall report such results to the Committee for demonstration projects in commu- today to speak about a frightening epi- on Health, Education, Labor, and Pensions of nities, schools, health care organiza- the Senate and the Committee on Energy demic in our Nation. A staggering 61 tions, and other qualified entities that and Commerce of the House of Representa- percent of adults and 13 percent of chil- promote fitness or healthy nutrition. It tives.’’. dren and adolescents in our Nation are Mr. BINGAMAN. Mr. President, I rise authorizes the CDC to collect fitness overweight or obese. The number of today in support of the Improved Nu- and energy expenditure information overweight children has doubled and trition and Physical Activity or IM- from children. It directs AHRQ to re- the number of overweight adolescents PACT Bill that Senator FRIST has in- view any new information relating to has tripled since 1980, according to the troduced with myself and Senators obesity trends among various sub-pop- Surgeon General. The estimated direct DODD, DEWINE, CLINTON, WARNER, MUR- ulations and include such information and indirect annual cost of obesity in RAY, LUGAR, LANDRIEU, and SESSIONS. in its health disparities report. It al- the United States is $117,000,000,000, ex- This is a bill that is critical in this era lows states to use their Preventive ceeding even smoking-related illnesses. of chronic disease, as it addresses the Services Block Grant money for com- That is why I am pleased to join Sen- mounting public health concerns of munity education on nutrition and in- ators FRIST, BINGAMAN, DODD and oth- obesity, overweight, eating disorders, creased physical activity. It instructs ers in introducing the Improved Nutri- and their related diseases such as dia- the Secretary to report on what re- tion and Physical Activity Act of 2003. betes and cardiovascular disease. search has been done in the area of obe- This bill takes important steps to fund Approximately 61 percent of adults sity, what has been learned from this programs that ensure healthy eating and 13 percent of children and adoles- research, and what future research behaviors and improved physical activ- cents in our Nation today are over- should be conducted. And finally, it ity. Funding this program will save weight or obese. These individuals have asks the secretary to report on the ef- Americans vastly more in lower health a significantly greater risk of diseases fectiveness of the Youth Media Cam- care costs. The bill also takes critical such as diabetes, heart disease, and paign in changing children’s behaviors steps to educate health professionals to stroke than their healthy weight peers. and reducing obesity. help us fight this epidemic. With smok- Another 5 to 10 percent of Americans IMPACT is supported by a wide vari- ing, we learned that a simple rec- are suffering from eating disorders that ety of public and private organizations. ommendation from a health profes- can also manifest themselves in a num- The National Alliance for Nutrition sional to stop could have a dramatic ber of physical and psychological ill- and Activity or NANA, an organization impact in reducing smoking. It is just nesses including heart disease, including more than 250 national, as important to make sure our health osteoporosis, kidney failure, depres- state, and local organizations and the care providers are equipped to help sion, anxiety, and suicide. Unfortu- single largest coalition in the U.S. mold healthy behaviors in our fight nately, these rates of overweight, obe- dedicated to promoting healthy eating against obesity. sity, and eating disorders are rising in and physical activity and reducing obe- I also appreciate Senator FRIST’s both adult and child populations. Since sity states, ‘‘NANA strongly supports willingness to incorporate important obesity is a health problem that dis- your efforts to reduce obesity and im- provisions from my Promoting Healthy proportionately impacts medically un- prove eating and activity habits in the Eating Behaviors in Youth Act of 2002. derserved populations, it is rapidly in- U.S. through the IMPACT bill.’’ Other While it is so important to fight the creasing the medical burden on these organizations that have stated their obesity epidemic, we should not inad- already overburdened populations. support include the American Heart vertently send the wrong message by

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7250 CONGRESSIONAL RECORD — SENATE June 3, 2003 telling our children and adults simply been focused on the conference decision And even if there is a mention of the to eat less and exercise. Unfortunately, not to retain the Senate position re- EIC, I have seen no mention of the dol- many adolescents misinterpret this as garding acceleration from 10 percent to lar amount—the $4,00-plus check for a message that they should eat to 15 percent as part of the refundable families with two children and $2,500 achieve the body of a runway model. child credit—a change already sched- for families with one child. Why is Anorexia and bulimia are uled to take place in 2005. that? Because the chicken littles are increasingingly common among our Before I discuss this matter in detail, too busy running around. I would hope Nation’s youth. Recent data from the let me start by saying that I agree that the concept of ‘‘context’’ would 1999 Youth Risk Behavior Survey indi- with my colleagues that we should not be something of which the media cated that 7 percent of young women seek to reconsider this provision. I am has to be reminded. You would think who were very thin (body mass index introducing legislation today that will from reading speeches and media ac- less than 15 percentile) reported taking do that, and will also, of equal, and counts that the whole tax relief pro- laxatives or vomiting to lose weight or perhaps greater importance, provide a vided in the tax code to a family mak- to avoid gaining weight. An even larger uniform definition of a child and make ing $11,000 is the refundable child cred- percentage 9 percent of these very thin the $1,000 child credit permanent. Fi- it. The child credit for these families young women reported using diet pills. nally, my bill will eliminate the mar- at this income level is a thimble com- While it is important to prevent dia- riage penalty that is contained in the pared to the enormous benefits of EIC. betes and heart disease that may result child credit. This bill is an encom- Let me remind my colleagues of the from obesity, eating disorders also passing effort to help low-income and purpose of the child credit: It was de- have their own very serious con- middle-income families. signed to address the perceived penalty sequences. Anorexia nervosa, which The uniform definition of a child will for working families as the EIC began will affect 3.7 percent of American help hundreds of thousands of families to phase out. In fact, the original pro- women sometime in their lifetime, receive tax benefits for which they are posal of the refundable child credit leads to heart failure, kidney failure, not currently eligible. As important, it that I drafted with Senator BAUCUS in and osteoporosis. In fact, a young will bring simplification and clarity for 2001 would not have begun to take ef- woman is 12 times more likely to die millions of families, ensuring that they fect until the point where the EIC be- than other women her age without ano- are not subject to IRS audit and collec- gins to phase-out—at approximately rexia. tion efforts. $13,500 for a head of household and Poor eating habits have also led to a The bill also makes permanent the $14,500 for married couples. ‘‘calcium crisis’’ among American $1,000 child credit. Otherwise, in 2005 The Finance Committee heard testi- youth. Very few adolescent girls (14 working families with two eligible chil- mony, and it was the repeated view of percent get the recommended daily dren will receive a $600 tax increase as academics, that Congress needed to ad- amount of calcium, placing them at se- the tax credit drops to $700. In addi- dress the phase-out of the EIC. There rious risk for osteoporosis and other tion, the bill accelerates the refundable was no testimony to the Senate Fi- bone diseases. Because nearly 90 per- calculation from 10 percent to 15 per- nance Committee and I can find very cent of adult bone mass is established cent. little in respectable academic discus- by the end of adolescent growth period, Finally, the bill addresses the mar- sions that advocated an increase in the the Nation’s youth’s insufficient cal- riage penalty contained in the child check for EIC recipients—that the EIC cium intake is truly a calcium crisis. credit. Currently, the child credit top amount of $4,000 plus for two chil- The consequence of this crisis will be phases out at $75,000 for a single moth- dren or $2,500 for one child was insuffi- seen years later, when we are likely to er and a $110,000 for a married couple. ciently generous. face an unprecedented incidence of My bill would eliminate the marriage So that is what was the genesis of the osteoporosis in women. penalty by having the credit phase out Finance Committee’s support for a That is why I am especially grateful at $150,000. In addition, it adjusts the child credit—addressing somewhat the to see the use of a balanced ‘‘healthy phase-out level for inflation. EIC phase-out as families begin to eating behavior’’ definition in the bill, I do not need to wait for comments make more money. However, the begin- and to see that a portion of the grants from my colleagues or from the media ning point of the phase-in was shifted in the bill are set aside for eating dis- to take this action. Many from the at the request of some Senators to orders education programs. While we media who attended my press con- $10,000. That does not negate that the certainly need to focus on exercise and ference the day of final passage of the underlying purpose was and is to deal appropriate nutritional behavior, it is conference report will recall that I with the EIC phase-out. certainly just as important to teach stated then that I would quickly seek This concern about the phase-out is our children and adults how to engage to revisit the child tax credit issues reflected in the actions we took in con- in regular physical exercise and lose and seek Senate action on permanency ference. By raising the child credit to weight in a healthy way. of the child credit. $1,000 we helped put more money in the I am proud to join Senators FRIST, Let me turn now to the acceleration pocket of a single mom with one child BINGAMAN, DODD, WARNER, DEWINE, issue. The media and some members of making $17,000 to $20,000. MURRAY, LUGAR, and LANDRIEU in this Congress seem to have a willful blind- That single mom making $20,000 will important legislative initiative, and ness as they discuss this matter. What now get a $1,000 check instead of a $600 eagerly anticipate its progress as we are they blind to? The Earned Income check under previous law. fight a significant public health epi- Credit, EIC, program provides great as- What if we were to only do as some demic. sistance to the very population that is propose and do acceleration to 15 per- of concern. cent but not increase the child credit By Mr. GRASSLEY (for himself, Let me give you an example: A fam- in 2005 to $1,000? Mr. FRIST, Mr. GRAHAM of ily of four making $11,000 will be eligi- Yes, it will mean a bit more for those South Carolina, Mr. ALEX- ble for $50 under the refundable child families already receiving a $4,000-plus ANDER, and Mrs. HUTCHISON): credit. By accelerating it, as proposed check under EIC—and I recognize that S. 1173. A bill to amend the Internal by my bill and by others, they will now every penny counts to these families. Revenue Code of 1986 to accelerate the be eligible for $75. What does this fam- But this proposal will also mean a tax increase in the refundability of the ily get under EIC? In 2002 they will get increase on that single mom making child tax credit, and for other purposes; a check for $4,140. That means that $18,000, that single dad making $19,000 to the Committee on Finance. family is paying no income tax and and that married couple with one child Mr. GRASSLEY. Mr. President, I payroll tax of $842 and is getting a pay- making $20,000. Why? Because they want to speak briefly about low-income ment from the federal government of benefit more from the increase in the families and the recently passed tax almost $3,300 in excess of the payroll child credit to $1,000. The acceleration bill. There has been much heat and tax they pay. will not benefit them; they will quickly very little light about what we have You would never know this from the meet the maximum child credit. It is done in this bill. Most of the heat has media accounts and the press releases. the increase to $1,000 that is the real

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7251 benefit for these families that do not Over the life of a loan, the mortgage who were within the 27 percent tax receive the maximum benefits under interest tax deduction can save home- bracket or lower in the year before EIC. owners thousands of dollars that they they purchase their home. That is That is why I urge my colleagues to could use for other necessary family $67,700 for single filers, $96,700 for heads support my legislation that helps mil- expenses such as education or health of household, $112,850 for joint returns. lions of working families, and doesn’t care. There is a dollar-for-dollar phase-out impose a tax on families that are work- These benefits, however, are only beyond the cap. ing hard and getting themselves a lit- available to individuals who own their Normally, tax credits like this are an tle bit better paying job. own home. after-the-fact benefit. They do little to And let me close with one other note. It is important also to note that own- get people actually into a home. My colleagues should remember that it ing a home is a principle and reliable What is particularly innovative and still takes 3 million taxpayers off the source of savings as homeowners build beneficial about the tax credit in this rolls completely. They will no longer equity over the years and their homes bill, however, is that, for the first time, have to pay tax under this legislation. appreciate. the taxpayer can either claim the cred- Much of that is due to the increase in For many people, it is home equity— it in the year after he or she buys a the child credit to $1,000. not stocks—that help them through first home or the taxpayer can transfer Finally, for those who want to talk the retirement years. the credit directly to a lender at clos- about income tax relief for low-income In addition, owning a home insulates ing. The transferred credit would go to- individuals, I would encourage them to people from spikes in housing costs. ward helping with the down payment remember this is many ways a bill that Indeed, while rents may go up, the or closing costs. This is cash at the is in concert with the 2001 tax relief costs of a monthly mortgage payment, that created the 10 percent bracket and table. in relative terms, will go down over the As mandated in the bill, the eligible provided great income tax relief to sin- course of the mortgage. gles. Again, a bigger picture that pro- homebuyer would have the money for In my own State of Michigan, the the lender from the Treasury within 30 vides greater context of our work will homeownership rate of 74 percent is the show that we are providing broad-based days of application. third highest in the Nation and well I am happy to say that this legisla- relief to millions of taxpayers. above the national rate of 66 percent. I urge my colleagues to work with tion already has strong support. In Oregon, the home State of my Among those who have already written me in passing this full relief for fami- bill’s lead Republican sponsor, Senator lies. I also think it is important that to me in support of this concept are: GORDON SMITH, the homeownership The American Bankers Association; we pass legislation that can be passed rate is 64.3 percent—about 2 percent America’s Community Bankers; the into law by working with the House below the national average. Housing Partnership Network; the Na- and the White House. We have already However, as impressive as these num- tional Housing Conference; the Na- passed legislation that deals with just bers may initially sound, not everyone tional Congress for Community Eco- the 10 percent to 15 percent—the Fi- enjoys the benefits of homeownership. nomic Development; the National nance Committee passed it and the For example, homeownership in Council of La Raza; the National Asso- Senate passed it. The Senate is on Michigan among whites is 78 percent; ciation of Affordable Housing Lenders; record on this matter already. Now is Native Americans 60 percent; Hispanics the Manufactured Housing Institute; the time to bring real relief and perma- 55 percent; African Americans 51 per- Fannie Mae; Freddie Mac; National nent relief to all working families. cent; and Asians 50 percent. Community Reinvestment Coalition; By Ms. STABENOW (for herself, A national study by the Fannie Mae Standard Federal Bank; Habitat for Foundation found that in the top third Humanity, and, the National American Mr. SMITH, and Mr. DAYTON): S. 1175. A bill to amend the Internal of income levels, 44 percent of people Indian Housing Council. Revenue Code of 1986 to allow a refund- under the age of 31 owned their own I ask unanimous consent that copies able credit against income tax for the home. of their letters be printed in the ECORD. purchase of a principal residence by a But, for the lowest third on the in- R There being no objection, the letters first-time homebuyer; to the Com- come scale, only 15.6 percent owned were ordered to be printed in the mittee on Finance. their own home—a 28 percent gap! RECORD. Ms. STABENOW. Mr. President, I be- Why do we face these disparities? lieve ‘‘home’’ is one of the warmest Clearly, one of the biggest barriers to HABITAT FOR words in the English language. At the homeownership for working families is HUMANITY INTERNATIONAL, Washington, DC, May 12, 2003. end of a long day, I think the favorite the cost of a down payment and the costs associated with closing a mort- Hon. DEBBIE STABENOW, phrase of every hardworking working U.S. Senate, Hart Senate Office Building, man and woman in this country is: gage. Washington, DC. ‘‘Well, I’ll see you tomorrow. I’m going According to the Mortgage Bankers DEAR SENATOR STABENOW: On behalf of home now.’’ Association, typical closing costs on an Habitat for Humanity International, I want That is why I rise today to introduce average sized loan of $175,000 can ap- to commend you for your leadership on the First Time Homebuyers’ Tax Credit proach approximately $4,000. issues of affordable housing and for putting forth legislation—the First-Time Home- Act of 2003. Even with relatively recent mortgage products that allow a downpayment of buyers Tax Credit Act—that will enable low- The bill I am introducing will spread income families with little or no savings to that warmth by opening the door to as little as 3 percent of the value of a overcome the two largest obstacles faced on homeownership to millions of hard- home, total costs can quickly approach the path to homeownership; downpayments working families, helping them cover over $9,000. and closing costs. the initial down payment and closing This is an impossible amount to save As you know, Habitat for Humanity has costs. for those who are scraping by, working witnessed, through the sale of over 135,000 This initiative is in keeping with our hard to make ends meet. homes worldwide to Habitat homeowner fam- To address this problem, I am intro- ilies, that homeownership is one of the most longstanding national policy of encour- important personal and financial invest- aging homeownership. ducing the First Time Homebuyers’ ments for individuals, families, and commu- Owning a home has always been a Tax Credit Act of 2003. nities. By expanding first-time homeowner- fundamental part of the American My bill authorizes a one-time tax ship opportunities to thousands of low-in- dream. credit of up to $3,000 for individuals and come families via a one-time tax credit, the We, in Congress, have long recognized $6,000 for married couples. First-Time Homebuyers Tax Credit Act will the social and economic value in high This credit is similar to the existing help close the homeownership gap and pro- rates of homeownership through laws mortgage interest tax deduction in vide new wealth-building opportunities for that we have enacted, such as the that it creates incentives for people to thousands who would perhaps in no other way experience the American Dream. mortgage interest tax deduction and buy a home. Habitat for Humanity affiliates across the the capital gains exclusion on the sale To be eligible for the credit, tax- country address the issue of daunting finan- of a home. payers must be first-time homebuyers cial barriers posed by downpayments and

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7252 CONGRESSIONAL RECORD — SENATE June 3, 2003 closing costs by charging only a minimal payment and closing costs. The First Time wealth, builds healthy and sustainable com- amount or by enabling potential homeower Homebuyers’ Tax Credit, perhaps used in munities, and achieves lasting economic via- families to forgo the requirement altogether, conjunction with other available federal, bility. NCCED fulfills its mission of service relying on a homeowner’s ‘‘sweat equity’’ in state, and local homebuyers’ incentive pro- to its members working in disinvested urban the construction of their home as sufficient grams, will bring the dream of owning one’s and rural communities through education, deposit. While this legislation may not di- own home well within the grasp of many ad- resource development, advocacy, net- rectly affect the work of our Habitat affili- ditional people. working, training, technology assistance, ates, HFHI is pleased to offer our support to We understand that some details of the policy initiatives, and strategic partner- you as we work together to provide new program, particularly as it relates to the ships. homeownership opportunities to strengthen transfer of the tax credit to a lender, remain NCCED’s annual conference will be held families, revitalize neighborhoods, and close to be worked out. However, we are sup- this year in Detroit, Michigan on October 9 the homeownership gap among racial groups. portive of the concept of the tax credit and and 10, 2003. We would welcome the oppor- Again, we applaud your commitment to af- of income limits for participation. tunity for you to share your thoughts with fordable housing issues and for sponsoring We appreciate the opportunity to comment the expected 500 conference attendees who legislation that reflects your conviction that on this important legislation and congratu- will be there to learn from the successes of all Americans should have a decent, safe, and late you for providing leadership to this ef- Detroit’s community development corpora- affordable place in which to live. If we can be fort. We hope that our comments and our tions. support will assist in bringing the tax credit of any assistance, please do not hestitate to Please contact me at (202) 289–9020 if you program to fruition for the benefit of first contact me or Amy Randel, Director of Gov- would like more information. We look for- time homebuyers. ernment Relations, at 202/628–9171. ward to working with you on policy issues Sincerely, Gratefully yours, related to community revitalization. MARY M. FOWLIE, TOM JONES, Sincerely, Vice President, HFHI/Managing Director. Group Senior Vice President. ROY O. PRIEST, President and CEO. STANDARD FEDERAL BANK, NATIONAL COMMUNITY Troy, MI, March 27, 2003. REINVESTMENT COALITION, Hon. DEBBIE A. STABENOW, Washington, DC, March 18, 2003. THE HOUSING PARTNERSHIP Hart Senate Office Building, Hon. DEBBIE A. STABENOW, NETWORK, Washington, DC. Senate Hart Building, Boston, MA, May 12, 2003. DEAR SENATOR STABENOW: Standard Fed- U.S. Senate, Washington DC. Senator DEBORAH STABENOW, eral Bank National Association (‘‘SFB’’) ap- DEAR SENATOR STABENOW: On behalf of the Hart Senate Office Building, preciates the opportunity to comment on the National Community Reinvestment Coali- Washington, DC. proposed First-Time Homebuyers’ Tax Credit tion (NCRC) and our over 600 member organi- DEAR SENATOR STABENOW: On behalf of the Act of 2003. This letter is written on behalf of zations, we would like to express our most Housing Partnership Network, I would like SFB and all of its LaSalle Bank Corporation sincere gratitude for taking time out of your to extend our support for your proposed (‘‘LBC’’) affiliates. busy schedule to participate in our Congres- Homeownership Tax Credit Act of 2002. This LBC is a subsidiary of ABN AMRO Bank sional Luncheon held on Thursday, March 13, legislation would authorize a one-time tax N.V. (‘‘Bank’’) which is headquartered in 2003 at the Senate Hart Building. credit of up to $3,000 for individuals and Amsterdam, the Netherlands. The Bank has Our National Community Reinvestment $6,000 for married couples to help pay down- over $519 billion in assets, approximately Coalition (NCRC) membership and staff truly payment and closing costs for eligible first- 111,000 employees, and a network of approxi- enjoyed your encouraging and well-stated re- time homebuyers. mately 3,500 offices in over 70 countries and marks. In addition, we are truly grateful to The lack of funds for downpayment and territories. The Bank maintains several you regarding your leadership in authoring closing costs is a significant barrier for branches, agencies and offices in the United ‘‘The First Time Homebuyers Tax Credit Act many lower income families who wish to States. In addition, ABN AMRO Incor- of 2003’’, and we applaud you as a champion purchase a home in communities throughout porated, a full-service investment banking, for this cause. We would like for you to know the country. The proposed homeownership advisory, and brokerage firm, headquartered that we stand willing and anxious to assist credit is a particularly innovative solution in New York, New York, is also a subsidiary you in the introduction of this bill in the to help families overcome this obstacle be- of the Bank. 108th Congress. cause of the transferability feature. By al- LBC is the financial holding company for Again, thank you for your pioneering spir- lowing buyers to transfer the credit to their the U.S. domestic banking operations of the it and continued support in assisting those mortgage lender at closing, the credit can Bank and is headquartered in Chicago. LBC who have encountered economic injustices. provide an immediate infusion of cash to is among the largest foreign financial hold- If NCRC can further assist you in eradicating help the family finance the home purchase. ing companies in North America with $90 bil- these causes, please do not hesitate to con- Founded in 1990, the Housing Partnership lion in assets. The U.S. operations of the tact me directly or our Director of Legisla- Network is a national membership inter- Bank include LaSalle Bank National Asso- tive and Regulatory Affairs, Crystal Ford, at mediary for regional nonprofit housing part- ciation, located in Chicago, Illinois, and (202) 628–8866. nerships. The Network currently has 77 Standard Federal Bank National Associa- Sincerely, members operating in 37 states. (The full tion, located in Troy, Michigan. These banks JOHN TAYLOR, membership list is attached.) The Network maintain over 400 offices in Illinois, Michi- President and CEO. and our members sponsor a range of pro- gan, and Indiana. grams to provide counseling, mortgage fi- The advantages of home ownership are NATIONAL CONGRESS FOR nance, and downpayment assistance to pro- both obvious and clearly instrumental in COMMUNITY ECONOMIC DEVELOPMENT, mote affordable homeownerships opportuni- providing a secure lifestyle to our citizens. Washington, DC, April 25, 2003. ties for low and moderate income families. Owning one’s own home is the primary Hon. DEBBIE STABENOW, The Network’s members have provided source of wealth building for most Ameri- U.S. Senator, Hart Senate Office Building, homeownership counseling to over 225,000 cans. While rents and other living expenses Washington, DC. families and have developed or rehabilitated increase with inflation, the monthly mort- DEAR SENATOR STABENOW: The National 200,000 homes. gage payment can remain constant, and in Congress for Community Economic Develop- relative terms will become an even smaller ment (NCCED), on behalf of its more than 700 The Network is a national funding inter- portion of the family’s financial obligations member community development corpora- mediary for the HUD Housing Counseling over time. tions (CDCs) nationwide, supports the pro- Program, and has provided $8 million to sup- An additional benefit to home ownership is posed Homeownership Tax Credit bill to be port the counseling programs of 35 organiza- the mortgage interest tax deduction. Home introduced by Senator Gordon Smith and tions over the last eight years. Focused pri- owners can use the money they save on taxes you. marily on homebuyer education, the pro- to meet other family expense, such as edu- The proposed legislation is innovative be- gram underwrites a range of services, includ- cation and health care, benefits which are cause it provides homebuyers with the abil- ing post-purchase, foreclosure prevention, not available to renters. ity to transfer their tax credit to the lender and reverse equity mortgage counseling. We want to express our strong support for at closing in order to offset downpayment There are also homeless assistance and the concept of expanding homeownership op- and closing costs. Downpayment and closing renter counseling components. portunities contained in the proposed First- costs have consistently been one of the Our member that operates in the Wash- Time Homebuyers’ Tax Credit Act of 2003, greatest barriers to homeownership for low ington, DC area, the Community Develop- which you have been instrumental in brining and moderate-income families. ment and Preservation Corporation, is famil- up for Congressional approval. This legisla- NCCED is the national trade association iar with the federally authorized homeown- tion has the potential to provide a signifi- representing more than 3,600 CDCs nation- ership tax credit in the District of Columbia. cant opportunity for home ownership to wide. We were founded in 1970 and since have This program has been quite successful and many families and individuals who are not advocated for the community economic de- your bill would extend this benefit to many able to meet the financial burden of down velopment industry, whose work creates other communities. The innovative

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7253 transferability feature which you have in- than 70 insured depository institutions, 45 up to $3,000 for moderate-income individuals, cluded in the legislation will make this re- non-profit providers and 800 individuals. is the kind of assistance low and moderate source even more useful to first time home- Members include the who’s who of private income families can harness to better afford buyers. sector lenders and investors in affordable the American Dream of homeownership. The proposed credit is a creative approach housing and community development: banks, As you know, the availability of funds for to use the tax system to facilitate homeown- thrifts, insurance companies, community de- a downpayment is a key barrier to homeownership for lower income families. As this bill velopment corporations, mortgage compa- ership. Our National Housing Survey found makes its way through the legislative proc- nies, loan consortia, financial inter- that 32 percent of Americans say they would ess, we would recommend that the income mediaries, pension funds, foundations, local have difficulty making a downpayment for eligibility for the credit be more narrowly and national nonprofits, and public agencies. the purchase of a home. We at Fannie Mae drawn to ensure the public resource is more As you well know, the number of working support the use of tax credits to promote efficiently targeted to lower income families with critical housing needs has con- homeownership and appreciate your work in beneficaries. tinued to grow in recent years, and working this regard. We appreciate the leadership you have pro- families have identified the lack of afford- We look forward to continuing our work vide in helping address the nation’s affordable housing as one of their biggest prob- with you to increase the opportunity for able housing crisis, and look forward to lems. The First-Time Homebuyers’ Tax Cred- more Americans to own homes of their own. working with you and your staff on this and it Act would make it significantly easier for Sincerely, other issues. many households to realize the American WILLIAM R. DALEY. Sincerely, dream of homeownership by providing them THOMAS BLEDSOE, with a valuable resource for overcoming one Washington, DC, May 12, 2003 President. of the biggest barriers to homeownership— Hon. DEBBIE A. STABENOW, the cost of a downpayment and closing costs. U.S. Senate, Hart Senate Office Building, NATIONAL COUNCIL OF LA RAZA, The proposed legislation evolves from Washington, DC. Washington, DC, May 21, 2003. longstanding public policy to create incen- DEAR SENATOR STABENOW: I am writing to Hon. DEBORAH STABENOW, tives to homeownership because of the inher- commend your efforts in introducing the U.S. Senate, ent benefits of homeownership for both indi- ‘‘FIRST-TIME HOMEBUYERS’ TAX CRED- Washington, DC. viduals and society. Your bill effectively IT ACT OF 2003’’. Your legislation providing DEAR SENATOR STABENOW: On behalf of the complements the existing mortgage interest a tax credit to assist first-time homebuyers National Council of La Raza (NCLR), I write tax deduction—which saves families thou- with closing costs or down payment assist- in support of the First-Time Homebuyers’ sands of dollars for other necessary expendi- ance is very important Tax Credit Act of 2003. NCLR is the nation’s tures after a home has been acquired—by Becasue of innovative products and serv- largest Hispanic constituency-based organi- providing a tax credit that facilitates the ices offered by the banking industry, the zation, representing more than 37 million first-time purchase of a home for working United States has achieved the highest Latinos nationwide. The opportunity to be- families. The legislation also addresses an- homeownership rate in our nation’s history. come a homeowner is essential to NCLR’s other key concern, narrowing the homeown- Nevertheless, as you have recognized, mil- mission to promote economic mobility and ership gap between the lowest and highest lions still face barriers to homeownership be- financial stability within the Hispanic com- income groups, and among different races. cause of difficulty in accumulating an ade- munity. NAAHL and our member companies look quate down-payment or because of costs as- As you may know, Latino representation forward to working closely with you to enact sociated with the loan transaction. By pro- within the homebuying market is increasing, this legislation. We share your goal of ex- viding assistance in the form of a Federal accounting for 16.3% of all new homebuyers panding homeownership opportunities, and tax rebate, paid before a borrower closes on from 1995 to 2000. That said, we remain con- sincerely appreciate your commitment to a loan, your legislation can make homeown- cerned that the rate of Hispanic homeowner- helping make housing more affordable. ership a reality for many more Americans. ship, 48% continues to lag behind the na- Sincerely, Thank you for your leadership on this tional average of 68%. JUDY KENNEDY, issue. Homeownership is often the largest and President. single most important asset for a family, Sincerely, FLOYD E. STONER, building wealth and improving community MANUFACTURED HOUSING INSTITUTE, EXECUTIVE DIRECTOR, stability. Further initiatives that facilitate March 18, 2003. CONGRESSIONAL homeownership opportunities are essential Hon. DEBBIE A. STABENOW, RELATIONS AND PUBLIC POLICY, for improving Hispanic and low-income Senate Hart Office Building, American Bankers Association. neighborhoods. Too many working Latino Washington, DC. families are unable to save enough money for DEAR SENATOR STABENOW: The Manufac- closing costs and downpayments, and are tured Housing Institute (MHI) supports the FREDDIE MAC, barred from attaining the American dream ‘‘First-Time Homebuyers’ Tax Credit Act of Washington, DC, May 5, 2003. of homeownership. Legislation such as yours 2003,’’ which we understand you will be intro- Hon. DEBBIE STABENOW, will break down barriers to homeownership, ducing in the near future. U.S. Senate, Senate Hart Office Building, of which affordability is a major component. This legislation would permit a one-time Washington, DC. NCLR looks forward to working with you tax-credit to first-time homebuyers which DEAR SENATOR STABENOW: Freddie Mac is on this and other innovative affordable hous- can be used for down payment and closing pleased to support your legislation, The ing efforts. Please contact Janis Bowdler, costs in connection with the purchase of a Homeownership Tax Credit Act of 2003. We Housing Policy Analyst, (202) 776–1748, to dis- principal residence. This will help credit- appreciate your extraordinary leadership in cuss further ways in which we can work to- worthy homebuyers overcome the biggest broadening homeownership opportunities for gether on these important issues. impediment to purchasing a first home America’s working families and look forward Sincerely, today—the accumulation of sufficient funds to continuing to work with you to achieve RAUL YZAGUIRRE, to finance the down payment and closing this common goal. President/CEO. costs required at loan settlement. The Homeownership Tax Credit Act ad- If structured properly, this program will dresses one of the primary barriers that NATIONAL ASSOCIATION OF help credit-worthy low- and moderate-in- many working families and other Americans AFFORDABLE HOUSING LENDERS, come homebuyers to purchase and remain in face in trying to buy a home, the cost of a March 12, 2003. manufactured homes for many years to down payment and the closing costs involved Hon. DEBBIE A. STABENOW, come. in the purchase of a home. Your legislation Hart Senate Office Building, Sincerely, takes an innovative approach to knocking Washington, DC. CHRIS STINEBERT, down this barrier to homeownership by pro- DEAR SENATOR STABENOW: The National President, Manufactured Housing Institute. viding a tax credit that the taxpayer can ei- Association of Affordable Housing Lenders ther claim in the year after he or she buys a (NAAHL), which represent America’s leaders FANNIE MAE, first home or the taxpayer can transfer the in community lending and investment, May 13, 2003. credit directly to a lender at closing. strongly supports the proposed First-Time Hon. DEBBIE STABENOW, At Freddie Mac, we work to help America’s Homebuyers’ Tax Credit Act of 2003, to help Senate Hart Office Building, families realize the dream of homeowner- working families buy their first home Washington, DC. ship, by making low-cost mortgage financing through a tax credit to help cover the down- DEAR SENATOR STABENOW: I understand available to families every day. Freddie Mac payment and closing costs. that you will be introducing a bill shortly has made mortgage financing available for NAAHL is the only association devoted to that would provide for a one-time tax credit more than 27 million homes. We are strongly increasing private capital investment in low- for first time homebuyers in America’s low- committed to improving the quality of life and moderate-income communities. NAAHL est tax brackets. for homeowners and renters by making de- represents 200 organizations that are leaders Your legislation, The Homeownership Tax cent, accessible housing a reality for Amer- in lending and investing, including more Credit Act of 2003, providing a tax credit of ica’s families.

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7254 CONGRESSIONAL RECORD — SENATE June 3, 2003 As a member of the Senate Committee on homeowners. We applaud your efforts in of- Housing has been such a bright light Banking, Housing and Urban Affairs, you fering a solution to a problem many Ameri- in the sluggish economy we’ve faced for have consistently demonstrated your out- cans face. the last few years. My bill is designed Thank you for your leadership on this standing support for increasing homeowner- to ensure that the housing sector re- ship in America, and we look forward to issue. working with you to help America’s families Sincerely, mains a strong component of our econ- realize the American Dream of homeowner- ROBERT R. DAVIS, omy. ship. Executive Vice President and Managing Finally, let me close by emphasizing Sincerely, Director, Government Relations. how happy and proud I am that this tax DWIGHT FETTIG, Earlier today, at a press conference, legislation is bipartisan. In a closely Director, Congressional Relations. Senator SMITH and I were also joined divided Senate, and a closely divided by the Mortgage Bankers Association Congress, it is so important to work NATIONAL AMERICAN INDIAN HOUS- of America and we have received posi- across the aisle and Senator SMITH, ING COUNCIL, OFFICE OF GOVERN- who is a real champion for good hous- MENTAL AFFAIRS, tive comments from the National Asso- Washington, DC, May 8, 2003 ciation of Homebuilders about my leg- ing policy, is someone I want to work Hon. DEBBIE STABENOW, islation. closely with on this bill and other im- U.S. Senate, Clearly, the breadth and diversity of portant housing legislation. He under- Washington, DC. support is strong for this legislation. stands how housing tax benefits help DEAR SENATOR STABENOW: I write today to This is a bold and aggressive effort to build strong communities and provide let you know that you have the support of reach out to a large number of working economic security for millions of fami- the National American Indian Housing Coun- families to help them get into this first lies. cil for your Homeownership Tax Credit bill. home. I am committed to seeing this legis- We will be watching for when the bill is in- The Joint Committee on Taxation troduced so we can be sure to inform our lation passed. And, I welcome the members. has estimated that up to 16.8 million chance to work with all of my col- The National American Indian Housing working people would get into their leagues to see the dream of homeown- Council is a national membership organiza- first home over the next seven years ership expanded to all people. tion representing over 400 of the 564 feder- because of this new tax credit. Home. Sentimentally, it is one of the ally-recognized tribes and their tribally des- People like Christine Nelson, with warmest words in the English lan- ignated housing entities on low-income hous- whom I met this morning. Christine is guage. Economically, it is the key ing, mortgage lending, finance and economic a working mom. She works as an ad- word in bringing millions of families in development issues. We currently have ten ministrative assistant for a national from the cold and letting them begin member tribes from your home state of association. She is carefully saving up Michigan. building wealth for themselves and Although much of our effort goes to help- to buy her first home. their family. ing tribal housing agencies build and finance In addition to supporting her daugh- I ask unanimous consent that the homes for tribal members where the real es- ter, however, Christine has student text of this legislation be printed in tate market is nearly non-existent, we are loans that she is paying for. the RECORD. always looking to help those tribal members These multiple obligations make it There being no objection, the text of that are ready and able for homeownership, difficult for her to come up with that the bill was ordered to be printed in but are driven away by high down-payments $9,000 I mentioned earlier. the RECORD, as follows: and closing costs associated with buying a The $3,000 tax credit she is eligible home. Your idea to offer a transferable tax S. 1175 for would make a tremendous dif- Be it enacted by the Senate and House of Rep- credit to first-time homebuyers would be ference in her life. It would get her and very helpful. We believe in the benefits of resentatives of the United States of America in homeownership and support your effort for her daughter into that first home much Congress assembled, making it less cumbersome for lower income faster. SECTION 1. SHORT TITLE. Americans. We are working to send a message to This Act may be cited as the ‘‘First-Time Please do not hesitate to contact me for Christine and other people all over the Homebuyers’ Tax Credit Act of 2003’’. further information or for any assistance country that if you are working hard SEC. 2. REFUNDABLE CREDIT FOR FIRST-TIME you might need in the passage of this legisla- to save up enough to get into that first HOMEBUYERS. tion. (a) IN GENERAL.—Subpart C of part IV of home, the Federal Government will subchapter A of chapter 1 of the Internal Sincerely, make a strategic investment in your RUSSELL SOSSAMON, Revenue Code of 1986 (relating to refundable Chairman. family—it will offer a hand up. credits) is amended by redesignating section This is not unlike what we already do 36 as section 37 and by inserting after section JUNE 3, 2003. through the mortgage interest tax de- 35 the following new section: Hon. DEBBIE STABENOW, duction for millions of people who are ‘‘SEC. 36. PURCHASE OF PRINCIPAL RESIDENCE U.S. Senate, Hart Senate Office Building, fortunate enough already to own their BY FIRST-TIME HOMEBUYER. Washington, DC. own home. ‘‘(a) ALLOWANCE OF CREDIT.—In the case of DEAR SENATOR STABENOW: I want to take We certainly won’t do all the hard an individual who is a first-time homebuyer this opportunity to express America’s Com- of a principal residence in the United States work for you. You must be frugal and during any taxable year, there shall be al- munity Bankers’ support for your initiative save and do most of the work yourself, to provide Americans the opportunity to own lowed as a credit against the tax imposed by their own home. The First Time Home- but we, in Congress, understand that it this subtitle for the taxable year an amount buyers’ Tax Credit Act of 2003 is greatly is good for America to enhance home- equal to 10 percent of the purchase price of needed to address the current affordable ownership. the residence. housing crisis in this country. We also understand that this sort of ‘‘(b) LIMITATIONS.— Homeownership is an important goal for investment in working families stimu- ‘‘(1) MAXIMUM DOLLAR AMOUNT.— ACB. Our members originate more than 25 lates the economy. ‘‘(A) IN GENERAL.—The credit allowed percent of all U.S. mortgages. This legisla- No one can deny that when the First under subsection (a) shall not exceed the excess (if any) of— tion will assist first-time homebuyers and Time Homebuyers’ Tax Credit is en- lenders by converting federal income tax ‘‘(i) $3,000 ($6,000 in the case of a joint re- credits into cash for down payments and acted and used by millions of people, turn), over closing fees. We support giving qualified every single time the credit is used, it ‘‘(ii) the credit transfer amount deter- first-time buyers the option of either hand- will be stimulative. mined under subsection (c) with respect to ing over their credit to their lenders or using Why? the purchase to which subsection (a) applies. it later to reduce their own personal income Because it means someone bought a ‘‘(B) INFLATION ADJUSTMENT.—In the case taxes. house. And that generates economic of any taxable year beginning after Decem- Over the years, ACB members have helped activity for multiple small business ber 31, 2003— people with owning a home. Your initiative people. Realtors. Lenders. House ap- ‘‘(i) the $3,000 amount under subparagraph will create additional opportunities for our praisers. Inspectors. Title insurers. (A) shall be increased by an amount equal to members to continue assisting first-time $3,000, multiplied by the cost-of-living ad- homebuyers in securing a mortgage. And so on. And there is a ripple of eco- justment determined under section 1(f)(3) for ACB urges your colleagues in the House of nomic activity by the new homeowners the calendar year in which the taxable year Representatives to support this legislation as they fix up their new homes and get begins by substituting ‘2002’ for ‘1992’ in sub- and increase the number of new American settled in. paragraph (B) thereof, and

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‘‘(ii) the $6,000 amount under subparagraph ‘‘(4) EFFECT ON LEGAL RIGHTS AND OBLIGA- ‘‘(f) BASIS ADJUSTMENT.—For purposes of (A) shall be increased to twice the $3,000 TIONS.—Nothing in this subsection shall be this subtitle, if a credit is allowed under this amount, as adjusted under clause (i) for the construed to— section with respect to the purchase of any taxable year. ‘‘(A) require a lender to complete a loan residence, the basis of such residence shall be If the $3,000 amount as adjusted under clause transaction before the credit transfer reduced by the amount of the credit so al- (i) is not a multiple of $10, such amount shall amount has been transferred to the lender, lowed. be rounded to the nearest multiple of $10. or ‘‘(g) PROPERTY TO WHICH SECTION AP- ‘‘(2) TAXABLE INCOME LIMITATION.— ‘‘(B) prevent a lender from altering the PLIES.— ‘‘(A) IN GENERAL.—If the taxable income of terms of a loan (including the rate, points, ‘‘(1) IN GENERAL.—The provisions of this the taxpayer for any taxable year exceeds fees, and other costs) due to changes in mar- section apply to a principal residence if— the maximum taxable income in the table ket conditions or other factors during the ‘‘(A) the taxpayer purchases the residence under subsection (a), (b), (c), or (d) of section period of time between the application by on or after January 1, 2003, and before Janu- 1, whichever is applicable, to which the 25 the taxpayer for a credit transfer and the re- ary 1, 2010, or percent rate applies, the dollar amounts in ceipt by the lender of the credit transfer ‘‘(B) the taxpayer enters into, on or after effect under paragraph (1)(A)(i) for such tax- amount. January 1, 2003, and before January 1, 2010, a payer for the following taxable year shall be ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For binding contract to purchase the residence, reduced (but not below zero) by the amount purposes of this section— and purchases and occupies the residence be- of the excess. ‘‘(1) FIRST-TIME HOMEBUYER.— fore July 1, 2011.’’. ‘‘(A) IN GENERAL.—The term ‘first-time ‘‘(B) CHANGE IN RETURN STATUS.—In the (b) CONFORMING AMENDMENTS.— homebuyer’ has the same meaning as when case of married individuals filing a joint re- (1) Subsection (a) of section 1016 of the In- used in section 72(t)(8)(D)(i). turn for any taxable year who did not file ternal Revenue Code of 1986 (relating to gen- ‘‘(B) ONE-TIME ONLY.—If an individual is such a joint return for the preceding taxable eral rule for adjustments to basis) is amend- treated as a first-time homebuyer with re- year, subparagraph (A) shall be applied by ed by striking ‘‘and’’ at the end of paragraph spect to any principal residence, such indi- reference to the highest taxable income of (27), by striking the period at the end of vidual may not be treated as a first-time either such individual for the preceding tax- paragraph (28) and inserting ‘‘, and’’, and by homebuyer with respect to any other prin- able year. adding at the end the following new para- cipal residence. ‘‘(c) TRANSFER OF CREDIT.— graph: ‘‘(C) MARRIED INDIVIDUALS FILING JOINT- ‘‘(1) IN GENERAL.—A taxpayer may transfer ‘‘(29) in the case of a residence with respect LY.—In the case of married individuals who all or a portion of the credit allowable under to which a credit was allowed under section file a joint return, the credit under this sec- subsection (a) to 1 or more persons as pay- 36, to the extent provided in section 36(f).’’. tion is allowable only if both individuals are ment of any liability of the taxpayer arising (2) Section 1324(b)(2) of title 31, United first-time homebuyers. out of— States Code, is amended by striking ‘‘or’’ be- ‘‘(D) OTHER TAXPAYERS.—If 2 or more indi- ‘‘(A) the downpayment of any portion of fore ‘‘enacted’’ and by inserting before the viduals who are not married purchase a prin- the purchase price of the principal residence, period at the end ‘‘, or from section 36 of cipal residence— and such Code’’. ‘‘(i) the credit under this section is allow- ‘‘(B) closing costs in connection with the (c) CLERICAL AMENDMENT.—The table of able only if each of the individuals is a first- purchase (including any points or other fees sections for subpart C of part IV of sub- time homebuyer, and incurred in financing the purchase). chapter A of chapter 1 of the Internal Rev- ‘‘(ii) the amount of the credit allowed ‘‘(2) CREDIT TRANSFER MECHANISM.— enue Code of 1986 is amended by striking the under subsection (a) shall be allocated ‘‘(A) IN GENERAL.—Not less than 180 days item relating to section 36 and inserting the among such individuals in such manner as after the date of the enactment of this Act, following new items: the Secretary may prescribe, except that the the Secretary shall establish and implement total amount of the credits allowed to all ‘‘Sec. 36. Purchase of principal residence by a credit transfer mechanism for purposes of such individuals shall not exceed the amount first-time homebuyer.’’. paragraph (1). Such mechanism shall require in effect under subsection (b)(1)(A) for indi- the Secretary to— ‘‘Sec. 37. Overpayments of tax.’’. viduals filing joint returns. ‘‘(i) certify that the taxpayer is eligible to (d) EFFECTIVE DATE.—The amendments ‘‘(2) PRINCIPAL RESIDENCE.—The term ‘prin- receive the credit provided by this section cipal residence’ has the same meaning as made by this section shall apply to taxable with respect to the purchase of a principal when used in section 121. Except as provided years beginning after December 31, 2002. residence and that the transferee is eligible in regulations, an interest in a partnership, to receive the credit transfer, S corporation, or trust which owns an inter- By Mr. BYRD: ‘‘(ii) certify that the taxpayer has not re- est in a residence shall not be treated as an S. 1176. A bill to complete construc- ceived the credit provided by this section interest in a residence for purposes of this tion of the 13-State Appalachian devel- with respect to the purchase of any other paragraph. opment highway system, and for other principal residence, ‘‘(3) PURCHASE.— ‘‘(iii) certify the credit transfer amount purposes; to the Committee on Envi- ‘‘(A) IN GENERAL.—The term ‘purchase’ which will be paid to the transferee, and ronment and Public Works. means any acquisition, but only if— ‘‘(iv) require any transferee that directly Mr. BYRD. Mr. President, today I am ‘‘(i) the property is not acquired from a receives the credit transfer amount from the person whose relationship to the person ac- introducing legislation designed to ful- Secretary to notify the taxpayer within 14 quiring it would result in the disallowance of fill an important promise made by the days of the receipt of such amount. losses under section 267 or 707(b) (but, in ap- Federal Government to the people of Any check, certificate, or voucher issued by plying section 267 (b) and (c) for purposes of my State and my region some 38 years the Secretary pursuant to this paragraph this section, paragraph (4) of section 267(c) ago. I am speaking of the promise to shall include the taxpayer identification shall be treated as providing that the family build and complete a network of high- number of the taxpayer and the address of of an individual shall include only the indi- ways through the Appalachian region the principal residence being purchased. vidual’s spouse, ancestors, and lineal de- known today as the Appalachian Devel- ‘‘(B) TIMELY RECEIPT.—The Secretary shall scendants), and issue the credit transfer amount not less ‘‘(ii) the basis of the property in the hands opment Highway System or ADHS. I than 30 days after the date of the receipt of of the person acquiring it is not deter- look forward to working with my fel- an application for a credit transfer. mined— low Senators to have my legislation in- ‘‘(3) PAYMENT OF INTEREST.— ‘‘(I) in whole or in part by reference to the cluded in the measure to reauthorize ‘‘(A) IN GENERAL.—Notwithstanding any adjusted basis of such property in the hands the Federal-aid Highway Program, one other provision of this title, the Secretary of the person from whom acquired, or of the most important, if not the most shall pay interest on any amount which is ‘‘(II) under section 1014(a) (relating to important, pieces of legislation which not paid to a person during the 30-day period property acquired from a decedent). will be considered during this Congress. described in paragraph (2)(B). ‘‘(B) CONSTRUCTION.—A residence which is ‘‘(B) AMOUNT OF INTEREST.—Interest under constructed by the taxpayer shall be treated The Federal-aid Highway Program is at subparagraph (A) shall be allowed and paid— as purchased by the taxpayer. the very core of the Federal infrastruc- ‘‘(i) from the day after the 30-day period ‘‘(4) PURCHASE PRICE.—The term ‘purchase ture investment exercise. described in paragraph (2)(B) to the date pay- price’ means the adjusted basis of the prin- On September 30 of last year, our ment is made, and cipal residence on the date of acquisition very capable Federal Highway Admin- ‘‘(ii) at the overpayment rate established (within the meaning of section istrator, Ms. Mary Peters, testified be- under section 6621. 72(t)(8)(D)(iii)). fore the Committee on Environment ‘‘(C) EXCEPTION.—This paragraph shall not ‘‘(e) DENIAL OF DOUBLE BENEFIT.—No credit apply to failures to make payments as a re- shall be allowed under subsection (a) for any and Public Works on the condition and sult of any natural disaster or other cir- expense for which a deduction or credit is al- performance of our National Highway cumstance beyond the control of the Sec- lowed under any other provision of this chap- System. The Administration’s Condi- retary. ter. tions and Performance Report has

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7256 CONGRESSIONAL RECORD — SENATE June 3, 2003 again reminded us that a great deal with a transportation infrastructure of thority from the Highway Trust Fund more needs to be invested in our infra- dangerous, narrow, winding roads to the States for the construction of structure if we are not to fall further which follow the path of river valleys the ADHS. Up until that point, funding and further behind in stemming the de- and stream beds between mountains. for the Appalachian Development High- terioration of our nation’s highways These roads are still, more often than way System had been limited to uncer- and bridges and alleviating congestion not, two-lane roads that are squeezed tain and inconsistent general fund ap- on our nation’s roads. into very limited rights-of-way. They propriations. By provding the States of At the September 30 hearing, Admin- are characterized by low travel speeds the Appalachian Region with a con- istrator Peters testified that, even in and long travel distances and are often sistent and predictable source of funds the wake of the historic funding in- built to inadequate design standards. to move forward on its uncompleted crease accomplished through TEA–21, One of the observations contained in ADHS segments, TEA–21 served to re- congestion on our roads continues to Administrator Peters’ testimony back invigorate our efforts to honor the worsen. An investment in our highway in September that especially caught promise made to the people of the Ap- infrastructure by all levels of govern- my eye was her statement that ‘‘the palachian Region. ment will have to increase by more condition of higher-order roads, such as As is made clear in the Cost to Com- than 65 percent or $42.2 billion per year interstates, has improved considerably plete Report, this initiative has been a to actually improve the condition of since 1993 while the condition on many great success. States are making great- our nation’s highways. A funding in- lower-order roads has deteriorated.’’ It er progress toward the completion of crease of more than 17 percent or $11.3 appears that the pattern of road condi- the system than they have in any five- billion will be necessary simply to tions is beginning to mirror the dis- year segment in recent memory. Since maintain the current inadequate condi- tribution of wealth in our country, the last Cost to Complete Report, 183 tions of our highway network, where whereby the rich are getting richer miles of the system have been opened more than one in four of our nation’s while the poor get poorer. That obser- to traffic and we have successfully bridges are classified as deficient. vation is most pertinent when you con- brought down the cost to complete the Having served as both Chairman and sider the challenge of completing the system by roughly $1.7 billion in Fed- Ranking Member of the Senate Appro- Appalachian Development Highway eral funds. Back when we were debating TEA–21, priations Committee, I have sought to System. do my part by championing the highest We have virtually completed the con- some questions were asked as to how level of Federal highway investment struction of the Interstate Highway committed the States would be to com- for all fifty States that is possible System and have moved on to many pleting the unfinished segments to the under our budget constraints. Earlier other important transportation goals. Appalachian Development Highway this year, I am pleased to report that However, the people of my region are System. I am pleased to report that the the Senate prevailed in the conference still waiting for the Federal Govern- 13 States, to date, have succeeded in obligating just under 90 percent of the with the House on the Omnibus Appro- ment to live up to its promise, made obligation authority that has been priations Bill for Fiscal Year 2003 and some 38 years ago, to complete the granted to them for the completion of rejected every penny of the $8.6 billion ADHS. The system is still less than 80 the system. A 90-percent obligation cut in highway funding proposed by percent complete and I regret to ob- rate compares quite favorably to some President Bush. And just last month, I serve that my home State of West Vir- of the other transportation programs was pleased to join with Senators BOND ginia is below the average for the en- through which the States were granted and REID, the respective Chairman and tire Appalachian Region with only 72 multiple years to obligate their funds. Ranking Member of the Surface Trans- percent of its mileage complete and According to the ARC’s Cost to Com- portation Subcommittee, in sponsoring open to traffic. plete Report, the remaining Federal The rationale behind the completion a bipartisan amendment to the Budget funds needed to complete the ADHS are Resolution for Fiscal Year 2004 that of the Appalachian Development High- now estimated to be $4.467 billion. boosted funding for our Federal-aid way System is no less sound today When adjusted for inflation over the Highway Program by several billion than it was in 1964. Unfortunately, life of the next highway bill, using the dollars. That amendment commanded there are still children in Appalachia standard inflation calculation for high- 79 votes on the Senate floor. who lack decent transportation routes way projects, a total of $5.04 billion While serving in the other body, I to school; and there are still pregnant will need to be authorized to complete had the great privilege of casting my mothers, elderly citizens and others the system. That is a lot of money and vote in favor of establishing the Inter- who lack timely road access to area I believe that figure deserves some ex- state highway System back in 1958. hospitals. There are thousands upon planation. However, in 1964, it was recognized by thousands of people who cannot obtain The considerable cost of completing the first Appalachian Regional Com- sustainable well-paying jobs because of the last 20 percent of the ADHS is ex- mission that while the Interstate High- poor road access to major employment plained by the fact that the easiest seg- way System was slated to provide his- centers. The entire status of the Appa- ments of the system to build have al- toric economic benefits to most of our lachian Development Highway System ready been built. Much of the costs as- Nation, the system was designed to by- is laid out in great detail in the Cost to sociated with completing the most dif- pass the Appalachian Region due to the Complete Report for 2002 recently com- ficult unfinished segments are driven extremely high cost associated with pleted by the Appalachian Regional by the requirement to comply with building Highways through Appa- Commission. This is the most com- other Federal laws, especially the laws lachia’s rugged topography. As a re- prehensive report on the status of the requiring environmental mitigation sult, the construction of the inter- Appalachian Development Highway measures when building new highways states would have had the detrimental System to date and I commend the through rural areas. While the $5.04 bil- effect of drawing passengers and staff of the Appalachian Regional Com- lion figure may seem large to some of freight, and the accompanying eco- mission for their hard work on this re- my colleagues, I would remind them nomic benefits, away from the Appa- port. The last report was completed in the last highway bill authorized more lachian Region. 1997 just prior to Congressional consid- than $218 billion in federal infrastruc- In 1965, the Congress adopted the Ap- eration of TEA–21. ture investment over six years. It is palachian Regional Development Act The enactment of TEA–21 signaled a my sincere hope and expectation that that promised a network of modern new day in the advancement of the Ap- the next highway bill will authorize an highways to connect the Appalachian palachian Development Highway Sys- even greater amount. Region to the rest of the Nation’s high- tem. Through the work of the Com- Of critical importance to this debate way network and, even more impor- mittee on Environment and Public is the fact that the unfinished seg- tantly, the rest of the Nation’s econ- Works, the House Transportation and ments of the ADHS represent some of omy. Absent the Appalachian Develop- Infrastructure Committee, and the Ad- most dangerous and most deficient ment Highway System, my region of ministration, we took a great leap for- roadways in our entire Nation. Often the country would have been left solely ward by authorizing direct contract au- lost in our debate over the necessity to

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7257 invest in our highways is the issue of gress. As I look back over the many Members of an organized crime syn- safety. The Federal Highway Adminis- years of my public career, one of the dicate arrested in Charlotte, NC last tration has published reports indi- accomplishments of which I am most year for smuggling contraband ciga- cating that substandard road condi- proud was my amendment providing an rettes from North Carolina to Michigan tions are a factor in 30 percent of all additional $8 billion in funding to were also using their illegal profits to fatal highway accidents. I am quite break the logjam during the debate on aid Hezbollah, according to the Char- certain that the percentage is a great the Intermodal Surface Transportation lotte Observer. The Buffalo News re- deal higher in the Appalachian Region. Efficiency Act in 1991. Another was my ported that one of the members of the The Federal Highway Administration sponsorship of the Byrd-Gramm-Bau- Charlotte syndicate, Mohamad found that upgrading two-lane roads to cus-Warner Amendment during the Hammoud, allegedly has ties to a re- four-lane divided highways decreased Senate debate of TEA–21 in 1998. That cently arrested Detroit-area syndicate, fatal car accidents by 71 percent and effort resulted in some $26 billion in which includes two women from the that the widening of traffic lanes has funding being added to that bill and Seneca Nation of Indians’ Cattaraugus served to reduce fatalities by 21 per- put us on a path to historic funding in- reservation. Because the syndicate cent. These are precisely the kind of creases for our nation’s highway infra- transported the cigarettes from North road improvements that are funded structure. I look forward again to Carolina to Michigan for resale, Michi- through the ADHS. In my state, the working with my fellow Senators on gan lost $12.50 per carton in sales and largest segment of unfinished Appa- completion of a bill that makes the excise taxes. These examples illustrate lachian Highway, if completed, will re- necessary investments in our nation’s that cigarette smuggling is not only a place the second most dangerous seg- highways, not just in the Appalachian lucrative business for organized crime ment of roadway in West Virginia. So, Region, but across our entire country. but also detrimental to the budgets of even those who would question the wis- many states. dom of completing these highways in By Mr. HATCH (for himself and the name of economic development Mr. KOHL): The PACT Act attacks the problem should take a hard look at the fact S. 1177. A bill to ensure the collection of illegal cigarette trafficking by these that the people of rural Appalachia are of all cigarette taxes, and for other organized crime syndicates through its taking their lives in their hands every purposes; to the Committee on the Ju- strengthening of the Jenkins Act of day as they drive on dangerous roads. diciary. 1949, 15 U.S.C. §§ 375–378, 2003. In its cur- It is time for this Congress, in con- Mr. HATCH. Mr. President, I rise rent form, the Jenkins Act requires to- cert with the Administration, to take today, with my colleague Senator bacco vendors to register with each the last great leap forward and author- Kohl, to introduce S. 1177, the Prevent State tax administrator in which they ize sufficient contract authority to fi- All Cigarette Trafficking, PACT Act of sell cigarettes, as well as file a month- nally complete the Appalachian Devel- 2003. I do so because of my concern that ly report that provides shipment infor- opment Highway System. If we enact contraband cigarettes contribute heav- mation within each State. Failure to another six-year highway bill with suf- ily to the profits of organized crime do so is a misdemeanor. Compliance ficient funds to complete the system, syndicates, specifically global terrorist with this statute enables States to col- we will finally pay the full costs of the organizations. Furthermore, illegal lect cigarette excise, sales and use ADHS almost 45 years after the system cigarette trafficking has had a dam- taxes from consumers. This legislation, was first promised to the people of my aging impact on the economies of nu- which the distinguished Senator from region. The legislation I am intro- merous States. Wisconsin and I are introducing, ducing today, the ‘‘Appalachian Devel- Organized crime syndicates typically strengthens the Act by increasing the opment Highway System Completion purchase cigarettes in States with low reporting requirements first estab- Act,’’ will provide sufficient contract taxes and transport the product into lished under Jenkins, expressly includ- authority to complete the system. Im- states wit high taxes to illegally sell to ing cigarette orders placed through the portantly, it will guarantee that the small retailers below market costs. Internet, lowering the threshold for states of the Appalachian Region do The Internet has exacerbated this prob- cigarettes to be treated as contraband not pay a penalty, either through the lem. Frequently, these syndicates from 60,000 to 10,000, increasing the distribution of minimum allocation produce counterfeit State and city tax criminal penalty for violating the Act funds, or the distribution of obligation stamps in order to make it less risky to a felony and creating a substantial limitation, for receiving sufficient for these small retailers to sell them to civil penalty. funds to complete the Appalachian sys- consumers. For example, Virginia has a The PACT Act will also provide State per pack tax of 2.5 cents, while New tem. attorneys general with the option to I am very pleased that this Adminis- York City has a per pack tax of $3. Or- bring actions in federal court, which is tration has taken on the goal of com- ganized crime syndicates, such as those a tool desired by many states. Accord- pleting the ADHS. In her letter accom- affiliated with the Lebanon-based tering to a GAO report from last year on panying the Cost to Complete Report, rorist organization, Hezbollah, have Internet cigarette sales, online ciga- Administrator Peters said ‘‘the com- been known to purchase and transport rette sellers simply do not comply with pletion of the ADHS is an important cigarettes in tractor-trailers up Inter- the Jenkins Act requirements—in fact part of the mission of the Federal state 95 from Virginia to New York for most of them defiantly state that they Highway Administration. We consider resale. As one can easily see, a State do not comply with the Jenkins Act. the accessibility, mobility and eco- such as New York is losing millions of nomic stimulation provided by the dollars in revenue each year because of Many State attorneys general realize ADHS to be entirely consistent with unpaid taxes on these contraband ciga- that this practice is unfair not only to the goals of our agency.’’ Ms. Peters rettes, while terrorist organizations their individual States, but also to the further stated that the Appalachian are making millions in profits. brick and mortar retailers located in Regional Commission’s 2002 Cost to Recent articles in the Washington their state, placing these businesses at Complete Report, ‘‘provides a sound Post and New York Post revealed that an unfair commercial disadvantage. basis for apportioning future funding a cigarette-smuggling ring, which al- Providing these state attorneys gen- to complete the system.’’ I thank Mary legedly purchased over 70,000 cartons eral with the ability to bring actions Peters and the entire Federal Highway from undercover Federal agents in a against these out-of-state Internet ven- Administration for their leadership on sting operation last fall, does in fact dors for lost revenue is crucial in lev- this issue and I look forward to work- have ties to Hezbollah. If this group eling the playing field and collecting ing with Ms. Peters and her agency to had been successful in its racketeering the rightful revenue for states like ensure that this commitment is borne scheme, it would have amounted to a Washington, California, New York, out in the transportation reauthoriza- loss of nearly $2.4 million in tax rev- Wisconsin, Michigan and Rhode Island. tion legislation that is developed by enue for New York and millions in I ask my colleagues to join Senator the Congress. profits for Hezbollah, allowing this or- KOHL and me in our efforts to help stop Completion of a new highway bill ganization to finance their terrorist ac- the funding of global terrorist organi- will be a mammoth task for this Con- tivities. zations and ensure that States are able

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7258 CONGRESSIONAL RECORD — SENATE June 3, 2003 to recover lost revenue by co-spon- and invites them to the United States Cap- come before you today. I come in sup- soring and supporting the PACT Act of itol Building to be honored; port of a resolution submitted by Mr. 2003. (3) requests that the President recognize ALLEN and myself commemorating the the achievements of the University of Vir- University of Virginia Men’s Lacrosse f ginia men’s lacrosse team and invite them to Team, who defeated Johns Hopkins SUBMITTED RESOLUTIONS the White House for an appropriate ceremony honoring a National Champion team; University for the 2003 NCAA National and Championship last Monday. I would SENATE RESOLUTION 158—COM- (4) directs the Secretary of the Senate to— like to congratulate the head coach, MENDING THE UNIVERSITY OF (A) make available enrolled copies of this Mr. Dom Starsia, his staff and the 41 VIRGINIA CAVALIERS MEN’S LA- resolution to the University of Virginia for young men on the UVA lacrosse team CROSSE TEAM FOR WINNING THE appropriate display; and for a job well-done. The Cavaliers fin- (B) transmit an enrolled copy of this reso- 2003 NCAA DIVISION I MEN’S LA- ished the season with an impressive lution to each coach and member of the 2003 record of 15 wins and 2 losses and had 8 CROSSE CHAMPIONSHIP NCAA Division I men’s lacrosse national players receive All-American Honors. Mr. ALLEN (for himself, and Mr. championship team. Goalie, Tillman Johnson, received WARNER) submitted the following reso- Mr. ALLEN. Mr. President, today I Most Outstanding Player honors for lution; which was referred to the Com- congratulate the University of Virginia leading Virginia to victories over the mittee on the Judiciary: Men’s Lacrosse team for their victory University of Maryland and Johns Hop- S. RES. 158 in the NCAA Division 1 men’s lacrosse kins University during the NCAA tour- championship with a 9 to 7 victory over Whereas the students, alumni, faculty, and nament. These student-athletes de- supporters of the University of Virginia are the previously top-ranked Johns Hop- serve this chamber’s recognition for to be congratulated for their commitment kins University and submit a resolu- their commitment to excellence and pride in their National Champion men’s tion expressing the congratulations of through their dedication to the UVA lacrosse team; the United States Senate to these lacrosse team and the academic rigors Whereas in 2003, the University of Virginia young men. claimed its second National Championship in The University of Virginia Cavaliers of the University of Virginia during 5 years, with an overall season of 15 and 2; this successful season. The people of Whereas the Cavaliers won the NCAA first Lacrosse Team captured their second National Championship title in five Virginia take great pride in their state round 19 to 8 against Mount St. Mary’s, beat colleges and universities, and the suc- Georgetown 12 to 7 in the Quarterfinals, and years, finishing the 2003 season with a cess of the University of Virginia la- Maryland 14 to 4 in the Semifinals; record of 15 wins and 2 losses, a univer- Whereas the University of Virginia Cava- sity record. Head Coach Don Starsia crosse team is a testament to the great liers won the championship game by defeat- has coached the men’s lacrosse team accomplishments, both in the class- ing the Johns Hopkins Blue Jays 9 to 7; for the past 11 years and each year has room and on the athletic field, made by Whereas the University of Virginia team led the team to the NCAA tournament; Virginia schools during the past year. was led by A.J. Shannon with 4 goals, John The players follow: Mike Abbott, An- also a university record. Christmas with 2 goals, and received out- drew Agoliati, Jimmy Barter, Ryan standing effort and support from Chris As a Cavalier myself, I want to express the pride felt by all students, fac- Binder, Ned Bowen, Doug Brody, Pat- Rotelli and Billy Glading, while goalie Till- rick Buchanan, David Burman, John man Johnson had 13 saves and was selected ulty and alumni of the University of Most Outstanding Player of the champion- Virginia at this tremendous accom- Christmas, Michael Culver, Jack ship game; plishment by the men’s lacrosse team. deVilliers, Kyl Dixon, Andrew Faraone, Whereas every player on the Cavalier team Coach Starsia and his coaching staff; Jon Focht, Newton Gentry, Foster Gil- contributed to their success in this cham- Marc Van Arsdale, David Curry and bert, Brendan Gill, Billy Glading, Char- pionship season and they are Mike Abbott, lie Glazer, Zach Heffner, Brett Hughes, Andrew Agoliati, Jimmy Barter, Ryan Bind- Hannon Wright, deserve much of the credit for the accomplishment of these Tillman Johnson, Hunter Kass, Nathan er, Ned Bowen, Doug Brody, Patrick Kenney, Ted Lamade, Jared Little, Buchanan, David Burman, Michael Culver, student athletes and should also be Jack deVilliers, Kyle Dixon, Andrew commended. Kevin McGrath, J.J. Morissey, Justin Faraone, Jon Focht, Newton Gentry, Foster The members of the University of Mullen, Chris Ourisman, Matt Paquet, Gilbert, Brendan Gill, Charlie Glazer, Zach Virginia 2003 Men’s Lacrosse team have Matt Poskey, Derrick Preuss, Chris Heffner, Brett Hughes, Hunter Kass, Nathan indeed made their university proud and Rotelli, A.J. Shannon, Hatcher Snead, Kenney, Ted Lamade, Jared Little, Kevin should be applauded for their leader- Calvin Sullivan, Ryan Thompson, Matt McGrath, J.J. Morrissey, Justin Mullen, Ward, Trey Whitty, Joe Yevoli. Chris Ourisman, Matt Paquet, Matt Poskay, ship, both on and off the playing field. I congratulate Mike Abbott, Andrew The coaches follow: Dom Starsia, Derrick Preuss, Hatcher Snead, Calvin Sul- David Curry, Marc Van Arsdale, livan, Ryan Thompson, Matt Ward, Trey Agoliati, Jimmy Barter, Ryan Binder, Whitty, Joe Yevoli, trainer Katie Serenelli, Ned Bowen, Dough Brody, Patrick Hannon Wright. the team doctor, Dan Mistry, and manager Buchanan, David Burman, John Christ- f Kristin Madl. mas, Michael Culver, Jack deVilliers, AMENDMENTS SUBMITTED & Whereas Head Coach Dom Starsia has Kyle Dixon, Andrew Faraone, Jon PROPOSED coached the University of Virginia men’s la- Focht, Newton Gentry, Foster Gilbert, crosse team for 11 years, and has led the Uni- SA 843. Mrs. FEINSTEIN proposed an versity of Virginia men’s lacrosse team to Brendan Gill, Billy Glading, Charlie amendment to amendment SA 539 proposed the NCAA Tournament for a university- Glazer, Zach Heffner, Brett Hughes, by Mr. FRIST (for himself, Mr. DASCHLE, Mr. record 11th consecutive time; Tilman Johnson, Hunter Kass, Nathan INHOFE, Mr. DORGAN, Mr. LUGAR, Mr. JOHN- Whereas Coach Starsia has led the team to Kenney, Ted Lamade, Jared Little, SON, Mr. GRASSLEY, Mr. HARKIN, Mr. HAGEL, a school record 15 wins this season; Kevin McGrath, J.J. Morrissey, Justin Mr. DURBIN, Mr. VOINOVICH, Mr. NELSON of Whereas Coach Starsia is 1 of only 3 coach- Mullen, Chris Ourisman, Matt Paquet, Nebraska, Mr. TALENT, Mr. DAYTON, Mr. es in college lacrosse history to win 100 Matt Poskay, Derrick Preuss, Chris COLEMAN, Mr. EDWARDS, Mr. CRAPO, Mr. CON- games at 2 different colleges: the University Rotelli, A.J. Shannon, Hatcher Snead, RAD, Mr. DEWINE, and Mr. BAUCUS) to the bill of Virginia and Brown University; and S. 14, to enhance the energy security of the Whereas Coach Starsia and his coaching Calvin Sullivan, Ryan Thompson, Matt United States, and for other purposes. staff, including Assistant Coaches David Ward, Trey Whitty, Joe Yevoli, trainer SA 844. Mrs. FEINSTEIN (for herself, Mr. Curry, Marc Van Arsdale, and Hannon Katie Serenelli, the team doctor, Dan NICKLES, Mr. MCCAIN, Mr. KYL, Mr. GREGG, Wright deserve much credit for the out- Mistry, and manager Kristin Madl for Mr. WYDEN, Mr. LEAHY, Mr. SCHUMER, Mr. standing determination and accomplish- their accomplishments. SUNUNU, and Mr. REED) proposed an amendments of their young team: Now, therefore, I hope my colleagues will join with ment to amendment SA 539 proposed by Mr. be it Senator WARNER and me to pass this FRIST (for himself, Mr. DASCHLE, Mr. INHOFE, Resolved, That the Senate— Resolution recognizing the National Mr. DORGAN, Mr. LUGAR, Mr. JOHNSON, Mr. (1) congratulates the University of Vir- GRASSLEY, Mr. HARKIN, Mr. HAGEL, Mr. DUR- Champion University of Virginia Men’s ginia men’s lacrosse team for winning the BIN, Mr. VOINOVICH, Mr. NELSON of Nebraska, 2003 NCAA Division I Men’s Lacrosse Na- Lacrosse team. Mr. TALENT, Mr. DAYTON, Mr. COLEMAN, Mr. tional Championship; Mr. WARNER. Mr. President, it is EDWARDS, Mr. CRAPO, Mr. CONRAD, Mr. (2) recognizes the achievements of all the with great pride that I, along with my DEWINE, and Mr. BAUCUS) to the bill S. 14, team’s players, coaches, and support staff, colleague from Virginia, Mr. ALLEN, supra.

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SA 845. Mr. BINGAMAN (for Mrs. LINCOLN) through the Department of Veterans Affairs– SEC. 1039. SENSE OF SENATE ON RECONSIDER- proposed an amendment to amendment SA Department of Defense Joint Executive Com- ATION OF DECISION TO TERMINATE 539 proposed by Mr. FRIST (for himself, Mr. mittee, conduct a program to develop and BORDER SEAPORT INSPECTION DU- TIES OF NATIONAL GUARD UNDER DASCHLE, Mr. INHOFE, Mr. DORGAN, Mr. evaluate integrated healing care practices NATIONAL GUARD DRUG INTERDIC- LUGAR, Mr. JOHNSON, Mr. GRASSLEY, Mr. for members of the Armed Forces and vet- TION AND COUNTER-DRUG MISSION. HARKIN, Mr. HAGEL, Mr. DURBIN, Mr. VOINO- erans. (a) FINDINGS.—The Senate makes the fol- (2) Amounts authorized to be appropriated VICH, Mr. NELSON of Nebraska, Mr. TALENT, lowing findings: by section 301(21) for the Defense Health Pro- Mr. DAYTON, Mr. COLEMAN, Mr. EDWARDS, Mr. (1) The counter-drug inspection mission of gram may be available for the program CRAPO, Mr. CONRAD, Mr. DEWINE, and Mr. the National Guard is highly important to under paragraph (1). BAUCUS) to the bill S. 14, supra. preventing the infiltration of illegal nar- SA 846. Mr. FITZGERALD (for Mr. GREGG) SA 830. Mr. WARNER (for Mrs. cotics across United States borders. proposed an amendment to the bill S. 313, to (2) The expertise of members of the Na- HUTCHISON) proposed an amendment to amend the Federal Food, Drug, and Cosmetic tional Guard in vehicle inspections at United Act to establish a program of fees relating to the bill S. 1050, to authorize appropria- States borders have made invaluable con- animal drugs. tions for fiscal year 2004 for military tributions to the identification and seizure f activities of the Department of De- of illegal narcotics being smuggled across TEXT OF AMENDMENTS—May 22, fense, for military construction, and United States borders. (3) The support provided by the National 2003 for defense activities of the Depart- ment of Energy, to prescribe personnel Guard to the Customs Service and the Bor- SA 813. Mr. WARNER (for Mr. SPEC- strengths for such fiscal year for the der Patrol has greatly enhanced the capa- TER) proposed an amendment to the Armed Forces, and for other purposes; bility of the Customs Service and the Border bill S. 1050, to authorize appropriations Patrol to perform counter-terrorism surveil- as follows: lance and other border protection duties. for fiscal year 2004 for military activi- On page 71, strike lines 12 through 21, and ties of the Department of Defense, for (b) SENSE OF SENATE.—It is the sense of the insert the following: Senate that the Secretary of Defense should military construction, and for defense (d) AVAILABILITY OF FUNDS FOR LOCAL EDU- reconsider the decision of the Department of activities of the Department of Energy, CATIONAL AGENCIES AFFECTED BY THE BROOKS Defense to terminate the border inspection to prescribe personnel strengths for AIR FORCE BASE DEMONSTRATION PROJECT.— and seaport inspection duties of the National such fiscal year for the Armed Forces, (1) Up to $500k of the funds made available Guard as part of the drug interdiction and and for other purposes; as follows: under subsection (a) may (notwithstanding counter-drug mission of the National Guard. the limitation in such subsection) also be At the appropriate place, insert the fol- used for making basic support payments for f lowing new section: fiscal year 2004 to a local educational agency TEXT OF AMENDMENTS—June 3, SEC. ll. AIR FARES FOR MEMBERS OF ARMED that received a basic support payment for FORCES. fiscal year 2003, but whose payment for fiscal 2003 It is the sense of the Senate that each year 2004 would be reduced because of the SA 843. Mrs. FEINSTEIN proposed an United States air carrier should— conversion of Federal property to non-Fed- (1) make every effort to allow active duty amendment to amendment SA 539 pro- eral ownership under the Department of De- posed by Mr. FRIST (for himself, Mr. members of the armed forces to purchase fense infrastructure demonstration project DASCHLE, Mr. INHOFE, Mr. DORGAN, Mr. tickets, on a space-available basis, for the at Brooks Air Force Base, Texas, and the lowest fares offered for the flights desired, amounts of such basic support payments for LUGAR, Mr. JOHNSON, Mr. GRASSLEY, without regard to advance purchase require- fiscal year 2004 shall be computed as if the Mr. HARKIN, Mr. HAGEL, Mr. DURBIN, ments and other restrictions; and converted property were Federal property for Mr. VOINOVICH, Mr. NELSON of Ne- (2) offer flexible terms that allow members purposes of receiving the basic support pay- braska, Mr. TALENT, Mr. DAYTON, Mr. of the armed forces on active duty to pur- ments for the period in which the demonstra- COLEMAN, Mr. EDWARDS, Mr. CRAPO, chase, modify, or cancel tickets without tion project is ongoing, as documented by time restrictions, fees, or penalties. Mr. CONRAD, Mr. DEWINE, and Mr. BAU- the local educational agency to the satisfac- CUS) to the bill S. 14, to enhance the tion of the Secretary. SA 814. Mr. WARNER (for Mr. CHAM- (2) If funds are used as authorized under energy security of the United States, BLISS) proposed an amendment to the paragraph (1), the Secretary shall reduce the and for other purposes; as follows: bill S. 1050, to authorize appropriations amount of any basic support payment for fis- On page 12, strike lines 19 through 24 and for fiscal year 2004 for military activi- cal year 2004 for a local educational agency insert the following: ties of the Department of Defense, for described in paragraph (1) by the amount of ‘‘(i) based on a determination by the Ad- military construction, and for defense any revenue that the agency received during ministrator, after public notice and oppor- activities of the Department of Energy, fiscal year 2002 from the Brooks Develop- tunity for comment, that implementation of ment Authority as a result of the demonstra- the renewable fuel requirement— to prescribe personnel strengths for tion project described in paragraph (1). ‘‘(I) is not needed for the State or region to such fiscal year for the Armed Forces, (e) DEFINITIONS.—In this section: comply with this Act because the State or and for other purposes; as follows: (1) The term ‘‘educational agencies assist- region can comply in ways other than adding At the end of subtitle B of title II, add the ance’’ means assistance authorized under renewable fuel; or following: section 386(b) of the National Defense Au- ‘‘(II) would harm the economy or environ- SEC. 213. MODIFICATION OF PROGRAM ELEMENT thorization Act for Fiscal Year 1993 (Public ment of a State, a region, or the United OF SHORT RANGE AIR DEFENSE Law 102–484; 20 U.S.C. 7703 note). States; or’’. RADAR PROGRAM OF THE ARMY. (2) The term ‘‘local educational agency’’ The program element of the short range has the meaning given that term in section SA 844. Mrs. FEINSTEIN (for herself, air defense radar program of the Army may 8013(9) of the Elementary and Secondary Mr. NICKLES, Mr. MCCAIN, Mr. KYL, Mr. be modified from Program Element 602303A Education Act of 1965 (20 U.S.C. 7713(9)). GREGG, Mr. WYDEN, Mr. LEAHY, Mr. (3) The term ‘‘basic support payment’’ (Missile Technology) to Program Element SCHUMER, Mr. SUNUNU, and Mr. REED) means a payment authorized under section 603772A (Advanced Tactical Computer proposed an amendment to amendment Science and Sensor Technology). 8003(b(1)) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(1)). SA 539 proposed by Mr. FRIST (for him- SA 815. Mr. LEVIN (for Ms. MIKULSKI) self, Mr. DASCHLE, Mr. INHOFE, Mr. proposed an amendment to the bill S. SA 831. Mr. WARNER (for Mr. DORGAN, Mr. LUGAR, Mr. JOHNSON, Mr. 1050, to authorize appropriations for DOMENICI (for himself, Mr. MCCAIN, Mr. GRASSLEY, Mr. HARKIN, Mr. HAGEL, Mr. fiscal year 2004 for military activities NELSON of Florida, and Mr. CORNYN)) DURBIN, Mr. VOINOVICH, Mr. NELSON of of the Department of Defense, for mili- proposed an amendment to the bill S. Nebraska, Mr. TALENT, Mr. DAYTON, tary construction, and for defense ac- 1050, to authorize appropriations for Mr. COLEMAN, Mr. EDWARDS, Mr. tivities of the Department of Energy, fiscal year 2004 for military activities CRAPO, Mr. CONRAD, Mr. DEWINE, and to prescribe personnel strengths for of the Department of Defense, for mili- Mr. BAUCUS) to the bill S. 14, to en- such fiscal year for the Armed Forces, tary construction, and for defense ac- hance the energy security of the and for other purposes; as follows: tivities of the Department of Energy, United States, and for other purposes; On page 169, between lines 5 and 6, insert to prescribe personnel strengths for as follows: the following: such fiscal year for the Armed Forces, On page 6, between lines 17 and 18, insert (d) INTEGRATED HEALING CARE PRACTICES.— and for other purposes; as follows: the following: (1) The Secretary of Defense and the Sec- At the end of subtitle D of title X, add the ‘‘(C) ELECTION BY STATES.—The renewable retary of Veterans Affairs may, acting following: fuel program shall apply to a State only if

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7260 CONGRESSIONAL RECORD — SENATE June 3, 2003 the Governor of the State notifies the Ad- importation of a net built-in loss in a trans- ‘‘(2) any amount not allocable to stock by ministrator that the State elects to partici- action if the transferee’s aggregate adjusted reason of paragraph (1) shall be allocated pate in the renewable fuel program. bases of property described in subparagraph under subsection (a) to other partnership (B) which is transferred in such transaction property. SA 845. Mr. BINGAMAN (for Mrs. would (but for this paragraph) exceed the Gain shall be recognized to the partnership LINCOLN) proposed an amendment to fair market value of such property imme- to the extent that the amount required to be amendment SA 539 proposed by Mr. diately after such transaction.’’. allocated under paragraph (2) to other part- FRIST (for himself, Mr. DASCHLE, Mr. ‘‘(2) LIMITATION ON TRANSFER OF BUILT-IN nership property exceeds the aggregate ad- INHOFE, Mr. DORGAN, Mr. LUGAR, Mr. LOSSES IN SECTION 351 TRANSACTIONS.— justed basis of such other property imme- JOHNSON, Mr. GRASSLEY, Mr. HARKIN, ‘‘(A) IN GENERAL.—If— diately before the allocation required by Mr. HAGEL, Mr. DURBIN, Mr. VOINOVICH, ‘‘(i) property is transferred by a transferor paragraph (2).’’. in any transaction which is described in sub- (b) EFFECTIVE DATE.—The amendment Mr. NELSON of Nebraska, Mr. TALENT, section (a) and which is not described in made by this section shall apply to distribu- Mr. DAYTON, Mr. COLEMAN, Mr. paragraph (1) of this subsection, and tions after February 13, 2003. EDWARDS, Mr. CRAPO, Mr. CONRAD, Mr. ‘‘(ii) the transferee’s aggregate adjusted SEC. ll. REPEAL OF SPECIAL RULES FOR DEWINE, and Mr. BAUCUS) to the bill S. bases of such property so transferred would FASITS. 14, to enhance the energy security of (but for this paragraph) exceed the fair mar- (a) IN GENERAL.—Part V of subchapter M of the United States, and for other pur- ket value of such property immediately after chapter 1 of the Internal Revenue Code of poses; as follows: such transaction, 1986 (relating to financial asset At the end of the amendment, insert the then, notwithstanding subsection (a), the securitization investment trusts) is hereby following: transferee’s aggregate adjusted bases of the repealed. property so transferred shall not exceed the SEC. ll. ACCELERATION OF INCREASE IN (b) CONFORMING AMENDMENTS.— REFUNDABILITY OF THE CHILD TAX fair market value of such property imme- (1) Paragraph (6) of section 56(g) of the In- CREDIT. diately after such transaction. ternal Revenue Code of 1986 is amended by (a) ACCELERATION OF REFUNDABILITY.— ‘‘(B) ALLOCATION OF BASIS REDUCTION.—The striking ‘‘REMIC, or FASIT’’ and inserting (1) IN GENERAL.—Section 24(d)(1)(B)(i) of aggregate reduction in basis by reason of ‘‘or REMIC’’. the Internal Revenue Code of 1986 (relating subparagraph (A) shall be allocated among (2) Clause (ii) of section 382(l)(4)(B) of such to portion of credit refundable) is amended the property so transferred in proportion to Code is amended by striking ‘‘a REMIC to by striking ‘‘(10 percent in the case of tax- their respective built-in losses immediately which part IV of subchapter M applies, or a able years beginning before January 1, before the transaction. FASIT to which part V of subchapter M ap- 2005)’’. ‘‘(C) EXCEPTION FOR TRANSFERS WITHIN AF- plies,’’ and inserting ‘‘or a REMIC to which (2) EFFECTIVE DATE.—The amendment FILIATED GROUP.—Subparagraph (A) shall not part IV of subchapter M applies,’’. made by this subsection shall apply to tax- apply to any transaction if the transferor (3) Paragraph (1) of section 582(c) of such able years beginning after December 31, 2002. owns stock in the transferee meeting the re- Code is amended by striking ‘‘, and any reg- (b) ADVANCE PAYMENT.— quirements of section 1504(a)(2). In the case ular interest in a FASIT,’’. (1) IN GENERAL.—Subsection (b) of section of property to which subparagraph (A) does (4) Subparagraph (E) of section 856(c)(5) of 6429 of the Internal Revenue Code of 1986 (re- not apply by reason of the preceding sen- such Code is amended by striking the last lating to advance payment of portion of in- tence, the transferor’s basis in the stock re- sentence. creased child credit for 2003) is amended by ceived for such property shall not exceed its (5) Paragraph (5) of section 860G(a) of such striking ‘‘and’’ at the end of paragraph (2), fair market value immediately after the Code is amended by adding ‘‘and’’ at the end by striking the period at the end of para- transfer.’’. of subparagraph (B), by striking ‘‘, and’’ at graph (3) and inserting ‘‘, and’’, and by add- (b) COMPARABLE TREATMENT WHERE LIQ- the end of subparagraph (C) and inserting a ing at the end the following new paragraph: UIDATION.—Paragraph (1) of section 334(b) of period, and by striking subparagraph (D). ‘‘(4) section 24(d)(1)(B)(i) applied without the Internal Revenue Code of 1986 (relating (6) Subparagraph (C) of section 1202(e)(4) of regard to the parenthetical therein.’’. to liquidation of subsidiary) is amended to such Code is amended by striking ‘‘REMIC, read as follows: (2) EFFECTIVE DATE.—The amendments or FASIT’’ and inserting ‘‘or REMIC’’. ‘‘(1) IN GENERAL.—If property is received by made by this subsection shall take effect as (7) Subparagraph (C) of section 7701(a)(19) a corporate distributee in a distribution in a if included in the amendments made by sec- of such Code is amended by adding ‘‘and’’ at complete liquidation to which section 332 ap- tion 101(b) of the Jobs and Growth Tax Relief the end of clause (ix), by striking ‘‘, and’’ at plies (or in a transfer described in section Reconciliation Act of 2003. the end of clause (x) and inserting a period, 337(b)(1)), the basis of such property in the SEC. ll. LIMITATION ON TRANSFER OR IMPOR- and by striking clause (xi). hands of such distributee shall be the same TATION OF BUILT-IN LOSSES. (8) The table of parts for subchapter M of as it would be in the hands of the transferor; (a) IN GENERAL.—Section 362 of the Inter- chapter 1 of such Code is amended by strik- except that the basis of such property in the nal Revenue Code of 1986 (relating to basis to ing the item relating to part V. hands of such distributee shall be the fair corporations) is amended by adding at the (c) EFFECTIVE DATE.— market value of the property at the time of end the following new subsection: (1) IN GENERAL.—Except as provided in ‘‘(e) LIMITATIONS ON BUILT-IN LOSSES.— the distribution— paragraph (2), the amendments made by this ‘‘(1) LIMITATION ON IMPORTATION OF BUILT-IN ‘‘(A) in any case in which gain or loss is section shall take effect on February 14, 2003. recognized by the liquidating corporation LOSSES.— (2) EXCEPTION FOR EXISTING FASITS.—The ‘‘(A) IN GENERAL.—If in any transaction de- with respect to such property, or amendments made by this section shall not scribed in subsection (a) or (b) there would ‘‘(B) in any case in which the liquidating apply to any FASIT in existence on the date (but for this subsection) be an importation of corporation is a foreign corporation, the cor- of the enactment of this Act to the extent a net built-in loss, the basis of each property porate distributee is a domestic corporation, that regular interests issued by the FASIT described in subparagraph (B) which is ac- and the corporate distributee’s aggregate ad- before such date continue to remain out- quired in such transaction shall (notwith- justed bases of property described in section standing in accordance with the original standing subsections (a) and (b)) be its fair 362(e)(1)(B) which is distributed in such liq- terms of issuance of such interests. market value immediately after such trans- uidation would (but for this subparagraph) exceed the fair market value of such prop- SEC. ll. EXPANDED DISALLOWANCE OF DEDUC- action. TION FOR INTEREST ON CONVERT- ‘‘(B) PROPERTY DESCRIBED.—For purposes erty immediately after such liquidation.’’. IBLE DEBT. (c) EFFECTIVE DATE.—The amendments of subparagraph (A), property is described in (a) IN GENERAL.—Paragraph (2) of section this subparagraph if— made by this section shall apply to transactions after February 13, 2003. 163(l) of the Internal Revenue Code of 1986 is ‘‘(i) gain or loss with respect to such prop- amended by striking ‘‘or a related party’’ SEC. ll. NO REDUCTION OF BASIS UNDER SEC- erty is not subject to tax under this subtitle and inserting ‘‘or equity held by the issuer in the hands of the transferor immediately TION 734 IN STOCK HELD BY PART- NERSHIP IN CORPORATE PARTNER. (or any related party) in any other person’’. before the transfer, and (a) IN GENERAL.—Section 755 of the Inter- (b) EXCEPTION FOR CERTAIN INSTRUMENTS ‘‘(ii) gain or loss with respect to such prop- nal Revenue Code of 1986 is amended by add- ISSUED BY DEALERS IN SECURITIES.—Section erty is subject to such tax in the hands of ing at the end the following new subsection: 163(l) of the Internal Revenue Code of 1986 is the transferee immediately after such trans- ‘‘(c) NO ALLOCATION OF BASIS DECREASE TO amended by redesignating paragraphs (4) and fer. STOCK OF CORPORATE PARTNER.—In making (5) as paragraphs (5) and (6) and by inserting In any case in which the transferor is a part- an allocation under subsection (a) of any de- after paragraph (3) the following new para- nership, the preceding sentence shall be ap- crease in the adjusted basis of partnership graph: plied by treating each partner in such part- property under section 734(b)— ‘‘(4) EXCEPTION FOR CERTAIN INSTRUMENTS nership as holding such partner’s propor- ‘‘(1) no allocation may be made to stock in ISSUED BY DEALERS IN SECURITIES.—For pur- tionate share of the property of such part- a corporation (or any person which is related poses of this subsection, the term ‘disquali- nership. (within the meaning of section 267(b) or fied debt instrument’ does not include in- ‘‘(C) IMPORTATION OF NET BUILT-IN LOSS.— 707(b)(1)) to such corporation) which is a debtedness issued by a dealer in securities For purposes of subparagraph (A), there is an partner in the partnership, and (or a related party) which is payable in, or

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7261 by reference to, equity (other than equity of ‘‘(ii) having a value equal to at least 50 per- for any taxable year but, unless there was a the issuer or a related party) held by such cent of the total value of the stock of such finding under subparagraph (D), no substan- dealer in its capacity as a dealer in securi- corporation, or tial underpayment penalties shall be im- ties. For purposes of this paragraph, the ‘‘(B) in the case of a trust, owns beneficial posed. term ‘dealer in securities’ has the meaning interests in the trust which would meet the ‘‘(III) NOTICE.—The corporation shall, at given such term by section 475.’’. requirements of subparagraph (A) if such in- the same time it files its returns under sub- (c) CONFORMING AMENDMENT.—Paragraph terests were stock. clause (I), notify its shareholders and any (3) of section 163(l) of the Internal Revenue ‘‘(2) QUALIFIED ENTITY.—For purposes of other persons whose tax position is, or may Code of 1986 is amended by striking ‘‘or a re- paragraph (1), the term ‘qualified entity’ reasonably be expected to be, affected by the lated party’’ in the material preceding sub- means— change in status so they also may file any paragraph (A) and inserting ‘‘or any other ‘‘(A) any real estate investment trust, and appropriate amended returns to conform person’’. ‘‘(B) any partnership in which one real es- their tax treatment consistent with the cor- (d) EFFECTIVE DATE.—The amendments tate investment trust owns at least 50 per- poration’s loss of REIT status. made by this section shall apply to debt in- cent of the capital and profits interests in ‘‘(IV) REGULATIONS.—The Secretary shall struments issued after February 13, 2003. the partnership. provide appropriate regulations setting forth SEC. ll. EXPANDED AUTHORITY TO DISALLOW ‘‘(3) ATTRIBUTION RULES.—For purposes of transferee liability and other provisions to TAX BENEFITS UNDER SECTION 269. this paragraphs (1) and (2)— ensure collection of tax and the proper ad- (a) IN GENERAL.—Subsection (a) of section ‘‘(A) IN GENERAL.—Rules similar to the ministration of this provision. 269 of the Internal Revenue Code of 1986 (re- rules of subsections (d)(5) and (h)(3) shall ‘‘(iv) Clauses (ii) and (iii) shall not apply if lating to acquisitions made to evade or avoid apply; except that section 318(a)(3)(C) shall the corporation allows its incubator REIT income tax) is amended to read as follows: not be applied under such rules to treat status to lapse at the end of the initial 2- ‘‘(a) IN GENERAL.—If— stock owned by a qualified entity as being year eligibility period without engaging in a ‘‘(1)(A) any person acquires stock in a cor- owned by a person which is not a qualified going public transaction if the corporation is poration, or entity. not a controlled entity as of the beginning of ‘‘(B) any corporation acquires, directly or ‘‘(B) STAPLED ENTITIES.—A group of enti- its fourth taxable year. In such a case, the indirectly, property of another corporation ties which are stapled entities (as defined in corporation’s directors may still be liable for and the basis of such property, in the hands section 269B(c)(2)) shall be treated as one the penalties described in subparagraph (D) of the acquiring corporation, is determined person. during the eligibility period. by reference to the basis in the hands of the ‘‘(4) EXCEPTION FOR CERTAIN NEW REITS.— ‘‘(D) SPECIAL PENALTIES.—If the Secretary transferor corporation, and ‘‘(A) IN GENERAL.—The term ‘controlled en- determines that an incubator REIT election ‘‘(2) the principal purpose for which such tity’ shall not include an incubator REIT. was filed for a principal purpose other than acquisition was made is evasion or avoidance ‘‘(B) INCUBATOR REIT.—A corporation shall as part of a reasonable plan to undertake a of Federal income tax by securing the ben- be treated as an incubator REIT for any tax- going public transaction, an excise tax of efit of a deduction, credit, or other allowable year during the eligibility period if it $20,000 shall be imposed on each of the cor- ance, meets all the following requirements for poration’s directors for each taxable year for such year: then the Secretary may disallow such deduc- which an election was in effect. ‘‘(i) The corporation elects to be treated as tion, credit, or other allowance.’’. ‘‘(E) GOING PUBLIC TRANSACTION.—For pur- an incubator REIT. (b) EFFECTIVE DATE.—The amendment poses of this paragraph, a going public trans- ‘‘(ii) The corporation has only voting com- made by this section shall apply to stock and action means— mon stock outstanding. property acquired after February 13, 2003. ‘‘(i) a public offering of shares of the stock ‘‘(iii) Not more than 50 percent of the cor- SEC. ll. MODIFICATIONS OF CERTAIN RULES of the incubator REIT; RELATING TO CONTROLLED FOR- poration’s real estate assets consist of mort- ‘‘(ii) a transaction, or series of trans- EIGN CORPORATIONS. gages. actions, that results in the stock of the incu- (a) LIMITATION ON EXCEPTION FROM PFIC ‘‘(iv) From not later than the beginning of bator REIT being regularly traded on an es- RULES FOR UNITED STATES SHAREHOLDERS OF the last half of the second taxable year, at tablished securities market and that results CONTROLLED FOREIGN CORPORATIONS.—Para- least 10 percent of the corporation’s capital graph (2) of section 1297(e) of the Internal is provided by lenders or equity investors in at least 50 percent of such stock being Revenue Code of 1986 (relating to passive in- who are unrelated to the corporation’s larg- held by shareholders who are unrelated to vestment company) is amended by adding at est shareholder. persons who held such stock before it began the end the following flush sentence: ‘‘(v) The corporation annually increases to be so regularly traded; or ‘‘(iii) any transaction resulting in owner- ‘‘Such term shall not include any period if the value of its real estate assets by at least 10 percent. ship of the REIT by 200 or more persons (ex- there is only a remote likelihood of an inclu- cluding the largest single shareholder) who sion in gross income under section ‘‘(vi) The directors of the corporation adopt a resolution setting forth an intent to in the aggregate own at least 50 percent of 951(a)(1)(A)(i) of subpart F income of such the stock of the REIT. corporation for such period.’’. engage in a going public transaction. (b) EFFECTIVE DATE.—The amendment No election may be made with respect to any For the purposes of this subparagraph, the made by this section shall apply to taxable REIT if an election under this subsection rules of paragraph (3) shall apply in deter- years on controlled foreign corporation be- was in effect for any predecessor of such mining the ownership of stock. ginning after February 13, 2003, and to tax- REIT. ‘‘(F) DEFINITIONS.—The term ‘established able years of United States shareholder in ‘‘(C) ELIGIBILITY PERIOD.— securities market’ shall have the meaning which or with which such taxable years of ‘‘(i) IN GENERAL.—The eligibility period set forth in the regulations under section controlled foreign corporations end. (for which an incubator REIT election can be 897.’’. SEC. ll. CONTROLLED ENTITIES INELIGIBLE made) begins with the REIT’s second taxable (c) CONFORMING AMENDMENT.—Paragraph FOR REIT STATUS. year and ends at the close of the REIT’s (2) of section 856(h) of the Internal Revenue (a) IN GENERAL.—Subsection (a) of section third taxable year, except that the REIT Code of 1986 is amended by striking ‘‘and (6)’’ 856 of the Internal Revenue Code of 1986 (re- may, subject to clauses (ii), (iii), and (iv), each place it appears and inserting ‘‘, (6), and lating to definition of real estate investment elect to extend such period for an additional (7)’’. trust) is amended by striking ‘‘and’’ at the 2 taxable years. (d) EFFECTIVE DATE.— end of paragraph (6), by redesignating para- ‘‘(ii) GOING PUBLIC TRANSACTION.—A REIT (1) IN GENERAL.—The amendments made by graph (7) as paragraph (8), and by inserting may not elect to extend the eligibility period this section shall apply to taxable years end- after paragraph (6) the following new para- under clause (i) unless it enters into an ing after May 8, 2003. graph: agreement with the Secretary that if it does (2) EXCEPTION FOR EXISTING CONTROLLED EN- ‘‘(7) which is not a controlled entity (as de- not engage in a going public transaction by TITIES.—The amendments made by this sec- fined in subsection (l)); and’’. the end of the extended eligibility period, it tion shall not apply to any entity which is a (b) CONTROLLED ENTITY.—Section 856 of the shall pay Federal income taxes for the 2 controlled entity (as defined in section 856(l) Internal Revenue Code of 1986 is amended by years of the extended eligibility period as if of the Internal Revenue Code of 1986, as adding at the end the following new sub- it had not made an incubator REIT election added by this section) as of May 8, 2003, section: and had ceased to qualify as a REIT for those which is a real estate investment trust for ‘‘(l) CONTROLLED ENTITY.— 2 taxable years. the taxable year which includes such date, ‘‘(1) IN GENERAL.—For purposes of sub- ‘‘(iii) RETURNS, INTEREST, AND NOTICE.— and which has significant business assets or section (a)(7), an entity is a controlled entity ‘‘(I) RETURNS.—In the event the corpora- activities as of such date. For purposes of if, at any time during the taxable year, one tion ceases to be treated as a REIT by oper- the preceding sentence, an entity shall be person (other than a qualified entity)— ation of clause (ii), the corporation shall file treated as such a controlled entity on May 8, ‘‘(A) in the case of a corporation, owns any appropriate amended returns reflecting 2003, if it becomes such an entity after such stock— the change in status within 3 months of the date in a transaction— ‘‘(i) possessing at least 50 percent of the close of the extended eligibility period. (A) made pursuant to a written agreement total voting power of the stock of such cor- ‘‘(II) INTEREST.—Interest shall be payable which was binding on such date and at all poration, or on any tax imposed by reason of clause (ii) times thereafter, or

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(B) described on or before such date in a (b) CONFORMING AMENDMENTS.— section 512(c)(2) for which data with respect filing with the Securities and Exchange (1) The table of sections for chapter 77 of to safety or effectiveness are required. Commission required solely by reason of the the Internal Revenue Code of 1986 is amended ‘‘(3) The term ‘animal drug product’ means transaction. by adding at the end the following new item: each specific strength or potency of a particular active ingredient or ingredients in SEC. ll. EXTENSION OF INTERNAL REVENUE ‘‘Sec. 7528. Internal Revenue Service user SERVICE USER FEES. final dosage form marketed by a particular fees.’’. (a) IN GENERAL.—Chapter 77 of the Internal manufacturer or distributor, which is Revenue Code of 1986 (relating to miscella- (2) Section 10511 of the Revenue Act of 1987 uniquely identified by the labeler code and neous provisions) is amended by adding at is repealed. product code portions of the national drug the end the following new section: (3) Section 620 of the Economic Growth and code, and for which an animal drug applica- ‘‘SEC. 7528. INTERNAL REVENUE SERVICE USER Tax Relief Reconciliation Act of 2001 is re- tion or a supplemental animal drug applica- FEES. pealed. tion has been approved. ‘‘(a) GENERAL RULE.—The Secretary shall (c) LIMITATIONS.—Notwithstanding any ‘‘(4) The term ‘animal drug establishment’ establish a program requiring the payment other provision of law, any fees collected means a foreign or domestic place of busi- of user fees for— pursuant to section 7528 of the Internal Rev- ness which is at one general physical loca- ‘‘(1) requests to the Internal Revenue Serv- enue Code of 1986, as added by subsection (a), tion consisting of one or more buildings all ice for ruling letters, opinion letters, and de- shall not be expended by the Internal Rev- of which are within 5 miles of each other, at termination letters, and enue Service unless provided by an appro- which one or more animal drug products are ‘‘(2) other similar requests. priations Act. manufactured in final dosage form. ‘‘(b) PROGRAM CRITERIA.— (d) EFFECTIVE DATE.—The amendments ‘‘(5) The term ‘investigational animal drug ‘‘(1) IN GENERAL.—The fees charged under made by this section shall apply to requests submission’ means— the program required by subsection (a)— made after the date of the enactment of this ‘‘(A) the filing of a claim for an investiga- ‘‘(A) shall vary according to categories (or Act. tional exemption under section 512(j) for a subcategories) established by the Secretary, new animal drug intended to be the subject ‘‘(B) shall be determined after taking into SA 846. Mr. FITZGERALD (for Mr. of an animal drug application or a supple- account the average time for (and difficulty GREGG) proposed an amendment to the mental animal drug application, or of) complying with requests in each category bill S. 313, to amend the Federal Food, ‘‘(B) the submission of information for the (and subcategory), and purpose of enabling the Secretary to evalu- ‘‘(C) shall be payable in advance. Drug, and Cosmetic Act to establish a program of fees relating to animal ate the safety or effectiveness of an animal ‘‘(2) EXEMPTIONS, ETC.— drug application or supplemental animal ‘‘(A) IN GENERAL.—The Secretary shall pro- drugs; as follows: drug application in the event of their filing. vide for such exemptions (and reduced fees) Strike all after the enacting clause and in- ‘‘(6) The term ‘animal drug sponsor’ means under such program as the Secretary deter- sert the following: either an applicant named in an animal drug mines to be appropriate. SECTION 1. SHORT TITLE. application, except for an approved applica- ‘‘(B) EXEMPTION FOR CERTAIN REQUESTS RE- This Act may be cited as the ‘‘Animal tion for which all subject products have been GARDING PENSION PLANS.—The Secretary Drug User Fee Act of 2003’’. removed from listing under section 510, or a shall not require payment of user fees under SEC. 2. FINDINGS. person who has submitted an investigational such program for requests for determination Congress finds as follows: animal drug submission that has not been letters with respect to the qualified status of (1) Prompt approval of safe and effective terminated or otherwise rendered inactive by a pension benefit plan maintained solely by new animal drugs is critical to the improve- the Secretary. 1 or more eligible employers or any trust ment of animal health and the public health. ‘‘(7) The term ‘final dosage form’ means, which is part of the plan. The preceding sen- (2) Animal health and the public health with respect to an animal drug product, a tence shall not apply to any request— will be served by making additional funds finished dosage form which is approved for ‘‘(i) made after the later of— available for the purpose of augmenting the administration to an animal without sub- ‘‘(I) the fifth plan year the pension benefit stantial further manufacturing. Such term plan is in existence, or resources of the Food and Drug Administra- tion that are devoted to the process for re- includes animal drug products intended for ‘‘(II) the end of any remedial amendment mixing in animal feeds. period with respect to the plan beginning view of new animal drug applications. (3) The fees authorized by this title will be ‘‘(8) The term ‘process for the review of within the first 5 plan years, or animal drug applications’ means the fol- ‘‘(ii) made by the sponsor of any prototype dedicated toward expediting the animal drug development process and the review of new lowing activities of the Secretary with re- or similar plan which the sponsor intends to spect to the review of animal drug applica- market to participating employers. and supplemental animal drug applications and investigational animal drug submissions tions, supplemental animal drug applica- ‘‘(C) DEFINITIONS AND SPECIAL RULES.—For tions, and investigational animal drug sub- purposes of subparagraph (B)— as set forth in the goals identified, for purposes of part 3 of subchapter C of chapter VII missions: ‘‘(i) PENSION BENEFIT PLAN.—The term ‘‘(A) The activities necessary for the re- ‘pension benefit plan’ means a pension, prof- of the Federal Food, Drug, and Cosmetic Act, in the letters from the Secretary of Health view of animal drug applications, supple- it-sharing, stock bonus, annuity, or em- mental animal drug applications, and inves- and Human Services to the Chairman of the ployee stock ownership plan. tigational animal drug submissions. Committee on Energy and Commerce of the ‘‘(ii) ELIGIBLE EMPLOYER.—The term ‘eligi- ‘‘(B) The issuance of action letters which House of Representatives and the Chairman ble employer’ means an eligible employer (as approve animal drug applications or supple- of the Committee on Health, Education, defined in section 408(p)(2)(C)(i)(I)) which has mental animal drug applications or which Labor, and Pensions of the Senate as set at least 1 employee who is not a highly com- set forth in detail the specific deficiencies in forth in the Congressional Record. pensated employee (as defined in section animal drug applications, supplemental ani- 414(q)) and is participating in the plan. The SEC. 3. FEES RELATING TO ANIMAL DRUGS. mal drug applications, or investigational determination of whether an employer is an Subchapter C of chapter VII of the Federal animal drug submissions and, where appro- eligible employer under subparagraph (B) Food, Drug and Cosmetic Act (21 U.S.C. 379f priate, the actions necessary to place such shall be made as of the date of the request et seq.) is amended by adding at the end the applications, supplements or submissions in described in such subparagraph. following part: condition for approval. ‘‘(iii) DETERMINATION OF AVERAGE FEES ‘‘PART 4—FEES RELATING TO ANIMAL ‘‘(C) The inspection of animal drug estab- CHARGED.—For purposes of any determina- DRUGS lishments and other facilities undertaken as tion of average fees charged, any request to ‘‘SEC. 739. AUTHORITY TO ASSESS AND USE ANI- part of the Secretary’s review of pending ani- which subparagraph (B) applies shall not be MAL DRUG FEES. mal drug applications, supplemental animal taken into account. ‘‘(a) DEFINITIONS.—For purposes of this drug applications, and investigational ani- ‘‘(3) AVERAGE FEE REQUIREMENT.—The aver- subchapter: mal drug submissions. age fee charged under the program required ‘‘(1) The term ‘animal drug application’ ‘‘(D) Monitoring of research conducted in by subsection (a) shall not be less than the means an application for approval of any connection with the review of animal drug amount determined under the following new animal drug submitted under section applications, supplemental animal drug ap- table: 512(b)(1). Such term does not include either a plications, and investigational animal drug Average new animal drug application submitted submissions. ‘‘Category Fee under section 512(b)(2) or a supplemental ani- ‘‘(E) The development of regulations and Employee plan ruling and opinion .. $250 mal drug application. policy related to the review of animal drug Exempt organization ruling ...... $350 Employee plan determination ...... $300 ‘‘(2) The term ‘supplemental animal drug applications, supplemental animal drug ap- Exempt organization determina- $275 application’ means— plications, and investigational animal drug tion. ‘‘(A) a request to the Secretary to approve submissions. Chief counsel ruling ...... $200. a change in an animal drug application ‘‘(F) Development of standards for prod- ‘‘(c) TERMINATION.—No fee shall be imposed which has been approved; or ucts subject to review. under this section with respect to requests ‘‘(B) a request to the Secretary to approve ‘‘(G) Meetings between the agency and the made after September 30, 2013.’’. a change to an application approved under animal drug sponsor.

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7263 ‘‘(H) Review of advertising and labeling paragraph (B) if no substantial work was per- (b) shall be established to generate fee rev- prior to approval of an animal drug applica- formed on the application or supplement enue amounts as follows: tion or supplemental animal drug applica- after the application or supplement was ‘‘(1) TOTAL FEE REVENUES FOR APPLICATION tion, but not such activities after an animal filed. The Secretary shall have the sole dis- AND SUPPLEMENT FEES.—The total fee reve- drug has been approved. cretion to refund the fee under this para- nues to be collected in animal drug applica- ‘‘(9) The term ‘costs of resources allocated graph. A determination by the Secretary tion fees under subsection (b)(1)(A)(i) and for the process for the review of animal drug concerning a refund under this paragraph supplemental animal drug application fees applications’ means the expenses incurred in shall not be reviewable. under subsection (b)(1)(A)(ii) shall be connection with the process for the review of ‘‘(2) ANIMAL DRUG PRODUCT FEE.—Each per- $1,250,000 in fiscal year 2004, $2,000,000 in fis- animal drug applications for— son— cal year 2005, and $2,500,000 in fiscal years ‘‘(A) officers and employees of the Food ‘‘(A) who is named as the applicant in an 2006, 2007, and 2008. and Drug Administration, contractors of the animal drug application or supplemental ‘‘(2) TOTAL FEE REVENUES FOR PRODUCT Food and Drug Administration, advisory animal drug application for an animal drug FEES.—The total fee revenues to be collected committees consulted with respect to the re- product which has been submitted for listing in product fees under subsection (b)(2) shall view of specific animal drug applications, under section 510, and be $1,250,000 in fiscal year 2004, $2,000,000 in supplemental animal drug applications, or ‘‘(B) who, after September 1, 2003, had fiscal year 2005, and $2,500,000 in fiscal years investigational animal drug submissions, pending before the Secretary an animal drug 2006, 2007, and 2008. and costs related to such officers, employees, application or supplemental animal drug ap- ‘‘(3) TOTAL FEE REVENUES FOR ESTABLISH- committees, and contractors, including costs plication; MENT FEES.—The total fee revenues to be col- for travel, education, and recruitment and shall pay for each such animal drug product lected in establishment fees under sub- other personnel activities, the annual fee established in subsection (c). section (b)(3) shall be $1,250,000 in fiscal year ‘‘(B) management of information, and the Such fee shall be payable for the fiscal year 2004, $2,000,000 in fiscal year 2005, and acquisition, maintenance, and repair of com- in which the animal drug product is first $2,500,000 in fiscal years 2006, 2007, and 2008. puter resources, submitted for listing under section 510, or is ‘‘(4) TOTAL FEE REVENUES FOR SPONSOR ‘‘(C) leasing, maintenance, renovation, and submitted for relisting under section 510 if FEES.—The total fee revenues to be collected repair of facilities and acquisition, mainte- the animal drug product has been withdrawn in sponsor fees under subsection (b)(4) shall nance, and repair of fixtures, furniture, sci- from listing and relisted. After such fee is be $1,250,000 in fiscal year 2004, $2,000,000 in entific equipment, and other necessary ma- paid for that fiscal year, such fee shall be fiscal year 2005, and $2,500,000 in fiscal years terials and supplies, and payable on or before January 31 of each year. 2006, 2007, and 2008. ‘‘(D) collecting fees under this section and Such fee shall be paid only once for each ani- ‘‘(d) ADJUSTMENTS.— accounting for resources allocated for the re- mal drug product for a fiscal year in which ‘‘(1) INFLATION ADJUSTMENT.—The revenues view of animal drug applications, supple- the fee is payable. established in subsection (b) shall be ad- mental animal drug applications, and inves- ‘‘(3) ANIMAL DRUG ESTABLISHMENT FEE.— justed by the Secretary by notice, published tigational animal drug submissions. Each person— in the Federal Register, for a fiscal year to ‘‘(10) The term ‘adjustment factor’ applica- ‘‘(A) who owns or operates, directly or reflect the greater of— ble to a fiscal year refers to the formula set through an affiliate, an animal drug estab- ‘‘(A) the total percentage change that oc- forth in section 735(8) with the base or com- lishment, and curred in the Consumer Price Index for all parator year being 2003. ‘‘(B) who is named as the applicant in an urban consumers (all items; United States ‘‘(11) The term ‘affiliate’ refers to the defi- animal drug application or supplemental city average) for the 12-month period ending nition set forth in section 735(9). animal drug application for an animal drug June 30 preceding the fiscal year for which ‘‘(b) TYPES OF FEES.—Beginning in fiscal product which has been submitted for listing year 2004, the Secretary shall assess and col- fees are being established; or under section 510, and lect fees in accordance with this section as ‘‘(B) the total percentage change for the follows: ‘‘(C) who, after September 1, 2003, had previous fiscal year in basic pay under the pending before the Secretary an animal drug ‘‘(1) ANIMAL DRUG APPLICATION AND SUPPLE- General Schedule in accordance with section application or supplemental animal drug ap- MENT FEE.— 5332 of title 5, United States Code, as ad- plication, ‘‘(A) IN GENERAL.—Each person that sub- justed by any locality-based comparability mits, on or after September 1, 2003, an ani- shall be assessed an annual fee established in payment pursuant to section 5304 of such mal drug application or a supplemental ani- subsection (c) for each animal drug estab- title for Federal employees stationed in the mal drug application shall be subject to a fee lishment listed in its approved animal drug District Columbia. as follows: application as an establishment that manu- The adjustment made each fiscal year by ‘‘(i) A fee established in subsection (c) for factures the animal drug product named in this subsection will be added on a com- an animal drug application; and the application. The annual establishment pounded basis to the sum of all adjustments ‘‘(ii) A fee established in subsection (c) for fee shall be assessed in each fiscal year in made each fiscal year after fiscal year 2004 a supplemental animal drug application for which the animal drug product named in the under this subsection. which safety or effectiveness data are re- application is assessed a fee under paragraph ‘‘(2) WORKLOAD ADJUSTMENT.—After the fee quired, in an amount that is equal to 50 per- (2) unless the animal drug establishment revenues are adjusted for inflation in accord- cent of the amount of the fee under clause listed in the application does not engage in ance with paragraph (1), the fee revenues (i). the manufacture of the animal drug product shall be further adjusted each fiscal year ‘‘(B) PAYMENT.—The fee required by sub- during the fiscal year. The fee shall be paid after fiscal year 2004 to reflect changes in re- paragraph (A) shall be due upon submission on or before January 31 of each year. The es- view workload. With respect to such adjust- of the animal drug application or supple- tablishment shall be assessed only one fee ment: mental animal drug application. per fiscal year under this section, provided, ‘‘(A) This adjustment shall be determined ‘‘(C) EXCEPTION FOR PREVIOUSLY FILED AP- however, that where a single establishment by the Secretary based on a weighted aver- PLICATION OR SUPPLEMENT.—If an animal manufactures both animal drug products and age of the change in the total number of ani- drug application or a supplemental animal prescription drug products, as defined in sec- mal drug applications, supplemental animal drug application was submitted by a person tion 735(3), such establishment shall be as- drug applications for which data with re- that paid the fee for such application or sup- sessed both the animal drug establishment spect to safety or effectiveness are required, plement, was accepted for filing, and was not fee and the prescription drug establishment manufacturing supplemental animal drug approved or was withdrawn (without a waiv- fee, as set forth in section 736(a)(2), within a applications, investigational animal drug er or refund), the submission of an animal single fiscal year. study submissions, and investigational ani- drug application or a supplemental animal ‘‘(4) ANIMAL DRUG SPONSOR FEE.—Each per- mal drug protocol submissions submitted to drug application for the same product by the son— the Secretary. The Secretary shall publish in same person (or the person’s licensee, as- ‘‘(A) who meets the definition of an animal the Federal Register the fees resulting from signee, or successor) shall not be subject to drug sponsor within a fiscal year; and this adjustment and the supporting meth- a fee under subparagraph (A). ‘‘(B) who, after September 1, 2003, had odologies. ‘‘(D) REFUND OF FEE IF APPLICATION RE- pending before the Secretary an animal drug ‘‘(B) Under no circumstances shall this FUSED FOR FILING.—The Secretary shall re- application, a supplemental animal drug ap- workload adjustment result in fee revenues fund 75 percent of the fee paid under subpara- plication, or an investigational animal drug for a fiscal year that are less than the fee graph (B) for any animal drug application or submission, revenues for that fiscal year established in supplemental animal drug application which shall be assessed an annual fee established subsection (c), as adjusted for inflation under is refused for filing. under subsection (c). The fee shall be paid on paragraph (1). ‘‘(E) REFUND OF FEE IF APPLICATION WITH- or before January 31 of each year. Each ani- ‘‘(3) FINAL YEAR ADJUSTMENT.—For fiscal DRAWN.—If an animal drug application or a mal drug sponsor shall pay only one such fee year 2008, the Secretary may further in- supplemental animal drug application is each fiscal year. crease the fees to provide for up to 3 months withdrawn after the application or supple- ‘‘(c) FEE AMOUNTS.—Except as provided in of operating reserves of carryover user fees ment was filed, the Secretary may refund subsection (b)(1) and subsections (d), (e), (g), for the process for the review of animal drug the fee or portion of the fee paid under sub- and (h), the fees required under subsection applications for the first 3 months of fiscal

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year 2009 If the Food and Drug Administra- ‘‘(f) EFFECT OF FAILURE TO PAY FEES.—An subparagraph (A)(ii) in any fiscal year if the tion has carryover balances for the process animal drug application or supplemental costs funded by appropriations and allocated for the review of animal drug applications in animal drug application submitted by a per- for the process for the review of animal drug excess of 3 months of such operating re- son subject to fees under subsection (b) shall applications— serves, then this adjustment will not be be considered incomplete and shall not be ac- ‘‘(i) are not more than 3 percent below the made. If this adjustment is necessary, then cepted for filing by the Secretary until all level specified in subparagraph (A)(ii); or the rationale for the amount of the increase fees owed by such person have been paid. An ‘‘(ii)(I) are more than 3 percent below the shall be contained in the annual notice set- investigational animal drug submission level specified in subparagraph (A)(ii), and ting fees for fiscal year 2008 under section 738(5)(B) that is submitted by a fees assessed for the fiscal year following the ‘‘(4) ANNUAL FEE SETTING.—The Secretary person subject to fees under subsection (b) subsequent fiscal year are decreased by the shall establish, 60 days before the start of shall be considered incomplete and shall not amount in excess of 3 percent by which such each fiscal year beginning after September be accepted for review by the Secretary until costs fell below the level specified in sub- 30, 2003, for that fiscal year, animal drug ap- all fees owed by such person have been paid. paragraph (A)(ii); and plication fees, supplemental animal drug ap- The Secretary may discontinue review of ‘‘(II) such costs are not more than 5 per- plication fees, animal drug sponsor fees, ani- any animal drug application, supplemental cent below the level specified in subpara- mal drug establishment fees, and animal animal drug application or investigational graph (A)(ii). animal drug submission from a person if drug product fees based on the revenue ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— amounts established under subsection (c) and such person has not submitted for payment There are authorized to be appropriated for all fees owed under this section by 30 days the adjustments provided under this sub- fees under this section— after the date upon which they are due. section. ‘‘(A) $5,000,000 for fiscal year 2004; ‘‘(g) ASSESSMENT OF FEES.— ‘‘(5) LIMIT.—The total amount of fees ‘‘(B) $8,000,000 for fiscal year 2005; ‘‘(1) LIMITATION.—Fees may not be assessed charged, as adjusted under this subsection, under subsection (b) for a fiscal year begin- ‘‘(C) $10,000,000 for fiscal year 2006; for a fiscal year may not exceed the total ning after fiscal year 2003 unless appropria- ‘‘(D) $10,000,000 for fiscal year 2007; and costs for such fiscal year for the resources tions for salaries and expenses of the Food ‘‘(E) $10,000,000 for fiscal year 2008; allocated for the process for the review of and Drug Administration for such fiscal year as adjusted to reflect adjustments in the animal drug applications. (excluding the amount of fees appropriated total fee revenues made under this section ‘‘(e) FEE WAIVER OR REDUCTION.— for such fiscal year) are equal to or greater and changes in the total amounts collected ‘‘(1) IN GENERAL.—The Secretary shall than the amount of appropriations for the by animal drug application fees, supple- grant a waiver from or a reduction of 1 or salaries and expenses of the Food and Drug mental animal drug application fees, animal more fees assessed under subsection (b) Administration for the fiscal year 2003 (ex- drug sponsor fees, animal drug establishment where the Secretary finds that— cluding the amount of fees appropriated for fees, and animal drug product fees. ‘‘(A) the assessment of the fee would such fiscal year) multiplied by the adjust- ‘‘(4) OFFSET.—Any amount of fees collected present a significant barrier to innovation ment factor applicable to the fiscal year infor a fiscal year under this section that ex- because of limited resources available to volved. ceeds the amount of fees specified in appro- such person or other circumstances, ‘‘(2) AUTHORITY.—If the Secretary does not priations Acts for such fiscal year shall be ‘‘(B) the fees to be paid by such person will assess fees under subsection (b) during any credited to the appropriation account of the exceed the anticipated present and future portion of a fiscal year because of paragraph Food and Drug Administration as provided costs incurred by the Secretary in con- (1) and if at a later date in such fiscal year in paragraph (1), and shall be subtracted ducting the process for the review of animal the Secretary may assess such fees, the Sec- from the amount of fees that would other- drug applications for such person, retary may assess and collect such fees, wise be authorized to be collected under this ‘‘(C) the animal drug application or supple- without any modification in the rate, for section pursuant to appropriation Acts for a mental animal drug application is intended animal drug applications, supplemental ani- subsequent fiscal year. solely to provide for use of the animal drug mal drug applications, investigational ani- ‘‘(i) COLLECTION OF UNPAID FEES.—In any in— mal drug submissions, sponsors, animal drug case where the Secretary does not receive ‘‘(i) a Type B medicated feed (as defined in establishments and animal drug products at payment of a fee assessed under subsection section 558.3(b)(3) of title 21, Code of Federal any time in such fiscal year notwithstanding (b) within 30 days after it is due, such fee Regulations (or any successor regulation)) the provisions of subsection (b) relating to shall be treated as a claim of the United intended for use in the manufacture of Type the date fees are to be paid. States Government subject to subchapter II C free-choice medicated feeds, or ‘‘(h) CREDITING AND AVAILABILITY OF of chapter 37 of title 31, United States Code. ‘‘(ii) a Type C free-choice medicated feed FEES.— ‘‘(j) WRITTEN REQUESTS FOR WAIVERS, RE- (as defined in section 558.3(b)(4) of title 21, ‘‘(1) IN GENERAL.—Fees authorized under DUCTIONS, AND REFUNDS.—To qualify for con- Code of Federal Regulations (or any suc- subsection (b) shall be collected and avail- sideration for a waiver or reduction under cessor regulation)), able for obligation only to the extent and in subsection (e), or for a refund of any fee col- ‘‘(D) the animal drug application or supple- the amount provided in advance in appro- lected in accordance with subsection (b), a mental animal drug application is intended priations Acts. Such fees are authorized to person shall submit to the Secretary a writ- solely to provide for a minor use or minor be appropriated to remain available until ex- ten request for such waiver, reduction, or re- species indication, or pended. Such sums as may be necessary may fund not later than 180 days after such fee is ‘‘(E) the sponsor involved is a small busi- be transferred from the Food and Drug Ad- due. ness submitting its first animal drug appli- ministration salaries and expenses appro- ‘‘(k) CONSTRUCTION.—This section may not cation to the Secretary for review. priation account without fiscal year limita- be construed to require that the number of ‘‘(2) USE OF STANDARD COSTS.—In making tion to such appropriation account for salary full-time equivalent positions in the Depart- the finding in paragraph (1)(B), the Secretary and expenses with such fiscal year limita- ment of Health and Human Services, for offi- may use standard costs. tion. The sums transferred shall be available cers, employees, and advisory committees ‘‘(3) RULES FOR SMALL BUSINESSES.— solely for the process for the review of ani- not engaged in the process of the review of ‘‘(A) DEFINITION.—In paragraph (1)(E), the mal drug applications. animal drug applications, be reduced to off- term ‘‘small business’’ means an entity that ‘‘(2) COLLECTIONS AND APPROPRIATION set the number of officers, employees, and has fewer than 500 employees, including em- ACTS.— advisory committees so engaged. ployees of affiliates. ‘‘(A) IN GENERAL.—The fees authorized by ‘‘(l) ABBREVIATED NEW DRUG APPLICA- ‘‘(B) WAIVER OF APPLICATION FEE.—The this section— TIONS.—The Secretary shall— Secretary shall waive under paragraph (1)(E) ‘‘(i) shall be retained in each fiscal year in ‘‘(1) to the extent practicable, segregate the application fee for the first animal drug an amount not to exceed the amount speci- the review of abbreviated new animal drug application that a small business or its affil- fied in appropriation Acts, or otherwise applications from the process for the review iate submits to the Secretary for review. made available for obligation for such fiscal of animal drug applications, and After a small business or its affiliate is year, and ‘‘(2) adopt other administrative procedures granted such a waiver, the small business or ‘‘(ii) shall only be collected and available to ensure that review times of abbreviated its affiliate shall pay application fees for all to defray increases in the costs of the renew animal drug applications do not increase subsequent animal drug applications and sources allocated for the process for the re- from their current level due to activities supplemental animal drug applications for view of animal drug applications (including under the user fee program.’’. which safety or effectiveness data are re- increases in such costs for an additional SEC. 4. ACCOUNTABILITY AND REPORTS. quired in the same manner as an entity that number of full-time equivalent positions in (a) PUBLIC ACCOUNTABILITY.— does not qualify as a small business. the Department of Health and Human Serv- (1) CONSULTATION.—In developing rec- ‘‘(C) CERTIFICATION.—The Secretary shall ices to be engaged in such process) over such ommendations to Congress for the goals and require any person who applies for a waiver costs, excluding costs paid from fees col- plans for meeting the goals for the process under paragraph (1)(E) to certify their quali- lected under this section, for fiscal year 2003 for the review of animal drug applications fication for the waiver. The Secretary shall multiplied by the adjustment factor. for the fiscal years after fiscal year 2008, and periodically publish in the Federal Register ‘‘(B) COMPLIANCE.—The Secretary shall be for the reauthorization of section 739 of the a list of persons making such certifications. considered to have met the requirements of Federal Food, Drug, and Cosmetic Act (as

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 3, 2003 CONGRESSIONAL RECORD — SENATE S7265 added by section 3), the Secretary of Health sell or exchange all or part of certain SPECIAL COMMITTEE ON AGING and Human Services (referred to in this sec- parcels of National Forest System land Mr. DOMENICI. Mr. President, I ask tion as the ‘‘Secretary’’) shall consult with in the State of Idaho and use the pro- unanimous consent that the Special the Committee on Energy and Commerce of ceeds derived from the sale or exchange Committee on Aging be authorized to the House of Representatives, the Committee on Health, Education, Labor, and Pensions of for National Forest System Resources; meet on Tuesday, June 3, 2003 from the Senate, appropriate scientific and aca- S. 435—A bill to provide for the convey- 10:00 a.m.–12:00 p.m. in Dirksen 628 for demic experts, veterinary professionals, rep- ance by the Secretary of Agriculture of the purpose of conducting a hearing. resentatives of consumer advocacy groups, the Sandpoint Federal Building and ad- The PRESIDING OFFICER. Without and the regulated industry. jacent land in Sandpoint, Idaho, and objection, it is so ordered. (2) RECOMMENDATIONS.—The Secretary for other purposes; S. 490—A bill to di- SUBCOMMITTEE ON NATIONAL PARKS shall— rect the Secretary of Agriculture to Mr. DOMENICI. Mr. President, I ask (A) publish in the Federal Register rec- convey certain land in the Lake Tahoe ommendations under paragraph (1), after ne- unanimous consent that the Sub- gotiations with the regulated industry; Basin Management Unit Nevada, to the committee on National Parks of the (B) present the recommendations to the Secretary of the Interior, in trust for Committee on Energy and Natural Re- Committees referred to in that paragraph; the Washoe Indian Tribe of Nevada and sources be authorized to meet during (C) hold a meeting at which the public may California; H.R. 762—To amend the the session of the Senate on Tuesday, comment on the recommendations; and Federal Land Policy and Management June 3 at 2:30 p.m. to receive testimony (D) provide for a period of 30 days for the Act of 1976 and the Mineral Leasing regarding S. 268, authorizes the Pyr- public to provide written comments on the Act and for other purposes; S. 1111—A amid of Remembrance Foundation to recommendations. bill to provide suitable grazing ar- (b) PERFORMANCE REPORTS.—Beginning establish a memorial in the District of with fiscal year 2004, not later than 60 days rangements on National Forest System Columbia and its environs to honor after the end of each fiscal year during which land to persons that hold a grazing per- members of the armed forces of the Un- fees are collected under part 3 of subchapter mit adversely affected by the standards tied States who have lost their lives C of chapter VII of the Federal Food, Drug, and guidelines contained in the Record during peacekeeping operations, hu- and Cosmetic Act, the Secretary shall pre- of Decision of the Sierra Nevada Forest manitarian efforts, training, terrorist pare and submit to the Committee on Energy Plan Amendment and pertaining to the attacks, or covert operations; S. 296, to and Commerce of the House of Representa- Willow Flycatcher and the Yosemite require the Secretary of Defense to re- tives and the Committee on Health, Edu- Toad; H.R. 622—To provide for the ex- cation, Labor, and Pensions of the Senate a port to Congress regarding the require- report concerning the progress of the Food change of certain lands in the Coconino ments applicable to the inscription of and Drug Administration in achieving the and Tonto National Forests in Arizona, veterans’ names on the memorial wall goals identified in the letters described in and for other purposes. (Contact: of the Vietnam Veterans Memorial; S. section 2(3) of this Act toward expediting the Frank Gladics 202–224–2878 or Dick 470, to extend the authority for the animal drug development process and the re- Bouts 202–224–7545). construction of a memorial to Martin view of the new and supplemental animal Because of the limited time available Luther King, Jr.; and S. 1076, to au- drug applications and investigational animal for the hearing, witnesses may testify drug submissions during such fiscal year, the thorize construction of an education by invitation only. However, those center at or near the Vietnam Veterans future plans of the Food and Drug Adminis- wishing to submit written testimony tration for meeting the goals, the review Memorial. times for abbreviated new animal drug appli- for the hearing record should send two The PRESIDING OFFICER. Without cations, and the administrative procedures copies of their testimony to the Com- objection, it is so ordered. adopted by the Food and Drug Administra- mittee on Energy and Natural Re- SUBCOMMITTEE ON SCIENCE, TECHNOLOGY, AND tion to ensure that review times for abbre- sources, United States Senate, Wash- SPACE viated new animal drug applications are not ington, D.C. 20510–6150. Mr. DOMENICI. Mr. President, I ask increased from their current level due to ac- For further information, please con- unanimous consent that the Sub- tivities under the user fee program. tact the staff as indicated above. (c) FISCAL REPORT.—Beginning with fiscal committee on Science, Technology and year 2004, not later than 120 days after the f Space be authorized to meet on Tues- end of each fiscal year during which fees are AUTHORITY FOR COMMITTEES TO day, June 3, 2003, at 2:30 p.m. on Space collected under the part described in sub- MEET Propulsion in SR–253. section (a), the Secretary shall prepare and COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. Without submit to the Committee on Energy and objection, it is so ordered. Commerce of the House of Representatives Mr. DOMENICI. Mr. President, I ask and the Committee on Health, Education, unanimous consent that the Com- f Labor, and Pensions of the Senate a report mittee on Foreign Relations be author- on the implementation of the authority for ized to meet during the session of the PRIVILEGES OF THE FLOOR such fees during such fiscal year and the use, Senate on Tuesday, June 3, 2003 at 10:00 Mr. DOMENICI. Mr. President, I ask by the Food and Drug Administration, of the a.m. to hold a Hearing on Nominations. unanimous consent that the privilege fees collected during such fiscal year for of the floor be granted to Julie Nichole which the report is made. The PRESIDING OFFICER. Without objection, it is so ordered. Bostick and Rick Feger of my office SEC. 5. SUNSET. The amendments made by section 3 shall COMMITTEE ON INDIAN AFFAIRS during the remainder of today’s ses- not be in effect after October 1, 2008, and sec- Mr. DOMENICI. Mr. President, I ask sion. tion 4 shall not be in effect after 120 days unanimous consent that the Com- The PRESIDING OFFICER. Without after such date. mittee on Indian Affairs be authorized objection, it is so ordered. f to meet on Tuesday, June 3, 2003 at Mr. BINGAMAN. I ask unanimous 10:00 a.m. in Room 485 of the Russell consent that Wendy Miller, who is a NOTICES OF HEARINGS/MEETINGS Senate Office Building to conduct an fellow with Senator LIEBERMAN’s of- SUBCOMMITTEE ON PUBLIC LAND AND FORESTS Oversight Hearing on the Status of fice, be granted the privilege of the Mr. CRAIG. Mr. President, I would Tribal Fish and Wildlife Management floor during the pendency of S. 14. like to announce for the information of Programs. The PRESIDING OFFICER. Without the Senate and the public that a hear- The PRESIDING OFFICER. Without objection, it is so ordered. ing has been scheduled before the Sub- objection, it is so ordered. Mr. BINGAMAN. Mr. President, I ask committee on Public Land and Forests SELECT COMMITTEE ON INTELLIGENCE unanimous consent that the following of the Committee on Energy and Nat- Mr. DOMENICI. Mr. President, I ask individuals from my office be allowed ural Resources. unanimous consent that the Select floor privileges during the duration of The hearing will be held on Thurs- Committee on Intelligence be author- the Energy bill over the next several day, June 12, at 2:30 p.m. in SD–366 of ized to meet during the session of the days and perhaps weeks: Jesse Watson, the Dirksen Senate Office Building. Senate on Tuesday, June 3, 2003 at 2:30 Fayla Lucero, Evan Cochnar, Kelly- The purpose of the hearing is to re- p.m. to hold a closed hearing. Renae Edwards, Nick Goldberg, Joshua ceive testimony on S. 434—A bill to au- The PRESIDING OFFICER. Without Medina, Chet Roach, Daniel Peters, thorize the Secretary of Agriculture to objection, it is so ordered. and Elaine Blest.

VerDate Mar 15 2010 21:05 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03JN3.REC S03JN3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7266 CONGRESSIONAL RECORD — SENATE June 3, 2003 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Bill. The Senate made progress today objection, it is so ordered. objection, it is so ordered. on the ethanol issue, and it is hoped f The committee amendments were that the Senate can complete action on withdrawn. that issue during Wednesday’s session. EXECUTIVE SESSION The amendment (No. 846) was agreed Tomorrow the Senate may also con- to. sider the House Defense authorization (The amendment is printed in today’s bill under the consent order entered EXECUTIVE CALENDAR RECORD under ‘‘Text of Amendments.’’) earlier. Mr. FITZGERALD. Mr. President, I The bill (S. 313), as amended, was In addition, discussions are under ask unanimous consent that the Sen- read the third time and passed. way as to a process for consideration of the child tax credit legislation. This ate immediately proceed to executive f session to consider the following nomi- evening, Senator GRASSLEY introduced nations on today’s Executive Calendar: ORDERS FOR WEDNESDAY, JUNE 4, that legislation and began the process Calendar Nos. 186, 187, and 188. I further 2003 of placing that bill on the calendar. Ne- ask unanimous consent that the nomi- Mr. FITZGERALD. Mr. President, I gotiations will continue as to the best nations be confirmed en bloc, the mo- ask unanimous consent that when the way to address that issue. tions to reconsider be laid upon the Senate completes its business today, it We are also working to clear addi- table, the President be immediately stand in adjournment until 9:30 a.m., tional nominations during tomorrow’s notified of the Senate’s action, and Wednesday, June 4. I further ask that session. Therefore, Members should ex- that the Senate then return to legisla- following the prayer and pledge, the pect votes throughout the day, and tive session. morning hour be deemed expired, the Senators will be notified when the first The PRESIDING OFFICER (Mr. Journal of proceedings be approved to vote is scheduled. COLEMAN). Without objection, it is so date, the time for the two leaders be f ordered. reserved for their use later in the day, ADJOURNMENT UNTIL 9:30 A.M. The nominations considered and con- and the Senate then begin a period of TOMORROW firmed en bloc are as follows: morning business until the hour of 11 Mr. FITZGERALD. Mr. President, if FARM CREDIT ADMINISTRATION a.m., with the first 30 minutes under there is no further business to come be- Lowell Junkins, of Iowa, to be a Member of the control of Senator BROWNBACK or fore the Senate, I ask unanimous con- the Board of Directors of the Federal Agri- his designee; provided further that the sent the Senate stand in adjournment cultural Mortgage Corporation. remaining time be equally divided be- Glen Klippenstein, of Missouri, to be a under the previous order. tween the two leaders or their des- There being no objection, the Senate, Member of the Board of Directors of the Fed- ignees and that Senators be limited to eral Agricultural Mortgage Corporation. at 7:45 p.m., adjourned until Wednes- Julia Bartling, of South Dakota, to be a 5 minutes each. day, June 4, 2003, at 9:30 a.m. Member of the Board of Directors of the Fed- The PRESIDING OFFICER. Is there f eral Agricultural Mortgage Corporation. objection? NOMINATIONS f Mr. REID. Mr. President, reserving the right to object. Executive nominations received by LEGISLATIVE SESSION The PRESIDING OFFICER. The Sen- the Senate June 3, 2003: The PRESIDING OFFICER. Under ator from Nevada. EXECUTIVE OFFICE OF THE PRESIDENT the previous order, the Senate will now Mr. REID. Mr. President, I say JOSHUA B. BOLTEN, OF THE DISTRICT OF COLUMBIA, return to legislative session. through you to the acting majority TO BE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET, VICE MITCHELL E. DANIELS, JR., RESIGNED. leader, we are confident that the child f DEPARTMENT OF LABOR care amendment offered by the Senator MEASURE READ THE FIRST ROBERT LERNER, OF MARYLAND, TO BE COMMIS- from Arkansas, through the Senator SIONER OF EDUCATION STATISTICS FOR A TERM EXPIR- TIME—S. 1174 from New Mexico, will pass. We do not ING JUNE 21, 2009, VICE PASCAL D. FORGIONE, JR., TERM EXPIRED. Mr. FITZGERALD. Mr. President, I really care if it is done in the energy IN THE ARMY understand that S. 1174 is at the desk, bill or in a separate, freestanding ar- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT and I ask for its first reading. rangement. Whatever the two leaders IN THE UNITED STATES ARMY TO THE GRADE INDICATED The PRESIDING OFFICER. The work out, we are happy to work on WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND clerk will read the title of the bill for this. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: the first time. The energy bill, as it is now before To be lieutenant general The legislative clerk read as follows: the Senate, is a revenue measure. We LT. GEN. WILLIAM S. WALLACE, 0000 FOREIGN SERVICE A bill (S. 1174) to amend the Internal Rev- understand the importance of moving enue Code of 1986 to accelerate the increase the energy bill. We want to cooperate THE FOLLOWING-NAMED PERSONS OF THE AGENCIES INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- in the refundability of the child tax credit, in any way we can. FICERS OF THE CLASS STATED, AND ALSO FOR THE and for other purposes. However, we do understand the im- OTHER APPOINTMENTS INDICATED HEREWITH: FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF Mr. FITZGERALD. Mr. President, I portance of this matter that was not CLASS ONE, CONSULAR OFFICER AND SECRETARY IN THE now ask for its second reading and ob- taken care of in the tax bill that in- DIPLOMATIC SERVICE OF THE UNITED STATES OF AMER- ject to further proceedings on this mat- volves 12 million children in America. ICA: AGENCY FOR INTERNATIONAL DEVELOPMENT ter. So we hope that can be resolved quickly and that we can have a vote on it in BETH A. SALAMANCA, OF VIRGINIA The PRESIDING OFFICER. Objec- M. ERIN SOTO, OF VIRGINIA tion having been heard, the bill will re- the next few days. We look forward to FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF ceive its second reading on the next cooperating with the majority in any CLASS TWO, CONSULAR OFFICER AND SECRETARY IN legislative day. way we can to move this matter for- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ward. AMERICA: f AGENCY FOR INTERNATIONAL DEVELOPMENT The PRESIDING OFFICER. Is there ANIMAL DRUG USER FEE ACT OF DAVID J. BARTH, OF VIRGINIA objection? KAREN J. DOSWELL, OF MARYLAND 2003 Mr. REID. No objection. NANCY ESTES, OF FLORIDA SUSAN KOSINSKI FRITZ, OF WYOMING Mr. FITZGERALD. Mr. President, I The PRESIDING OFFICER. Without R. DAVID HARDEN, OF MARYLAND ask unanimous consent that action on objection, it is so ordered. GARY C. JUSTE, OF FLORIDA JANET B. PAZ-CASTILLO, OF WASHINGTON S. 313 be vitiated and the Senate pro- f LESLIE K. REED, OF CALIFORNIA ceed to its immediate consideration; SCOTT ALAN STOFEL, OF CALIFORNIA that the committee amendments be PROGRAM FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF CLASS THREE, CONSULAR OFFICER AND SECRETARY IN withdrawn, and that the amendment Mr. FITZGERALD. For the informa- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF that is at the desk be agreed to, and tion of all Senators, following morning AMERICA: the bill, as amended, be read a third business tomorrow, the Senate may re- AGENCY FOR INTERNATIONAL DEVELOPMENT time and passed. sume consideration of S. 14, the Energy KATHY ELAINE BODY, OF VIRGINIA

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CATHY J. BOWES, OF VIRGINIA MARK ALAN PANNELL, OF WASHINGTON GODFREY O. ONUGHA DERRICK S. BROWN, OF FLORIDA ELAINE A. PAPLOS, OF CALIFORNIA TIMOTHY L. RICKS ALICIA DINERSTEIN, OF NEW YORK RONALD DREW PERKEL, OF COLORADO TODD M. TOVAREK AMAN DJAHANBANI, OF VIRGINIA JON E. PIECHOWSKI, OF ILLINOIS CHARLES M. WEBER ROGER L. LAPP JR., OF VIRGINIA RYAN T. POOL, OF TEXAS NADEREH C. LEE, OF FLORIDA ALLEN LEWIS POWELL, OF VIRGINIA To be nurse director BRADFORD CLEAVELAND PALMER, OF CONNECTICUT SANJAY RAMESH, OF NEW JERSEY AUDREY M. KOERTVELYESSY KERRY PELZMAN, OF NEW HAMPSHIRE ERINN CHRISTINE REED, OF VIRGINIA KURT A. POPE, OF FLORIDA ROBERT RICHARDS, OF VIRGINIA To be senior nurse officer REBECCA JO ROHRER, OF WISCONSIN CHRISTINE RIEHL, OF PENNSYLVANIA JENNIFER L. SCOTT, OF FLORIDA LAN H. RIGGIN, OF VIRGINIA DAVID W. EDDINGER PALMER J. WYVILLE-STAPLES, OF CALIFORNIA JEFFREY E. RIGLER, OF OKLAHOMA STEPHANIE L. KING PHILIP WESTON ROSKAMP, OF TEXAS To be nurse officer THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN JOSHUA N. RUBIN, OF VIRGINIA SERVICE OF THE DEPARTMENTS OF STATE AND COM- JOSEPH HARRY RUNYON, OF FLORIDA AMY S. COLLINS MERCE TO BE CONSULAR OFFICERS AND/OR SECRE- CONSTANTINE M. SAAB, OF VIRGINIA THOMAS B. ELLIS TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED DAVID SAUER, OF MINNESOTA ANGELA M. MARTINELLI STATES OF AMERICA, AS INDICATED: JILL MARIE SECARD, OF FLORIDA GENISE Y. NIXON CONSULAR OFFICERS AND SECRETARIES IN THE DIP- DAVID J. SHAO, OF TEXAS JAMES R. REID LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: MACHUTMI AWUNGSHI SHISHAK, OF PENNSYLVANIA JAMES F. SABATINOS DEPARTMENT OF COMMERCE JAMES MATTHEW SINDLE, OF VIRGINIA DEBRA L. SCOTT PATRICK ISAMU SMELLER, OF MARYLAND LYNN A. SLEPSKI ALEXANDER G. AMDUR, OF THE DISTRICT OF COLUMBIA KATHLEEN SPEAR, OF VIRGINIA TINA ALICE TAH JOSEPH A. STRZALKA, OF MICHIGAN FRANCES E. WALL DEPARTMENT OF STATE LISA SWENARSKI DE HERRERA, OF CALIFORNIA To be senior assistant nurse officer JUAN T. AVECILLA, OF CALIFORNIA CATHERINE E. TAYLOR, OF UTAH MARK E. BALKOVICH, OF MARYLAND IVETTE M. TIMMINS, OF VIRGINIA JANICE ADAMS JAMES ANDREW BALL IV, OF CALIFORNIA JULIE MARGUERITE VIBUL, OF TENNESSEE PETER D. BENNETT TIFFANY M. BARTISH, OF ILLINOIS GEORGE L. WARD, OF MARYLAND WILLIAM D. BODEN JEREMY A. BECK, OF IDAHO MICHAEL B. WITHAM, OF VIRGINIA KAREN M. COOK JENNIFER L. BECKER, OF KANSAS CHRISTIAN YARNELL, OF NEW JERSEY CATHERINE M. DENTINGER GREGORY L. BERNSTEEN, OF FLORIDA KENNETH M. ZURCHER, OF KANSAS LISA A. DENZER NANCY ROSENKRANZ BIASI, OF OREGON AREND C. ZWARTJES, OF TEXAS MICHELLE E. DOSSETT DIANE DOUGLAS ALEC M. BIERBAUER, OF MARYLAND CONSULAR OFFICER OF THE UNITED STATES OF AMER- SHANNON C. DUNN MARK L. BLAIS, OF TEXAS ICA: KEVIN BRADY, OF TEXAS ANTHONY L. DURAN KIRNINDER PAL BRAICH, OF NEW JERSEY DEPARTMENT OF STATE TODD D. GENZER JOYCE A. BROOKS, OF MARYLAND BRENT T. HALL ERIC BRADLEY BURKHART, OF VIRGINIA DENIS P. COLEMAN JR., OF FLORIDA CHRIS L. HENNEFORD JODI L. HENNESSY THEODORE R. CALABIA, OF VIRGINIA THE FOLLOWING-NAMED CAREER MEMBERS OF THE DIANNE MISKINIS HILLIGOSS JOSH M. CARTIN, OF CALIFORNIA FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR WILLADINE M. HUGHES JOSEPH LEE CHAMBERLAIN, OF COLORADO PROMOTION INTO THE SENIOR FOREIGN SERVICE AS IN- ANITA L. JOHNSON CAROLINE CHUNG, OF VIRGINIA DICATED: KAREN L. KOSAR MICHAEL L. COLLINS, OF VIRGINIA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE ANITA C. KRUMM BARBARA ANN CORDANO, OF TEXAS OF THE UNITED STATED OF AMERICA, CLASS OF COUN- STARDUST W. MAZZARIELLO FRED THOMAS CRAWFORD IV, OF VIRGINIA SELOR COLLEEN E. CRENWELGE, OF TEXAS LYNN L. WEISS JUSTIN CHARLES CREVIER, OF WASHINGTON DEPARTMENT OF STATE RICHARD R. DIAZ, OF VIRGINIA To be assistant nurse officer C. STEVEN MCGANN, OF NEW YORK MARGIT R. DITTMER, OF VIRGINIA CINDY L. BRITT RACHAEL THOMASIN DOHERTY, OF THE DISTRICT OF CO- CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE ALEXIS MOSQUERA LUMBIA OF THE UNITED STATES OF AMERICA, CLASS OF MIN- SPENCER T. SMITH DENISE A. ERBE, OF VIRGINIA ISTER-COUNSELOR: ANN MARIE EVERITT, OF MONTANA To be senior engineer officer STEFANIE BATES EYE, OF TEXAS DEPARTMENT OF STATE DAVID KOSKI GEORGE FARAG, OF NEW JERSEY PETER H. CHASE, OF WASHINGTON SHARON A. MILLER MICHAEL L. FERNANDEZ, OF VIRGINIA KATHRYN SMITH FITRELL, OF WASHINGTON PUBLIC HEALTH SERVICE To be senior assistant engineer officer REBECCA L. FRERICHS, OF WYOMING JEFFREY P. FURGAL, OF VIRGINIA THE FOLLOWING CANDIDATES FOR PERSONNEL AC- STEVEN J. ANDERSON DANIEL L. GAGE, OF NEW MEXICO TION IN THE REGULAR COMPONENT OF THE PUBLIC FRANK B. BEHAN DAVID JOSEPH GAINER, OF MARYLAND HEALTH SERVICE SUBJECT TO QUALIFICATIONS THERE- CHARLES M. COTE SUSAN M. GOLDEN, OF VIRGINIA FOR AS PROVIDED BY LAW AND REGULATIONS: JONATHAN W. FOGARTY MARY BETH GOODMAN, OF VIRGINIA To be medical director CHUCRI A. KARDOUS CHRISTOPHER M. GROVES, OF CALIFORNIA DENMAN K. ONDELACY GABRIELLE J. GUIMOND, OF WASHINGTON THOMAS D. MATTE To be senior scientist ANDREW M. HAMILTON, OF VIRGINIA JOHN HARDMAN, OF MARYLAND To be senior surgeon FRANCOIS M. LALONDE DAVID B. HARRISON, OF FLORIDA WILLIAM B. BAINE CLAUS P. HEPPNER, OF VIRGINIA To be scientist MAURA K. DOLLYMORE CAROLINA HIDEA, OF ARIZONA TERRY J. GOLDEN CHARLES D. KIMSEY JR. JOHNATHAN ALEXANDER HILTON, OF THE DISTRICT OF AUGUSTA E. HAYS COLUMBIA RICHARD S. KAPLAN To be senior assistant scientist ANNY CHI-JIN HO, OF MARYLAND MARY L. LINDEGREN JEROME P. HOHMAN, OF THE DISTRICT OF COLUMBIA RICHARD S. GARFEIN VICTORIA T. RAMIREZ HOLLY CHRISTINE HOLZER, OF ILLINOIS MINNIS T. HENDRICKS JR. TERESA HOOPER, OF VIRGINIA To be surgeon ROBIN L. LYERLA ELIZABETH S. HOSINSKI, OF VIRGINIA KATHLEEN Y. MCDUFFIE ROKSANA K. HOUGE, OF TEXAS WILLIE CACHO STEPHANIE R. MILES-RICHARDSON MICHELLE M. JAVOR, OF MINNESOTA KIMBERLEY K. FOX JOSHUA A. MOTT JAMES A. JIMENEZ, OF FLORIDA MICHAEL F. IADEMARCO STEPHANIE L. SANSOM THOMAS LESLIE JOHNSTON III, OF COLORADO ALI S. KHAN To be senior sanitarian ANDRA M. JORDAN, OF VIRGINIA PETER H. KILMARX WENDY ANNETTE KAHLER, OF VIRGINIA DAVID K. KIM DAVID A. BLEVINS MARY VIRGINIA KANE, OF MARYLAND ABRAHAM G. MIRANDA HYUN S. KIM, OF ILLINOIS ABELARDO MONTALVO To be sanitarian DAVID M. MORENS JULES KIM, OF CALIFORNIA ROBERT S. NEWSAD ANTHONY R. KING, OF VIRGINIA JOHN F. MORONEY TERRI L. KING, OF MARYLAND LYNN A. PAXTON To be senior assistant sanitarian RICHARD W. KLEIN, OF VIRGINIA To be senior assistant surgeon ALBERT J. KRAAIMOORE, OF NEW MEXICO CHRISTOPHER W. ALLEN NEILL GORDON KROST, OF CALIFORNIA MICHAEL G. BRUCE MYRNA J. BUCKLES LOURDES MARIA LAMELA, OF THE DISTRICT OF COLUM- DANIEL R. FEIKIN TIMOTHY E. JIGGENS BIA BRUCE W. FURNESS JOSEPH W. MATTHEWS BRET A. LANSDELL, OF VIRGINIA ALICIA GARCIA A THOMAS MIGNONE JR. RICHARD WILLIAM LA ROCHE JR., OF CALIFORNIA RICHARD S. HARRIS ALAN G. PARHAM IRENE LAVOIE, OF VIRGINIA DENISE J. JAMIESON RHONDA S. SEARS SCOTT C. LEIBFRIED, OF VIRGINIA PAUL T. KITSUTANI To be senior assistant veterinary officer LEON C. LOWDER III, OF NEW YORK VENKATARAMA R. KOPPAKA LORA OMAN LUND, OF VIRGINIA MONA SARAIYA JENNIFER H. MCQUISTON KERRY G. MADDY, OF VIRGINIA THOMAS MAHOLCHIC, OF VIRGINIA To be senior dental surgeon To be pharmacist director ROBERT MARKS, OF OREGON DONALD C. BELCHER JAMES U. IMHOLTE ERIK C. MARTINI, OF MARYLAND MICHAEL F. GMUREK LAURIE A. MATTHEWS, OF VIRGINIA GARY L. PANNABECKER To be pharmacist ANDREA MCCARLEY, OF VIRGINIA DAVID L. MCCARTHY, OF VIRGINIA To be dental surgeon JEFFREY T. BINGHAM DANIEL P. MCFEELY, OF VIRGINIA JEFFREY R. FRITSCH TRINA M. MCREYNOLDS, OF TEXAS MARK R. BOGNAR GARY M. GIVENS TRACI L. MELL, OF ILLINOIS JEFFERY R. COMBS RAYMOND GOLDSTINE ELISE M. MELLINGER, OF PENNSYLVANIA To be senior assistant dental surgeon VERNON T. LEW HARRY B. MEYER JR., OF MARYLAND JUDY L. ROSE MEGHAN M. MOORE, OF ALASKA MARLON A. BROWN PETER WEISS JEREMY NATHAN, OF ILLINOIS CHARLES G. HOUCK To be senior assistant pharmacist BRENDAN JAMES O’BRIEN, OF VIRGINIA GLENN P. MARTIN JAMES A. OLEYAR, OF VIRGINIA KATHLEEN M. OCONNOR JAMES T. BARLOW

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A PROCLAMATION RECOGNIZING Duke Medical Center’s Pediatric Bone Marrow Furthermore, Ms. Winter is a member of the HEATHER HETTINGER Transplant Research Laboratory, the Prevent Annandale Woman’s Club and the Virginia Child Abuse North Carolina project, and his State Women’s Golf Association. She is also HON. ROBERT W. NEY current effort to raise support for the Victory active in the Pinecrest Women’s Golf Associa- OF OHIO Junction Gang Camp, a camp for children with tion, where she served two terms as president life threatening illnesses. from 1999–2001. IN THE HOUSE OF REPRESENTATIVES Larry, we thank you for the contributions Mr. Speaker, in closing, it is with great Tuesday, June 3, 2003 that you have made in our communities and pleasure that I extend this recognition to Ms. Mr. NEY. Mr. Speaker, Whereas, Heather across the state of North Carolina. This legacy Helen Winters. She is a well-respected and Hettinger has devoted herself to serving oth- will be an ever-present reminder of your hard much endeared member of her community. ers through her membership in the Girl work and dedication. Cheers to you, my friend, Her contributions to the city of Annandale, Scouts; and and best of luck in your future endeavors. Fairfax city and the State of Virginia abound. Whereas, Heather Hettinger has shared her f I am very pleased to honor and congratulate time and talent with the community in which Ms. Winter on her many years of service and she resides; and HONORING HELEN WINTER AS THE involvement. I call upon my colleagues to join Whereas, Heather Hettinger has dem- MASON DISTRICT COUNCIL OF me in applauding her for all that she has onstrated a commitment to meet challenges CIVIC ASSOCIATIONS’ CITIZEN OF done. THE YEAR with enthusiasm, confidence and outstanding f service; and MULBERRY MEMORIAL AMERICAN Whereas, Heather Hettinger must be com- HON. TOM DAVIS LEGION AUXILIARY, UNIT 72 mended for the hard work and dedication she OF VIRGINIA put forth in earning the Girl Scout Gold Award; IN THE HOUSE OF REPRESENTATIVES Therefore, I join with the Girl Scouts, the HON. ADAM H. PUTNAM Tuesday, June 3, 2003 residents of Chillicothe and the entire 18th OF FLORIDA Congressional District in congratulating Heath- Mr. TOM DAVIS of Virginia. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES er Hettinger as she receives the Girl Scout would like to take this opportunity to honor Tuesday, June 3, 2003 Gold Award. Helen Winter as the Mason District Council of Mr. PUTNAM. Mr. Speaker, I would like to f Civic Associations’ Citizen of the Year. Although Ms. Winter can boast many civic draw my Colleagues to the attention of the fol- TRIBUTE TO LARRY JOHNSON contributions, the most dramatic impact she lowing articles on the Mulberry Memorial has had on her community is her involvement American Legion Auxiliary, Unit 72, in Mul- HON. HOWARD COBLE with her local Adopt-a-Highway campaign. berry, Florida from my district. Since 1985 Ms. Winter has supervised the Unit 72 is very active within the community OF NORTH CAROLINA of Mulberry, and I feel these articles exemplify IN THE HOUSE OF REPRESENTATIVES cleanup of Little River Turnpike, the area between Hummer Road and Braddock Road. the best of Unit 72’s service and commitment. Tuesday, June 3, 2003 This stretch is located between Fairfax City on Please consider the inclusion of these articles Mr. COBLE. Mr. Speaker, Larry Johnson, the west and the City of Alexandria on the in the CONGRESSIONAL RECORD. President of the North Carolina Credit Union east; it is an unincorporated area and as such MULBERRY, FLORIDA’S SCHOOLS BENEFIT League and Credit Union Service Corporation, the Little River Turnpike would likely be clut- (Submitted by Donna Righi, Unit 72 and I have been friends for many, many years tered with litter without the careful watch of President and Education Chairman) and have endured numerous legislative strug- Ms. Winter. Mulberry Memorial American Legion Aux- gles and debates through those years. As In addition to the Turnpike, Ms. Winter iliary, Unit 72, Department of Florida works closely with the schools in Mulberry, Florida Larry prepares to retire at the end of this year, spearheads the adoption of two other and are kept aware of the needs of their stu- I want to take this opportunity to thank him for stretches of highway: Braddock Road between dents. In February 2003, Unit 72 donated over the tremendous contributions he has made to Little River Turnpike and Backlick; and John $120 of underwear to two of the schools in this industry and to tell him that he will be Marr Drive, between Backlick and the Colum- Mulberry. missed by many of us whose lives he has im- bia Pike. School Supply drives are frequently held, pacted over the decades. Ms. Winter has innovatively incorporated the and money is often donated to schools, how- Larry began his credit union career in De- Sheriff’s Weekender Work Program into her ever, Unit 72 discovered that children in need cember 1967 and has been an asset to credit efforts. She uses citizens who have been sen- often do not have underwear to wear. You aren’t able to give away your used under- unions in North Carolina and across the coun- tenced to serve community service in lieu of wear, so needy families often do not receive try for years due to his excellent people skills fines or jail time to work on her clean-up this necessity. The schools were contacted in and his ability to effectively promote the prior- teams. regards to sizes, and Unit 72 bought them for ities of credit unions and their members. He is In addition to her important work in the the schools to distribute to those in real sincere in his effort to ensure that credit Adopt-a-Highway program, Ms. Winter is a need. Items that were distributed were: unions prosper so that those who may en- former president of the Clean Fairfax Council. Socks, underpants, jockey shorts, and even counter difficulty finding help elsewhere will The council has enjoyed Ms. Winter’s mem- bras. The schools really appreciated this. not be without resources. As President of the bership for the last 18 years. She heads the They never seem to have enough of these items for occasional accidents that occur, League, Larry has been very active in state, Annandale Cleanup Day for the Council. not to mention the students that can’t afford regional and national activities and has served Ms. Winter is also a member of the Annan- these necessities. his members with honor and dignity through- dale Central Business District Planning Com- On Wednesday evening, September 11, 2002, out his tenure. mittee, and Chairwoman of the Beautification The Mulberry American Legion Auxiliary In keeping with the local community tradition & Business Recognition Committee. While in Unit #72, joined with the American Legion that has become a trademark of the credit these positions she has been responsible for and Sons of the American Legion Squadron union industry, Larry has used his position and the recognition awards to businesses that im- 72 and conducted a service in observance of the events of September 11, 2001. influence within the organization to positively proved the appearance of the city of Annan- We had distributed bags to two local impact a number of important charities across dale. Such improvements include: attractive schools, Kingsford Elementary and R. Bruce North Carolina. He actively promotes credit street lamps, metal benches, trash recep- Wagner Elementary, for the children to deco- union participation in the League’s social re- tacles, bus shelters, brick sidewalks, trees, rate for luminaries. These children did a sponsibility activities such as support of the flowers and shrubbery. magnificent job on over three hundred bags.

∑ 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 Jan 31 2003 06:26 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A03JN8.001 E03PT1 E1106 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2003 Legion Post 72 Commander, Jerry M. He noted new measures being taken lo- knowledge of the United States Constitution. Mitchell, opened our ceremony with a brief cally, including machine guns that will soon The Northwest team demonstrated an out- welcome and the Pledge of Allegiance. Le- be in hundreds of area patrol cars. standing comprehension of the issues and the gion Chaplain Dennis Farmer gave an invo- Sheriff Crow talked about two helicopter fundamentals of American government and cation and then turned the ceremony over to duty deputies who died in the crash of their Martha Bosley, Auxiliary Vice President Polk County Sheriff’s helicopter just after 9– represented the Sixth District with courage who gave a short speech in remembrance of 11 on Oct 22, 2001. They hit a fog patch and and pride. the victims and heroes of that fateful day. the chopper crashed when infrared night vi- Congratulations to Mr. Parrish, Michael Auxiliary Unit 72 member, Jan Feldman sion must have led to a misperception of the Bowles, Blair Brooks, Lauren Campbell, closed our service with the singing of ‘‘God craft’s altitude. Marnie Cheshire, Jenny Cimaglia, Josh Clark, Bless America’’. The Sheriff noted Polk County is part of a Kelly Crocken, Melati Crook, Nadia Eksir, The more than fifty participants then took nine-county group dealing with terrorism. Ricky Elmore, Kristin Forrest, Ken Gangong, their American flags to the side of Route 37 The Sheriff’s job is risk assessment. Elias Hage, Shelly Hanks, Martha Heise, to wave in a show of patriotism and were He noted this phosphate area, the port of Haley Hoffman, David Holst, Taylor Johnson, greeted by passing motorists who waved Tampa, the nuclear power plant near Crystal back. Later the members lighted all the lu- Adam Kincaid, Heidi Kunkle, Carson Leach, River and other points are targets in this Leigh Anna Pittman, Matt Rothkopf, Andrew minaries the students had provided and part of Florida. He noted fertilizer elements placed them by the side of Route 37 as dusk may be used as explosives and this is a local Shoffner, Naresh Sundaresan, Anne Marie fell. Again the passing motorists signaled concern with terrorism. Wittmann, John Yeago, and Eliana Ziri. We their approval and appreciation by blinking Sheriff Crow said there is a very real would also like to thank State Coordinator their lights and honking their horns. threat, in his opinion, if we go to war against Carleen Wray and District Coordinator Barbie Iraq we will have a backlash here against the Creech for their tireless efforts in supporting MULBERRY POLICE, FIRE/RESCUE, CITY United States. such a valuable program. HONORED FOR SERVICE BY LEGION FAMILY In closing Alan P. Hall noted Mulberry Po- The Sixth District would like to extend its CHIEF DAVE HAMLIN POLICE OFFICER OF YEAR, lice and Fire/Rescue personnel should be re- congratulations to Principal Mrs. Anne Murr, MIKE TEAM IS FIREFIGHTER OF THE YEAR spected and thanked, noting they deal first- the students, faculty, and families at Northwest Prime rib dinner all of the trimmings was hand with some things many people don’t Guilford High School. Your hard work and served to a large turnout Tuesday evening in want to even see. dedication are admirable and set an example the Mulberry Memorial American Legion f Post Home. for all of us. Once again, congratulations and This was an annual Mulberry Police and A PROCLAMATION RECOGNIZING ‘‘Go Vikings’’. Fire/Rescue salute and awards dinner given JENNY ELLIS f by the local American Legion Post in cooperation with the Legion Auxiliary and HONORING THE 100TH ANNIVER- Sons of the American Legion. HON. ROBERT W. NEY SARY CELEBRATION OF THE VI- The hall was filled with Mulberry Police OF OHIO ENNA VOLUNTEER FIRE DE- and Fire/Rescue personnel and guests, a IN THE HOUSE OF REPRESENTATIVES PARTMENT number of City officials, Legion family members and guests. Tuesday, June 3, 2003 The annual Mulberry Police Officer of the HON. TOM DAVIS Year award was given to Chief Dave Hamlin. Mr. NEY. Mr. Speaker, OF VIRGINIA Alan P. Hall, long-time Legionaire officer Whereas, Jenny Ellis has devoted herself to IN THE HOUSE OF REPRESENTATIVES serving others through her membership in the who has served five times as Post Com- Tuesday, June 3, 2003 mander, and as Department of Florida Com- Girl Scouts; and mander, noted Chief Hamlin has been with Whereas, Jenny Ellis has shared her time Mr. TOM DAVIS of Virginia. Mr. Speaker, I the Mulberry force for many years, coming and talent with the community in which she re- would like to take this opportunity to honor the up through the ranks. sides; and 100th Anniversary of the Vienna Volunteer Alan P. Hall recalled some funny incidents Whereas, Jenny Ellis has demonstrated a Fire Department. over the years, remember growing up in Mul- Established in 1903 at the behest of Vienna berry when the City had just one police car commitment to meet challenges with enthusiasm, confidence and outstanding service; Town Councilman Leon Freeman, the Vienna with one red light on it. He remembered the Volunteer Fire Department has a long and dis- old Mulberry police station and when Dave and Hamlin first came on the Mulberry force. Whereas, Jenny Ellis must be commended tinguished history. Councilman Freeman Chief Hamlin noted Mulberry is starting to for the hard work and dedication she put forth served as the Department’s first chief and re- grow, and quickly, and the City of Mulberry in earning the Girl Scout Gold Award; mained active in the Department until 1936. Starting with his tenure and continuing to the is working to be prepared with services for Therefore, I join with the Girl Scouts, the the growth and to serve present Mulberry present, the Vienna Volunteer Fire Department residents of Chillicothe and the entire 18th needs. Last year’s award went to Police Lt. has consistently set the standard for fire safety Congressional District in congratulating Jenny Randy Tagliarini. in Fairfax County, having implemented a laun- Ellis as she receives the Girl Scout Gold Mike Team, likewise, was named Mulberry dry list of groundbreaking fire safety initiatives. Firefighter of the Year. He and other Mul- Award. At the time of its founding, no other volunteer berry Fire/Rescue and Police employees were f thanked for what they do. Last year’s winner fire department existed in the region, making of the award was Fire Chief Mitch Carmack. TRIBUTE TO NORTHWEST the Vienna Volunteer Fire Department the first Alan P. Hall noted these public servants GUILFORD HIGH SCHOOL of its kind in Fairfax County. It also acquired work around the clock in Mulberry, working the first motorized fire protection in Fairfax evenings, nights, weekends and holidays to County: a 1919 Model T Ford truck. help keep the City safe. HON. HOWARD COBLE The Vienna Volunteer Fire Department ex- He said life is short and we need to respect OF NORTH CAROLINA emplifies the success that can be achieved by each other and the job each other has to do. Among Legion family officers helping IN THE HOUSE OF REPRESENTATIVES volunteerism. Working together with Fairfax thank Mulberry Police and Fire and City of- Tuesday, June 3, 2003 County Fire and Rescue Department career ficials were present Commander of the Le- staff, volunteers provide professional emer- gion, Jerry Mitchell, Barbara Caruthers, Le- Mr. COBLE. Mr. Speaker, Northwest Guil- gency response capabilities to the Town of Vi- gion Auxiliary Chaplain, John Jennings of ford High School has a reputation throughout enna and surrounding Fairfax County. Sup- the Mulberry SAL, and Frank Pierce sang North Carolina as an excellent academic insti- ported primarily by citizen donations and de- patriotic music to add to the occasion. tution. As the winner of North Carolina’s ‘‘We partmental fundraising activities, the depart- Among City officials in attendance recog- the People: The Citizen and the Constitution’’ ment was able to stay up-to-date by pur- nized were ex-Mayor Sam and Lou Eva competition, Northwest Guilford has once chasing over $500,000 worth of equipment in McLaughlin, City Manager Patricia Jackson, again proven itself as a first-rate academic in- Commissioner Jerry and Judy Woods; Com- 2002. The volunteers attend fire and medical missioner Jim and Flo Splaine and Commis- stitution. Upon winning the North Carolina training courses and host public education sioner Julian and Felicia Mullis. competition, a group of Northwest students in- events during Kids Safety Week and Fire Pre- SHERIFF CROW WAS FEATURED SPEAKER structed by Mr. Ray Parrish went on to com- vention Week. Main dinner speaker was Polk County pete at the national competition held in Wash- In our nation’s time of need on September Sheriff Lawrence Crow Jr. who spoke about ington, DC. The ‘‘We the People’’ program 11, 2001, the Fairfax County career staff as- how ‘‘everything changed’’ in law enforce- provides a forum in which high school stu- signed to Vienna were deployed to the Pen- ment and in this country on September 11. dents are tested and challenged on their tagon to assist with fire and rescue operations.

VerDate Jan 31 2003 06:26 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.004 E03PT1 June 3, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1107 To help cover both Vienna and other areas in terpart, in a medical exchange program in the For his Eagle Scout project, Sam organized Fairfax County during their absence, the vol- United States. Dr. Spirakis and his wife, both a project to clean and paint fire hydrants in unteers staffed additional emergency medical audiologists, have made several visits to Kearney, Missouri. He painted them bright yel- units, playing a vital role in helping our com- Moldova, consulting and treating more than low to improve appearance and most impor- munity to cope with the crisis. 170 children. tantly, so they could be easily seen in a time Today, the Vienna Volunteer Fire Depart- In 2001, Dr. Spirakis founded the Moldovan of emergency. ment consists of over 50 active volunteer fire- Children’s Audiology Foundation (MCAF) and Mr. Speaker, I proudly ask you to join me in fighters, EMTs and administrative personnel. provided financial and technical support for the commending Samuel Welsh Johnsen for his The membership also includes 13 Life Mem- establishment of the Hearing Protection Cen- accomplishments with the Boy Scouts of bers, each having served 20 years or more, ter in the city of Belts, Moldova. America and for his efforts put forth in achiev- and some having served more than 60 years. The Center provides hearing and medical ing the highest distinction of Eagle Scout. Their dedication to public service has been services for children with disabilities and oper- f selfless, consistent, and invaluable to the re- ates a medical care unit fully equipped, gion. Fairfax County is truly indebted to the through Dr. Spirakis’s support, to solve chil- A PROCLAMATION RECOGNIZING assistance provided by the Vienna Volunteer dren’s hearing problems. HANNAH AVERY Fire Department. I ask that my colleagues join Dr. Spirakis has personally provided training me in congratulating these outstanding individ- to his Moldovan counterparts at the Center, HON. ROBERT W. NEY uals on their century of service. Dr. Iurii Lobeev and Dr. Victor Vrabie, and has OF OHIO assisted them in traveling to Lakeland and IN THE HOUSE OF REPRESENTATIVES f throughout the State of Florida to learn Amer- Tuesday, June 3, 2003 A PROCLAMATION RECOGNIZING ican techniques for treating disabled children, SONYA MCLAUGHLIN developing their capacity to perform Mr. NEY. Mr. Speaker, Whereas, Hannah audiograms for children, choose treatment Avery has devoted herself to serving others HON. ROBERT W. NEY strategies, and provide other operations that through her membership in the Girl Scouts; were previously only available in a specialized and OF OHIO hospital in Chisinau, the capital. Whereas, Hannah Avery has shared her IN THE HOUSE OF REPRESENTATIVES Through the combined efforts of the United time and talent with the community in which Tuesday, June 3, 2003 States Agency for International Development she resides; and Whereas, Hannah Avery has demonstrated Mr. NEY. Mr. Speaker, Whereas, Sonya (USAID), the U.S. Department of State, the a commitment to meet challenges with enthu- McLaughlin has devoted herself to serving MCAF, and Counterpart International, a con- siasm, confidence and outstanding service; others through her membership in the Girl tainer of medical equipment, consumables, and Scouts; and school supplies, and furniture, valued at nearly Whereas, Hannah Avery must be com- Whereas, Sonya McLaughlin has shared her $48,000, was delivered to the Hearing Protec- mended for the hard work and dedication she time and talent with the community in which tion Center on October 1, 2002. With this delivery, the Center now has a state-of-the-art put forth in earning the Girl Scout Gold Award; she resides; and Therefore, I join with the Girl Scouts, the Whereas, Sonya McLaughlin has dem- audiology clinic and provides services to the city of Belts and throughout the surrounding residents of Kingston and the entire 18th Con- onstrated a commitment to meet challenges gressional District in congratulating Hannah with enthusiasm, confidence and outstanding rural areas. The Center provides services to a larger number of constituents including new- Avery as she receives the Girl Scout Gold service; and Award. Whereas, Sonya McLaughlin must be com- born children, veterans, and pensioners with mended for the hard work and dedication she hearing disabilities. f put forth in earning the Girl Scout Gold Award; The U.S. Agency for International Develop- 100TH ANNIVERSARY OF Therefore, I join with the Girl Scouts, the ment’s Bureau for Europe and Eurasia will be CONGREGATION B’NAI ABRAHAM residents of Chillicothe and the entire 18th honoring Dr. Gregory Spirakis at a dinner on Congressional District in congratulating Sonya Tuesday, June 17, 2003 to recognize his efforts to improve the lives of people around the HON. PHIL ENGLISH McLaughlin as she receives the Girl Scout OF PENNSYLVANIA Gold Award. world and salute his continued commitment to foreign assistance. I would like to congratulate IN THE HOUSE OF REPRESENTATIVES f Dr. Spirakis for his work and express my Tuesday, June 3, 2003 SALUTE TO DR. GREGORY thanks to him for his dedication and commit- Mr. ENGLISH. Mr. Speaker, I rise today to SPIRAKIS ment to children around the world. recognize and honor the 100th anniversary of f the founding of Congregation B’nai Abraham HON. ADAM H. PUTNAM RECOGNIZING SAMUEL WELSH in Butler, Pennsylvania. Such a landmark OF FLORIDA JOHNSEN FOR ACHIEVING THE event exemplifies a foundation based on both IN THE HOUSE OF REPRESENTATIVES RANK OF EAGLE SCOUT strength and unity. I wish the B’nai Abraham Tuesday, June 3, 2003 Congregation growth and prosperity. HON. SAM GRAVES In the year 1903, 25 Jewish families resid- Mr. PUTNAM. Mr. Speaker, when Dr. Greg- ing in the Butler community elected Abraham OF MISSOURI ory Spirakis’ 14-month-old baby, Petey, devel- H. Goodman to serve as their spiritual leader IN THE HOUSE OF REPRESENTATIVES oped meningitis, the child was given anti- and guide them in the Jewish traditions. That biotics and recovered fully. When 14-month- Tuesday, June 3, 2003 same year, the first service was held to com- old Andre Chionizilli of Balti, Moldova, devel- Mr. GRAVES. Mr. Speaker, I proudly pause memorate the first Jewish High Holiday, Rosh oped meningitis, he lost his hearing because to recognize Samuel Welsh Johnsen, a very Hashona, at the Knights of Pythias Hall, now he had no access to antibiotics. special young man who has exemplified the the Reiber Building in Butler. To help children like Andre, Dr. Spirakis, a finest qualities of citizenship and leadership by The congregation was officially deemed constituent of mine from Lakeland, Florida, taking an active part in the Boy Scouts of Congregation B’nai Abraham after obtaining a began a humanitarian mission in Moldova, one America, Troop 135, and in earning the most charter from the Common Pleas Judge James of the former Soviet Republics. Dr. Spirakis prestigious award of Eagle Scout. M. Galbreath in 1906. Over time Butler’s Jew- has made two more trips to Balti, one of the Sam has been very active with his troop, ish community flourished and eventually es- cities of Lakeland’s Sister Cities. participating in many scout activities such as tablished a large sanction and school facilities During the second trip in August 2000, Dr. the H. Roe Bartle Scout Reservation for six on Butler’s North Main Street, which remains Spirakis, with financial support from the First years. Over the six years he has been in- its home today. Aviation Sertoma club of Lakeland, brought volved in scouting, he has earned 29 merit During the 4th of July weekend, Congrega- 115 hearing aids and 90 pounds of antibiotics badges. Additionally, Sam has held numerous tion B’nai Abraham will celebrate its 100th an- and started a mobile audiology program. leadership positions in his troop and has been niversary and renew the relationships of both Dr. Spirakis began traveling to Moldova to honored for his numerous scouting achieve- past and present members. treat hearing-impaired children in 1997 after ments with such awards as the Firebuilder in Mr. Speaker, I hope my colleagues will join meeting Dr. Iurii Lobeev, his Moldovan coun- the Tribe of Mic-o-Say. me in congratulating the Congregation B’nai

VerDate Jan 31 2003 06:26 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.008 E03PT1 E1108 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2003 Abraham on their 100th anniversary. And as national law and repeated strong representa- and sophisticated for his age. He was also an they often say in the opening prayer of a Jew- tions by the United States and other con- accomplished athlete; he spent time during ish mass, ‘‘Ma Tovu Ohalecha, Mishknotecha’’ cerned parties. This action also reversed long- high school playing rugby and was active in or ‘‘How goodly are thy tents, thy dwelling standing Nepalese tolerance toward Tibetan other outdoor activities. places.’’ asylum seekers, which in the past has allowed Mr. Speaker, Lance Corporal Smith joins the f access to ‘‘persons of concern’’ by local offi- 137 other proud and distinguished Americans cials of the United Nations High Commissioner who have made the ultimate sacrifice—these APPOINTMENT OF CONFEREES ON for Refugees. wonderful men and women gave their lives in H.R. 2, JOBS AND GROWTH REC- According to the Department of State, our defense of freedom, a freedom we all too ONCILIATION TAX ACT OF 2003 Embassy in Kathmandu has informed the often take for granted. Nepalese Government at the highest levels May God bless the family of Lance Corporal SPEECH OF about this specific incident. The status of Ti- Smith during this difficult time, and may they HON. SUE W. KELLY betan refugees in Nepal is a long-standing experience the prayers and thanks of a grateful nation. May they rest upon the promise of OF NEW YORK issue of concern to both the Executive Branch Jeremiah 31:13, ‘‘I will turn their mourning into IN THE HOUSE OF REPRESENTATIVES and Congress, and is often raised by Amer- ican officials in Kathmandu. In addition, senior gladness. I will give them comfort and joy in- Thursday, May 22, 2003 stead of sorrow.’’ U.S. officials recently met with Nepalese and Mrs. KELLY. Mr. Speaker, as chair of the Chinese officials to raise our strong concerns f House Financial Services Subcommittee on about this issue. PAUL WOLFOWITZ SHOULD LEARN Investigations and Oversight, I would like to The United Nations High Commissioner for FROM THE TURKISH MILITARY spend a moment discussing the Economic Refugees has stated that the forcible return of ABOUT DEMOCRACY Growth Package and the work that was done the 18 Tibetans to China without a status de- by Chairman THOMAS, other members of the termination constituted refoulement (forced re- HON. BARNEY FRANK Ways and Means Committee, the Republican turn), which is in fundamental contravention of OF MASSACHUSETTS Leadership and, of course, the White House. well-accepted international norms. Congress IN THE HOUSE OF REPRESENTATIVES The subcommittee I chair was very interested joins with the Executive Branch in condemning Tuesday, June 3, 2003 in several aspects of the legislation and we the behavior of the Government of Nepal and conducted a hearing earlier this year to deter- senior Chinese diplomats for their role in forc- Mr. FRANK of Massachusetts. Mr. Speaker, mine the extent of the impact of the dividend ibly returning the asylum seekers to China. In before we went on recess, I came to the floor exclusion. The final product that has passed the strongest terms, we urge Nepal to cease of the House to express my deep dismay at the House of Representatives will go a long this inhumane conduct and return to its pre- the disregard for fundamental democratic prin- way towards giving sectors of our economy vious long-term practice of allowing Tibetans ciples shown by Deputy Secretary of Defense the shot in the arm so necessary. to seek protection in Nepal for onward reset- Paul Wolfowitz. In an interview he gave on Numerous business groups have been part tlement. May 2 aimed for broadcast in Turkey, Sec- retary Wolfowitz repeatedly criticized the Turk- of the process and I want to acknowledge the f testimony of the National Association of Home ish military for not having intervened in par- Builders before my subcommittee on the presi- IN MEMORY OF LANCE CORPORAL liamentary deliberations with sufficient strength dent’s package and their contribution in sup- MATTHEW SMITH when the question of Turkish participation in porting the overall effort. I am also aware and the war in Iraq came up. I believed then and want to acknowledge the effort of the home HON. MIKE PENCE now that this appalling call on the Turkish military to violate fundamental democratic norms builders in working with the administration in OF INDIANA was particularly disturbing because there are the same manner, particularly the Department IN THE HOUSE OF REPRESENTATIVES of Treasury. I very much appreciate their ex- few things more important to the stability of Tuesday, June 3, 2003 pertise, economic research and analysis to en- the world than the effort now going on in Tur- sure that no part of the legislation had any un- Mr. PENCE. Mr. Speaker, it is with equal key to show that people who are religious intended consequences for low income hous- amounts of profound pride and sympathy that Muslims can preside over a fully democratic regime. While many of us would like to hope ing. As a result, we are now able to pursue an I come to the floor this morning. I rise to honor that this could be taken for granted, the recent economic stimulus plan that is good for all a noble American . . . Lance Corporal Mat- history of the Middle East argues to the con- segments of the housing industry and all seg- thew R. Smith, a Marine Corps reservist from trary and that is why supporting the Turkish ments of the economy of these United States. Anderson IN, who was killed Saturday, May government in its effort to implement democ- For the past two years, home building has 10, while serving his country in Kuwait. Lance Corporal Smith lost his life in a vehicle colli- racy is so important. been a leader in moving America’s economy Secretary Wolfowitz in his interview criti- sion while running supply missions between forward. Where many sectors of the economy cized the Turkish military for not speaking out Iraq and Kuwait. Lance Cpl. Smith was just 20 have faltered, housing has remained a source to influence the Parliament, and when the of strength. Enactment of the economic stim- years old. He is survived by his father David, interviewer pointed out to him that the Turkish ulus package that is about to emerge from this his mother Patricia, and by his brother Mason. military had in fact done that, he repeated his Congress will ensure that housing continues to Lance Corporal Smith was assigned to De- criticism by saying that they had not done it create the jobs and stimulate the economic tachment 1, Communications Company, Head- with enough strength. Telling a military in a growth that are needed to restore full pros- quarters and Service Battalion, 4th Force democratic government that it should more perity for our nation’s families and businesses. Service Support Group based in Peru, IN, an strongly be expressing its views to elected offi- f outfit he had served selflessly and coura- cials demonstrates a misunderstanding of de- geously since enlisting in June of 2001. mocracy in general, and a particular insen- CONDEMNING NEPAL’S FORCED Lance Corporal Smith’s father David said sitivity to the implications of such statements EXPULSION OF TIBETANS TO that his son had an intense love for the Corps, in a country—Turkey—where there had been CHINA and his fellow Marines. Mr. Smith told the Indi- a history of military coup that many are trying anapolis Star, ‘‘How many people on this to overcome. HON. JAMES A. LEACH Earth die doing the job they know they were Subsequent to my comments, I learned of a OF IOWA put here to do.’’ His Aunt Vicki added, ‘‘He statement made by General Hilmi Ozkok, IN THE HOUSE OF REPRESENTATIVES died doing what he believed in.’’ Chief of the Turkish General Staff, in which he Lance Corporal Smith was a student of his- responded to those who had been critical of Tuesday, June 3, 2003 tory—he was enrolled at Indiana University the military. While his comments pre-date the Mr. LEACH. Mr. Speaker, on May 31st in before he was called to active duty—an inter- interview given by Mr. Wolfowitz, this reads as Kathmandu the Government of Nepal turned est he vigorously embraced in his free time, in if he were in part responding to the Deputy over to senior diplomatic representatives of the classroom, and as a member of the Social Secretary, and in fact he may have been the People’s Republic of China 18 Tibetan Studies Academic Team. His school teachers doing so because it would not surprise me if asylum seekers, including several minors, to recall a young man often expressing blunt, Mr. Wolfowitz had made these criticisms di- be forcibly repatriated to China. In so doing, straight-forward and in-your-face viewpoints rectly to the Turkish military before going pub- the Nepalese authorities flouted both inter- which they always found to be well researched lic with them.

VerDate Jan 31 2003 06:26 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.013 E03PT1 June 3, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1109 The contrast between the interview with now to work with the Americans to build statement released on that meeting. If the Deputy Secretary Wolfowitz—the relevant por- that in Iraq. Let’s seize that opportunity and MGK had issued a recommendation at the tions of which I am going to re-print here—and do everything we can as Turks to support it. time the motion was being taken up at the CNN TURK. But if you make a prognosis of TBMM and before a decision was made, it the statement by General Ozkok is striking, what went wrong earlier, since you men- would have meant putting the pressure on and I am sad to see the head of the Turkish tioned for example the military the tradi- the TBMM to pass the motion. This would General Staff showing a far better under- tional institution which had strong connec- not have been democratic and not in line standing of the role the military should play in tions to the United States did not play a with the Constitution. a democracy than the Deputy Secretary of De- leadership role, so for the future to repair In reply to another issue on the agenda fense of the United States. As General Ozkok the relationship and bring it back to its that concerns whether the military feels un- points out, ‘‘the military did not think it would original level that means that you have to easy about the motion, I say: No. We did not be beneficial to share its views on such a crit- need a leadership role to be played by those feel uneasy about the motion. This question who haven’t played it. What kind of a role ical issue with the press and public. It ex- was raised after a newspaper headline said the military might have because after all the that the military is uneasy. This report be- pressed all its views clearly and openly, how- military is not working in Turkey’s par- longs to the journalist and his source, if ever, at the state summit, the National Secu- liament political parties [inaudible]? And there is any. As you know, the General Staff rity Council, and in all of the meetings; which they have been criticized by getting involved denied this report the same day. were chaired by our Prime Minister, govern- in politics. When I became the chief of the General ment members and pertinent organizations WOLFOWITZ. I’m not suggesting you get in- Staff, I issued a statement saying clearly and institutions.’’ volved in politics at all. I mean, I think, all that only I can issue statements on behalf of General Ozkok goes on to say ‘‘the Iraqi I’m saying is that when you had an issue of the TSK, and under my orders the deputy Turkey’s national interest and national chief of the General Staff and the secretary issue is a vital and multifaceted issue. The strategy I think it’s perfectly appropriate, military is concerned with the security dimen- general. It would have been better if this re- especially in your system, for the military to port was not reflected as the view of the sion of this issue and expresses its views and say it was in Turkey’s interest to support TSK. puts forward suggestions on this aspect only. the United States in that effort. I have to say openly that the TSK has a As all of you will appreciate, a decision on CNN TURK. Didn’t they say that? single coordinated, thoroughly studied, ra- such an issue calls for political, economic, so- WOLFOWITZ. I don’t know. My impression is tional, and collective view. they didn’t say it with the kind of strength cial and judiciary dimensions as well. We as Another issue concerns turning the Iraqi that would have made a difference. But look the military do not think we know best. Con- issue into an issue of yes or no to war. I lets not dwell too much on the past. sequently we could have paved the path to would like to express my views on this issue. There are reports that 94 percent of the pop- misinterpretations if we had issued statements STATEMENT BY GENERAL HILMI OZKOK, CHIEF ulation said no to war. This is wrong, 100 per- to the public on the security aspects only.’’ OF THE TURKISH GENERAL STAFF, IN ANKARA Most crucially, referring to the MGK—the cent of the population said no to war and is The first question I will answer to is why against war. The military, in turn, is the one National Security Council of Turkey which con- the military is silent. I am asked this ques- who is the most against the war because it sists of five military and nine civilian mem- tion very frequently. I would like say openly knows the extent of the violence in a war. bers—General Ozkok says ‘‘as you know, the that the military is not silent; however, the It is obvious that we will sustain great MGK issues recommendations to the govern- military did not think it would be beneficial damages if a war begins, regardless of Tur- ment according to the Constitution, not to the to share its views on such a critical issue key’s stand. We will sustain political, eco- TBMM (the Parliament)... if the MGK with the press and public. It expressed all its nomic, and social damages in addition to the had issued a recommendation at the time the views clearly and openly, however, at the damage to our security. state summit, the National Security Council motion was being taken up at the TBMM (the [MGK], and at all the other meetings; which [Second and final part of statement by Gen- Parliament) and before a decision was made, were chaired by our prime minister, govern- eral Hilmi Ozkok, chief of the Turkish General it would have meant putting the pressure on ment members, and pertinent organizations Staff, in Ankara—recorded on 5 March] the TBMM to pass the motion. This would not and institutions. In addition, the views of The current reality is that Turkey does have been democratic and not in line with the the Turkish Armed Forces [TSK] were ex- not have the possibility or the capability to Constitution.’’ pressed clearly to all the heads of state, who prevent the war single-handedly. In actual Mr. Speaker, I wish Paul Wolfowitz under- visited me or called me on the phone. fact, this is the duty of the entire world and not of Turkey alone. The entire world is ex- stood this fundamental aspect of democracy It goes without saying that we had our reasons for not issuing statements to the press erting efforts to prevent this war. We are as well as the head of the Turkish General and public. The Iraqi issue is a vital and obliged to continue our efforts in that direc- Staff. I ask that the sadly contrasting views of multifaceted issue. The military is con- tion. My wish is that a war will be prevented. the role of the military in a democracy ex- cerned with the security dimension of this We, however, could base our calculations on pressed by Deputy Secretary Wolfowitz and issue and expresses its views and puts for- a supposition, the supposition that a war General Ozkok be printed here. ward suggestions on this aspect only. As all would not break out. We had to calculate CNN TURK. Which traditional alliance are of you will appreciate, a decision on such an what had to be done in the event of a war. On you talking about? issue calls for political, economic, social, this issue, our choice was, unfortunately, not WOLFOWITZ. Well I think you know which and judiciary dimensions as well. We, as the between what is good and what is bad, but ones I mean but I think particularly the military, do not think we know best. Con- rather what is bad and worse. We will either military. I think for whatever reason they sequently, we could have paved the path to remain totally outside the war, or we will as- did not play the strong leadership role on misinterpretations if we had issued state- sist those waging the war, thus participating that issue that we would have expected. But ments to the public on the security aspect in the process. These two modes of action I think the bigger disappointment has to do only. This is the reason for our silence. have, for months, been systematically stud- with the general failure of the Turkish pub- I suppose that people are curious as to the ied in coordination with all the establish- lic reflected also in the government, about stand of the TSK. I have to say openly that ment and institutions. Let us reduce the what the stakes were in Iraq and that here the view of the TSK is the same as the gov- issue to a simple level. If we do not partici- you have a neighbor with an overwhelmingly ernment and as reflected in the motion sub- pate at all, we shall still sustain the same Muslim population where the people were mitted to the Turkish Grand National As- damages to be caused by a war. It will, how- suffering under one of the worst dictators in sembly [TBMM]. Everything in this process ever, be impossible to be compensated for the world. And one would have thought that evolved in line with a democratic process these damages, and we shall not have a right Muslim solidarity would have led people to and as should be in a modern country. We of say in the aftermath of the war. If, how- say lets help the Americans liberate these should get used to this. ever, we choose the second alternative and people and that isn’t what happened. Another issue concerns the reason why an assist those waging the war, we believe that Okay, that’s past. We are now in the advisory decision was not adopted at the last then part of the damage might be com- present and future. The present and future is MGK meeting. I did not hear that such a pensated, we shall be able to extend humani- there’s a spectacular opportunity in Iraq to wish was submitted to the MGK. The MGK tarian aid to the refugees in north Iraq with- help these newly liberated people achieve consists of five military and nine civilian out participating in the war, the war will be their real potential and I think that’s what members. The MGK meeting was being held shorter because a northern front will be we need to work on together, Turkey and at the time the government motion was opened, the pain and suffering will be less, United States and I think what Turkey needs taken up at the TBMM and a decision was we will not be faced with unexpected devel- to do is look into its democratic soul and not made yet. As you know, the MGK issues opments, and the number of dead will be less. say, yes we believe in democracy, we believe recommendations to the government accord- We were going to return after having ful- in democracy for Muslims and Arabs. There’s ing to the Constitution, not to the TBMM. filled our duty without firing even a single an opportunity now, whatever happened in At the MGK meeting on January, the MGK bullet. Had we been forced to intervene in the last few months, there’s an opportunity made a clear suggestion as noted in the press unexpected developments, then those waging

VerDate Jan 31 2003 06:26 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A03JN8.018 E03PT1 E1110 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2003 the war would not have opposed this inter- This economic sinkhole is caused by harm- For these reasons, today I, along with like- vention. All these factors and other issues ful non-native species, also referred to as minded Members who are similarly concerned were noted in a document and, to a certain invasive or nuisance species; an issue which about invasive species, are reintroducing leg- extent, were guaranteed. The economic aid was requested not as the price for our co- last year catapulted into the public eye with islation to protect, conserve and restore our operation, but as a partial compensation on the larger-than-life Northern Snakehead fish in native fish, wildlife and their habitats by ad- the part of those waging the war for the a Maryland pond. But it took a predatory fish dressing the threat of harmful invasive species damage we will be sustaining. We were not that can walk on land, with enough charisma where it matters most—at the local level. after a payment for the assistance we would to make it onto David Letterman’s late night The Species Protection and Conservation of be extending. Top Ten List, to get the American public to fi- the Environment Act, or SPACE Act, would The Turkish Grand National Assembly nally sit up and take notice. [TBMM] has not endorsed the government provide the missing link in existing efforts to As Aldo Leopold said: ‘‘A thing is right when motion which was in harmony with this rea- combat the destructive invasion of some of it tends to preserve the integrity, stability, and soning. The TBMM is the representative of our most valuable natural areas by harmful beauty of the biotic community. It is wrong the nation. Sovereignty belongs uncondition- non-native species. Save for a couple of really to the people. We only have respect for when it tends otherwise.’’ This then sums up this decision. My wish is that this mode of the silent warfare that is being perpetrated finements, this bill is identical to legislation reaction, which we chose in a bid to avoid war, against our economy, our fish and wildlife and ported by the Resources Committee last year. will not force us to take certain actions with our native species of plants—threats by Specifically our legislation would: those waging the war as the opposition. invasive species. As for the question on what will happen Provide grants to States to write State-wide now that the motion is not endorsed, may For instance, my home State of West Vir- assessments to identify exactly where their our lofty people be tranquil. The Turkish Re- ginia is relatively small in terms of land mass, native species are being threatened by harm- public is a great and strong state with rooted but vast in the opportunities it affords anyone ful nonnative species and where cooperative traditions. Every complicated problem has a who seeks to enjoy wildlife-based outdoor control efforts should be focused; simple solution. All the authorized organs recreation. Yet, this traditional and important Encourage the formation of voluntary, lo- and institutions are assessing the issue in sector of my State’s economy is under siege cally-based partnerships among Federal land line with the new situation. A solution that by harmful non-native space invaders. Accord- will best safeguard and implement our na- management agencies and non-Federal land ing to a report focusing on West Virginia that tional interests will certainly be found. and water owners and managers through the was just released by the Union of Concerned Now I would like to address the leaders in competitive Aldo Leopold grant program and north Iraq. We are the slaves of our geog- Scientists: encourage the use of innovative technology to raphy. We have no other place to go, nor do State and Federal agencies have spent control invasive species; we have other friends and neighbors to be- more than $18 million since 1983 to control friend. Our peoples are connected with fam- the European Gypsy Moth in West Virginia, a Create a legislative authority for the National ily ties. We were next to them during their voracious forest pest that kills trees and dra- Invasive Species Council; most troubled times. They are well aware of this fact. We never deceived them, we never matically hurts the timber industry; Authorize a Federal-level rapid response ca- lied to them. Together we accomplished The balsam fir tree, on the state list of rare pability for an incipient threat; and work that was beneficial for both sides. plants, is being infected by a small insect, the Those who forget the past will become the balsam wooly adelgid, which sucks the tree’s Provide funds for long term monitoring of bad architects of the future. What has hap- sap, thereby killing it. This tree is a unique control project sites so that we can learn by pened now to cause this anti-Turkey atmos- species for my State, and unless drastic experience what strategies and techniques are phere and all these bitter statements? The measures are taken, it will be completely most effective at controlling harmful non-native Turkish flag is being burned. We are a noble species. and honorable nation that did not burn the wiped out by this insect; and flags of the countries that occupied our In a continuation of the plight of the Great The bill I introduce today augments last country even when we defeated them. I re- Lakes, the zebra mussel has found its way to year’s legislation in that it would provide a mind them about our right for legitimate de- West Virginia. So far, the zebra mussel is re- statutory authorization for the National fense derived from our national interests, sponsible for the Federal listing of five species Invasive Species Council, established in 1999 and I hope that they will be moderate and of mussel in the Ohio River, not to mention by Executive Order 13112. In codifying the cooperative. Those who prefer to replace economic and public health impacts from its Council, this legislation seeks to strengthen peace with clashes will also have to shoulder its outcome and its responsibility. clogging of municipal and industrial water in- and make permanent the Federal interagency Esteemed media members, my last word is take pipes and outfalls. cooperation necessary for the management of directed to you. Please make sure that in These are only select examples that illus- invasive species. The Council is responsible this critical period, your reports are correct, trate the kinds of problems West Virginia faces for coordinating the implementation of the Na- that your assessments are based on suffi- as the result of invasive species. Unfortu- tional Management Plan—‘‘Meeting the cient facts, and that you do not make errors nately, there are over 1,000 non-native spe- Invasive Species Challenge.’’ that might damage our national interests. I cies in West Virginia, over 300 of which are extend my deepest respect to all of you. I In the development of this legislation, I have known to cause environmental and economic thank you all. worked with a number of environmental and damage. In my view, we have an obligation to science organizations including the newly f our natural heritage to protect, conserve and formed National Environmental Coalition on restore native species from these ‘‘space in- INTRODUCTION OF THE SPECIES Invasive Species, which includes the American vaders.’’ PROTECTION AND CONSERVA- Lands Alliance, the Center for International While there are a number of initiatives al- TION OF THE ENVIRONMENT ACT Environmental Law, Defenders of Wildlife, En- ready in place aimed at combating invasive vironmental Defense, Environmental Law Insti- species, there is a void in existing statutes. No HON. NICK J. RAHALL II tute, Great Lakes United, the International current law is directly designed to protect and OF WEST VIRGINIA Center for Technology Assessment, National conserve our native species from harmful non- IN THE HOUSE OF REPRESENTATIVES Wildlife Federation, National Wildlife Refuge native species at the Federal or any other Association, The Nature Conservancy, and the Tuesday, June 3, 2003 level. There are laws addressing harmful non- Union of Concerned Scientists. These organi- Mr. RAHALL. Mr. Speaker, unbeknownst to native species, but mainly through prevention, zations, along with Audubon, the Aldo Leopold many Americans lurks a drain on our economy including the National Invasive Species Act, Foundation and American Fisheries Society, estimated to be greater than $100 billion an- the Alien Species Prevention and Enforcement nually and growing, a drain that goes un- Act, the Federal Plant Pest Act, the Plant Pro- are also offering their strong support for my checked and relatively unpublicized because it tection Act, and the Federal Noxious Weed legislation. is not glamorous. Yet, this drain is spreading, Act. Most Federal funding presently goes to I look forward to working with all interested continually invading our natural spaces and protect production agriculture with little allo- parties as well as the members of the Re- crowding out our native flora and fauna—in cated to assist States and local communities sources Committee to facilitate the enactment West Virginia, across Appalachia and beyond. directly. of this important legislation.

VerDate Jan 31 2003 06:26 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A03JN8.022 E03PT1 June 3, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1111 POEM BY DULCE MURILLA OF SAN X-ray capabilities, and pharmacy. In his clinic has furthered his education through post- LEANDRO HIGH SCHOOL he treated everything from broken bones and graduate courses in Public Administration at car accidents to delivering babies. San Diego State University. HON. FORTNEY PETE STARK In 1969 he moved to Turlock, California Choosing to move to sunny Imperial Valley OF CALIFORNIA where he joined the office of Drs. Stanley of California, Abdel became Assistant Finance IN THE HOUSE OF REPRESENTATIVES Todd and Hugh Washburn. As a general phy- Director of El Centro in 1973 and was pro- sician and surgeon, Dr. Mitchem was able to moted to Finance Director four years later. Tuesday, June 3, 2003 provide medical care for thousands of patients Then came an appointment in 1980 to Acting Mr. STARK. Mr. Speaker, I rise today to in the Central Valley at a time when there City Manager and to City Manager in 1981. share with you the wisdom of a student in my were few doctors in this area. He has also served as Executive Director of district. At one of my recent town meetings Not only is Dr. Mitchem widely respected as the city’s Redevelopment Agency and Execu- while we were discussing people’s concerns a very important and competent physician but tive Director of the Community Development with the President’s war with Iraq, teacher he is also widely respected in the community Commission. Karen Green rose to read a poem by ninth for all of his public service. In the past Dr. He has been involved in many roles in the grader Dulce Murilla of San Leandro High Mitchem has served as a board member to organizations and activities of Imperial Valley. School. the Stanislaus County Medical Society. Cur- He is past chairman of the Imperial Valley Sometimes we need to pause and listen to rently he serves as a member of the Board of Emergency Communications Authority, past our children—who often have meaningful in- Directors to the Stanislaus Foundation for chairman of the Imperial Valley City/County sights into even the world’s largest problems. Medical Care. Not only has he displayed an Managers Association, and a founding board I commend this poem to your attention. incredible amount of integrity and dedication to member of the Imperial Valley Economic De- It’s all ’bout the war in Iraq his colleagues, but he has worked to increase velopment Corporation. He served as sec- what are these dumb fools on crack?! the availability of medical services to patients retary/treasurer and president of the Optimist Don’t you see all the lives that have been throughout our community. Club and is past chairman of the Oratorical taken As a Medical Advisor to the Elness Con- Contest of Optimist International/Southern and how many souls have been taken valescent Hospital, the Bel Air Lodge, and the California District. I hate these moments in history Hale Aloha Convalescent Hospital, he has Abdel is also a member of the International Like they say life before your eyes demonstrated his commitment to seniors and City Managers Association, the California City And that our government is full of lies the important medical care they need. Managers Executive Committee, the Commu- And ask myself why Dr. Mitchem also serves his community as nity Redevelopment Agencies Association, why why Why a Board Member of the Creative Alternatives and the League of Cities Fiscal Reform Com- why all the pain Board. As a member of this board he helps mittee, as well as the League of California Cit- why all the tears run three separate programs in our commu- ies Committee on Diversity. all these fears that haunt us behind each cor- nity. These programs include a foster family I want to take this opportunity to thank ner agency, a residential care program, and non Abdel Salem for these many fine contributions this is all so complicated public schools. This board was established in to our community. Upon his retirement, he Did you hear that missile and did you hear that bomb 1976, and with Dr. Mitchem’s assistance, has leaves the City of El Centro a far better place. helped hundreds in our community. His dedi- He is joined in celebrating his accomplish- Imagine all the lives that have been taken and all those children without their parents cation to children, families, and seniors is as- ments by his wife, Samia, a teacher at South- can’t we have some peace tounding. Dr. Mitchem is truly an invaluable west High School, and his children, Sherif and and just stop the damn tease member of our community. Omneya, Salma, and Kareem. Sherif received Doesn’t it break your heart Mr. Speaker, on May 29th, as Dr. Kenneth his Bachelors’ Degree in Biology in 1998 from ’cause i feel my heart falling apart E. Mitchem’s friends and family gathered to USD and is currently employed at a biotech after each child that dies honor his years of incredible service to the company in Irvine as a microbiologist. and each woman that is burned medical community and his patients, he was Omneya, his wife, is an architect, and they re- I wish the soldiers would’ve thought and honored as the recipient of the John Darroch side in San Diego. In 2001, Salma received turned Memorial Award by the Stanislaus Medical So- her Masters’ Degree in Human Development turned back to their homeland to the USA ciety. His successes are considerable, and it and Psychology from Harvard University. But hey what’s there for me to say is a great honor for me to have the opportunity Kareem is Vice President of the Class of 2003 f to pay tribute to his contributions. I ask all my and an honor student at Southwest High colleagues to join with me in wishing Dr. Ken- School. HONORING DR. KENNETH E. neth E. Mitchem continued success in all of My best wishes go to Abdel Salem and his MITCHEM his future endeavors. family upon his completion of a fruitful and f noteworthy term as El Centro’s City Manager. HON. DENNIS A. CARDOZA He will be missed! HONORING MR. ABDEL SALEM OF CALIFORNIA f IN THE HOUSE OF REPRESENTATIVES IN RECOGNITION OF MATTHEW Tuesday, June 3, 2003 HON. BOB FILNER OF CALIFORNIA BRONFMAN Mr. CARDOZA. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES honor Dr. Kenneth Mitchem, who is one of the Tuesday, June 3, 2003 HON. CAROLYN B. MALONEY Central Valley’s most outstanding citizen lead- OF NEW YORK ers. As a doctor he has dedicated himself to Mr. FILNER. Mr. Speaker and colleagues, I IN THE HOUSE OF REPRESENTATIVES increasing the availability of medical services rise today to honor Mr. Abdel Salem on the to his community and as such he has touched occasion of his retirement as City Manager of Tuesday, June 3, 2003 many lives. As his friends and family gather to El Centro, California in my Congressional Dis- Mrs. MALONEY. Mr. Speaker, I ask my col- celebrate Dr. Mitchem’s numerous achieve- trict. Abdel was honored by his friends and leagues to join me in honoring Matthew ments, I ask all of my colleagues to join with colleagues at a Farewell Dinner on May 30, Bronfman for his numerous achievements dur- me in saluting his most accomplished career. 2003. ing his years of service to the 92nd Street Y. After Dr. Mitchem graduated from the Uni- A native of Facous, Egypt, near the Suez A dedicated and passionate philanthropist, Mr. versity of Health Sciences College of Osteo- Canal, Abdel was born into a farming family, Bronfman has long been a guiding force be- pathic Medicine he opened his practice in along with two brothers and two sisters. He hind the Y, one of New York City’s premier Mokane, Missouri. In 1957 he moved his prac- earned his Bachelor’s Degree in Business Ad- cultural institutions. tice to Camdenton, Missouri. There in the ministration from Alexandria University in Alex- The 92nd Street Y is a New York City land- midst of the Ozark Mountains he was the only andria, Egypt in 1965. Influenced by an uncle mark, having been in operation for nearly 130 full time doctor. With the nearest hospital 65 who had earned his Doctorate Degree from years. Founded in 1874, the Y has become a miles away he opened his practice as a clinic, the University of California at Berkeley, Abdel center for people of all races, ethnic back- two-bed emergency hospital, and birthing cen- came to North America in the early 1970s— grounds and religions to meet and participate ter. This clinic was complete with a laboratory, first to Toronto and then to New York City. He in activities ranging from concerts at the Tisch

VerDate Jan 31 2003 06:26 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.026 E03PT1 E1112 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2003 Center to pottery classes for children. Inspiring tribute to a true public servant. Gerald Catholic college, seven Catholic high schools, New Yorkers of all ages with its varied pro- Thygerson of Grand Junction, Colorado has and 54 Catholic elementary schools in the dio- grams and classes, the 92nd Street Y has spent 38 years improving the lives of ranchers cese. played a crucial role in maintaining the vitality and their livestock in the West. To commemo- Today, I would like to send my blessings to of the city. rate his retirement from the Bureau of Land Bishop Lucas and the entire Catholic Diocese A successful businessman and philan- Management, I would like to recognize his ef- of Springfield in Illinois for a joyous celebration thropist for many years, Matthew Bronfman forts here today. of their Sesquicentennial. joined the 92nd Street Y Board of Directors in Gerald joined the BLM after graduating with The Diocese will celebrate their year of Ju- September of 1991 and was elected its 42nd a Bachelor of Range Science Degree from bilee with a free fun-filled day on Saturday, President in May of 2000. His strong leader- New Mexico State University in 1966. He June 28, 2003 with a community mass that ship and vision have had an energizing influ- worked in the Range Management Program evening. The day will include activities for chil- ence in strengthening the 92nd Street Y. his entire career—first in Las Cruces, New dren, families, and seniors at the Illinois State The Bronfman family has also played a Mexico and then in Grand Junction, Colorado Fairgrounds. The day will conclude with a con- major role in the life of the Y by endowing, in beginning in 1973. After taking control of the cert from Aaron Neville. I would like to com- 1992, the Bronfman Center for Jewish Life. nascent Little Brookcliffs Wild Horse Range in mend the sponsors of the event who are mak- The Bronfman Center has become the focus 1981, Gerald greatly expanded the size, ge- ing this day possible for the hundreds of of the Y’s many programs involved with Jew- netic diversity, and overall quality of the herd Catholic families in the Diocese. ish education, outreach, family and holiday while simultaneously cutting costs. His suc- In closing, I would like to congratulate the planning. The Center sponsors lectures, reli- cess and ability to forge strong partnerships Diocese on their Jubilee 2003 Celebration and gious services, classes and workshops, all de- has brought him and the Little Brookcliffs wish them much success with their events. I signed to help the community explore Jewish Horse Range national attention. know every one who attends will feel renewed heritage and culture. Recent guest speakers Mr. Speaker, Gerald Thygerson has been in their faith and ready to begin the next 150 include Elie Wiesel and Yitzhak Rabin. responsible for numerous improvements that years with thanksgiving for all we have been A devoted father of six, Matthew Bronfman have enhanced both the quality of livestock given. God bless. is managing director of a private investment and public rangelands in the West. He has company, ACI Capital, and chairman of the In- f been an outstanding steward of our nation’s vestment Committee of the Challenge Fund, resources, and I thank him for his service to CONCENTRATION OF OWNERSHIP L.P. Mr. Bronfman is also a board member of the BLM. I wish him all the best in his retire- IN MEDIA many organizations including Tweeter Home ment. Entertainment Group, Earnest Partners, SPEECH OF Visiosonic, Palace Candles, The Canadian f Center for Architecture, and the Cardigan HON. JOE BACA TRIBUTE TO MARGARET AND OF CALIFORNIA Mountain School. ANDREW WYATT In recognition of his outstanding achieve- IN THE HOUSE OF REPRESENTATIVES ments and leadership, I ask my colleagues to HON. DONALD M. PAYNE Monday, June 2, 2003 join me in recognizing Matthew Bronfman, an Mr. BACA. Mr. Speaker, the Federal Com- accomplished businessman and a cultural OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES munications Commission voted along party leader. lines to put more power in the hands of a few f Tuesday, June 3, 2003 corporate giants at the expense of the Amer- PERSONAL EXPLANATION Mr. PAYNE. Mr. Speaker, I rise today to ican people. recognize Margaret and Andrew Wyatt as they If the FCC’s goal was to line the pockets of HON. STEVE ISRAEL celebrate their fiftieth wedding anniversary. On Disney, General Electric, AOL-Time Warner, OF NEW YORK May 17, 2003 the pair renewed their vows at Viacom, and News Corp. then I say to them IN THE HOUSE OF REPRESENTATIVES Greater Abyssinian Baptist Church in my ‘‘congratulations!’’ because they have suc- hometown of Newark, New Jersey. ceeded. Tuesday, June 3, 2003 Marrying at a very young age, Margaret and By allowing these corporate interests to own Mr. ISRAEL. Mr. Speaker, I was unable to Andrew have grown together over these past more newspapers, more TV stations, more be in Washington yesterday. Three recorded fifty years, enjoying times of great joy and radio stations, and more of our public air- votes were taken by the House; if I were here, happiness. Finding a special person and friend waves, we are taking this country down a dan- I would have voted as follows: to share your life with is one of the great joys gerous path. Rollcall No. 227: a motion to suspend the of life. The Wyatt’s have found that special We all learned at a young age that knowl- rules and pass H. Res. 159, a resolution Ex- bond and continue to grow and change to- edge is power. But now, the flow of knowledge pressing Profound Sorrow on the Occasion of gether. will be controlled by a handful of media giants. the Death of Irma Rangel. I would have voted Mr. Speaker, I know that my colleagues They will have almost total control of our ‘‘yea’’; here in the U.S. House of Representatives join news, information, and entertainment. Rollcall No. 228: a motion to suspend the me today in congratulating Margaret and An- They will determine what we get and when rules and pass H. Res. 195, a resolution con- drew on this wonderful occasion and in wish- we get it. gratulating Sammy Sosa of the Chicago Cubs ing them many more wonderful years together. They will determine what we see, read, and for Hitting 500 Major League Home Runs. I f hear. That is unacceptable! would have voted ‘‘yea’’; And why have they done this? Rollcall No. 229: a motion to suspend the TRIBUTE TO ROMAN CATHOLIC DI- They say that the rise of cable TV and the rules and pass H.R. 1465, a bill to designate OCESE OF SPRINGFIELD, ILLI- internet made the former rules obsolete. the facility of the United States Postal Service NOIS That’s the kind of conclusion you reach located at 4832 East Highway 27 in Iron Sta- when the only people you listen to are media tion, North Carolina, as the ‘‘General Charles HON. JOHN SHIMKUS moguls. Gabriel Post Office’’. I would have voted OF ILLINOIS Who is listening to the American people? ‘‘yea’’. IN THE HOUSE OF REPRESENTATIVES We have been shut out of the process. f In its haste to protect these company’s fi- Tuesday, June 3, 2003 PAYING TRIBUTE TO GERALD nancial interests, the FCC has failed to defend THYGERSON Mr. SHIMKUS. Mr. Speaker, I rise today to the public interest. pay tribute to the Roman Catholic Diocese of We must take action to right this wrong. Springfield in Illinois in honor of their Sesqui- If we do not, our media will have less local HON. SCOTT McINNIS centennial Celebration. content, less diversity of opinion, and fewer OF COLORADO The Springfield Diocese is home to approxi- opportunities for minority ownership. IN THE HOUSE OF REPRESENTATIVES mately 170,000 Catholics in 164 parishes. The It is time for the American people to stand Tuesday, June 3, 2001 diocese is also home to 145 diocesan priests. up and be counted. It is time for those who Mr. MCINNIS. Mr. Speaker, I have the dis- There are eight Catholic hospitals, one reli- represent the American people to do the tinct privilege to stand before this body to pay gious seminary, one Catholic university, one same.

VerDate Jan 31 2003 06:26 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A03JN8.029 E03PT1 June 3, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1113 PERSONAL EXPLANATION TRIBUTE TO MRS. BARBARA through the city. The city grew even larger HARRIS with the introduction of Route 66, the main HON. PETER DEUTSCH highway between Chicago and Los Angeles, as tourists and travelers alike became familiar OF FLORIDA HON. DONALD M. PAYNE OF NEW JERSEY with Litchfield. The highway still runs through IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Litchfield today, and still brings in tourists from all over the world. Tuesday, June 3, 2003 Tuesday, June 3, 2003 Today, Litchfield is known as the hub of Mr. DEUTSCH. Mr. Speaker, I was unavoid- Mr. PAYNE. Mr. Speaker, I rise today to Central Illinois. One hour from both St. Louis, ably absent from the Chamber today during recognize a wonderful woman and outstanding Missouri and Springfield, Illinois, it has be- rollcall vote No. 227, No. 228 and No. 229. educator, Mrs. Barbara Harris. Born in Phila- come the manufacturing and shopping center Had I been present, I would have voted ‘‘yea’’ delphia, Pennsylvania and a graduate of on all of these votes. Cheyney State College, Mrs. Harris has been of the area. Nineteen manufacturers, sales a resident of Newark, New Jersey since 1969. and distribution centers are housed in the f On June 13, 2003 at the Galloping Hill Inn city’s two industrial parks. Also, with a newly constructed high school, Litchfield seems PERSONAL EXPLANATION in Union, New Jersey, the Social Welfare Committee, the Bragaw Avenue School, family ready to continue its growth well into its next and friends will be honoring Mrs. Harris on the 150 years. Lincoln Land Community College HON. SOLOMON P. ORTIZ occasion of her retirement from the Newark now has a center in the town as well, and the OF TEXAS Public School System. future of the area looks bright. IN THE HOUSE OF REPRESENTATIVES Beginning her work as an educator in Phila- Litchfield’s first 150 years have been full of delphia, Mrs. Harris taught within the Philadel- growth. In celebrating its sesquicentennial this Tuesday, June 3, 2003 phia School System from 1962–1966. She year, the city shows great dedication both to Mr. ORTIZ. Mr. Speaker, I was unavoidably then moved to Newark and has taught in our its history and to the people of its present. detained due to official business as a member public school system since 1969. As a mem- Several events are planned for the week of of an official Congressional delegation trav- ber of the Education and the Workforce Com- the Fourth of July, and I wish the city and its eling to North Korea and was not present for mittee here in the U.S. House of Representa- people the best in celebrating this significant the following rollcall votes. Had I been tives and a former teacher, I am extremely ap- milestone. present, I would have voted as indicated preciative and proud of the hard work and below. dedication of educators such as Mrs. Harris. f Rollcall No. 227—‘‘yes’’; 228—‘‘yes’’; 229— In addition to her dedication within the ‘‘yes.’’ classroom, Mrs. Harris has also dedicated her- HONORING FANNIE DICKENS self to bettering the entire community. Volun- PETWAY f teering with the United Way, late New Jersey State Senator Winona Lipman, as well as HONORING MICHAEL HERTIG former Mayor Kenneth Gibson and Ralph HON. FRANK W. BALLANCE, JR. Grant she also has served on many local, HON. SCOTT McINNIS county and state committees for the Newark OF NORTH CAROLINA Teachers Association. OF COLORADO IN THE HOUSE OF REPRESENTATIVES A dedicated educator and citizen, Mrs. Bar- IN THE HOUSE OF REPRESENTATIVES bara Harris will certainly be missed within the Tuesday, June 3, 2003 Tuesday, June 3, 2003 Newark educational community. Mr. Speaker, I know that my colleagues here in the U.S. Mr. BALLANCE. Mr. Speaker, I rise today to Mr. MCINNIS. Mr. Speaker, I have the dis- House of Representatives join me today in sa- honor the life of Mrs. Fannie Petway, a native tinct pleasure to stand before this body of luting Mrs. Harris for her many years of edu- of Pinetop, North Carolina, who passed on to Congress today to recognize a American hero. cating our Nation’s children, wishing her the her reward Sunday, April 27, 2003 at the age Staff Sergeant Michael Hertig of the 3rd Infan- very best for the future. of 97. Mrs. Petway was a devoted parishioner try Division put himself in harms way to serve of Bethlehem Baptist Church of Rocky Mount, f his country during both campaigns on Iraqi North Carolina. She is survived by her loving soil. LITCHFIELD SESQUICENTENNIAL son Columbus Petway, and a host of other rel- At one stage during Operation Iraqi Free- atives. dom, Michael was leading his brigade back to HON. JOHN SHIMKUS Mrs. Petway’s doors were always open to headquarters. When he discovered an ex- OF ILLINOIS discuss family issues and she helped raise posed flank in the line, he placed his Bradley IN THE HOUSE OF REPRESENTATIVES many children and grandchildren. She would Fighting Vehicle in the middle of the gap, and keep them in awe with the many stories she engaged the enemy. Michael’s commanding Tuesday, June 3, 2003 told about her experiences on the farm where officer claimed that his actions saved the lives Mr. SHIMKUS. Mr. Speaker, I rise today to many of the children in her life spent their of at least 15 soldiers, as he personally es- recognize the city of Litchfield and honor its summers. The men in her family reflect fondly corted several military ambulances through sesquicentennial this year. when they would get a call from Fannie asking enemy territory. For these courageous actions, Said to be the highest point between St. them to stop by and get something to eat— Michael will receive the Silver Star; the third Louis, Missouri and Terre Haute, Indiana, and they would never say no, especially when highest military award designated solely for Litchfield was founded on August 24, 1853, wooed with her memorable peach cobbler and gallantry in action. Michael will also be pre- and was named after Electus Bachus coconut cake, in spite of the fact that their sented with the Purple Heart for injuries he in- Litchfield, the man that brought the railroad to wives had another meal waiting for them at curred when an Iraqi tank exploded next to his the area. The Terre Haute, Alton, and St. home. Mrs. Petway is preceded in death by Bradley Fighting Vehicle. While he has lost Louis railroad was essential to the develop- her daughter Annie Elizabeth Knight, her son some hearing in his right ear, Michael remains ment of early Litchfield, and the town rapidly Edward Petway, and daughters-in-law Eunice in high spirits. grew in size. Irene Petway and Madie Moore Petway. She Mr. Speaker, I cannot fully express my deep The village was incorporated in 1856, and was the loving and proud grandmother to sense of gratitude for the sacrifice and her- when the Civil War came five years later, seven granddaughters and seven grandsons. oism of this soldier and his family. Michael Litchfield was the first city in the state of Illi- should know that this sacrifice will not be for- nois to send men to fight for the Union. One Mrs. Petway’s gracious and warm smile will gotten; America will be in his debt. Michael company from Litchfield was used to help form be deeply missed along with the many won- has done all Americans proud and I know he the first regiment in the state of Illinois, the derful memories and recipes she has left be- has the respect, admiration, and gratitude of Seventh Illinois Volunteer Infantry. hind. The blessing of her warmth and love all of my colleagues here today. Thank you, After the Civil War, the discovery of oil, gas, have left a mark on those close to her and will Michael, for your dedication and service to this and coal in the area prompted more popu- be remembered vividly and fondly. My Nation. lation growth, and six railroads made their way thoughts and prayers are with her loved ones.

VerDate Jan 31 2003 06:26 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A03JN8.034 E03PT1 E1114 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2003 RELIEF TO MUNICIPAL UTILITIES would be significant, and they would ultimately THE GINSENG LABELING WHO ISSUE TAX EXEMPT BONDS be enjoyed by consumers. CORRECTION ACT f HON. JOHN M. SPRATT, JR. HONORING THE 25TH ANNIVER- HON. JOHN T. DOOLITTLE OF CALIFORNIA OF SOUTH CAROLINA SARY OF GLAD TIDINGS CHURCH IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OF GOD IN CHRIST Tuesday, June 3, 2003 Tuesday, June 3, 2003 Mr. SPRATT. Mr. Speaker, I rise today in HON. FORTNEY PETE STARK Mr. DOOLITTLE. Mr. Speaker, I rise to dis- support of legislation that I have just reintro- OF CALIFORNIA cuss legislation I introduced today called The Ginseng Labeling Correction Act. This legisla- duced to provide relief to municipal utilities IN THE HOUSE OF REPRESENTATIVES who issue tax exempt bonds. This legislation tion seeks to fix a technical problem with a Tuesday, June 3, 2003 would permit these utilities to take advantage provision that was included in the farm bill of a process known as ‘‘advance refunding,’’ Mr. STARK. Mr. Speaker, I rise today to Congress passed last year. which allows the bond issuer to take advan- honor the 25th anniversary of Glad Tidings Section 10806(b) of the Farm Security and tage of favorable market conditions by refi- Church founded by Rev. and Mrs. J.W. Rural Investment Act of 2002 amended the nancing their debt at a lower interest rate. The Macklin in 1978 in Hayward, California. From Federal Food, Drug and Cosmetic Act by plac- bill is identical to legislation I introduced in the its earliest inception, Glad Tidings reflected ing limitations on the use of the term ‘‘gin- 107th Congress that was cosponsored by the what many considered a new and refreshing seng’’ as the common or usual name for entire South Carolina Congressional delega- direction in church ministry. With a strong plants classified within the genus Panax. The tion. commitment to communities and families, this purpose of this provision was to address con- Advance refunding works just like refi- young church began to position itself for a fusion that had arisen from products derived nancing your home. If interest rates have long-term commitment to the city of Hayward. from different plants being labeled as ‘‘Sibe- dropped since you purchased your home, then In 1981, Glad Tidings purchased their first rian ginseng.’’ you can refinance, or ‘‘advance refund,’’ that edifice in South Hayward. Believing that Glad When labeling changes are enacted, the home at the lower rate. This can save the av- Tidings had a vision and a ministry to meet Food and Drug Administration recognizes that, erage homeowner thousands of dollars in fore- the growing needs of a changing neighbor- in order to assure an orderly and economical gone interest payments. hood, the Hayward Covenant Church sold a industry adjustment to new labeling require- This same refinancing has, in the past, been 15,000 square foot facility, including a sanc- ments, a sufficient lead time is necessary to allowed for municipal utilities who use tax ex- tuary with seating for 150 people, to a young, permit planning for the use of existing label in- empt bonds to finance their facilities and energetic congregation. ventories and the development of new labeling equipment. Because of the large capital costs Within a few short years, the mortgage was materials. associated with power generation and distribu- liquidated and the existing facility was remod- Unfortunately, the ginseng provision Con- tion, the debt incurred from these issues is eled to include a new sanctuary seating ap- gress included in the farm bill lacked a specific often substantial, and debt service payments proximately 300 people. The remaining facility effective date that would have allowed FDA’s end up being one of the largest expenses for was remodeled to accommodate executive of- typical transition period to occur. Therefore, on the utility. These higher costs are then passed fices, classrooms, and a fellowship hall. May 13, 2002, the day the farm bill was on to the consumer in the form of higher elec- In the midst of Glad Tidings’ growth is the signed into law, companies that had products tric rates. If these companies are allowed to incredible story of a congregation, whose vi- labeled ‘‘Siberian ginseng’’ became criminally refinance, they can save millions of dollars in sion, fortitude and commitment has brought liable. This was clearly not the intent of Con- foregone interest payments, which translates them face to face with a suburban community gress, and was simply an oversight on the into lower rates for the average consumer. that had become very much urban within a part of the Senate and House in writing that Under current tax law, these municipal utili- few short years. As the church grew, the obvi- portion of the farm bill. In fact, Senator Tom ties have been able to advance refund their ous need to build new facilities was more than Harkin, the Ranking Member of the Senate debt only once since 1986. Many of these utili- evident. Glad Tidings Church was faced with Agriculture Committee, attempted to correct ties companies still face staggering debts. For a major dilemma; to relocate to a suburban this omission in the FY 2003 Emergency War- one utility company in my state, these debt community or to stay and build in a challenged time Supplemental, PL–108–11. However, in payments have become particularly burden- community filled with drugs, crime, and ramp- the rush to complete work on the bill the provi- some, and all of its customers are suffering ant poverty. sion was left out even though there were no from the resulting high rates. With interest In 1990, Glad Tidings Church adopted a objections to it. rates so low, this utility is convinced that if it strategic plan, which required the church to in- However, this omission needs to be cor- is allowed to advance refund one additional volve itself to an even greater degree in the rected as soon as possible. Therefore, I have time, it will be able to stabilize its debt service surrounding neighborhoods in decline. A introduced The Ginseng Labeling Correction and significantly lower these rates. neighborhood revitalization program was set in Act, which states that Section 10806(b) of the That is what my legislation does. It allows motion. Glad Tidings established a strong Farm Security and Rural Investment Act of municipal utilities to advance refund one addi- proactive presence in city government, 2002 will become effective thirty days after the tional time if they have already advance re- schools, community, and police affairs. This legislation becomes law. funded since 1986. community outreach provided a base for sup- It is my desire to have this bill move to the Municipal utilities are by no means the only port networks to thrive with other surrounding House floor as quickly as possible. I hope my issuers of tax exempt bonds. I have limited the neighborhoods, agencies and businesses and colleagues will join me in supporting this scope of this bill to municipal utilities because gave voice to the South Hayward community. minor, but critically important, correction to the they face substantial debts and are subject to Glad Tidings Church established a central farm bill. limitations that state and local governments neighborhood campus while networking with f are not. The bill is open to modification for other community services to offer a creative A TRIBUTE TO DR. NORMAN others who might benefit from advance refund- and supportive environment of programs, ADRIAN WIGGINS ing of their debt. housing, services and facilities which address During consideration of the most recent tax many of the major needs and concerns of a HON. BOB ETHERIDGE bill in the Senate, Senator LINCOLN offered an community in need of revitalization. OF NORTH CAROLINA amendment that allowed for additional ad- I applaud Glad Tidings Church’s focus on IN THE HOUSE OF REPRESENTATIVES vance refunding for Arkansas schools. While I economic development, job and career train- am sure that Arkansas schools need such re- ing, youth and adult education, youth and Tuesday, June 3, 2003 lief, other sectors need similar relief, and es- adult support services and health services all Mr. ETHERIDGE. Mr. Speaker, I rise today pecially municipal utilities. I am pleased to see provided within a spiritual setting which ac- to pay tribute to Dr. Norman Adrian Wiggins Senator LINCOLN reopen the advance refund- cents excellence at all levels of life for all peo- on his retirement as President of my alma ing debate, and would welcome the oppor- ple. I congratulate Glad Tidings Church on its mater, Campbell University in Buies Creek, tunity to discuss inclusion of my bill in tax re- 25th anniversary and wish the leadership and North Carolina. For 36 extraordinary years, Dr. form measures taken up by the House in the congregation many years of continued suc- Wiggins’ leadership and vision have trans- future. The benefits to my state, and others, cess. formed Campbell from a small, rural school

VerDate Jan 31 2003 06:26 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.039 E03PT1 June 3, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1115 into the nation’s second largest Baptist univer- rority started with 22 women, right here in our arships for Jr. Girls Nation and Youth Con- sity. Nation’s Capital at Howard University, and has ference; Auxiliary Emergency Fund for Dis- From his first day on the job in 1967, Dr. since expanded to the 200,000 member, 90 placed Homemakers; American Legion Child Wiggins has strengthened the undergraduate chapter organization that exists today. Welfare Foundation; Dept. Children and Youth college, developed an innovative Trust Man- The Valley Forge Alumnae Chapter of this Christmas Gifts for Institutional Children; Chil- agement Program, and added five new public service organization was chartered on dren and Youth Scholarships for teaching field schools to the University: The Norman Adrian February 10, 1991 and has since contributed of handicapped children; Children’s Heartlink Wiggins School of Law, The Lundy-Fetterman to the local and national community in ways Heart surgery for needy children; Children’s School of Business, The School of Education, consistent with the organization’s Five Point Miracle Network hospital care for children in The School of Pharmacy, and The School of Program foci of: educational development, need; Special Olympics; Spinoza Buddy Bear Divinity. He also established during his tenure economic development, physical and mental Project; Department Scholarship Fund for All an ROTC Program and a number of substan- health, political awareness and international Dept. Scholarship Funds; Funding for Special tial international programs, most notably with awareness and involvement. Field Services 7 VA Hospitals; Dept. National Tunku Abdul Rahman College in Kuala These contributions are signified in the Security Fund ROTC Awards 7 Patriotic Con- Lumpur, Malaysia. Indeed, Dr. Wiggins’ tire- Chapter’s effort and success in erecting the ference; Nurses Scholarship Fund; Six Point less efforts have extended Campbell’s sphere Patriots of African Descent Monument in 1993 Program extras for hospitalized veterans; of influence throughout the communities of at Valley Forge, one of our Nation’s most his- North Chicago Medical Center; Crime Stop- North Carolina, the nation, and the world. torical parks. The monument remains the only pers; World War II Nurses; Rescue Mission. During his career, Dr. Wiggins taught and such edifice to be raised in any of the units of Mr. Speaker, the Walter Craig American Le- mentored over 25,000 students who have the National Park system and contributes to gion Auxiliary Post 60 is an exemplary post, gone out into the world to serve as business the education of visitors to the Park of the role and its members take great pride in helping leaders, doctors, lawyers, teachers, and min- African-Americans played in the country’s their local veterans. This post is to be com- isters. These Campbell graduates provide our founding. More specifically, the monument sig- mended for its many accomplishments and people with jobs and economic opportunities, nifies the tremendous service and sacrifice Af- steadfast support of the veterans in the 16th care for our nation’s sick and elderly, defend rican-American soldiers of the Continental Congressional District of Illinois. our rights under the rule of law as attorneys, Army provided to a fledgling nation. f prepare our children to be tomorrow’s leaders, The Valley Forge National Park holds great and uplift our national soul. historic value as the site dedicated to the Con- PERSONAL EXPLANATION But Dr. Wiggins’ leadership extends far be- tinental Army’s bravery, suffering and sacrifice yond the hallowed halls of Campbell Univer- that took place during the harsh winter en- HON. GENE TAYLOR sity. He has served as president of both the campment there in 1777–78, during which OF MISSISSIPPI Baptist State Convention and the American time some 2,000 soldiers died. IN THE HOUSE OF REPRESENTATIVES Association of Independent Colleges and Uni- The Patriots of African Descent Monument Thursday, June 3, 2003 versities. His peers hail him as a leader who only furthers the historic symbolism of the embodies a depth of experience, under- Park by recognizing the numerous contribu- Mr. TAYLOR of Mississippi. Mr. Speaker, I standing, and passion that few will ever tions and sacrifices of African-Americans dur- missed the legislative business of Monday, match. ing the Revolutionary War, in particular the ap- June 2, 2003 due to a delay in my flight from Dr. Wiggins’ innovative leadership and proximately 500 African-American soldiers Mississippi. Had I been present, I would have unique vision have earned him widespread who suffered terribly along with the many voted ‘‘yea’’ on rollcall No. 227, for H. Res. recognition. His numerous awards include the other Continental soldiers during the long, 159: expressing profound sorrow on the occa- Commander’s Award for Public Service and harsh winter spent in Southeastern Pennsyl- sion of the death of Irma Rangel; ‘‘yea’’ on the Distinguished Civilian Service Medal from vania. rollcall No. 228, for H. Res. 195: congratu- the United States Army, and the Boy Scouts Since the monument’s unveiling in 1993, lating Sammy Sosa of the Chicago Cubs for of America’s Distinguished Service Award, all this statue has contributed to educating visi- hitting 500 major league home runs; and of which acknowledge Dr. Wiggins’ unfailing tors of Valley Forge to the diverse cultures ‘‘yea’’ on rollcall No. 229, for H.R. 1465: to commitment to improving the lives of his fellow that contributed to this Nation’s birth and will designate the facility of the United States Americans. continue to do so with the sustained involve- Postal Service located at 4832 East Highway Mr. Speaker, Dr. Wiggins is an exemplary ment and efforts of the Valley Forge Alumnae 27 in Iron Station, North Carolina, as the figure of patriotism, leadership, dedication, and Chapter of Delta Sigma Theta Sorority, the ‘‘General Charles Gabriel Post Office.’’ commitment. As a Campbell alumnus, I am Valley Forge Historical Society and citizens. I f proud to honor Dr. Norman Adrian Wiggins congratulate and commend the Chapter’s con- today. I ask all of my colleagues to join me tinued efforts to educate future generations re- TRIBUTE TO DIANA BOSFIELD- and Faye in celebrating his 36 years of serv- garding historic artifacts and places which ‘‘tell MOORE ice to Campbell University, to the State of the American story’’ and recognize the 10 year North Carolina, and to the United States of anniversary of the Patriots of African Descent HON. KENDRICK B. MEEK America. Monument and its symbolic place in our Na- OF FLORIDA f tion’s history. IN THE HOUSE OF REPRESENTATIVES f 10TH ANNIVERSARY OF RAISING Tuesday, June 3, 2003 THE PATRIOTS OF AFRICAN DE- WALTER CRAIG AMERICAN LEGION Mr. MEEK of Florida. Mr. Speaker, I rise SCENT MONUMENT IN VALLEY AUXILIARY POST 60 IN ROCK- today to pay tribute to Diana Bosfield-Moore, FORGE NATIONAL PARK, VAL- FORD, ILLINOIS a teacher at Phyllis R. Miller Elementary LEY FORGE ALUMNAE CHAPTER School who, after 28 and a half years of dedi- OF DELTA SIGMA THETA SOROR- HON. DONALD A. MANZULLO cated service, has decided to retire from the ITY OF ILLINOIS Dade County Public Schools. IN THE HOUSE OF REPRESENTATIVES Diana Bosfield-Moore was born and raised in Miami, Florida and is a proud graduate of HON. JIM GERLACH Tuesday, June 3, 2003 OF PENNSYLVANIA Miami Northwestern Sr. High School. She at- IN THE HOUSE OF REPRESENTATIVES Mr. MANZULLO. Mr. Speaker, I rise today tended Miami Dade Community College where in support of the Walter Craig American Le- she received her AA Degree and went on to Tuesday, June 3, 2003 gion Auxiliary Post 60 located in Rockford, Illi- receive her Bachelor of Science Degree from Mr. GERLACH. Mr. Speaker, I rise today to nois. This auxiliary post is dedicated to sup- Florida Memorial College. honor the Valley Forge Alumnae Chapter of porting the veterans and their families in my Ms. Bosfield-Moore brought a wealth of edu- Delta Sigma Theta Sorority, Inc. and its cele- congressional district, and I would like to ac- cational experience to her teaching. She bration of the 10 year anniversary of the rais- knowledge the many accomplishments of the began her career in education as a Para- ing of the Patriots of African Descent Monu- Walter Craig American Legion Auxiliary Post professional in 1974. Soon afterwards, Ms. ment in Valley Forge National Historical Park. 60: Americanism Patriotic Conference; and Bosfield Moore moved to Computer Lab Spe- Ninety years ago, the Delta Sigma Theta So- Youth Conference, Spirit of Youth Fund Schol- cialist, Reading Tutor, Substitute Teacher,

VerDate Jan 31 2003 06:26 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.042 E03PT1 E1116 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2003 After-School Care Supervisor, Associate Edu- PERSONAL EXPLANATION gratulating Alan on this milestone and wish cator, and now an Elementary School Teach- him every happiness for the future. Thank you. er. HON. XAVIER BECERRA f Ms. Bosfield-Moore is a role model who OF CALIFORNIA TRIBUTE TO BLONEVA SMITH demonstrated in her own life how her students IN THE HOUSE OF REPRESENTATIVES could overcome the obstacles they faced in Tuesday, June 3, 2003 HON. KENDRICK B. MEEK theirs. She raised five of her sibling’s children; Mr. BECERRA. Mr. Speaker, on Monday, OF FLORIDA two of her own children; and four grand- June 2, 2003, I was unable to cast my floor IN THE HOUSE OF REPRESENTATIVES children, and still she made the time to grad- vote on rollcall Nos. 227, 228, and 229. The Tuesday, June 3, 2003 uate from college with a teaching degree at votes I missed include rollcall vote 227 on the age of forty-three. This is a truly remark- Suspending the Rules and Agreeing to H. Mr. MEEK of Florida. Mr. Speaker, I rise able task, and it speaks volumes about the Res. 159, Expressing Profound Sorrow on the today to pay tribute to Mrs. Bloneva Smith, a truly remarkable person she is. Occasion of the Death of Irma Rangel; rollcall remarkable teacher who, after 37 years of Ms. Bosfield-Moore’s dedication, loyalty, vote 228 on Suspending the Rules and Agree- dedicated service, has decided to retire from the Dade County Schools. compassion, and involvement will be sorely ing to H. Res. 195, Congratulating Sammy Mrs. Smith is a graduate from Booker T. missed at Phyllis R. Miller Elementary School, Sosa of the Chicago Cubs for Hitting 500 Washington Senior High School in Miami, by parents, colleagues, administrators and stu- Major League Home Runs; and rollcall vote Florida. She attended Howard University in dents alike. 229 on Suspending the Rules and Passing H.R. 1465, the General Charles Gabriel Post Washington, DC, where she earned her un- Congratulations, Ms. Bosfield-Moore, for a Office Building Designation Act. dergraduate degree. Bloneva Smith is a mem- job well done. Had I been present for the votes, I would ber of Mt. Hermon AME Church and a sister have voted ‘‘aye’’ on rollcall votes 227, 228, of Delta Sigma Theta Sorority. f and 229. Mrs. Smith brought to her young students, f as well as her young teaching colleagues, a HONORING THE 25TH ANNIVER- wealth of experience and a perspective on SARY OF THE DOWNRIVER COUN- CONGRATULATING ALAN KENT educational progress that spans some of the CIL FOR THE ARTS LIPKE, RETIRING PRINCIPAL OF most difficult decades in our history. Her ST. PAUL LUTHERAN SCHOOL IN teaching career began in 1966, during a time JACKSON, MISSOURI FOR 39 when the Dade schools were still effectively HON. JOHN D. DINGELL YEARS OF SERVICE TO OUR NA- racially segregated and black educators were TION’S CHILDREN OF MICHIGAN traditionally assigned to teach at historically black schools. IN THE HOUSE OF REPRESENTATIVES HON. JO ANN EMERSON In January 1970, she was reassigned to Treasure Island Elementary School in re- Tuesday, June 3, 2003 OF MISSOURI IN THE HOUSE OF REPRESENTATIVES sponse to a court order to integrate all schools. Mrs. Smith continued teaching there Mr. DINGELL. Mr. Speaker, today, I rise to Tuesday, June 3, 2003 acknowledge the 25th Anniversary of the for 16 years before moving on to Rainbow Downriver Council for the Arts (DCA). The Mrs. EMERSON. Mr. Speaker, a well-known Park Elementary and finally to Phyllis R. Miller proverb exemplifies the life mission of our DCA has been a driving force in bringing qual- Elementary School, where she has decided to friend and educator Alan Lipke. ‘‘A child is not ity arts education, valuable cultural information end her teaching career. a vessel to be filled, but a lamp to be lit.’’ and employment to artists and educators I understand that Mrs. Smith has been For 39 years, Alan Lipke has been an edu- called a ‘‘quiet storm’’ because she gets re- throughout the Downriver community. cator committed to bringing light to the lives of sults without making a big fuss. We thank her Founded in 1978, the DCA is a non-profit, our children. Whether it was for two years at for her service as a proficient and effective ed- umbrella organization that represents, pro- St. Paul Lutheran School in Evansville, Indi- ucator, and I know all my colleagues join in of- motes and serves the 18 Downriver commu- ana, for 13 years at St. Paul Lutheran School fering her our best wishes in all her future en- nities. The DCA’s Home Gallery, resource li- in Aurora, Illinois or for the last 22 years right deavors brary, information center, newsletter, cultural here at St. Paul Lutheran School in Jackson, f calendar, weekly column, arts hotline, website Missouri, students across the Heartland have and cable programs provide up-to-date infor- been blessed by the dedication and passion of HONORING THE EXTRAORDINARY mation on artistic, cultural and special events someone who has spent his life preparing our LEADERSHIP OF JOSEPH L. HUD- to the nearly 400,000 residents of Downriver. children for the future. SON JR. Now, after playing such an integral role in The DCA works closely with community- the education of countless youngsters, Alan based arts organizations, service clubs, mu- HON. JOHN D. DINGELL Lipke has decided it is time to retire from edu- OF MICHIGAN nicipal governments, schools and social agen- cation and begin a new chapter in his life. IN THE HOUSE OF REPRESENTATIVES cies to bring the arts into the community. This Though it is clear that he has ‘‘put in his time,’’ wonderful organization nurtures the cultural it is with a heavy heart that we prepare for Tuesday, June 3, 2003 and artistic growth of thousands of Downriver Alan’s departure. He has been a remarkable Mr. DINGELL. Mr. Speaker, today, I rise to residents. The DCA not only fosters strong re- and stellar educator and after 39 years of un- honor the extraordinary leadership of Mr. Jo- lationships between art institutions and edu- paralleled service to the teaching profession, seph L. Hudson Jr. Mr. Hudson has been a cators, but also serves as a bridge between all to say that his absence from education will be committed civic leader in the greater Detroit socio-economic categories. missed is an understatement. area for over 45 years. Over the course of his The DCA provides volunteer, educational And though Alan is retiring from his current lifetime, Mr. Hudson has served as a role and professional development opportunities, profession, I know he will still be a visible and model for not only his leadership abilities, but works to insure equal access to artistic oppor- active member of the Jackson community. his dedication to his community, his church tunities and promotes the recognition of art Maybe we’ll see him at Jackson Chamber of and, most important of all, his family. and culture as a primary contributor to eco- Commerce meetings, at festivities for the St. Born on July 4, 1931 in Buffalo, New York, nomic development and the quality of life with- Paul Lutheran School or just out enjoying time Mr. Hudson was destined to be a strong figure with his wife Sally, his children Lisa and Scott, in our Nation’s landscape. Mr. Hudson joined in the Downriver communities. his daughter-in-law Ashley, and most impor- the J.L. Hudson Company following graduation Mr. Speaker, as the Downriver Council for tant of all, his grandson Parker. Wherever we from Yale in 1953. Between 1954 and 1956 the Arts celebrates its 25th Anniversary, I may see him, I am sure he will be having fun he served as an artillery officer with the U.S. would ask that all my colleagues rise and sa- and enjoying this rich and wonderful time of Army in Germany. In 1956 he returned to lute this phenomenal organization for all that his life. Hudson’s, was elected a Vice President in they have done and will continue to do for the Mr. Speaker, on this very special occasion, 1957 and in 1961 became President and Chief arts in Downriver. I ask that all of my colleagues join me in con- Executive Officer. Mr. Hudson retired from the

VerDate Jan 31 2003 06:26 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.045 E03PT1 June 3, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1117 J.L. Hudson Company and the Dayton Hudson Congressional Black Caucus Veterans Mae Seaman was born and raised in Miami, Corporation in 1982 after serving as Chairman Braintrust, which I chaired. Mr. Handy became Florida and is a proud graduate of Miami and Chief Executive Officer for ten years. a fixture at those annual meetings which con- Beach Senior High School. She attended the In 1956 Mr. Hudson was elected to the vened each September during the Black Cau- University of Miami to earn her undergraduate board of trustees of the Hudson-Webber cus’ Annual Legislative Conference. degree and went on to receive her Master of Foundation and served as President and then Mr. Handy was one of the very first advo- Science degree from Nova University. Chairman from 1961 until his retirement in cates for federally assisted housing for dis- She began her teaching career began in 1996. The Hudson-Webber Foundation is abled and veterans, which culminated eventu- 1970 at West Little River Elementary in Miami. committed to improving the vitality and quality ally in a program to provide such housing, ad- At West Little River Elementary the staff be- of life of the metropolitan Detroit community ministered by the Department of Housing and stowed upon her one of the highest honors with special emphasis on the Detroit Medical Urban Development and the Veterans’ Admin- that they could bestow on any colleague Center, the arts, crime reduction, economic istration. ‘‘Teacher of the Year.’’ Ms. Seaman remained development and the communities’ urban revi- In his later years, Mr. Handy was a per- at West Little River Elementary for 10 years talization needs. sistent advocate for raising the benefits re- before moving on to other endeavors. Mr. Hudson’s civic and community involve- ceived by Reservists and National Guardsmen Ms. Seaman’s day, for the past eighteen ment includes service on the City of Detroit to equal those of active duty soldiers. His years, started with a five o’clock wake-up, in Arts Commission (Detroit Institute of Arts) voice in that area has been heard in Wash- order to get her mother to the family’s busi- where he served as President from 1979– ington, where Democrats in Congress are ness on the west side of town, before greeting 1990; Active Honorary Trustee and founding pushing such legislation. her students each day. Her mother still lives Chairman of New Detroit, Inc., America’s first Mr. Handy, a native New Yorker, was a live- with her and although she has retired, her rou- urban coalition. Mr. Hudson has also received ly, kind and gentle man whose service to New tine remains the same—up by five o’clock, to Honorary Doctor of Humanities Degrees from York City’s veterans, including those residing take care of family and business. the University of Detroit, Wayne State Univer- in my Congressional District, I will never for- All that will be missing each day are the stu- sity, and Michigan State University. get. He followed his vocation with the greatest dents, but Ms. Seaman can take pride in the In June of 2003, Mr. Hudson will complete enthusiasm, attending every parade, every success of the thousands of young people she 19 years as founding Chairman of the Com- meeting, every dedication, in the hope that helped successfully nurture and develop over munity Foundation for Southeastern Michigan, somehow his presence would make a dif- the years. Detroit, Michigan. Under his remarkable lead- ference for his constituents which numbered Congratulations, Ms. Seaman. Thank you ership, the Community Foundation has distrib- more than half a million veterans in the city for your service, and enjoy your retirement. uted more than $145 million in over 18,000 and nearly 400 veterans organizations. f grants to improve the seven counties of Mr. Handy, in his Director’s statement at the Southeastern Michigan. The Community Foun- Office of Veterans’ Affairs, described New CONGRATULATING ELIZABETH dation for Southeastern Michigan is one of the York as a city of ‘‘patriotic Americans—men FOLEY youngest and fastest growing of over 600 and women—who have put themselves in community foundations worldwide. harm’s way to preserve our way of life. We HON. JOHN D. DINGELL Mr. Speaker, I would ask that all my col- owe those who wear, and those who wore, the OF MICHIGAN leagues rise and join me in honoring Mr. Hud- uniform of the United States of America a debt son’s humanitarian achievements and tireless of gratitude for their service and their sac- IN THE HOUSE OF REPRESENTATIVES dedication to his community and church. rifice.’’ Tuesday, June 3, 2003 Mr. Speaker, we all owe Michael Handy a f comparable debt. We thank and commend Mr. DINGELL. Mr. Speaker, I rise today to IN MEMORY OF MICHAEL J. him. And we pray that you will ease the pain congratulate Elizabeth Foley, from Saline, HANDY: THE VETERANS’ VETERAN of his loss being endured by his dear wife Michigan, which is located in my district, on Edna, his loving daughters, extended family becoming a State Honoree in the 2003 Pru- and his many friends. dential Spirit of Community Awards Program HON. CHARLES B. RANGEL for outstanding volunteer service. f OF NEW YORK Conducted in partnership with the National IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION Association of Secondary School Principals, Tuesday, June 3, 2003 the Prudential Spirit of Community Awards HON. NITA M. LOWEY were created eight years ago by Prudential Fi- Mr. RANGEL. Mr. Speaker, I rise in tribute nancial, Inc. to encourage youth volunteerism OF NEW YORK to Michael J. Handy, Director of the Mayor’s and to identify and reward young role models. IN THE HOUSE OF REPRESENTATIVES Office of Veterans’ Affairs in the City of New State Honorees are chosen from more than York. Mr. Handy died on May 31 from a heart Tuesday, June 3, 2003 24,000 applicants as particularly impressive attack. He was 55 years old. Mrs. LOWEY. Mr. Speaker, during an ab- examples of what young Americans today are Mr. Handy was first appointed to head the sence yesterday, I regrettably missed rollcall capable of doing to make their communities Mayor’s Office of Veterans’ Affairs by Mayor votes 227–229. Had I been preset, I would better places to live. David Dinkins in the late 1980’s, and was re- have voted in the following manner: Rollcall Ms. Foley, 14, organized the ‘‘Visual Am- appointed to that position by Mayor Rudolph No. 227: ‘‘yea’’; rollcall No. 228: ‘‘yea’’; rollcall bassadors,’’ a school group dedicated to edu- Giuliani and Mayor Michael Bloomberg. No. 229: ‘‘yea.’’ cating others about the visually impaired. After For Mr. Handy, service to veterans was not f being inspired by a blind friend who taught her a partisan issue. Indeed, he was New York’s Braille, Elizabeth wanted to help educate other Veterans’ Veteran, having dedicated 30 years TRIBUTE TO MAE W. SEAMAN students about what visually impaired individ- of his professional life to assisting the men uals go through each day. After writing a and women who had served in our Nation’s HON. KENDRICK B. MEEK project proposal and obtaining the approval of Armed Forces. OF FLORIDA school officials, Elizabeth developed plans for He had served in Vietnam as an enlisted IN THE HOUSE OF REPRESENTATIVES a six-week after school class. She bought man in the Air Force. But as his loving wife Braille books, organized a field trip and put to- Edna has pointed out, Mr. Handy’s service Tuesday, June 3, 2003 gether an information packet for her students. after the war, and to the very end, was a re- Mr. MEEK of Florida. Mr. Speaker, it has She hopes to have over 100 graduates of her sponse to a call that struck him so deeply that been said that teachers can only retire from program by the time she goes to college. it became central to his life. For him, working their jobs, but not from their calling. That is This young woman’s selfless acts to en- for and with veterans was not so much a job, certainly true for Mae W. Seaman who, after lighten others about the disabled should be or a political office, it was a passion. 32 years of dedicated service, has decided to commended. Mr. Speaker, I would like you to I first began working with Mr. Handy in the retire from the Phyllis R. Miller Elementary join me and all of my colleagues in congratulate 1980’s when he became involved with the School. lating Ms. Foley for her accomplishments.

VerDate Jan 31 2003 06:26 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A03JN8.050 E03PT1 E1118 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2003 PAYING TRIBUTE TO M.A.S.H. At the heart of our democracy is a free and TRIBUTE TO COLONEL KEVIN RICE (MOTHERS AGAINST SADDAM diverse exchange of ideas. Placing the power HUSSEIN) of communication solely in the hands of a nar- HON. SAM FARR row group of media giants will undermine free- OF CALIFORNIA HON. SCOTT McINNIS dom of expression. Columnist William Safire IN THE HOUSE OF REPRESENTATIVES expressed it best, ‘‘The diffusion of power OF COLORADO Tuesday, June 3, 2003 IN THE HOUSE OF REPRESENTATIVES through local control, thereby encouraging individual participation, is the essence of fed- Mr. FARR. Mr. Speaker, I rise today to Tuesday, June 3, 2003 eralism and the greatest expression of democ- honor a devoted soldier as well as an accom- Mr. MCINNIS. Mr. Speaker, I am proud to racy.’’ Yesterday’s decision diminishes indi- plished scholar and leader. Colonel Kevin Rice stand before the nation and this Congress to vidual participation in the democratic process has served as the Installation Commander at honor a small group of mothers who are work- by suppressing one’s ability to voice his or her the Defense Language Institute, Foreign Lan- ing to support the brave men and women that opinion. Having fewer outlets for expression guage Center and Presidio of Monterey since are currently defending our Nation abroad. means that only a few voices will be heard: December 2000. Tomorrow, he earns a well- These mothers call themselves ‘‘MASH,’’ those of the large national programmers. deserved retirement after serving his country honorably for the last 30 years. Throughout Mothers Against Saddam Hussein. They are These new regulations not only threaten to his service at the Presidio, Colonel Rice was raising money to support our troops by selling reduce the access to the local news, they in- instrumental in improving the standard of ex- t-shirts that have been embroidered with the fringe upon the ability to maintain an open cellence in training our military linguists and in group’s acronym. forum for sharing opinions and ideas—the continuing the transition of Fort Ord, the Na- This organization began when a small group very democratic principals upon which our Na- tion’s largest base closure, to civilian use. of mothers made the shirts and wore them all tion was founded. over my hometown. The idea spread and the Colonel Rice was born in Henderson, Ne- vada and grew up there and in La Mirada, t-shirt has now become an amazing phe- f nomenon in the town of Grand Junction, Colo- California. Kevin Rice attended the U.S. Mili- rado. The group has even made a special ex- TRIBUTE TO CHARLENE BUTLER tary Academy at West Point and upon his ception for men and brothers who want to ex- graduation in 1973, was commissioned as a press their support, by changing the acronym second lieutenant in the Infantry. Colonel Rice to read ‘‘Men Against Saddam Hussein.’’ HON. KENDRICK B. MEEK is a graduate of the Chinese Program at the As the major fighting in Iraq has decreased, Defense Language Institute of Monterey which OF FLORIDA the women have expressed a special mes- he would later lead, and he also successfully sage for our Nation. They do not want the IN THE HOUSE OF REPRESENTATIVES completed studies at the British Ministry of De- fense Chinese Language School in Hong sacrifices of our troops to be forgotten as they Tuesday, June 3, 2003 continue to stand and fight to secure and re- Kong and holds Master’s Degrees from both build a ravaged country. Mr. MEEK of Florida. Mr. Speaker, teachers the Naval Postgraduate School and the Na- Mr. Speaker, I am honored to stand before are special people, and I rise today to pay trib- tional War College. this body to express my appreciation for this ute to Charlene Butler who, after 37 years of Colonel Rice’s military career in the U.S. organization. The ‘‘Mothers Against Saddam dedicated service, has decided to leave this Army is extremely distinguished and diverse. Hussein’’ should be proud of their cause, as select group. He started out as a mechanized rifle platoon leader and quickly rose through the ranks they ensure that the sacrifices of our brave Charlene Butler was born and raised in while applying his expertise in mechanized in- troops will never be forgotten. I would like to Miami, Florida and is a proud graduate of fantry, light infantry and airborne special oper- thank MASH for their efforts and encourage Booker T. Washington Senior High School. ations units. Prior to his service at the Pre- them to carry on in their mission. She attended Bethune Cookman College in sidio, Colonel Rice held the position of U.S. f Daytona Beach, Florida and earned a Bach- Army Attache´ to the People’s Republic of elor of Science degree. She went on to obtain OPPOSING FCC’S DECISION China. Throughout these assignments, he was her Master of Education degree from Nova repeatedly honored for his outstanding per- University. HON. JERRY MORAN formance with awards ranging from the Meri- Her teaching career began in 1966 at Lorah OF KANSAS torious Service Medal to the Army Achieve- Park Elementary in Miami, at a time when IN THE HOUSE OF REPRESENTATIVES ment Medal. black educators were traditionally assigned to I am extremely grateful to have worked with Tuesday, June 3, 2003 teach at historically black schools. In 1970, the Colonel Rice on several military construction Mr. MORAN of Kansas. Mr. Speaker, I op- federal court ordered all schools to integrate projects at the Defense Language Institute, in- pose the decision of the Federal Communica- and she was transferred to Sunset Elementary cluding a new classroom facility—Collins tions Commission to increase the cap on School. Hall—as well as Video Tele-Training Facility. media ownership. In 1984, the staff of Sunset Elementary be- These base modernization projects illustrate Yesterday, the five-member board of the stowed one of the highest recognitions a staff Colonel Rice’s leadership in making sure DLI, Federal Communications Commission voted to can bestow upon a colleague when they the world’s largest foreign language school, allow one owner to control more stations with- named her Teacher of the Year. She re- employs the most advanced technology to in the same market and to allow television net- mained at Sunset Elementary for 18 years, continue as a center of excellence in the works to acquire more stations. Until today, though throughout her tenure at Miami-Dade teaching of foreign languages. broadcast ownership rules limited networks to County Public Schools, Ms. Butler has taught Moreover, Colonel Rice has presided over owning no more than a 35 percent share of at Lorah Park Elementary, Sunset Elementary, the only dual service—Army and Navy—base television households. With this decision, that Phyllis Wheatley Elementary and finally, the housing modernization program in the Nation. share rises to 45 percent. The FCC also voted Phylllis R. Miller Elementary School, where When complete, the Residential Community to ease restrictions on media companies own- she presently teaches. Initiative at the Presidio will provide the Cen- ing a newspaper and television station in the Ms. Butler is an adept, concerned, ardent tral Coast military community with 1,800 units same market. These new rules will allow for educator and a champion for the ‘‘little ones.’’ of quality base housing, built to local code, more mergers and increased media consolida- Blessed with a keen appreciation for the and paid for by the military housing allowance tion across the country. stages of development of her young charges, known as the BAH. Without his continued ef- This decision poses a threat to local pro- she was dubbed the ‘‘historian’’ of her stu- forts to move this huge undertaking through gramming in rural America. National program- dents accomplishments. the bureaucratic process both inside the Pen- mers operate from a ‘‘one-size-fits-all’’ men- tagon and outside, the RCI wouldn’t have tality and have less interest in the needs of Ms. Butler’s dedication, loyalty, compassion, come to fruition. our rural communities. If the networks acquire and involvement will be missed at Phyllis R. Colonel Kevin Rice and his wife, Kitty, have more of the local television affiliates, program- Miller Elementary School, by parents, col- been active and highly regarded members of ming decisions are less likely to be made by leagues, administrators and students alike. the local community who are leaving a lasting local managers who have personal knowledge Congratulations, Ms. Butler, and enjoy your legacy of civic involvement and a wide circle of the communities they serve. retirement. of friends who will miss them both. I am

VerDate Jan 31 2003 06:26 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.055 E03PT1 June 3, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1119 pleased to count myself as one of Colonel An ardent advocate of public education, Len tives. He also served for seven years as Rice’s friends and wish him well in the next has served as president of the Ulster County Chairman of the Mid-Hudson Valley Chamber stage of life’s journey. Board of Cooperative Educational Services as of Commerce Executives and was a two-term f well as the Kingston City Schools’ Board of president of the Ulster County Development Education. In October 2002, the 7,500-mem- Corporation. In 1996 Len’s New York state PAYING TRIBUTE TO LEN CANE ber New York State School Boards Associa- colleagues named him the Outstanding Pro- UPON HIS RETIREMENT tion honored him with the Distinguished Serv- fessional Chamber of Commerce Executive. ice Award as the organization’s outstanding Notwithstanding his outstanding accomplish- MAURICE D.HINCHEY member. ments, Len is best known for his lightning- OF NEW YORK Len is a graduate of the Institutes for Orga- quick wit and self-effacing humor. I am sure IN THE HOUSE OF REPRESENTATIVES nization Management, a continuing education Len’s successors will perform commendably program for organization managers from as chamber presidents, but none will make us Tuesday, June 3, 2003 across the country. He was a member of the laugh as Len has for more than three dec- Mr. HINCHEY. Mr. Speaker, I am pleased to program’s Board of Regents for six years and ades. congratulate my constituent and dear friend, of its executive faculty for 11 years, instructing Mr. Speaker, it is my pleasure to join Len Len Cane, on the occasion of his retirement at the University of Delaware and at Notre Cane’s colleagues, friends and family in ex- as president and CEO of the Chamber of Dame. tending my best wishes to him and his wife Commerce of Ulster County, New York. Hav- At the helm of Ulster’s Chamber of Com- Lee for a long and happy retirement. His won- ing served in that capacity for 34 years, Len merce, Len has been a wonderful ambassador derful personality and unsurpassed profes- has earned the respect and affection of the for the county. He is a past president of the sionalism have made Len a tremendous asset business and education communities in my Chamber Alliance of New York State and the to the Hudson Valley and Catskill regions. We home county and throughout New York State. Mid-Atlantic Chamber of Commerce Execu- will miss him dearly.

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HIGHLIGHTS The House passed H.J. Res. 4, proposing a Constitutional amendment authorizing the Congress to prohibit the physical desecration of the flag. Senate allow the ethanol mandate in the renewable fuel pro- Chamber Action gram to be suspended temporarily if the mandate Routine Proceedings, pages S7199–S7268 would harm the economy or environment. Measures Introduced: Ten bills and one resolution Pages S7200–04, S7217–19 were introduced, as follows: S. 1168–1177, and S. By 34 yeas to 62 nays (Vote No. 204), Feinstein Res. 158. Pages S7234–35 Amendment No. 844 (to Amendment No. 539), to Measures Reported: authorize the Governors of the States to elect to par- S. 791, to amend the Clean Air Act to eliminate ticipate in the renewable fuel program. methyl tertiary butyl ether from the United States Pages S7204–11, S7219 fuel supply, to increase production and use of renew- Withdrawn: able fuel, and to increase the Nation’s energy inde- Frist/Daschle Amendment No. 539, to eliminate pendence, with an amendment in the nature of a methyl tertiary butyl ether from the United States substitute. (S. Rept. No. 108–57) Page S7234 fuel supply, to increase production and use of renew- S. 886, to ratify otherwise legal appointments and able fuel, and to increase the Nation’s energy inde- promotions in the commissioned corps of the Na- pendence. Page S7220 tional Oceanic and Atmospheric Administration that Pending: failed to be submitted to the Senate for its advice Domenici/Bingaman Amendment No. 840, to re- and consent as required by law. (S. Rept. No. authorize Low-Income Home Energy Assistance Pro- 108–58) Page S7234 gram (LIHEAP), weatherization assistance, and State Measures Passed: energy programs. Page S7200 Animal Drug User Fee Act: Senate passed S. Domenici (for Gregg) Amendment No. 841 (to 313, to amend the Federal Food, Drug, and Cos- Amendment No. 840), to express the sense of the metic Act to establish a program of fees relating to Senate regarding the reauthorization of the Low-In- animal drugs, after agreeing to the following amend- come Home Energy Assistance Act of 1981. ment proposed thereto: Page S7266 Page S7200 Fitzgerald (for Gregg) Amendment No. 846, in During consideration of this measure today, Senate the nature of a substitute. Page S7266 also took the following action: Prior to the above-listed action, Senate vitiated Bingaman (for Lincoln) Amendment No. 845 (to the May 23, 2003 passage of S. 313, after with- Amendment No. 539), to amend the Internal Rev- drawing the committee amendments. Page S7266 enue Code of 1986 to accelerate the increase in the Energy Policy Act: Senate continued consideration refundability of the child tax credit, fell when Frist/ of S. 14, to enhance the energy security of the Daschle Amendment No. 539 (listed above) was United States, taking action on the following withdrawn. Page S7220 amendments proposed thereto: Senate may continue consideration of the bill on Pages S7200–11, S7212–20 Wednesday, June 4, 2003. Page S7266 Rejected: Nominations Confirmed: Senate confirmed the fol- By 35 yeas to 60 nays (Vote No. 203), Feinstein lowing Nominations: Amendment No. 843 (to Amendment No. 539), to D599

VerDate Jan 31 2003 05:50 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D03JN3.REC D03JN3 D600 CONGRESSIONAL RECORD — DAILY DIGEST June 3, 2003 Lowell Junkins, of Iowa, to be a Member of the mony from Edward J. Weiler, Associate Adminis- Board of Directors of the Federal Agricultural Mort- trator, Office of Space Science, National Aeronautics gage Corporation. (Reappointment) and Space Administration; James H. Crocker, Lock- Glen Klippenstein, of Missouri, to be a Member heed Martin Space and Strategic Missiles, Denver, of the Board of Directors of the Federal Agricultural Colorado; Larry Knauer, Pratt and Whitney/United Mortgage Corporation. Technologies Corporation, West Palm Beach, Flor- Julia Bartling, of South Dakota, to be a Member ida; Frank Sietzen, Jr., Space Transportation Associa- of the Board of Directors of the Federal Agricultural tion, Arlington, Virginia; and Byron K. Wood, Boe- Mortgage Corporation. Page S7268 ing Company, Canoga Park, California. Nominations Received: Senate received the fol- MEMORIALS lowing nominations: Joshua B. Bolten, of the District of Columbia, to Committee on Energy and Natural Resources: Sub- be Director of the Office of Management and Budg- committee on National Parks concluded hearings to et. examine S. 268, to authorize the Pyramid of Re- Robert Lerner, of Maryland, to be Commissioner membrance Foundation to establish a memorial in of Education Statistics for a term expiring June 21, the District of Columbia and its environs to honor 2009. members of the Armed Forces of the United States 1 Army nomination in the rank of general. who have lost their lives during peacekeeping oper- Routine lists in the Foreign Service, Public Health ations, humanitarian efforts, training, terrorist at- Service. Pages S7266–68 tacks, or covert operations, S. 296, to require the Secretary of Defense to report to Congress regarding Messages From the House: Page S7233 the requirements applicable to the inscription of vet- Measures Referred: Page S7233 erans’ names on the memorial wall of the Vietnam Measures Placed on Calendar: Page S7233 Veterans Memorial, S. 470, to extend the authority for the construction of a memorial to Martin Luther Measures Read First Time: Page S7266 King, Jr., and S. 1076, to authorize construction of Executive Communications: Pages S7233–34 an education center at or near the Vietnam Veterans Additional Cosponsors: Pages S7235–37 Memorial, after receiving testimony from Senators Sarbanes and Warner; P. Daniel Smith, Special As- Statements on Introduced Bills/Resolutions: sistant to the Director, National Park Service, De- Pages S7237–58 partment of the Interior; Raymond F. DuBois, Di- Additional Statements: Pages S7229–33 rector, Administration and Management, Depart- Amendments Submitted: Pages S7258–65 ment of Defense; David J. Enzerra, Pyramid of Re- membrance Foundation, Painsville, Ohio; Harry E. Notices of Hearings/Meetings: Page S7265 Johnson, Sr., Martin Luther King, Jr. National Me- Authority for Committees to Meet: Page S7265 morial Project Foundation, Inc., and William P. Privilege of the Floor: Pages S7265–66 Lecky, Ai Architects, and George Oberlander, George H.F. Oberlander, National Coalition to Save Record Votes: Two record votes were taken today. Our Mall, all of Washington, D.C.; and Lt. Col. (Total—204) Pages S7218, S7219 James G. Zumwalt, USMC (Ret.), Reston, Virginia, Adjournment: Senate met at 10 a.m., and ad- on behalf of the USS Frank E. Evans Association, journed at 7:45 p.m., until 9:30 a.m., on Wednes- Inc. day, June 4, 2003. (For Senate’s program, see the remarks of the Acting Majority Leader in today’s NOMINATIONS Record on page S7266.) Committee on Foreign Relations: Subcommittee on Western Hemisphere, Peace Corps and Narcotics Af- Committee Meetings fairs concluded hearings to examine the nominations of Marsha E. Barnes, of Maryland, to be Ambassador (Committees not listed did not meet) to the Republic of Suriname, John F. Maisto, of Pennsylvania, to be Permanent Representative of the SPACE PROPULSION United States of America to the Organization of Committee on Commerce, Science, and Transportation: Sub- American States, with the rank of Ambassador, and committee on Science, Technology, and Space con- William B. Wood, of New York, to be Ambassador cluded hearings to examine research being done by to the Republic of Colombia, who was introduced by NASA and the private sector to develop new in- Senator Lugar, after each nominee testified and an- space propulsion technologies, after receiving testi- swered questions in their own behalf.

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TRIBAL FISH AND WILDLIFE focusing on the importance of markets and innova- MANAGEMENT PROGRAMS tions in the field of aging research, including links Committee on Indian Affairs: Committee concluded between prosperity, health, and life expectancy, im- oversight hearings to examine the status of tribal provements in mortality, after receiving testimony fish and wildlife management programs across Indian from former Representative Newt Gingrich; Richard country, focusing on natural research management J. Hodes, Director, National Institute on Aging, Na- and new technological advances that enhance the tional Institutes of Health, Department of Health protection of fish, wildlife, and plant resources, after and Human Services; Stephen C. Goss, Chief Actu- receiving testimony from Bill Frank, Jr., Northwest ary, Social Security Administration; Peter J. Boettke, Indian Fisheries Commission, Olympia, Washington; George Mason University Mercatus Center, Arling- Olney Patt, Jr., Columbia River Inter-Tribal Fish ton, Virginia; and James W. Vaupel, Max Planck In- Commission, Portland, Oregon; Warren Seyler, stitute for Demographic Research, Rostock, Ger- Upper Columbia United Tribes, Spokane, Wash- many. ington; D. Fred Matt, Confederated Salish and Kootenai Tribes of the Flathead Nation, Pablo, Mon- U.S. DRUG POLICY tana; Ira New Breast, Native American Fish and Wildlife Society, Broomfield, Colorado; James E. United States Senate Caucus on International Narcotics Zorn, Great Lakes Indian Fish and Wildlife Com- Control: Caucus concluded hearings to examine U.S. mission, Odanah, Wisconsin; Millard J. Myers, 1854 policy regarding narcotics in Colombia, focusing on Authority, Duluth, Minnesota; Jon C. Cooley, South- returns on investment, challenges to the policy, west Tribal Fisheries Commission, Lakeside, Arizona; building international and regional support, and fi- Gordon Jackson, Tlingit and Haida Indian Tribes of nancial and management challenges that continue to Alaska, Juneau, on behalf of the Southeast Alaska complicate efforts to reduce illicit drug activities, Inter-Tribal Fish and Wildlife Commission; and after receiving testimony from Paul E. Simons, Act- Patty Brown-Schwalenberg, Chugach Regional Re- ing Assistant Secretary for International Narcotics sources Commission, and Tom Harris, Alaska Village and Law Enforcement Affairs, and J. Curtis Struble, Initiatives, Inc., both of Anchorage, Alaska. Acting Assistant Secretary for Western Hemisphere INTELLIGENCE Affairs, both of the Department of State; Jess T. Ford, Director, International Affairs and Trade, Gen- Select Committee on Intelligence: Committee concluded eral Accounting Office; Marshall Billingslea, Deputy closed hearings on intelligence matters, after receiv- Assistant Secretary of Defense; General James T. ing testimony from officials of the intelligence com- Hill, United States Army, Commander, United munity. States Southern Command; Francisco Santos- HUMAN LONGEVITY Calderon, Vice President of the Republic of Colom- Special Committee on Aging: Committee concluded bia, Bogota; and Phillip McLean, Center for Strategic hearings to examine the future of human longevity, and International Studies, Washington, D.C. h House of Representatives H.R. 1320, to amend the National Telecommuni- Chamber Action cations and Information Administration Organization Measures Introduced: 16 public bills, H.R. Act to facilitate the reallocation of spectrum from 2301–2316; 1 private bill, H.R. 2317; and; 4 reso- governmental to commercial users, amended (H. lutions, H. Con. Res. 202–205 were introduced. Rept. 108–137); Pages H4875–76 H. Res. 256, providing for consideration of H.R. Additional Cosponsors: Pages H4876–77 1474, to facilitate check truncation by authorizing substitute checks, to foster innovation in the check Reports Filed: Reports were filed today as follows: collection system without mandating receipt of Supplemental report on H.R. 2143, to prevent the checks in electronic form, and to improve the overall use of certain bank instruments for unlawful Internet efficiency of the Nation’s payments system (H. Rept. gambling (H. Rept. 108–133, Pt. 2); 108–138); and

VerDate Jan 31 2003 05:50 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D03JN3.REC D03JN3 D602 CONGRESSIONAL RECORD — DAILY DIGEST June 3, 2003 H. Res. 257, providing for consideration of H.R. H. Res. 255, the rule that provided for consider- 760, to prohibit the procedure commonly know as ation of the joint resolution was agreed to by voice partial-birth abortion (H. Rept. 108–139). vote. Pages H4811–17 Page H4875 Quorum Calls—Votes: Six yea-and-nay votes devel- Guest Chaplain: The prayer was offered by the oped during the proceedings of the House today and Right Rev. John Clark Buchanan, retired Episcopal appear on pages H4809–10, H4810, H4810–11, Bishop of West Missouri. Page H4794 H4841–42, H4842–43, and H4843. There were no Recess: The House recessed at 11:20 a.m. and re- quorum calls. convened at 12:30 p.m. Page H4794 Adjournment: The House met at 10:30 p.m. and Suspensions Failed: The House failed to suspend adjourned at 10:55 p.m. the rules and pass the following measures: Committee Meetings Zuni Indian Tribe Water Rights Settlement Act: S. 222, to approve the settlement of the water HOMELAND SECURITY APPROPRIATIONS rights claims of the Zuni Indian Tribe in Apache Committee on Appropriations: Subcommittee on Home- County, Arizona (failed to agree by 2/3 yea-and-nay land Security held a hearing on Screener Background vote of 224 yeas to 188 nays, Roll No. 230); Investigations. Testimony was heard from James M. Pages H4797–H4804, H4809–10 Loy, Administrator, Transportation Security Admin- Grand Teton National Park Land Exchange istration, Department of Homeland Security; Steve Act: S. 273, to provide for the expeditious comple- Benowitz, Associate Director, Product Services, tion of the acquisition of land owned by the State OPM; and public witnesses. of Wyoming within the boundaries of Grand Teton SCHOOL READINESS ACT National Park (failed to agree by 2/3 yea-and-nay Committee on Education and the Workforce: Sub- vote of 217 yeas to 198 nays, Roll No. 231); and committee on Education Reform held a hearing on Pages H4804–06, H4810 H.R. 2210, School Readiness Act of 2003. Testi- Birch Bayh Federal Building and United States mony was heard from public witnesses. Courthouse, Indianapolis, Indiana: S. 763, to des- ‘‘CAN TOBACCO CURE SMOKING?—A ignate the Federal building and United States court- REVIEW OF TOBACCO HARM REDUCTION’’ house located at 46 Ohio Street in Indianapolis, In- diana, as the ‘‘Birch Bayh Federal Building and Committee on Energy and Commerce: Subcommittee on United States Courthouse’’ (failed to agree by 2/3 Commerce, Trade and Consumer Protection held a yea-and-nay vote of 235 yeas to 179 nays, Roll No. hearing entitled ‘‘Can Tobacco Cure Smoking?—A Review of Tobacco Harm Reduction.’’ Testimony 232). Pages H4806–09, H4810–11 was heard from Timothy Muris, Chairman, FTC; Suspension—Peace Officers Memorial Day: The Vice Adm. Richard H. Carmona, USN, U.S. Surgeon House agreed to suspend the rules and agree to H. General and Acting Assistant Secretary, Health, De- Res. 231, supporting the goals and ideals of Peace partment of Health and Human Services; and public Officers Memorial Day (agreed to by 2/3 yea-and-nay witnesses. vote of 422 yeas with none voting ‘‘nay,’’ Roll No. METHYL BROMIDE STATUS 235 ). The motion was debated on June 2. Page H4843 Committee on Energy and Commerce: Subcommittee on Energy and Air Quality held a hearing entitled ‘‘Sta- Prohibiting the Physical Desecration of the Flag: tus of Methyl Bromide under the Clean Air Act and The House passed H.J. Res. 4, proposing an amend- the Montreal Protocol.’’ Testimony was heard from ment to the Constitution of the United States au- Jeffrey M. Burnam, Deputy Assistant Secretary, En- thorizing the Congress to prohibit the physical dese- vironment, Bureau of Oceans and International Envi- cration of the flag of the United States, by 2/3 yea- ronmental and Scientific Affairs, Department of and-nay vote of 300 yeas to 125 nays, Roll No. 234. State; Jeffrey R. Holmstead, Assistant Administrator, Pages H4811–43 Air and Radiation, EPA; Rodney J. Brown, Deputy Rejected the Watt amendment in the nature of a Under Secretary, Research, Education and Econom- substitute that sought to propose a constitutional ics, USDA; and public witnesses. amendment providing that, not inconsistent with the first article of amendment to the constitution, INCREASE ORGAN DONATIONS— the Congress shall have power to prohibit the phys- ASSESSING INITIATIVES ical desecration of the flag by yea-and-nay vote of Committee on Energy and Commerce: Subcommittee on 129 yeas to 296 nays, Roll No. 233. Pages H4841–42 Oversight and Investigations held a hearing entitled

VerDate Jan 31 2003 05:50 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D03JN3.REC D03JN3 June 3, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D603 ‘‘Assessing Initiatives to Increase Organ Donations.’’ PARTIAL-BIRTH ABORTION BAN ACT Testimony was heard from Michelle Snyder, Direc- Committee on Rules: Granted, by voice vote, a modi- tor, Office of Special Programs, Health Resources fied closed rule providing 1 hour of debate on H.R. and Services Administration, Department of Health 760, Partial-Birth Abortion Ban Act of 2003. The and Human Services; and public witnesses. rule makes in order the amendment printed in the Rules Committee report accompanying the resolu- EMPLOYEE STOCK OPTIONS— tion, if offered by Representative Greenwood of ACCOUNTING TREATMENT Pennsylvania or his designee, which shall be consid- Committee on Financial Services: Subcommittee on Cap- ered as read, and shall be separately debatable for ital Markets, Insurance, and Government Sponsored one hour equally divided and controlled by the pro- Enterprises held a hearing entitled ‘‘The Accounting ponent and an opponent. The rule waives all points Treatment of Employee Stock Options.’’ Testimony of order against the amendment printed in the re- was heard from Representatives Dreier and Eshoo; port. The rule provides one motion to recommit Robert H. Herz, Chairman, Financial Accounting with or without instructions. The rule provides that Standards Board; and public witnesses. after passage of H.R. 760, it shall be in order to take from the Speaker’s table S. 3 and to consider POTENTIAL REDUCED EXPOSURE/ the Senate bill in the House. The rule provides for REDUCED RISK TOBACCO PRODUCTS a motion to strike all after the enacting clause of S. Committee on Government Reform: Held a hearing enti- 3 and to insert in lieu thereof the provisions of H.R. tled ‘‘Potential Reduced Exposure/Reduced Risk To- 760 as passed by the House. The rule waives all bacco Products: An Examination of the Possible points of order against the motion to strike and in- Public Health Impact and Regulatory Challenges.’’ sert. Testimony was heard from Representatives Testimony was heard from Scott Leischow, M.D., Chabot, Greenwood, Scott of Virginia, Baldwin, Chief, Tobacco Control Research Branch, National Hoyer and Edwards. Cancer Institute, NIH, Department of Health and Human Services; Lee Peeler, Deputy Director, Bu- CHECK CLEARING FOR THE 21ST CENTURY reau of Consumer Protection, FTC; and public wit- ACT nesses. Committee on Rules: Granted, by voice vote, an open rule providing 1 hour of general debate on H.R. BRIEFING—JEWISH EXODUS FROM ARAB 1474, Check Clearing for the 21st Century Act. The LANDS rule waives all points of order against consideration Committee on International Relations: Subcommittee on of the bill. The rule provides that the amendment the Middle East and Central Asia held a briefing en- in the nature of a substitute recommended by the titled ‘‘The Forgotten Refugees: the Jewish Exodus Committee on Financial Services now printed in the from Arab Lands.’’ The Subcommittee was briefed by bill shall be considered as an original bill for the Avi Becker, Secretary General, World Jewish Con- purpose of amendment. The rule provides that the gress; Irwin Cotler, Member of Parliament, Canada; bill shall be considered for amendment by section Carole Basri, Adjunct Professor of Corporate Law and and that each section shall be considered as read. Irey Lecturer, University of Pennsylvania School of The rule authorizes the Chair to accord priority in Law; and Sami Totah, American Sephardic Federa- recognition to Members who have pre-printed their tion. amendments in the Congressional Record. Finally, the rule provides one motion to recommit with or OVERSIGHT—ADVISORY COUNCIL ON without instructions. Testimony was heard from HISTORIC PRESERVATION Representative Bachus. REAUTHORIZATION Committee on Resources: Subcommittee on National PORT SECURITY Parks, Recreation and Public Lands held an oversight Committee on Transportation and Infrastructure: Sub- hearing on the Reauthorization of the Advisory committee on Coast Guard and Maritime Transpor- Council on Historic Preservation and Private Prop- tation held a hearing on Port Security. Testimony erty Protection Under the National Historic Preser- was heard from Adm. Thomas H. Collins, USCG, vation Act. Testimony was heard from deTeel Patter- Commandant, U.S. Coast Guard, Department of son Tiller, Acting Associate Director, Cultural Re- Homeland Security; William C. Ellis, Director of Se- sources, National Park Service, Department of the curity, Port of Long Beach, California; and Bethann Interior; John Nau, Chairman, Advisory Council on Rooney, Manager, Port Security, Port Authority of Historic Preservation; and public witnesses. New York and New Jersey.

VerDate Jan 31 2003 05:50 Jun 04, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D03JN3.REC D03JN3 D604 CONGRESSIONAL RECORD — DAILY DIGEST June 3, 2003 TASK FORCE REPORT—IMPROVE HEALTH claims of victims for bodily injury caused by asbestos ex- CARE DELIVERY FOR VETERANS posure, 10 a.m., SH–216. Committee on Small Business and Entrepreneurship: to hold Committee on Veterans’ Affairs: Held a hearing to re- hearings to examine the President’s proposed budget receive the report of the President’s Task Force to Im- quest for fiscal year 2004 and proposed legislation author- prove Health Care Delivery for our Nation’s Vet- izing funds for the Small Business Administration, 2 erans. Testimony was heard from Gail R. Wilensky, p.m., SR–428A. Co-Chair, President’s Task Force to Improve Health Care Delivery for our Nation’s Veterans. House f Committee on Agriculture, Subcommittee on Conserva- tion, Credit, Rural Development, and Research, hearing COMMITTEE MEETINGS FOR WEDNESDAY, to review conservation technical assistance and the imple- JUNE 4, 2003 mentation of the Conservation Title of the 2002 Farm Bill, 10 a.m., 1302 Longworth. (Committee meetings are open unless otherwise indicated) Committee on Appropriations, Subcommittee on the Dis- trict of Columbia, on Fiscal Year 2004 Budget Request, Senate 10 a.m., H–140 Capitol. Committee on Commerce, Science, and Transportation: to Committee on Education and the Workforce, Subcommittee hold oversight hearings to examine activities of the Fed- on 21st Century Competitiveness, to mark up the fol- eral Communications Commission, 9:30 a.m., SR–253. lowing bills: H.R. 438, Teacher Recruitment and Reten- Committee on Energy and Natural Resources: Subcommittee tion Act of 2003; and H.R. 2211, Ready to Teach Act on Public Lands and Forests, to hold hearings to examine of 2003, 10:30 a.m., 2175 Rayburn. S. 714, to provide for the conveyance of a small parcel Subcommittee on Employer-Employee Relations, hear- of Bureau of Land Management land in Douglas County, ing on ‘‘Strengthening Pension Security: Examining the Oregon, to the county to improve management of and Health and Future of Defined Benefit Pension Plans,’’ 2 recreational access to the Oregon Dunes National Recre- p.m., 2175 Rayburn. ation Area, S. 391, to enhance ecosystem protection and Committee on Energy and Commerce, Subcommittee on the range of outdoor opportunities protected by statute in Telecommunications and the Internet, hearing entitled the Skykomish River valley of the State of Washington ‘‘Wireless E–911 Implementation: Progress and Remain- by designating certain lower-elevation Federal lands as ing Hurdles,’’ 10 a.m., 2123 Rayburn. wilderness, S. 1003, to clarify the intent of Congress with Committee on Financial Services, Subcommittee on Finan- respect to the continued use of established commercial cial Institutions and Consumer Credit, hearing entitled outfitter hunting camps on the Salmon River, H.R. 417, ‘‘Fair Credit Reporting Act: How it Functions for Con- to revoke a Public Land Order with respect to certain sumers and the Economy,’’ 10 a.m., 2128 Rayburn. lands erroneously included in the Cibola National Wild- Committee on International Relations, hearing on U.S. life Refuge, California, and S. 924, to authorize the ex- Nonproliferation Policy After Iraq, 10:30 a.m., 2172 change of lands between an Alaska Native Village Cor- Rayburn. poration and the Department of the Interior, 10 a.m., Subcommittee on Africa, to mark up the following SD–366. measures: H. Con. Res. 80, expressing the sense of Con- Committee on Foreign Relations: to hold hearings to exam- gress relating to efforts of the Peace Parks Foundation in ine Iraq stabilization and reconstruction, focusing on the Republic of South Africa to facilitate the establish- international contributions and resources, 9:30 a.m., ment and development of transfrontier conservation ef- SD–419. forts in southern Africa; H. Con. Res. 134, acknowl- Committee on Governmental Affairs: to hold hearings to edging the deepening relationship between the United examine transforming the Department of Defense Per- States and the Republic of Djibouti and recognizing sonnel System, focusing on finding the right approach, Djibouti’s role in combating terrorism; H. Con. Res. 154, 9:30 a.m., SD–342. concerning the transition to democracy in the Republic Committee on Indian Affairs: to hold hearings to examine of Burundi; H. Res. 177, commending the people of the S. 281, to amend the Transportation Equity Act for the Republic of Kenya for conducting free and fair elections, 21st Century to make certain amendments with respect for the peaceful and orderly transfer of power in their to Indian tribes, to provide for training and technical as- government, and for the continued success of democracy sistance to Native Americans who are interested in com- in their nation since that transition; H. Res. 237, hon- mercial vehicle driving careers, and S. 725, to amend the oring the life and work of Walter Sisulu, a critical leader Transportation Equity Act for the 21st Century to pro- in the movement to free South Africa of apartheid, on the vide from the Highway Trust Fund additional funding occasion of his death; and H. Res. 194, regarding the im- for Indian reservation roads, 10 a.m., SR–485. portance of international efforts to abolish slavery and Full Committee, to hold oversight hearings to examine other human rights abuses in the Sudan, 2 p.m., 2255 the impacts on tribal fish and wildlife management pro- Rayburn. grams in the Pacific Northwest, 2 p.m., SR–485. Committee on Rules, Subcommittee on Technology and Committee on the Judiciary: to hold hearings to examine the House, hearing on H. Con. Res. 190, to establish a S. 1125, to create a fair and efficient system to resolve joint committee to review House and Senate rules, joint

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rules, and other matters assuring continuing representa- Administration’s Proposal to Reauthorize the Economic tion and congressional operations for the American peo- Development Administration, 2 p.m., 2253 Rayburn. ple, 10 a.m., H–313 Capitol. Subcommittee on Water Resources and Environment, Committee on Science, to mark up H.R. 1081, Aquatic to continue oversight hearings on Water: Is it the ‘‘Oil’’ Invasive Species Research Act; followed by a hearing on of the 21st Century? 10 a.m., 2167 Rayburn. H.R. 1118, Staffing for Adequate Fire and Emergency Permanent Select Committee on Intelligence, executive, hear- Response Firefighters Act of 2003, 10 a.m., 2318 Ray- ing on Special Programs, 2:30 p.m., H–405 Capitol. burn. Subcommittee on Human Intelligence, Analysis and Committee on Small Business, to mark up H.R. 1772, Counterintelligence, executive, hearing on CIA Technical Small Business Advocacy Improvement Act of 2003; fol- Program, 10 a.m., H–405 Capitol. lowed by a hearing on the Visa Approval Backlog and its impact on American Small Business, 1 p.m., 2360 Ray- Joint Meetings burn. Committee on Transportation and Infrastructure, Sub- Commission on Security and Cooperation in Europe: to hold committee on Economic Development, Public Buildings hearings to examine democracy, human rights, and justice and Emergency Management, oversight hearing on The in Serbia today, 10 a.m., 334 Cannon Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, June 4 10 a.m., Wednesday, June 4

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of Suspensions: morning business (not to extend beyond 11 a.m.), Senate (1) H. Con. Res. 177, Recognizing and Commending may continue consideration of S. 14, to enhance the en- the Participants and Supporters of Operation Enduring ergy security of the United States. Also, Senate may con- Freedom in Afghanistan and Operation Iraqi Freedom in sider H.R. 1588, National Defense Authorization. Iraq; (2) H. Res. 201, Commending the Support of Busi- nesses and Business Owners for the Armed Forces and their Families; (3) H.R. 361, Sports Agent Responsibility and Trust Act; and (4) H.R. 1954, Armed Forces Naturalization Act. Consideration of H.R. 760, Partial-Birth Abortion Ban Act (modified closed rule, one hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Farr, Sam, Calif., E1118 Moran, Jerry, Kansas, E1118 Filner, Bob, Calif., E1111 Ney, Robert W., Ohio, E1105, E1106, E1107, E1107 Baca, Joe, Calif., E1112 Frank, Barney, Mass., E1108 Ortiz, Solomon P., Tex., E1113 Ballance, Frank W., Jr., N.C., E1113 Gerlach, Jim, Pa., E1115 Payne, Donald M., N.J., E1112, E1113 Becerra, Xavier, Calif., E1116 Graves, Sam, Mo., E1107 Pence, Mike, Ind., E1108 Cardoza, Dennis A., Calif., E1111 Hinchey, Maurice D., N.Y., E1119 Coble, Howard, N.C., E1105, E1106 Israel, Steve, N.Y., E1112 Putnam, Adam H., Fla., E1105, E1107 Davis, Tom, Va., E1105, E1106 Kelly, Sue W., N.Y., E1108 Rahall, Nick J., II, W.Va., E1110 Deutsch, Peter, Fla., E1113 Leach, James A., Iowa, E1108 Rangel, Charles B., N.Y., E1117 Dingell, John D., Mich., E1116, E1116, E1117 Lowey, Nita M., N.Y., E1117 Shimkus, John, Ill., E1112, E1113 Doolittle, John T., Calif., E1114 McInnis, Scott, Colo., E1112, E1113, E1118 Spratt, John M., Jr., S.C., E1114 Emerson, Jo Ann, Mo., E1116 Maloney, Carolyn B., N.Y., E1111 Stark, Fortney Pete, Calif., E1111, E1114 English, Phil, Pa., E1107 Manzullo, Donald A., Ill., E1115 Taylor, Gene, Miss., E1115 Etheridge, Bob, N.C., E1114 Meek, Kendrick B., Fla., E1115, E1116, E1117, E1118

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