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, THURSDAY, NOVEMBER 6, 2003 No. 160 House of Representatives The House met at 10 a.m. come forward and lead the House in the REEXAMINING A STREAMLINED The Chaplain, the Reverend Daniel P. Pledge of Allegiance. PROCESS Coughlin, offered the following prayer: Ms. HOOLEY of Oregon led the Lord God, by reflecting on our faith Pledge of Allegiance as follows: (Mr. PITTS asked and was given per- story in the past both as individuals I pledge allegiance to the Flag of the mission to address the House for 1 and as a Nation, You help us in our dis- United States of America, and to the Repub- minute and to revise and extend his re- cernment of present issues. lic for which it stands, one nation under God, marks.) By coming to understand who we indivisible, with liberty and justice for all. truly are in relationship to You, Al- f Mr. PITTS. Mr. Speaker, our compa- nies that develop drugs that treat life- mighty God, and how we are drawn to- MESSAGE FROM THE SENATE gether as a people, You enable us to ac- threatening illnesses must go through cept the light and the darkness within A message from the Senate by Mr. a rigorous process to ensure the safety Monahan, one of its clerks, announced ourselves, the strong and the weak, the and effectiveness of their drugs. Only godly and the sinful, the wounded and that the Senate has passed with an amendment in which the concurrence after these FDA requirements are met, the healthy. can the drug be put on the market. In taking possession of ourselves in of the House is requested, a bill of the the mirror of Your own word, we see House of the following title: Under rare circumstances, medications Your mighty hand guiding our history. H.R. 1442. An act to authorize the design can be approved through an accelerated And Your dealings with us in the past and construction of a visitor center for the process known as Subpart H which was help Congress today to lead us on the Vietnam Veterans Memorial. adopted to streamline the approval of path to freedom. The message also announced that the desperately needed drugs intended to Our true freedom is the ability to Senate has passed a bill of the fol- treat serious and life-threatening ill- lowing title in which the concurrence truly become the people You have des- nesses. tined us to be, to determine the shape of the House is requested: of things to come and find direction for S. 589. An act to strengthen and improve RU–486, an abortion drug, was ap- our life now and forever. Amen. the management of national security, en- proved under this streamlined process. courage Government service in areas of crit- f ical national security, and to assist govern- Several weeks ago, Holly Patterson, THE JOURNAL ment agencies in addressing deficiencies in a California teenager, died from an in- personnel possessing specialized skills im- The SPEAKER. The Chair has exam- fection caused by fragments of her portant to national security and incor- baby’s corpse left in her uterus after ined the Journal of the last day’s pro- porating the goals and strategies for recruit- ceedings and announces to the House ment and retention for such skilled per- she took RU–486 at a Planned Parent- his approval thereof. sonnel into the strategic and performance hood facility. Pursuant to clause 1, rule I, the Jour- management systems of Federal agencies. Mr. Speaker, the Food and Drug Ad- nal stands approved. f ministration should not have author- f ANNOUNCEMENT BY THE SPEAKER ized this dangerous drug. Legislation is PLEDGE OF ALLEGIANCE The SPEAKER. The Chair will enter- being introduced today that takes RU– The SPEAKER. Will the gentle- tain up to 10 one-minute requests on woman from Oregon (Ms. HOOLEY) each side.

N O T I C E Effective January 1, 2004, the subscription price of the Congressional Record will be $503 per year or $252 for six months. Individual issues may be purchased at the following costs: Less than 200 pages, $10.50; Between 200 and 400 pages, $21.00; Greater than 400 pages, $31.50. Subscriptions in microfiche format will be $146 per year with single copies priced at $3.00. This price increase is necessary based upon the cost of printing and distribution. BRUCE R. JAMES, Public Printer.

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.

H10459

.

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 8633 E:\CR\FM\A06NO7.000 H06PT1 H10460 CONGRESSIONAL RECORD — HOUSE November 6, 2003 486 off the market and demands to re- minute and to revise and extend his re- are responsible for protecting our way view the process by which this drug marks.) of life and have joined in struggles was approved. I hope the House will Mr. EMANUEL. Mr. Speaker, I want around the world in defense of liberty. soon consider it. to complement the President for trav- In conclusion, God bless our troops. f eling to southern California to comfort f the families and the communities of TRULY HONOR OUR VETERANS the San Diego area. HONORING ARMY MASTER (Mr. DEFAZIO asked and was given While Americans in southern Cali- SERGEANT TONY PRYOR permission to address the House for 1 fornia suffer great losses and begin the (Ms. HOOLEY of Oregon asked and minute and to revise and extend his re- struggle to rebuild, it is essential that was given permission to address the marks.) our President which he did dem- House for 1 minute and to revise and Mr. DEFAZIO. Mr. Speaker, Veterans onstrate the commitment of his admin- extend her remarks.) Day, November 11, 150,000 veterans will istration and the entire Nation to help- Ms. HOOLEY of Oregon. Mr. Speaker, have waited 6 months or longer for ap- ing them legal. I rise today to recognize the valiant ef- pointments for medical care; 14,000 vet- An article in the Chicago Tribune forts of Army Master Sergeant Tony erans have been waiting 15 months or discusses today, families across the Pryor, who recently received the Silver longer for expedited disability claims; country are working to rebuild their Star, the Nation’s third highest mili- 560,000 disabled veterans will be forced lives after burying a son or daughter tary decoration, for his heroism which to pay the disabled veterans tax. It who died in combat. The President saved the lives of his fellow Special does not have to be this way. But we rightly goes to California to comfort a Forces team members. are confronted with the most anti-vet- family that has lost a home. Why is he The son of a logger from Toledo, Or- eran, anti-veteran administration in not coming to Illinois to comfort a egon, Tony Pryor has often been de- Congress in history. family who has lost a son? scribed as a fierce competitor and the The President refused to spend $275 The President in San Diego lifted the epitome of a warrior. He put these million in emergency money. He cut spirits of an entire community as they skills to work last year when he single- off veterans’ health care for 160,000 Cat- reassembled their lives. That same handedly neutralized four al Qaeda sol- egory 8 veterans. Although there are compassion needs to be shared with the diers while raiding a compound in Af- 373 cosponsors to do away with the dis- parents who are burying their children. ghanistan. In doing so, he undoubtedly ability tax, the President has threat- They deserve to know that the growing saved the lives of his fellow team mem- ened to veto the bill if we do away with criticism of the situation in Iraq will bers involved in the mission. the veterans’ disability tax, and Repub- not keep the President from acknowl- In his 14 years of service with the lican leaders refuse to bring up that edging their individual losses. Special Forces, Master Sergeant Pryor bill here in the House. This is all the more important on has been on missions in Haiti, Somalia, It would be better to celebrate Vet- today when the President signs the $87 Kuwait, and Iraq among other places. erans Day with actions that delivered billion to help Iraq rebuild their na- I want to thank Master Sergeant on our promises to veterans than laud- tion. We cannot pass by the families Pryor for his heroic efforts and con- atory words; but I fear that we will just who have lost and have personal pain. gratulate him on his award. He makes hear words and not see actions from They are all part of America’s family. all of us proud. I feel safe at night this Congress and this administration. f knowing that he and others like him are defending this great Nation. f CELEBRATING AMERICAN INTELLIGENCE COMMITTEES ARE VETERANS f A CAMPAIGN-FREE ZONE (Mr. WILSON of South Carolina TRANSPORTATION WASTE (Mr. GREEN of Wisconsin asked and asked and was given permission to ad- WATCHER was given permission to address the dress the House for 1 minute and to re- (Mr. BURGESS asked and was given House for 1 minute and to revise and vise and extend his remarks.) permission to address the House for 1 extend his remarks.) Mr. WILSON of South Carolina. Mr. minute and to revise and extend his re- Mr. GREEN of Wisconsin. Mr. Speak- Speaker, on Tuesday, November 11, marks.) er, not so long ago, Democratic leaders America will celebrate the 50th anni- Mr. BURGESS. Mr. Speaker, this said before the cameras, actually versary of Veterans Day, a day to morning I wanted to stand and call for yelled before the cameras, that this honor our men and women who have increased efficiency in our Federal war should not be politicized. fought to preserve freedom and liberty Government. Our obligation here in the This week we learned just how empty for generations to come. House is to protect precious dollars and how hypocritical those words were. Veterans Day was formerly known as taken from the taxpayer by stream- Among other things, we learned of a Armistice Day in recognition of the lining and improving our Federal Gov- Democratic staff memo from a Senate end of World War I, until President ernment. Specifically, I believe there is Permanent Select Committee on Intel- Dwight D. Eisenhower changed the need for increased efficiency in the ligence describing a plan to use intel- name of the holiday to include all vet- U.S. Department of Transportation. ligence information about the war for erans in 1954. This year, we will honor Savings in programs such as Federal political points during a Presidential the 25 million living veterans who have Transit Administration programs will campaign. fought and the more than 1 million mean more money to invest for our Mr. Speaker, we have men and men and women who have died to en- country’s transportation infrastruc- women in uniform in harm’s way. We sure freedom and bring about peace in ture. have families back here who des- conflicts, including World War II, the This past March, I met with Trans- perately miss them and fear for their Korean War, Vietnam, the Gulf War portation Inspector General Kenneth safety and now we have this memo. and today’s war on terrorism. This will Mead to discuss business practices of Not everything is a political game. be an especially solemn occasion as our the agency and how Congress can bet- Not everything should be campaign current military are engaged in a fight ter facilitate saving money in relation fodder. Of all our committees, our in- for democracy in Iraq, a critical battle to transportation spending. In July, telligence committees should be cam- in the war on terrorism that we will the committee held a hearing and iden- paign-free zones. I believe the Amer- win, to protect the American people tified several ways to enhance effi- ican people deserve better, and I know from terrorists. ciency. our troops deserve better. Since America was attacked on Sep- One way to trim excess and expedite f tember 11, America has been awakened construction on transportation to a greater understanding and appre- projects is by granting more authority ACKNOWLEDGING AMERICA’S PAIN ciation for the freedoms we enjoy here to State Departments of Transpor- (Mr. EMANUEL asked and was given in our great Nation. This Veterans Day tation to deliver transportation and de- permission to address the House for 1 is an opportunity to thank those who liver those corridors faster.

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.002 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10461 On July 24, I introduced H.R. 2864, costs by replacing old, failing boilers I also want to say thank you to our the Reforming, Accelerating and Pro- and heating systems with energy-effi- troops and to their families. Our Sev- tecting Interstate Design Act, other- cient models. enth Congressional District is home to wise known as the RAPID Act. This The energy bill that will soon be many of the families from Fort Camp- bill would allow large transportation taken up by the House will take an im- bell, who are part of the 101st Airborne systems to be built in less time and to portant step to increase energy effi- and the Special Operations Forces, and save transportation funds by allowing ciency by requiring a 20 percent energy we are also home to many of the Na- roads to be built in commonsense in- consumption reduction in the next dec- tional Guardsmen and the Reservists crements as they are needed. ade. This is a vital provision, one that and their families who are deployed f will save mass amounts of taxpayer and who are now defending freedom in money, conserve energy, help save en- Afghanistan and Iraq. CONGRATULATING THE ST. ergy costs for our Nation. We appreciate their sacrifice. We JOSEPH BALLET COMPANY Let us stop the waste and start con- thank them for the job that they are (Ms. LORETTA SANCHEZ of Cali- serving for our future. doing so very well. fornia asked and was given permission f f to address the House for 1 minute and to revise and extend her remarks.) WHAT IS THE PLAN TO GET OUT LOOTING OF MUTUAL FUNDS Ms. LORETTA SANCHEZ of Cali- OF IRAQ? (Mr. GEORGE MILLER of California fornia. Mr. Speaker, I rise today to (Mr. MCDERMOTT asked and was asked and was given permission to ad- offer my congratulations to the St. Jo- given permission to address the House dress the House for 1 minute and to re- seph Ballet Company from Santa Ana, for 1 minute and to revise and extend vise and extend his remarks.) California, which was honored last his remarks.) Mr. GEORGE MILLER of California. night for being one of 18 organizations Mr. MCDERMOTT. Mr. Speaker, yes- Mr. Speaker, 95 million investors have across the United States and Mexico to terday I came to the floor and told my deposited $7 trillion in mutual funds, receive the 2003 Coming Up Taller colleagues about a young man from my the largest deposit of retirement sav- Award. district who was killed in Iraq and the ings in this country. They have depos- This award recognizes outstanding conversation I had with his mother. ited that money there in hopes of a community arts and humanities pro- Since then, two more Americans have bright retirement, building a nest egg grams for their work with the under- died in Iraq. Yesterday, I asked Mem- that can support their family and their served youth and for providing them bers to be silent and contemplate our standard of living when they cease to with learning opportunities and a way lost men and women. work. These are hardearned dollars of to serve our communities. Today, Mr. Speaker, I ask my col- American workers in every industry at leagues to ask the President for a plan every level. They were told to invest b 1015 for how we are going to get out of Iraq. for the long term, $7 trillion. I am very proud that one of the re- Whatever threat Mr. Bush may have Now every morning the American cipients of this prestigious award perceived from Saddam Hussein, what- worker wakes up to a new headline, comes from my district, because St. ever warehouses of weapons Mr. Bush where the powerful, the insiders, the Joseph is more than just a dance pro- believed were waiting to harm the elite, the criminals are looting those gram. They have been teaching chil- United States, it is over now. We mutual funds, are skimming profits off dren about dance, self-discipline, and should plan to get out. of those trust funds to the detriment of the importance of academic excellence We should not spend the lives of the average investor, the average for over 20 years. They give children a young men and young women to pri- worker. sense of accomplishment. They help vatize Iraq’s economy. We should plan Mr. Strong, who runs the Strong Mu- motivate them in all aspects of life, to get out. We should not spend the tual Funds, who is worth $800 million, and they seek to provide children with lives of young Americans to build sew- set up an account for his daughter, for an education that goes beyond the ers in Iraq. We should not spend the his wife and for himself and secretly standard core curriculum. I am very lives of young Americans to make Iraq looted the savings of American work- pleased that because of their hard work into our vision of a model state. We ers. Mr. Strong should go to jail. they have been nationally recognized should plan to leave. We are symbols. f with this wonderful award. We are targets. We are sitting ducks. DYNCORP CONTRACT TO TRAIN Send in the U.N. or some of the Arab f POLICE IN IRAQ states or NATO or whoever wants to SAVING ENERGY AND TAXPAYER go. Pay for it with American tax- (Mr. DUNCAN asked and was given MONEY payers’ money as you sign it today, but permission to address the House for 1 (Mr. MURPHY asked and was given stop paying for it with American lives. minute and to revise and extend his re- permission to address the House for 1 Plan, Mr. President, to get out. marks.) minute and to revise and extend his re- f Mr. DUNCAN. Mr. Speaker, liberals marks.) who gave us Big Government should Mr. MURPHY. Mr. Speaker, as the HONORING AND THANKING THE love the DynCorp contract to train po- cold of winter approaches also comes VETERANS OF 7TH CONGRES- lice in Iraq. Almost all Federal con- homeowners’ concern for rising heating SIONAL DISTRICT OF TEN- tracts are sweetheart deals that hire costs. It is important that the Federal NESSEE former high-level Federal employees or Government take some leads in helping (Mrs. BLACKBURN asked and was retired military officers, but this po- to deal with the supply and demand given permission to address the House lice training contract just about takes issues. for 1 minute and to revise and extend the cake. The Federal Government is the larg- her remarks.) NBC News reported the night before est single user of energy in the world, Mrs. BLACKBURN. Mr. Speaker, we last that we have already spent $30 mil- spending $10 billion per year for its are coming up on Veterans’ Day, and I lion on this deal and will in short order buildings. Despite past efforts, how- rise today to honor and say thank you be spending $800 million more. We will ever, energy consumption is still too to the over 65,000 men and women who be spending, according to NBC, $400,000 high, using old, inefficient technology. are veterans and constituents of Ten- per trainer, counting salaries, benefits Only nine agencies since 1929 have re- nessee’s Seventh Congressional Dis- and expenses. No policeman in this ported energy savings in trying to save trict. I thank them one and all for country makes anywhere near this costs. The Alliance to Save Energy es- their service, for their sacrifice, their much. timates at least 1 billion in taxpayer valor and for their commitment to DynCorp was so embarrassed they re- dollars is still being wasted. Some esti- duty, which has been to stand vigilant, fused to comment because they knew mates are higher. For example, mili- strong and to protect our freedom that there was no way they could justify the tary bases can save millions in energy we enjoy. obscene profits and ripoff of the U.S.

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.004 H06PT1 H10462 CONGRESSIONAL RECORD — HOUSE November 6, 2003 taxpayers in this sweetheart deal, $850 share of rail and transportation dol- ple are paying taxes and fewer people million, $400,000 per trainer. DynCorp lars, $2.4 billion. Congratulations to are on welfare depending on govern- should be ashamed, but I suppose they the metro for voting for light rail and ment checks. Tax breaks work. are laughing all the way to the bank. the people of Harris County. f f f ELECTION OF AFRICAN AMERICAN PRESIDENT BUSH SIGNS PARTIAL ANNOUNCEMENT BY THE SPEAKER WOMEN TO MUNICIPAL COURT BIRTH ABORTION BAN ACT PRO TEMPORE (Mrs. JONES of Ohio asked and was (Mr. PENCE asked and was given per- The SPEAKER pro tempore (Mr. given permission to address the House mission to address the House for 1 LAHOOD). The Chair would ask Mem- for 1 minute and to revise and extend minute and to revise and extend his re- bers to heed the gavel. her remarks.) marks.) Mrs. JONES of Ohio. Mr. Speaker, on f Mr. PENCE. Mr. Speaker, yesterday I election day Tuesday in the city of had the privilege of sitting just a few BENEFITS FOR THE TOP ONE Cleveland, Ohio, the voters of the city feet away as President George W. Bush PERCENT of Cleveland elected four smart, intel- signed the Partial Birth Abortion Ban ligent, good-looking African American Act of 2003. In both deed and in word, (Mr. RYAN of Ohio asked and was women to the municipal court: President George W. Bush did much for given permission to address the House Emanuella Groves, reelected; Lauren the cause for life yesterday, ending a for 1 minute and to revise and extend Moore, elected for the first time; Anita period of time in our history when a his remarks.) Lassiter May, elected for the first terrible form of violence directed Mr. RYAN of Ohio. Mr. Speaker, the time; and Pauline Tarver, elected for against children inches from birth was tax cut that went to the top 1 percent, the first time. allowed under the law. we withstood that. The trade deals that But in addition to his signature, the send our jobs to Mexico, the loss of We are so excited about the oppor- President also expressed clear moral manufacturing jobs, we have talked tunity for these young women to serve leadership, saying, ‘‘America stands for about that. The vetoing or threatening and provide justice to the people of the liberty . . . and the unalienable right of vetoing the Buy American legisla- city of Cleveland. I join with the voters of life.’’ The President went on to say, tion for the defense appropriations bill, of the city of Cleveland in congratu- ‘‘Every person, however frail or vulner- we have thought that took the cake, lating these fine young women who able, has a place and a purpose in this but now the administration took out will serve well as Cleveland municipal world’’ because ‘‘the right to life can- the antiprofiteering provision for the court judges. not be granted or denied by govern- $87 billion supplemental. Give me a f ment, because it does not come from break. b 1030 government.’’ The President said, ‘‘It It is obvious now to the American comes from the Creator of life.’’ people that this administration and APPOINTMENT OF CONFEREES ON The President not only lent his sig- this Congress is bought and paid for by H.R. 1904, HEALTHY FORESTS nature to an important legislative ini- the top 1 percent of the people in this RESTORATION ACT OF 2003 tiative, but in the very best example of country. They get all the money they Mr. GOODLATTE. Mr. Speaker, pur- American leadership, he provided a want for the deals in Iraq. They get suant to clause 1 of rule XXII, and by clear moral vision, leading us away their tax breaks back. They donate it direction of the Committee on Agri- from the nightmare of abortion in to the President and they get the legis- culture, I move to take from the America. lation they want. Speaker’s table the bill (H.R. 1904) to Righteousness exalts a Nation and It is time for the American people to improve the capacity of the Secretary did so yesterday. stand up and pay attention to what is of Agriculture and the Secretary of the f going on and take the country back. Interior to plan and conduct hazardous A VOTE FOR LIGHT RAIL f fuels reduction projects on the Na- tional Forest System lands and Bureau (Ms. JACKSON-LEE of Texas asked TAX CUTS WORK and was given permission to address of Land Management lands aimed at the House for 1 minute and to revise (Mr. KINGSTON asked and was given protecting communities, watersheds, and extend her remarks.) permission to address the House for 1 and certain other at-risk lands from Ms. JACKSON-LEE of Texas. Mr. minute and to revise and extend his re- catastrophic wildfire, to enhance ef- Speaker, it is not often that we come marks.) forts to protect watersheds and address to the floor to discuss a myriad of local Mr. KINGSTON. Mr. Speaker, do the threats to forest and rangeland health, official issues, but this one is worth an- tax breaks work? Well, not according including catastrophic wildfire, across nouncing. The voters of Harris County to Howard Dean and Al Sharpton and the landscape, and for other purposes, and Houston and the metroplex have Wesley Clark and all the other liberal with Senate amendments thereto, dis- spoken in Houston, Texas. We have left running for President. But a funny agree to the Senate amendments, and voted overwhelmingly to improve the thing happened in the economy. Last request a conference with the Senate quality of life, to enhance regional mo- month, the numbers came out. The thereon. bility and to say to the world that we gross domestic product increased 7.2 The SPEAKER pro tempore (Mr. do believe that the environment is pre- percent. The economic growth rate, LAHOOD). The gentleman from Virginia mised on more and more of us being one of the highest since 1984 when Ron- (Mr. GOODLATTE) is recognized for 1 concerned about the idea of not pol- ald Reagan was President, right after hour on his motion. luting our air quality. We have voted he had cut taxes. The jobless claims Mr. GOODLATTE. Mr. Speaker, I for light rail. have decreased. More people are work- yield myself such time as I may con- For 30 years, it may sound humorous ing and there has been a surge in pro- sume. to some, but we have argued and de- ductivity. Mr. Speaker, the Nation is well bated this question in Houston, Texas, Do tax cuts work? Well, the economy aware of the problem we have with our and through large opposition, moneyed and the economic numbers that are national forests. The wildfires in Cali- opponents, misleading statements the just out say, yes, they do. People are fornia for the past 2 weeks have made people saw the truth and have voted to working. Revenues are up. Why do they it all too painfully clear that we need provide for light rail for their students, work? Because if a worker has more to take measures to protect our for- for their businesses, for their commu- money in his pocket then he is going to ests. The legislation that is before the nities, for their tourism, and for the go out and spend more. Small busi- House, H.R. 1904, that the House passed enhancement of economic develop- nesses will respond by increasing their with strong bipartisan support, accom- ment. inventory. When they do that and de- plishes that goal. The Senate has also With that vote, we now come to this mand goes up, they hire more people. passed legislation to address this mat- House to ask for our fair share, our fair When more people are hired, more peo- ter. There are substantial differences

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.006 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10463 between the House and the Senate on the disagreeing votes of the two Houses on ones that can write this legislation. this matter, and it is vitally important the bill, H.R. 1904, shall, as soon as prac- This body does not work well when we that we address this as quickly as we ticable after the adoption of this motion, do some of the things that we have meet in open session with the Senate con- possibly can. ferees and the House conferees shall file a been doing in this body over the last There is a lot of work that needs to conference report not later than Thursday, several years. be done. We will be entering another November 13, 2003. On the Committee on Agriculture, we fire season starting next spring. We can The SPEAKER pro tempore. Pursu- have a history of bipartisan coopera- see from the California fires that these ant to clause 7 of rule XXII, the gen- tion. Many of my colleagues have sug- fires can occur any time of year in dif- tleman from Texas (Mr. STENHOLM) and gested that we simply take the Senate ferent parts of the country, and so it is the gentleman from Virginia (Mr. bill, pass it and send it to the Presi- vitally important that we get this mat- GOODLATTE) each will control 30 min- dent. I am not supportive of that proce- ter resolved as quickly as possible. Be- utes. dure. We need to reach a consensus on cause there are substantial differences The Chair recognizes the gentleman the issue surrounding the Healthy For- between the House and the Senate and from Texas (Mr. STENHOLM). ests legislation. I know many on the because there is substantial agreement Mr. STENHOLM. Mr. Speaker, I yield far left and many on the far right will here on the House side that some of the myself such time as I may consume. say that is impossible, but both sides of measures in the Senate legislation do Mr. Speaker, this motion is really the aisle have a responsibility to come not adequately address the concerns very simple. It is basically intending to to the table with a willingness to com- that we have raised, we need to have a return this body to regular process. I promise. This is an issue that demands conference on this, and we are prepared know this is a novel idea around here just that kind of process if we are to do that and act very, very quickly. lately, but it requires the managers of going to deal with disasters like we It is my hope that the House will the House to meet in open session with have just seen in California, disasters pass this motion and will move to ap- the Senate conferees, House and Sen- like we have seen all over Colorado, point conferees, and then we will turn ate, Democrats and Republicans, as and all over areas of this country that to the Senate and ask that they take soon as practicable after the adoption are witnessing what happens when we the same steps over there. There has of this motion. do what we have done over the last sev- been some slowness in the movement In addition, it requires the conferees eral decades in the handling of our na- in the other body on this, and we hope to file a conference report no later tional forests. The record is there. that will be rectified by the action than Thursday, November 13. The No- I think the House bill is a good bill. taken here on the House side today. vember 13 deadline is meant to high- It was put together with bipartisan It is our hope that legislation that light the imperative nature of the support, not unanimity of opinion. was included in an appropriations bill a Healthy Forests legislation. However, There were differences held, and we few years ago to address this problem we all recognize the time-consuming will never get 100 percent to agree be- in the State of South Dakota, which nature of conferences and the short cause politically that is impossible. has far more leniency in terms of the time frame this will provide, but let But I think if we do our job in this con- flexibility given to the Forest Service me remind Members, we have been ference, as this simple motion, as I said to address the measure, address the talking about this issue for years. I re- in the beginning, a novel idea that we concerns in the State of South Dakota, member when it was chairman Bob actually allow this House of Represent- should be extended to other States Smith of the Committee on Agri- atives to function as was intended by around the country. Neither the House culture, and the tremendous work he our forefathers who wrote the Con- bill nor the Senate bill has language did all over this country in trying to stitution, gave us the responsibility to that goes as far in giving that author- reach out and find a compromise. It deliberate and set forth under the rules ity as already exists in the State of was turned down. of order of this body how we should go South Dakota, but we would certainly If we are going to deal with problems about it. like to have the opportunity to pass a as severe as what we have now wit- Yes, we can do it in a very short pe- measure worked out between the House nessed in California, it means some riod of time if we are willing to. So I and the Senate to give our national strongly-held beliefs are going to have hope and fully expect, since I cannot forests and other national lands the to be compromised in order to do imagine any controversy over this mo- same type of management tools to ex- things that some folks do not want to tion today, that it will pass. That is pedite what is necessary to protect our see done; but most people believe and not what I am most interested in, national forests from wildfire, from will agree that they must be done if we though. I am very interested in seeing disease and insect infestation, and we are going to accomplish what is needed the process work. I think this body will can accomplish that and accomplish it for our national forests. The important be better off if at least one committee, expeditiously if we move forward to ap- part of my motion is the requirement and there are a few others that still point conferees and the Senate does the that the conferees meet and deliberate function in a bipartisan way, but very same thing. on the merits of the Senate and House few. The energy bill is a prime example Mr. Speaker, I urge my colleagues to proposals. of how not to run this House. The support our efforts to move forward. We will hear that the Senate has a Medicare pharmaceutical bill is an ex- Mr. Speaker, I yield back the balance finely tuned deal if it breaks up, every- ample of how not to run this House. of my time, and I move the previous thing breaks up. I hope that is not Maybe we need a good example. question on the motion. going to be the argument. I hope that Mr. Speaker, I reserve the balance of The previous question was ordered. we can have a meaningful conference. my time. The SPEAKER pro tempore. The The House Committee on Agriculture Mr. GOODLATTE. Mr. Speaker, I question is on the motion offered by has a reputation, a long-held reputa- yield myself such time as I may con- the gentleman from Virginia (Mr. tion, of working in a bipartisan way sume. GOODLATTE). and that is why we accomplish as much Mr. Speaker, I want to say to the The motion was agreed to. good for our Nation as we do. No gentleman from Texas (Mr. STENHOLM), A motion to reconsider was laid on Speaker, no majority leader, would the ranking member of the Committee the table. ever dare rewrite a farm bill in the on Agriculture, that the gentleman is MOTION TO INSTRUCT CONFEREES OFFERED BY Committee on Rules or in the leader- correct, this is an unusual motion to MR. STENHOLM ship office. It has been tried, but it has instruct. It is also a very welcomed Mr. STENHOLM. Mr. Speaker, I offer never worked. motion to instruct. a motion. I am personally very disturbed by This is exactly the approach that we The SPEAKER pro tempore. The what I have seen going on in the en- need to take in resolving a very, very Clerk will report the motion. ergy conference. I am very interested important piece of legislation and the The Clerk read as follows: in energy legislation, and I am very differences that exist between the Mr. STENHOLM moves that the managers on disturbed when the leadership of this House and the Senate on this legisla- the part of the House in the conference on body suggests that they are the only tion. We can do it exactly because, as

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.009 H06PT1 H10464 CONGRESSIONAL RECORD — HOUSE November 6, 2003 the gentleman notes, the House Com- mittee, I think 19 of them voted for the agreement. Over 2 years ago, the gen- mittee on Agriculture, the committee legislation on the floor. There was very tleman from Colorado (Mr. MCINNIS), of primary jurisdiction over this legis- strong, overwhelming bipartisan sup- the gentleman from Oregon (Mr. WAL- lation, has a long history of working port for the legislation that the House DEN), the gentleman from Arizona (Mr. together across the aisle between the passed. SHADEGG), the gentleman from New York (Mr. BOEHLERT), the gentleman parties, Member to Member, on all b 1045 kinds of important and complex legis- from Oregon (Mr. DEFAZIO), and others lation. That calls for us to have a conference tried to work on a provision. We ended The farm bills that we pass are obvi- with the Senate, to not simply accept up reporting from the committee a bi- ously the greatest example of that. the premise that somehow the Senate partisan agreement. Unfortunately, at Farm bills bring together every region should dictate to the House as they so the end of the session, it was not taken of the country, every political ideolog- often try to do time and time again. up by the Congress of the United ical difference, every type of farm com- This matter is too important; this States. But it did, in fact, focus the re- modity, and we have to agree upon one House is too important to accept that sources on the thinning around com- piece of legislation to send to the premise. It is time that we go to con- munities where we know these cata- President for signature so American ference. We should go quickly. This in- strophic fires can occur in terms of the agriculture can plan ahead for 5, 6, 7 structs us to act quickly, to report loss of life and the loss of property. It years. That requires intense coopera- back a conference report within a expedited the consideration by the For- tion. week. We are very prepared to under- est Service and the Bureau of Land We have the same problems with our take that ambitious agenda and to Management to make sure that deci- Nation’s forests and our forest policy. work it through with the Senate, with sions could be made on a timely basis It is in disrepair. It is not working. The Members of the House on our com- so we could treat this threat when it forest fires that we are seeing in Cali- mittee, with Members of the House not was necessary, and it provided for ro- fornia now that we have seen all across on our committee, and work this out as bust public participation and critical the country, the infestation of our for- quickly as possible. This is important environmental protections. But that bill is in the past. That was ests in the east and south from disease legislation that we should send to the not accepted. In our committee we had and insects require proper management President for his signature. He is anx- open debate. People offered amend- and proper management policy. We do ious to sign it. ments. The gentleman from Colorado not have an effective working policy I look forward to working with my (Mr. MCINNIS) went on a different tack today that allows us to promptly ad- colleagues on both sides of the aisle to this time. I did not agree with that. dress these major problems that in accomplish a very fine healthy forests But it was done openly and it was done California have taken more than 3,500 final product that is worked out fairly with the amendment process. But I homes, taken the lives of 20 people, between the House and the Senate for have concerns with that legislation have scorched the earth. These are not the President’s signature. Mr. Speaker, I reserve the balance of now, and I am worried that there are natural fires that occur that thin out some huge differences between the Sen- our forests, these fires take the entire my time. Mr. STENHOLM. Mr. Speaker, I yield ate bill, which I think directs more of forests. In some places, the heat is so the resources toward the so-called intense it turns the ground to glass. such time as he may consume to the gentleman from California (Mr. urban interface where these cata- Water cannot permeate the soil. The strophic fires can happen. I want to devastation lasts for decades. Proper GEORGE MILLER). (Mr. GEORGE MILLER of California make sure that we do that. I want to management of these forest will yield make sure, as the Senate did, that we the correct result. asked and was given permission to re- vise and extend his remarks.) authorize the money to be spent. I So I agree fully with the motion to think the House bill is built on a bit of instruct offered by the gentleman from Mr. GEORGE MILLER of California. Mr. Speaker, I want to thank the gen- a fallacy and that is somehow that the Texas (Mr. STENHOLM) because it calls timber value of the trees that are re- on the conferees to be appointed here, tleman from Texas for offering this motion to instruct and appreciate his moved and thinned is going to pay for led by the Committee on Agriculture, the fire treatment that is necessary. If remarks and the remarks of the gen- to do what we have always done. And you really believe that and if that is tleman from Virginia, the chairman of we will work with the Committee on the basis on which you are going to op- the committee. The reason this motion Resources and the Committee on the erate, as does the House bill, then you is offered is because there has been Judiciary to make sure that we have would never get around to treating the concern about the deterioration of the an effective conference, and we look lands in Southern California because conference process between the House forward to working with the Senate. they are not timberlands. There is no and the Senate. As the gentleman from They have put forward a work product value to be extracted. that we are interested in. We think Texas pointed out, the process that we We were saying earlier, I think, in there are many things in the House bill are now witnessing with the energy bill Texas, you hook up an anchor chain be- not included in the Senate bill, and and with the prescription drug bill is a tween two Caterpillar tractors and you some things in the Senate bill that are disaster in terms of public participa- drag it across the land when you want not included in the House bill that are tion, public understanding of what is to get rid of this kind of scrub. That is problematic. taking place, and the protection of essentially what you are going to have But we are confident, given our his- Members of this body as they represent to do here. There is no value. This is tory of working together, that this will their constituencies. going to cost Federal dollars. Like the be a conference that includes, as the I am delighted that the Committee Senate bill, we have got to authorize gentleman requires in his motion to in- on Agriculture has a long tradition of those moneys to be spent. struct, meeting in open session with open conference committees. I believe We also have got to recognize, as we fair discussion. How do we know that that the Committee on Resources has see in Southern California, that this is will take place, because it has always that same long tradition of ironing a patchwork of public and private taken place with the Committee on Ag- these kinds of legislative conflicts out. lands, that we have got to be able to go riculture. It took place in the farm bill I think it is also important that this in and treat those public lands. I think just last year, and it will again. We motion to instruct have the date due to we have got to figure out some cost- have a good working relationship, and try to encourage the conference to get sharing with those private landowners, we intend that that carries over into this done. but we cannot let their neglect start the passage of this legislation. We do this in the aftermath of the fires on public lands or fires that get The proof of it is how we worked this California fire disasters, but the Cali- out of control. In the House bill, we do bill through the committee. It passed fornia fire disasters did not happen in a not address that. We must address that the committee by overwhelming sup- vacuum. It is not that this Congress in the conference report. port. On the floor of the House, I be- was not working on this problem; it I think that we have got to under- lieve of the 24 Democrats on the com- was that this Congress could not reach stand that time is working against us.

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.011 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10465 They say that we are going to be out of start off by saying I agree with much help to better manage our national here on November 21. We cannot go of what my colleague from California lands. into another fire year with Congress (Mr. GEORGE MILLER) had to say. This Mr. STENHOLM. Mr. Speaker, I yield failing to address this issue. It takes is an extremely important piece of leg- 7 minutes to the gentleman from Or- time to lay out these treatment plans. islation, not only to the State of Cali- egon (Mr. DEFAZIO). It takes time to marshal the resources. fornia because of our recent problems Mr. DEFAZIO. I thank the gentleman Unfortunately, historically what we that we have had with wildfires in for yielding me this time. have seen is the money that is sup- Southern California but we have also Mr. Speaker, inaction is not an op- posed to be used for treatment, the had wildfires in Northern California tion for this Congress. We must have money that is supposed to be used for and throughout much of the West and this legislation as well as some other prevention is not put there because quite frankly into the South as well in essential legislation before we leave those accounts are raided to fight the recent years. The reason that we have town. I feel strongly about that. I felt fires that result because we do not had those fires to a large degree has treat them. We saw this unfortunate more strongly, or as strongly, a year been because of mismanagement on the ago when what was previously the larg- situation where California’s Governor part of the Federal Government. It has est fire in recent Western history made application for money to treat been something that has drug on for burned between my district and the the southern lands, many of the lands and built up over the last 100 years, the district of the gentleman from Oregon that burned, joined in bipartisan sup- management of our national forests, of (Mr. WALDEN), the Biscuit Fire. We en- port from our delegation asking that our BLM lands. The decisions that tered into discussions last fall and this money be used, made the applica- were made in this body and by numer- came very close to bringing a bill for- tion many, many months ago, unfortu- ous administrations over the years led ward into the House. Unfortunately, nately turned down, and then we had us to this point where we have an in- the clock ran out because of the elec- the fires. Could we have been able to tolerable level of fuels throughout our tions. This year we are not operating treat that? Some of it. Not all of it. public lands which has caused these under the imperative of pending elec- Not by any means. But it takes time to fires not to be a natural fire but to be tions. We can stay here as long as we move into these areas. It is going to a catastrophic fire that goes in and need, and we should, to get this legisla- take real resources. You simply are not burns areas. going to be able to take enough timber I agree with my colleague from Cali- tion done. off these lands if you do it properly and fornia that we cannot allow this to The Senate bill is not a perfect bill. pay for the kind of treatment. drift into some partisan whirlpool, I It is not the bill that I would have So Congress has got to understand think was his comment. When I hear written, but it is, in my opinion, in a after the disasters of California that I people in the other body saying that number of areas, which I will touch on think most of the people in the United they are going to refuse to go to con- briefly, far superior to the House bill; States would believe that this is an ference on this bill, that is intolerable. and it does have a statement of support area of priority where America’s gov- This is something that we should have from the administration. So we know ernment ought to spend money to pro- acted on many years ago. I hear some that if we were to just take up that bill tect America’s forests, to protect the of those in the other body saying that and pass it from the desk, which is no timber crops, to protect the rec- this is a carefully crafted bill that they longer an option having gone to con- reational values, and to protect those spent weeks putting together. Well, ference, that we could enact it into communities that are now located in this body has spent years putting this law. So hopefully there lie the seeds of that catastrophic zone where fires can bill together, in doing the research and an agreement here. get out of control and we have no way putting this bill together. The first Why do I feel that the Senate bill is to prevent the loss of life and of prop- bill, the healthy forest bill that was in- superior? What I say briefly, and it is erty. troduced in the House, was introduced hard to quantify things around here a I want to thank the gentleman from lot, but the Senate bill is 760 million Virginia for his comments and for his in 1995. This has been something that we have been working on for a number times better than the House bill. Some- understanding of what we are trying to one may say, how did you come up accomplish with this motion in terms of years. A couple of years ago, the gentleman with that number? The Senate bill in- of an open and public conference com- from Colorado (Mr. MCINNIS), the gen- cluded a $760 million annual authoriza- mittee, and I want to thank the gen- tleman from Oregon (Mr. WALDEN), and tion to do the fuels treatment. Why is tleman from Texas for offering this. I others sat down and tried to craft a that important? This is something that also want to thank my chairman of the cannot be done for nothing. The House Committee on Resources, the gen- compromise that we could bring to the House floor. As we worked through bill omitted any new funding for fuels tleman from California (Mr. POMBO), that compromise, we were not able to treatment. The national fire plan, for the manner in which we were al- which is supposed to deal with these lowed to debate this measure in the get the other body to move along with us. We put together a bill and spent fuels issues, is chronically underfunded House. I would hope that this would as the gentleman from California men- not get sucked into this whirlpool of months and hours in working through tioned previously. So is firefighting. So partisanship and the shutting down of and crafting a bipartisan bill. every year the Forest Service is con- conference committees, because this is As my colleagues on the House Com- fronted with major fires; they then a matter that is desperately important mittee on Agriculture have said, this freeze and begin to borrow from other to so many of our communities in the was something that was passed bipar- accounts and almost every year they timberlands and the wildlands of the tisan. I serve on the Committee on Ag- borrow from the national fire plan fuel United States. riculture. Yes, it was a bipartisan bill Mr. GOODLATTE. Mr. Speaker, it is coming out of the Committee on Agri- treatment accounts. my pleasure to yield 3 minutes to the culture. It was a bipartisan bill coming So instead of acting to prevent future gentleman from California (Mr. out of the Committee on Resources. It fires, we borrow the money to pay for POMBO), the chairman of the Com- was a bipartisan bill coming off the current firefighting because we always mittee on Resources who has worked so House floor. It was something that we start the year underfunded on fire- closely with us and has provided so worked extremely hard on to put to- fighting. This year was no exception. much leadership. Being from the State gether and craft a balanced bill. That And despite the actions last week on of California, he knows full well the na- is what we are going to conference other legislation, the Forest Service is ture of the problem out there and with. All I ask is that those in the still going to have to eat $300 million of knows this is a problem that exists other body come to that conference those fire costs out of its budget, which across the country. with that same dedication, to craft a means reductions in recreation and in Mr. POMBO. I thank the gentleman bipartisan bill, a bicameral bill that we fuel reduction and other programs that for yielding me this time. can put on the President’s desk. If we are already underfunded. So we need a Mr. Speaker, I rise in support of this can do that, we can deliver something substantial sum of dedicated funds to motion to instruct. I would like to that will help the American people and deal with this problem.

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.012 H06PT1 H10466 CONGRESSIONAL RECORD — HOUSE November 6, 2003 The only good study out there was bust funding. That will not only begin to prevent the kinds of catastrophic done at the Northwest Research Sta- to move us forward in dealing with this fires we saw in California this year, tion in Oregon. They said, looking at huge backlog of fuels accumulation that we have seen in Oregon year after the Klamath forest, which is fairly typ- and doing it the right way, leaving the year, and to get in and clean up these ical of a lot of the intermountain for- large, old fire-resistant trees, returning forests, to get the brush out, to get the ests, dry, not a lot of commercial value the forests to more of a presettlement ladder fuels out, so that we can have in there but a tremendous amount of condition, a natural condition, but it healthy forests, green forests, not fuel accumulation, that after backing will also put rural communities to black ones, so people are not forced to out the commercial value of anything work, and it will avoid sometime down evacuate and lose everything that they removed, it would still cost $1,684 an the road, and unfortunately not imme- have spent a lifetime trying to create acre to do the work. diately, some of these absolutely mas- around their homes, so that we can b 1100 sive fires and massive costs that are in- protect communities. curred with the fires because after There are some issues in the Senate If they say there is 20 million acres these forests are treated, fires can be- bill I have some disagreements with. that are critical and need work, that come more of a natural regime, and we They tripled the size of the bill, first of would be $34 billion. So the Senate bill, will not have to fight them as aggres- all, from 51 pages to 153 pages. Now, at $760 million a year, does not get all sively. They will not present the there are some editorial writers sup- the way there, but it gets us down the threats to life and property that they porting the Senate bill, telling us in road. It would provide for a big boost in do today. the House we had to adopt it before the rural communities for jobs to get peo- So I am supporting this resolution Senate even finished amending it, ple out there and do the work, because with the hope that before this Congress which is kind of ironic. They have it would not pretend that we can do leaves that we will have a viable bill added protection for ginseng and Green this for nothing. that can be passed by both Houses by a Mountain National Forest Boundary Further, even more instructive, the large bipartisan majority and signed by and a prohibition on cock fighting, and President was to go to the Metolius the President of the United States, so Karst conservation in Puerto Rico, basin to hold a press conference regard- we can begin this absolutely vital work some things that are not normally con- ing the fuel reduction legislation this before the next fire season. sidered prime topics when it comes to year. He could not because of a fire. I thank the gentleman for yielding hazardous fuels reductions in Federal But that Metolius thinning project was me this time and for his indulgence. forests. I mean, I do not know what to be conducted of large trees of sub- Mr. GOODLATTE. Mr. Speaker, I ginseng labeling has to do with haz- stantial commercial value in an area yield 3 minutes to the gentleman from ardous forests, but we are dealing with that is already eroded and virtually Oregon (Mr. WALDEN), who has been a the other body here, and we will ac- flat. But even given all that and given leader on this issue as well. commodate them to the best of our the fact there was going to be 20 mil- Mr. WALDEN of Oregon. Mr. Speak- ability. But our focus has to be on lion board feet of high-value commer- er, I would just like to commend my making sure we solve the procedural cial timber taken out of that fuel re- colleague from Texas for offering this problems. In some of the hazardous duction, it was still going to cost a net motion to instruct. I think it is a valid fuels reductions projects the Members of $400 an acre for the Forest Service. one. I think it is an important one. I have heard about in my State today So that just underlines the point that concur with his comments about the from my colleague, what was not men- even in the areas where there is viable need to conduct this discussion in open tioned was the fact that some of those commercial timber to be removed, un- and in a conference. It is probably mis- very projects were appealed by groups less they remove it all, which would placed in that where it really needs to while those places were burning this not make a lot of sense in terms of pro- be put is to our fellows and ladies on summer. The audacity. These groups tecting the values of the forest and the the other side of the Chamber in the are actually appealing a hazardous old fire-resistant trees, they are not sense that we need them to come to the fuels project on the same day part of going to be able to do it without pay- conference. I think we have a reputa- that proposed hazardous fuels project ing for the work. That would cost $400 tion in the Committee on Agriculture was burning. This is how out of control an acre. So inclusion for an authoriza- and the Committee on Resources, as we the appeals process is. This is why this tion for funding hopefully at the Sen- have heard, about in the importance of legislation is so critical, and why we ate level, maybe even higher, would be working together, debating these need to go to conference and act swift- absolutely essential to pass a bill that issues, coming to closure in a fair and ly to pass it. is going to get the job done. aboveboard and open way. I thank the chairman for yielding me Two other issues. I do not totally I want to point out too that when it this time. trust the government to always do comes to the issue of hazardous fuels Mr. GOODLATTE. Mr. Speaker, I what is right, no matter who is sitting reduction, we have heard a lot about yield 6 minutes to the gentleman from in the White House. I did not trust the how the Senate bill provides a $750 mil- Colorado (Mr. MCINNIS), the original Clinton Administration to always do lion a year authorization, and, indeed, chief sponsor of this legislation. We what was right. I do not trust this ad- we know that authorization is impor- thank him for his efforts. ministration to always do what is tant. What we never hear is the fact Mr. MCINNIS. Mr. Speaker, first of right. And removing any right of mean- that in the underlying law, the law al- all, I would like to compliment the ingful appeal or judicial review is not ready on the books that provides for chairmen of the various committees. an option, as far as I am concerned, in the national fire plan, there is already The gentleman from Virginia (Mr. actions that affect public resources and an authorization that provides for such GOODLATTE), in his committee he expe- the public generally, and the Senate sums as may be necessary to be spent dited this bill. He understood very bill does a much better job of pre- for hazardous fuels work. clearly what the threats were out there serving people’s right to appeal and to So in other words, the Department of not only just in the West but obviously go to court, but limits it so that there Forestry and the Department of Inte- threats in the East as well. will not be frivolous appeals. It re- rior both have the authority already And this bill addresses not just fire quires meaningful participation. And I under existing law to spend whatever hazards. Do not forget we have a very believe if we adopted something like sums are necessary that can be appro- evil beetle out there, and these beetles the Senate bill that there would be few, priated by this Congress to do the kind go out there, and they are like a cancer if any, appeals. And very few, if this is of work that we are talking about on a tree. It is like once that beetle done right, successful appeals that needs to be done. And in fact, in the lands on that tree, that tree is dead, would delay projects. last 5 years we have quadrupled in the and that tree only has commercial via- So the bottom line here is we do have Congress the spending on hazardous bility for about 2 years. So if they can- the possibility of getting a bill done fuels work, recognizing the importance not get that tree out of the forest with- this year, and I believe we must get a of doing this work. But so much more in a 2-year period of time, two things bill done this year. It must include ro- has to be done out there if we are going happen. One, they are going to have to

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.014 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10467 pay somebody to take it out of there able to go in and manage our forests. ests. That is what this bill is about. because it has no commercial viability What has happened is we have taken That is why this bill should be ap- for others to pay them to take it out of the management away from the green proved. That is why the gentleman there; and, two, it is a cancer that is hats. What are the green hats? I say from Texas’s (Mr. STENHOLM) motion to sitting there spreading not just to that in a complimentary fashion. instruct and get this done now while other dead trees, but to live trees. This Those are the Forest Service people. we have got a deal in line, that is why beetle is wrecking havoc on our forests, Take a look at the U.S. Forest Service, we ought to support this. So I stand and the chairman saw this. The chair- stop any ranger anywhere in the coun- strongly in support of that. I commend man knows first hand, and I appreciate try. Do the Members know what they Members on both sides of the aisle. that. are going to find out about their back- This bill has bipartisan support. It The gentleman from California (Mr. ground? They are going to find out that ought to pass, and we need to get into POMBO), the chairman of the full com- ever since they were little they those forests and let our green hats do mittee, the Committee on Resources, dreamed of being a ranger in the Forest their job. of course, he comes from the State of Service. They went to college. They Mr. STENHOLM. Mr. Speaker, I yield California, which has just suffered dev- got a degree in forest management. 3 minutes to the gentleman from Wash- astating losses in the last 3 weeks. My- They are in that forest every day of the ington (Mr. INSLEE). self, I come from the State of Colorado. week. They do not work for money. We b 1115 The mountain I grew up on, the base, do not pay them a lot of money. They Storm King Mountain, several years work because they love the forest. Mr. INSLEE. Mr. Speaker, we are ago we lost firefighters, 15 firefighters They love that job. looking forward to a healthy, open con- on that mountain. These fires are dead- Who do the Members think ought to ference. We hope this conference will ly things, and we must deal with them. be managing those forests? The Na- set a new high standard in openness Fortunately, we have had great co- tional Sierra Club, which tries any ob- and bipartisanship in the House. But operation. I appreciate the gentleman stacle they throw up? Do the Members there are a couple things I think we from Texas’s (Mr. STENHOLM) motion think the United States Congress need to talk about that are challenging today to instruct the conferees. Al- ought to be managing those forests? us in bringing this bill to completion, though it is not binding on the Senate, The people that ought to be managing and that is, first, a recognition that we perhaps it will give the Senate a little those forests are the experts, the U.S. have a severe resource limitation that more incentive, as if the last couple of Forest Service. is the real limitation as to what real weeks the disasters in California were We will continue to suffer massive treatment we can do on our forests, not enough incentive of its own. losses as a result of fire and beetle kill and that no matter what we do in this And I must say that the gentleman if we do not let the Forest Service do bill, the amount that has been appro- from California (Mr. GEORGE MILLER) what the Forest Service is best at priated to date still will only treat and the gentleman from Oregon (Mr. doing, and that is in managing the for- about maybe 2 percent of the acreage DEFAZIO), I can tell the Members if ests. And that is what this bill does. of the hundreds of thousands of acres they set my voting record next to that But we do have a roadblock facing us that need treatment in our national of the gentleman from California (Mr. out there. Our roadblock is the Na- forests. GEORGE MILLER) or, in fact, the gen- tional Sierra Club, which has put ev- That is an important point, because tleman from Oregon (Mr. DEFAZIO), erything into overdrive to try to stop if we only have enough to do 2 percent outside of procedural votes, we prob- this bill. They are saying to the gen- of the acreage that really could poten- ably disagree 95 percent of the time. eral public they are going to cut down tially use thinning or other treatment These two gentlemen, along with the old growth. They are saying they are in our forests, we have to really able leadership of the gentleman from going to clear-cut, as if we are going prioritize where we are going to do this Oregon (Mr. WALDEN), came to the into the Sequoia National Park and cut work. table last year, and we had some of the down those great big trees. They are One of the elements we hope to talk best good-faith negotiations that I saying this is all about lumber compa- about in our conference is how to have seen in my elected history, and I nies. Thank goodness, we have got prioritize this work where it is going to have been in elected office for 21 years. somebody who will take that wood. be most effective. That is why many of The gentleman from California (Mr. And by the way, there is not one per- us have been talking about prioritizing GEORGE MILLER) and the gentleman son in this Chamber, there is not one our work to be in the areas where it from Oregon (Mr. DEFAZIO) stood up, member of the National Sierra Club, will have the greatest benefit to save and they stood up to the radical envi- there is not one member of Earth human life and human property, and ronmental community, which is the First!, there is not one member of that is in the wild-line urban interface only thing that is going to kill this Greenpeace that does not use wood and the areas closest to our towns, sub- bill. products. They sit at wood tables, by urbs, and homes. Two years ago, as soon as the Na- the way, to write us nasty letters. We will be talking in the conference tional Sierra Club and the Greenpeace They live in a house that has got wood about a way to focus our energies on and the Earth First! Organizations throughout the house. those highest priority areas, because, if found out that the gentleman from The key here is do not let we do not, we risk really squandering California (Mr. GEORGE MILLER) and Greenpeace, do not let the National Si- some of it out in sort of the Timbuktu the gentleman from Oregon (Mr. erra Club, do not let Earth First! block areas while we are losing homes in DEFAZIO), the most ardent environ- what is the most significant piece of fires, as we have in California most re- mental supporters in the U.S. Con- forest legislation we have had in 2 dec- cently. So that will be an element we gress, as soon as they found out that ades. We have got very ardent support hope to discuss in the conference. they were sitting down with the gen- from very capable people from the en- Second, we hope to have a product tleman from Oregon (Mr. WALDEN) and vironmental side of the U.S. House, the that can be embraced by all points of with me and with the various chair- gentleman from California (Mr. the ideological compass. One of the men, they said they had just joined the GEORGE MILLER), the gentleman from things we hope to be able to accom- ‘‘chain saw caucus.’’ If the Members Oregon (Mr. DEFAZIO), two very capa- plish is a description of the thinning want to know what is going to beat ble, strongly environmentally-oriented that will assure that we are really this bill, it is the persuasion that some people. We have the gentleman from doing thinning, rather than disguised of these organizations like the Na- Virginia (Mr. GOODLATTE), the chair- commercial harvest. We think we can tional Sierra Club are having on some man of our committee, and the gen- accomplish that in some fashion of of our colleagues in both of these tleman from California (Mr. POMBO), taking off-limits the old-growth timber Chambers. both, very strongly committed to the that gets us into political battles, rath- It is imperative. We are very close to environment but with the under- er than really furthering the effort to a compromise. We are very close for standing that we have to use common carve out or to thin out some of the lit- the first time in several years of being sense in the management of our for- ter brush on the forest floor.

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.017 H06PT1 H10468 CONGRESSIONAL RECORD — HOUSE November 6, 2003 Frankly, one of the problems we have rights addition in the Senate survives debate today, because that is exactly of winning public trust for this pro- the pruner’s knife. what we intended from this motion. It gram is the fear that this will be used Mr. GOODLATTE. Mr. Speaker, I is the history of the Committee on Ag- as a guise to cut down 5-foot-in-diame- yield myself the balance of my time. riculture, working with other commit- ter trees in some of our old-growth for- Mr. Speaker, I will just say very tees, to let the process of the House of ests to finance this program. We hope briefly that this motion to instruct Representatives work its will and come we will come out with a final con- conferees offered by the gentleman together in compromise. ference bill that will not be using old- from Texas is very welcome. It is ex- Compromise has never been a four growth timber to finance this program. actly what we need. We hope the mes- letter word to me or to anyone else in There are a lot of ways, probably sage is received, not only here on the this body. It means that some have to 1,000 different ways, to describe old- House side, but also on the Senate side, give on some very strongly held beliefs. growth timber. We need to find some. that we will work together in an open Sometimes it means to have to say no We need to assure the American public conference, across party lines, and we to some of the organizations who take we really do have a healthy forest ini- will work together with the Senate to a great deal of interest in this process. tiative, not a clear-cut initiative, and accomplish that. But it is absolutely My friend from California mentioned not a ‘‘let’s get the old growth timber essential that the Senate take the a moment ago that down in my dis- because that is where the most com- same step that we are taking here trict, when we clear out the under- mercially valuable trees are.’’ That today and do it as quickly as possible brush, we take two Caterpillars and a should be doable. I look forward to so we can meet the timetable put for- string of chain between them and drag working on a bipartisan basis to ac- ward by the gentleman from Texas. it across it. I want to go a little further complish that. Secondly, it is absolutely important with that. We do that for a different Mr. GOODLATTE. Mr. Speaker, I that the message go out that this Con- reason; we do that to preserve mois- yield myself 30 seconds just to say to gress on this issue has worked to- ture. the gentleman from Washington, I ap- gether, and worked together very well. In fact, we have a couple of bills preciate his comments; but I would The place where we find the extremism pending right now, working with my point out that with regard to the old- that some have expressed concern colleague, the gentleman from New growth forests and the 5-foot-diameter about has been on the outside, the or- Mexico (Mr. PEARCE), on salt cedar. In trees that the gentleman referred to, ganizations like Greenpeace and the areas of arid Texas and New Mexico nothing in the legislation that the Sierra Club and Earth First!, extrem- and Colorado and other areas, more House passed, much less anything in ists who send the mail to so many peo- New Mexico and Texas in this instance, the Senate bill, would override the ple. we have a need of controlling brush to Northwest Forest Plan that protects We have all seen it. It is designed to preserve water so that our people will every old-growth tree in the entire raise money for these organizations. If have something to drink. Northwest. It does not override any they said that the gentleman from But here a little novel idea just forest plan anywhere in the country. California (Mr. GEORGE MILLER) was popped into my mind, because when we So the gentleman should rest assured meeting with the gentleman from Colo- clear brush in Texas, many times the that this legislation is not going to af- rado (Mr. MCINNIS), who has very dif- landowners pay for all of it themselves, fect the type of tree that he described ferent points of view, to work out their if they can, and many of them can and to us a few minutes ago. differences, do you think that would do. They expect no one to come in and Mr. Speaker, I am happy to yield 2 generate a lot of revenue for these or- help them clear out the trash on their minutes to the gentleman from Mary- ganizations? I think not. own land. land (Mr. BARTLETT). What they do is try to portray this In many cases though we have cost- Mr. BARTLETT of Maryland. Mr. legislation and this Congress as being share. We have programs that are set Speaker, since there still is embolded extremist. That is wrong, and that is up that are designed to provide cost- in large cast letters above your chair where the problem lies. We need to re- sharing. We have got an excellent one the words ‘‘In God We Trust,’’ maybe it ject that. We need to reject the false- going in Texas, in which the State of would be appropriate for me to note for hoods that are being portrayed about Texas puts up a share of money, the the Sierra Club or Earth First! and the legislation on the outside, to work local landowner puts up a share of Greenpeace that if they will go and together in the interests of the Amer- money, in some cases the local county read the Biblical account of creation, ican people, work together in the inter- puts up a share, and the property they will find that when the Lord ests of our national forests here on the owner is expected to put up their share placed Adam and Eve in the garden, he inside to produce a final product that of the money. The Federal Government charged them to dress and keep the will really address a severe crisis that then puts up its share. garden. The point is that even in a per- we have. This is an idea that I think we ought fect world, the Lord recognized there It is time to stop that kind of game to pursue as we go into a conference on was a need for man to intervene in the playing, and it is time to get serious this, because the gentleman from Cali- process of nature. about addressing this problem. We are fornia is exactly right, we are not talk- So I hope these groups will take that so close to something that we have ing about forest lands in the area many into account and note that that is ex- sought for so long that we should not a time that have been burning recently actly what this bill does, and it is all allow that outside rhetoric, that out- in California. We are talking about a that this bill does, is to appropriately side pressure, to deter us from what different kind of problem that needs to intervene in the process of nature to needs to be done. be solved, and can be solved, if we benefit the forest. What needs to be done is exactly would just put our shoulder to the The other body has passed a similar what the gentleman from Texas has de- wheel and solve it. bill, of course, with a lot of extraneous scribed in his motion to instruct. We Resource limitations are very real, material, most of which costs money. I need to meet, we need to meet openly, that is true; but also doing nothing is know you are going to want to prune a we need to meet now, and we need to not an option. Even though in my dis- lot of that out. I hope there is one lit- produce a product that works out the trict we do not have any forests, I rec- tle piece of that extraneous material differences between the House and the ognize the importance of the work of that survives the pruner’s knife, and Senate by next Thursday. the gentleman from Virginia (Mr. this is a little piece of legislation that Mr. Speaker, I urge my colleagues to GOODLATTE), the gentleman from Cali- has to do with animal rights. It simply endorse and support this motion to in- fornia (Mr. POMBO), the gentleman enhances the penalties for interstate struct conferees. from Oregon (Mr. WALDEN), the gen- commerce in cockfighting and dog Mr. Speaker, I yield back the balance tleman from Oregon (Mr. DEFAZIO), the fighting. It costs zero dollars; and it of my time. gentleman from Washington (Mr. INS- will do a lot of good, because now these Mr. STENHOLM. Mr. Speaker, I yield LEE), all of my colleagues that have crimes will be prosecuted. myself the balance of my time. spoken today. So my congratulations for a really Mr. Speaker, I would just say I appre- Everyone now recognizes that this good bill. I hope that this little animal ciate the tenor of this discussion and debate has gone on longer than it

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.018 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10469 should. We are that close. We have two the Senate amendments, and modifica- the gentleman from Virginia (Mr. bills. It is not impossible. In fact, it is tions committed to conference: Messrs. SCOTT) each will control 30 minutes. more than possible that we can achieve GOODLATTE, BOEHNER, JENKINS, GUT- The Chair recognizes the gentleman what we are saying with this motion to KNECHT, HAYES, STENHOLM, PETERSON from Wisconsin (Mr. SENSENBRENNER). instruct today. It will just take the of Minnesota and DOOLEY of California. Mr. SENSENBRENNER. Mr. Chair- sincere dedication that we know we From the Committee on Resources, man, I yield myself such time as I may have on the House Committee on Agri- for consideration of the House bill and consume. culture, working with the Committee the Senate amendments, and modifica- Mr. Chairman, Federal Prison Indus- on Resources. And I know it exists with tions committed to conference: Messrs. tries, or FPI for short, was first au- the Senate. We have always had, when POMBO, MCINNIS, WALDEN of Oregon, thorized in the 1930s to require Federal agencies to buy goods made by inmates it comes to agriculture, an excellent RENZI, GEORGE MILLER of California in Federal prisons. The purpose of FPI working relationship to go to con- and INSLEE. ference, to work it out. That is exactly From the Committee on the Judici- was to ensure work and training for what this motion does. I hope the ary, for consideration of sections 106 prison inmates by guaranteeing a mar- House will accept it. and 107 of the House bill, and sections ket for prison-made goods. Although Mr. GEORGE MILLER of California. 105, 106, 1115, and 1116 of the Senate Federal Prison Industries may have started with good intentions, it has Mr. Speaker, will the gentleman yield? amendment and modifications com- been surrounded by controversy since Mr. STENHOLM. I yield to the gen- mitted to conference: Messrs. SENSEN- its inception. tleman from California. BRENNER, SMITH of Texas and Mr. CON- Mr. GEORGE MILLER of California. FPI enjoys a mandatory market for YERS. its goods, a government facility to Mr. Speaker, I thank the gentleman for There was no objection. yielding. produce them in, and pays its workers Mr. Speaker, when I was talking f less than the minimum wage to manu- about dragging the chains across the GENERAL LEAVE facture them. A guaranteed market for its products and reduced costs for labor desert, I did not mean that to be derog- Mr. SENSENBRENNER. Mr. Speak- and capital clearly amounts to an un- atory. That is a practice that works. In er, I ask unanimous consent that all fair advantage when put in direct com- California, we cannot criticize that, be- Members may have 5 legislative days petition with private industries. As cause then we take the mesquite and within which to revise and extend their Members of Congress, I believe it is our turn it into mesquite charcoal for remarks and include extraneous mate- duty to protect the pocketbooks of tax- those oven-roasted, free-range chick- rial on the bill, H.R. 1829. ens. payers by ensuring that the Federal The SPEAKER pro tempore. Is there Government is not misusing taxpayer Mr. STENHOLM. Mr. Speaker, re- objection to the request of the gen- claiming my time, I took it exactly dollars. I believe it is also our duty to tleman from Wisconsin? protect American business and workers like the gentleman meant it. It was a There was no objection. compliment. I appreciate the support from unfair competition by the Federal f in this, because in many cases some of Government. the folks do not agree with us on doing FEDERAL PRISON INDUSTRIES FPI is a large, government-owned that either. COMPETITION IN CONTRACTING corporation. It currently operates 111 Mr. GOODLATTE. Mr. Speaker, will ACT OF 2003 factories at 71 of its correctional insti- tutions where it produces goods in over the gentleman yield? The SPEAKER pro tempore. Pursu- Mr. STENHOLM. I yield to the gen- 150 product lines under the trade name ant to House Resolution 428 and rule UNICOR. It offers approximately 150 tleman from Virginia. XVIII, the Chair declares the House in Mr. GOODLATTE. Mr. Speaker, if broad classes of products and services the Committee of the Whole House on the gentleman will provide the mes- through eight business groups. And the State of the Union for the consider- quite, we will provide the chickens. there is no question FPI hurts private ation of the bill, H.R. 1829. Mr. STENHOLM. Mr. Speaker, re- industry. For example, in fiscal year claiming my time, one of the require- b 1130 2002, the FPI sold over $210 million in office furniture, representing a 17.2 ments that I have had all along in this IN THE COMMITTEE OF THE WHOLE share of the office furniture market na- is do not muck around with my mes- Accordingly, the House resolved tionwide. quite trees, whatever you do. But now itself into the Committee of the Whole we are talking about a very good, con- Since I was first elected to Congress, House on the State of the Union for the I have been working to correct the sit- structive use of mesquite trees. We consideration of the bill (H.R. 1829) to have now got delineated, outlined uation with FPI and level the playing amend title 18, United States Code, to field for private industry. I became in- clearly, how we can provide more of it, require Federal Prison Industries to and we have a market for it, so I al- terested in this issue out of concern for compete for its contracts minimizing small businesses in my district in Wis- ready see some benefits to this bill its unfair competition with private sec- that are going to accrue to the 17th consin. Two businesses in my district tor firms and their non-inmate workers were shut down as a direct result of Congressional District of Texas in the and empowering Federal agencies to new market for mesquite trees. competition from FPI. Other busi- get the best value for taxpayers’ dol- nesses sought my help when FPI But here let us get back to serious- lars, to provide a 5-year period during ness. I hope we can do what this mo- threatened to come in and begin manu- which Federal Prison Industries ad- facturing small engines. Over the tion does. justs to obtaining inmate work oppor- Mr. Speaker, I yield back the balance years, I have received dozens of letters tunities through other than its manda- of my time, and I move the previous complaining about FPI and asking tory source status, to enhance inmate question on the motion. Congress to eliminate mandatory The previous question was ordered. access to remedial and vocational op- source in favor of a more competitive The SPEAKER pro tempore (Mr. portunities and other rehabilitative op- market for Federal agency business. SHAW). The question is on the motion portunities to better prepare inmates Because of these concerns, it is not sur- to instruct offered by the gentleman for a successful return to society, to prising that industry and labor have from Texas (Mr. STENHOLM). authorize alternative inmate work op- joined Members of this body in seeking The motion to instruct was agreed portunities in support of non-profit or- reform of Federal Prison Industries. to. ganizations, and for other purposes, Mr. Chairman, H.R. 1829, the Federal A motion to reconsider was laid on with Mr. SHAW in the Chair. Prison Industries Competition and the table. The Clerk read the title of the bill. Contracting Act of 2003, is a bipartisan The SPEAKER pro tempore. Without The CHAIRMAN. Pursuant to the solution to reform prison industries. objection, the Chair appoints the fol- rule, the bill is considered as having This legislation would alter the way lowing conferees: been read the first time. FPI does business by requiring that From the Committee on Agriculture, Under the rule, the gentleman from FPI compete for its business opportuni- for consideration of the House bill and Wisconsin (Mr. SENSENBRENNER) and ties. Currently, all Federal agencies

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.020 H06PT1 H10470 CONGRESSIONAL RECORD — HOUSE November 6, 2003 must purchase products offered by FPI, payer dollars in the most efficient them are small, minority- and women- which is commonly referred to as FPI’s manner possible. owned, disadvantaged businesses. For ‘‘mandatory source’’ status. FPI, rath- The barriers to entry that mandatory many of them, FPI is their only client. er than the buying industry, currently source creates prevent the establish- So a high number of these private sec- determines if FPI’s offered product and ment of new businesses and new jobs. tor jobs held by law-abiding citizens delivery schedule meet the needs of the Reforming this program and elimi- will be gone immediately with the buying agencies. nating mandatory source will help cre- elimination of mandatory source of Now, just stop and think about that. ate jobs for law-abiding, tax-paying FPI, since there will be no reliable FPI There we have the manufacturer rather citizens. revenues or orders. than the customer deciding whether or Mr. Chairman, I urge my colleagues And when these jobs are lost, they not the product and the delivery sched- to join me in supporting this legisla- will not be made up by the business ule meet the needs of the agency that tion. leaving FPI and going into other pri- is supposed to buy the product. That Mr. Chairman, I reserve the balance vate businesses. The whole of the FPI does not happen anyplace else in our of my time. revenues constitute less than one-quar- economy. FPI, rather than the buying Mr. SCOTT of Virginia. Mr. Chair- ter of 1 percent of Federal agency pur- agency, determines the reasonableness man, I yield myself such time as I may chasing, about the same as it was in of FPI’s offered price. consume. 1935. With the entire private sector Now, think about that again. There Mr. Chairman, the Federal Prison In- market and 99.75 percent of the Federal we have the seller saying this is the dustries program, or FPI, has been market, spreading the remaining one- price you have to pay and the buyer around since the 1930s. Under the law, quarter of 1 percent of the Federal has no choice but to pay that price. Federal agencies are required to buy market over all of the private sector This is not the way the Federal Gov- needed products from FPI if FPI can businesses is not likely to create any ernment should do business. And, it in- meet their order. The purpose of the jobs. It will simply be absorbed in the creases our Federal budget deficit. program is to teach prisoners real work existing workforce with little effect on This bill would gradually phase out skills so that when they are released work levels. Less than 25 percent of the exclusive right of FPI to sell goods from prison, as they ultimately will be, Federal agency purchases go to small to Federal agencies by October 1, 2008. they will be able to find and hold a job, businesses, so the bulk of the business The bill also changes the manner in they will be able to support themselves taken away from FPI will go to big which FPI sells its products and serv- and their families, and they will be less business, be absorbed, and not create ices through the various Federal de- likely to commit additional crimes. any businesses to offset those that are partments and agencies. During the It is clear that the program works to lost. phaseout period, FPI would be required do just that. Follow-up studies cov- Now, critics say that FPI has re- to provide the agency with the product ering as much as 16 years of data have sulted in substantial job losses for law- that meets its needs at a ‘‘fair and rea- shown that inmates who participate in abiding citizens. The furniture and ap- sonable price’’ and in a timely manner. prison industries are 14 percent more parel industries are two of the indus- H.R. 1829 would establish new com- likely to be employed and 24 percent tries most often cited. But when asked, petitive procedures for government less likely to commit crimes than oth- representatives of these industries con- procurement of products and services ers who did not participate in the pro- ceded that FPI sales represent an insig- that are offered for sale by FPI. It gram. While this certainly benefits of- nificant or negligible portion of their would require that FPI sales to Federal fenders and their families, there is a industries, and if such industries are agency customers be made through more important public policy perspec- having problems, it is not due to the contracts won on a competitive basis tive, and that is that the real benefit impact of FPI. I have been told that for both products and services. Like for all of us is that as a result of the 600,000 jobs were lost over the last 10 other suppliers to the Federal Govern- program, they will be less likely to years in the textile industry. There are ment, FPI would be required to fulfill commit crimes. We are prepared to roughly 7,000 prisoners working in tex- its contractual obligations in a timely spend billions of dollars in prison con- tiles in FPI, and certainly we cannot manner. struction and prisoner upkeep in our blame a few thousand prisoners for the In order to ensure that inmates are efforts to reduce crime. This is a pro- loss of 600,000 jobs. not idle, there are provisions in the bill gram that reduces crime while it pays All able-bodied inmates in the Fed- that provide funds for inmate rehabili- for itself. eral system are required by law to tation and training. To address any Now, H.R. 1829 will result in fewer in- work. Few offenders enter prison with concerns regarding prison safety and mate jobs with increased taxpayer marketable work skills. The vast ma- the safety of correctional officers, costs and an increase in crime. The jority do not have credible work habits there are provisions in this legislation CBO estimates that it will cost over a such as showing up for a job and work- which allow the Attorney General to half a billion dollars with at least $177 ing cooperatively and productively authorize mandatory source contracts million of that in additional security with others. Such habits are required for prisons where a safety risk exists. costs to guard the inmates who are to maintain an FPI job. These are the These common sense approaches to made idle by this bill. The other part of same requirements and same habits re- reforming prison industries will allow the half billion dollars is attributable quired to be productive in desirable FPI to continue operations, but will to the cost of vocational education and workers anywhere, and that is why in- not allow it to continue to overcharge other alternatives to replace FPI when mates with FPI experience have been Federal agencies and American tax- those jobs are lost. However, nothing found to be significantly more employ- payers, and it will not allow it to con- guarantees that the half billion dollars able than those who do not. tinue to have an unfair advantage over will actually be funded, other than the With the elimination of parole, with small business with a guaranteed con- phantom promise of an authorization the elimination of good conduct cred- tract, an unfair advantage that throws in the bill. its, Pell grants, and the elimination of law-abiding, tax-paying citizens out of In addition to the half billion dollars other incentives, the Federal Prison work. FPI will be able to compete with of taxpayer funds for a program that System has little to offer to a prisoner the private sector because it will still now costs taxpayers nothing, there are for self-development. One shining ex- be able to pay subminimum wages and other big losers in the bill. About 75 ception is FPI. Non-FPI inmate jobs will not be required to provide health percent of the roughly $600 million that pay about 12 cents an hour to about 30 insurance or retirement benefits for its FPI takes in goes back into the pur- cents an hour, while FPI jobs pay up to workers. chase of raw materials, equipment, and $1.25 an hour and are not paid for with It is time to create a more balanced services from the private sector busi- any taxpayer money. To hold down an playing field for business and industry nesses in order to purchase supplies for FPI job, an inmate must have com- when it comes to government procure- FPI products. There are thousands of pleted high school or be making steady ment and, at the same time, give our these businesses and they hire thou- progress toward obtaining a GED, and Federal agencies the ability to use tax- sands of workers. Over 60 percent of maintain a record of good behavior.

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.023 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10471 This is true not only for those already tion of the public from crime. Real tractor was then sent to FPI for re- in an FPI job, but also for those on the work opportunities in prison have been view. FPI took the contract by simply waiting list, as well as those who are shown not only to provide for safer, matching the price of the winning bid trying to establish eligibility to be more manageable prisons, but also for to the penny. The FAA and GSA were placed on the waiting list. substantially less recidivism upon re- left with little recourse and, for all Some have suggested that vocational lease among those inmates who partici- practical matters, had to accept FPI’s education is a good substitute for FPI pate in FPI. decision, despite the fact that they work experience. While the vocational It costs the taxpayers nothing. If we thought the private sector bid would experience is important and ought to are going to eliminate the program, we better fit the FAA’s needs and would be be available to all inmates who can should put viable options in its place a better value than FPI-supplied fur- benefit, not all inmates can benefit, and wait for the results of the pending niture. Furthermore, FPI planned to and the timing is important for those GAO study to determine what those op- subcontract much of the work to fur- who can. The average sentence for pris- tions are. This program was created in niture companies whose products did oners in the Federal system is 8 years. the midst of the Great Depression when not match the design and quality of The average length of a vocational edu- jobs were at their lowest point. We the winning bid. cation program is about 2 years or less should not toss it aside just because it This contravention of the fair and and is generally thought to be better has a few problems. We should fix the open competitive bidding process was delivered towards the end of the sen- problems. eventually resolved through vigorous tence, right before release. In any case, Now, we can do better than this bill, congressional intervention, and the the question becomes what to do with Mr. Chairman, and we certainly should. private sector contractor was awarded the other 6 years of the sentence prior Mr. Chairman, I reserve the balance the FAA contract. But this situation to or after completion of vocational of my time. serves as an example of how FPI’s un- education. And the next question, of Mr. SENSENBRENNER. Mr. Chair- just procedures completely undermine course, is who is going to pay for the man, I yield 3 minutes to the gen- fair and competitive bidding and elimi- vocational education. The FPI program tleman from Michigan (Mr. EHLERS.) nate a purchasing agency’s preroga- pays for itself. Mr. EHLERS. Mr. Chairman, I rise in tive. I am the first to concede that there strong support of H.R. 1829, legislation The reforms in H.R. 1829 are abso- are problems with FPI which should be that has been a very long time in com- lutely vital for ending this type of fixed. When a small business making a ing. I want to thank the gentleman abuse and restoring integrity to the single product already has a govern- from Wisconsin (Mr. SENSENBRENNER), bidding system. I understand and fully support the ment contract and depends on the con- the chairman, and the gentleman from need to provide prisoners with mean- tinuation of that contract for its via- Michigan (Mr. CONYERS), the ranking ingful work that can help the rehabili- bility, the FPI should not be able to member of the Committee on the Judi- tation process. But it should not be take that business away through the ciary, for moving this bill forward; and done in a procedurally flawed manner, use of mandatory source. I particularly want to thank the gen- tleman from Michigan (Mr. HOEKSTRA), and FPI should not unfairly compete b 1145 my colleague and friend, for his stead- with private sector bidders. But this bill should be fixing the fast work on this issue. It is important to note that FPI is only one problem, not gutting it by taking away This bill will provide much-needed of several programs within the Bureau of Pris- all of FPI’s primary business sources relief for manufacturers in my district ons that provides meaningful work and skill- all at once. While the bill suggests that and across the country that have faced developing opportunities to prisoners. The dif- lack of competition is the problem, it the anticompetitive and unfair prac- ference is that FPI does so at the expense of takes away FPI’s ability to provide tices of Federal Prison Industries for the jobs of hard-working, law-abiding citizens. services, even though services have to too long. By eliminating FPI’s current Finally, I am pleased to note that this bill con- be provided on a competitive basis. status as a mandatory source to var- tains several provisions to help inmates transi- tion back into society, including enhanced ac- There is no mandatory source provi- ious Federal agencies and requiring cess to vocational training and employment sion for services; there is just for prod- FPI to compete for its contracts, H.R. ucts. The bill prohibits FPI from pro- assistance programs. 1829 will ensure that all private sector The FPI program is unfair, wasteful and viding services to businesses even when businesses can bid on Federal contract desperately needs reforming. I urge my col- there is no business or labor in the opportunities that are funded with leagues to vote in favor of this critical legisla- United States interested in providing their tax dollars, not just those compa- tion. the service. nies who first enter into contractual Mr. SCOTT of Virginia. Mr. Chair- We are already seeing the effects of relationships with FPI. man, I yield 3 minutes to the gentle- the Department of Defense restrictions For those who argue that this legis- woman from Texas (Ms. JACKSON-LEE), on FPI procurement that we passed lation is inappropriate or that Con- a member of the Committee on the Ju- last Congress. Information from the gress should delay action and rely on diciary. program indicates that it has already administrative reforms, let me describe Ms. JACKSON-LEE of Texas. Mr. had to close 13 factories and eliminate one recent incident involving FPI and Chairman, as we look at this bill, it over 1,700 inmate jobs. They expect to a business in my district that illus- certainly appears to respond to an eliminate 500 additional jobs before the trates why we must pass this legisla- issue that I have great concern with end of the year. tion. and that is, of course, the idea of the Now, we should fix the problems, but The fundamental flaws in this man- promotion and elevation of small busi- we should do so in a way that assures datory source rule were clearly evident nesses. I think my record is fairly clear the viability of a vital crime-reducing during a procurement for office fur- in this House, Mr. Chairman, that I program. The GAO has been asked to nishings associated with the renova- support that. But I am concerned as study the impact of inmate employ- tion of the new headquarters of the well about the substance and purpose ment, prison security, private and pub- Federal Aviation Administration. of the Federal Prison Bureau Indus- lic employment, and public safety. The Through the GSA, the FAA conducted tries. information will be available in April. a fair and open competitive bidding Just a couple of months ago I took With these issues at stake, we should process to identify the supplier whose the opportunity, Mr. Chairman, to visit not demolish a program with a record entire proposal represented the best one of our Federal detention centers, of contributing significantly to prison value for the FAA. The GSA then se- prison centers, maximum, minimum, security, inmate and private job gen- lected the winning private sector con- and medium security, walked through eration and public safety without first tractor based on the FAA’s specific the hallways and looked at their facili- assessing the study information. needs relating to both types of prod- ties. There was not a prisoner there Congress has the oversight responsi- ucts and installation schedules. that did not talk to me about the value bility for the safe and efficient oper- As required by FPI procedures, the of prison industries, the ability to do ation of our prisons and for the protec- complete proposal for the winning con- something with your hands, your mind.

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.024 H06PT1 H10472 CONGRESSIONAL RECORD — HOUSE November 6, 2003 I looked at the less-than-sufficient elimination of the ‘‘mandatory source pref- that job opportunities, particularly jobs needed computer stations, if you will, and, of erence’’ and inmate ‘‘good time’’ for the nature by low-income families, are lost because FPI course, somebody will say this is not a of offense and good behavior, and those receives Federal contracts. Although current vacation home, and I realize that. But amendments have been incorporated into law prohibits FPI from dominating the Federal we realize that prisoners are family Sections 15 and 16 of the current bill text re- market, and there are currently congressional members. They are Americans. And spectively. Prison reform is an important mat- mandates placed on FPI to ‘‘avoid capturing they will be let out. ter that deserves serious attention by the more than a reasonable share of the market’’ There is a distinction, of course, be- House before it considers passing this impor- among Federal agencies, departments, and in- tween those who perpetrated heinous tant legislation. stitutions for any specific product, determining and horrific crimes. We know that Over 2 million offenders are incarcerated in the appropriate share of the Federal market there are some serving lifetime sen- the Nation’s prisons and jails. At midyear remains contentious. Nevertheless, we must tences. But it is documented, Mr. 2002, 665,475 inmates were held in the Na- endeavor to take into account the concerns by Chairman, that the prison industry is a tion’s local jails, up from 631,240 at midyear working Americans across the Nation so that valuable component to rehabilitation 2001. Projections indicate that the inmate pop- we can pass a bill that simultaneously protects but also a valuable component to pro- ulation will unfortunately continue to rise over jobs and keeps inmates productive. viding services in the community. the years to come. The bill before us today provides for a five- We also know that the Federal Pris- The Bureau of Prisons of the U.S. Depart- year phase-out of mandatory source pref- on Bureau contract out responsibilities ment of Justice administers the Federal prison erence by granting to FPI’s Federal agency to local businesses. So it is a partner- system. Clearly, the Bureau is expanding the customers authority to first solicit on a non- ship. And what I am concerned about is capacity of the Federal system in anticipation competitive basis. However, at the end of the that this particular legislation will of accommodating an inmate population ex- phase-out period there is no existing substitute find a way to undermine that relation- ceeding 178,000 by the year 2006. Clearly, for the services and program. Looking to the ship and that infrastructure and fur- the overcrowding of prisons is a serious mat- States, there simply is not enough program ther deny those who seek to rehabili- ter. participation to accommodate the 25 percent tate the opportunity to rehabilitate. To illustrate the impact that this bill will po- that is currently accommodated under FPI. Let me say this, that I appreciate, tentially have on Texas, the Federal prison OPPOSING VIEWS TO FPI AND RESPONSES however, the consensus effort that has population for the years 2000, 2001, and 2002 Some who support H.R. 1829 would argue been made by the gentleman from Wis- reached 39,679, 36,138, and 36,635 persons that eliminating the FPI mandatory source preference will help small business. However, consin (Mr. SENSENBRENNER), chairman respectively; the State prison population for of the committee, and the ranking the same years reached 20,200, 20,898, and H.r. 1829 will have an adverse impact on the member, the gentleman from Michigan 23,561 persons. These numbers have grown many small businesses that provide raw mate- rials, equipment, and other services to FPI (Mr. CONYERS), and the chairman of the since 2002, so the impact is indeed significant factories. Must of the adverse impact of H.R. subcommittee and the ranking member and the State of Texas is an important stake- 1829 will fall on private sector small busi- of the subcommittee. There has been holder. In 1934, Congress established Federal Pris- nesses. FPI would not exist, and certainly good work on this bill. could not offer quality products and services, I am grateful to note that there is a on Industries (FPI). FPI is a government cor- without the direct support of private sector provision that asks for a study regard- poration that employs offenders incarcerated in Federal prisons. FPI provides job-training companies that provide raw materials, equip- ing this issue of good time for non- opportunities to Federal inmates in the form of ment, and services that FPI needs to produce violent prisoners. Individuals whose goods production and services for Federal its products. Each of these private sector com- hands I shook when I went in, parents agencies. Currently, the State of Texas alone panies responded to solicitations issued by who asked me about their young people employs 7,700 inmates in prison industries. FPI and were awarded the contracts through who were in simply for drug possession Nationally, 25 percent of those held in Federal competitive procedures. long years because they were simply prisons are employed by FPI. Items produced During FY 2002, FPI spent 74 percent of its standing on a street corner, not using, by inmates include furniture, metal products, $680 million in sales revenues (that is, $503 but possessing. And so there are some textile items, optical and plastic hardware, and million) on purchases of raw materials, equip- elements that I think we can work on. electronic cable assemblies. Inmates are also ment, and services from private sector compa- But let me remind my colleagues able to use automated systems to prepare nies. Some 62 percent of these purchases that it is clearly a challenge to balance data and information aids. (that is, $311 million) were from small busi- the necessity of over half a million in- By statute, FPI products and services must nesses, including businesses owned by mates. Rehabilitation, education, are be purchased by Federal agencies (a require- women, minorities, and those who are dis- key components of them being able to ment referred to as a ‘‘mandatory source’’ or advantaged. FPI has consistently received the integrate into society. You have never ‘‘sole source’’) and not available for sale in U.S. Attorney General’s Small Business Award seen anything worse than to go into interstate commerce or to non-Federal entities. for its concerted efforts to contract with the those systems, as I did, and walk the Federal agencies can obtain products from the small business community, far exceeding the hallways and walk the courtyards and private sector through a waiver issued by FPI 23 percent government-wide requirement for see large segments of men, mostly if the corporation is unable to make the need- contracts with small business. From 1997– standing idly by doing nothing, and ed product or provide the required service. 2001, FPI has awarded $851 million in con- having them beg you, can we find FPI is a self-supporting government oper- tracts to small business, which is a yearly av- something to do. They took away the ation. Revenue generated by the corporation erage of 57 percent. exercising equipment in some in- is used to purchase equipment and raw mate- Those who support this bill from the office stances, televisions are coveted. So rials, pay wages to inmates and staff, and ex- furniture and apparel industries argue that FPI give them something to do. pand facilities. Last year, FPI generated over controls too much of the Federal procurement And Federal Prison Industries is a $566 million in revenue, $418 million of which market and is taking away significant levels of very successful entity. It provides job went to purchasing goods and services from Federal government business from those two training opportunities, and it is valu- the private sector, 74 percent of which went to industries. However, FPI is neither a procure- able. small and minority owned businesses in local ment giant nor is it taking away significant lev- Mr. Chairman, let me just say this: I communities across this country. els of Federal business from the office fur- wish we could compromise more. I hope The Bureau of Prisons clearly appreciates niture and apparel industries. FPI’s total sales we can work through this legislation to the advantage the program can have on in- revenues ($680 million in FY 2002) represent balance the needs of all who are in need mates and society at large. First, there is only a very small percentage of the total Fed- of training and opportunities. some security benefit to FPI system because eral procurement dollars. FPI revenues rep- Mr. Speaker, I rise in opposition to this bill, inmates are productively occupied. Second, resent one quarter of 1 percent of total Fed- H.R. 1829, the ‘‘Federal Prison Industries FPI programs are said to provide inmates with eral agency procurement dollars and only 4.5 Competition in Contracting Act of 2003.’’ In a training and experience that develop job skills percent of the overall Federal market in the markup of the full Committee on the Judiciary and a strong work ethic. This is certainly im- 250 products it produces within the Federal in July of this year, my colleagues on that portant. supply—a very small fraction. The office fur- Committee voted to accept two of my amend- On the other hand, there are some groups niture and apparel industries are the two in- ments that speak to the issues of the bill’s that represent working Americans that suggest dustries in which FPI produces the highest

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\K06NO7.027 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10473 volume of work. In the Dissenting Views sec- Winston Churchill said one of the Mr. Chairman, I will submit these tion contained in H. Rept. 108–286, the House best tests of whether we are truly a letters for inclusion in the RECORD. Judiciary Committee report concerning this bill civilized people is the temper, the If this bill is not amended, I believe, (H. Rept. 108–286), we see that ‘‘when asked, mood of the public in regard to the and I may be wrong, that this bill, as representatives of these industries conceded treatment of crime and criminals. surely as the night follows the day, that FPI sales represent an ‘insignificant’ and As somebody who is proud to be a will make it very difficult to operate ‘negligible’ portion of their industries, respec- conservative, and a compassionate con- prisons and will result in men not hav- tively.’’ servative, and somebody who has ing the rehabilitation and the dignity, Supporters of H.R. 1829 from private sector worked in prisons—before I got elected which I predict will lead to more crime labor unions argue that the elimination of the I was involved in a program at Lorton in these United States. FPI mandatory source preference authority will Prison called Man to Man where we This bill raises the issue of job loss, help labor union workers get back jobs that would go down and counsel people— but the enemy is China, and yet this have been lost over the past decade. How- knowing what this bill could do, I bill does not deal with China. The ever, H.R. 1829 will adversely affect both Fed- think this bill should be defeated. enemy here is China. The jobs are leav- eral and private sector labor union workers, You cannot put a man in prison for ing and going to China. The furniture and it will not get back the jobs that have years and expect him to be rehabili- business took a gun and fired it at the been lost. H.R. 1829’s elimination of the FPI tated without work. The Bible says, FPI when China is really to blame. mandatory source preference will adversely af- ‘‘Remember the prisoner as though in The letters previously referred to fol- fect the 33,000 Federal corrections officers prison with them.’’ low: and other Federal employees who work at the This bill would make it difficult to GRAND LODGE, 101 prison facilities in the Federal Bureau of operate a prison. Inmates without FRATERNAL ORDER OF POLICE, Washington, DC, November 4, 2003. Prisons system. These 33,000 Federal em- work who are idle are prisoners that Hon. J. DENNIS HASTERT, ployees, who are represented by the American are going to later come back and com- Speaker of the House, House of Representatives, Federation of Government Employees, AFL– mit a crime. This bill also has major Washington, DC. CIO, know that eliminating the FPI mandatory budget impacts. To those on my side of DEAR MR. SPEAKER: In light of this week’s source preference authority will undermine the the aisle who talk about balancing the scheduled vote on H.R. 1829, the ‘‘Federal FPI prison inmate work programs—and there- budget, the cost of this bill over 5 years Prison Industries Competition in Con- by create substantial problems for the safe will be $500 million. tracting Act,’’ I am writing on behalf of the membership of the Fraternal Order of Police and secure operation of Federal prisons. This Rehabilitation. Inmates who partici- pate in prison work are less likely to to advise you of our position regarding ef- bill’s elimination of the FPI mandatory source forts to reform this vital Federal program. preference also will adversely affect the ap- repeat and less prone to violence. While the F.O.P. has in the past supported proximately 5,000 U.S. workers—many of Also, at election time everyone legislation providing for appropriate reform whom are represented by labor unions—who wants to be with the Fraternal Order of of the statutes and authorities governing are employed by those private sector compa- Police. It is sort of amusing. My dad Federal Prison Industries (FPI), we cannot nies that provide FPI with raw materials, was a policeman in the city of Phila- support H.R. 1829 in its current form. The F.O.P. believes that FPI is the most equipment, and other services. It is indis- delphia, very active in the Fraternal Order of Police. Politicians always like important correctional rehabilitation pro- putable that certain U.S. industries have lost a gram of the Bureau of Prisons (BOP). Not great many jobs over the past decade. But to get the FOP’s endorsement. The only does it provide Federal inmates with these industries have lost jobs not because of FOP says, ‘‘The FPI is the most impor- marketable job skills, it also assists with the FPI. For example, 600,000 textile jobs have tant correctional rehabilitation pro- efficient operation of correctional facilities. been lost over the past 10 years. There are gram of the Bureau of Prisons. Not But most importantly, FPI promotes a safer only about 7,000 prison inmates working in only does it provide Federal inmates environment for the thousands of correc- tional officers who work in BOP facilities. FPI textile factories. Clearly, the blame for the with marketable skills,’’ then it goes on to say it opposes this bill. Thus, for our organization, any reform pro- loss of 600,000 jobs cannot be placed on a posal must first be viewed from the perspec- few thousand Federal prison inmates. The Lastly, Chuck Colson who runs Pris- tive of its potential impact on both the safe- same is true in the office furniture business. on Fellowship, who I admire, who ty of Federal correctional officers, and the The real blame should be placed on the ad- frankly has forgotten more about pris- safety of the public from recidivist offenders. verse impacts of globalization and unfair trade, ons than anybody in this institution on In addition, any reform proposal approved either side knows, sent a letter about by Congress should provide for the complete not on FPI. reform of the FPI program—addressing the While there are other initiatives which may this bill where he said the following: ‘‘We regret that we must oppose your current law’s ‘‘mandatory source’’ provisions accomplish the goal of eliminating the manda- and increasing opportunities for inmates to tory source preference more quickly, I believe prison work legislation. We applaud gain meaningful employment through the we can work together to reach a compromise you for working to reform Federal prison industries—while guarding against that is both timely and also enhances opportu- Prison Industries, and your bill makes changes which would negatively impact the nities for U.S. workers. We may not all agree many good and important reforms. In program’s value. For example, in the 107th on the specific phase-in period but let us try fact, we did not oppose bringing your Congress legislation was enacted which placed certain restrictions on the Defense to find a workable solution on this critical bill to the floor because we think this important issue needs to be debated. Department’s procurement from Federal issue. Prison Industries. According to the views of Mr. SENSENBRENNER. Mr. Chair- However,’’ and they underline, ‘‘your some members of the House Judiciary Com- man, I yield 4 minutes to the gen- bill does not set up an alternative sys- mittee contained in the report on H.R. 1829, tleman from Virginia (Mr. WOLF.) tem.’’ ‘‘information obtained from the program in- (Mr. WOLF asked and was given per- That is the key. There is no alter- dicates that it has had to close 13 factories mission to revise and extend his re- native system ‘‘for replacing the jobs and eliminate over 1,700 inmate jobs and ex- marks.) that will be lost when your reforms are pects to eliminate 500 additional inmate jobs Mr. WOLF. Mr. Chairman, I rise in implemented. That would be tragic, before the end of this year,’’ as a result of opposition to the bill. Before I make and it is for this reason that we must this particular reform effort. Clearly, this raises important concerns about the safety some comments, let me say I have oppose your bill.’’ of correctional officers and staff in the facili- great respect for the gentleman from He goes on to say, ‘‘Prison work pro- ties which have experienced these losses. Michigan (Mr. HOEKSTRA). He is a good grams are an essential part of changing Finally, in order to ensure the continued person. So we just have differences. I prisoners’ lives.’’ We cannot put a man success of Federal Prison Industries fol- think this is not the way to go. or woman in prison for all of these lowing any major changes to the current Secondly, I think the administration years and then expect them to come program, any reform measure should also and the Justice Department, their fail- out with a changed life. They end by contain a provision that provides for the on- ure to take a position on this bill is saying, ‘‘We advocate work programs going review of the health of the program. Such a provision should authorize the re- morally reprehensible. When they have because they are beneficial to society.’’ vival of current law if, after a given number a fiduciary relationship in running How we treat them in prison will deter- of years following enactment, less than these prisons and not to say anything, mine what type of neighbors they will twenty-five percent of eligible inmates are what can I say. be. employed by Federal Prison Industries.

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.005 H06PT1 H10474 CONGRESSIONAL RECORD — HOUSE November 6, 2003 On behalf of the more than 310,000 members before us that pits the small business Mr. COBLE. Mr. Chairman, I thank of the Fraternal Order of Police, thank you community or the business community the gentleman for yielding me time. in advance for your attention to our con- against work opportunities in our pris- While I support our efforts to train cerns on this important issue. Please do not inmates to become productive citizens hesitate to contact me, or Executive Direc- ons. It just should not have reached the tor Jim Pasco, through our Washington of- floor this way. of society, I believe such effort should fice if we can provide you with any addi- It is absolutely obvious that pris- take great care not to threaten the job tional information. oners need to have opportunities for of hardworking taxpayers. This issue is Sincerely, work and rehabilitation while they are especially important to the Sixth Con- CHUCK CANTERBURY, in prison. And every Member of the gressional District of North Carolina, National President. Congress of the United States has stat- home to more than 40,000 textile and ed or demonstrated one way or the furniture workers, since two major PRISON FELLOWSHIP MINISTRIES, Reston, VA, November 3, 2003. other that we support business, we sup- classes of items produced by FPI are Congressman PETER HOEKSTRA port small business, and we have the textile and furniture. DEAR CONGRESSMAN HOEKSTRA: We regret office of SBA and a lot of other oppor- FPI’s mandatory source status gives that we must oppose your prison work legis- tunities to show our support for small it an unfair advantage, it seems to me, lation. We applaud you for working to re- business. So we should not have this over private manufacturers contending form Federal Prison Industries, and your bill kind of tension. It really should be for Federal contracts. Therefore, many makes many good and important reforms. In worked out. of my constituents are deprived of em- fact, we did not oppose bringing your bill to I do not know where this bill is the floor because we think this important ployment opportunities in order to give issue needs to be debated. However, your bill going, and whether or not it is going to work to Federal inmates. does not set up an alternative system for re- receive the support of the Members of The furniture and textile industries placing the jobs that will be lost when your this House; but I know one thing, if we in North Carolina are already com- reforms are implemented. That would be are to release prisoners into our com- peting with an increasing number of tragic, and it is for this reason that we must munity we should be releasing them imports arriving in the United States oppose your bill. with some kind of work experience. from countries such as China as has Prison work programs are an essential part of changing prisoners’ lives so that they And I am sick and tired of prisoners been previously mentioned. From Jan- leave prison better than they enter. Mean- being released with no money, no uary 2001 to May of 2003, 100,000 fur- ingful jobs teach inmates productive skills home, no rental opportunities, no niture and related products jobs in the that will help them make the transition to health care, no anything. When they U.S. were lost. In addition, the North leading productive lives in the free world, hit the street, if they do not have Carolina textile industry has suffered and the wages they receive allow them to money for food, if they do not have over 10,000 job losses in the past year. pay restitution to the victims they have money to pay rent, if they do not have For these reasons, I am concerned harmed, support their families, pay some of about FPI’s proposal to begin selling the costs of their incarceration and save a a reasonable opportunity to have some small amount toward their ‘‘gate money’’. time to find a job, you are going to inmate furniture services in the com- We advocate work programs because they continue to experience this recidivism mercial market. are a benefit to society. Over 95 percent of that we are experiencing. And so my It is my belief that the FPI is in need the inmates who are currently incarcerated remarks today are a prelude to what I of reform before it is allowed to ex- will be released back to our communities. Do am going to do in an amendment. pand. I am a strong proponent of H.R. we want them unskilled and angry after My amendment is going to say that 1829 because it does just that, elimi- years of forced idleness? Or do we want them prisoners should be released with more nates the FPI’s mandatory source ad- capable of contributing to society with skills they have learned during their confinement. money; that they should work with vantage. It also limits FPI’s ability to How we treat them in prison will determine whatever the wages are under this sys- enter the commercial market, which I what type neighbors they will be. tem that we have; but for the last 2 believe may have an adverse effect on Idleness is destructive, and any reform of years of their work, they should re- private companies not able to compete the current system must also expand the ceive at least $2.50 an hour to be re- with low wages and cost benefits en- work opportunities for inmates. We suggest tained in a fund so that when they are joyed by FPI. Further, the bill incor- that you amend your bill to adopt the thoughtful reforms proposed by the Progres- released they can go and rent a place porates vocational and educational sive Policy Institute. If adopted those re- and have food and not be in the posi- programs to teach inmates job hunting forms would result in many more inmates tion of being tempted to commit and professional skills and coordinates working at productive jobs without unfairly crimes in our communities, in our funding to help inmates transition competing with private industry. Without neighborhoods, because we let them back into society. So this bill does not such amendments we must oppose your bill. out of prison without anything. turn a deaf ear to inmate training. We appreciate the cooperation we have re- So if I had my druthers, I would re- In my opinion, these are real and ceived from you personally as well as from your staff as we have sought middle ground move this bill from the floor. It has no necessary reforms that will preserve on this very important issue. business here creating this tension be- FPI’s goal of providing inmates with Sincerely, tween business and prison opportuni- essential skills while allowing for bet- CHARLES W. COLSON, ties for work, but I do not have my ter marketplace for competition. Chairman of the druthers on this, and so the bill is Hardworking taxpayers in the Sixth Board, Prison Fel- going to come up for a vote. And I will District of North Carolina and other lowship. have an amendment that will deal with districts who are employed in the fur- PAT NOLAN, the last 2 years of a prisoners’ time so niture and textile industries can com- President, Justice Fel- lowship. that they could have a little bit more pete with anyone in the world. They money to hit the street with the oppor- should not have to compete with their b 1200 tunity for rent, to pay the rent and to own government which is using their Mr. SENSENBRENNER. Mr. Chair- buy food. tax dollars to train inmates how to be- man, I yield myself 30 seconds. Again, I know that it is important come textile and furniture workers. Mr. Chairman, yes, the enemy is for prisoners to have the ability to Mr. SCOTT of Virginia. Mr. Chair- China but we have no moral high work, and I would not want to elimi- man, I yield 3 minutes to the gentle- ground to complain about China flood- nate that. I would want to make sure woman from New York (Mrs. ing the American market with goods that whatever we do there are some op- MALONEY). made from slave labor in China if we do portunities for prisoners to be able to Mrs. MALONEY. Mr. Chairman, I not reform Prison Industries because do this work. thank the gentleman for yielding me they are doing the same thing here. Mr. SENSENBRENNER. Mr. Chair- time. Mr. SCOTT of Virginia. Mr. Chair- man, I yield 3 minutes to the gen- Mr. Chairman, I rise to voice my sup- man, I yield 3 minutes to the gentle- tleman from North Carolina (Mr. port for the Federal Prison Industries woman from California (Ms. WATERS). COBLE), chairman of the Subcommittee Competition in Contracting Act of Ms. WATERS. Mr. Chairman, it is on Crime, Terrorism and Homeland Se- which I am a lead sponsor with my col- quite unfortunate that we have a bill curity. leagues, the gentleman from Michigan

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.009 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10475 (Mr. HOEKSTRA), the gentleman from course, I do for the chairman of this day in and day out. We know that it Massachusetts (Mr. FRANK), the gen- bill, but I must oppose this legislation. works. tleman from Georgia (Mr. COLLINS), the I oppose it on prison safety grounds, I I think it is extraordinarily sad that gentleman from Wisconsin (Mr. SEN- oppose it on fiscal grounds, and I op- we take up legislation today that SENBRENNER) and the gentleman from pose it because I believe it will in- would destroy that. That would undo Michigan (Mr. CONYERS). crease recidivism and crime. the one thing that we know works. We are living in difficult times, in a FPI in my view is a critical tool in Mr. SCOTT of Virginia. Mr. Chair- tough job market. The Federal Govern- our justice system. It helps us manage man, I yield 11⁄2 minutes to the gentle- ment should not be taking actions that prison safety at a time when everyone woman from Florida (Ms. GINNY put American working men and women here knows that prison populations are BROWN-WAITE). out of work. But that is exactly what exploding. It helps us increase the Ms. GINNY BROWN-WAITE of Flor- the Federal Prison Industries does. chances for prisoners to become law- ida. Mr. Chairman, I thank the gen- Federal Prison Industries has estab- abiding successful citizens upon their tleman for yielding me time. lished eight business groups including release, and it does all of this without My Fifth Congressional District in the garment industry that use Federal costing the taxpayers one dime. Florida is home to one of the prisoners to manufacture goods at cut Now, FPI, Federal Prison Industries, southeast’s largest prison complexes, rate prices. With its predatory prac- has not been a perfect program. That is and that is the prison complex in Cole- tices, FPI has contributed to the clo- why it is being reformed and improved, man, Florida. It is a very small rural sure of private companies and the loss and I agree that more work should be county. of tens of thousands of jobs throughout done. But this bill, the bill before us At Coleman, working for Federal the Nation. today would essentially destroy FPI Prison Industry is a heavily sought One of my constituents, Glamour and all of the benefits that it provides. after benefit that the inmates want. If Glove Company confronted FPI di- As a result of recent changes, FPI an inmate misbehaves, he cannot work rectly in 1997. FPI sought to simply has already had to lay off over 1,700 in- for FPI and they have lost that privi- take Glamour Glove’s competitively mates. H.R. 1829 will greatly exacer- lege. won Defense Department contracts to bate those numbers and create a vola- Inmates who work are proven to be make gloves for the military. If FPI tile, dangerous situation in our prison less violent and more able to be re- had succeeded, Glamour Glove would system. integrated into society. have been out of business. And its Now, as I said earlier, I oppose this We have to remember that these Fed- workers, members of UNITE would bill also on fiscal grounds. According eral inmates have broken the laws gov- have been out of work. to the Congressional Budget Office, erning our land. In turn, we house I led a fight to save those jobs in my this bill will cost taxpayers nearly $590 them, we feed them, we provide them district and had strong support of my million over the next 5 years. On the with some of the best medical care colleagues in this Congress. In the fore- other hand, FPI costs taxpayers not a which our taxpayers very often resent. front was my friend, the gentleman dime. Seventy-three percent of the When I say we, I mean the American from Michigan (Mr. HOEKSTRA). We earnings from FPI goes to purchases taxpayer. won that battle, but I recognize that from the private sector for raw mate- b 1215 FPI had to be fundamentally changed. rials, parts, and services. These con- It is examples like Glamour Glove that We also offer, but not mandate, the tracts are with businesses all across have brought us to where we are today. opportunity for these inmates to gain This bill will require FPI to compete the country, and nearly two-thirds of some work skills. for contracts while continuing to offer those are with small, female, minority, The Federal Government owes it to rehabilitative work opportunities to and disadvantaged businesses. These the taxpayers to utilize Federal Prison Federal prisoners. Federal prisoners private contracts keep an estimated Industries for efficient and inexpensive will be allowed to compete, but it will 5,000 private sector workers employed. government production. I regularly not allow FPI to come in, arbitrarily, Twenty percent of FPI’s earnings are hear from the Coleman employees and and close plants down across this coun- paid to staff. members of their families. They all feel try. This legislation will ensure that According to the Congressional Budg- that knowing that an employee is contracts are awarded to the company et Office, H.R. 1829, on the other hand, working for FPI is a greater safety fac- that will provide the best products, de- would cost an additional $177 million tor. livered on time, and at the best prices. over 5 years. That is nearly $35.4 mil- My mama always used to say that an Virtually all segments of business lion a year just for the extra security idle mind is the devil’s workshop, espe- community led by the United States that will be necessary to supervise cially in prison; and keeping the pris- Chamber of Commerce, organized labor prisoners who are no longer working oners busy to me is a safety issue for led by the AFL/CIO, and Federal man- due to the elimination of FPI. the prison guards. agers represented by the Federal Man- Mr. Chairman, this bill will harm Given the current fiscal crunch that agers Association enthusiastically sup- prison safety. It will cost us over $100 we are having and the estimates that port this bill. Passage of this legisla- million a year. It will cost us 5,000 pri- we need to fund the ongoing war tion will not mean that inmates will vate sector jobs. We should be sup- against terrorism, we should not pass a sit idle in prison. porting programs that will prevent re- measure that will cost the taxpayers This bill provides alternative reha- cidivism. We should be supporting pro- $589 million. bilitative opportunities including work grams that will help secure prison and Mr. SENSENBRENNER. Mr. Chair- in support of nonprofit public service public safety. We should be supporting man, I yield 2 minutes to the gen- organizations to better prepare in- programs that work with small local tleman from New York (Mr. QUINN). mates for a successful return to soci- businesses all across the country. FPI Mr. QUINN. Mr. Chairman, I rise ety. This bill authorizes $75 million does that; H.R. 1829 does not. That is today in support of H.R. 1829, the Fed- dollars a year for vocational, education why the bill is opposed by Prison Fel- eral Prison Industries Competition in and work programs for Federal in- lowship, by the American Federation of Contracting Act of 2003. mates. I urge my colleagues to put an Government Employees, and as we As a Member from the northeastern end to this unfair government-spon- heard just a few moments ago, by the part of our country and a district with sored monopoly. Fraternal Order of Police. a large labor union constituency, I can Mr. SENSENBRENNER. Mr. Chair- Mr. Chairman, these are days in tell my colleagues that it is not too man, I yield 4 minutes to the gen- which we have to be looking for ways often that the business community and tleman from Wisconsin (Mr. GREEN). to break the cycle of crime and vio- the union community come together Mr. GREEN of Wisconsin. Mr. Chair- lence. We know what works. The work and work on an issue. Mr. Chairman, man, I thank the gentleman for yield- ethic works. Teaching the work ethic, the business and labor communities ing me time. reinforcing the work ethic, that is how have been working on this issue now Mr. Chairman, I have enormous re- we maximize the chances of success for for over 8 years to try to reform the spect for the author of this bill and, of prisoners upon release. We have seen it program.

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.030 H06PT1 H10476 CONGRESSIONAL RECORD — HOUSE November 6, 2003 H.R. 1829 balances the need to reha- ufacturers represent more than 31,000 of prison work that is performed be- bilitate inmates while at the same jobs. cause all we do is we eliminate the time protecting our workers and our We need to eliminate FPI’s manda- mandatory sourcing. We force them to jobs. Opponents of the bill will tell us tory source status and require FPI to compete. that the intent of business and labor is compete for Federal contracts just like Then, finally, we have put in a sig- to put FPI out of business. This is not every other business. nificant amount of money for voca- the case at all, and this legislation I support H.R. 1829 because it meets tional training. We recognize that does not attempt to do that. both goals, fair competition and reha- when these folks leave prison that they I would ask my colleagues on both bilitation. I urge my colleagues to sup- need skills to make them competitive sides of the aisle to join me in opposing port the bill as well. and to make them employable in the any amendments that allow FPI to ex- Mr. SENSENBRENNER. Mr. Chair- workplace. The one thing we know that pand its competitive advantage over man, I yield 3 minutes to the gen- does not work is to have Federal Pris- businesses and unions by giving them tleman from Michigan (Mr. HOEKSTRA), on Industries growing by 20 to 30 per- unfettered access to the commercial the author of this bill. cent per year and industries that are marketplace. Mr. HOEKSTRA. Mr. Chairman, I declining by 20 to 30 percent per year. Let me just close by saying, Mr. thank the chairman of the Committee That just does not work. How can we Chairman, this is a broad-based and bi- on the Judiciary for yielding me the say we are preparing people for work in partisan bill. This type of agreement time. factories and in industries when those shows that it is the right approach and I really want to thank my colleagues industries are declining? That is ex- that we should act today, not delay who have worked with me I think over actly what is happening. The two larg- any longer. If the business community the last 8 years, the chairman 7 years; est elements of prison work, textiles and the union community can work to- my colleague, the gentleman from and office furniture, both industries in gether so closely on this issue brought Massachusetts (Mr. FRANK), on the decline in America during the last before us today, we should be able to do other side of the aisle; the gentle- number of years. the same thing as Members of the woman from New York (Mrs. Support H.R. 1829. It is a balanced House. MALONEY); the gentleman from Georgia and a reasonable approach to this prob- I say support 1829, support it now. (Mr. COLLINS). It was 7 years ago that lem. Delay no longer. We should act today. common interest brought us together, Mr. SCOTT of Virginia. Mr. Chair- Mr. SCOTT of Virginia. Mr. Chair- and since that time we have been able man, I yield 11⁄2 minutes to the gen- man, I yield 2 minutes to the gentle- to expand this coalition to bring about tleman from Illinois (Mr. EMANUEL). woman from Georgia (Ms. MAJETTE). real reform, bringing about real reform Mr. Chairman, before the gentleman (Ms. MAJETTE asked and was given that the business community endorses, speaks, could the Chair advise us how permission to revise and extend her re- that the labor unions endorse and I much time we have left? marks.) think really moves us into the right The CHAIRMAN pro tempore (Mr. Ms. MAJETTE. Mr. Chairman, I step. SIMPSON). The gentleman from Virginia thank the gentleman for yielding me I want to just address some of the (Mr. SCOTT) has 8 minutes remaining. the time. concerns that my colleague, the gen- The gentleman from Wisconsin (Mr. Today, I rise in support of H.R. 1829. tleman from Virginia (Mr. WOLF), SENSENBRENNER) has 51⁄2 minutes re- This bill addresses two important brought up; and I think we do share the maining. issues, rehabilitation of prisoners and same vision, the same objective in the Mr. EMANUEL. Mr. Chairman, today leveling the playing field for small legislation, because it is part of a test I rise in support of H.R. 1829. businesses. Rehabilitation and fair of civilized people as to how we are in Last weekend, my good friend and competition, that is what this bill regard to the treatment of crime and distinguished colleague from Illinois does. criminals. That is why we have put a (Mr. HYDE) wrote a piece which ap- For prisoners returning to society, number of different factors into H.R. peared in the Chicago Tribune. In the this legislation provides more voca- 1829. article, he argued that the supporters tional and remedial education. It The first thing is we do not take a of this bill would have criminals just trains them and helps them to find meat axe to this. What we do is we say break rocks rather than have a real job jobs. I am a former State court judge, over a period of 5 years we phase out through Federal Prison Industries. I and I presided over hundreds of crimi- mandatory sourcing. We still allow support this bill, not because I want nal trials. I know firsthand that people Federal Prison Industries to compete criminals to break rocks, but because who receive education and job training for the business, but we put it on a it is our job to ensure that hard- are less likely to return to courtrooms level playing field for manufacturing working, law-abiding citizens do have and return to prisons. organizations in America so that tax- jobs. Federal Prison Industries has a good payers at least have the opportunity to I understand that prisoners need track record for success, but vocational compete for this business. So it is a something to do. Idle hands will lead to education is shown to be even more ef- phase-out of mandatory sourcing over trouble. The recidivism rate in this fective than FPI. Inmates who have vo- a period of 5 years. country is out of control, and the best cational education are 33 percent less We open up the opportunity, too, for way to attack the recidivism rate is in likely to return to prison after their nonprofits. In the State of Michigan, this legislation dealing with education release. They have a viable alternative our prisoners, they work with organiza- and vocational training. to criminal activity. tions like Habitat for Humanity. They I support educational opportunities This bill also levels the playing field build the frames of homes. The Na- for prisoners. If we look at the history for small businesses. Currently, FPI tional Guard delivers these frames to and we look at the record, it is the lack has a competitive advantage over the building sites. The prisoners learn of education, whether it is high school small businesses. FPI is the Federal the trade skills. The National Guard is or college or junior college education, Government’s mandatory source for involved and families receive homes. that is one of the things that is most over 200 products, and that effectively We are going to be working with the dominant and common throughout the shuts out small businesses that make gentleman from Virginia (Mr. SCOTT) prison population. This is what we need the same products. today to expand the opportunity for to prepare prisoners, not have them Last month, Angie McClure, vice prisoners to work for not-for-profit or- compete against law-abiding citizens president of a Georgia metal manufac- ganizations. So we are looking to fill who do work. turer, testified that in Georgia alone that void, if there is a void. In fact, the gentleman from Massa- there are more than 600 manufacturers For years, we have heard that Fed- chusetts (Mr. FRANK), my friend and competing with FPI. Some of these eral Prison Industries produces a qual- colleague, said we would outlaw this manufacturers are unable to compete ity product at a competitive price, at a act in China. We do not support what because FPI is the mandatory source good delivery schedule. If that is true, goes on in China, that is, prison popu- for those products. These Georgia man- there will be no change in the amount lation slave wages labor. Now, this

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.034 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10477 product may be the best option, but we I have heard on this floor people say, pose, we should fund it in a general do not know because there is no real well, if we leave everything just like it way with everybody who will benefit competition. Our job is to ensure that is, it does not affect the taxpayer. Well, participating, and that we do not sin- the taxpayers’ money is being spent I will tell my colleagues, ask the tax- gle out not just a segment but an eco- wisely. payer who does not have a job and is nomically vulnerable segment, people I support H.R. 1829 because it will en- not paying taxes anymore if it affects who are already hurt disproportion- sure that the Federal Government pur- them because the government factory ately by trade policies, people who are chases the best product at the best has a monopoly. I have heard people on already in difficulty because of a vari- price and that law-abiding citizens this floor saying that, well, prisoners ety of other factors. have the opportunity to compete for will not be trained, prisoners should This bill includes provisions to say manufacturing jobs. not work. There is not a Member here that the prisoners can do work, make Mr. SENSENBRENNER. Mr. Chair- who does not believe they should not products, but simply not compete com- man, I yield 3 minutes to the gen- be worked and should not be trained, mercially. There are plenty of these in- tleman from Georgia (Mr. NORWOOD). and there is not a word in this bill that stitutions in this society, Habitat for Mr. NORWOOD. Mr. Chairman, I says they cannot work. In fact, there Humanity was mentioned, homeless thank the gentleman from Wisconsin are provisions in this bill to improve shelters, day-care centers, there are ENSENBRENNER training for the inmates. It is not work (Chairman S ) and con- plenty of places that have a need for that we are after. It is what the work gratulate him for bringing this bill to clothing and furniture, draperies, they is that they do. the floor, and especially to my friend, can be given this. the gentleman from Michigan (Mr. I ask all of my colleagues, please sup- HOEKSTRA), who has labored long in the port this bill. This is legislation that is What is at issue is not whether or not vineyards to try to get the bill before way overdue. prisoners do work, but what is the so- us so we could debate it. Mr. SCOTT of Virginia. Mr. Chair- cially fair and responsible way to pay Mr. Chairman, as a cosponsor of the man, I yield 3 minutes to the gen- for it. It is true there will be a dif- Federal Prison Industries Competition tleman from Massachusetts (Mr. ference. If we go the way those of us in Contracting Act, I rise in strong, FRANK). who support this bill want, Prison In- strong support of this legislation. I Mr. FRANK of Massachusetts. Mr. dustries will not be doing much mar- could take this time perhaps to tell my Chairman, often in institutions unwrit- keting, but I would hope marketing is colleagues about all the merits of the ten rules get more obedience than writ- not one of the things that we are not legislation, but the Chairman basically ten rules. One of the unwritten rules getting the prisoners into right away. has done that and the author of the that is quite generally followed around They do the physical work, they learn bill. I could also list for my colleagues here is that when one Member begins a the vocational skills. The marketing is a long list of groups supporting this set of remarks by speaking highly of not something that we ought to be in- another Member, the first Member is bill, but that will be in the RECORD, troducing them to. This bill is a way to too. about to disagree with the second continue rehabilitative work for the I would like to tell my colleagues Member. So let me adhere to that rule. prisoners in a socially fair manner. just about the manufacturers in the b 1230 Mr. SENSENBRENNER. Mr. Chair- State of Georgia alone that could ben- I have enormous respect for the work man, I yield 11⁄2 minutes to the gen- efit from this legislation. Manufactur- done by the gentleman from Virginia tleman from Georgia (Mr. COLLINS). ers and workers have been hit hard in who is leading the opposition to this Mr. COLLINS. Mr. Chairman, I thank tough times in our economy and be- bill. He is in many ways, particularly the gentleman for yielding me this cause of some of our trade policies. in criminal justice, the conscience of time. Yes, that is another fight for another this House. And so I feel it is particu- day, but H.R. 1829 could help now. I rise in support of this legislation, larly important to explain why we dis- and I rise in support of it because I Would my colleagues believe that agree, and I appreciate the comments there are 625 companies with over think it is long overdue that we ad- made by the gentleman from Georgia. dress this problem. Approximately 8 30,000 employees in Georgia alone who This is not a debate about whether or need this bill? There are 80 of these years ago, a young man came to my of- not prisoners ought to be given work to fice in Jonesboro, Georgia, to tell me companies in my district alone. One of do which will be socially productive these is Habersham Metal Products in about a situation that his small busi- and rehabilitative. The question is how ness was in. He was being denied a con- Cornelia, Georgia. Ironically enough, will we pay for that work. That is the tract with the Air Force for building they make prison cell doors. issue. missile containers which he had been In August, I toured this plant; and a The current system in effect pays for few weeks ago, we were lucky enough prison rehabilitation by putting hard- doing for several years. He fought it in to have Ms. Angie McClure, who is a working, low-wage citizens at a dis- court and won. He spent all of his cash vice president, testify before the Com- advantage and exacerbates their prob- doing so, only to see FPI come back mittee on Small Business in strong lem. What we now have is a subsidized again, this time successfully, leading support of this bill. She told us how form of competition between the pris- to the demise of his business and the Habersham Metal worked on a design oners and garment workers, textile loss of about 150 jobs, people working build project for several months in Pol- workers and furniture workers. That is to provide for their families, to pay lock, Louisiana. This project would why the AFL–CIO so strongly supports their taxes, and they are playing by have meant work for the employees of our bill. That is why unions, the UAW, the rules. Habersham Metal Products for 3 UNITE, unions which have been in the They had an unfair competition, a months. However, when the specifica- forefront of the battle for social justice position of having a mandatory source tion and request for pricing hit the support this bill, because it is not a that this small business did not have streets, the FPI had taken all the case of saying prisoners should not be and could not overcome. It has been prime doors and frames and left them given useful, rehabilitative work. It is said that China is the enemy, not these with very little to do. This reduced the an effort to change the way it is fi- inmates. I do not consider either an possibility of Habersham Metal em- nanced. enemy. I consider the inmates having ployees working for 3 months down to Right now a vulnerable section of our an unfair position toward competition 3 weeks. population, people who work in the with the mandatory source which has This is not an isolated incident. It textile industry, people who work in been long overdue to be changed. I do has happened in this company alone the garment industry, people who work not see China as an enemy, I see them many other times. But beyond the in the furniture industry, they are the as competition and meeting competi- money and the employment concerns, ones who have to bear the brunt of fi- tion with us with some advantages. where in the world is the logic for al- nancing prison rehabilitation. There are a couple of things where they lowing inmates to build their own pris- We believe through this bill, that do not play by the rules as far as trade. on doors? It makes no sense. like any other important public pur- They do not value their currency as

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.036 H06PT1 H10478 CONGRESSIONAL RECORD — HOUSE November 6, 2003 they should, and they have tax provi- eral part of the entire market share are looking for trouble. Being nice or kind to sions of tax laws which are much dif- will make no difference to anyone. If anyone is a sign of weakness, and ex-inmates ferent from ours which make our work- they cannot get a contract now, they typically overreact to anything that threatens to force noncompetitive with their work- certainly will not be able to get a con- put them down or make them feel hopeless. force. Here we are talking about law- tract if this bill passes. We do know, The most common reason for not being able abiding citizens competing with in- however, that crime will go up if this to adjust back into society is an inability to mates. It is time to pass this legisla- bill passes. It does not cost the tax- handle all the strange, angry emotions and tion, do a 5-year phaseout of the pro- payer any money. It works. I would hassles that come up in almost every social or gram and get away from the manda- hope that we will defeat the bill. interpersonal encounter with people in the free tory source and the competition of con- Mr. SENSENBRENNER. Mr. Chair- community. tracting and bidding. man, I yield myself the balance of my The rights of inmates are restricted, the the- Mr. SCOTT of Virginia. Mr. Chair- time. ory being that they do not have the required man, I yield 2 minutes to the gen- Mr. Chairman, listening to the oppo- honesty and proper values to participate in tleman from Illinois (Mr. DAVIS). nents of this bill, one would be led to some of the things that free people enjoy. Mr. DAVIS of Illinois. Mr. Chairman, believe if this bill passes, prisoners are These restrictions vary by jurisdiction, and I have listened intently to this debate, not going to have anything to do and some places are slowly lifting them but never- and it is clear to me that there are a there will be nothing but prison riots. theless remain very behind. I mention this situ- lot of people here who do not know And when they get out of prison, they ation to show how those inmates who have much about what goes on in prison, and will go back to a life of crime because fully rehabilitated only get harmed by pro- do not know much about what happens they do not have the skills. That is not longed time in prison. This provision respects to people when they get out of prison. true. what the criminal justice system was built to Most of the individuals who are incar- This bill authorizes $75 million a year do. The criminal justice system was not cre- cerated have no skills. As a matter of for rehabilitation and training, voca- ated to simply house the undesirables of the fact, most of them do not have a high tional training so when they get out of world or to keep them away from civilization. school diploma. They are dropouts. the prisons, they will be equipped to It was created to punish, rehabilitate, and to Many of them have personal emotional compete in the job market. reinstate into active society. problems and difficulties. The gentleman from Massachusetts Over 2 million offenders are incarcerated in My mother always told us that an (Mr. FRANK) said it correctly, the ques- the Nation’s prisons and jails. At midyear idle mind was a devil’s workshop. I can tion is here who pays for the rehabili- 2002, 665,475 inmates were held in the Na- tell Members if we do not provide an tation of prisoners, and who pays for tion’s local jails, up from 631,240 at midyear opportunity for individuals to learn giving them vocational training. Vote 2001. Projections indicate that the inmate pop- and develop a skill, to come out so this bill down, and it is on the back of ulation will unfortunately continue to rise over they are able to go in the marketplace the small business owners and the peo- the years to come. A great number of these and get a job, half of them will end up ple who work and pay taxes to try to inmates have fully rehabilitated and have right back in the same prison. We will compete in Federal Government pro- earned the right to exit on ‘‘good time.’’ be paying for them and paying for curement. Pass this bill, and the tax- According to a 1995 Federal Bureau of Pris- them and taking care of them for the payers will pay for it, which they ons study of more than 7,000 inmates, 72 per- rest of their lives. If that is not utiliza- ought to. cent of those who participated in a prison tion of tax money, then I do not know Ms. JACKSON-LEE of Texas. Mr. Chair- work, vocational training or apprenticeship pro- what is. man, I rise to discuss H.R. 1829, the Federal gram, or a combination of these programs, I agree with my esteemed colleague Prison Industries Competition in Contracting had found and kept jobs by the end of their from Illinois (Mr. HYDE) when he wrote Act of 2003, and to discuss a section I added, first year out of prison. Sixty-three percent of the op-ed opinion. It may not be the in- section 16, which should be left intact. In a those who had not participated in these pro- tent to have them breaking rocks, but markup of the full Committee on the Judiciary grams were able to find and keep jobs in the the results will be that there will be in July of this year, my colleagues on that same time period. Allowing these individuals nothing for them to do except break Committee voted to accept two of my amend- to exit on ‘‘good time’’ only gives our economy rocks. I have heard people talk about ments that speak to the issues of the bill’s a much-needed wave of fresh contributors. the training, all of the things that they elimination of the ‘‘mandatory source pref- Work programs are an important component are going to get. I do not know which erence’’ and inmate ‘‘good time’’ for the nature of rehabilitation. Most prisoners have poor lit- prisoners these are, and I do not know of offense and good behavior that have been eracy skills and few job skills, and therefore a which prisons these individuals come incorporated in the bill as sections 15 and 16, history of unemployment and crime. Programs from. They sure do not come from the respectively. Prison reform is an important that reduce illiteracy, allow prisoners to earn a ones that I meet and know and see. matter that deserves serious attention by the high school diploma, and provide vocational This legislation is not good even for House before it considers passing this impor- training and work skills are beneficial to a pris- small businesses. It is not good for the tant legislation. oner’s rehabilitation and have been shown to businesses that we intend to protect Section 16 reads: be very effective in decreasing recidivism. A because any money that they can make It is the sense of Congress that it is impor- program that provides real work experience they are going to have to plow it right tant to study the concept of implementing a can teach useful job skills and good work hab- back into taking care of the inmates ‘‘good time’’ release program for non-violent its which will be vital to the ex-offender’s re- who now cannot take care of them- criminals in the Federal prison system. integration into the community. With the bene- selves. I would urge that we vote this This provision is extremely important to the fits conferred by section 16 of this bill, the legislation down. It is not good for rebuilding and strengthening of our society prison system will actually serve as an institu- America. with contributors to the economy. Furthermore, tion in which we can have pride. Mr. SCOTT of Virginia. Mr. Chair- it helps to alleviate our ever-increasing prob- FPI runs effective and valuable rehabilitative man, I yield myself the balance of my lem of prison overcrowding. In addition, sec- programs. These programs help prisoners time. tion 16 rewards those inmates who have be- gain important life skills, thereby decreasing Mr. Chairman, if this bill passes, we haved well during their incarceration period, recidivism, and gives prisoners income which will very seriously jeopardize the via- thereby giving proof that the criminal justice they can use to pay restitution to victims, fines bility of the Prison Industry programs system does work on occasion. to the government and money to their families. that will reduce the number of prison It is very important that we respect the lives Eliminating the mandatory sourcing program, jobs. It will actually reduce the num- of those who are incarcerated and allow those as mandated by H.R. 1829, would severely ber of business opportunities because who do not belong there to exit. Ex-inmates limit, if not completely destroy, FPI and these right now we are only talking about find it hard to re-adjust to the free community programs. Currently, 22,560 prisoners are em- one-fourth of 1 percent of the Federal as it is. If they have spent any length of time ployed in the FPI. This accounts for 18 per- procurement. In addition to all of the behind bars, they have come to see the rules cent of the total Bureau of Prison inmate pop- private procurement going on, obvi- of the free world etiquette as upside-down. ulation. ously eliminating the prison work and They have learned in prison, for example, that The Bureau of Prisons of the U.S. Depart- one-fourth of 1 percent of just the Fed- a smile when greeting someone means you ment of Justice administers the Federal prison

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\K06NO7.037 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10479 system. Clearly, the Bureau is expanding the will, for the first time, be able to bid on these of the individuals who appeared before me capacity of the Federal system in anticipation Federal business opportunities. and my judicial colleagues. Many criminal de- of accommodating an inmate population ex- Mr. Chairman, this is a bipartisan bill that fendants are people for whom the educational ceeding 178,000 by the year 2006. Clearly, has the overwhelming support of business and system has failed. We have failed to provide the overcrowding of prisons is a serious mat- many labor unions. I am proud to support this early intervention and Head Start for many of ter. bill, and call on my fellow Members to do the these individuals. We have failed to help them The Bureau of Prisons clearly appreciates same. graduate from high school. We have failed to the advantage the program can have on in- Mr. PETRI. Mr. Chairman, I rise today to help these individuals develop the job skills mates and society at large. First, there is voice my opposition to H.R. 1829, the Federal necessary to be productive members of soci- some security benefit to the FPI system be- Prison Industries Competition in Contracting ety and to stay on the right side of the law. If cause inmates are productively occupied. Sec- Act of 2003. we had just made the proper investment in ond, FPI programs are said to provide inmates In my home State of Wisconsin there are education and job training at the beginning, with training and experience that develop job many small businesses that provide parts for some of these individuals would not be in skills and a strong work ethic. This is certainly FPI products. These are vital businesses that courtrooms and prisons across the country important. will be hurt if the contracting procedures of now. On the other hand, there are some groups FPI are changed. Additional job losses would Now that these individuals are in prison, it is that represent working Americans that suggest be devastating to an area that has already lost vitally important to give them the training they that job opportunities, particularly jobs needed many manufacturing jobs. need to be successful once they are released by low-income families, are lost because FPI The supporters of this bill say that small from prison, we must do our best to ensure receives Federal contracts. However, current businesses would be helped by its passage. they do not return. law prohibits FPI from dominating the Federal That simply isn’t true for the Sixth District of Federal Prison Industries has certainly given market, and there are currently congressional Wisconsin, and we will find that it won’t be skills and purpose to inmates and has a good mandates placed on FPI to ‘‘avoid capturing true in many other communities. track record for success. About 24 percent of more than a reasonable share of the market’’ There are currently over 145,000 federally prisoners who take part in FPI do not return to among Federal agencies, departments, and in- incarcerated inmates. It is our responsibility to prison. stitutions for any specific product; determining provide meaningful work and job-training op- However, as I know from my years as a the appropriate share of the Federal market portunities for these inmates while balancing lawyer and judge, there is no one program remains contentious. Nevertheless, we must the needs of the business communities. I have that works for every individual. In fact, voca- endeavor to take into account the concerns by visited the Oxford Prison in my district, one of tional education is shown to be even more ef- working Americans across the Nation so that the institutions where FPI contracts are filled. fective than FPI. Those inmates who have vo- we can pass a bill that simultaneously protects The inmates there put together a good prod- cational education are 33 percent less likely to jobs and keeps inmates productive. uct, learn a skill, and importantly, must take return to prison after release. The most important positive skill taught by responsibility and initiative, all of which will This legislation increases funds available for FPI is a work ethic. The FPI has had a very serve them well upon their release. H.R. 1829 vocational education for inmates, including re- positive impact on inmates. A major longitu- would tie the hands of the Bureau of Prisons, medial education. But we cannot stop there— dinal research study conducted by the Bureau preventing them carrying out these goals. we need to appropriate those funds as well. of Prisons concluded that inmates who worked Supporters of this bill seem to think that this Saying we don’t have the money next year is in FPI while in custody were substantially isn’t true. no excuse, because as a society we will pay. more likely upon release to be employed and Passage of this bill would be detrimental to We can decrease the likelihood that those earning higher wages and were 24 percent businesses throughout the Nation, not to men- individuals will return to prison. This is not a less likely to be engaged in criminal behavior. tion the thousands of inmates who benefit handout to prisoners, this is an investment in Reductions in recidivism can have enormous form the opportunities that FPI provides. the future of our society. Education, job skills impact on public safety, criminal justice costs, I urge my colleagues to oppose H.R. 1829. and training are investments that we should reimbursement to victims and strengthened Ms. MAJETTE. Mr. Chairman, I rise in sup- have made long before these individuals family ties. Hand in hand with this reduction in port of H.R. 1829 Federal Prison Industries ended up on the wrong side of the law. The recidivism is the benefit to be seen from giving Competition in Contracting Act of 2003. Reha- cost of this bill is a small price to pay for re- inmates of non-violent crimes early exist from bilitation of prisoners is vitally important to so- turning people to society with the skills they prison based on ‘‘good time.’’ The success ciety. However, when a government corpora- need to be productive and increasing the odds stories that we see in our respective States all tion becomes a profit center that is removing of their success. show that such early release does cut down work from small businesses, the process But that success cannot come at the ex- on recidivism and helps the economy. needs to be reviewed and changed. That is pense of law abiding citizens who are running Instead of cutting back on prison industry, what this legislature does. small businesses. Small businesses are really we must pass legislation to provide greater Today, FPI is the Federal Government’s the backbone of our economy. They give us opportunities for prison employment and legis- mandatory source for almost 200 products. three of every four jobs created. We must not lation that will improve the safety of those who That is almost 200 items that small busi- take additional opportunities away from our must live and work in the prisons. nesses cannot make for the Federal Govern- entrepreneurs. Mr. DINGELL. Mr. Chairman, I rise in strong ment. FPI has a distinct advantage over small Last month a metal products manufacturer support of H.R. 1829, the Federal Prison In- businesses. FPI is able to pay much lower from Georgia testified that in Georgia alone dustries Act. I am a proud cosponsor of this wages—$.25–$1.25 per hour, which is four to there are more than 600 manufacturers that sensible legislation, and believe that private five dollars less than our current minimum compete with FPI, or who are unable to com- businesses from my State and others can now wage. FPI is exempt from the often over- pete for Federal contracts because FPI has compete for government contracts that they whelming requirements of OSHA compliance. become the mandatory source for those prod- were barred from in the past. The exemption FPI also has the advantage of borrowing ucts. These companies represent more than of Federal Prison Industries (FPI), Inc. has al- funds from the U.S. Treasury to purchase 31,000 jobs. lowed for higher prices, and fewer choices for equipment, pay wages and invest in expan- We need to eliminate FPI’s ‘‘mandatory Federal agencies. With enactment of this bill, sion of facilities. Small businesses do not have source’’ status and require FPI to compete for Federal agencies will now be able to choose that advantage—they have to go to banks to Federal contracts just like every other busi- the products and services offered by FPI rath- borrow money. ness. Our small businesses need a level play- er than the other way around. It is a good bill, For those prisoners who expect to return to ing field on which to compete for Federal con- a sensible bill that helps businesses and work- society, rehabilitation is important and this leg- tracts while we continue to rehabilitate in- ers in my district. islation makes sure that vocational education mates. I support H.R. 1829 because it meets In these tough economic times, when well for inmates is increased, as well as remedial both goals—fair competition and rehabilitation. paying manufacturing jobs are leaving the education. It increases inmate access to pro- I urge my colleagues to do the same. great State of Michigan, this is an opportunity grams that teach job-seeking skills and also Mrs. BLACKBURN. Mr. Chairman, I rise in to help unemployed workers get back to work. gives them access to pre-release job fairs. support of H.R. 1829, the Federal Prison In- H.R. 1829 opens to competition Federal con- I am a former State Court judge and I have dustries Competition in Contracting Act. This tracting opportunities reserved for FPI. Private presided over hundreds of criminal trials. I legislation is needed to help reform the Fed- sector firms, and their non-inmate workers, know that we, as a society, have failed some eral Prison Industries because right now FPI

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\A06NO7.024 H06PT1 H10480 CONGRESSIONAL RECORD — HOUSE November 6, 2003 unfairly competes with small businesses. FPI the FPI. I urge my colleagues to support this Sec. 8. Conforming amendment. is a government-owned corporation that em- important bill and support American manufac- Sec. 9. Rules of construction relating to chapter ploys over 20,000 inmates. FPI has been pro- tures. 307. Sec. 10. Providing additional rehabilitative op- ducing approximately 150 types of goods and Mr. KNOLLENBERG. Mr. Chairman, I rise in portunities for inmates. services that government agencies are forced strong support of H.R. 1829. Let me congratu- Sec. 11. Restructuring the Board of Directors. to accept without competition. FPI was created late my colleague from Michigan for his hard Sec. 12. Providing additional management flexi- in 1934 in order to manage, train, and rehabili- work in bringing this bill to the floor of the bility to Federal Prison Industries tate inmates; unfortunately, FPI does not fulfill House today. operations. its mission and many inmates are unprepared This bill is about fundamental fairness. We Sec. 13. Transitional personnel management to enter the workforce when they are released are not voting today to eliminate the Federal authority. Prison Industries. Rather, we seek to open up Sec. 14. Federal Prison Industries report to from prison. Congress. In fact, there has been no evidence any in- the federal procurement process to manufac- Sec. 15. Independent study to determine the ef- mates have gained meaningful employment turers who are capable of supplying quality fects of eliminating the Federal upon release when assembly is the primary products at reasonable prices, but who are by Prison Industries mandatory skill required. FPI pays inmates a paltry $.23 law prevented from doing so. source authority. to $1.15 per hour, does not provide employee We have heard a great deal in recent Sec. 16. Sense of Congress. benefits, and is exempt from excise taxes. months about the state of manufacturing in Sec. 17. Definitions. this country, and, it’s true, our manufacturers Sec. 18. Implementing regulations and proce- Small businesses absolutely cannot compete dures. with this unfair system. Furniture manufactur- are under severe pressure. As legislators, we Sec. 19. Rule of construction. ers have had to lay off 30,000 employees na- should be looking for ways to open up mar- Sec. 20. Effective date and applicability. tionwide, while 40 percent of FPI sales in FY kets for our small businessmen and women to Sec. 21. Clerical amendments. 99 came at the expense of the office furniture sell their products, so that factories stay open The CHAIRMAN pro tempore. Are industry. Law-abiding citizens are looking for and jobs stay here. there any amendments to section 1? The fact of the matter is that the federal work; nevertheless the FPI is shielded from AMENDMENT NO. 8 IN THE NATURE OF A SUB- competition, overcharges for its products and government is a market unto itself. But for the STITUTE OFFERED BY MR. GREEN OF WIS- services, and is less efficient than many small more than 300 products that the FPI is the CONSIN businesses. The bill we are discussing today only entity allowed to sell to the federal gov- Mr. GREEN of Wisconsin. Mr. Chair- changes that by allowing small businesses to ernment, it is a market that is closed to our man, I offer an amendment in the na- competitively bid on services provided by FPI blue collar workers. This is simply not right. ture of a substitute. to the government. It’s time to end this unfair monopoly. Let’s The CHAIRMAN pro tempore. The We update FPI in order to improve job-hunt- level the playing field for government contracts Clerk will designate the amendment in ing skills and better address rehabilitation for for our manufactures here at home. We’ll save the nature of a substitute. inmates. In addition, reform will provide oppor- the government money, save some jobs, and The text of the amendment in the na- tunities for law-abiding citizens and small busi- restore some sanity to this part of the federal ture of a substitute is as follows: nesses. This legislation updates and improves procurement process. Amendment No. 8 in the nature of a sub- this depression-era agency by properly train- The FPI shouldn’t be afraid of a little com- stitute offered by Mr. GREEN of Wisconsin: ing inmates with hands-on vocation combined petition. Our manufacturers are not. Strike all after the enacting clause and in- with remedial education. I encourage all my colleagues to support sert the following: I urge my colleagues to support this fair leg- H.R. 1829. SECTION 1. GENERAL ACCOUNTING OFFICE The CHAIRMAN pro tempore (Mr. STUDY ON FEDERAL PRISON INDUS- islation that will help level the playing field be- SIMPSON). All time for general debate TRIES. tween this government agency and our small has expired. (a) REQUIREMENT.—The Comptroller Gen- businesses. Pursuant to the rule, the committee eral shall conduct a study of the effects of Mr. ROGERS of Michigan. Mr. Chairman, I amendment in the nature of a sub- eliminating the mandatory source require- rise today to offer my strong support for the ments for Federal Prison Industries (as spec- stitute printed in the bill shall be con- Federal Prison Industries Competition in Con- ified in section 4124 of title 18, United States sidered by sections as an original bill tracting Act. But before I begin I would be re- Code). The study shall consider the effects on for the purpose of amendment, and miss if I did not thank my good friend and col- prison operations, public safety, inmate em- each section is considered read. ployment, public and private sector employ- league Representative PETE HOEKSTRA for in- During consideration of the bill for ment, and any other matters the Comp- troducing and working so hard to pass this im- amendment, the Chair may accord pri- troller General considers relevant. portant measure. ority in recognition to a Member offer- (b) REPORT.—Not later than April 30, 2004, Mr. Chairman, H.R. 1829 levels the playing ing an amendment that he has printed the Comptroller General shall submit to the field and lets private sector businesses com- Committees on the Judiciary of the House of in the designated place in the CONGRES- pete for Federal Government contracts. Spe- Representatives and the Senate a report on SIONAL RECORD. Those amendments cifically it eliminates the mandatory contracting the results of the study required by sub- will be considered read. requirement that Federal agencies are subject section (a). The Clerk will designate section 1. Mr. GREEN of Wisconsin. Mr. Chair- to when it comes to products made by the The text of section 1 is as follows: Federal Prison Industries (FPI). man, a few moments ago my friend, the H.R. 1829 In a misguided policy, Federal agencies are author of this bill, claimed that this Be it enacted by the Senate and House of Rep- bill would not hurt FPI. He said it currently required to buy only from FPI. This resentatives of the United States of America in requirement has transformed FPI from a small Congress assembled, would help Federal Prison Industries. program focused on rehabilitation into a virtual SECTION 1. SHORT TITLE; TABLE OF CONTENTS. It would strengthen it. monopoly power in the Federal marketplace. (a) SHORT TITLE.—This Act may be cited as Well, the truth of the matter is al- Providing over 300 products and services and the ‘‘Federal Prison Industries Competition in though he may believe that, he cannot generating $678 million in sales last year. Contracting Act of 2003’’. say that for certain. We simply do not We in Michigan have a keen appreciation of (b) TABLE OF CONTENTS.—The table of con- know. The amendment that I offer the impact of FPI because nearly 35 percent tents for this Act is as follows: today would help us to find out. This of these sales represent office furniture prod- Sec. 1. Short title; table of contents. simple amendment is grounded in com- ucts that are competing directly with the many Sec. 2. Governmentwide procurement policy re- mon sense. It simply permits the GAO lating to purchases from Federal to study the effects of eliminating furniture makers in my home State of Michi- Prison Industries. gan. In fact, approximately 5,000 inmates in Sec. 3. Public participation regarding expan- mandatory source requirements for 17 factories within the Federal Prison System sion proposals by Federal Prison Federal Prison Industries. The pro- are building furniture today. Without this bill, Industries. scribed study will consider the effects FPI will be able to continue its mission creep Sec. 4. Transitional mandatory source author- on prison operations, public safety, in- into new marketplaces directly competing with ity. mate employment, and public and pri- Sec. 5. Authority to perform as a Federal sub- vate sector employment. struggling private manufacturers. contractor. Mr. Chairman, the private marketplace has Sec. 6. Inmate wages and deductions. A similar study is already underway consistently shown that they can provide high- Sec. 7. Clarifying amendment relating to serv- at the GAO, and we have been told that er quality products quicker and cheaper than ices. this study will be ready by April 2004,

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.028 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10481 in 6 months. In only 6 months, we we did the same. To say that all of this Yes, this is a Federal subsidy of pris- would have all of the information we work should be tossed in the waste bas- on industries, but we rush to subsidize need, impartial evidence, the evidence ket and we have to start over from the farmer, or we rush to subsidize re- that we need to know what the effect scratch is nothing but a means of say- search at universities and education. this legislation would have on our pub- ing let us keep the present system as it Subsidies are not alien to this body. lic safety, on our prison safety, on re- is. But the social good that comes from cidivism, on prison operations, and b 1245 prison industries, it seems to me, out- local business. It seems to me 6 months weighs any distaste for a Federal sub- is not too long to wait. This study will It is a stalling technique, and it real- sidy. ly should not be seriously considered in provide us with the data to determine One of the great unmet needs of our the House. the actual effects of eliminating the country is prison reform. Currently Let us look at what is in the 48 pages there are 145,000 federally incarcerated FPI mandatory source authority as of H.R. 1829. It makes reform of the prisoners. I ask whether or not we have this bill would do. The study is critical government-wide procurement policy a duty towards them. I think one of the in my view to the proper development with respect to purchases from FPI. It purposes of imprisonment is rehabilita- of any comprehensive legislative solu- has public participation regarding ex- tion and one very effective way to re- tion to the real problems that exist pansion proposals by FPI. It has a tran- habilitate, especially someone who has with FPI. sitional mandatory source authority. never had an education, as many of Currently, FPI has a positive impact It gives FPI the authority to perform upon a number of important concerns as a Federal subcontractor. It deals these have not, is to provide work op- in the justice system, concerns like with inmate wages and deductions. It portunities and training. This is a gov- prison security and correctional work- has additional rehabilitative opportu- ernment program that works and that er safety and victim restitution, de- nities for inmates, and provides an au- does not cost a dime. Since 1934, thousands of prisoners pendent support, recidivism, hundreds thorization for it. It restructures the have changed their lives, have been of small and minority-owned busi- board of directors of FPI, which I think better when they left the prison than nesses, not to mention the thousands is vitally necessary because it is the of workers that partner with FPI. And board that determines what Federal when they came in. What is the result last, but not least, public safety. The Government agencies have to buy and of a functional Federal prisoners pro- GAO report will assess the impact of what goods they have to buy. It pro- gram? Restitution to the victims, sup- the bill on these important areas. vides additional management flexi- port their families, pay some of the I believe the consideration of this bility for FPI. It requires a report by costs of incarceration, and some gate legislation is premature without this FPI to Congress. It has an independent money for when they leave. These are analysis and review. There could be study to determine the effects of elimi- all highly useful social consequences many unforeseen and unmeasured im- nating the Federal Prison Industries’ and ought to be considered. Work is pacts as a result of this bill. The prob- mandatory source authority. constructive. Idleness is destructive. lem is no one knows for sure. All that is completely obliterated by These programs provide incentives for It is this type of uncertainty that has the amendment that my colleague good behavior. caused Chuck Colson’s Prison Fellow- from Wisconsin has offered. He can be To work in the Federal Prison Indus- ship to oppose this legislation. against the bill. If he is against the tries, you need a general education di- My amendment asks for the study to bill, he ought to vote against it. But to ploma or be working towards it. That be forwarded to the House and Senate stop FPI reform in its tracks and force is important. The other is a record of Judiciary Committees for review. Once everybody to go back to square one is good behavior. Close them down, cur- we have this information, then we can not warranted given all of the work tail them, limit them and you only ask act in ways that will truly reform and that has been put into this. I would for trouble in prison. Small business is improve Prison Industries. There would urge that this amendment be over- supported by FPI because over $502 be more than enough time in this ses- whelmingly rejected. million worth of raw materials and sion to take action, action that would Mr. HYDE. Mr. Chairman, I move to other goods were purchased by FPI strengthen FPI, action that would take strike the last word. from private business. Sixty-two per- care of abuses in FPI. Mr. Chairman, a couple of comments cent was from small business. Less Mr. Chairman, we should act on the on remarks made earlier by the gen- work and more idleness combined with basis of facts. We should wait a short 6 tleman from Massachusetts. The inmate overcrowding and staff short- months before proceeding with legisla- unions do not speak with one voice on ages is a formula for disaster. We tion that could harm so many people this issue. We have received cor- should be building, not tearing down. I and do so very much damage. I ask respondence from the AFL–CIO locals think we encourage hope, we encourage Members to vote yes for this amend- that represent the correctional officers opportunity, not despair, by strength- ment and vote yes for getting the real in the prisons who are very much ening and reinforcing Federal Prison facts. against this bill. The prisoners do not Industries, not weakening them, as Mr. SENSENBRENNER. Mr. Chair- have any lobbyists on Capitol Hill, and this bill unintentionally will do. man, I rise in opposition to the amend- perhaps for purposes of this debate I I hope this bill is not supported and ment. can appoint myself as their lobbyist be- we go ahead and get the report that the Mr. Chairman, let us be clear about cause I do have a perspective on the gentleman from Wisconsin (Mr. GREEN) this. This is an amendment in the na- prison and prisoners and what their fu- has asked for so we are not legislating ture of a substitute. If it is adopted, ture and what their present could be. in the dark. there will be no more amendments in One of the most memorable events in Mr. FRANK of Massachusetts. Mr. order and the bill will come up for a my life was attending a graduation Chairman, I move to strike the req- vote on final passage right away. All of ceremony of prisoners in the Cook uisite number of words. the work that has been done relative to County jail where these young men Mr. Chairman, I rise to speak against reforming Prison Industries will be marched to the tune of ‘‘The Impos- the amendment. I am always a little tossed in the waste basket, and we will sible Dream’’ in their secondhand grad- puzzled when we get amendments that get another study and the Committee uation robes where they were getting would substitute a study for the bill. It on the Judiciary is going to have to an eighth grade diploma. Some of them seems to me it would ease the strain on start over from scratch in terms of put- had been taught how to read, some- the GAO if we just killed the bill. Since ting together legislation to reform thing that their education had missed. the purpose of this study is to stop the Federal Prison Industries. The room was filled with employers bill from going forward, why drag the The Committee on the Judiciary has who were going to see that these peo- poor GAO into it? Why do we not let held hearings on the problems relating ple, who tried to put their time in jail them go about their business and not to Prison Industries. We have had a to use, were going to have some hope have them do a study when the only markup on this bill where all views instead of despair when they left the purpose of the study is to kill the bill? were considered. In the last Congress prison. I say that because I do not remember

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.041 H06PT1 H10482 CONGRESSIONAL RECORD — HOUSE November 6, 2003 any call for a GAO study before we ing the prisoners be without this kind support the underlying bill because I came forward with this bill. of rehabilitative work. The question is, do want to put FPI on a more level On the merits, I want to express my how do you finance it? I am not for al- playing field with other industries that disagreement with the former chair- lowing that to be self-financed in a way employ Americans. I am very sympa- man of this committee. I appreciate that deprives us of the right as elected thetic with the concerns of correc- very much his concern for prison re- officials to make choices about what tional officers, however, who oppose form, and there are a number of things the resources ought to be. That is par- the bill because FPI has been proven a I think we ought to be doing to reform ticularly the case because, as I said, it successful tool in creating safe prison the prisons. For one thing, we ought to is not cost-free. environments for both staff persons, be dealing with overcrowding by not We are losing jobs in the garment correctional officers, and inmates. I am locking up as many wholly nonviolent and textile area. Obviously when we sympathetic with those who believe prisoners as we do for things that in subsidize prisoners to produce jeans, to that FPI provides essential work expe- some cases ought not to be offenses. produce clothing, to produce draperies, rience and rehabilitation for inmates But I have to disagree with him when jobs are lost by people in the private who will eventually use these skills he says this does not cost anything. It sector who would be doing that. It is when they are released from prison. extracts a cost, and it extracts it in an simply inappropriate to say to hard- I strongly believe that the Green unfair way. Obviously, somebody has working, low-wage people, you know amendment gives us an opportunity to to pay for this. It is now paid for not by what, you are going to lose your job be- craft a thoughtful, successful public the tax system in general but by those cause there are prisoners we want to policy for all involved. The Green people who work in a couple of indus- rehabilitate. I want to rehabilitate the amendment would simply give Con- tries, industries that are already under prisoners, but not by taking jobs away gress more information. The amend- economic attack. This takes the cost from people who have stayed out of ment gives the GAO a compressed time and takes it out of the hides of workers prison. On the whole, they are better at frame to study the effects of the bill on in the garment and textile industries. what they are doing. That is the nub of prisons, on public safety, inmates, pub- That is why UNITE!, the union of gar- this. lic and private sector employment. I ment and textile workers, is so strong- We have a very large budget. I think know that I have a lot of questions ly for this bill. It takes it away from that the gentleman from Illinois is about the effects this bill will have, small businesspeople who would be get- right about what we ought to be doing. and it seems to me that we should at ting the work otherwise. The question is not what we should be least have a chance to have all of our I want to say particularly to many of doing with regard to prisoners but how questions answered before we make my friends on the liberal side who have do you pay for it, how do you finance this decision. This program has been a concern for the welfare of prisoners it. Do you do it by taking work away around nearly 70 years. not based on any kind of view that the from people in the private sector? They In closing, I want to point out that prisoners are such wonderful people are not taking away high-level jobs. this is not an issue that we should take who happened to fall into prison by ac- They are not taking away those jobs lightly. Its effects have the potential cident, but on the perfectly sensible where America is expanding. They are to reach the core of our communities. notion that most prisoners will some- not doing things that take away from Yes, correctional officers and inmates, day be out of prison and back in soci- the strengths in the American econ- small business owners and American ety and it is in society’s self-interest to omy. They exacerbate the problem we workers care about this bill for very help them become the kind of people already have in industries that are al- obvious reasons. But we should not for- get that all those who are worried who will not do bad things when they ready under pressure, and that is whol- about criminal recidivism and the safe- come out. ly inappropriate. But here is what you have to look at I believe that there are in this soci- ty of our communities also care about this Federal Prison Industries system ety day care centers, homeless shel- this bill. About 98 percent of prisoners as. It is a way for the prison system of ters, and other institutions with a currently serving time will eventually the United States Government to es- great need for these products. Let us in return to society, and H.R. 1829 will po- cape public judgments and public su- an intelligent and humane way have tentially have a dramatic effect on our prisons’ ability to ensure that those pervision. It is self-financing. Why the prisoners produce for that sector prisoners are ready to make the transi- should it be? What other aspects of the and pay for it in a legitimate way, not tion. I think we should do this right. I prison system do we want to exempt by taking it out of the hides of the would hope we would pass this amend- from the appropriations process, do we weakest and most vulnerable people in ment so that when we do make the want to exempt from Congress being in the private sector. control? What this does is to say to the Mr. STRICKLAND. Mr. Chairman, I final decision, we can do it being bet- prisons, the Bureau of Prisons in our move to strike the requisite number of ter-informed Representatives and con- sequently arrive at a more justifiable government, you get this source of in- words. I rise in support of the Green public policy. come over which we have no control, amendment. Mrs. MILLER of Michigan. Mr. and I must say I think we have a prob- Mr. Chairman, I agree with nearly Chairman, I move to strike the req- lem with not just prison overcrowding everything my friend from Massachu- uisite number of words. I rise today to but what is the cause of prison over- setts has said, but I rise today in sup- support H.R. 1829. crowding. In my view, too many people port of the Green amendment because I are in prison who should not be there. think that would give Congress impor- b 1300 People who are violent towards other tant information about the potential I think most Americans would be people or people who steal from other effects of H.R. 1829 by requiring the surprised, and I dare say appalled, to people ought to be in prison. But we GAO to submit to this Congress a study know that the Federal Government has have got people who are there for non- of the effects of eliminating Federal been using their tax dollars to engage violent drug possession offenses and Prison Industries’ mandatory source in business which literally takes jobs others whom I think should not be in requirements. This amendment would away from hardworking men and prison. require that this study be completed women, away from law-abiding citizens I do not understand why some of my within a compressed period of time, by who obey the laws of our Nation, who liberal friends think we ought to be April 2004. pay their taxes, try to raise their fami- subsidizing prison expansion. That is Mr. Chairman, I may be the only lies, and the Federal Government takes what you are doing here. When you Member of this House who has actually their jobs away to give those jobs to leave this in place, Federal Prison In- worked in a prison, in a maximum se- convicted felons. Yes, that is the brutal dustries, as this self-financing entity, curity prison, as a matter of fact. reality of this. The Federal Govern- you are giving the people in the Bureau Based on my experience, I believe there ment taking away jobs from taxpayers of Prisons a source of income so that are good arguments both in support of and giving those jobs to prisoners who they can do something that everybody and in opposition to H.R. 1829, and I are housed and fed by those same tax- agrees is important. No one is for hav- feel conflicted today. I am inclined to payers.

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.045 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10483 It sounds too ridiculous to be true, The second point I want to make is if deal. Other communities are impacted but believe it. Because some think we they find an issue where the gentleman not as much. need to put prisoners’ rights ahead of from Virginia (Mr. SCOTT) is on one If one lives in inner city America the rights of tax-paying American citi- side and the gentleman from North where there is the greatest amount of zens, and they say that these poor pris- Carolina (Mr. WATT) is on the opposite impact, there are some neighborhoods oners are doing hard time and they side, one can almost be guaranteed where they will go into and find that need to be taught a skill. Let me say that that is a very difficult issue and almost a third of the men have some that hard time is a time that one is un- that it is not an issue of the good guys kind of prison record, have some kind employed while they helplessly watch against the bad guys. This is not a good of association with the criminal justice goods that they once proudly made guy/bad guy issue. It is an issue of how system. That sounds theoretical to now being made by prisoners who can we try to define the appropriate role people who do not experience it, but if produce the same product at a lower that the Federal Prison Industries one lives in one of those neighbor- price because their overhead is being ought to be playing in the overall con- hoods, then they have a large number paid for by the Federal Government. text of what we are doing here. Federal of individuals who cannot get a job, And some would say what is the Prison Industries serves a very impor- who cannot be employed. harm? Why not keep prisoners busy? tant role, and I am not adverse to the For example, in my State of Illinois, That is an important thing for us to do, Federal Prison Industries, but it has to there are 57 job titles by license that a who cares? Well, go to west Michigan have some balances to it, and it should person coming out of prison with a fel- and talk to the thousands of unem- not be used solely as a baby-sitting or ony cannot hold. As a matter of fact, ployed workers who have lost their a prisoner-sitting mechanism. It ought they cannot be a barber. They cannot jobs because their own government has to be used for its original purpose, cut hair without a waiver. They cannot conspired against them and ask them if which was to train people and get them be a beautician. They cannot be a nail they mind. A once vital industry in prepared for reentry into society and technician. They cannot work in any hospital or health care facility. They Michigan has been decimated, the fur- prepared to accept jobs when they cannot wash dishes at a nursing home. niture industry. Not because the work- come out of the prison system. And I They cannot work around a school. ers did not have a high degree of pro- think the system is out of balance now They cannot cut the grass. They can- ductivity, not because the quality of because we have set up a system where not mow the lawn. They cannot wash their products was inferior, not be- we basically guarantee contracts to the the windows. They cannot be a butch- cause their company wanted to ship Prison Industries program rather than er. And, of course, the professions, they those jobs to China or to Mexico. It has putting them in a position where they are obligated to compete, and they are cannot enter into those. been devastated because the Federal So these individuals then come back, going to have a competitive advantage Government has totally forgotten what and they cannot find anything to do. just in terms of the lower wages that the purpose of government is and, in They do not have any resources. And they are paying in the system. But we fact, has actually, in the very height of before we know it, most of them are arrogance, declared an unfair trade war cannot give such an advantage to the back on the streets hollering crack and against its own citizens. Prison Industries that we start to dis- blow, pills and thrills, whatever it was These companies are not even al- advantage and be unfair to businesses that got them there. As a matter of lowed to competitively compete for that are outside the prison system be- fact, 67 percent of them are more than those contracts. Rather, they are given cause ultimately if we do that, we will likely to be rearrested within a 3-year to criminals because of some misguided do damage to private businesses. They period of time, 67 percent. Almost half notion of rehabilitation. will then lay off or terminate people of them will be back in jail or the peni- I am not a corrections expert. I who are employed by them, and that tentiary within a 3-year period, almost admit that. But I do know that I could will run the risk of cycling them into a half, 45, 46 percent. think of plenty of other rehabilitation life of crime because they will have to So any opportunity that exists for outlets rather than assisting felons depend on that as a means of survival. them to get trained is good, even if it from, one more time, taking advantage So this is a very delicate and difficult is only the little bit that they get. As of law-abiding citizens. issue, and the Committee on the Judi- a matter of fact, we talk about the im- I urge my colleagues to do the right ciary has been working the issue, de- pact, and we do need a GAO study, be- thing, to do the decent thing, to bating the issue, trying to find the cause in one sense we are really talk- change a law that is un-American, and right balance, and I think we have ing about one-quarter of 1 percent of vote for H.R. 1829. found a reasonable balance on this the procurement that we are talking Mr. WATT. Mr. Chairman, I move to issue. That is why we see Democrats about. That does impact some busi- strike the requisite number of words. and Republicans on both sides of this nesses. Mr. Chairman, I want to rise in oppo- issue, liberals and conservatives on I consider myself a serious proponent sition to the gentleman from Wiscon- both sides of this issue. It is not a phil- of small businesses. I am an advocate sin’s (Mr. GREEN) amendment and in osophical issue. It is not a bad guy for small businesses, and I recognize support of the underlying bill, and it versus good guy. It is what is the ap- that they need opportunities and agree may come as a surprise to some people propriate balance? And I think this bill that they should have them, but the because I cannot think of a more dif- strikes an appropriate balance, and I Prison Industries really did not send ficult position to be in than to be op- would encourage my colleagues to de- the jobs to Mexico. They did not create posing my friend from Virginia. My feat the amendment, which would NAFTA. They did not create GATT. friend from Virginia and I have been study it to death forever, and to sup- They did not create free trade. They debating this issue about what the ap- port the bill so that we can get on with did not create any monopolistic trade. propriate role of the Federal Prison In- making the reforms that are needed. All these individuals are, are some in- dustries should be for a number of Mr. DAVIS of Illinois. Mr. Chairman, dividuals that have gone afoul of the years now, which brings me to the first I move to strike the requisite number law and are hoping that they would point I wanted to make. When I was in of words. have some opportunity to reclaim the State legislature, the way they Mr. Chairman, it seems to me that themselves rather than be in and out of would kill a bill would be to send it to what we are debating is corrections the penitentiary, the penitentiary that a study commission, and they would policy. The United States of America, we pay for, $35,000 a year in many in- study that bill to death until it went our country, has become the most im- stances. If we can get an individual to away, and that is really what the pur- prisoned Nation on the face of the get an individual to become self-suffi- pose of this amendment is that the earth. Right now, we have more than 2 cient, that is $35,000 that we could use gentleman from Wisconsin (Mr. GREEN) million people in jails and prisons. We for something else. Support the Green has offered. He wants to send this back have more than 630,000 people who re- amendment. for further study as if we have not been turn home to neighborhoods and com- Mr. SCOTT of Virginia. Mr. Chair- studying this for a long, long time. munities each and every year. Some man, I move to strike the requisite That is the first point I want to make. communities are impacted a great number of words.

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.047 H06PT1 H10484 CONGRESSIONAL RECORD — HOUSE November 6, 2003 Mr. Chairman, I would first like to now is to move forward. If the gen- My colleagues, in the response to the start off with an agreement with my tleman proposing the amendment is loss of these jobs, say it is the pris- friend from North Carolina, who indi- against the bill, he should vote against oners’ fault. No, guys, it is NAFTA’s cated when he was in the State Senate, the bill, but not delay it for another 6 fault. It is permanent trade relations as I was in the State Senate in Vir- months. with China’s fault. ginia, often bills would go to a study We have seen the impact, we have I can tell you one thing that my con- and that would defeat the bill. That is seen the circumstances of what Federal stituents want, is they want prisoners true because after they studied an Prison Industries has done. We have a to work. They do not want them sit- issue, they would find that the bill had modest proposal for reform. We are not ting on their duffs watching television. no merit. It also helped bills because putting prisoners out of work. What we They want them to work. They want after they studied a bill, they would are doing is providing a 5-year phase- them to do something for society, to find that it had more merit than they out of the concept called mandatory pay their debt to society. If you are thought. So there is nothing inherently sourcing. We are putting significant going to tell them they cannot make wrong with sending it to a study to get amounts of money into vocational this or that, what can they do? Because the facts. The study is already under- training. We are going to continue to there is not enough trash on the high- way. The information will be to us by work with our colleague on the other ways to be picked up. And, by the way, April, and there are a lot of statements side of the aisle, the gentleman from no one is hiring people to pick up trash that have been made on this floor as to Virginia (Mr. SCOTT), on the issue of re- on the highways when they get out of whether this bill will hurt or help patriation. On one part of that, I think prison. small business. we are going to have an amendment If you are really serious about the that we are going to offer together that loss of American manufacturing jobs, b 1315 will expand work opportunities for repeal NAFTA. If you really care about We know right now that FPI spends prisoners to do work for not-for-profit the future of this country, repeal per- 75 percent of all of its revenue on pur- organizations and these types of manent normal trade relations with chasing supplies from outside of the things. the last communist superpower that is prison system. Small businesses, 62 So I think we have much of the using that money to buy weapons that percent of the 75 percent is spent with framework in place to move forward. will eventually be used against our small, disadvantaged or women-owned We share the same vision. We want country. But, for gosh sakes, do not businesses. Only 23 percent of Federal folks who are in prison to gather the take two mistakes and compound it purchases generally are spent this way. skills and the capabilities that they with a third mistake of saying pris- So there is a question of whether small need so that when they leave, they will oners cannot work and continue to do businesses will be better or worse off if be successful in society. So we share something to pay their debt to society. this bill passes. But let us get a study. the same vision. I urge Members to vote against this Let us study the effect. We share much of the same vision for bill. Last year we passed amendments how we are going to implement that, Mr. WOLF. Mr. Chairman, I move to similar to the provisions in this bill the strategies and the tactics. We have strike the requisite number of words. that affected the Department of De- got one major issue there, and that is, (Mr. WOLF asked and was given per- fense. What happened as a result of is there enough work in this bill or is mission to revise and extend his re- those provisions? Thirteen factories there not, and we are committed to marks.) have closed, 1,700 jobs have been elimi- working with the gentleman from Vir- Mr. WOLF. Mr. Chairman, I listened nated, 500 more jobs are expected to be ginia (Mr. SCOTT) on other work oppor- to the gentleman from Mississippi. I eliminated in the near future. There tunities to make sure that there is not was walking back to my office. He real- has been a temporary upward blip in idleness in the prisons, that the people ly made a lot of good points. I was jobs in Federal Prison Industries be- learn the skills and have the work; and going to make them, and I had 4 min- cause of the war in Iraq, but we need to we are committed to working together. utes. study to see what the long-term effect But the one thing we do not need, we Let me just say, he is right. You are will be. do not need another study. shooting at American prisoners who Finally, we need to know whether or I urge my colleagues to vote ‘‘no’’ on are trying to be rehabilitated, when not we are going to actually appro- this amendment, vote ‘‘yes’’ on the China has taken more jobs from this priate the money for on-the-job train- bill, and enable us to go forward. country. But somebody said China is ing programs and the other programs Mr. TAYLOR of Mississippi. Mr. not the enemy. in the bill. FPI pays for itself. Are we Chairman, I move to strike the req- China has about 11 Catholic bishops going to actually appropriate the uisite number of words. in jail today according to the Cardinal money, or will we just let the crime Mr. Chairman, I find it a bit incon- Kung Foundation, if anybody read, I rate go up? Because if we eliminate the sistent. This is the same body that did a Special Order on it—11 Catholic jobs without any replacement, crime voted for NAFTA, that sent tens of bishops. They have 250 evangelical will go up. thousands of American jobs to Mexico, house church leaders in jail today. These are the kinds of things we will the same body that voted for perma- They have plundered Tibet. Tibet is a learn from a study, and that is why I nent normal trade relations with the wreck. I have been to Lhasa. Lhasa is a am delighted to stand up and support Communist Chinese. dirty Chinese city. Lhasa is no longer the pending amendment, and I hope it In the case of NAFTA, we have gone the Tibetan capital. The Muslims. is in fact adopted. from a trade surplus to a trade deficit. China is pounding the Muslims in the Mr. HOEKSTRA. Mr. Chairman, I We have sent jobs that used to be in northwest portion of the country. move to strike the requisite number of Mississippi to Mexico. In the case of Spying. The gentleman from Mis- words. normal trade relations with China, we sissippi is right. The FBI comes before Mr. Chairman, the amendment that have taken it a step worse. We have my appropriations subcommittee. They is before us talking about another taken jobs that used to be done in gave me a classified briefing. I can tell study, I would like to just hold up the Waynesboro, Mississippi, that are now you that the Chinese are spying studies that have been done on Federal done by political prisoners in China. against us more so than the Russians Prison Industries. These are the stud- To make matters worse, you can were doing it. Yet what does this body ies that have been done over the last trace Chinese defense spending, and do with regard to China? Zero. Zip. Not number of years. These are the hear- their weapons modernization has in- a thing. ings that have taken place: Committee creased on a dollar-for-dollar basis The gentleman is right. I was op- on Small Business, Committee on the with their trade surplus with the posed to granting normal trade to Judiciary, Committee on Education United States. So we have not only China. I am a free-trader. A lot of you and the Workforce. sent them our jobs; we are sending rushed down here to give MFN to the There are plenty of studies that have them the money they will eventually Chinese. They are spying against us; been completed on this issue. The time use to shoot at Americans. they sold weapons to Saddam Hussein.

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.048 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10485 Remember watching that show one China has for too long been at liberty to de- count of their faith, properties belonging to or day? The shopping center hit in Kuwait tain and torture and intimidate and oppress used by such groups have been confiscated, was from a Chinese missile, sold by good men and women for their religious be- closed, or destroyed and members have been China to Iraq. liefs. As the world’s greatest democracy and detained, tortured, and subjected to other I know some members are frustrated the symbol of hope for millions, America has forms of government harassment. because you are losing some jobs, and I a duty and an obligation to speak out for the In June 2003, 12 members of a house want to do something to help keep jobs oppressed people of the world. We fail in our church in Guna Village in Yunnan province here. Yet you do not deal with those duty if we do nothing. were arrested after they sought registration who are persecuting fundamentalists, It was the British philosopher and statesman with the local government. On June 6, in re- who are persecuting Christians, perse- Edmund Burke who said that Representatives sponse to the government’s ‘‘invitation’’ to cuting Catholics and Protestants. I owe you not just their industry but also their complete the registration process, the 12 never hear anybody here speak about judgment. As Representatives and beholders church leaders were arrested for engaging in it. I never hear this House speak about of American ideals, we should speak out on ‘‘feudalistic superstition.’’ Eight of the 12 were that issue. the issue of the persecution of those of faith immediately sentenced to three years in ‘‘re- Tibet. Many came to see the Dalai in China. education through labor’’ camps, while the Lama, but nobody talks about the per- The litany of abuses committed by the Gov- other four were indicted and are being held for secution of the Buddhists. Muslims. ernment of China toward its own people is trial. Many of you represent large Muslim long and senseless. I recently held a meeting In late August 2003, local officials arrested areas. Why do you not speak out when with a number of groups who have spent 170 house church Christians in Nanyang China is persecuting the Muslim faith? years in documenting the numerous abuses county, Henan province after local police re- Spying against us. Why do you not committed by the Chinese Government upon portedly raided the meeting place where the speak out? The gentleman from Mis- the Chinese people. In the coming days, I will worship service was being conducted. The re- sissippi (Mr. TAYLOR) is right, China is be highlighting the plight of different groups of port indicates that the 14 leaders of the group spying against us. long-suffering Chinese people so that col- are currently being held in detention, possibly China is taking high-tech jobs from leagues can better understand the depth of facing serious charges, while the other mem- us. We lost 600,000 jobs. Maybe some this problem in China. The material I will be bers were released after having been fined, changes ought to be made in the FPI. submitting today was prepared by the Inter- fingerprinted, and warned against continuing The gentleman from Michigan (Mr. national Religious Freedom Commission, and their activities. HOEKSTRA) is a good guy, and it pains I hope Members will read it. The Chinese Communist state has, since me to be on the opposite side. Hope- As I close, 10 Catholic bishops are in China the 1950s, banned the Roman Catholic fully, something can be done. today under house arrest, and this govern- Church, replacing it with the state-approved There is an amendment that the gen- ment, our government, our Congress and the Catholic Patriotic Association. Through this tleman from Virginia (Mr. SCOTT) has state organization, the Communist government about repatriation, but we are fun- administration, does not act. The Protestant has claimed the exclusive right to appoint Chi- damentally not dealing with a major Church is being abused and beaten in China nese bishops. Most Chinese clerics, however, issue here. and we have refused to speak out. The Chi- The gentleman from Mississippi (Mr. nese have plundered Tibet, and yet the West have refused to accept the legitimacy of gov- TAYLOR) was right. Generally he makes is quiet. Muslims are being persecuted in the ernment appointees. As a result, many Roman a lot of sense, a lot of times. I know I northwest portion of China, and yet the West Catholic bishops and priests have been har- am using this opportunity on a bill speaks out not at all. The Falun Gong are assed, detained, or imprisoned. dealing with FPI, but we are ignoring— being persecuted almost on a daily basis. According to the Cardinal Kung Foundation, this side and that side—are ignoring I think this is an opportunity to hear, in their a number of Catholic bishops and priests who the persecution of people of faith in own words, what all of these groups have to refuse to submit to government tutelage re- China. tell us in the Congress and us in the United main in prison or in detention and the status Do you know if you need a new kid- States and us in the West about what is taking of other priests and lay persons remains un- ney, for $50,000 you can get it in China? place, so that we know we should speak out known. As of August 2003, at least 10 Catho- Do you want to see it? Come by my of- on their behalf, particularly next year when the lic bishops, including Bishop Su Zhimin, fice. They are shooting people in the Geneva resolution with regard to condemning whose whereabouts are unknown, are impris- back of the neck. They put the bayonet China on human rights comes up. oned, in detention, under house arrest, or up high so the body goes rigid, they Depending on the religious organization in under surveillance. shoot them, they throw the body in a question, the Chinese government provided In Tibet, Buddhist monks and nuns serve canvas bag, they put it in an ambu- various justifications to defend its policy of re- lengthy sentences for voicing their allegiance lance, and in a half hour they are doing pression. Its action to restrict religious belief to the Dalai Lama. In point of fact, the great a transplant. and practice, however, go far beyond what is majority of Tibetan political prisoners are When does this Congress ever speak necessary to protect legitimate state interests. monks and nuns. out? When does the Congress speak out Since 2001, the Communist government has The longest-serving Tibetan political pris- on that issue? The Congress does not. engaged in a persistent campaign of banning oner, Tagna Jigme Zangpo, was granted a There are more slave labor camps in some religious groups while insisting on reg- medical parole to come to the United States in China today than there were in Russia istration for others. Many groups, particularly summer 2002 when he was in the middle of when Solzhenitzyn wrote the book Christian house churches, have refused, un- a 28-year sentence before his ‘‘early’’ release. ‘‘Gulag Archipelago.’’ Does this Con- derstandably fearful that providing member- Ngawang Sandrol, a member of the famous gress ever speak out about it? ship rosters would lead to regular surveillance Tibetan ‘‘Singing Nuns’’ who was released last About the FPI, I know members are by party and government agencies. year, had served over 10 years in the infa- frustrated, and want to do something. The government’s policy of designating reli- mous Drapchi Prison before her release. Ac- You want to deal with this issue. But gious or spiritual organizations as ‘‘cults’’ has cording to the Tibet Information Network, the we’re talking about a handful of jobs led to tragic outcomes for millions of religious State Department, and the testimony of former that are helping to train people so believers. All too often victims are sentenced Tibetan nuns like Ngawang Sandrol, many of when they get out of prison they have to ‘‘re-education through labor camps,’’ admin- these prisoners have been severely beaten some rehabilitation and some dignity. istered by the notorious Ministry of Public Se- and subjected to other extreme forms of pun- The gentleman from Mississippi is ex- curity, which appears to perpetrate human ishment. Some have died in prison. actly right. rights abuses with absolute impunity. Persons The Chinese government has denied re- Mr. WOLF. Mr. Chairman, what is America adhering to ‘‘unacceptable’’ faiths have been peated requests, including from the U.N. High if not a Nation that stands up for basic de- given prison sentences of up to three years Commissioner for Human Rights, for access to cency and human rights? What is America if without a right to a hearing, without counsel the 12-year-old boy whom the Dalai Lama rec- it is not a people that speaks out for those and without judicial determination of their ognizes as the 11th Panchen Lama. Govern- who cannot speak out for themselves? And cases. ment officials have stated that he is being what will America become if we fail to speak There are at least 30 million Protestant ‘‘held for his own safety,’’ while at the same out against dictators and despots who oppress Christians in China. Mostly, believers belong time insisting that another boy is the true Pan- and brutalize their own people? to independent house churches. Purely on ac- chen Lama.

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 9920 E:\CR\FM\K06NO7.063 H06PT1 H10486 CONGRESSIONAL RECORD — HOUSE November 6, 2003 The Chinese government’s official ban on gets U.S. political and policy information, In 1994, two PRC nationals were indicted the Falun Gong movement, in 1999, has runs influence operations against Taiwan on computer fraud and fraud by wire in con- meant heightened government repression for and other political targets, attempts to pen- nection with the theft of $950,000 of propri- all religious organizations designated by the etrate the U.S. Government, and directs a etary computer source code developed by a growing number of covert science and tech- U.S. firm. The end-user of the code was a government as ‘‘cults.’’ According to Falun nology collection operations. Collection op- Chinese machinery import and export com- Gong practitioners, as many as 100,000 of erations from this civilian segment of the pany. Evidence collected in the investigation their members have been sent to labor camps PRC Intelligence Services are difficult to indicated that the two perpetrators had without trial. They claim that as many as 700 counter because the Chinese typically insist shopped the computer source code around for may have died as a result of police brutality that the physical transfer of documents or the best price. either while in prison or after their release. items take place in the PRC. PRC civilian Whether directed by one of its intelligence In largely Muslim Xinjiang, religious freedom intelligence officers in the U.S. direct part of services, manufacturing sectors or research is severely curtailed by the government, which their efforts toward developing as many institutes, the PRC threat to U.S. policy, in- indiscriminately links Muslim religious expres- Americans of Chinese ancestry into what the telligence, military, national security and PRC terms ‘‘patriotic Overseas Chinese.’’ sion with ‘‘separatist’’ or ‘‘terrorist’’ acts. The proprietary/economic information is grow- An example of the Ministry of State Secu- ing. In response to this expanding PRC indiscriminate repression of the Uighur people rity’s success in penetrating the U.S. Gov- threat, the FBI, in conjunction with the U.S. is best exemplified by the arrest and imprison- ernment was the Larry Wu-tai Chin case. Intelligence Community, continues to pur- ment of Rebiya Kadeer, a prominent Uighur Chin, a U.S. Government employee of 30 sue an aggressive and focused counterintel- businesswoman and activist, who was ar- years, was an actual agent of the Ministry of ligence program. State Security. While residing in the U.S. rested in 1999 after she met with a visiting Mr. HOEKSTRA. Mr. Chairman, will U.S. congressional delegation. Close super- and during his employment with the govern- ment, Chin provided information to the Min- the gentleman yield? vision of all mosques in the region by local istry of State Security for over 40 years. Mr. WOLF. I yield to the gentleman Communist Party officials is now common- Chin was arrested for espionage activities in from Michigan. place. 1985 and was subsequently convicted of those Mr. HOEKSTRA. I thank my col- China repeatedly engages in severe—sys- charges in 1986. Chin committed suicide prior league for yielding. tematic, egregious—violations of religious free- to being sentenced. Mr. Chairman, as the gentleman is dom. If our ideals and what America stands Like most countries operating intelligence worried about China and as the gen- for—both at home and abroad—are to mean services within the U.S., the PRC employs a tleman is also worried about FPI, I number of commonly-used collection tech- anything, then we must not shrink from this think it is fair to note that a number issue. We must not allow human consider- niques. Their intelligence services attempt to gain access to sensitive foreign facilities, of us have been with him on the issue ations to come secondary to the pursuit of try to meet individuals with access to classi- of China. I voted against PNTR, both trade. fied information, and attempt to photograph again for the jobs and because of the We must dare to speak out for those who military installations and equipment. How- persecution that is going on there and have no voice. ever, the PRC employs several non-tradi- because of their military intervention. Mr. WOLF. Mr. Chairman, over the last two tional methods and unlike most other coun- I believe that we need to protect weeks I have submitted testimony from var- tries, the PRC makes extensive use of non- American jobs here, both from the Chi- ious groups that I have been meeting with re- intelligence personnel. Consumers of intelligence such as China’s nese; and we need to allow those folks garding China’s continual abuse of human at least to have the opportunity to try rights. Whether it be restrictions on religious production facilities, laboratories and re- search institutes often bypass professional to keep their jobs if they are com- freedom; the persecution and arrest of Catho- intelligence services in favor of direct intel- peting against Federal Prison Indus- lics and Protestants; the use of barbaric labor ligence collection efforts. Opportunities to tries. We are going to make sure that camps; the continual victimization of members accomplish direct collection within the U.S. there is plenty of work and rehabilita- of the Falun Gong; or the abhorrent and coer- are facilitated through the very large num- tive services for those in our prisons. cive One-Child policy, China’s government ber of temporary visitors in private compa- Ms. JACKSON-LEE of Texas. Mr. continues to show nothing but contempt for its nies, academic institutions, and U.S. Govern- Chairman, I move to strike the req- citizens and the opinions of the rest of the ment facilities. A significant number of uisite number of words. world. these delegation members are science and Mr. Chairman, I came to this floor These offenses alone should be enough to technology experts, often characterized by earlier, and my opening remarks in condemn the government of China. However, their American hosts as aggressive and ex- tremely knowledgeable in their professional on top of these crimes the People’s Republic this debate were to acknowledge the fields. In many cases, Chinese-Americans hard work that had taken place in the of China poses a great and serious counter- employed by these entities and institutions intelligence threat to America, the extent of Committee on the Judiciary and our are sought out by members of the PRC dele- other committees on this particular which will, I have no doubt, concern our col- gations as persons who might be willing to leagues greatly. assist them. legislation. In fact, I had com- plemented the chairman and ranking AN UNCLASSIFIED REPORT FROM THE FBI ON THE In 1997, Peter Lee pleaded guilty to trans- PEOPLE’S REPUBLIC OF CHINA INTELLIGENCE mitting U.S. national defense information to member of the full committee and the COLLECTION EFFORTS the PRC. The consumer of Lee’s information chairman and ranking member of the The People’s Republic of China (PRC) poses was a PRC institute, not a traditional PRC subcommittee dealing with the Com- a significant counterintelligence threat to intelligence service. In 2002, a PRC national mittee on the Judiciary. I know other the United States (U.S.) via its cadre of pro- was arrested for attempting to steal propri- committees had jurisdiction as well, etary seismic-imaging software from a Sil- fessional intelligence officers who collect po- and I see a lot of my good friends from litical, military and economic intelligence, icon Valley company. This was the second unsuccessful attempt by an employee of a the Committee on Small Business, so I and its network of non-professional individ- know this is a very sensitive and emo- uals and organizations that collect science PRC based company to obtain this propri- and technology, high-tech and proprietary etary software within a span of five years. tional issue. I applaud the work and information completely outside the direction Later in 2002, two PRC nationals were in- compromise that has already taken and control of the PRC Intelligence Services. dicted for economic espionage related to place. The PRC’s professional military intel- their attempted theft of trade secrets from But I would like to have taken away ligence organization, the Military Intel- several Silicon Valley companies. These two the suggestion that any of us are try- ligence Department of the People’s Libera- individuals were subsequently linked to a ing to gut this bill, or to make frivo- PRC based high-technology research and de- tion Army (MID/PLA), also known as the lous the issues that are seen in this Second Department of the PLA (2PLA), re- velopment program. lies mainly on intelligence collection As the PRC’s varied presence in the U.S. bill. In fact, my good friend from through its military attaches. The PRC’s continues to grow, more PRC nationals find Michigan, I almost wish I could carve military seeks military, science and tech- themselves in positions of direct or indirect out for him a separate response to nology, and some political information access to items of intelligence interest to some of the very vital concerns that he through its contacts and agents. In 1987, PRC China. If they can find the right consumer, has mentioned. But I want to cite just military attache Hou Desheng was inter- PRC nationals involved in intelligence col- an example, because I have heard a line lection may be in a position to profit from dicted by FBI Special Agents in Washington, of reasoning dealing with this whole D.C. while receiving and paying for classified their services. These individuals do not oper- U.S. Government information. ate under the direction or control of either question of trade agreements, that we The PRC’s professional civilian intel- the military or civilian PRC intelligence are mired down in trade agreements, ligence, the Ministry of State Security, tar- services. and that may be another issue.

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.011 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10487 But I do want to cite a figure, and I to study the overall impact, negative at which a Federal Prison Industries workshop am saddened by this number. We have impact of this legislation. I support the is scheduled to perform the contract; lost 600,000 textile jobs over the last 10 Green amendment, and I ask that my ‘‘(B) supported by specific findings by Federal Prison Industries regarding why it does not ex- years; but as we stand here today, only colleagues support it. pect to win the contract on a competitive basis; 7,000 inmates are doing anything deal- The CHAIRMAN pro tempore (Mr. and ing with the issue of the loss of textile SHIMKUS). The question is on the ‘‘(C) made and reported in the same manner jobs. Only 7,000 of them are doing tex- amendment in the nature of a sub- as a determination made pursuant to section tile work, but we have lost 600,000 jobs. stitute offered by the gentleman from 303(c)(7) of the Federal Property and Adminis- I raise this point to suggest that the Wisconsin (Mr. GREEN). trative Services Act of 1949 (41 U.S.C. 253(c)(7)). amendment offered by the gentleman ‘‘(6) If the Attorney General has not made the The amendment in the nature of a determination described in paragraph (3) within from Wisconsin (Mr. GREEN) makes substitute was rejected. 30 days after Federal Prison Industries has been sense because what it is saying is it is The CHAIRMAN pro tempore. Are informed of a contracting opportunity by a pro- not trying to be another study. The there further amendments to section 1? curement activity, the procurement activity may Green amendment specifically directs If not, the Clerk will designate sec- proceed to conduct a procurement for the prod- itself to the language of this bill, ask- tion 2. uct or service in accordance with the procedures ing for the study on the impact of this The text of section 2 is as follows: generally applicable to such procurements by legislation. the procurement activity. SEC. 2. GOVERNMENTWIDE PROCUREMENT POL- ‘‘(7) A contract award may be made to Federal b 1330 ICY RELATING TO PURCHASES FROM Prison Industries using other than competitive FEDERAL PRISON INDUSTRIES. procedures if such product or service is only What will happen as we drastically Section 4124 of title 18, United States Code, is available from Federal Prison Industries and modify prison industries? So we cannot amended to read as follows: the contract may be awarded under the author- compare apples and oranges. Frankly, ‘‘§ 4124. Governmentwide procurement policy ity of section 2304(c)(1) of title 10 or section we have the data that suggests that relating to purchases from Federal Prison 303(c) of the Federal Property and Administra- this Nation has lost 600,000 textile jobs. Industries tive Services Act of 1949 (41 U.S.C. 252(c)(1)), as My friends in the South have told me ‘‘(a) IN GENERAL.—Purchases from Federal may be applicable, and pursuant to the jus- that this is an anguish with them. But Prison Industries, Incorporated, a wholly owned tification and approval requirements relating to of those 600,000, even if it is included, Government corporation, as referred to in sec- such noncompetitive procurements specified by we know that there are 7,000 inmates tion 9101(3)(E) of title 31, may be made by a law and the Governmentwide Federal Acquisi- Federal department or agency only in accord- tion Regulation. doing something with textiles. This ‘‘(c) OFFERS FROM FEDERAL PRISON INDUS- amendment asks to look at these ance with this section. ‘‘(b) SOLICITATION AND EVALUATION OF OF- TRIES.—A timely offer received from Federal issues along with safety and manage- FERS AND CONTRACT AWARDS.—(1) If a procure- Prison Industries to furnish a product or service ment and other issues. ment activity of a Federal department or agency to a Federal department or agency shall be con- But, Mr. Chairman, I want to get to has a requirement for a specific product or serv- sidered for award without limitation as to the the heart of the matter, and that is ice that is authorized to be offered for sale by dollar value of the proposed purchase. who is in these prisons. When I walked Federal Prison Industries, in accordance with ‘‘(d) PERFORMANCE BY FEDERAL PRISON IN- through the Federal prison in Beau- section 4122 of this title, and is listed in the DUSTRIES.—Federal Prison Industries shall per- form its contractual obligations under a con- mont just a few months ago, recog- catalog referred to in subsection (g), the pro- curement activity shall solicit an offer from Fed- tract awarded by a Federal department or agen- nizing many of my constituents, seeing cy to the same extent as any other contractor. people who were both remorseful but, eral Prison Industries, if the purchase is ex- pected to be in excess of the micro-purchase ‘‘(e) FINALITY OF CONTRACTING OFFICER’S DE- as well, certainly had a number of threshold (as defined by section 32(f) of the Of- CISION.—(1) A decision by a contracting officer other bases for their presence there, fice of Federal Procurement Policy Act (41 regarding the award of a contract to Federal many nonviolent offenders, all of them U.S.C. 428(f))). Prison Industries or relating to the performance desiring another life, all of them desir- ‘‘(2) A contract award for such product or of such contract shall be final, unless reversed service shall be made using competitive proce- on appeal pursuant to paragraph (2) or (3). ing to get out to be with their families ‘‘(2) The Chief Executive Officer of Federal dures in accordance with the applicable evalua- and to be a provider. In this instance, Prison Industries may appeal to the head of a tion factors, unless a determination is made by all of them were men. And the idleness, Federal department or agency a decision by a the Attorney General pursuant to paragraph (3) Mr. Chairman, was tragic. It was abso- contracting officer not to award a contract to or an award using other than competitive proce- lutely tragic. They were begging for Federal Prison Industries pursuant to sub- dures is authorized pursuant to paragraph (7). section (b)(4). The decision of the head of a Fed- things to do. They were standing in ‘‘(3) The procurement activity shall negotiate eral department or agency on appeal shall be line to do kitchen duty. There were not with Federal Prison Industries on a noncompeti- enough hours for them to do this kind final. tive basis for the award of a contract if the At- ‘‘(3) A dispute between Federal Prison Indus- of work. And if my colleagues have not torney General determines that— tries and a procurement activity regarding per- visited, I would ask my colleagues to ‘‘(A) Federal Prison Industries cannot reason- formance of a contract shall be subject to— take some time to realize that lives ably expect fair consideration to receive the con- ‘‘(A) alternative means of dispute resolution may have gone awry and astray but, tract award on a competitive basis; and pursuant to subchapter IV of chapter 5 of title frankly, these are Americans who want ‘‘(B) the contract award is necessary to main- 5; or to have their lives rehabilitated. tain work opportunities otherwise unavailable ‘‘(B) final resolution by the board of contract at the penal or correctional facility at which the appeals having jurisdiction over the procure- The real tragedy of those incarcer- contract is to be performed to prevent cir- ated, and in this instance I speak to ment activity’s contract performance disputes cumstances that could reasonably be expected to pursuant to the Contract Disputes Act of 1978 those having perpetrated nonviolent significantly endanger the safe and effective ad- (41 U.S.C. 601 et seq.). crimes, and there are many who are ministration of such facility. ‘‘(f) REPORTING OF PURCHASES.—Each Federal looking for a better life who, unfortu- ‘‘(4) Except in the case of an award to be department or agency shall report purchases nately, perpetrated a violent crime, is made pursuant to paragraph (3), a contract from Federal Prison Industries to the Federal their family members. Those dollars award shall be made with Federal Prison Indus- Procurement Data System (as referred to in sec- that they gain, Mr. Chairman, from tries only if the contracting officer for the pro- tion 6(d)(4) of the Office of Federal Procurement being in a prison industry go home to curement activity determines that— Policy Act (41 U.S.C. 405(d)(4))) in the same ‘‘(A) the specific product or service to be fur- support those children, that elderly manner as it reports to such System any acquisi- nished will meet the requirements of the pro- tion in an amount in excess of the simplified ac- parent, or maybe even that spouse. And curement activity (including any applicable quisition threshold (as defined by section 4(11) if anyone wants to tell a tale of woe prequalification requirements and all specified of the Office of Federal Procurement Policy Act that we document in our high schools commercial or governmental standards per- (41 U.S.C. 403(11))). today, in our schools today, the child taining to quality, testing, safety, serviceability, ‘‘(g) CATALOG OF PRODUCTS.—Federal Prison who is performing poorly, the child and warranties); Industries shall publish and maintain a catalog who seems to always get in trouble, the ‘‘(B) timely performance of the contract can of all specific products and services that it is au- child who seems distressed and dis- be reasonably expected; and thorized to offer for sale. Such catalog shall be ‘‘(C) the contract price does not exceed a cur- turbed, one can be assured that, in periodically revised as products and services are rent market price. added or deleted by its board of directors (in ac- many instances, it is the child of an in- ‘‘(5) A determination by the Attorney General cordance with section 4122(b) of this title). carcerated parent. pursuant to paragraph (3) shall be— ‘‘(h) COMPLIANCE WITH STANDARDS.—Federal Mr. Chairman, it is time now that we ‘‘(A) supported by specific findings by the Prison Industries shall comply with Federal oc- support an initiative that will allow us warden of the penal or correctional institution cupational, health, and safety standards with

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 6333 E:\CR\FM\K06NO7.050 H06PT1 H10488 CONGRESSIONAL RECORD — HOUSE November 6, 2003 respect to the operation of its industrial oper- gated that specifically allowed the With specifications written for prod- ations.’’. Federal Prison Industry to compete for ucts the FPI has experience and econ- AMENDMENT NO. 1 OFFERED BY MR. TOOMEY small business set-asides within DOD. omy of scale in making, of course, they Mr. TOOMEY. Mr. Chairman, I offer My amendment would correct this will undercut the small businesses and an amendment. error with respect to DOD, but it also win such an unfair competition. A The CHAIRMAN. The Clerk will des- would apply to the other Federal agen- small business cannot survive by buy- ignate the amendment. cies, and it is based on a simple ing in on a contract at a loss, but the The text of the amendment is as fol- premise: that small business set-asides FPI could do business indefinitely by lows: should in fact be for small businesses, using such a strategy. Amendment No. 1 offered by Mr. TOOMEY: not for the FPI. It is tough enough for The final irony of all this is that the Page 7, line 17, strike the period and insert small businesses to compete against administration is valiantly trying to the following: ‘‘, unless the contract oppor- large businesses. I do not think they increase opportunities for small busi- tunity has been reserved for competition ex- should have to compete against the nesses by unbundling large procure- clusively among small business concerns Federal Prison Industry. This is a good ments and giving them a chance to win pursuant to section 15(a) of the Small Busi- bill. a contract of a size they can handle. ness Act (15 U.S.C. 644(a)) and its imple- Turning around and letting the FPI get menting regulations.’’. Mr. SENSENBRENNER. Mr. Chair- man, will the gentleman yield? into the small business-sized contracts Mr. TOOMEY. Mr. Chairman, it Mr. TOOMEY. I yield to the gen- would negate whatever progress we seems to me we have had considerable tleman from Wisconsin. would be making on that front, and we debate about the substance of this bill Mr. SENSENBRENNER. Mr. Chair- would end up right where we started. I today, and there is substantial evi- man, I thank the gentleman for yield- would remind my colleagues that the dence that the mandatory source sta- ing. This is a good bill and this is also government has not obtained its 23 per- tus that is enjoyed by FPI is a policy a good amendment, and I am pleased to cent goal for contracting with small that is harmful to a variety of Amer- support it. businesses for several years. ican industries and workers, including Mr. TOOMEY. Mr. Chairman, re- With a workforce of over 20,000, FPI the furniture manufacturers and the claiming my time, I appreciate the is a large business, and FPI should be garment-makers in my district. The support of the Chairman. I appreciate competing with other large contrac- core objective of this bill is to elimi- the support of the author of the bill. I tors. Let us keep them out of the sort nate the status, the FPI status as a urge my colleagues to support the of procurements we set aside for mom- mandatory source supplier and, there- amendment and the underlying bill. and-pop small businesses. by, require the FPI to compete for Fed- Mr. MCCOTTER. Mr. Chairman, I I do not want to be holding hearings eral contracts rather than have the op- move to strike the last word. investigating why the FPI is winning portunity to simply claim them. I am a I too agree that the Toomey amend- one small business set-aside after the cosponsor of this bill, and I applaud ment is a good addition to this bill. other. Let us solve this problem once this effort and I support the bill. Business spends what it makes, govern- and for all and support the Toomey What my amendment would do would ment spends what it takes, and govern- amendment. further define the FPI’s role in com- ment should not take taxpayers’ The CHAIRMAN pro tempore. The peting with private sector small busi- money and go into business against question is on the amendment offered nesses. Specifically, my amendment them and put these hardworking, tax- by the gentleman from Pennsylvania would prohibit the FPI from bidding on paying Americans out of business. The (Mr. TOOMEY). any contracts that are intended to be Toomey amendment will help curb this The amendment was agreed to. exclusively set aside for small business repugnant practice of harming our AMENDMENT OFFERED BY MR. SMITH OF concerns. small businesses. MICHIGAN This Congress and many Congresses Of course, rehabilitation of prisoners Mr. SMITH of Michigan. Mr. Chair- before us have established, for a vari- is a worthy goal, but rehabilitation is man, I offer an amendment. ety of reasons, that a certain percent- not the exclusive aim of incarceration. The Clerk read as follows: age of Federal Government procure- After all, Dostoevsky did not write Amendment offered by Mr. SMITH of Michi- ments should be made through small Crime and Rehabilitation. Thus, we gan: Page 7, after line 12, insert the following: businesses, and we call those small must now write and pass a law to stop (8) A contract award may be made to Fed- businesses set-asides. The whole idea government from rehabilitating pris- eral Prison Industries using other than com- has always been to ensure that small oners by punishing productive Ameri- petitive procedures by the Federal Bureau of businesses, mom-and-pops, local people cans. So I urge support of the Toomey Prisons. struggling, in all of our districts and in amendment. Mr. SMITH of Michigan. Mr. Chair- all of our communities, to get a busi- Mr. MANZULLO. Mr. Chairman, I man, part of our goal is to keep pris- ness off the ground and to employ some move to strike the requisite number of oners working, especially if they are people, that they get a shot at some of words. working to take care of themselves. the business that their tax dollars pay Mr. Chairman, I rise in strong sup- This amendment simply provides that for. port of the Toomey amendment. The the law would stay as it is now for the It seems abundantly obvious to me amendment offered by my good friend Federal Bureau of Prisons. The Federal that the Federal Prison Industry does and Committee on Small Business sub- Prison System, should have prisoners not in any way qualify as a small busi- committee chairman makes perfect in prison industries produce the prod- ness nor fit the descriptions that most sense. The amount of competition that ucts they need. of us have in mind when we think the FPI would bring against small I chaired the Department of Correc- about small businesses. With $500 bil- business in set-aside procurements goes tions budget in the State of Michigan lion in annual sales, with 20,000 em- against the very intention of having a for years, and in terms of the gen- ployees, with this network within the small business set-aside in the first tleman from Michigan’s (Mr. HOEK- Federal penitentiaries in America, that place. Common sense tells us that the STRA) idea that we should have com- is not what we mean when we talk small businesses will have to unfairly petitive bids, that is what we have about small business. It was never the lower their prices to match the levels done in Michigan. I mean the prison in- intent of Congress that the Federal that the FPI can offer. dustry competes with the private sec- Prison Industry should be able to com- Also, knowing how Federal procure- tor. If they cannot beat the bid, or the pete for the contracts that are in- ment works, I can predict that con- quality of the product, they do not get tended to be set aside for small busi- tracting officers will tailor their acqui- the bid. nesses. sitions in such a way as to guarantee But what is happening in the State of Yet, last year, when we repealed the that FPI will win when that is the out- Michigan is that our prison industries mandatory source status for the FPI come the contracting office wants, is still making a great deal of money. with respect to DOD procurements, un- even though they may still carry it out The incentive has been there to be pro- fortunately, regulations were promul- under a small business set-aside. ductive; and, in terms of recidivism,

VerDate jul 14 2003 04:43 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.013 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10489 there has been a greater interest by ‘‘(4) A decision to authorize Federal Prison ‘‘(II) the service to be furnished is to be per- these workers to do a better job. That Industries to offer a new specific product or spe- formed by inmate workers. means they are more likely to get a job cific service or to expand the production of an ‘‘(ii) The board of directors may not approve a proposal to authorize the production and sale on the outside. We instigated provi- existing product or service shall be made by its board of directors in conformance with the re- of a new prison-made product or to expand pro- sions in Michigan that prisoners have quirements of subsections (b), (c), (d), and (e) of duction of a currently authorized product if the to pass drug tests before they are even section 553 of title 5, and this chapter. product is— allowed to work. So working has be- ‘‘(5)(A) Whenever Federal Prison Industries ‘‘(I) produced in the private sector by an in- come a privilege. It gives them an ad- proposes to offer for sale a new specific product dustry which has reflected during the previous vantage over other prisoners. That is or specific service or to expand production of a year an unemployment rate above the national what we should seek to do in our fed- currently authorized product or service, the average; or Chief Operating Officer of Federal Prison In- ‘‘(II) an import-sensitive product. eral system. ‘‘(iii) The board of directors may not approve In fact, when I first went into the dustries shall submit an appropriate proposal to the board of directors and obtain the board’s ap- a proposal for inmates to provide a service in Michigan legislature, the prisoners pro- proval before initiating any such expansion. which an inmate worker has access to— duced farm products. They produced The proposal submitted to the board shall in- ‘‘(I) personal or financial information about the fruits and the vegetables and the clude a detailed analysis of the probable impact individual private citizens, including informa- milk and the butter and they did main- of the proposed expansion of sales within the tion relating to such person’s real property, tenance as well as prison industries Federal market by Federal Prison Industries on however described, without giving prior notice sales. It reduced the cost to State gov- private sector firms and their non-inmate work- to such persons or class of persons to the great- est extent practicable; ernment of taking care of those pris- ers. ‘‘(B)(i) The analysis required by subpara- ‘‘(II) geographic data regarding the location oners, and that is the way it should be graph (A) shall be performed by an interagency of surface and subsurface infrastructure pro- at the federal level. team on a reimbursable basis or by a private viding communications, water and electrical Mr. SENSENBRENNER. Mr. Chair- contractor paid by Federal Prison Industries. power distribution, pipelines for the distribution man, will the gentleman yield? ‘‘(ii) If the analysis is to be performed by an of natural gas, bulk petroleum products and Mr. SMITH of Michigan. I yield to interagency team, such team shall be led by the other commodities, and other utilities; or the gentleman from Wisconsin. Administrator of the Small Business Administra- ‘‘(III) data that is classified. Mr. SENSENBRENNER. Mr. Chair- tion or the designee of such officer with rep- ‘‘(iv)(I) Federal Prison Industries is prohibited resentatives of the Department of Labor, the De- from furnishing through inmate labor construc- man, I thank the gentleman for yield- tion services, unless to be performed within a ing. partment of Commerce, and the Federal Pro- curement Data Center. Federal correctional institution pursuant to the Let me just make it clear that what ‘‘(iii) If the analysis is to be performed by a participation of an inmate in an apprenticeship the gentleman is proposing is that Fed- private contractor, the selection of the con- or other vocational education program teaching eral Prison Industries can have a man- tractor and the administration of the contract the skills of the various building trades. datory source contract for procure- shall be conducted by one of the entities ref- ‘‘(II) For purposes of this clause, the term ment by the Bureau of Prisons. In erenced in clause (ii) as an independent execu- ‘construction’ has the meaning given such term tive agent for the board of directors. Maximum by section 2.101 of the Federal Acquisition Regu- other words, what is used in the prisons lation (48 C.F.R. part 2.101), as in effect on June can be made by FPI on a mandatory consideration shall be given to any proposed statement of work furnished by the Chief Oper- 1, 2002, including the repair, alteration, or source contract. Am I correct in that ating Officer of Federal Prison Industries. maintenance of real property in being. impression? ‘‘(C) The analysis required by subparagraph ‘‘(6) To provide further opportunities for par- Mr. SMITH of Michigan. Mr. Chair- (A) shall identify and consider— ticipation by interested parties, the board of di- man, the gentleman is correct on that. ‘‘(i) the number of vendors that currently meet rectors shall— Actually, ‘‘may’’ is the exact language the requirements of the Federal Government for ‘‘(A) give additional notice of a proposal to of the amendment. So it is a decision of the specific product or specific service; authorize the production and sale of a new ‘‘(ii) the proportion of the Federal Govern- product or service, or expand the production of the Federal Prison System whether a currently authorized product or service, in a they do the sole source contracting for ment market for the specific product or specific service currently furnished by small businesses publication designed to most effectively provide their own use. So it still leaves flexi- during the previous 3 fiscal years; notice to private vendors and labor unions rep- bility, but it allows the prison system ‘‘(iii) the share of the Federal market for the resenting private sector workers who could rea- to require prisoners to make more of specific product or specific service projected for sonably be expected to be affected by approval the things that are going to be required Federal Prison Industries for the fiscal year in of the proposal, which notice shall offer to fur- by the Bureau of Prisons. which production or performance will commence nish copies of the analysis required by para- Mr. SENSENBRENNER. Mr. Chair- or expand and the subsequent 4 fiscal years; graph (5) and shall solicit comment on the anal- ysis; man, will the gentleman yield? ‘‘(iv) whether the industry producing the spe- cific product or specific service in the private ‘‘(B) solicit comments on the analysis required Mr. SMITH of Michigan. I yield to sector— by paragraph (5) from trade associations rep- the gentleman from Wisconsin. ‘‘(I) has an unemployment rate higher than resenting vendors and labor unions representing Mr. SENSENBRENNER. Mr. Chair- the national average; or private sector workers who could reasonably be man, with that understanding, I am ‘‘(II) has a rate of unemployment for workers expected to be affected by approval of the pro- happy to support the amendment. I be- that has consistently shown an increase during posal to authorize the production and sale of a lieve it makes a significant improve- the previous 5 years; new product or service (or expand the produc- ment to the bill. ‘‘(v) whether the specific product is an import- tion of a currently authorized product or serv- ice); and Mr. SMITH of Michigan. Mr. Chair- sensitive product; ‘‘(vi) the requirements of the Federal Govern- ‘‘(C) afford an opportunity, on request, for a man, I thank the gentleman for sup- ment and the demands of entities other than the representative of an established trade associa- porting the amendment. Federal Government for the specific product or tion, labor union, or other private sector rep- The CHAIRMAN pro tempore. The service during the previous 3 fiscal years; resentatives to present comments on the pro- question is on the amendment offered ‘‘(vii) the projected growth or decline in the posal directly to the board of directors. by the gentleman from Michigan (Mr. demand of the Federal Government for the spe- ‘‘(7) The board of directors shall be provided SMITH). cific product or specific service; copies of all comments received on the expansion The amendment was agreed to. ‘‘(viii) the capability of the projected demand proposal. ‘‘(8) Based on the comments received on the The CHAIRMAN pro tempore. Are of the Federal Government for the specific prod- uct or service to sustain both Federal Prison In- initial expansion proposal, the Chief Operating there further amendments to section 2? dustries and private vendors; and Officer of Federal Prison Industries may provide If not, the Clerk will designate sec- ‘‘(ix) whether authorizing the production of the board of directors a revised expansion pro- tion 3. the new product or performance of a new service posal. If such revised proposal provides for ex- The text of section 3 is as follows: will provide inmates with the maximum oppor- pansion of inmate work opportunities in an in- SEC. 3. PUBLIC PARTICIPATION REGARDING EX- tunity to acquire knowledge and skill in trades dustry different from that initially proposed, PANSION PROPOSALS BY FEDERAL and occupations that will provide them with a such revised proposal shall reflect the analysis PRISON INDUSTRIES. means of earning a livelihood upon release. required by paragraph (5)(C) and be subject to Section 4122(b) of title 18, United States Code, ‘‘(D)(i) The board of directors may not ap- the public comment requirements of paragraph is amended— prove a proposal to authorize the production (6). (1) by redesignating paragraph (6) as para- and sale of a new specific product or continued ‘‘(9) The board of directors shall consider a graph (12); and sale of a previously authorized product unless— proposal to authorize the sale of a new specific (2) by striking paragraphs (4) and (5) and in- ‘‘(I) the product to be furnished is a prison- product or specific service (or to expand the vol- serting the following new paragraphs: made product; or ume of sales for a currently authorized product

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 6333 E:\CR\FM\K06NO7.057 H06PT1 H10490 CONGRESSIONAL RECORD — HOUSE November 6, 2003 or service) and take any action with respect to base period, the total dollar value of sales to the The text of the amendment is as fol- such proposal, during a meeting that is open to Government made pursuant to subsection (b) lows: the public, unless closed pursuant to section and subsection (c) of this section shall not ex- Amendment No. 4 offered by Mr. SCOTT of 552(b) of title 5. ceed— Virginia: ‘‘(10) In conformity with the requirements of (A) 90 percent in fiscal year 2005; paragraphs (5) through (9) of this subsection, (B) 85 percent in fiscal year 2006; Page 17, strike line 16 and all that follows the board of directors may— (C) 70 percent in fiscal year 2007; through page 18, line 19. ‘‘(A) authorize the donation of products pro- (D) 55 percent in fiscal year 2008; and Page 18, line 20, strike ‘‘(2)’’ and insert duced or services furnished by Federal indus- (E) 40 percent in fiscal year 2009. ‘‘(b)’’ (and align the margin with subsection tries and available for sale; (2) SALES WITHIN VARIOUS BUSINESS SECTORS.— (a) and redesignate subsequent subsections ‘‘(B) authorize the production of a new spe- Use of the authority provided by subsections (b) accordingly). cific product or the furnishing of a new specific and (c) shall not result in sales by Federal Pris- Page 19, lines 7 and 8, strike ‘‘subsection service for donation; or on Industries to the Government that are in ex- (b) and subsection (c) of’’. ‘‘(C) authorize a proposal to expand produc- cess of its total sales during the base year for Page 19, lines 15 and 16, and lines 21 and 22, tion of a currently authorized specific product each business sector. strike ‘‘subsections (b) and (c)’’ and insert or specific service in an amount in excess of a (3) LIMITATIONS RELATING TO SPECIFIC PROD- ‘‘this section’’. reasonable share of the market for such product UCTS.—Use of the authorities provided by sub- Page 20, line 7, strike ‘‘preferential’’. or service, if— sections (b) and (c) shall not result in contract Page 20, line 8, strike ‘‘subsection (b)’’ and ‘‘(i) a Federal agency or department, pur- awards to Federal Prison Industries that are in insert ‘‘this section’’. chasing such product or service, has requested excess of its total sales during the base period Mr. SCOTT of Virginia. Mr. Chair- that Federal Prison Industries be authorized to for such product. man, this is a ‘‘truth-in-legislating’’ furnish such product or service in amounts that (4) CHANGES IN DESIGN SPECIFICATIONS.—The amendment. We have been told that are needed by such agency or department; or limitations on sales specified in paragraphs (2) ‘‘(ii) the proposal is justified for other good and (3) shall not be affected by any increases in the underlying bill phases out manda- cause and supported by at least eight members the unit cost of production of a specific product tory source. This amendment would ac- of the board.’’. arising from changes in the design specification tually provide for a 5-year phaseout of The CHAIRMAN pro tempore. Are of such product directed by the buying agency. the mandatory source law, which is there any amendments to section 3? (f) DURATION OF AUTHORITY.—The pref- what the proponents say the bill does. If not, the Clerk will designate sec- erential contracting authorities authorized by Unfortunately, the bill, in fact, imme- tion 4. subsection (b) may not be used on or after Octo- diately eliminates the mandatory The text of section 4 is as follows: ber 1, 2009, and become effective on the effective source program and replaces it with an date of the final regulations issued pursuant to SEC. 4. TRANSITIONAL MANDATORY SOURCE AU- agency preference program where an THORITY. section 18. (g) DEFINITIONS.—For the purposes of this sec- agency may be required to make a pur- (a) IN GENERAL.—Notwithstanding the re- chase or may not, and there is no way quirements of section 4124 of title 18, United tion— (1) the term ‘‘base period’’ means the total States Code (as amended by section 2 of this to know whether it will actually re- sales of Federal Prison Industries during the pe- Act), a Federal department or agency having a place the number of jobs without sig- riod October 1, 2001, and September 30, 2002 requirement for a product that is authorized for nificant erosion of the program. After (Fiscal Year 2002); sale by Federal Prison Industries and is listed in the 5 years, agencies under the bill do (2) the term ‘‘business sectors’’ means the its catalog (referred to in section 4124(g) of title eight product/service business groups identified not even have to go through a pref- 18, United States Code) shall first solicit an offer in the 2002 Federal Prison Industries annual re- erence process, and if one reads the from Federal Prison Industries and make pur- port as the Clothing and Textiles Business language left after my amendment chases on a noncompetitive basis in accordance Group, the Electronics Business Group, the strikes out the agency preference pro- with this section. (b) PREFERENTIAL SOURCE STATUS.—Subject to Fleet Management and Vehicular Components gram, we still have the bill, but with a the limitations of subsection (d), a contract Business Group, the Graphics Business Group, 5-year phaseout of the mandatory award shall be made on a noncompetitive basis the Industrial Products Business Group, the Of- source rule now in effect. to Federal Prison Industries if the contracting fice Furniture Business Group, the Recycling Now, if anybody believes that there Activities Business Group, and the Services officer for the procurement activity determines is a 5-year phaseout of the current that— Business Group; and (3) the term ‘‘fair and reasonable price’’ shall mandatory source rule under the bill, (1) the product offered by Federal Prison In- rather than an immediate elimination, dustries will meet the requirements of the pro- be given the same meaning as, and be deter- curement activity (including commercial or gov- mined pursuant to, part 15.8 of the Federal Ac- just read the bill. Page 4 of the bill, ernmental standards or specifications pertaining quisition Regulation (48 C.F.R. 15.8). starting on line 20, says ‘‘agencies shall to design, performance, testing, safety, service- (h) FINDING BY ATTORNEY GENERAL WITH RE- solicit an offer’’ from FPI. Nothing ability, and warranties as may be imposed upon SPECT TO PUBLIC SAFETY.—(1) Not later than 60 wrong with that. a private sector supplier of the type being of- days prior to the end of each fiscal year speci- fered by Federal Prison Industries); fied in subsection (e)(1), the Attorney General b 1345 (2) timely performance of the contract by Fed- shall make a finding regarding the effects of the percentage limitation imposed by such sub- But note that the words no longer re- eral Prison Industries can be reasonably ex- quire a purchase, which is the current pected; and section for such fiscal year and the likely effects (3) the negotiated price does not exceed a fair of the limitation imposed by such subsection for mandatory source law. and reasonable price. the following fiscal year. Proponents of the bill would have (c) CONTRACTUAL TERMS.—The terms and con- (2) The Attorney General’s finding shall in- you believe that the public wants agen- ditions of the contract and the price to be paid clude a determination whether such limitation cy bureaucrats to have the option of to Federal Prison Industries shall be determined has resulted or is likely to result in a substantial buying furniture or office supplies with by negotiation between Federal Prison Indus- reduction in inmate industrial employment and all the bells and whistles and all the whether such reductions, if any, present a sig- tries and the Federal agency making the pur- colors, shapes, and sizes that the pri- chase. The negotiated price shall not exceed a nificant risk of adverse effects on safe prison op- fair and reasonable price determined in accord- eration or public safety. vate sector can muster, rather than ance with the procedures of the Federal Acquisi- (3) If the Attorney General finds a significant having them promoting the proven tion Regulation. risk of adverse effects on either safe prison man- public policy of promoting meaningful (d) PERFORMANCE OF CONTRACTUAL OBLIGA- agement or public safety, he shall so advise the work experience for inmates, most of TIONS.— Congress. whom would not be imprisoned in the (1) IN GENERAL.—Federal Prison Industries (4) In advising the Congress pursuant to para- first place if they had the work place graph (3), the Attorney General shall make rec- shall perform the obligations of the contract ne- skills and knew how to hold down a gotiated pursuant to subsection (c). ommendations for additional authorizations of (2) PERFORMANCE DISPUTES.—If the head of appropriations to provide additional alternative job. the contracting activity and the Chief Operating inmate rehabilitative opportunities and addi- Now, FPI was created in 1934. And Officer of Federal Prison Industries are unable tional correctional staffing, as may be appro- the point of the 1934 law was, as a mat- to resolve a contract performance dispute to priate. ter of sound public policy, that we their mutual satisfaction, such dispute shall be AMENDMENT NO. 4 OFFERED BY MR. SCOTT OF should carve out a little minuscule por- resolved pursuant to section 4124(e)(3) of title 18, VIRGINIA tion of Federal agency purchases to United States Code (as added by section 2 of this Mr. SCOTT of Virginia. Mr. Chair- provide marketable work skills and Act). (e) LIMITATIONS ON USE OF AUTHORITY.— man, I offer an amendment. productivity to prisoners so that they (1) IN GENERAL.—As a percentage of the sales The CHAIRMAN. The Clerk will des- will be productively occupied while in made by Federal Prison Industries during the ignate the amendment. prison and be able to get a job when

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.016 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10491 they get out. Now, this program has from eliminating the FPI mandatory ing forward that talk about donation been shown that it works. Not only has source provision. This will provide a programs, that say that we want the it shown that inmates who participate meaningful transition. And I would inmates to be making things for in FPI are significantly more likely to hope that we would adopt the amend- daycare centers, for homeless shelters, find productive employment, but they ment. for drug rehab clinics. All of us know have shown that they are 24 percent Mr. SENSENBRENNER. Mr. Chair- in every one of our districts there are less likely to commit a new crime upon man, I rise in opposition to the amend- very worthy facilities that provide release. That means 24 percent fewer ment. services to people in great need, and victims. Mr. Chairman, this amendment puts they do not have enough of a budget to The program and developers are the fox back to guarding the chicken buy what they need. Let us give them aware that inmates constitute the coop, at least during the phase-out pe- the furniture. Let us give them the least educated, least disciplined, least riod in this legislation, and it is an- clothing. Let us give them the drapery. trained, least skilled, and least produc- other attempt to buy time. The way it Let us give them the other things that tive workforce around. The program re- does it is to eliminate the competitive can be made. quires an emphasis on manual work to procedures that are in section 4 of the The issue is not whether or not the employ as many people as possible. bill, which is the transitional manda- prisoners should be engaged in rehabili- And as a result of all of those factors, tory source authority. tative work; it is whether rehabilita- the FPI estimates that it takes four in- Now, what section 4 of the bill does, tive work should be financed by the mates to do the work of one properly what the amendment of the gentleman whole society or whether it should be trained private sector employee. from Virginia (Mr. SCOTT) tries to financed by competing with the most That is clearly not the intent of the eliminate is to phase out FPI’s depend- economically vulnerable sectors of our developers of the program to have in- ence upon the narcotic of mandatory society. The bill says the former; the mates compete with the private sector, source procurement. And it eliminates opposition to the bill and the amend- or that inmates be prevented from the requirements that, during the ment essentially say the latter. doing any work that could be done by phase-out of mandatory source for all The amendment says a while longer, the private sector. In 1934, any FPI products still being provided under this a vote against the bill says never, but work could have been done by the pri- authority, that FPI provides a product they came to the same result. vate sector, and that is still the case that meets the agency’s specific needs The CHAIRMAN pro tempore (Mr. today. in a timely manner and at a fair price. SHIMKUS). The question is on the The whole of the FPI revenues con- So the adoption of the Scott amend- amendment offered by the gentleman stitute less than one-quarter of 1 per- ment would mean that FPI decides from Virginia (Mr. SCOTT). cent of Federal agency purchasing. And what the agencies need, not the agen- The amendment was rejected. with the entire private sector market cies themselves; and the FPI decides AMENDMENT OFFERED BY MRS. MALONEY and 99.75 percent of the Federal mar- when the agencies need the goods, not Mrs. MALONEY. Mr. Chairman, I ket, spreading the remaining one-quar- the agencies themselves; and FPI de- offer an amendment. ter of 1 percent of the Federal market cides that the price is fair, not the The Clerk read as follows: over the entire private business sector agencies themselves. And there is not Amendment offered by Mrs. MALONEY: is not likely to create any new jobs. So any competition at all when FPI Page 22, insert after line 3 the following: it would simply be absorbed in the ex- makes all of these decisions. This basi- (i) PROCEDURAL REQUIREMENTS FOR CIVIL- isting workforce. cally is another stall that rolls back IAN AGENCIES RELATING TO PRODUCTS OF FED- On the other hand, almost 80 percent the changes in the bill and leaves the ERAL PRISON INDUSTRIES.—Title III of the of the revenues that FPI takes in goes Federal Property and Administrative Serv- decision on whether to grant a waiver ices Act of 1949 (41 U.S.C. 251 et seq.) is back to purchase raw materials and allow competitive sourcing to the amended by adding at the end the following through the Federal procurement proc- FPI rather than the buying agency. new section: ess and a subcontractor with private It is time we get the fox away from ‘‘SEC. 318. PRODUCTS OF FEDERAL PRISON IN- sector businesses producing FPI prod- this chicken coop because the tax- DUSTRIES: PROCEDURAL REQUIRE- ucts for agencies. Now there are hun- payers are going to end up much fur- MENTS. dreds of these businesses. They hire ther ahead and the agencies are going ‘‘(a) MARKET RESEARCH.—Before pur- thousands of workers. Over 60 percent to get better goods in a more timely chasing a product listed in the latest edition of the Federal Prison Industries catalog of them are small, minority, women- manner without the amendment and under section 4124(d) of title 18, United owned or disadvantaged businesses, and with the bill as written. States Code, the head of an executive agency for many of them FPI is their only cli- Mr. Chairman, I urge that the shall conduct market research to determine ent. A high number of these private amendment be voted down. whether the Federal Prison Industries prod- sector jobs are held by law-abiding citi- Mr. FRANK of Massachusetts. Mr. uct is comparable to products available from zens, and they will be immediately Chairman, I move to strike the last the private sector that best meet the execu- gone with the elimination of the man- word. tive agency’s needs in terms of price, qual- datory source of FPI since there will be Mr. Chairman, I respect the prin- ity, and time of delivery. ‘‘(b) COMPETITION REQUIREMENT.—If the no reliable orders or revenues. cipled opposition of the gentleman head of the executive agency determines When we put restrictions on the man- from Virginia (Mr. SCOTT) to this bill. that a Federal Prison Industries product is datory source program in the Depart- It is in this context we should see his not comparable in price, quality, or time of ment of Defense last year, we saw a amendment. He argues that he has a delivery to products available from the pri- significant erosion of inmate jobs with- better transition, but it is a transition vate sector that best meet the executive out any indication that industry jobs to a goal which he opposes. agency’s needs in terms of price, quality, and in the private sector would increase as So I would ask Members to consider time of delivery, the agency head shall use a result. if you are trying to find a path to a competitive procedures for the procurement We should not be gutting this proven certain destination, whose guidance of the product or shall make an individual purchase under a multiple award contract. In crime-reduction program that does not will you select: the people who are try- conducting such a competition or making require taxpayer funding, suddenly, ing to get to the destination or the such a purchase, the agency head shall con- without knowing the consequences and people who think that destination sider a timely offer from Federal Prison In- without giving the prison system a re- would be a terrible thing? dustries. alistic period to try to develop some- The gentleman from Wisconsin (Mr. ‘‘(c) IMPLEMENTATION BY HEAD OF EXECU- thing to replace it. We should certainly SENSENBRENNER) has said this accu- TIVE AGENCY.—The head of an executive not be doing this to give agency bu- rately, that this is a second chance to agency shall ensure that— vote ‘‘yes’’ or ‘‘no’’ on the bill. I want ‘‘(1) the executive agency does not pur- reaucrats just a few more choices in chase a Federal Prison Industries product or furniture purchases. to reiterate I will be strongly sup- service unless a contracting officer of the Several of us have asked the GAO to portive of efforts to continue giving agency determines that the product or serv- study the impact on the prison system, prisoners the work. There are specific ice is comparable to products or services FPI, the businesses, and the public sections in this bill that we are bring- available from the private sector that best

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.065 H06PT1 H10492 CONGRESSIONAL RECORD — HOUSE November 6, 2003 meet the agency’s needs in terms of price, The CHAIRMAN pro tempore. Is time of delivery; provide a contracting quality, and time of delivery; and there objection to the request of the officer access to the full range of mar- ‘‘(2) Federal Prison Industries performs its gentlewoman from New York? ket research tools to make the re- contractual obligations to the same extent quired determination and full discre- as any other contractor for the executive PARLIAMENTARY INQUIRY agency. Mr. SCOTT of Virginia. Mr. Chair- tion on how to use such tools; empower ‘‘(d) MARKET RESEARCH DETERMINATION man, reserving the right to object, I contracting officers to ensure that FPI NOT SUBJECT TO REVIEW.—A determination have a parliamentary inquiry. performs its contractual obligations to by a contracting officer regarding whether a The CHAIRMAN pro tempore. The the same extent as any other con- product or service offered by Federal Prison gentleman will state his parliamentary tractor; and prohibit inmate workers Industries is comparable to products or serv- inquiry. from having access to classified data, ices available from the private sector that critical infrastructure data, and per- best meet an executive agency’s needs in Mr. SCOTT of Virginia. Mr. Chair- terms of price, quality, and time of delivery man, I am not sure which section this sonal or financial data under any serv- shall not be subject to review pursuant to amendment is in. I would hope that it ice contract. section 4124(b) of title 18. would not prejudice amendments in The text of the amendment being of- ‘‘(e) PERFORMANCE AS A SUBCONTRACTOR.— previous sections. fered today was offered by the gen- (1) A contractor or potential contractor of an The CHAIRMAN pro tempore. Sec- tleman from Indiana (Mr. SOUDER) and executive agency may not be required to use tion 4 will remain open to further accepted by the Committee on Govern- Federal Prison Industries as a subcontractor ment Reform during its consideration or supplier of products or provider of services amendment after the consideration of for the performance of a contract of the ex- this amendment. of H.R. 1837, the Services Acquisition ecutive agency by any means, including Mr. SCOTT of Virginia. Mr. Chair- Reform Act, earlier this year. means such as— man, I withdraw my reservation of ob- Mr. SENSENBRENNER. Mr. Chair- ‘‘(A) a contract solicitation provision re- jection. man, will the gentlewoman yield? quiring a contractor to offer to make use of The CHAIRMAN pro tempore. Is Mrs. MALONEY. I yield to the gen- products or services of Federal Prison Indus- there objection to the request of the tleman from Wisconsin. tries in the performance of the contract; Mr. SENSENBRENNER. Mr. Chair- gentlewoman from New York? ‘‘(B) a contract specification requiring the man, let me say that I support her contractor to use specific products or serv- There was no objection. Mrs. MALONEY. Mr. Chairman, the amendment because what her amend- ices (or classes of products or services) of- ment does is it applies the DOD con- fered by Federal Prison Industries in the per- amendment extends to the new con- tracting rights that were passed in last formance of the contract; or tracting officer of the various civilian ‘‘(C) any contract modification directing agencies, including the new Depart- year’s defense authorization bill to pro- the use of products or services of Federal ment of Homeland Security, the same curement by the other Federal agen- Prison Industries in the performance of the powers available to contracting offi- cies that would be covered by this bill. contract. So there is a uniform standard of agen- cers of the Department of Defense in ‘‘(2) In this subsection, the term ‘‘con- cy contracting rights. And we would their dealings with the Federal Prison tractor’’, with respect to a contract, includes not have one set of rules for the De- Industries. It will better enable them a subcontractor at any tier under the con- fense Department and another set of tract. to get the best value for the taxpaying rules for the rest of the government ‘‘(f) PROTECTION OF CLASSIFIED AND SEN- dollars being expended with FPI. agencies. SITIVE INFORMATION.—The head of an execu- Under FPI’s 1934 authorizing statute, I believe that this amendment is a tive agency may not enter into any contract FPI is a mandatory source to all Fed- with Federal Prison Industries under which constructive addition, and I am pleased an inmate worker would have access to— eral agencies. Federal contracting offi- to support it. ‘‘(1) any data that is classified; cers must purchase products offered by Mr. FRANK of Massachusetts. Mr. ‘‘(2) any geographic data regarding the lo- FPI unless FPI authorizes, through the Chairman, will the gentlewoman yield? cation of— granting of a so-called waiver, the so- Mrs. MALONEY. I yield to the gen- ‘‘(A) surface and subsurface infrastructure licitation of competitive offers for the tleman from Massachusetts, the distin- providing communications or water or elec- private sector. trical power distribution; guished ranking member. In making the unilateral determina- Mr. FRANK of Massachusetts. Mr. ‘‘(B) pipelines for the distribution of nat- tion to grant a waiver, FPI, rather ural gas, bulk petroleum products, or other Chairman, we do not have the usual commodities; or than the buying agency, determines situation here where there are Demo- ‘‘(C) other utilities; or whether FPI’s offered product and de- cratic and Republican managers who ‘‘(3) any personal or financial information livery schedule meet the mission’s might come to an agreement on this about any individual private citizen, includ- needs of the buying agency. FPI, rather one. I would say, though, that as one of ing information relating to such person’s than the buying agency, determines the Democrats who has been supportive real property however described, without the the reasonableness of FPI’s offered of this bill, I certainly would concur prior consent of the individual. price. ‘‘(g) DEFINITIONS.—In this section: with what the gentleman from Wis- ‘‘(1) The term ‘competitive procedures’ has While comprehensive FPI reform was consin (Mr. SENSENBRENNER) has said the meaning given such term in section 4(5) being advanced in both Chambers, sev- and would also urge its acceptance. of the Office of Federal Procurement Policy eral Members of the other body devised Mrs. MALONEY. Mr. Chairman, I Act (41 U.S.C. 403(5)). a means to provide some modest in- would like to add that the U.S. Cham- ‘‘(2) The term ‘market research’ means ob- terim relief to DOD’s procurement pro- ber of Commerce and the AFL/CIO join taining specific information about the price, fessionals by including interim relief in my distinguished colleagues on both quality, and time of delivery of products the National Defense Authorization sides of the aisle in support of this available in the private sector through a va- Act for fiscal year 2002. That provision riety of means, which may include— amendment. ‘‘(A) contacting knowledgeable individuals added a new section 2410(n) to title 10 The CHAIRMAN pro tempore. The in government and industry; of the U.S. Code which governs DOD. question is on the amendment offered ‘‘(B) interactive communication among in- My amendment adds a new section to by the gentlewoman from New York dustry, acquisition personnel, and cus- title III of the Federal Property and (Mrs. MALONEY). tomers; and Administrative Services Act of 1949, The amendment was agreed to. ‘‘(C) interchange meetings or pre-solicita- which governs procurement by the ci- b 1400 tion conferences with potential offerors.’’. vilian agencies. This new provision Page 17, line 15, strike the period and in- mirrors exactly the test of section AMENDMENT OFFERED BY MR. GREEN OF sert the following: ‘‘or in accordance with 2410(n) in title 10. WISCONSIN section 2410n of title 10, United States Code, Mr. GREEN of Wisconsin. Mr. Chair- or section 318 of title III of the Federal Prop- Specifically, my amendment will make explicit that a contracting offi- man, I offer an amendment. erty and Administrative Services Act of 1949 The Clerk read as follows: (as added by subsection (i)).’’. cer is fully empowered to determine if a product offered by FPI is comparable Amendment offered by Mr. GREEN of Wis- Mrs. MALONEY (during the reading). consin: Mr. Chairman, I ask unanimous con- to products available from the private Page 21, strike line 21 and all that follows sent that the amendment be considered sector that best meet the Department’s through page 22, line 3, and insert the fol- as read and printed in the RECORD. needs in terms of price, quality, and lowing:

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.019 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10493 (3) If the Attorney General finds a signifi- Let us understand the effect of this and whether such reductions, if any, cant risk of adverse effects on safe prison amendment very carefully and why it present a significant risk of adverse ef- management, prison rehabilitation opportu- is so important. If proponents of the fects on safe prison operation or public nities, or public or prison safety, he shall so bill are correct in assuming that their safety. advise the Congress before the end of the fis- cal year in which the finding is made, and reforms will, in fact, make FPI more If he finds that, he shall advise the such finding shall serve to postpone for one competitive rather than putting it out Congress. And if he advises the Con- year any further percentage limitation under of business as I would suggest, then the gress pursuant to this section, the At- subsection (e)(1). safety valve provisions in this amend- torney General shall make rec- (4) Any percentage limitation postponed ment will never come into play. It will ommendations for additional author- under paragraph (3) shall take effect in the be as though this amendment was izations of appropriations to provide fiscal year immediately following the fiscal never adopted, never considered. But if additional alternative inmate rehabili- year for which it is postponed, if not later the proponents are wrong, and they tative opportunities and additional than 60 days before the first day of such fol- lowing fiscal year the Attorney General just might be wrong, and if our highest correctional staffing as may be appro- makes a determination under paragraph (2)— law enforcement official determines, as priate. (A) that such limitation is not likely to re- I believe, that this would present a sig- Now, what this means is that the At- sult in a substantial reduction in inmate in- nificant risk to prison safety or public torney General gets $75 million author- dustrial employment; or safety, then this safety valve will be ized every year to provide for addi- (B) that any such reduction will not critically needed. It will be terribly im- tional rehabilitation and industrial present a significant risk of adverse effects portant. It will save lives. It will save employment within the prison. If the on safe prison operation or public safety. the working conditions in prisons. It $75 million dollars is not enough or is Mr. GREEN from Wisconsin (during will make prison operations safer. not used effectively enough, then the the reading). Mr. Chairman, I ask Now, again, in the past with my pre- AG has got to come back to Congress unanimous consent that the amend- vious amendment, the study amend- and say, okay, I either need more ment be considered as read and printed ment, it was argued that I was trying money, I need a change in the law, or in the RECORD. to kill H.R. 1829, to kill this legisla- I need more people to provide for more The CHAIRMAN pro tempore. Is tion. I would argue that those who op- prison guards. And then the Congress there objection to the request of the pose this amendment, given that this can make this determination as a part gentleman from Wisconsin? amendment does not delay the phase- of the ordinary authorization appro- There was no objection. out of the mandatory preference, I priations process. Mr. GREEN of Wisconsin. Mr. Chair- would argue that any who oppose this The gentleman from Wisconsin’s (Mr. man, the proponents of this legislation, amendment really do want to kill FPI. GREEN) amendment is kind of a guillo- H.R. 1829, said earlier that they share Again, if their claims are accurate, if tine, the death penalty, if you will, be- our vision, they share the concerns their assumptions are correct, then cause it says that if the AG finds a sig- that many of us have. The proponents this amendment will have no effect. nificant risk of adverse effects on ei- of this bill have claimed that this leg- But if they are wrong, as many of us ther safer prison management or public islation, H.R. 1829 will actually fear, we will at least have some mecha- safety, he shall so advise the Congress strengthen FPI, Federal Prison Indus- nism, some small way to stop this dam- before the end of the fiscal year in tries. Unfortunately, close observers of age from occurring. I ask support for which the finding is made and such the system, like the American Federa- this amendment. finding shall, shall, not may, postpone tion of Government Employees and the Mr. SENSENBRENNER. Mr. Chair- for 1 year any further percentage limi- Fraternal Order of Police, disagree. man, I rise in opposition to the amend- tation under the subsection e(1) and Who shall we believe? ment. the transitional title which is under This amendment that I offer right Unfortunately, Mr. Chairman, my debate now. now offers us a safe way for us to pro- colleague from Wisconsin wants to Now, there are over 70 prisons that vide and to find out the answer and de- stall FPI facing the music in being re- have got Federal prison industries pro- termine who it is that we should be- formed by this amendment. And he grams. And the way the gentleman lieve. cloaks his argument by saying there from Wisconsin’s (Mr. GREEN) amend- Now, earlier it was said that my has to be a safety valve in case the re- ment is drafted is that if the Attorney study amendment was an amendment duction in work that FPI may or may General finds that there is a public to kill, an amendment to delay. Well, not get as a result of having to com- safety problem in just one of those this legislation is very different. It al- pete, ends up causing a problem in pris- prisons, then FPI is able to continue lows us to proceed while also creating on safety. doing business as usual for another a mechanism to make sure that we do The provision of the bill that the year. not do the damage that some have said, gentleman from Wisconsin proposes to That is a stall. That is why this some fear will be done. It provides a strike does provide a safety valve, but amendment should be rejected, and I safety valve in case this bill does not it provides a safety valve where the ul- hope it is rejected overwhelmingly. work out as its proponents claim. timate determination is made by the Ms. JACKSON-LEE of Texas. Mr. It would require the Attorney Gen- Congress. In other words, we have to Chairman, I rise in support of the eral to make a determination each make a decision on whether the deter- amendment. year about whether phasing out of fis- mination is a correct one or an incor- Mr. Chairman, I was listening to my cal procurement preference has re- rect one. good friend, the gentleman from Wis- sulted in a reduction of the number of Let me outline what this amendment consin (Mr. SENSENBRENNER) and look- inmates who are provided employment. proposes to strike. It says, a finding by ing to the section in which he was re- If the numbers are substantially lower, the Attorney General with respect to ferring and as well to which this if the numbers are substantially lower, public safety within 60 days after the amendment is referring. I join the gen- then the Attorney General will be re- end of every fiscal year, which means tleman from Wisconsin (Mr. GREEN) as quired to determine whether or not by December 1, the Attorney General a cosponsor of this amendment, and I this reduction poses a significant shall make a finding with respect to do so because I think that what we are threat to prison operations or general public safety and whether the reduc- doing today is a work in progress and public safety. If the Attorney General tion in the percentage of mandatory that we are responding to a ground yet determines that this has occurred, if sourcing will have a likely effect on explored. there is a threat to public safety, then public safety during the next fiscal None of us will and can determine he may postpone the phasing out for a year. two things, Mr. Chairman. We can not year. It could begin again once the At- The Attorney General’s findings shall determine that if this bill is passed torney General has determined that it include a determination on whether whether we will soon open up the win- is safe to proceed. The current bill pro- such determination has resulted or is dows of Heaven, and I do not make vides no mechanism for reviewing the likely to result in a substantial reduc- light, in helping small businesses. And effect of the preference phaseout. tion in inmate industrial employment that is our intent, of course. We want

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.020 H06PT1 H10494 CONGRESSIONAL RECORD — HOUSE November 6, 2003 to be generous and recognize that small chance the proponents are torily specified transition to competi- small businesses should not be dis- wrong, as you and I believe that they tion simply on the basis of his own advantaged as competitors because I may well be, that we have a mecha- findings. believe that small businesses are the nism to stop irreparable harm from As was reflected in the debate during backbone of America and they create being done. the 107th Congress, the committee is jobs. Ms. JACKSON-LEE of Texas. Well, I fully capable of evaluating the Attor- At the same time, we do not want to thank the gentleman for his thought- ney General’s findings and rec- deconstruct or undermine our prison fulness. I might just ask one quick ommendations and of taking appro- structure and the goals of prisons, question. Does the gentleman think we priate remedial action as needed. which are to punish and, I believe, to are in a crisis point where thoughtful- rehabilitate. And this amendment that ness and study is not appropriate? b 1415 we are offering together is a triggering When I say crisis, we are all supporters amendment. It allows the Attorney of small businesses, but we are working Modification of statutorily specified General to proceed with a study that with a collective body of opportunity timetables lies with the legislative deals with the issues of public rehabili- for small businesses which we both sup- branch and should not be subject to tation, management, that is key, Mr. port. Are we at a crisis where we just unilateral change by an individual offi- Chairman, public or prison safety. absolutely are collapsing and we can cer of the executive branch. We know that there are documented not study this thoughtfully? In keeping with the provision’s in- studies of years past that suggest that Mr. GREEN of Wisconsin. I think tent for the Attorney General to make we have problems when there is an there is no reason why we can not and report to the Congress findings idleness in our prisons. We have gone study this thoughtfully. We can look at that are very broadly drafted, ‘‘has re- past that to a certain extent. We went ways of reforming the FBI to make sulted or is likely to result, substantial through a crisis where no one wanted sure it works better to protect all of reduction in inmate industrial employ- television sets or they did not want the interest. I want to make sure, as ment and significant risk of adverse ef- physical fitness rooms, and we have the gentlewoman does, that we have fects.’’ gone through that, and we do not have that time. They are insufficiently clear bases on much of that. Ms. JACKSON-LEE of Texas. Let me which to authorize the Attorney Gen- So what do we have for the inmates? just say, Mr. Chairman, I believe that eral to unilaterally suspend the imple- We have work. We try to have study, we are working to be, if you will, con- mentation of this statute. I ask my and we try to have factors that will re- structive. And this is only an amend- colleagues to oppose this amendment. habilitate their lives. This amendment ment that provides guidance, that al- Mr. SCOTT of Virginia. Mr. Chair- speaks to a delaying process, not a lows us to be thoughtful. And if there man, I move to strike the requisite process that eliminates, and it gives us is a problem, if this is devastating to number of words. a sense of information that will be in- the prison industries, we are allowed to Mr. Chairman, I rise in support of the structive. cease and desist temporarily. If we find amendment. It allows the Attorney One of the more, I think, enlightened that we have overcome the problems, General to protect public safety. If the aspects of the amendment is that if a the Attorney General could move for- Attorney General concludes that, in limitation is proposed under paragraph order to protect public safety, he needs 3, and it takes effect in the fiscal year ward. I would ask my colleagues to move forward on this very constructive the continuation of the prison indus- immediately following the fiscal year tries program, he ought to be able to for which it is postponed, is not less amendment. Mr. HOEKSTRA. Mr. Chairman, I respond to that crisis in a way that re- than 60 days before the before the first sponds to the crisis and not just send a day of such following fiscal year, the move to strike the last word. Mr. Chairman, I rise in opposition to letter to Congress to hope something Attorney General makes a determina- the amendment. What this amendment might get done while the crisis is going tion. And so it gives another action does is it seeks to reverse an action on. item, that such limitation is not likely The warden apparently can do this to result in a substantial reduction of that was taken by the committee dur- ing its markup of the bill in the 107th now in the bill, but that is fairly unre- inmate industrial employment, or that alistic because the warden would have any such reduction would not present a Congress, and that was on a Roll Call vote this amendment was defeated 18 to report to the Attorney General that significant risk of adverse effect on he cannot do his job in order to trigger safe prison operation or public safety, to 9. The bill already requires the Attor- that element of the bill. That is obvi- we go forward. ously not a realistic thing to think So it gives limitations. It is not an ney General to closely monitor the ef- that a warden would volunteer to the elimination. It is a limitation. fects of the 5-year transition period in I would like to pose a question to the which FPI adapts to selling Federal fact that he cannot do his job as a con- dition to protect public safety. gentleman from Wisconsin (Mr. GREEN) agencies on a competitive basis rather because my understanding of what we than the noncompetitive process that I would hope that this safety valve intended, and as the gentleman offered it currently has under mandatory amendment would be adopted so that the amendment and as I am very source. our public safety can, in fact, be pro- pleased to join the gentleman, what Annually, during the 5-year transi- tected. the gentleman intended, the gentleman tion period, the Attorney General is re- The CHAIRMAN pro tempore (Mr. intended to be thoughtful, to give a quired to determine whether there has SHIMKUS). The question is on the moment of study, to then allow to been a reduction in inmate industrial amendment offered by the gentleman come back again and to state that employment; and if such reduction pre- from Wisconsin (Mr. GREEN). there is no injury; and if there is no in- sents ‘‘a significant risk of adverse ef- The question was taken; and the jury, we can go forward. fects on safe prison operation or public Chairman pro tempore announced that Am I understanding what our safety,’’ report to the committee any the noes appeared to have it. thought processes were? ‘‘adverse effects on either safe prison Mr. GREEN of Wisconsin. Mr. Chair- Mr. GREEN of Wisconsin. Mr. Chair- management or public safety,’’ and to man, I demand a recorded vote. man, will the gentlewoman yield? make recommendations for corrective The CHAIRMAN pro tempore. Pursu- Ms. JACKSON-LEE of Texas. I yield action. ant to clause 6 of rule XVIII, further to the gentleman from Wisconsin. Under the bill the committee and the proceedings on the amendment offered Mr. GREEN of Wisconsin. Yes, the Congress would determine the appro- by the gentleman from Wisconsin (Mr. reason this amendment is drafted as it priate remedial actions to be taken, if GREEN) will be postponed. is, is we are, I think as the gentle- any. Remember, this is a 5-year grad- Are there further amendments to sec- woman said very eloquently, treading ual phaseout. tion 4? into new territory here. Under the Green amendment, the At- If not, the Clerk will designate sec- What I want to do is make sure that torney General would be unilaterally tion 5. we have an opportunity, if just by that empowered to suspend FPI’s statu- The text of section 5 is as follows:

VerDate jul 14 2003 04:43 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00036 Fmt 7634 Sfmt 6333 E:\CR\FM\K06NO7.075 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10495 SEC. 5. AUTHORITY TO PERFORM AS A FEDERAL ‘‘(vi) such other deductions as may be speci- of the other amendments are a bit SUBCONTRACTOR. fied by the Director of the Bureau of Prisons. clearer than that, simply trying to (a) IN GENERAL.—Federal Prison Industries is ‘‘(D) Each inmate worker working for Federal authorized to enter into a contract with a Fed- make sure that we do not expand the Prison Industries shall indicate in writing that opportunity for the Federal Prison In- eral contractor (or a subcontractor of such con- such person— tractor at any tier) to produce products as a ‘‘(i) is participating voluntarily; and dustries to expand and to continue to subcontractor or supplier in the performance of ‘‘(ii) understands and agrees to the wages to operate perhaps in the way that it is a Federal procurement contract. The use of Fed- be paid and deductions to be taken from such doing. eral Prison Industries as a subcontractor or sup- wages.’’. We heard some very interesting de- plier shall be a wholly voluntary business deci- The CHAIRMAN pro tempore. Are bate about NAFTA and about the ex- sion by the Federal prime contractor or subcon- tractor, subject to any prior approval of sub- there any amendments to section 6? portation of jobs to Third World coun- contractors or suppliers by the contracting offi- AMENDMENT OFFERED BY MS. WATERS tries for cheap labor and some pointed cer which may be imposed by the Federal Acqui- Ms. WATERS. Mr. Chairman, I offer references to China; and I was struck sition Regulation or by the contract. an amendment. by the references that were made to (b) COMMERCIAL SALES PROHIBITED.—The au- The Clerk read as follows: labor that has been done in China by thority provided by subsection (a) shall not re- prisoners in China, and could not help Amendment offered by Ms. WATERS: sult, either directly or indirectly, in the sale in but think if, in fact, we limit the op- the commercial market of a product or service Page 24, line 7, insert after the period the resulting from the labor of Federal inmate work- following: ‘‘In the case of an inmate whose portunities for Federal Prison Indus- ers in violation of section 1761(a) of title 18, term of imprisonment is to expire in not tries to operate as it is doing, whether United States Code. A Federal contractor (or more than 2 years, wages shall be earned at or not we are going to find small busi- subcontractor at any tier) using Federal Prison an hourly rate of not less than $2.50, but paid nesses who would get this work and Industries as a subcontractor or supplier in fur- at the same rate and in the same manner as then export it to Third World countries nishing a commercial product pursuant to a to any other inmate, and any amount earned for cheap labor, and we find that pris- Federal contract shall implement appropriate but not paid shall be held in trust and paid only upon the actual expiration of the term oners in other countries are doing the management procedures to prevent introducing kind of work that we are prohibiting an inmate-produced product into the commercial of imprisonment.’’. market. Page 24, after line 10, insert the following our prisoners in this country from (c) PROHIBITIONS ON MANDATING SUBCON- new subparagraph (and redesignate suc- doing. TRACTING WITH FEDERAL PRISON INDUSTRIES.— ceeding subparagraphs accordingly): All of these questions certainly, I Except as authorized under the Federal Acquisi- ‘‘(C) The Board of Directors of Federal think, are on our minds. However, this tion Regulation, the use of Federal Prison In- Prison Industries shall— is what I have attempted to do. I have dustries as a subcontractor or supplier of prod- ‘‘(i) not later than September 30, 2004, in- crease the maximum wage rate for inmates attempted to find a way to recognize ucts or provider of services shall not be imposed that prisoners are being released and upon prospective or actual Federal prime con- performing work for or through Federal Pris- tractors or a subcontractors at any tier by on Industries to an amount equal to 50 per- that when they are released, if they means of— cent of the minimum wage prescribed by sec- have no money, if they have no re- (1) a contract solicitation provision requiring tion 6(a)(1) of the Fair Labor Standards Act sources, they are more likely to find a contractor to offer to make use of Federal of 1938 (29 U.S.C. 206(a)(1)); their way back into the system. Recidi- Prison Industries, its products or services; ‘‘(ii) not later than September 30, 2009, in- vism is a real problem. (2) specifications requiring the contractor to crease such maximum wage rate to an use specific products or services (or classes of amount equal to such minimum wage; and I would like to see those prisoners products or services) offered by Federal Prison ‘‘(iii) request the Secretary of Labor to es- that are being released have at least Industries in the performance of the contract; tablish, not later than October 1, 2004, an ‘in- enough money to rent a place to live, (3) any contract modification directing the use mate training wage’ pursuant to that Act. to have some food, maybe to have some of Federal Prison Industries, its products or Mr. SENSENBRENNER (during the transportation, to be able to be sup- services; or ported by their earnings until they can (4) any other means. reading). Mr. Chairman, I ask unani- mous consent that the amendment be find a job. I do this by allowing the last The CHAIRMAN pro tempore. Are considered as read and printed in the 2 years of their wages to be increased there any amendments to section 5? to $2.50 per hour and then to be held in If not, the Clerk will designate sec- RECORD. The CHAIRMAN pro tempore. Is a special fund; and while they are tion 6. working, they get no more than any The text of section 6 is as follows: there objection to the request of the other prisoner would get working in SEC. 6. INMATE WAGES AND DEDUCTIONS. gentleman from Wisconsin? Section 4122(b) of title 18, United States Code There was no objection. this industry, but the additional dol- (as amended by section 3 of this Act), is further Ms. WATERS. Mr. Chairman, I have lars would be available to them, held in amended by adding after paragraph (10) a new sat here and listened to this debate this fund so that when they are re- paragraph (11) as follows: today on this very important legisla- leased, they will have an opportunity ‘‘(11)(A) The Board of Directors of Federal tion, H.R. 1829, and it is clear to me lis- to have money to do those things that Prison Industries shall prescribe the rates of tening to the very thoughtful debate I have alluded to. hourly wages to be paid inmates performing I think my chairman, the gentleman work for or through Federal Prison Industries. that has been held on this floor today The Director of the Federal Bureau of Prisons that people care an awful lot, both from Wisconsin (Chairman SENSEN- shall prescribe the rates of hourly wages for about small business and about oppor- BRENNER), thought there may be some other work assignments within the various Fed- tunities for inmates in our prison sys- conflict between my amendment and eral correctional institutions. tem to be able to work and earn money the amendment by my colleague from ‘‘(B) The various inmate wage rates shall be that can be helpful to them upon their California. I do not think so, but this reviewed and considered for increase on not less release. amendment now incorporates my than a biannual basis. ‘‘(C) Wages earned by an inmate worker shall It is also clear to me that people are thought about the $2.50 and the be paid in the name of the inmate. Deductions, torn about the way that this bill has thoughts of my colleague from the aggregating to not more than 80 percent of gross been presented. They want to make State of California about giving the au- wages, shall be taken from the wages due for— sure that they protect small businesses thority to the board of directors to in- ‘‘(i) applicable taxes (Federal, State, and and not have them disadvantaged be- crease the wages if they desire to do so. local); cause we have our Federal Prison In- I suppose before they can do it they at ‘‘(ii) payment of fines and restitution pursu- least need to be told that if they desire ant to court order; dustries able to produce goods without ‘‘(iii) payment of additional restitution for having to compete in the open market, to increase wages up to the minimum victims of the inmate’s crimes (at a rate not less and we really do not know how to fix they can do that. So that is included in than 10 percent of gross wages); this. We really do not have all of the this bill, and I am sure that she will ‘‘(iv) allocations for support of the inmate’s answers. better explain that and that authority family pursuant to statute, court order, or We have people that are attempting that has been given to them. agreement with the inmate; ‘‘(v) allocations to a fund in the inmate’s all kinds of amendments. Some of the So these two ideas are combined name to facilitate such inmate’s assimilation amendments are to study this, to slow here, and the idea simply is $2.50, an back into society, payable at the conclusion of it down and perhaps give us another opportunity to have a special fund, in- incarceration; and opportunity to take a look at it. Some mates able to make more money so

VerDate jul 14 2003 04:43 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.021 H06PT1 H10496 CONGRESSIONAL RECORD — HOUSE November 6, 2003 that when they are released, they can maximum wage that an inmate partici- The agreement was agreed to. have money for food, clothing, job, pating in its programs could receive, Are there further amendments to sec- transportation, and of course, the half the current Federal minimum tion 6? other idea of authorization to the wage by September 30, 2004. Our If not, the Clerk will designate sec- board of directors so that they could, amendment also requires that the FPI tion 7. over a period of time, increase the pay board would increase the maximum The text of section 7 is as follows: up to the minimum wage if they so de- wage rate for inmates in the program SEC. 7. CLARIFYING AMENDMENT RELATING TO sire. to a full Federal minimum wage by SERVICES. That is the essence of my amend- September 30, 2009. (a) IN GENERAL.—Section 1761 of title 18, ment. I would ask an ‘‘aye’’ vote on the Mr. Chairman, this amendment was United States Code, is amended in subsection Waters amendment number 62. offered for two very important reasons. (a), by striking ‘‘any goods, wares, or merchan- Mr. SENSENBRENNER. Mr. Chair- First and foremost, individuals who are dise manufactured, produced, or mined’’ and in- man, I rise in support of the amend- serting ‘‘products manufactured, services fur- working in any type of environment nished, or minerals mined’’. ment. deserve a fair and decent wage. Cur- (b) COMPLETION OF EXISTING AGREEMENTS.— Mr. Chairman, I think that this rently, inmates participating in the Any prisoner work program operated by a pris- amendment is a good one for a number Federal Prison Industries program earn on or jail of a State or local jurisdiction of a of reasons, but I just would like to anywhere from 25 cents per hour to just State which is providing services for the com- make it very clear what the amend- over $1 per hour. So, Mr. Chairman, I mercial market through inmate labor on October ment does. believe it is unfair to ask any person, 1, 2002, may continue to provide such commer- First, it requires that during the last including those who are incarcerated, cial services until— 2 years of incarceration the inmate to work for wages that are abysmally (1) the expiration date specified in the con- tract or other agreement with a commercial would be paid not less than $2.50 an low. Raising inmate wages, I believe, hour; and, secondly, it would have a partner on October 1, 2002, or will give these individuals a des- (2) until September 30, 2005, if the prison work cap on how much inmates could be paid perately needed boost to their self-es- program is directly furnishing the services to the regardless of whether they were within teem and confidence as they seek to re- commercial market. 2 years of release or not within 2 years habilitate themselves while they finish (c) APPROVAL REQUIRED FOR LONG-TERM OP- of release to 50 percent of the minimum their sentences and return to society ERATION.—A prison work program operated by a wage by September of 2004 and the min- as contributing members. correctional institution operated by a State or imum wage by September 2009. Raising the hourly wages of these in- local jurisdiction of a State may continue to Additionally, the amendment would mates has additional benefits. As an in- provide inmate labor to furnish services for sale save the funds for a prisoner in trust in the commercial market after the dates speci- mate earns more, increased deductions fied in subsection (b) if such program has been which would be paid to them upon from their wages can be used to pay ap- their release, which would mean that certified pursuant to section 1761(c)(1) of title plicable State, local and Federal taxes, 18, United States Code, and is in compliance when the prisoners are released, they fines and restitution pursuant to court with the requirements of such subsection and its would have some gate money in their costs, and contribute to a fund in the implementing regulations. pocket to be able to begin their lives inmate’s name to help them assimilate AMENDMENT NO. 5 OFFERED BY MR. SCOTT OF anew and hopefully lead a crime-free back into society once the inmate is VIRGINIA rest of their lives. released. Mr. SCOTT of Virginia. Mr. Chair- Now, with these two provisions this Secondly, the Committee on Small man, I offer an amendment. amendment is a very good one because Business, Subcommittee on Tax, Fi- The CHAIRMAN pro tempore. The it addresses two things. First of all, it nance and Exports and the Sub- Clerk will designate the amendment. helps level the playing field in terms of committee on Workforce, Empower- The text of the amendment is as fol- wages paid to FPI employees who are ment, and Government Programs held lows: inmates with those of private sector a joint hearing October 1, 2003, to hear Amendment No. 5 offered by Mr. SCOTT of employees who are making goods that firsthand how FPI maintains a com- are competing with the Federal Prison Virginia: petitive advantage in the Federal con- Page 25, strike section 7 (line 11 and all Industries. Secondly, it does give the tracting market and how FPI and that follows through page 26, line 12). prisoners an amount of money that has small businesses can compete on an Mr. SCOTT of Virginia. Mr. Chair- been held in trust for them so that even playing field. they do not walk out of the prison with man, section 7 limits the ability of FPI I do feel that these amendments and State Prison Industries programs very little money in their pocket and joined together will be a win-win for perhaps are given a greater temptation to do services and reflects the reality those who we are trying to help in re- that promoting competition is not to commit a crime in order to be able habilitation and to go back into soci- to put more money in their pocket to what proponents of FPI want. Pres- ety ready for work and for assimilating ently, there is no mandatory source on live. into that society. So I think that this is really a win- services as opposed to products, and so Mr. Chairman, I ask that all Mem- straight competition is the only way win situation. I would hope that the bers support the amendment. committee would approve this amend- that FPI can get a service contract. Mr. HOEKSTRA. Mr. Chairman, I The bill will limit the ability of FPI to ment because I do believe it deals with move to strike the requisite number of some of the concerns in this bill that get service contracts and actually words. eliminate the ability of State prison are legitimate and which have been ex- I thank my colleagues for working on service programs in State prisons. pressed by people who have some this amendment and allowing me to be The mandatory source in products is doubts over how this bill has been put a cosponsor. They did all the work. being eliminated in the bill. Restrict- together. They worked out the differences to put ing FPI’s ability to continue to per- Ms. MILLENDER-MCDONALD. Mr. their two amendments together in a form service contracts as it does now Chairman, I move to strike the last single amendment; and, again, I think with no particular replacement will word. it is an amendment that improves the only serve to further replace inmate Mr. Chairman, I rise today to offer an overall quality of the final bill. amendment that will join with the con- So I rise in support of the amend- work opportunities. There appears to gresswoman from California, along ment. I thank my colleagues for the be no justification for prohibiting with the gentleman from Illinois (Mr. spirit in which we have worked to- States from continuing their service DAVIS) and the gentleman from Michi- gether to put this amendment together contracts in a bill designed to reform gan (Mr. HOEKSTRA), and offering this and to put the whole bill together. the Federal Prison Industry program. amendment would direct the board of I am told by Delco Remy, an inter- directors of Federal Prison Industries b 1430 national company which contracts to increase its maximum rate of pay to The CHAIRMAN pro tempore (Mr. with State and Federal inmates to inmates participating in its programs. SHIMKUS). The question is on the break down auto parts for reusable ma- Specifically, our amendment would amendment offered by the gentle- terials to produce new auto parts, I require the FPI board to increase the woman from California (Ms. WATERS). have been told by that company that

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.081 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10497 600 law-abiding Virginians, along with of Justice learned legal opinion in 1998, The CHAIRMAN pro tempore. Are 300 State and Federal inmates, will lose subminimum-wage prison inmates there any amendments to section 9? their jobs as a direct result of this bill, could compete directly in the services If not, the Clerk will designate sec- and about the same number of law- market, but not in the goods market, tion 10. abiding citizens and State and Federal against people on the outside who have The text of section 10 is as follows: inmates in South Carolina will lose to receive minimum wage and also SEC. 10. PROVIDING ADDITIONAL REHABILITA- their jobs. Ironically, the likelihood is have to pay taxes on their wages. TIVE OPPORTUNITIES FOR INMATES. that the jobs will not go to other law- The business community raised very (a) ADDITIONAL EDUCATIONAL, TRAINING, AND abiding citizens in the United States, strong objections in 1998 to this legal RELEASE-PREPARATION OPPORTUNITIES.— but will go to Delco Remy plants out- (1) PROGRAM ESTABLISHED.—There is hereby interpretation, and the Subcommittee established the Enhanced In-Prison Educational side of the United States. on Oversight and Investigation of the Other States have service contract and Vocational Assessment and Training Pro- Committee on Education and the gram within the Federal Bureau of Prisons. programs as well, so it is likely that Workforce held a hearing on this issue (2) COMPREHENSIVE PROGRAM.—In addition to thousands of law-abiding citizens, as on September 20, 2000. What section 7 such other components as the Director of the well as inmates, will lose their jobs as does is to make it explicit that the pro- Bureau of Prisons deems appropriate to reduce a result of this gratuitous, unrelated hibitions that have been in the law inmate idleness and better prepare inmates for a provision attacking State programs in since 1934 against goods entering the successful reentry into the community upon re- lease, the program shall provide— a bill designed to restructure the Fed- commercial market also covers serv- eral Prison Industry programs. (A) in-prison assessments of inmates’ needs ices. and aptitudes; One of the major problems of the bill This, I guess, brings the law up-to- is we are taking actions without full (B) a full range of educational opportunities; date as our economy has gradually (C) vocational training and apprenticeships; knowledge of the consequences. That is evolved from a manufacturing and and why several of us have requested a goods-oriented economy to a service- (D) comprehensive release-readiness prepara- GAO study of the potential impact of oriented economy. tion. this bill, including the impact of the The amendment of the gentleman (3) AUTHORIZATION OF APPROPRIATIONS.—For the purposes of carrying out the program estab- provision outlawing service contracts. from Virginia strikes section 7, and if The information will be available in lished by paragraph (1), $75,000,000 is author- his amendment is adopted, that means April, and that is why we should wait ized for each fiscal year after fiscal year 2003, to that Federal Prison Industries, as well for that information and in the mean- remain available until expended. Funds shall be as State and local prison industries or- allocated from the gross profits within the Fed- time adopt this amendment. eral Prison Industries Fund, and, to the extent Mr. SENSENBRENNER. Mr. Chair- ganizations, can directly compete in the commercial market in the services such amounts are inadequate, from the General man, I rise in opposition to the Scott Treasury. amendment. sector of the economy. When the compromise was struck (4) SCHEDULE FOR IMPLEMENTATION.—All com- Mr. Chairman, in order to put this ponents of the program shall be established— amendment in context, it is important during the Roosevelt administration, (A) in at least 25 percent of all Federal prisons that we have a history lesson. When that door was supposedly slammed not later than 2 years after the date of the en- the Federal Prison Industries law was shut. This will make sure that the door actment of this Act; created in 1934, there was a com- is slammed shut so that the playing (B) in at least 50 percent of all Federal prisons promise that was struck by President field is equal and FPI and State and not later than 4 years after such date of enact- ment; Roosevelt between the advocates and local inmates cannot compete in the services market for subminimum wage. (C) in at least 75 percent of all Federal prisons business and labor who objected to not later than 6 years after such date of enact- Federal Prison Industries that the re- I hope that the amendment is defeated. ment; and sults of inmate labor, whether it was The CHAIRMAN pro tempore. The (D) in all Federal prisons not later than 8 Federal, State or local, would be pro- question is on the amendment offered years after such date of enactment. hibited from interstate commerce by the gentleman from Virginia (Mr. (b) INMATE WORK OPPORTUNITIES IN SUPPORT which meant the commercial market. SCOTT). OF NOT-FOR-PROFIT ENTITIES.— This statutory prohibition is now codi- The amendment was rejected. (1) PROPOSALS FOR DONATION PROGRAMS.— The CHAIRMAN pro tempore. Are The Chief Operating Officer of Federal Prison fied in 18 United States Code 1761(a). Industries shall develop and present to the Fifty-five years went by, and the stat- there further amendments to section 7? If not, the Clerk will designate sec- Board of Directors of Federal Prison Industries ute was always interpreted to prohibit proposals to have Federal Prison Industries do- the commercial sale of the results of tion 8. nate products and services to eligible entities inmate labor products as well as serv- The text of section 8 is as follows: that provide goods or services to low-income in- ices, even though the statute that was SEC. 8. CONFORMING AMENDMENT. dividuals who would likely otherwise have dif- passed in 1934 did not explicitly men- Section 4122(a) of title 18, United States Code, ficulty purchasing such products or services in tion services. is amended by striking ‘‘production of commod- the commercial market. ities’’ and inserting ‘‘production of products or In 1998, Federal Prison Industries got (2) SCHEDULE FOR SUBMISSION AND CONSIDER- furnishing of services’’. ATION OF DONATION PROGRAMS.— a legal interpretation that did not The CHAIRMAN pro tempore. Are (A) INITIAL PROPOSALS.—The Chief Operating come from the DOJ Office of Legal Officer shall submit the initial group of pro- Counsel as most opinions come from, there any amendments to section 8? If not, the Clerk will designate sec- posals for programs of the type described in but in a legal memorandum from a spe- paragraph (1) within 180 days after the date of cial counsel in the Office of Enforce- tion 9. the enactment of this Act. The Board of Direc- ment Operations in the criminal divi- The text of section 9 is as follows: tors of Federal Prison Industries shall consider sion of the Department of Justice SEC. 9. RULES OF CONSTRUCTION RELATING TO such proposals from the Chief Operating Officer CHAPTER 307. not later than the date that is 270 days after the which supervises both FPI and the Bu- Chapter 307 of title 18, United States Code, is reau of Prisons. The new interpretation date of the enactment of this Act. further amended by adding the following: (B) ANNUAL OPERATING PLAN.—The Board of provided that FPI and the prison indus- ‘‘§ 4130. Construction of provisions Directors of Federal Prison Industries shall con- tries of the States and their local gov- ‘‘Nothing in this chapter shall be construed— sider proposals by the Chief Operating Officer ernments could sell inmate-furnished ‘‘(1) to establish an entitlement of any inmate for programs of the type described in paragraph services, either directly or in partner- to— (1) as part of the annual operating plan for ship with the private sector, without ‘‘(A) employment in a Federal Prison Indus- Federal Prison Industries. restrictions; and those restrictions in- tries facility; or (C) OTHER PROPOSALS.—In addition to pro- cluded restrictions against the dis- ‘‘(B) any particular wage, compensation, or posals submitted by the Chief Operating Officer, placement of noninmate workers or the benefit on demand, except as otherwise specifi- the Board of Directors may, from time to time, payment of wages comparable to wages cally provided by law or regulation; consider proposals presented by prospective eli- ‘‘(2) to establish that inmates are employees gible entities. being paid outside the prison to non- for the purposes of any law or program; or (3) DEFINITION OF ELIGIBLE ENTITIES.—For the inmate workers of private firms that ‘‘(3) to establish any cause of action by or on purposes of this subsection, the term ‘‘eligible provide the same type of services. behalf of any inmate against the United States entity’’ means an entity— With this new interpretation that or any officer, employee, or contractor there- (A) that is an organization described in sec- came about as a result of a Department of.’’. tion 501(c)(3) of the Internal Revenue Code of

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00039 Fmt 7634 Sfmt 6333 E:\CR\FM\K06NO7.085 H06PT1 H10498 CONGRESSIONAL RECORD — HOUSE November 6, 2003

1986 and exempt from taxation under section AMENDMENT NO. 6 OFFERED BY MR. SCOTT OF of work during the various phases of the 501(a) of such Code and that has been such an VIRGINIA agreement; organization for a period of not less than 36 Mr. SCOTT of Virginia. Mr. Chair- ‘‘(4) the wage rates proposed to be paid to months prior to inclusion in a proposal of the man, I offer an amendment. various classes of inmate workers; and type described in paragraph (1), or The CHAIRMAN pro tempore. The ‘‘(5) the facilities, services and personnel (B) that is a religious organization described (other than correctional personnel dedicated in section 501(d) of such Code and exempt from Clerk will designate the amendment. to the security of the inmate workers) to be taxation under section 501(a) of such Code. The text of the amendment is as fol- furnished by Federal Prison Industries or the (4) AUTHORIZATION OF APPROPRIATIONS.— lows: Bureau of Prisons and the rates of reim- There are authorized to be appropriated Amendment No. 6 offered by Mr. SCOTT of bursement, if any, for such facilities, serv- $7,000,000 for each of the fiscal years 2004 Virginia: ices, and personnel. through 2008 for the purposes of paying the Page 29, insert after line 5 the following ‘‘(e) REPRESENTATIONS.— wages of inmates and otherwise carrying out new subsection (and redesignate subsequent ‘‘(1) ELEEMOSYNARY WORK ACTIVITIES.— programs of the type described in paragraph (1). subsections accordingly): Each proposed –agreement shall be accom- (c) MAXIMIZING INMATE REHABILITATIVE OP- (b) ADDITIONAL INMATE WORK OPPORTUNI- panied by a written certification by the chief PORTUNITIES THROUGH COGNITIVE ABILITIES AS- TIES THROUGH PUBLIC SERVICE ACTIVITIES.— executive officer of the eligible entity that— SESSMENTS.— (1) IN GENERAL.—Chapter 307 of title 18, ‘‘(A) the work to be performed by the in- (1) DEMONSTRATION PROGRAM AUTHORIZED.— United States Code, is further amended by mate workers will be limited to the eleemos- (A) IN GENERAL.—There is hereby established inserting after section 4124 the following new ynary work of such entity in the case of an within the Federal Bureau of Prisons a program section: entity described in paragraph (1) or (2) of to be known as the ‘‘Cognitive Abilities Assess- subsection (b); ‘‘§ 4124a. Additional inmate work opportuni- ment Demonstration Program’’. The purpose of ‘‘(B) the work would not be performed but ties through public service activities the demonstration program is to determine the for the ––availability of the inmate workers; effectiveness of a program that assesses the cog- ‘‘(a) IN GENERAL.—Inmates with work as- ‘‘(C) the work performed by the inmate nitive abilities and perceptual skills of Federal signments within Federal Prison Industries workers will not result, either directly or in- inmates to maximize the benefits of various re- may perform work for an eligible entity pur- directly, in the production of a new product habilitative opportunities designed to prepare suant to an agreement between such entity or the furnishing of a service that is to be of- each inmate for a successful return to society and the Inmate Work Training Adminis- fered for other than resale or donation by and reduce recidivism. The demonstration pro- trator in accordance with the requirements the eligible entity or any affiliate of the gram shall be undertaken by a contractor with of this section. such entity. a demonstrated record of enabling the behav- ‘‘(b) DEFINITION OF ELIGIBLE ENTITIES.—For ‘‘(2) PROTECTIONS FOR NON-INMATE WORK- ioral and academic improvement of adults the purposes of this section, the term ‘eligi- ERS.—Each proposed agreement shall also be through the use of research-based systems that ble entity’ means an entity— accompanied by a written certification by maximize the development of both the cognitive ‘‘(1) that is an organization described in the chief executive officer of the eligible en- and perceptual capabilities of a participating section 501(c)(3) of the Internal Revenue Code tity that— individual, including adults in a correctional of 1986 and exempt from taxation under sec- ‘‘(A) no non-inmate employee or volunteer setting. tion 501(a) of such Code and that has been of the eligible entity (or any affiliate of the (B) SCOPE OF DEMONSTRATION PROGRAM.—The such an organization for a period of not less entity) will have his or her job abolished or demonstration program shall to the maximum than 36 months prior to inclusion in an work hours reduced as a result of the entity extent practicable, be— agreement under this section; being authorized to utilize inmate workers; (i) conducted during a period of three con- ‘‘(2) that is a religious organization de- and secutive fiscal years, commencing during fiscal scribed in section 501(d) of such Code and ex- ‘‘(B) the work to be performed by the in- year 2004; empt from taxation under section 501(a) of mate workers will not supplant work cur- (ii) conducted at 12 Federal correctional insti- such Code; or rently being performed by a contractor of tutions; and ‘‘(3) that is a unit of local government, a the eligible entity. (iii) offered to 6,000 inmates, who are cat- school district, or another special purpose ‘‘(f) APPROVAL BY BOARD OF DIRECTORS.— egorized as minimum security or less, and are district. ‘‘(1) IN GENERAL.—Each such proposed within five years of release. ‘‘(c) INMATE WORK TRAINING ADMINIS- agreement shall be –presented to the Board (C) REPORT ON RESULTS OF PROGRAM.—Not TRATOR.— of Directors, be subject to the same opportu- later than 60 days after completion of the dem- ‘‘(1) The Federal Prison Industries Board of nities for public comment, and be publicly onstration program, the Director shall submit to Directors shall designate an entity as the In- considered and acted upon by the Board in a Congress a report on the results of the program. mate Work Training Administrator to ad- manner comparable to that required by para- At a minimum, the report shall include an anal- minister the work-based training program graphs (6) and (7) of section 4122(b). ysis of employment stability, stability of resi- authorized by this section. ‘‘(2) MATTERS TO BE CONSIDERED.—In deter- dence, and rates of recidivism among inmates ‘‘(2) In selecting the Inmate Work Training mining whether to approve a proposed agree- who participated in the program after 18 months Administrator, the Board of Directors shall ment, the Board shall— of release. select an entity— ‘‘(A) give priority to an agreement that (2) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) that is an organization described in There is authorized to be appropriated $3,000,000 provides inmate work opportunities that will section 501(c)(3) of the Internal Revenue Code in each of the three fiscal years after fiscal year provide participating inmates with the best of 1986 and exempt from taxation under sec- 2003, to remain available until expended, for the prospects of obtaining employment paying a tion 501(a) of such Code; and purposes of conducting the demonstration pro- livable wage upon release; ‘‘(B) that has demonstrated, for a period of gram authorized by subsection (a). ‘‘(B) give priority to an agreement that not less than 5 years, expertise in the theory (d) PRERELEASE EMPLOYMENT ASSISTANCE.— provides for maximum reimbursement for in- (1) IN GENERAL.—The Director of the Federal and practice of fostering inmate rehabilita- mate wages and for the costs of supplies and Bureau of Prisons shall, to the maximum extent tion through work-based programs in co- equipment needed to perform the types of practicable, afford to inmates opportunities to operation with private sector firms. work to be performed; participate in programs and activities designed ‘‘(3) With respect to the formation and per- ‘‘(C) not approve an agreement that will to help prepare such inmates to obtain employ- formance of an agreement authorized by this result in the displacement of non-inmate ment upon release. section, the Director of the Bureau of Pris- workers or volunteers contrary to the rep- (2) PRERELEASE EMPLOYMENT PLACEMENT AS- ons and the Chief Operating Officer of Fed- resentations required by subsection (e)(2) as SISTANCE.—Such prerelease employment place- eral Prison Industries shall be responsible determined by the Board or by the Attorney ment assistance required by subsection (a) shall only for— General (pursuant to subsection (i)); and include— ‘‘(A) maintaining appropriate institutional ‘‘(D) not approve an agreement that will (A) training in the preparation of resumes and and inmate security; and result, either directly or indirectly, in the job applications; ‘‘(B) matters relating to the selection and production of a new product or the fur- (B) training in interviewing skills; payment of participating inmates. nishing of a service for other than resale or (C) training and assistance in job search tech- ‘‘(d) PROPOSED AGREEMENTS.—An eligible donation. niques; entity seeking to enter into an agreement ‘‘(g) WAGE RATES AND DEDUCTIONS FROM IN- (D) conduct of job fairs; and pursuant to subsection (a) shall submit a de- MATE WAGES.— (E) such other methods deemed appropriate by tailed proposal to the Inmate Work Training ‘‘(1) IN GENERAL.—Inmate workers shall be the Director. Administrator. Each such agreement shall paid wages for work under the agreement at (3) PRIORITY PARTICIPATION.—Priority in pro- specify— a basic hourly rate to be negotiated between gram participation shall be accorded to inmates ‘‘(1) types of work to be performed; the eligible entity and Federal Prison Indus- who are participating in work opportunities af- ‘‘(2) the proposed duration of the agree- tries and specified in the agreement. The forded by Federal Prison Industries and are ment, specified in terms of a base year and wage rates set by the Director of the Federal within 24 months of release from incarceration. number of option years; Bureau of Prisons to be paid inmates for var- The CHAIRMAN pro tempore. Are ‘‘(3) the number of inmate workers ex- ious institutional work assignments are spe- there any amendments to section 10? pected to be employed in the specified types cifically authorized.

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.035 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10499

‘‘(2) PAYMENT TO INMATE WORKER AND AU- SEC. 11. ADDITIONAL PILOT AUTHORITIES FOR paid for work of a similar nature in the lo- THORIZED DEDUCTIONS.—Wages shall be paid INMATE WORK OPPORTUNITIES. cality in which the work is to be performed, and deductions taken pursuant to section (a) IN GENERAL.—Chapter 307 of title 18, but in no event less than the minimum wage 4122(b)(11)(C). United States Code, as amended by section 9, required pursuant to the Fair Labor Stand- ‘‘(3) VOLUNTARY PARTICIPATION BY IN- is further amended by adding at the end the ards Act (29 U.S.C. 201 et seq). The deter- MATE.—Each inmate worker to be utilized by following new section: mination of this wage rate shall be approved an eligible entity shall indicate in writing ‘‘§ 4131. Additional pilot authorities for in- by the Secretary of Labor or by the State or that such person— mate work opportunities local government entity with authority to ‘‘(A) is participating voluntarily; and ‘‘(a) PILOT AUTHORITIES.—Federal Prison approve such determinations. ‘‘(B) understands and agrees to the wages Industries may contract with private or pub- ‘‘(d) DEDUCTIONS FROM INMATE WAGES.—In- to be paid and deductions to be taken from lic sector entities for Federal inmates to mate wages paid by commercial companies such wages. produce products or perform services for shall be paid to the Corporation in the name and for the benefit of the Federal inmate. ‘‘(h) ASSIGNMENT TO WORK OPPORTUNI- those entities. Under these pilot authorities, Except as specified in subsection (e), the Cor- TIES.—Assignment of inmates to work under and pursuant to the terms and conditions poration may deduct, withhold, and disburse an approved agreement with an eligible enti- specified in section 4122, Federal inmates from the gross wages paid to inmates, aggre- ty shall be subject to the Bureau of Prisons may, under the direct supervision of Federal gate amounts of not less than 50 percent and Program Statement Number 1040.10 (Non- Prison Industries staff— not more than 80 percent of gross wages for— Discrimination Toward Inmates), as con- ‘‘(1) produce products or perform services ‘‘(1) applicable taxes (Federal, State, and tained in section 551.90 of title 28 of the Code for commercial companies which have been local); of Federal Regulations (or any successor doc- otherwise produced or performed for the ‘‘(2) payment of fines, special assessments, ument). companies by foreign labor outside the and any other restitution owed by the in- United States for at least 3 years before the ‘‘(i) ENFORCEMENT OF PROTECTIONS FOR mate worker pursuant to court order; proposed effective date of the business agree- NON-INMATE WORKERS.— ‘‘(3) payment of additional restitution for ment; ‘‘(1) CONSULTATION WITH SECRETARY OF victims of the inmate’s crimes (at a rate not ‘‘(2) produce products or perform services LABOR.—The Attorney General shall carry less than 10 percent of gross wages); for commercial companies which would oth- out this subsection in consultation with the ‘‘(4) allocations for support of the inmate’s erwise be performed for the companies by do- Secretary of Labor. family pursuant to statute, court order, or mestic labor, if available; or ‘‘(2) PRIOR TO BOARD CONSIDERATION.—Upon agreement with the inmate; ‘‘(3) produce products or perform services request of any interested person, the Attor- ‘‘(5) allocations to a fund in the inmate’s for not-for-profit agencies in support of the ney General may promptly verify a certifi- name to facilitate such inmate’s assimila- charitable activities of those agencies. cation made pursuant subsection (e)(2) with tion back into society, payable at the con- ‘‘(b) LIMITATIONS ON USE OF AUTHORITIES.— respect to the displacement of non-inmate clusion of incarceration; (1) Federal Prison Industries is prohibited workers so as to make the results of such in- ‘‘(6) such other deductions as may be speci- from directly offering for commercial sale quiry available to the Board of Directors fied by the Board of Directors. products produced or services furnished by prior to the Board’s consideration of the pro- ‘‘(e) EXCEPTION FOR HIGHER DEDUCTIONS.— posed agreement. The Attorney General and Federal inmates, including through any form The aggregate deduction authorized in sub- the person requesting the inquiry may make of electronic commerce. section (d) may, with the written consent of recommendations to the Board regarding ‘‘(2) The number of Federal inmates work- an inmate, exceed the maximum limitation, modifications to the proposed agreement. ing under the pilot authority provided in if the amounts in excess of such limitation ‘‘(3) DURING PERFORMANCE.— subsection (a)(1) shall not exceed— are for the purposes described in paragraphs ‘‘(A) IN GENERAL.—Whenever the Attorney ‘‘(A) 4,000 during fiscal year 2005; (4) or (5) of that subsection. General deems appropriate, upon request or ‘‘(B) 8,000 during fiscal year 2006; ‘‘(f) CONVERSIONS.—Commercial market otherwise, the Attorney General may verify ‘‘(C) 12,000 during fiscal year 2007; services authorized by the Federal Prison In- whether the actual performance of the agree- ‘‘(D) 16,000 during fiscal year 2008; dustries Board of Directors and being pro- ment is resulting in the displacement of non- ‘‘(E) 20,000 during fiscal year 2009; or vided by Federal Prison Industries on the inmate workers or the use of inmate workers ‘‘(F) 25 percent of the work-eligible Federal date of enactment of this section may be in a work activity not authorized under the inmate population in any fiscal year begin- continued until converted to a private sector approved agreement. ning after September 30, 2008. contract pursuant to the authority in this ‘‘(B) SANCTIONS.—Whenever the Attorney ‘‘(3) The number of Federal inmates work- Act. The Board of Directors of Federal Pris- General determines that performance of the ing under the pilot authority provided in on Industries shall ensure these conversions agreement has resulted in the displacement subsection (a)(3) shall not exceed— occur at the earliest practicable date. of non-inmate workers or employment of an ‘‘(A) 2,000 during fiscal year 2005; ‘‘(g) PROPOSALS FROM PRIVATE COMPA- inmate worker in an unauthorized work ac- ‘‘(B) 4,000 during fiscal year 2006; NIES.—Federal Prison Industries may solicit, tivity, the Attorney General may— ‘‘(C) 6,000 during fiscal year 2007; receive and approve proposals from private ‘‘(i) direct the Inmate Work Training Ad- ‘‘(D) 8,000 during fiscal year 2008; companies for Federal inmate work opportu- ministrator to terminate the agreement for ‘‘(E) 10,000 during fiscal year 2009; or nities. Federal Prison Industries shall estab- default, subject to the processes and appeals ‘‘(F) 10 percent of the work eligible Federal lish and publish for comment criteria to be available to a Federal contractor whose pro- inmate population in any fiscal year begin- used in evaluating and approving such pro- curement contract has been terminated for ning after September 30, 2009. posals. In developing criteria, priority shall default; and ‘‘(c) INMATE WAGES.— be given to those proposals which offer Fed- ‘‘(ii) initiate proceedings to impose upon ‘‘(1) IN GENERAL.—Each Federal inmate eral inmates the highest wages, the most the person furnishing the certification re- worker participating in industrial operations marketable skills, and the greatest prospects garding non-displacement of non-inmate authorized by the Corporation shall be paid for post-release reintegration. workers required by subsection (d)(2)(B) any at a wage rate prescribed by the Board of Di- ‘‘(h) APPROVAL OF PROPOSALS.—The Board administrative, civil, and criminal sanctions rectors. The Director of the Federal Bureau must approve all proposals in advance of as may be available.’’. of Prisons shall prescribe the wage rates for their implementation. (2) AUTHORIZATION OF APPROPRIATION.— other Federal inmate work assignments ‘‘(i) CONTENT OF PROPOSALS.—Any business There is authorized to be appropriated within the various Federal correctional in- or eligible not-for-profit entity seeking to $5,000,000 for each of the fiscal years 2004 stitutions. The Board shall give priority to contract with Federal Prison Industries for through 2008 for the purposes of paying the approving Federal inmate work opportuni- Federal inmate workforce participation shall wages of inmates and otherwise undertaking ties which maximize inmate earnings. In- submit a detailed proposal to the Chief Oper- the maximum number of agreements with el- mate wage rates shall be reviewed by the ating Officer of Federal Prison Industries. igible entities pursuant to section 4124a of Board at least biannually. Each such proposal shall specify— title 18, United States Code, as added by ‘‘(2) WORK PURSUANT TO SUBSECTION (a)(1).— ‘‘(1) the product or service to be produced paragraph (1). For Federal inmate work performed for com- or furnished; (3) CLERICAL AMENDMENT.—The table of mercial companies pursuant to subsection ‘‘(2) the proposed duration of the business sections for chapter 307 of title 18, United (a)(1), the wage rate paid to Federal inmates agreement, specified in terms of a base pe- States Code, is amended by inserting after must be the Federal Prison Industries wage riod and number of option period; the item relating to section 4124 the fol- rate in effect on the date of the enactment of ‘‘(3) the number of Federal inmate workers lowing new item: this section or twice the rate paid for work expected to be employed during the various of a similar nature in the foreign locality in phases of the agreement; ‘‘4124a. Additional inmate work opportuni- which the work would otherwise be per- ‘‘(4) the number of foreign workers, if any, ties through public service ac- formed, whichever is higher. outside the United States currently per- tivities.’’. ‘‘(3) WORK PURSUANT TO SUBSECTION (a)(2).— forming for the proposing entity the work Page 36, insert after line 5 the following For work performed by Federal inmates pur- proposed for performance by Federal inmate (and redesignate subsequent subsections and suant to subsection (a)(2), the wage rate paid workers, and the wage rates paid to those clerical amendments accordingly): to inmates shall be not less than the rate workers;

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.038 H06PT1 H10500 CONGRESSIONAL RECORD — HOUSE November 6, 2003 ‘‘(5) the wage rates proposed to be paid to the proposal directly to the Board of Direc- ‘‘(4) Whenever the Attorney General deter- various classes of Federal inmate workers, at tors. mines that performance of the agreement not less than the rates required by sub- ‘‘(2) COPIES.—The Board of Directors shall has resulted in the displacement of non- section (c); and be provided copies of all comments received inmate workers or the payment of Federal ‘‘(6) the facilities, services and personnel on the proposal. inmate workers at less than the required (other than correctional personnel dedicated ‘‘(3) REVISED PROPOSAL.—Based on the com- wage rates, the Attorney General may— to the security of the inmate workers) to be ments received on the initial business pro- ‘‘(A) direct the Chief Operating Officer of furnished by the Federal Prison Industries or posal, the business or nonprofit entity or the Corporation to terminate the agreement the Bureau of Prisons and the rates of reim- Federal Prison Industries Chief Operating for default, subject to the processes and ap- bursement for such facilities, services, and Officer may provide the Board of Directors a peals available to a Federal contractor personnel, if any. revised proposal. If the revised proposal pre- whose procurement contract has been termi- ‘‘(j) WRITTEN CERTIFICATION FOR PROPOSED sents new issues or potential effects on the nated for default; COMMERCIAL BUSINESS AGREEMENT.—Each private sector which were not addressed in ‘‘(B) direct that the Federal inmate work- proposed commercial business agreement the original proposal and comments received ers be retroactively paid the wages that were shall be accompanied by a written certifi- thereon, the Board shall provide another due; and cation by the chief executive officer of the public notice and comment opportunity pur- ‘‘(C) initiate proceedings to impose upon business entity proposing the agreement suant to paragraph (1). the person furnishing the certifications made that— ‘‘(4) OPEN MEETING.—The Board of Direc- pursuant to subsection (j), any administra- ‘‘(1) no noninmate employee of the busi- tors shall consider all inmate work oppor- tive, civil, and criminal sanctions as may be ness (or any affiliate) working within the tunity proposals submitted and take any ac- available.’’. United States will have their job abolished tion with respect to such proposals, during a (b) CLERICAL AMENDMENT.—The table of or their work hours reduced as a direct re- meeting that is open to the public, unless sections for chapter 307 of title 18, United sult of the agreement; closed pursuant to section 552(b) of title 5. States Code, is amended by adding at the end ‘‘(2) inmate workers will be paid wages at ‘‘(m) BOARD APPROVAL.—(1) In determining the following new item: rates in accordance with subsection (c); and whether to approve a proposed business ‘‘(3) any domestic workforce reductions agreement for Federal inmate work opportu- ‘‘4131. Additional pilot authorities for inmate carried out by the business entity affecting nities, the Board shall— work opportunities.’’. employees performing work comparable to ‘‘(A) not approve any agreement that Mr. SCOTT of Virginia. Mr. Chair- the work being performed by inmates pursu- would result in the displacement of non- man, the first item of this amendment ant to the agreement shall first apply to in- inmate workers contrary to the certifi- was developed and agreed to recently mate workers employed pursuant to the cations required in subsections (j) and(k) or with the proponents of the bill. It is a agreement. pay less than the wages required by sub- ‘‘(k) WRITTEN CERTIFICATION FOR PROPOSED section (c). proposal to authorize FPI to develop a AGREEMENT WITH NOT-FOR-PROFIT ENTITY.— ‘‘(B) not approve an agreement which the specific program for inmates to Each proposed agreement with an eligible Board determines contains terms and condi- produce goods and provide services for not-for-profit entity shall be accompanied by tions which would subject domestic non- charitable organizations. Although I a written certification by the chief executive inmate workers to unfair competition; fear that the funds authorized to de- officer of the eligible entity that— ‘‘(C) request a determination from the velop the project may not be ever ap- ‘‘(1) the work to be performed by the in- International Trade Commission, the De- propriated, if the funds are appro- mate workers will be limited to the eleemos- partment of Commerce or such other Execu- ynary work of such entity; tive Branch entities as may be appropriate, priated, I see it as a way of providing, ‘‘(2) the work would not be performed on a whenever the Board questions the represen- for some of the inmates, work opportu- compensated basis but for the availability of tations by a commercial company or a not- nities to compensate for the jobs lost the inmate workers; for-profit entity regarding whether a par- by the passage of this bill. ‘‘(3) the work performed by the inmate ticular product or service has been produced So I have included that provision workers will not result, either directly or in- by foreign labor outside the United States along with other pilot projects that I directly, in the production of a product or for the commercial company or not-for prof- believe should be examined for their it entity for at least 3 years before the pro- the furnishing of a service that is to be of- potential to make up for the job loss as fered for commercial sale by the eligible en- posed effective date of the business agree- tity or any affiliate of such entity; ment; well. ‘‘(4) no noninmate employees of the eligi- ‘‘(D) not approve an agreement which Mr. Chairman, the other parts of the ble entity (or any affiliate of the entity) will would cause Federal Prison Industries sales amendment are as follows. There is an have their job abolished or their work hours revenue derived from any specific industry offshore repatriation, there is a Fed- reduced as a result of the entity entering to exceed 50 percent of Federal Prison Indus- eral Prison Industry enhancement, and into an agreement to utilize inmate workers; tries total revenue. a not-for-profit provision. These provi- and ‘‘(E) not approve any agreement which pro- vides for direct supervision of Federal in- sions are not new to the proponents of ‘‘(5) the work to be performed by the in- the bill. In the last Congress, the sup- mate workers will not supplant work cur- mate workers by non-Federal Prison Indus- rently being performed by a contractor of tries employees; and porters of the bill and the opponents of the eligible entity. ‘‘(H) not approve any agreement which the bill, along with their staffs and ‘‘(l) PUBLIC NOTICE AND COMMENT.— would provide for products or services pro- along with the staff of FPI, worked to ‘‘(1) IN GENERAL.—The Board shall make duced by Federal inmates to be sold to agen- develop a compromise proposal on var- reasonable attempts to provide opportunities cies of State government without the writ- ious parts of the bill restructuring FPI for notice and comment to the widest audi- ten consent of the Governor or designee. ‘‘(n) REVIEW AND ENFORCEMENT.—(1) The to present to the rest of us. ence of potentially interested parties as A compromise proposal was devel- practicable. At a minimum, the Board Attorney General shall carry out this sub- shall— section in consultation with the Secretary of oped and many of the elements agreed ‘‘(A) give notice of a proposed business Labor. to are reflected in the bill before us. agreement on the Corporation’s web site and ‘‘(2) Upon request of any interested person, These pilot authorities would complete the Attorney General may promptly verify a in a publication designed to most effectively the rest of the compromise proposal certification pursuant to subsection (j)(1) provide notice to private businesses and with respect to the displacement of non- that we appeared to agree on last year. labor unions representing private sector inmate workers or a certification with re- Specifically, on the offshore repatri- workers who could reasonably be expected to spect to the wages proposed to be paid Fed- ation provision, FPI would be author- be affected by approval of the proposed eral inmate workers pursuant to subsection ized to produce commercial market agreement, which notice shall offer to fur- (j)(2) so as to make the results of such in- nish copies of the proposal (excluding any items for private companies to sell and quiry available to the Board of Directors distribute which have been produced proprietary information) and chief executive prior to the Board’s consideration of the pro- certifications and shall solicit comments on posed agreement. The Attorney General and offshore for at least 3 years, provided same; the person requesting the inquiry may make inmates are paid at least twice the for- ‘‘(B) solicit comments on the business pro- recommendations to the Board regarding eign market wage for producing the posal from trade associations representing modifications to the proposed agreement. product. This is to ensure that the businesses and labor unions representing ‘‘(3) Whenever the Attorney General deems lower wage is not the focus of the pilot, workers who could reasonably be expected to appropriate, the Attorney General may and also provides for protections for be affected by approval of the proposal; and verify whether the actual performance of the ‘‘(C) afford an opportunity, on request, for agreement is resulting in the displacement any businesses or workers engaged in a representative of an established trade asso- of noninmate workers and whether the wages the production of these products in the ciation, labor union, or other representatives being paid the Federal inmate workers meet United States, including a challenging of private industry to present comments on the standards of subsection (c). procedure which would halt production

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.038 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10501 if any product that a business or work- for Americans, such as the truck driv- Mr. Chairman, my goal is to make er could show is actually being pro- ers who bring the supplies to the pris- sure that we have the provision of sig- duced, or has been produced in the on, the people who supply the plastics nificant job opportunities for prisoners United States in the past 3 years. and the wire, whatever the case may that will reduce crime. FPI does it The other provision is Federal PIE. be. with no cost. The gentleman from FPI would be authorized to produce b 1445 Michigan has suggested by his assur- items for the domestic commercial ances that we might be able to come up market provided inmates are paid pre- This would create jobs, and it would with alternatives that will actually vailing domestic market wages. This be almost like the reintroduction of provide jobs another way and reduce these companies and these industries would allow FPI to pilot a program costs. It might cost something. But I that have long ago left the United similar to the Federal Prison Indus- think the main focus ought to be the States, to bring them back in. This tries Enhancement programs, or PIE, provision of jobs so we can reduce could be a very, very powerful amend- already in operation under Federal law crime. It has been proven that these ment that would help our economy cre- for State Prison Industries programs programs reduce crime. ate jobs, rehabilitate prisons, but cre- but not for the Federal Prison Industry With the gentleman’s assurance that ate jobs by the people who make the program. Under this program, FPI we can work together and possibly supplies and make whatever. There are would be allowed to pilot the produc- none. If you go out today and search, come up with some accommodation to tion of products or services for which you cannot find a television set that is replace the jobs that may be lost in the there is not a domestic labor force made in the United States. Maybe the underlying bill, I will ask to withdraw available. There are also strong protec- prisoners could make television sets the amendment. tions against American worker dis- not in competition with any American Mr. Chairman, I ask unanimous con- placements in this pilot. And again, company, which would really make a sent to withdraw the amendment. the language is the language developed tremendous difference. The CHAIRMAN pro tempore (Mr. by representatives of three Members I strongly urge the support of the SHIMKUS). Without objection, the working with FPI staff. Scott amendment which would really amendment is withdrawn. There is a not-for-profit provision. make a big difference in rehabilitation, There was no objection. This involves producing goods or serv- both with regard to our economy and AMENDMENT OFFERED BY MR. HOEKSTRA ices for not-for-profits at a negotiated also helping prisoners and helping cre- Mr. HOEKSTRA. Mr. Chairman, I rate that would not otherwise be paid ate jobs here in the United States. offer an amendment. for by nonprofits or done by noninmate Mr. HOEKSTRA. Mr. Chairman, I The Clerk read as follows: workers for pay. move to strike the requisite number of Amendment offered by Mr. HOEKSTRA: During the pilot programs this words. amendment would authorize, there Page 29, after line 5, insert the following Reluctantly I rise in opposition to new subsection (and redesignate subsequent would be extensive input from the the amendment. This is something that subsections in section 10 accordingly): International Trade Commission and my colleagues and I have been working (b) ADDITIONAL INMATE WORK OPPORTUNI- the Department of Labor. Any activity on for a long period of time. The chair- TIES THROUGH PUBLIC SERVICE ACTIVITIES.— under them would be reported to the man and I were talking as the debate (1) IN GENERAL.—Chapter 307 of title 18, public and any potential affected par- was going on. We do believe that there United States Code, is further amended by ties for comment. All actions taken by is some way to work through this proc- inserting after section 4124 the following new FPI relative to the projects would be ess. The amendment as it is structured section: done in public meetings. right now we are not comfortable with, ‘‘§ 4124a. Additional inmate work opportuni- We are talking about pilot programs but we want to work with the gen- ties through public service activities for proposals. If the pilots do not work tleman from Virginia (Mr. SCOTT), and ‘‘(a) IN GENERAL.—Inmates with work as- or create programs, as some have ex- we want to work with the gentleman signments within Federal Prison Industries pressed, then we could simply put a from Virginia (Mr. WOLF) on fully ex- may perform work for an eligible entity pur- stop to them. But if we are going to ploring this. We believe that there is a suant to an agreement between such entity and the Inmate Work Training Adminis- take away jobs, if we are going to take reasonable expectation that as this bill away the only reliable basis the prison trator in accordance with the requirements moves through the Senate, whatever, of this section. system has had to ensure real work op- we are going to be able to reach some ‘‘(b) DEFINITION OF ELIGIBLE ENTITIES.—For portunities for prisoners because one- kind of an accommodation that we can the purposes of this section, the term ‘eligi- fourth of 1 percent of the Federal pro- all feel good about. Because, again, as ble entity’ means an entity— curement expenditures are deemed too the gentleman from Virginia (Mr. ‘‘(1) that is an organization described in much of a market share for a program SCOTT) and I and the gentleman from section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under sec- which has been proven to reduce crime, Virginia (Mr. WOLF) and I have talked, it would be irresponsible for us to not I really appreciate the tone and the tion 501(a) of such Code and that has been at least test other ways to give the such an organization for a period of not less tenor of the debate today, because we than 36 months prior to inclusion in an program some actual continued reli- do share the same vision, we do share a agreement under this section; ability. I would hope that my col- lot of the same strategies for where we ‘‘(2) that is a religious organization de- leagues would support the amendment. want to go. We do have a lot of things scribed in section 501(d) of such Code and ex- Mr. WOLF. Mr. Chairman, I rise in in common in this bill. You can see empt from taxation under section 501(a) of strong support of the Scott amend- that by the different people that have such Code; or ment. been working together and have been ‘‘(3) that is a unit of local government, a Mr. Chairman, it could really make participating in the debate. school district, or another special purpose district. all of the difference in the world with As the gentleman from Virginia (Mr. regard to this bill. So Members under- ‘‘(c) INMATE WORK TRAINING ADMINIS- WOLF) said, reaching an agreement on TRATOR.— stand what it is, basically these are this really would make a world of dif- ‘‘(1) The Federal Prison Industries Board of goods that are no longer made in the ference if we can reach an accommoda- Directors shall designate an entity as the In- United States. For instance, television tion. We would not have some of the mate Work Training Administrator to ad- sets. There are no television sets made disagreements we are having today. I minister the work-based training program in the U.S., or the automatic car lock- am committed to working with these authorized by this section. er that we have. Most of them, I have gentlemen on getting a resolution to ‘‘(2) In selecting the Inmate Work Training been told, are made in China. Administrator, the Board of Directors shall this. select an entity— This would say only goods that are Mr. SCOTT of Virginia. Mr. Chair- made outside of the United States ‘‘(A) that is an organization described in man, will the gentleman yield? section 501(c)(3) of the Internal Revenue Code would be repatriated back and could be Mr. HOEKSTRA. I yield to the gen- of 1986 and exempt from taxation under sec- made in prisons. This would create ad- tleman from Virginia. tion 501(a) of such Code; and ditional jobs and competition with for- Mr. SCOTT of Virginia. I thank the ‘‘(B) that has demonstrated, for a period of eign companies, and also create jobs gentleman for yielding. not less than 5 years, expertise in the theory

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.090 H06PT1 H10502 CONGRESSIONAL RECORD — HOUSE November 6, 2003

and practice of fostering inmate rehabilita- mate wages and for the costs of supplies and (2) AUTHORIZATION OF APPROPRIATION.— tion through work-based programs in co- equipment needed to perform the types of There is authorized to be appropriated operation with private sector firms. work to be performed; $5,000,000 for each of the fiscal years 2004 ‘‘(3) With respect to the formation and per- ‘‘(C) not approve an agreement that will through 2008 for the purposes of paying the formance of an agreement authorized by this result in the displacement of non-inmate wages of inmates and otherwise undertaking section, the Director of the Bureau of Pris- workers or volunteers contrary to the rep- the maximum number of agreements with el- ons and the Chief Operating Officer of Fed- resentations required by subsection (e)(2) as igible entities pursuant to section 4124a of eral Prison Industries shall be responsible determined by the Board or by the Secretary title 18, United States Code, as added by only for— of Labor (pursuant to subsection (i)); and paragraph (1). ‘‘(A) maintaining appropriate institutional ‘‘(D) not approve an agreement that will (3) CLERICAL AMENDMENT.—The table of and inmate security; and result, either directly or indirectly, in the sections for chapter 307 of title 18, United ‘‘(B) matters relating to the selection and production of a new product or the fur- States Code, is amended by inserting after payment of participating inmates. nishing of a service for other than resale or the item relating to section 4124 the fol- ‘‘(d) PROPOSED AGREEMENTS.—An eligible donation. lowing new item: entity seeking to enter into an agreement ‘‘(g) WAGE RATES AND DEDUCTIONS FROM IN- ‘‘4124a. Additional inmate work opportuni- pursuant to subsection (a) shall submit a de- MATE WAGES.— ties through public service ac- tailed proposal to the Inmate Work Training ‘‘(1) IN GENERAL.—Inmate workers shall be tivities.’’. Administrator. Each such agreement shall paid wages for work under the agreement at specify— Mr. HOEKSTRA (during the reading). a basic hourly rate to be negotiated between ‘‘(1) types of work to be performed; Mr. Chairman, I ask unanimous con- the eligible entity and Federal Prison Indus- ‘‘(2) the proposed duration of the agree- tries and specified in the agreement. The sent that the amendment be considered ment, specified in terms of a base year and wage rates set by the Director of the Federal as read and printed in the RECORD. number of option years; Bureau of Prisons to be paid inmates for var- The CHAIRMAN pro tempore. Is ‘‘(3) the number of inmate workers ex- ious institutional work assignments are spe- there objection to the request of the pected to be employed in the specified types cifically authorized. gentleman from Michigan? of work during the various phases of the AYMENT TO INMATE WORKER AND AU- agreement; ‘‘(2) P There was no objection. ‘‘(4) the wage rates proposed to be paid to THORIZED DEDUCTIONS.—Wages shall be paid Mr. HOEKSTRA. Mr. Chairman, this various classes of inmate workers; and and deductions taken pursuant to section amendment again addresses the issue ‘‘(5) the facilities, services and personnel 4122(b)(11)(C). that we have been working with the ‘‘(3) VOLUNTARY PARTICIPATION BY IN- (other than correctional personnel dedicated gentleman from Virginia (Mr. SCOTT), to the security of the inmate workers) to be MATE.—Each inmate worker to be utilized by the gentleman from Virginia (Mr. furnished by Federal Prison Industries or the an eligible entity shall indicate in writing that such person— WOLF) and others on to ensure that Bureau of Prisons and the rates of reim- workers are engaged in productive and bursement, if any, for such facilities, serv- ‘‘(A) is participating voluntarily; and ices, and personnel. ‘‘(B) understands and agrees to the wages constructive work activities. What this ‘‘(e) REPRESENTATIONS.— to be paid and deductions to be taken from amendment does is it further expands ‘‘(1) ELEEMOSYNARY WORK ACTIVITIES.— such wages. the inmate work opportunities in con- Each proposed –agreement shall be accom- ‘‘(h) ASSIGNMENT TO WORK OPPORTUNI- junction with not-for-profit organiza- panied by a written certification by the chief TIES.—Assignment of inmates to work under tions. As I explained earlier today, the executive officer of the eligible entity that— an approved agreement with an eligible enti- bill allows for some partnering, but ‘‘(A) the work to be performed by the in- ty shall be subject to the Bureau of Prisons Program Statement Number 1040.10 (Non- what this does now is it expands the mate workers will be limited to the eleemos- partnership capabilities and also pro- ynary work of such entity in the case of an Discrimination Toward Inmates), as con- entity described in paragraph (1) or (2) of tained in section 551.90 of title 28 of the Code vides funding for those activities to subsection (b); of Federal Regulations (or any successor doc- take place. ‘‘(B) the work would not be performed but ument). Mr. SENSENBRENNER. Mr. Chair- for the ––availability of the inmate workers; ‘‘(i) ENFORCEMENT OF PROTECTIONS FOR man, will the gentleman yield? ‘‘(C) the work performed by the inmate NON-INMATE WORKERS.— Mr. HOEKSTRA. I yield to the gen- workers will not result, either directly or in- ‘‘(1) PRIOR TO BOARD CONSIDERATION.—Upon tleman from Wisconsin. directly, in the production of a new product request of any interested person, the Sec- Mr. SENSENBRENNER. Mr. Chair- or the furnishing of a service that is to be of- retary of Labor may promptly verify a cer- man, I am pleased to support this fered for other than resale or donation by tification made pursuant subsection (e)(2) amendment. There has been a program with respect to the displacement of non-in- the eligible entity or any affiliate of the that has been operational in the State such entity. mate workers so as to make the results of ‘‘(2) PROTECTIONS FOR NON-INMATE WORK- such inquiry available to the Board of Direc- of Ohio that has worked out very well, ERS.—Each proposed agreement shall also be tors prior to the Board’s consideration of the and I think we ought to expand that accompanied by a written certification by proposed agreement. The Secretary and the success to the Federal prison system. the chief executive officer of the eligible en- person requesting the inquiry may make rec- This amendment makes a constructive tity that— ommendations to the Board regarding modi- addition to the bill. ‘‘(A) no non-inmate employee or volunteer fications to the proposed agreement. Mr. HOEKSTRA. I thank the chair- of the eligible entity (or any affiliate of the ‘‘(2) DURING PERFORMANCE.— man for that endorsement. entity) will have his or her job abolished or ‘‘(A) IN GENERAL.—Whenever the Secretary Mr. SCOTT of Virginia. Mr. Chair- work hours reduced as a result of the entity deems appropriate, upon request or other- wise, the Secretary may verify whether the man, I move to strike the last word. being authorized to utilize inmate workers; Mr. Chairman, as I indicated in my and actual performance of the agreement is re- ‘‘(B) the work to be performed by the in- sulting in the –displacement of non-inmate remarks, this would be part of the mate workers will not supplant work cur- workers or the use of inmate workers in –a amendment that I just withdrew. This rently being performed by a contractor of work activity not authorized under the ap- would actually provide meaningful job the eligible entity. proved agreement. opportunities for inmates. It would ‘‘(f) APPROVAL BY BOARD OF DIRECTORS.— ‘‘(B) SANCTIONS.—Whenever the Secretary therefore reduce crime. It has the ‘‘(1) IN GENERAL.—Each such proposed determines that performance of the agree- added advantage, it would help non- agreement shall be –presented to the Board ment has resulted in the displacement of profit charitable organizations get of Directors, be subject to the same opportu- non-inmate workers or employment of an in- nities for public comment, and be publicly mate worker in an unauthorized work activ- goods and services they may not be considered and acted upon by the Board in a ity, the Secretary may— able to get. It does not have the advan- manner comparable to that required by para- ‘‘(i) direct the Inmate Work Training Ad- tage that it is paid for by itself. We graphs (6) and (7) of section 4122(b). ministrator to terminate the agreement for would have to appropriate funds. But ‘‘(2) MATTERS TO BE CONSIDERED.—In deter- default, subject to the processes and appeals because it accomplishes all of the goals mining whether to approve a proposed agree- available to a Federal contractor whose pro- that we all have stated as goals for the ment, the Board shall— curement contract has been terminated for prison industries program, I would ‘‘(A) give priority to an agreement that default; and hope that we would adopt this amend- provides inmate work opportunities that will ‘‘(ii) initiate proceedings to impose upon provide participating inmates with the best the person furnishing the certification re- ment. prospects of obtaining employment paying a garding non-displacement of non-inmate The CHAIRMAN pro tempore. The livable wage upon release; workers required by subsection (d)(2)(B) any question is on the amendment offered ‘‘(B) give priority to an agreement that administrative, civil, and criminal sanctions by the gentleman from Michigan (Mr. provides for maximum reimbursement for in- as may be available.’’. HOEKSTRA).

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.036 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10503 The amendment was agreed to. the advance approval of the Chairperson of the ‘‘(1) a statement of the amount of obligations The CHAIRMAN pro tempore. Are Board, while otherwise away from their homes issued under section 4129(a)(1) of this title dur- there further amendments to section or regular places of business for purposes of du- ing the fiscal year; ‘‘(2) an estimate of the amount of obligations 10? ties as a member of the Board. ‘‘(8)(A) The Chairperson of the Board may ap- that will be issued in the following fiscal year; If not, the Clerk will designate sec- point and terminate any personnel that may be ‘‘(3) an analysis of— tion 11. necessary to enable the Board to perform its du- ‘‘(A) the corporation’s total sales for each spe- The text of section 11 is as follows: ties. cific product and type of service sold to the Fed- SEC. 11. RESTRUCTURING THE BOARD OF DIREC- ‘‘(B) Upon request of the Chairperson of the eral agencies and the commercial market; TORS. Board, a Federal agency may detail a Federal ‘‘(B) the total purchases by each Federal Section 4121 of title 18, United States Code, is Government employee to the Board without re- agency of each specific product and type of amended to read as follows: imbursement. Such detail shall be without inter- service; ‘‘(C) the corporation’s share of such total Fed- ruption or loss of civil service status or privilege. ‘‘§ 4121. Federal Prison Industries; Board of eral Government purchases by specific product ‘‘(9) The Chairperson of the Board may pro- Directors: executive management and type of service; and cure temporary and intermittent services under ‘‘(a) Federal Prison Industries is a govern- ‘‘(D) the number and disposition of disputes section 3109(b) of title 5, United States Code. submitted to the heads of the Federal depart- ment corporation of the District of Columbia or- ‘‘(c) The Director of the Bureau of Prisons ganized to carry on such industrial operations ments and agencies pursuant to section 4124(e) shall serve as Chief Executive Officer of the Cor- of this title; in Federal correctional institutions as author- poration. The Director shall designate a person ized by its Board of Directors. The manner and ‘‘(4) an analysis of the inmate workforce that to serve as Chief Operating Officer of the Cor- includes— extent to which such industrial operations are poration.’’. carried on in the various Federal correctional ‘‘(A) the number of inmates employed; ‘‘(B) the number of inmates utilized to institutions shall be determined by the Attorney The CHAIRMAN pro tempore. Are produce products or furnish services sold in the General. there any amendments to section 11? commercial market; ‘‘(b)(1) The corporation shall be governed by a If not, the Clerk will designate sec- ‘‘(C) the number and percentage of employed board of 11 directors appointed by the President. tion 12. inmates by the term of their incarceration; and ‘‘(2) In making appointments to the Board, The text of section 12 is as follows: ‘‘(D) the various hourly wages paid to inmates the President shall assure that 3 members rep- SEC. 12. PROVIDING ADDITIONAL MANAGEMENT employed with respect to the production of the resent the business community, 3 members rep- FLEXIBILITY TO FEDERAL PRISON various specific products and types of services resent organized labor, 1 member shall have spe- INDUSTRIES OPERATIONS. authorized for production and sale to Federal cial expertise in inmate rehabilitation tech- Section 4122(b)(3) of title 18, United States agencies and in the commercial market; and niques, 1 member represents victims of crime, 1 Code, is amended— ‘‘(5) data concerning employment obtained by member represents the interests of Federal in- (1) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’; former inmates upon release to determine mate workers, and 2 additional members whose and whether the employment provided by Federal background and expertise the President deems (2) by adding at the end the following new Prison Industries during incarceration provided appropriate. The members of the Board rep- paragraphs: such inmates with knowledge and skill in a resenting the business community shall include, ‘‘(B) Federal Prison Industries may locate trade or occupation that enabled such former to the maximum extent practicable, representa- more than one workshop at a Federal correc- inmate to earn a livelihood upon release. tion of firms furnishing services as well as firms tional facility. ‘‘(c) PUBLIC AVAILABILITY.—Copies of an an- producing products, especially from those indus- ‘‘(C) Federal Prison Industries may operate a nual report under subsection (a) shall be made try categories from which Federal Prison Indus- workshop outside of a correctional facility if all available to the public at a price not exceeding tries derives substantial sales. The members of of the inmates working in such workshop are the cost of printing the report.’’. the Board representing organized labor shall, to classified as minimum security inmates.’’. The CHAIRMAN pro tempore. Are the maximum practicable, include representa- The CHAIRMAN pro tempore. Are there any amendments to section 14? tion from labor unions whose members are likely there any amendments to section 12? If not, the Clerk will designate sec- to be most affected by the sales of Federal Pris- If not, the Clerk will designate sec- tion 15. on Industries. The text of section 15 is as follows: ‘‘(3) Each member shall be appointed for a tion 13. term of 5 years, except that of members first ap- The text of section 13 is as follows: SEC. 15. INDEPENDENT STUDY TO DETERMINE THE EFFECTS OF ELIMINATING THE SEC. 13. TRANSITIONAL PERSONNEL MANAGE- pointed— FEDERAL PRISON INDUSTRIES MAN- MENT AUTHORITY. ‘‘(A) 2 members representing the business com- DATORY SOURCE AUTHORITY. munity shall be appointed for a term of 3 years; Any correctional officer or other employee of (a) STUDY REQUIRED.—The Comptroller Gen- ‘‘(B) 2 members representing labor shall be ap- Federal Prison Industries being paid with non- eral shall undertake to have an independent pointed for a term of 3 years; appropriated funds who would be separated study conducted on the effects of eliminating ‘‘(C) 2 members whose background and exper- from service because of a reduction in the net the Federal Prison Industries mandatory source tise the President deems appropriate for a term income of Federal Prison Industries during any authority. of 3 years; fiscal year specified in section 4(e)(1) shall be— (b) SOLICITATION OF VIEWS.—The Comptroller ‘‘(D) 1 member representing victims of crime (1) eligible for appointment (or reappointment) General shall ensure that in developing the shall be appointed for a term of 3 years; in the competitive service pursuant to title 5, statement of work and the methodology for the ‘‘(E) 1 member representing the interests of United States Code; study, the views and input of private industry, Federal inmate workers shall be appointed for a (2) registered on a Bureau of Prisons reem- organized labor groups, Members and staff of term of 3 years; ployment priority list; and the relevant Congressional committees, officials ‘‘(F) 1 member representing the business com- (3) given priority for any other position within of the executive branch, and the public are so- munity shall be appointed for a term of 4 years; the Bureau of Prisons for which such employee licited. ‘‘(G) 1 member representing the business com- is qualified. (c) SUBMISSION.—Not later than June 30, 2004, munity shall be appointed for a term of 4 years; The CHAIRMAN pro tempore. Are the Comptroller General shall submit the results and there any amendments to section 13? of the study to Congress, including any rec- ‘‘(H) the members having special expertise in If not, the Clerk will designate sec- ommendations for legislation. inmate rehabilitation techniques shall be ap- tion 14. The CHAIRMAN pro tempore. Are pointed for a term of 5 years. The text of section 14 is as follows: there any amendments to section 15? ‘‘(4) The President shall designate 1 member of If not, the Clerk will designate sec- the Board as Chairperson. The Chairperson may SEC. 14. FEDERAL PRISON INDUSTRIES REPORT TO CONGRESS. tion 16. designate a Vice Chairperson. The text of section 16 is as follows: ‘‘(5) Members of the Board may be re- Section 4127 of title 18, United States Code, is SEC. 16. SENSE OF CONGRESS. appointed. amended to read as follows: It is the sense of Congress that it is important ‘‘(6) Any vacancy on the Board shall be filled ‘‘§ 4127. Federal Prison Industries report to Congress to study the concept of implementing a ‘‘good in the same manner as the original appointment. time’’ release program for non-violent criminals Any member appointed to fill a vacancy occur- ‘‘(a) IN GENERAL.—Pursuant to chapter 91 of in the Federal prison system. ring before the expiration of the term for which title 31, the board of directors of Federal Prison the member’s predecessor was appointed shall be Industries shall submit an annual report to The CHAIRMAN pro tempore. Are appointed for the remainder of that term. Congress on the conduct of the business of the there any amendments to section 16? ‘‘(7) The members of the Board shall serve corporation during each fiscal year and the con- If not, the Clerk will designate sec- without compensation. The members of the dition of its funds during the fiscal year. tion 17. Board shall be allowed travel expenses, includ- ‘‘(b) CONTENTS OF REPORT.—In addition to The text of section 17 is as follows: ing per diem in lieu of subsistence, at rates au- the matters required by section 9106 of title 31, SEC. 17. DEFINITIONS. thorized for employees of agencies under sub- and such other matters as the board considers Chapter 307 of title 18, United States Code, is chapter I of chapter 57 of title 5, United States appropriate, a report under subsection (a) shall amended by adding at the end the following Code, to attend meetings of the Board and, with include— new section:

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00045 Fmt 7634 Sfmt 6333 E:\CR\FM\K06NO7.096 H06PT1 H10504 CONGRESSIONAL RECORD — HOUSE November 6, 2003 ‘‘§ 4131. Definitions lished not later than 60 days after the date of (3) by amending the item relating to section ‘‘As used in this chapter— enactment of this Act and provide not less than 4127 to read as follows: ‘‘(1) the term ‘assembly’ means the process of 60 days for public comment. ‘‘4127. Federal Prison Industries report to Con- uniting or combining articles or components (in- (B) Final regulations relating to the matters gress.’’; described in subsection (b)(2) shall be published cluding ancillary finished components or assem- and blies) so as to produce a significant change in not less than 180 days after the date of enact- ment of this Act and shall be effective on the (4) by adding at the end the following new form or utility, without necessarily changing or items: altering the component parts; date that is 30 days after the date of publica- ‘‘(2) the term ‘current market price’ means, tion. ‘‘4130. Construction of provisions. with respect to a specific product, the fair mar- (4) ENHANCED OPPORTUNITIES FOR PUBLIC PAR- ‘‘4131. Definitions.’’. ket price of the product within the meaning of TICIPATION AND SCRUTINY.— AMENDMENT OFFERED BY MS. JACKSON-LEE OF section 15(a) of the Small Business Act (15 (A) ADMINISTRATIVE PROCEDURE ACT.—Regu- TEXAS U.S.C. 644(a)), at the time that the contract is to lations issued by the Board of Directors shall be Ms. JACKSON-LEE of Texas. Mr. be awarded, verified through appropriate price subject to notice and comment rulemaking pur- suant to section 553 of title 5, United States Chairman, I offer an amendment. analysis or cost analysis, including any costs re- The Clerk read as follows: lating to transportation or the furnishing of any Code. Unless determined wholly impracticable or ancillary services; unnecessary by the Board of Directors, the pub- Amendment offered by Ms. JACKSON-LEE of ‘‘(3) the term ‘import-sensitive product’ means lic shall be afforded 60 days for comment on pro- Texas: a product which, according to Department of posed regulations. At the end of the bill, add the following Commerce data, has experienced competition (B) ENHANCED OUTREACH.—The Board of Di- new section: from imports at an import to domestic produc- rectors shall use means designed to most effec- SEC. 22. SUNSET. tion ratio of 25 percent or greater; tively solicit public comment on proposed regu- If the Attorney General makes a written ‘‘(4) the term ‘labor-intensive manufacture’ lations, procedures, and policies and to inform determination before the end of the 3-year means a manufacturing activity in which the the affected public of final regulations, proce- period beginning on the date of the enact- value of inmate labor constitutes at least 10 per- dures, and policies. ment of this Act that the implementation of (C) OPEN MEETING PROCESSES.—The Board of cent of the estimate unit cost to produce the this Act creates a significant risk or adverse Directors shall take all actions relating to the item by Federal Prison Industries; effect on public or prison safety, prison man- ‘‘(5) the term ‘manufacture’ means the process adoption of regulations, operating procedures, agement, or prison rehabilitation opportuni- of fabricating from raw or prepared materials, guidelines, and any other matter relating to the ties, then this Act, and the amendments so as to impart to those materials new forms, governance and operation of Federal Prison In- made by this Act, shall not be in effect on qualities, properties, and combinations; dustries based on deliberations and a recorded and after the date occurring 3 years after ‘‘(6) the term ‘reasonable share of the market’ vote conducted during a meeting open to the such date of enactment (and the law shall means a share of the total purchases by the public, unless closed pursuant to section 552(b) read as if this Act were not enacted). of title 5, United States Code. Federal departments and agencies, as reported Ms. JACKSON-LEE of Texas. Mr. The CHAIRMAN pro tempore. Are to the Federal Procurement Data System for— Chairman, I have repeatedly said in my ‘‘(A) any specific product during the 3 pre- there any amendments to section 18? ceding fiscal years, that does not exceed 20 per- If not, the Clerk will designate sec- debate and discourse on this bill that cent of the Federal market for the specific prod- tion 19. many of us have worked to put to- uct; and The text of section 19 is as follows: gether aspects of this legislation that ‘‘(B) any specific service during the 3 pre- SEC. 19. RULES OF CONSTRUCTION. will respond to a number of concerns. I ceding fiscal years, that does not exceed 5 per- (a) AGENCY BID PROTESTS.—Subsection (e) of do not have an attitude, Mr. Chairman, cent of the Federal market for the specific serv- section 4124 of title 18, United States Code, as that this bill is totally without merit, ice; and amended by section 2, is not intended to alter and I respect the gentleman from ‘‘(7) the term ‘services’ has the meaning given any rights of any offeror other than Federal the term ‘service contract’ by section 37.101 of Michigan’s issues as relates to certain Prison Industries to file a bid protest in accord- the Federal Acquisition Regulation (48 C.F.R. areas of this Nation that have been im- ance with other law or regulation in effect on 36.102), as in effect on July 1, 2002.’’. pacted as many of my friends have the date of the enactment of this Act. come to the floor on a trade policy that The CHAIRMAN pro tempore. Are (b) JAVITS-WAGNER-O’DAY ACT.—Nothing in there any amendments to section 17? this Act is intended to modify the Javits-Wag- some would call in disarray. We have If not, the Clerk will designate sec- ner-O’Day Act (41 U.S.C. 46, et seq.). lost jobs in America. We have lost 3 tion 18. The CHAIRMAN pro tempore. Are million manufacturing jobs. We have The text of section 18 is as follows: there any amendments to section 19? small businesses that are clamoring to SEC. 18. IMPLEMENTING REGULATIONS AND PRO- If not, the Clerk will designate sec- find ways to provide health care for CEDURES. tion 20. their employees. (a) FEDERAL ACQUISITION REGULATION.— The text of section 20 is as follows: I would be the first to say that the ROPOSED REVISIONS (1) P .—Proposed revisions SEC. 20. EFFECTIVE DATE AND APPLICABILITY. role of this Congress is to be a problem to the Governmentwide Federal Acquisition Reg- (a) EFFECTIVE DATE.—Except as provided in solver. I have stood with my colleagues ulation to implement the amendments made by subsection (b), this Act and the amendments as relates to job creation and to em- this Act shall be published not later than 60 made by this Act shall take effect on the date of phasize the importance of providing days after the date of the enactment of this Act enactment of this Act. and provide not less than 60 days for public tax incentives to small businesses and (b) APPLICABILITY.—Section 4124 of title 18, also ways to assist them in securing comment. United States Code, as amended by section 2, (2) FINAL REGULATIONS.—Final regulations shall apply to any requirement for a product or good health insurance. shall be published not later than 180 days after service offered by Federal Prison Industries Frankly, I believe several amend- the date of the enactment of this Act and shall needed by a Federal department or agency after ments that have passed today are good be effective on the date that is 30 days after the the effective date of the final regulations issued amendments. The Waters/ Millender- date of publication. pursuant to section 18(a)(2), or after September McDonald amendment I support pro- (3) PUBLIC PARTICIPATION.—The proposed reg- 30, 2004, whichever is earlier. ulations required by subsection (a) and the final vides for increasing the minimum wage regulations required by subsection (b) shall af- The CHAIRMAN pro tempore. Are to help those inmates who are incarcer- ford an opportunity for public participation in there any amendments to section 20? ated have, in essence, a trust fund accordance with section 22 of the Office of Fed- If not, the Clerk will designate sec- when they leave the Bureau of Prisons eral Procurement Policy Act (41 U.S.C. 418b). tion 21. from their incarcerations to make a (b) BOARD OF DIRECTORS.— The text of section 21 is as follows: difference. But I think this bill is all (1) IN GENERAL.—The Board of Directors of SEC. 21. CLERICAL AMENDMENTS. about the competition, the loss of jobs. Federal Prison Industries shall issue regulations The table of sections for chapter 307 of title 18, I want to cite a number of figures defining the terms specified in paragraph (2). United States Code, is amended— (2) TERMS TO BE DEFINED.—The Board of Di- (1) by amending the item relating to section that might speak to that issue. It re- rectors shall issue regulations for the following 4121 to read as follows: lates to the number of prisoners that terms: ‘‘4121. Federal Prison Industries; Board of Di- we have in the Federal prison popu- (A) Prison-made product. rectors: executive management.’’; lation for years 2000, 2001 and 2002: (B) Prison-furnished service. 39,679, 36,000, and 36,000 persons respec- (C) Specific product. (2) by amending the item relating to section (D) Specific service. 4124 to read as follows: tively would lose opportunities to (3) SCHEDULE FOR REGULATORY DEFINITIONS.— ‘‘4124. Governmentwide procurement policy re- work. The State prison population for (A) Proposed regulations relating to the mat- lating to purchases from Federal the same years is 20,200, 20,898, and ter described in subsection (b)(2) shall be pub- Prison Industries.’’; 23,561. I believe that the crux of the

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.047 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10505 issue is whether or not this bill will an- If the Attorney General makes a written recidivism, and cultures of liabilities to our so- swer the concerns and how long it determination before the end of the 3-year ciety rather than positive contributors. should be implemented. The bill has in period beginning on the date of the enact- FPI is a self-supporting government oper- it a 5-year phase-out of the prison in- ment of this Act that the implementation of ation. Revenue generated by the corporation this Act creates a significant risk or adverse dustries’ effort. effect on public or prison safety, prison man- is used to purchase equipment and raw mate- What my amendment will simply do, agement, or prison management, or prison rials, pay wages to inmates and staff, and ex- Mr. Chairman, is put our money and rehabilitation opportunities, then this Act, pand facilities. Last year, FPI generated over our mouth and our concerns right and the amendments made by this Act, shall $566 million in revenue, $418 million of which where they should be. If the Attorney not be in effect on and after the date occur- went to purchasing goods and services from General determines that we will im- ring 3 years after such date of enactment the private sector, 74 percent of which went to pact prison management, safety, the (and the law shall read as if this Act were small and minority owned businesses in local rehabilitation of prisoners, control, if not enacted). communities across this country. that is impacted, then this will be This amendment offers a safety net for an The Bureau of Prisons clearly appreciates sunsetted in 3 years. That is the crux of otherwise certain end to the Federal Prison In- the advantage the program can have on in- what this particular amendment will dustries program, which has clearly dem- mates and society at large. First, there is attempt to do. onstrated itself to be a positive thing for our some security benefit to FPI system because It does not attempt to do it in a vac- federal inmate population. Sunsetting H.R. inmates are productively occupied. Second, uum. It does not attempt to do it be- 1829 will give the expansion of competition in FPI programs are said to provide inmates with cause there is dispute over which direc- the federal prison procurement industry a fair training and experience that develop job skills tion we should take. It asks the Attor- chance to operate. Opponents of FPI who and a strong work ethic. ney General to have a large role. Mr. argue that it kills small businesses will have The bill before us today provides for a five- Chairman, we are talking about an At- an opportunity to demonstrate whether or not year phase-out of mandatory source pref- torney General that the majority FPI does impact their ability to compete. How- erence by granting to FPI’s Federal agency knows, because this is in the context of ever, the important thing about this amend- customer’s authority to first solicit on a non- 3 years, and right now we are sug- ment is that it ensures that there is protection competitive basis. However, at the end of the gesting that if this legislation under- of the inmate population in case these oppo- phase-out period there is no existing substitute mines the running of our prisons, with nents are wrong. for the services and program. Looking to the a large number of inmates, where they When FPI allows federal inmates to earn states, there simply is not enough program do not have the opportunity to work money to send to their wives, elderly parents, participation to accommodate the 25 percent and if we find that that opportunity su- and small children, we see that the negative that is currently accommodated under FPI. persedes the good intentions of this impact that H.R. 1829 will have is local and During FY 2002, FPI spent 74 percent of its bill, which is to bring relief to some hard-hitting. The amendment that was offered $680 million in sales revenues (that is, $503 areas where large prisons are that are by my colleague Ms. MILLENDER-MCDONALD million) on purchases of raw materials, equip- run by the Federal Government that would have enhanced this ability to give family ment, and services from private sector compa- use and have resources and that it is support by creating a trust fund mechanism for nies. Some 62 percent of these purchases impacting in the area small businesses, these inmates. The conclusiveness of this bill (that is, $311 million) were from small busi- then the Attorney General will not act. as drafted threatens the lives and livelihood of nesses, including businesses owned by But he or she will act if he finds in many American families. My amendment en- women, minorities, and those who are dis- good faith that public or prison safety, sures that these families won’t have the doors advantaged. FPI has consistently received the prison management, prison rehabilita- of justice slam in their faces. If the FPI pro- U.S. Attorney General’s Small Business Award tion opportunities will be impacted gram’s elimination is shown to have a nega- for its concerted efforts to contract with the negatively by this particular legisla- tive impact on these families, we will see an small business community, far exceeding the tion. immediate return to the plan that has dem- 23 percent government-wide requirement for This is a thoughtful amendment in onstrated its viability. This is a true case of ‘‘if contracts with small businesses. From 1997– that it is an amendment that is used in it isn’t broken, don’t fix it.’’ I would ask that my many of our legislative initiatives and, 2001, FPI has awarded $851 million in con- colleagues at least follow a middle ground by that is, to sunset, to bring an end to it tracts to small businesses, which is a yearly voting to accept my amendment, which would until we can assess where we are. I sim- average of 57 percent. change that saying to ‘‘if it isn’t broken after Clearly, the existing FPI program has posi- ply say to my colleagues that we can- trying something else, let’s not allow it to tive effects on the economic viability of the not have it all, that is, incarcerate in- break.’’ dividuals who perpetrated offenses, ex- prison inmate community by way of jobs and Furthermore, this bill threatens the safe en- pect for them to be contributing mem- job training, the small, minority-, and women- vironment of the federal prisons and the fight bers of our society, and do nothing to owned business communities by way of offer- against recidivism. With the elimination of help that occur. If you live in commu- ing equal access to federal procurement con- mandatory source preferences for FPI, we will nities where I live, if you live in poor tracts, and to the community by way of reduc- take activities away from a large number of rural areas, you will find many of these ing incidence of recidivism. H.R. 1829 will former prison employees. What will these indi- young men returning home to empty phase these benefits out potentially, unless viduals do once their jobs have been taken opportunities. Every job application, my amendment is included that will provide a away from them? For many of them, the jobs Mr. Chairman, requires an incarcerated necessary protection mechanism. were a very important diversion from anger, person to note whether they have been I urge my colleagues to vote for the Jack- convicted or incarcerated. Many of hate, and violence. The jobs that will be taken son-Lee Amendment. Mr. SENSENBRENNER. Mr. Chair- them are paying because they are not away from them will invite violence in the pris- man, I rise in opposition to the amend- allowed to vote. They are not allowed ons as well as in the workplace for the Fed- ment. to mainstream into our communities. eral Bureau of Prisons. Moreover, the job training that will be lost will create a situation Mr. Chairman, not only does this b 1500 ripe for recidivism. The Jackson Lee Amend- amendment have the potential of toss- And so we are looking for a chance in ment will ensure that we can correct this situa- ing into the wastebasket many years of this legislation and we do not give tion after we have educated ourselves on the work by the Congress and by those who them a chance if we allow the crux of alternatives offered by the removal of manda- were contracted to do work on this their survival to be taken away from tory source preferences. issue by the Congress, but it also sets them, Mr. Chairman. Sunset this bill Over 2 million offenders are incarcerated in the unprecedented provision that al- on the basis of the Attorney General’s the nation’s prisons and jails. At midyear lows an officer of the executive branch, recommendation and do what is right 2002, 665,475 inmates were held in the Na- the Attorney General, to wipe a law off not only for small businesses, but for tion’s local jails, up from 631,240 at midyear the books. Article 1 of the Constitution inmates who are trying to rehabilitate. 2001. Projections indicate that the inmate pop- gives the exclusive legislative author- Mr. Chairman, I rise to offer an amendment ulation will unfortunately continue to rise over ity in this country to the elected Con- to H.R. 1829, the ‘‘Federal Prison Industries the years to come. Without the protection that gress of the United States, and Con- Competition in Contracting Act of 2003.’’ The is offered by my amendment, these numbers gress makes the laws; Congress amends specific language of JACKSO.166 reads: can represent cultures of violence, cultures of the laws; and Congress repeals the

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.108 H06PT1 H10506 CONGRESSIONAL RECORD — HOUSE November 6, 2003 laws. And no officer of the executive Sunset is a legitimate tool, but when I also agree with the argument made branch should have the authority to we adopt a sunset, I think we need to by the chairman, who is a very strong make a determination that wipes the a calculate what incentive we are setting and thoughtful defender of the role of law off the books. And that is what this in motion. For example, the gentleman elected Representatives in our democ- amendment does. It gives the Attorney from Wisconsin played a very useful racy. He is quite right to object to this General of the United States, whether role here. We in the House Committee on separation of powers grounds. This it be Mr. Ashcroft or one of his succes- on the Judiciary, on which I then is far too great a delegation of power to sors, the authority to actually change served, insisted on a sunset to the Pa- the Attorney General. But there is the statutes that have been passed by triot Act because a lot of new powers also, I think, what I believe to be a per- Congress. And for that reason alone, were being granted affirmatively, and verse incentive. So for both reasons, this amendment should be rejected. we felt that it was important that, as because I believe we should go to a new But I would like to talk about the we started these brand new powers, the system in which the inmates are given work that has been done on Prison In- people exercising the powers should work but we finance that work dif- dustries over the years. In public law know that they would have to come ferently, and that is going to be a com- 101–515, the Commerce, Justice, State and get them renewed. There was an plicated task to put on people in the Appropriations Act for fiscal year 1991, incentive in that sunset to the people prisons. I do not want the bureaucrats, there was a 16-month review done given the grant of new authority to ex- the administrators of this, to have any under contract by Deloitte & Touche, ercise it in a reasonable way. incentive not to do their very best. 500 pages of reporting to Congress on Here, though, a sunset would create, Mr. SCOTT of Virginia. Mr. Chair- study findings and recommendation I believe, perverse incentives. We know man, I move to strike the requisite and appendices. No action. Then there on good faith people in the Bureau of number of words. was a 2-year Federal Prison Industries Prisons do not like this bill. The people Mr. Chairman, for the reasons I have summit process, from 1991 to 1993, that in the Federal Prison Industries do not already articulated, I think this would was led by the Brookings Institution like the bill. The people who are now be a good amendment, and I yield to and brought together all of the stake- working to provide rehabilitative em- the gentlewoman from Texas (Ms. holders to develop practical implemen- ployment efforts to inmates, which all JACKSON-LEE). tation strategies for the recommenda- of us support, like the current system Ms. JACKSON-LEE of Texas. Mr. tions of the Market Survey just re- and do not want to have to go to a new Chairman, I thank the very distin- ferred to. Nothing happened. system. For the new system to work guished gentleman from Virginia for And then this has been studied and well, we have provisions in this bill yielding and for his leadership on this studied and studied. I have three recent that say there will be additional train- bill. General Accounting Office reports from ing for the inmates, there will be dona- Mr. Chairman, the debate today 1998. Federal Prison Industries Limited tion programs, and that is being shows that good friends can agree to Data Available on Customer Satisfac- strengthened, there will not programs disagree on policy, and I rise to offer tion, ignored because we did nothing. whereby we in this bill mandate the some commentary and support of my Federal Prison Industries Information people who run the Federal prisons to amendment to sunset and to suggest on Product Pricing, ignored because we find alternatives to the sale of these that I in no way have disagreement or did nothing. Federal Prison Industries products. We want them to continue would want to override the distinctive- Delivery Performance is Improving but working, but we want a variety of ness between the three branches of gov- Problems Remain, ignored because we things to be done so that there can be ernment. I am a zealot, if you will, as did nothing. And look at all the hear- donations to charitable groups, et it relates to the responsibility of Con- ings that have been held in various cetera. It is going to be more work for gress to be both in the position of over- committees of the Congress to reform sight, giving oversight to the execu- Federal Prison Industries. Literally the people who now run the prisons. It tive, and as well to be independent. here almost ten inches of hearing tran- will be the course of least resistance There are three independent branches scripts that have been held before the for them to go with the status quo. of government. Committee on the Judiciary, the Com- That is why, I think, a sunset creates a But I want to speak particularly to mittee on Small Business, the Com- perverse incentive, because the people this bill and all of the pages of research mittee on Education and the Work- who do not want this program to work and hearings again to emphasize to my force. And if we do not do anything to are the people who are in charge of colleagues that there is no crisis here, reform Prison Industries, all of the tes- making it work, and if they know that and even though we may have worked timony that was given on the fact that if we have not been able to find other on this for years and years, there is no this system is broken will be ignored. work, if they can simply sit and let The time has come for Congress to some of these provisions for alternative crisis. My recollection is that in the take some action, and this bill has sources of employment go unused, they course of many legislative initiatives been the result of infinite negotiations will make their case for getting rid of that we have had, such as the Voter and compromises that have been made, this. Rights Act of 1965 and the Civil Rights improvements that have been made to So it is one thing if we give a grant Act of 1964, those were hundreds of the legislation, including amendments of power to people and tell them, look, years in the making. That is a crisis. adopted here on the floor today. And go use these powers wisely because This is not. for the gentlewoman from Texas to they have to come back to us. It is an- And let me share with my colleagues propose an amendment that says that other thing to say to a group of people these numbers. Seventy-four percent of all of this work can be abolished at the who do not like what we are doing, if, the Federal Prison Industries, $680 mil- stroke of the pen of the Attorney Gen- in fact, the efforts to make work what lion in sale revenues, that is $503 mil- eral in 3 years really does no business they do not want to work are not very lion they spend on purchases of raw to our doctrine of separation of powers, effective, then they will have achieved materials, equipment, and services as well as to all of the work that the their goal. from private sector companies. Some 62 legislative branch has either done or So I really believe that a sunset goes percent of these purchases, that is, $311 sponsored. For this reason, this amend- in the wrong direction here. I think we million, were from small businesses, ment should be overwhelmingly de- need to give the Federal Prison Indus- including businesses owned by women, feated. tries every incentive to make this minorities, and those who are dis- Mr. FRANK of Massachusetts. Mr. work. I do not want them to have the advantaged. FPI, the Federal Prison Chairman, I move to strike the last benefit of saying we cannot find 100 Industries, has consistently received word. day-care centers and shelters; if we the U.S. Attorney General’s Small Mr. Chairman, I appreciate the work cannot set up these alternatives, if we Business Award for its concerted ef- that my colleague from Texas does on cannot do all these new jobs that have forts to contract with the small busi- this and other issues, but in this case been put on us, then we will have a ness community, far exceeding the 23 we disagree. I think it would be a grave good argument to the Attorney Gen- percent government-wide requirement error to sunset. eral to abolish it. for contracts with small businesses

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.120 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10507 from 1997 to 2001. FPI has awarded $851 b 1515 AMENDMENT OFFERED BY MR. STRICKLAND Mr. STRICKLAND. Mr. Chairman, I million in contracts to small busi- Mr. HOEKSTRA. Mr. Chairman, I offer an amendment. nesses, which is a yearly average of 57 move to strike the requisite number of The Clerk read as follows: percent. words. Amendment offered by Mr. STRICKLAND: I would have wanted to offer an Mr. Chairman, I rise in opposition to Add at the end of the bill the following new amendment that would give us precise the amendment. This bill, I am some- section: information continuously about the times a little surprised by how it is de- SEC. 22. PROCUREMENT OF GOODS AND SERV- procurement process and how we can scribed. Sunsetting the bill after 3 ICES MANUFACTURED IN THE encourage more small businesses to be years, it is a 5-year phase-out of man- UNITED STATES. datory sourcing, so, as we are imple- In any case in which a procurement activ- engaged. I will not offer that amend- ity proceeds to conduct a procurement for a ment. On the other hand, I think this menting the bill, midway through the product or service as described in paragraph has to do with the safety, the manage- process the Attorney General arbi- (6) of section 4124(b) of title 18, United States ment, the rehabilitation aspects, and trarily could declare the bill null and Code, as added by section 2, the procurement the control of our Federal prisons. void and go back to the legislation that must be of goods or services manufactured in With over 2 million Americans and oth- we have today. the United States. ers in the United States jails and pris- The bill allows for the Attorney Gen- Mr. STRICKLAND. Mr. Chairman, I ons, I cannot be told that the Attorney eral under certain circumstances, if want to say a word about this debate General’s involvement in determining there are concerns about prison safety today. In my judgment, it has been one whether this legislation in its enact- or the performance of the prisons, to of the most thoughtful, substantive de- ment will undermine the management take action in regard to mandatory bates that I have witnessed in this and control and the survival and exist- sourcing and sole-source suppliers to Chamber, and I think the reason for it ence and the sanctity of these prisons, make sure that we do not have unsafe is it is not based upon being a liberal or conservative or Republican or Demo- with this huge number of inmates, so conditions in the prisons. crat; but it is an attempt to deal with that he or she can determine that we It is interesting that the Attorney a serious matter, and I think there are should sunset this bill because it does General is offering awards for ‘‘small business companies of the year’’ and people of differing opinions who want generate a crisis of control. Then I identifying Federal Prison Industries to do the right thing and are trying to would ask my colleagues what then is as one of those. If you go to govern- do the right thing. our role? Our role is to be thoughtful ment procurement managers, govern- I intend to vote for this bill. But one and it is to be instructive and it is to ment procurement managers are in of the concerns that I have had and one ensure the safety of the American peo- favor of H.R. 1829 because they have of the concerns that has been expressed ple and our communities, and a disrup- clearly through their experience not here today is that we simply do not tive prison system because we do not had that kind of outstanding service by want to deprive work from being un- have order, because we have people who Federal Prison Industries. What they dertaken in our prisons and then allow are without resources, without work, want is the ability to get the best prod- that work to be performed outside of without ability to contribute into their uct. We ask them to do more for less. our country. trust funds to provide for their fami- Business and labor support this. It is This amendment is very simple. It lies, I think that is disruptive. not a crisis to us perhaps, and it is per- just simply says under those cir- So I would say to my colleagues that haps not a crisis to the AFL–CIO in its cumstances where the Federal Bureau this is a concertedly thoughtful amend- entirety, or to the Chamber of Com- of Prisons is permitted to bid on a pro- ment that deals with trying to solve merce or to NFIB or to the Teamsters. curement activity, those competing the problem. It does not tell the Attor- But what each of these organizations private bidders must provide whatever ney General to do so. It gives he or she has experienced is that certain of their goods and services they are seeking to criteria, and those are: A significant members, certain of the companies provide which are manufactured within risk or adverse effect on public or pris- that they represent, have experienced the United States of America. I think on safety, prison management, or pris- the crisis, because the crisis has been that will solve a lot of concerns that on rehabilitation opportunities. Then their businesses have closed and their many of us have. Mr. SENSENBRENNER. Mr. Chair- this Act, and the amendments made by employees have lost jobs because they man, will the gentleman yield? this Act, shall not be in effect after 3 have been unable to compete for Fed- eral contracts. Mr. STRICKLAND. I yield to the gen- years. tleman from Wisconsin. We have the protections in place. This is giving discretion. This is rea- Mr. SENSENBRENNER. Mr. Chair- This amendment is not necessary. Give sonable. This is thoughtful because we man, I thank the gentleman from Ohio H.R. 1829 the opportunity to be imple- are concerned about the balance of our for yielding. I am happy to accept the mented, to be monitored; and if there small businesses and the order of our amendment, and I hope it is adopted. are changes that need to be made after prison system. And I believe when we Mr. STRICKLAND. Mr. Chairman, re- it is implemented and after it is work- are on the floor of the House, Mr. claiming my time, I thank my friend. ing, it is the responsibility of Congress Chairman, that is the task of all of us, Mr. HOEKSTRA. Mr. Chairman, I to make those changes, to fine-tune it, to be able to work in a thoughtful proc- rise in support of the amendment. not the responsibility of the Attorney ess because legislation leaving this Mr. Chairman, I thank my colleague General to deep-six the whole program. body becomes final. It goes to the Sen- for working with us in structuring this The CHAIRMAN pro tempore (Mr. ate and ultimately to the President’s amendment in a way that, again, im- BONILLA). The question is on the proves the bill. desk. Where then should we do our amendment offered by the gentle- work to provide a reasonable response I just want to take a moment to woman from Texas (Ms. JACKSON-LEE). thank a number of my colleagues, as to what may be a crisis? And I do not The question was taken; and the we are coming to the conclusion of this know if anyone can manage two mil- Chairman pro tempore announced that debate. We have been down a long road lion of those in our prisons and jails the noes appeared to have it. to get here, but the gentleman from when they do not have the opportunity Ms. JACKSON-LEE of Texas. Mr. Massachusetts (Mr. FRANK), the gentle- to have a future and to look forward to Chairman, I demand a recorded vote. woman from New York (Mrs. being trained and to be able to get out The CHAIRMAN pro tempore. Pursu- MALONEY), and the gentleman from and be deemed a responsible and con- ant to clause 6 of rule XVIII, further Michigan (Mr. CONYERS) have been tributing adult to this society. proceedings on the amendment offered great partners on the other side of the I ask my colleagues to consider this by the gentlewoman from Texas (Ms. aisle. We have been working at this ef- amendment and to vote for the Jack- JACKSON-LEE) will be postponed. fort for almost 7 years. son-Lee amendment that is a thought- The CHAIRMAN pro tempore. Are On this side of the aisle, the gen- ful way of handling this challenge that there further amendments to section tleman from Wisconsin (Chairman SEN- we have but not yet a crisis. 21? SENBRENNER), the gentleman from

VerDate jul 14 2003 01:45 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.111 H06PT1 H10508 CONGRESSIONAL RECORD — HOUSE November 6, 2003 Georgia (Mr. COLLINS), and I have [Roll No. 610] Markey Pallone Simmons worked with these and other Members Matheson Pascrell Simpson AYES—91 Matsui Pastor Slaughter to craft this legislation. Baca Holden Rogers (KY) McCarthy (MO) Pearce Smith (MI) As we found out today, we still have Berry Holt Ross McCarthy (NY) Pelosi Smith (TX) Blumenauer Honda Roybal-Allard McCollum Pence Smith (WA) some disagreements, but we are intent McCotter Peterson (MN) Blunt Hunter Rush Snyder on continuing to work with the gen- McCrery Pickering Brown-Waite, Hyde Ryan (OH) Solis McDermott Platts tleman from Virginia (Mr. SCOTT), the Ginny Issa Sandlin Souder gentleman from Virginia (Mr. WOLF), Capps Jackson (IL) McGovern Pombo Spratt Saxton McIntyre Pomeroy and a few others to take this bill and, Capuano Jackson-Lee Scott (GA) Stark Cardoza (TX) McKeon Porter Scott (VA) Stearns hopefully, put the final pieces together. Carson (IN) Jefferson Meehan Portman Sullivan Serrano But it has been a very constructive Case Jones (NC) Meek (FL) Price (NC) Sweeney Sherwood Chabot Kennedy (MN) Meeks (NY) Pryce (OH) Tanner process to get where we are today. Skelton Menendez Putnam Davis (CA) Kline Tauscher Smith (NJ) Mica Radanovich As the gentleman from Ohio (Mr. Davis (IL) Lampson Tauzin Stenholm Michaud Ramstad STRICKLAND) said, we had a great de- Davis, Tom Larson (CT) Taylor (NC) Strickland Miller (FL) Regula Delahunt Lofgren Thompson (CA) bate and great discussion. Part of it is Miller (MI) Rehberg Diaz-Balart, L. Lowey Stupak Thompson (MS) because we have had different folks Miller, Gary Renzi Diaz-Balart, M. Lucas (OK) Tancredo Thornberry coming together from different ways, Doggett Lynch Taylor (MS) Miller, George Reynolds Moore Rogers (AL) Tiahrt but also we worked together for 7 years Farr Marshall Terry Tiberi Fattah McHugh Thomas Moran (KS) Rogers (MI) in bringing this bill together. As we Moran (VA) Rohrabacher Tierney Frost McNulty Turner (TX) Toomey have gone through that process, we Gilchrest Millender- Murphy Ros-Lehtinen Udall (CO) Turner (OH) Goodlatte McDonald Murtha Rothman recognized the need for compromise, Udall (NM) Upton Green (WI) Miller (NC) Musgrave Royce we recognized that in certain areas we Van Hollen Velazquez Hall Mollohan Myrick Ruppersberger Wamp Visclosky have not reached there; but at all Harman Payne Nadler Ryan (WI) Waters Vitter times, we have never let our disagree- Harris Peterson (PA) Napolitano Ryun (KS) Weller Walden (OR) Hayworth Petri Nethercutt Sabo ments impact the personal relation- Wicker Walsh Hefley Pitts Neugebauer Sanchez, Linda ships and the trust we have built over Watson Hensarling Rahall Wolf Ney T. Watt the last 7 years. Hinchey Rodriguez Woolsey Northup Sanchez, Loretta So I would like to thank my col- Norwood Sanders Waxman NOES—325 Nunes Schakowsky Weiner leagues for the work that we have had, Nussle Schiff Weldon (FL) for the tone and the tenor of the debate Abercrombie Cooper Green (TX) Oberstar Schrock Weldon (PA) today, which has really, I think, Aderholt Costello Greenwood Obey Sensenbrenner Wexler Akin Cox Grijalva Olver Sessions Whitfield brought credit to the House. Alexander Cramer Gutierrez Ortiz Shadegg Wilson (NM) The CHAIRMAN pro tempore. The Allen Crane Hart Osborne Shaw Wilson (SC) Andrews question is on the amendment offered Crenshaw Hastings (WA) Ose Shays Wu Baird Crowley Hayes Otter Sherman Wynn by the gentleman from Ohio (Mr. Baker Cubin Herger Owens Shimkus Young (AK) STRICKLAND). Baldwin Culberson Hill Oxley Shuster Young (FL) Ballance Cummings Hinojosa The amendment was agreed to. Ballenger Cunningham Hobson NOT VOTING—18 The CHAIRMAN pro tempore. Are Barrett (SC) Davis (AL) Hoeffel there further amendments to section Bartlett (MD) Davis (FL) Hoekstra Ackerman Gutknecht Neal (MA) Barton (TX) Davis (TN) Hooley (OR) Bachus Hastings (FL) Paul 21? Bass Davis, Jo Ann Hostettler Bishop (UT) Jones (OH) Quinn Deal (GA) Kilpatrick Rangel SEQUENTIAL VOTES POSTPONED IN COMMITTEE Beauprez DeFazio Houghton Becerra DeGette Hoyer Fletcher Lipinski Reyes OF THE WHOLE Bell DeLauro Hulshof Gephardt McInnis Towns The CHAIRMAN pro tempore. Pursu- Bereuter DeLay Inslee ant to clause 6 of rule XVIII, pro- Berkley DeMint Isakson ANNOUNCEMENT BY THE CHAIRMAN PRO Berman Deutsch Israel TEMPORE ceedings will now resume on those Biggert Dicks Istook amendments on which further pro- Bilirakis Dingell Janklow The CHAIRMAN pro tempore (Mr. ceedings were postponed in the fol- Bishop (GA) Dooley (CA) Jenkins BONILLA) (during the vote). Members lowing order: An amendment offered by Bishop (NY) Doolittle John are advised there are 2 minutes remain- Blackburn Doyle Johnson (CT) Mr. GREEN of Wisconsin and an amend- Boehlert Dreier Johnson (IL) ing in this vote. ment offered by Ms. JACKSON-LEE of Boehner Duncan Johnson, E. B. Texas. Bonilla Dunn Johnson, Sam Bonner Edwards Kanjorski b 1547 The first electronic vote will be con- Bono Ehlers Kaptur ´ ducted as a 15-minute vote. Remaining Boozman Emanuel Keller Ms. LINDA SANCHEZ of California, electronic votes will be conducted as 5- Boswell Emerson Kelly and Messrs. BARTLETT of Maryland, minute votes. Boucher Engel Kennedy (RI) TURNER of Ohio, OTTER, LEVIN, Boyd English Kildee SMITH of Washington, HOEFFEL, AMENDMENT OFFERED BY MR. GREEN OF Bradley (NH) Eshoo Kind TOOMEY, Ms. ESHOO, Ms. HOOLEY of WISCONSIN Brady (PA) Etheridge King (IA) Brady (TX) Evans King (NY) Oregon, Mr. WEXLER, Mr. OWENS, The CHAIRMAN pro tempore. The Brown (OH) Everett Kingston Ms. SLAUGHTER, Mr. GORDON, and Brown (SC) Feeney Kirk pending business is the demand for a Mrs. NORTHUP changed their vote recorded vote on the amendment of- Brown, Corrine Ferguson Kleczka Burgess Filner Knollenberg from ‘‘aye’’ to ‘‘no.’’ fered by the gentleman from Wisconsin Burns Flake Kolbe (Mr. GREEN) on which further pro- Burr Foley Kucinich Mr. HAYWORTH, Mr. DELAHUNT, ceedings were postponed and on which Burton (IN) Forbes LaHood Ms. HARRIS, and Messrs. ROSS, the noes prevailed by voice vote. Buyer Ford Langevin PAYNE, TOM DAVIS of Virginia, and Calvert Fossella Lantos RUSH changed their vote from ‘‘no’’ to The Clerk will designate the amend- Camp Frank (MA) Larsen (WA) ment. Cannon Franks (AZ) Latham ‘‘aye.’’ Cantor Frelinghuysen LaTourette So the amendment was rejected. The Clerk designated the amend- Capito Gallegly Leach ment. Cardin Garrett (NJ) Lee The result of the vote was announced Carson (OK) Gerlach Levin as above recorded. RECORDED VOTE Carter Gibbons Lewis (CA) The CHAIRMAN pro tempore. A re- Castle Gillmor Lewis (GA) ANNOUNCEMENT BY THE CHAIRMAN PRO Chocola Gingrey Lewis (KY) TEMPORE corded vote has been demanded. Clay Gonzalez Linder A recorded vote was ordered. Clyburn Goode LoBiondo The CHAIRMAN pro tempore (Mr. The vote was taken by electronic de- Coble Gordon Lucas (KY) BONILLA). Pursuant to clause 6 of rule Cole Goss Majette vice, and there were—ayes 91, noes 325, Collins Granger Maloney XVIII the next vote will be conducted not voting 18, as follows: Conyers Graves Manzullo as a 5-minute vote.

VerDate jul 14 2003 04:43 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.114 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10509 AMENDMENT OFFERED BY MS. JACKSON-LEE OF Flake Latham Rohrabacher So the amendment was rejected. TEXAS Foley LaTourette Ros-Lehtinen The result of the vote was announced Forbes Leach Rothman The CHAIRMAN pro tempore. The Ford Levin Royce as above recorded. pending business is the demand for a Fossella Lewis (CA) Ruppersberger Stated against: recorded vote on the amendment of- Frank (MA) Lewis (KY) Ryan (OH) Ms. CAPPS. Mr. Chairman, I was not able Franks (AZ) Linder fered by the gentlewoman from Texas Ryan (WI) to be present for the following rollcall vote and Frelinghuysen LoBiondo Ryun (KS) (Ms. JACKSON-LEE) on which further Gallegly Lowey Sabo would like the RECORD to reflect that I would proceedings were postponed and on Garrett (NJ) Lucas (KY) Sanchez, Loretta have voted as follows: Rollcall No. 611—‘‘no.’’ which the noes prevailed by voice vote. Gerlach Lucas (OK) Sanders The CHAIRMAN pro tempore. Are Gibbons Lynch Schiff there other amendments? The Clerk will designate the amend- Gillmor Majette Schrock ment. Gingrey Maloney Sensenbrenner The question is on the committee Gonzalez Manzullo Sessions amendment in the nature of a sub- The Clerk designated the amend- Goode Markey Shadegg ment. Goodlatte Matheson stitute, as amended. Shaw Gordon Matsui The committee amendment in the RECORDED VOTE Shays Goss McCarthy (MO) Sherman nature of a substitute, as amended, was The CHAIRMAN pro tempore. A re- Granger McCarthy (NY) Sherwood agreed to. corded vote has been demanded. Graves McCotter Shimkus The CHAIRMAN pro tempore. Under A recorded vote was ordered. Greenwood McCrery Gutierrez McGovern Shuster the rule, the Committee rises. Simmons The CHAIRMAN pro tempore. This Hall McKeon Accordingly, the Committee rose; will be a 5-minute vote. Harris Meehan Simpson Skelton and the Speaker pro tempore (Mr. SIM- The vote was taken by electronic de- Hart Menendez Hastings (WA) Mica Slaughter MONS) having assumed the chair, Mr. vice, and there were—ayes 100, noes 313, Hayes Michaud Smith (MI) BONILLA, Chairman pro tempore of the Smith (NJ) not voting 21, as follows: Hayworth Miller (FL) Committee of the Whole House on the Hefley Miller (MI) Smith (TX) [Roll No. 611] Hensarling Miller, Gary Smith (WA) State of the Union, reported that that AYES—100 Herger Miller, George Snyder Committee, having had under consider- Hill Moore Souder Abercrombie Gilchrest Olver ation the bill (H.R. 1829) to amend title Hinojosa Moran (KS) Stark Baca Green (TX) Ortiz Hobson Murphy Stearns 18, United States Code, to require Fed- Ballance Green (WI) Owens Hoeffel Murtha Stupak eral Prison Industries to compete for Bell Grijalva Pastor Hoekstra Musgrave Sullivan Berman Harman its contracts minimizing its unfair Payne Holden Myrick Sweeney Berry Hinchey competition with private sector firms Petri Hooley (OR) Nadler Tancredo Bishop (GA) Holt Rahall Hostettler Nethercutt and their non-inmate workers and em- Blumenauer Honda Tanner Rodriguez Houghton Neugebauer powering Federal agencies to get the Brady (TX) Jackson (IL) Tauscher Rogers (KY) Hoyer Ney Brown, Corrine Jackson-Lee Tauzin best value for taxpayers’ dollars, to Ross Hulshof Northup Brown-Waite, (TX) Taylor (NC) Roybal-Allard Hunter Norwood provide a five-year period during which Ginny Jefferson Terry Rush Hyde Nunes Federal Prison Industries adjusts to Capuano Johnson, E. B. Thomas Sanchez, Linda Inslee Nussle Cardoza Kucinich Thompson (CA) obtaining inmate work opportunities T. Isakson Osborne Carson (IN) Lampson Thornberry through other than its mandatory Sandlin Israel Ose Case Lantos Tiahrt Saxton Issa Otter source status, to enhance inmate ac- Chabot Larson (CT) Tiberi Schakowsky Istook Oxley cess to remedial and vocational oppor- Clay Lee Tierney Scott (GA) Janklow Pallone Clyburn Lewis (GA) Toomey tunities and other rehabilitative oppor- Jenkins Pascrell Conyers Lofgren Scott (VA) Turner (OH) John Pearce tunities to better prepare inmates for a Crowley Marshall Serrano Upton Johnson (CT) Pelosi successful return to society, to author- Cummings McCollum Solis Velazquez Johnson (IL) Pence Davis (AL) McDermott Spratt Vitter ize alternative inmate work opportuni- Johnson, Sam Peterson (MN) Davis (CA) McHugh Stenholm Walden (OR) ties in support of non-profit organiza- Jones (NC) Peterson (PA) Davis (IL) McNulty Strickland Kanjorski Pickering Walsh tions, and for other purposes, pursuant DeFazio Meek (FL) Taylor (MS) Kaptur Pitts Wamp to House Resolution 428 he reported the DeGette Meeks (NY) Thompson (MS) Keller Platts Watt Delahunt Millender- Turner (TX) bill back to the House with an amend- Kelly Pombo Waxman Doggett McDonald Udall (CO) Kennedy (MN) Pomeroy Weiner ment adopted by the Committee of the Eshoo Miller (NC) Udall (NM) Kennedy (RI) Porter Weldon (FL) Whole. Etheridge Mollohan Van Hollen Kildee Portman Weldon (PA) Farr Moran (VA) Visclosky The SPEAKER pro tempore. Under Kind Price (NC) Weller Fattah Napolitano Waters the rule the previous question is or- King (IA) Pryce (OH) Wexler Filner Oberstar Watson King (NY) Putnam Whitfield dered. Frost Obey Wolf Kingston Radanovich Wicker Is a separate vote demanded on any NOES—313 Kirk Ramstad Wilson (NM) amendment to the committee amend- Kleczka Regula Wilson (SC) Aderholt Boyd Culberson Kline Rehberg Woolsey ment in the nature of a substitute Akin Bradley (NH) Cunningham Knollenberg Renzi Wu adopted in the Committee of the Alexander Brady (PA) Davis (FL) LaHood Reynolds Wynn Whole? If not, the question is on the Allen Brown (OH) Davis (TN) Langevin Rogers (AL) Young (AK) amendment. Andrews Brown (SC) Davis, Jo Ann Larsen (WA) Rogers (MI) Young (FL) Baird Burgess Davis, Tom The amendment was agreed to. Baker Burns DeLauro NOT VOTING—21 The SPEAKER pro tempore. The Baldwin Burr DeLay Ackerman Gutknecht McIntyre Ballenger question is on the engrossment and Burton (IN) DeMint Bachus Hastings (FL) Neal (MA) Barrett (SC) third reading of the bill. Buyer Deutsch Bishop (UT) Jones (OH) Paul Bartlett (MD) Calvert Diaz-Balart, L. Capps Kilpatrick Quinn The bill was ordered to be engrossed Barton (TX) Camp Diaz-Balart, M. Deal (GA) Kolbe Rangel and read a third time, and was read the Bass Cannon Dicks Fletcher Lipinski Reyes Beauprez third time. Cantor Dingell Gephardt McInnis Towns Becerra Capito Dooley (CA) b 1600 Bereuter Cardin Doolittle ANNOUNCEMENT BY THE CHAIRMAN PRO Berkley Carson (OK) Doyle TEMPORE The SPEAKER pro tempore (Mr. SIM- Biggert Carter Dreier MONS). The question is on the passage Bilirakis Castle Duncan The CHAIRMAN pro tempore (during Bishop (NY) Chocola Dunn the vote). Members are advised that 2 of the bill. Blackburn Coble Edwards minutes remain in this vote. The question was taken; and the Blunt Cole Ehlers Speaker pro tempore announced that Boehlert Collins Emanuel b 1558 Boehner Cooper Emerson the ayes appeared to have it. Bonilla Costello Engel Mr. GILCHREST and Mr. ABER- Mr. SENSENBRENNER. Mr. Speak- Bonner Cox English CROMBIE changed their vote from er, on that I demand the yeas and nays. Bono Cramer Evans ‘‘no’’ to ‘‘aye.’’ The yeas and nays were ordered. Boozman Crane Everett Boswell Crenshaw Feeney Mr. MEEHAN changed his vote from The SPEAKER pro tempore. Pursu- Boucher Cubin Ferguson ‘‘aye’’ to ‘‘no.’’ ant to clause 8 of rule XX, this 15-

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.117 H06PT1 H10510 CONGRESSIONAL RECORD — HOUSE November 6, 2003 minute vote on the passage of H.R. 1829 Osborne Ryan (WI) Terry Motion to instruct on H.R. 2660, mo- will be followed by a 5-minute vote on Ose Ryun (KS) Thomas tion to instruct on H.R. 1308, motion to Otter Sanchez, Linda Thompson (CA) the motion to instruct on H.R. 2660 by Oxley T. Thornberry instruct on H.R. 1. the gentlewoman from Connecticut Pallone Sanders Tiahrt All will be the yeas and nays, and all (Ms. DELAURO), the motion to instruct Pascrell Sandlin Tiberi will be 5-minute votes. Pastor Schakowsky Tierney on H.R. 1308 by the gentleman from Pearce Schiff Toomey f California (Mr. BECERRA), the motion Pelosi Schrock Turner (OH) to instruct on H.R. 1 by the gentle- Pence Sensenbrenner Udall (CO) Peterson (MN) Sessions Udall (NM) MOTION TO INSTRUCT CONFEREES woman from California (Mrs. CAPPS). Pickering Shadegg The vote was taken by electronic de- Upton ON H.R. 2660, DEPARTMENTS OF Pitts Shaw Van Hollen LABOR, HEALTH AND HUMAN vice, and there were—yeas 350, nays 65, Platts Shays Velazquez SERVICES, AND EDUCATION, AND not voting 19, as follows: Pombo Sherman Visclosky Pomeroy Shuster Vitter RELATED AGENCIES APPROPRIA- [Roll No. 612] Porter Simmons Walden (OR) TIONS ACT, 2004 Portman Simpson YEAS—350 Walsh Price (NC) Skelton Wamp The SPEAKER pro tempore. The un- Abercrombie DeLay Johnson (CT) Pryce (OH) Slaughter Watson finished business is the question on the Aderholt DeMint Johnson (IL) Putnam Smith (MI) Akin Deutsch Johnson, E. B. Quinn Smith (TX) Watt motion to instruct conferees on H.R. Alexander Diaz-Balart, L. Johnson, Sam Radanovich Smith (WA) Waxman 2660 offered by the gentlewoman from Allen Diaz-Balart, M. Kanjorski Weiner Ramstad Snyder Connecticut (Ms. DELAURO), on which Andrews Dicks Kaptur Regula Solis Weldon (FL) Baca Dingell Keller Rehberg Souder Weldon (PA) the yeas and nays were ordered. Baird Doggett Kelly Reynolds Stark Weller The Clerk will designate the motion. Baker Dooley (CA) Kennedy (MN) Rodriguez Stearns Wexler The Clerk designated the motion. Baldwin Doolittle Kennedy (RI) Rogers (AL) Stenholm Whitfield The SPEAKER pro tempore. The Ballance Doyle Kildee Rogers (MI) Strickland Wicker Ballenger Dreier Kind Rohrabacher Stupak Wilson (NM) question is on the motion to instruct Barrett (SC) Duncan King (IA) Ros-Lehtinen Sullivan Wilson (SC) conferees offered by the gentlewoman Bartlett (MD) Dunn King (NY) Rothman Sweeney Woolsey from Connecticut (Ms. DELAURO). Barton (TX) Edwards Kingston Roybal-Allard Tanner Wu Bass Ehlers Kirk Royce Tauscher Wynn This is a 5-minute vote. Beauprez Emanuel Kleczka Ruppersberger Tauzin Young (AK) The vote was taken by electronic de- Becerra Emerson Kline Ryan (OH) Taylor (NC) Young (FL) vice, and there were—yeas 310, nays Bell Engel Knollenberg Bereuter English Kolbe NAYS—65 101, not voting 23, as follows: Berkley Eshoo Kucinich Berry Holden Petri [Roll No. 613] Berman Etheridge LaHood Blumenauer Holt Rahall Biggert YEAS—310 Evans Langevin Blunt Honda Renzi Bilirakis Abercrombie Everett Lantos Brown-Waite, Hunter Rogers (KY) Crowley Hill Bishop (GA) Aderholt Fattah Larsen (WA) Ginny Hyde Ross Cummings Hinchey Bishop (NY) Akin Feeney Larson (CT) Capuano Issa Rush Cunningham Hinojosa Blackburn Alexander Ferguson Latham Cardoza Jackson (IL) Sabo Davis (AL) Hoeffel Boehlert Allen Flake Leach Case Jones (NC) Sanchez, Loretta Davis (CA) Holden Boehner Andrews Foley Lee Castle Lampson Saxton Davis (FL) Holt Bonilla Baca Forbes Levin Chabot LaTourette Scott (GA) Davis (IL) Honda Bonner Baird Ford Lewis (CA) Clyburn Lewis (GA) Scott (VA) Davis (TN) Hooley (OR) Bono Baldwin Fossella Lewis (KY) Davis (CA) Lofgren Serrano Davis, Jo Ann Houghton Boozman Ballance Frank (MA) Linder Davis (IL) Lucas (OK) Sherwood Davis, Tom Hoyer Boswell Bass Franks (AZ) LoBiondo DeGette McCollum Shimkus DeFazio Hulshof Boucher Beauprez Frelinghuysen Lowey Delahunt McHugh Smith (NJ) DeGette Hunter Boyd Becerra Gallegly Lucas (KY) Farr McNulty Spratt Delahunt Hyde Bradley (NH) Bell Garrett (NJ) Lynch Filner Mollohan Tancredo DeLauro Inslee Brady (PA) Bereuter Gerlach Majette Frost Oberstar Taylor (MS) Deutsch Israel Brady (TX) Berkley Gibbons Maloney Gilchrest Obey Thompson (MS) Diaz-Balart, L. Issa Brown (OH) Berman Gillmor Manzullo Green (WI) Owens Turner (TX) Diaz-Balart, M. Jackson (IL) Brown (SC) Berry Gingrey Markey Hefley Payne Waters Dicks Jackson-Lee Brown, Corrine Bilirakis Gonzalez Marshall Hensarling Peterson (PA) Wolf Dingell (TX) Burgess Goode Matheson Bishop (GA) Doggett Janklow Burns Goodlatte Matsui NOT VOTING—19 Bishop (NY) Doyle Jefferson Burr Gordon McCarthy (MO) Blumenauer Dunn John Ackerman Hastings (FL) Ortiz Burton (IN) Goss McCarthy (NY) Boehlert Edwards Johnson (CT) Bachus Jones (OH) Buyer Granger McCotter Paul Bono Ehlers Johnson (IL) Bishop (UT) Kilpatrick Calvert Graves McCrery Rangel Boozman Emanuel Johnson, E. B. Deal (GA) Lipinski Camp Green (TX) McDermott Reyes Boswell Engel Jones (NC) Fletcher McInnis Cannon Greenwood McGovern Towns Boucher English Kanjorski Gephardt McIntyre Cantor Grijalva McKeon Boyd Eshoo Kaptur Gutknecht Neal (MA) Capito Gutierrez Meehan Bradley (NH) Etheridge Keller Capps Hall Meek (FL) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brady (PA) Evans Kelly Cardin Harman Meeks (NY) Brown (OH) Everett Kennedy (MN) Carson (IN) Harris Menendez The SPEAKER pro tempore (Mr. SIM- Brown (SC) Farr Kennedy (RI) Carson (OK) Hart Mica MONS) (during the vote). Members are Brown, Corrine Fattah Kildee Carter Hastings (WA) Michaud advised 2 minutes remain to cast their Brown-Waite, Ferguson Kind Chocola Hayes Millender- Ginny Filner King (NY) Clay Hayworth McDonald votes. Burns Foley Kirk Coble Herger Miller (FL) Burr Forbes Kleczka Cole Hill Miller (MI) b 1617 Burton (IN) Ford Kline Collins Hinchey Miller (NC) Ms. ROYBAL-ALLARD and Mrs. Calvert Fossella Kucinich Conyers Hinojosa Miller, Gary Camp Frank (MA) LaHood Cooper Hobson Miller, George NAPOLITANO changed their vote from Capito Frost Lampson Costello Hoeffel Moore ‘‘nay’’ to ‘‘yea.’’ Capps Gerlach Langevin Cox Hoekstra Moran (KS) So the bill was passed. Capuano Gibbons Lantos Cramer Hooley (OR) Moran (VA) Cardin Gillmor Larsen (WA) Crane Hostettler Murphy The result of the vote was announced Cardoza Gingrey Larson (CT) Crenshaw Houghton Murtha as above recorded. Carson (IN) Gonzalez Latham Crowley Hoyer Musgrave A motion to reconsider was laid on Carson (OK) Gordon Leach Cubin Hulshof Myrick the table. Case Graves Lee Culberson Inslee Nadler Castle Green (TX) Levin Cummings Isakson Napolitano f Clay Green (WI) Lewis (GA) Cunningham Israel Nethercutt Clyburn Greenwood LoBiondo Davis (AL) Istook Neugebauer ANNOUNCEMENT BY THE SPEAKER Coble Grijalva Lofgren Davis (FL) Jackson-Lee Ney Conyers Gutierrez Lowey Davis (TN) (TX) Northup PRO TEMPORE Cooper Hall Lucas (KY) Davis, Jo Ann Janklow Norwood The SPEAKER pro tempore. The re- Costello Harman Lucas (OK) Davis, Tom Jefferson Nunes Cox Harris Lynch DeFazio Jenkins Nussle maining votes will be taken in the fol- Cramer Hayes Majette DeLauro John Olver lowing order: Crenshaw Hayworth Maloney

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.121 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10511 Manzullo Pastor Shimkus b 1626 Sandlin Stark Upton Markey Payne Shuster Schakowsky Stenholm Van Hollen Marshall Pelosi Simmons Mr. ADERHOLT, Ms. BALDWIN and Schiff Strickland Velazquez Matheson Peterson (MN) Skelton Mr. AKIN changed their vote from Scott (GA) Stupak Visclosky Matsui Petri Slaughter ‘‘nay’’ to ‘‘yea.’’ Scott (VA) Tanner Waters McCarthy (MO) Pickering Smith (NJ) So the motion to instruct was agreed Serrano Tauscher Watson McCarthy (NY) Platts Smith (TX) Sherman Taylor (MS) Watt McCollum Pombo Smith (WA) to. Skelton Thompson (CA) Waxman McCotter Pomeroy Snyder The result of the vote was announced Slaughter Thompson (MS) Weiner McCrery Porter Solis Smith (WA) Tierney Wexler McDermott Price (NC) as above recorded. Spratt Snyder Turner (TX) Woolsey McGovern Putnam Stark A motion to reconsider was laid on McHugh Quinn Solis Udall (CO) Wu Stearns the table. Spratt Udall (NM) McKeon Rahall Stenholm McNulty Ramstad Strickland f Meehan Rehberg NAYS—207 Stupak Meek (FL) Renzi Sweeney Aderholt Gilchrest Oxley Meeks (NY) Reynolds MOTION TO INSTRUCT CONFEREES Tanner Akin Gillmor Pearce Menendez Rodriguez ON H.R. 1308, TAX RELIEF, SIM- Tauscher Baker Gingrey Pence Mica Rogers (AL) Tauzin PLIFICATION, AND EQUITY ACT Ballenger Goode Peterson (PA) Michaud Rogers (MI) OF 2003 Barrett (SC) Goodlatte Petri Millender- Rohrabacher Taylor (MS) Bartlett (MD) Granger McDonald Ros-Lehtinen Thompson (CA) Pickering The SPEAKER pro tempore. The un- Barton (TX) Graves Miller (FL) Ross Thompson (MS) Pitts finished business is the question on the Bass Green (WI) Miller (NC) Rothman Tiahrt Platts Beauprez Greenwood Miller, Gary Roybal-Allard Tierney motion to instruct conferees on H.R. Pombo Miller, George Ruppersberger Turner (TX) 1308 offered by the gentleman from Biggert Harris Porter Udall (CO) Bilirakis Hart Mollohan Rush California (Mr. BECERRA), on which the Portman Moore Ryan (OH) Udall (NM) Blackburn Hastings (WA) Putnam Moran (KS) Ryan (WI) Upton yeas and nays were ordered. Blunt Hayes Quinn Moran (VA) Ryun (KS) Van Hollen The Clerk will designate the motion. Boehlert Hayworth Radanovich Murphy Sanchez, Linda Velazquez The Clerk designated the motion. Boehner Hensarling Ramstad Murtha T. Visclosky Bonilla Herger Regula Walden (OR) The SPEAKER pro tempore. The Bonner Hobson Nadler Sanchez, Loretta Rehberg Walsh question is on the motion to instruct Bono Hoekstra Napolitano Sanders Renzi Waters Boozman Hostettler Nethercutt Sandlin conferees offered by the gentleman Reynolds Watson Bradley (NH) Houghton Norwood Saxton from California (Mr. BECERRA). Rogers (AL) Nunes Schakowsky Watt Brady (TX) Hulshof Rogers (KY) Nussle Schiff Waxman This is a 5-minute vote. Brown (SC) Hunter Rogers (MI) Oberstar Schrock Weiner The vote was taken by electronic de- Brown-Waite, Hyde Obey Scott (GA) Weldon (PA) vice, and there were—yeas 197, nays Ginny Isakson Rohrabacher Ros-Lehtinen Olver Scott (VA) Weller 207, not voting 30, as follows: Burgess Issa Osborne Serrano Wexler Burns Istook Royce Ose Sessions Wilson (NM) [Roll No. 614] Burr Johnson (CT) Ryan (WI) Owens Shaw Woolsey YEAS—197 Burton (IN) Johnson (IL) Ryun (KS) Pallone Shays Wu Buyer Johnson, Sam Saxton Abercrombie Ehlers Lucas (KY) Pascrell Sherman Wynn Calvert Jones (NC) Schrock Alexander Emanuel Lynch Camp Keller Sensenbrenner Allen Engel Majette NAYS—101 Cannon Kelly Sessions Andrews Eshoo Maloney Cantor Kennedy (MN) Shadegg Baker Gallegly Pearce Baca Etheridge Markey Capito King (IA) Shaw Ballenger Garrett (NJ) Pence Baird Evans Marshall Carter Shays Barrett (SC) Gilchrest Peterson (PA) Baldwin Farr Matheson King (NY) Sherwood Bartlett (MD) Goode Pitts Ballance Fattah Matsui Chabot Kingston Barton (TX) Goodlatte Portman Becerra Filner McCarthy (MO) Chocola Kirk Shimkus Biggert Granger Pryce (OH) Bell Ford McCarthy (NY) Coble Kline Shuster Blackburn Hart Radanovich Bereuter Frank (MA) McCollum Cole Knollenberg Simmons Blunt Hastings (WA) Regula Berkley Frost McDermott Collins Kolbe Simpson Boehner Hefley Rogers (KY) Berman Gonzalez McGovern Cox LaHood Smith (MI) Bonilla Hensarling Royce Berry Gordon McNulty Crenshaw Latham Smith (NJ) Bonner Herger Sensenbrenner Bishop (GA) Green (TX) Meehan Cubin LaTourette Souder Brady (TX) Hobson Shadegg Bishop (NY) Grijalva Meek (FL) Culberson Lewis (CA) Stearns Burgess Hoekstra Sherwood Blumenauer Gutierrez Meeks (NY) Cunningham Lewis (KY) Sullivan Buyer Hostettler Simpson Boswell Hall Menendez Davis, Jo Ann LoBiondo Sweeney Cannon Isakson Souder Boucher Harman Michaud Davis, Tom Lucas (OK) Cantor Istook Tancredo Sullivan Boyd Hill Millender- DeLay Manzullo Carter Jenkins Tauzin Tancredo Brady (PA) Hinchey McDonald DeMint McCotter Terry Chabot Johnson, Sam Brown (OH) Hinojosa Miller (NC) Diaz-Balart, L. McCrery Chocola King (IA) Taylor (NC) Thomas Brown, Corrine Hoeffel Miller, George Diaz-Balart, M. McHugh Cole Kingston Terry Thornberry Capps Holden Mollohan Doolittle McKeon Collins Knollenberg Thomas Tiahrt Capuano Holt Moore Dreier Mica Crane Kolbe Thornberry Tiberi Cardin Honda Moran (VA) Duncan Miller (FL) Cubin LaTourette Tiberi Toomey Cardoza Hooley (OR) Murtha Dunn Miller (MI) Culberson Lewis (CA) Toomey Turner (OH) Carson (IN) Hoyer Nadler Emerson Miller, Gary DeLay Lewis (KY) Turner (OH) Vitter Carson (OK) Inslee Napolitano English Moran (KS) DeMint Linder Vitter Walden (OR) Wamp Case Israel Oberstar Everett Murphy Doolittle Miller (MI) Castle Jackson (IL) Obey Walsh Weldon (FL) Feeney Musgrave Dreier Musgrave Clay Jackson-Lee Olver Wamp Whitfield Ferguson Myrick Duncan Myrick Clyburn (TX) Owens Weldon (FL) Wicker Flake Nethercutt Emerson Neugebauer Conyers Janklow Pallone Weldon (PA) Feeney Ney Wilson (SC) Foley Neugebauer Cooper Jefferson Pascrell Weller Flake Northup Wolf Forbes Ney Costello John Pastor Whitfield Franks (AZ) Otter Young (AK) Fossella Northup Cramer Johnson, E. B. Payne Wicker Frelinghuysen Oxley Young (FL) Franks (AZ) Norwood Crowley Kanjorski Pelosi Frelinghuysen Nunes Wilson (NM) NOT VOTING—23 Cummings Kaptur Peterson (MN) Gallegly Nussle Wilson (SC) Davis (AL) Kennedy (RI) Pomeroy Garrett (NJ) Osborne Wolf Ackerman Gutknecht Ortiz Davis (CA) Kildee Price (NC) Gerlach Ose Young (AK) Bachus Hastings (FL) Paul Davis (FL) Kind Rahall Gibbons Otter Young (FL) Bishop (UT) Jones (OH) Rangel Davis (IL) Kleczka Rodriguez Deal (GA) Kilpatrick Davis (TN) Kucinich Ross Reyes NOT VOTING—30 Dooley (CA) Lipinski Sabo DeFazio Lampson Rothman Fletcher McInnis Smith (MI) DeGette Langevin Roybal-Allard Ackerman Hastings (FL) Neal (MA) Gephardt McIntyre Towns Delahunt Lantos Ruppersberger Bachus Hefley Ortiz Goss Neal (MA) DeLauro Larson (CT) Rush Bishop (UT) Jenkins Paul Deutsch Leach Ryan (OH) Crane Jones (OH) Pryce (OH) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Dicks Lee Sabo Deal (GA) Kilpatrick Rangel The SPEAKER pro tempore (during Dingell Levin Sanchez, Linda Dooley (CA) Larsen (WA) Reyes Doggett Lewis (GA) T. Fletcher Linder Smith (TX) the vote). Members are advised they Doyle Lofgren Sanchez, Loretta Gephardt Lipinski Taylor (NC) have 2 minutes to cast their votes. Edwards Lowey Sanders Goss McInnis Towns Gutknecht McIntyre Wynn

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.058 H06PT1 H10512 CONGRESSIONAL RECORD — HOUSE November 6, 2003

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Rush Slaughter Turner (TX) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Ryan (OH) Smith (WA) Udall (CO) The SPEAKER pro tempore (Mr. SIM- The SPEAKER pro tempore (during Sabo Snyder Udall (NM) MONS) (during the vote). Members are Sanchez, Linda Solis Van Hollen the vote). Members are advised 2 min- advised 2 minutes remain in this vote. T. Spratt Velazquez utes remain in this vote. Sanchez, Loretta Stark Visclosky 1642 b 1634 Sanders Stenholm Waters b Sandlin Strickland Watson Schakowsky Stupak So the motion to instruct was re- So the motion to instruct was re- Watt Schiff Tanner jected. jected. Waxman Scott (GA) Tauscher The result of the vote was announced The result of the vote was announced Weiner Scott (VA) Taylor (MS) as above recorded. as above recorded. Serrano Thompson (CA) Wexler A motion to reconsider was laid on Sherman Thompson (MS) Woolsey A motion to reconsider was laid on Wu the table. Skelton Tierney the table. Stated for: NAYS—209 f Mr. GUTIERREZ. Mr. Speaker, I was inad- Aderholt Garrett (NJ) Pearce vertently absent from this Chamber today, No- Akin Gerlach Pence MOTION TO INSTRUCT CONFEREES vember 6, 2003, and missed rollcall vote 615. ON H.R. 1, MEDICARE PRESCRIP- Baker Gibbons Peterson (MN) Ballenger Gilchrest Peterson (PA) I would like the Record to show that, had I TION DRUG AND MODERNIZA- Barrett (SC) Gillmor Petri been present in this Chamber, I would have TION ACT OF 2003 Bartlett (MD) Gingrey Pickering Barton (TX) Goode Pitts voted ‘‘yea.’’ The SPEAKER pro tempore. The un- Bass Goodlatte Platts f finished business is the question on the Beauprez Granger Pombo PERSONAL EXPLANATION motion to instruct conferees on H.R. 1 Bereuter Graves Porter Biggert Green (WI) Portman offered by the gentlewoman from Cali- Bilirakis Greenwood Pryce (OH) Ms. KILPATRICK. Mr. Speaker, due to per- fornia (Mrs. CAPPS), on which the yeas Blackburn Hart Putnam sonal business, I was unable to record my and nays were ordered. Blunt Hastings (WA) Radanovich vote on four votes ordered for today. Had I The Clerk will designate the motion. Boehner Hayes Ramstad been present I would have voted ‘‘no’’ on the Bonilla Hayworth Regula The Clerk designated the motion. Bonner Hefley Rehberg amendment offered by Representative GREEN The SPEAKER pro tempore. The Bono Hensarling Renzi to H.R. 1829, rollcall No. 610; ‘‘no’’ on the question is on the motion to instruct Boozman Herger Reynolds amendment offered by Representative JACK- Bradley (NH) Hobson Rogers (AL) SON EE offered by the gentlewoman from Cali- Brady (TX) Hoekstra Rogers (KY) -L to H.R. 1829, rollcall No. 611; ‘‘aye’’ fornia (Mrs. CAPPS). Brown (SC) Hostettler Rogers (MI) on final passage of H.R. 1829, the Federal This will be a 5-minute vote. Brown-Waite, Houghton Rohrabacher Prisons Industries Act, rollcall No. 612; and The vote was taken by electronic de- Ginny Hulshof Ros-Lehtinen ‘‘aye’’ on the motion offered by Representative Burgess Hunter Royce vice, and there were—yeas 197, nays Burns Hyde Ryan (WI) DELAURO to instruct conferees to H.R. 2660, 209, not voting 28, as follows: Burr Isakson Ryun (KS) the bill making appropriations for the Depart- [Roll No. 615] Burton (IN) Issa Saxton ments of Labor, Health and Human Services Buyer Istook Sensenbrenner YEAS—197 Calvert Johnson (CT) Sessions and Education for Fiscal Year 2004, rollcall No. 613; on the motion to instruct; ‘‘aye’’ on Abercrombie Edwards Lewis (GA) Camp Johnson (IL) Shadegg Alexander Emanuel Lofgren Cannon Johnson, Sam Shaw the motion offered by Representative BECERRA Allen Engel Lowey Cantor Jones (NC) Shays to instruct conferees to H.R. 1308, child tax Capito Keller Sherwood Andrews Eshoo Lucas (KY) credit legislation, rollcall No. 614; and ‘‘aye’’ Baca Etheridge Lynch Carter Kelly Shimkus Baird Evans Majette Castle Kennedy (MN) Shuster on the motion offered by Representative Baldwin Farr Maloney Chabot King (IA) Simmons CAPPS to instruct conferees on H.R. 1, Medi- Ballance Fattah Markey Chocola King (NY) Simpson care reform legislation, rollcall No. 615. Becerra Filner Marshall Coble Kingston Smith (MI) Bell Ford Matheson Cole Kirk Smith (NJ) f Collins Kline Smith (TX) Berkley Frank (MA) Matsui PERSONAL EXPLANATION Berman Frost McCarthy (MO) Cox Knollenberg Souder Berry Gonzalez McCarthy (NY) Crane Kolbe Stearns Mr. GOSS. Mr. Speaker, on rollcall Nos. Crenshaw Latham Sullivan Bishop (GA) Gordon McCollum 613, 614, and 615, I was unavoidably de- Bishop (NY) Green (TX) McDermott Cubin LaTourette Sweeney Blumenauer Grijalva McGovern Culberson Lewis (CA) Tancredo tained. Had I been present, I would have Boehlert Hall McHugh Cunningham Lewis (KY) Tauzin voted ‘‘nay’’ on all 3 motions. Davis, Jo Ann Linder Taylor (NC) Boswell Harman McNulty f Boucher Hill Meehan Davis, Tom LoBiondo Terry Boyd Hinchey Meek (FL) DeLay Lucas (OK) Thomas AUTHORIZING VISITOR CENTER DeMint McCotter Thornberry Brady (PA) Hinojosa Meeks (NY) FOR VIETNAM VETERANS MEMO- Brown (OH) Hoeffel Menendez Diaz-Balart, L. McCrery Tiahrt Brown, Corrine Holden Michaud Diaz-Balart, M. McKeon Tiberi RIAL Doolittle Mica Toomey Capps Holt Millender- Mr. POMBO. Mr. Speaker, I ask Capuano Honda McDonald Dreier Miller (FL) Turner (OH) Cardin Hooley (OR) Miller (NC) Duncan Miller (MI) Upton unanimous consent to take from the Cardoza Hoyer Miller, George Dunn Miller, Gary Vitter Speaker’s table the bill (H.R. 1442) to Carson (IN) Inslee Mollohan Ehlers Moran (KS) Walden (OR) authorize the design and construction Carson (OK) Israel Moore Emerson Murphy Walsh Case Jackson (IL) Moran (VA) English Musgrave Wamp of a visitor center for the Vietnam Vet- Clay Jackson-Lee Murtha Everett Myrick Weldon (FL) erans Memorial, with a Senate amend- Clyburn (TX) Nadler Feeney Nethercutt Weldon (PA) ment thereto, and concur in the Senate Ferguson Neugebauer Weller Conyers Janklow Napolitano amendment. Cooper Jefferson Norwood Flake Ney Whitfield Costello John Oberstar Foley Northup Wicker The Clerk read the title of the bill. Cramer Johnson, E. B. Obey Forbes Nunes Wilson (NM) The Clerk read the Senate amend- Crowley Kanjorski Olver Fossella Osborne Wilson (SC) ment, as follows: Cummings Kaptur Owens Franks (AZ) Ose Wolf Davis (AL) Kennedy (RI) Pallone Frelinghuysen Otter Young (AK) Senate amendment: Davis (CA) Kildee Pascrell Gallegly Oxley Young (FL) Strike out all after the enacting clause and Davis (FL) Kind Pastor insert: NOT VOTING—28 Davis (IL) Kleczka Payne TITLE I—VIETNAM VETERANS MEMORIAL Davis (TN) Kucinich Pelosi Ackerman Harris Nussle VISITOR CENTER DeFazio LaHood Pomeroy Bachus Hastings (FL) Ortiz DeGette Lampson Price (NC) Bishop (UT) Jenkins Paul SEC. 101. VISITOR CENTER Delahunt Langevin Quinn Deal (GA) Jones (OH) Rangel Public Law 96–297 (16 U.S.C. 431 note) is DeLauro Lantos Rahall Dooley (CA) Kilpatrick Reyes amended by adding at the end the following: Deutsch Larsen (WA) Rodriguez Fletcher Lipinski Schrock ‘‘SEC. 6. VISITOR CENTER. Dicks Larson (CT) Ross Gephardt Manzullo Towns ‘‘(a) AUTHORIZATION.— Dingell Leach Rothman Goss McInnis Wynn Doggett Lee Roybal-Allard Gutierrez McIntyre ‘‘(1) IN GENERAL.—The Vietnam Veterans Me- Doyle Levin Ruppersberger Gutknecht Neal (MA) morial Fund, Inc., is authorized to construct a

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00054 Fmt 7634 Sfmt 6333 E:\CR\FM\K06NO7.126 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10513

visitor center at or near the Vietnam Veterans ‘‘(c) RESERVE.—After the date of enactment of ‘‘(B) 75 percent of the amount estimated to be Memorial on Federal land in the District of Co- the Commemorative Works Clarification and Re- required to complete the commemorative work lumbia, or its environs, subject to the provisions vision Act of 2003, no commemorative work or has been raised. of this section, in order to better inform and visitor center shall be located within the Re- If these two conditions have been met, the Sec- educate the public about the Vietnam Veterans serve.’’. retary or the Administrator (as appropriate) Memorial and the Vietnam War. SEC. 203. CLARIFYING AND CONFORMING AMEND- may extend the seven-year legislative authority ‘‘(2) LOCATION.—The visitor center shall be lo- MENTS. for a period not to exceed three additional cated underground. (a) PURPOSES.—Section 8901(2) of title 40, years. Upon expiration of the legislative author- ‘‘(3) CONSULTATION ON DESIGN PHASE.—The United States Code, is amended by striking ‘‘Co- ity, any previous site and design approvals shall Vietnam Veterans Memorial Fund, Inc. shall lumbia;’’ and inserting ‘‘Columbia and its envi- also expire.’’. consult with educators, veterans groups, and rons, and to encourage the location of com- (d) NATIONAL CAPITAL MEMORIAL ADVISORY the National Park Service in developing the pro- memorative works within the urban fabric of the COMMISSION.—Section 8904 of title 40, United posed design of the visitor center. District of Columbia;’’. States Code, is amended— (b) DEFINITIONS.—Section 8902 of title 40, ‘‘(b) COMPLIANCE WITH STANDARDS APPLICA- (1) in the heading, by inserting ‘‘Advisory’’ United States Code, is amended by striking sub- BLE TO COMMEMORATIVE WORKS.—Chapter 89 of before ‘‘Commission’’; title 40, United States Code, shall apply, includ- section (a) and inserting the following: (2) in subsection (a), by striking ‘‘There is a ‘‘(a) DEFINITIONS.—In this chapter: ing provisions related to the siting, design, con- National’’ and all that follows through ‘‘con- ‘‘(1) COMMEMORATIVE WORK.—The term ‘com- struction, and maintenance of the visitor center, sists of’’ and inserting the following: ‘‘There is and the visitor center shall be considered a com- memorative work’ means any statue, monument, sculpture, memorial, plaque, inscription, or established the National Capital Memorial Advi- memorative work for the purposes of that Act, other structure or landscape feature, including sory Commission, which shall be composed of’’; except that— a garden or memorial grove, designed to perpet- (3) in subsection (c)— ‘‘(1) final approval of the visitor center shall (A) by inserting ‘‘Advisory’’ before ‘‘Commis- uate in a permanent manner the memory of an not be withheld; individual, group, event or other significant ele- sion shall’’; and ‘‘(2) the provisions of subsections (b) and (c) (B) by striking ‘‘Services’’ and inserting ment of American history, except that the term of section 8908 of title 40, United States Code, re- ‘‘Services (as appropriate)’’; and does not include any such item which is located quiring further approval by law for the location (4) in subsection (d) by inserting ‘‘Advisory’’ within the interior of a structure or a structure of a commemorative work within Area I and before ‘‘Commission’’. which is primarily used for other purposes. prohibiting the siting of a visitor center within (e) SITE AND DESIGN APPROVAL.—Section 8905 ‘‘(2) THE DISTRICT OF COLUMBIA AND ITS ENVI- the Reserve shall not apply; of title 40, United States Code, is amended— RONS.—The term ‘the District of Columbia and ‘‘(3) the size of the visitor center shall be lim- its environs’ means those lands and properties (1) in subsection (a)— (A) by striking ‘‘person’’ each place it appears ited to the minimum necessary— administered by the National Park Service and ‘‘(A) to provide for appropriate educational the General Services Administration located in and inserting ‘‘sponsor’’; and (B) in paragraph (1)— and interpretive functions; and the Reserve, Area I, and Area II as depicted on (i) by inserting ‘‘Advisory’’ before ‘‘Commis- ‘‘(B) to prevent interference or encroachment the map entitled ‘Commemorative Areas Wash- sion’’; and on the Vietnam Veterans Memorial and to pro- ington, DC and Environs’, numbered 869/86501 (ii) by striking ‘‘designs’’ and inserting ‘‘de- tect open space and visual sightlines on the B, and dated June 24, 2003. sign concepts’’; and Mall; and ‘‘(3) RESERVE.—The term ‘Reserve’ means the ‘‘(4) the visitor center shall be constructed and great cross-axis of the Mall, which generally ex- (2) in subsection (b)— landscaped in a manner harmonious with the tends from the United States Capitol to the Lin- (A) by striking ‘‘Secretary, and Adminis- site of the Vietnam Veterans Memorial, con- coln Memorial, and from the White House to the trator’’ and inserting ‘‘and the Secretary or Ad- sistent with the special nature and sanctity of Jefferson Memorial, as depicted on the map ref- ministrator (as appropriate)’’; and the Mall. erenced in paragraph (2). (B) in paragraph (2)(B), by striking, ‘‘open ‘‘(c) OPERATION AND MAINTENANCE.— ‘‘(4) SPONSOR.—The term ‘sponsor’ means a space and existing public use.’’ and inserting ‘‘(1) IN GENERAL.—The Secretary of the Inte- public agency, or an individual, group or orga- ‘‘open space, existing public use, and cultural rior shall— nization that is described in section 501(c)(3) of and natural resources.’’. ‘‘(A) operate and maintain the visitor center, the Internal Revenue Code of 1986 and exempt (f) CRITERIA FOR ISSUANCE OF CONSTRUCTION except that the Secretary shall enter into a writ- from tax under section 501(a) of such Code, and PERMIT.—Section 8906 of title 40, United States ten agreement with the Vietnam Veterans Me- which is authorized by Congress to establish a Code, is amended— morial Fund, Inc. for specified maintenance commemorative work in the District of Columbia (1) in subsection (a)(3) and (a)(4) by striking needs of the visitor center, as determined by the and its environs.’’. ‘‘person’’ and inserting ‘‘sponsor’’; and Secretary; and (c) AUTHORIZATION.—Section 8903 of title 40, (2) by striking subsection (b) and inserting the ‘‘(B) as soon as practicable, in consultation United States Code, is amended— following: with educators and veterans groups, develop a (1) in subsection (b)— ‘‘(b) DONATION FOR PERPETUAL MAINTENANCE written interpretive plan for the visitor center in (A) by striking ‘‘work commemorating a lesser AND PRESERVATION.— accordance with National Park Service policy. conflict’’ and inserting ‘‘work solely commemo- ‘‘(1) In addition to the criteria described above ‘‘(2) DONATION FOR PERPETUAL MAINTENANCE rating a limited military engagement’’; and in subsection (a), no construction permit shall AND PRESERVATION.—Paragraph (1)(A) does not (B) by striking ‘‘the event’’ and inserting be issued unless the sponsor authorized to con- waive the requirements of section 8906(b) of title ‘‘such war or conflict’’; struct the commemorative work has donated an 40, United States Code, with respect to the vis- (2) in subsection (d)— amount equal to 10 percent of the total esti- (A) by striking ‘‘CONSULTATION WITH NA- itor center. mated cost of construction to offset the costs of TIONAL CAPITAL MEMORIAL COMMISSION.—’’ and ‘‘(d) FUNDING.—The Vietnam Veterans Memo- perpetual maintenance and preservation of the inserting ‘‘CONSULTATION WITH NATIONAL CAP- rial Fund, Inc. shall be solely responsible for ac- commemorative work. All such amounts shall be ITAL MEMORIAL ADVISORY COMMISSION.—’’; available for those purposes pursuant to the ceptance of contributions for, and payment of (B) by striking ‘‘House Administration’’ and expenses of, the establishment of the visitor cen- provisions of this subsection. The provisions of inserting ‘‘Resources’’; and this subsection shall not apply in instances ter. No Federal funds shall be used to pay any (C) by inserting ‘‘Advisory’’ before ‘‘Commis- when the commemorative work is constructed by expense of the establishment of the visitor cen- sion’’; and ter.’’. (3) by striking subsection (e) and inserting the a Department or agency of the Federal Govern- ment and less than 50 percent of the funding for TITLE II—COMMEMORATIVE WORKS following: XPIRATION OF EGISLATIVE UTHOR such work is provided by private sources. SEC. 201. SHORT TITLE. ‘‘(e) E L A - ITY.—Any legislative authority for a commemo- ‘‘(2) Notwithstanding any other provision of This title may be cited as the ‘‘Commemorative rative work shall expire at the end of the seven- law, money on deposit in the Treasury on the Works Clarification and Revision Act of 2003’’. year period beginning on the date of the enact- date of enactment of the Commemorative Works SEC. 202. ESTABLISHMENT OF RESERVE. ment of such authority, or at the end of the Clarification and Revision Act of 2003 provided (a) FINDINGS.—Congress finds that— seven-year period beginning on the date of the by a sponsor for maintenance pursuant to this (1) the great cross-axis of the Mall in the Dis- enactment of legislative authority to locate the subsection shall be credited to a separate ac- trict of Columbia, which generally extends from commemorative work within Area I, if such ad- count in the Treasury. the United States Capitol to the Lincoln Memo- ditional authority has been granted, unless— ‘‘(3) Money provided by a sponsor pursuant to rial, and from the White House to the Jefferson ‘‘(1) the Secretary of the Interior or the Ad- the provisions of this subsection after the date Memorial, is a substantially completed work of ministrator of General Services (as appropriate) of enactment of the Commemorative Works Clar- civic art; and has issued a construction permit for the com- ification and Revision Act of 2003 shall be cred- (2) to preserve the integrity of the Mall, a re- memorative work during that period; or ited to a separate account with the National serve area should be designated within the core ‘‘(2) the Secretary or the Administrator (as ap- Park Foundation. of the great cross-axis of the Mall where the propriate), in consultation with the National ‘‘(4) Upon request of the Secretary or Admin- siting of new commemorative works is prohib- Capital Memorial Advisory Commission, has istrator (as appropriate), the Secretary of the ited. made a determination that— Treasury or the National Park Foundation shall (b) RESERVE.—Section 8908 of title 40, United ‘‘(A) final design approvals have been ob- make all or a portion of such moneys available States Code, is amended by adding at the end tained from the National Capital Planning Com- to the Secretary or the Administrator (as appro- the following: mission and the Commission of Fine Arts; and priate) for the maintenance of a commemorative

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00055 Fmt 7634 Sfmt 6333 E:\CR\FM\A06NO7.062 H06PT1 H10514 CONGRESSIONAL RECORD — HOUSE November 6, 2003 work. Under no circumstances may the Sec- There was no objection. The SPEAKER pro tempore (Mr. SIM- retary or Administrator request funds from a The SPEAKER pro tempore. Is there MONS). The gentleman from Ohio (Mr. separate account exceeding the total money in objection to the initial request of the OXLEY) is recognized for 1 hour. the account established under paragraph (2) or gentleman from California? Mr. OXLEY. Mr. Speaker, I yield my- (3). The Secretary and the Administrator shall maintain an inventory of funds available for There was no objection. self such time as I may consume. such purposes. Funds provided under this para- A motion to reconsider was laid on Mr. Speaker, this is a simple motion graph shall be available without further appro- the table. to get us into conference with the Sen- priation and shall remain available until ex- f ate on H.R. 2622, the Fair and Accurate pended.’’. PERSONAL EXPLANATION Credit Transactions Act, which the (g) AREAS I AND II.—Section 8908(a) of title 40, Senate passed yesterday. We have a lot United States Code, is amended— Ms. JACKSON-LEE of Texas. Mr. of work to do in a short amount of (1) by striking ‘‘Secretary of the Interior and Speaker, I was unavoidably detained in Administrator of General Services’’ and insert- time. my district on November 4. On rollcall Mr. Speaker, I yield back the balance ing ‘‘Secretary of the Interior or the Adminis- vote 603, H. Con. Res. 94, if I had been trator of General Services (as appropriate)’’; of my time, and I move the previous and present, I would have voted aye. question on the motion. (2) by striking ‘‘numbered 869/86581, and dated I was unavoidably detained in my The previous question was ordered. May 1, 1986’’ and inserting ‘‘entitled ‘Commemo- district on November 4. For rollcall The SPEAKER pro tempore. The rative Areas Washington, DC and Environs’, vote 602, H. Con. Res. 176, if I had been question is on the motion offered by numbered 869/86501 B, and dated June 24, 2003’’. present, I would have voted aye. the gentleman from Ohio (Mr. OXLEY). SEC. 204. SITE AND DESIGN CRITERIA. I was unavoidably detained in my The motion was agreed to. Section 8905(b) of title 40, United States Code district on official business on Novem- (as amended by section 203(e)), is amended by MOTION TO INSTRUCT CONFEREES OFFERED BY ber 5. On rollcall vote 609, H.R. 3365, if MR. FRANK of massachusetts adding at the end the following: I had been present, I would have voted ‘‘(5) MUSEUMS.—No commemorative work pri- Mr. FRANK of Massachusetts. Mr. aye. marily designed as a museum may be located on Speaker, I offer a motion. I was unavoidably detained in my lands under the jurisdiction of the Secretary in The SPEAKER pro tempore. The district on official business on Novem- Area I or in East Potomac Park as depicted on Clerk will report the motion. ber 5. On rollcall vote 608, H.R. 3214, if the map referenced in section 8902(2). The Clerk read as follows: ‘‘(6) SITE-SPECIFIC GUIDELINES.—The National I had been present, I would have voted Capital Planning Commission and the Commis- aye. Mr. FRANK of Massachusetts moves that the managers on the part of the House in the sion of Fine Arts may develop such criteria or I was unavoidably detained in my guidelines specific to each site that are mutually conference on the disagreeing votes of the district on official business on Novem- two Houses on the Senate amendment to the agreed upon to ensure that the design of the ber 5. On rollcall vote 607, H.R. 2620, if commemorative work carries out the purposes of bill H.R. 2622 be instructed as follows: this chapter. I had been present, I would have voted 1. That the House conferees insist that sec- ‘‘(7) DONOR CONTRIBUTIONS.—Donor contribu- aye. tion 304 of the House bill relating to the du- tions to commemorative works shall not be ac- I was unavoidably detained in my ties of furnishers of information be included knowledged in any manner as part of the com- district on official business on Novem- in the conference report. memorative work or its site.’’. ber 5. On rollcall vote 606, H.R. 2559, The SPEAKER pro tempore. Pursu- SEC. 205. NO EFFECT ON PREVIOUSLY APPROVED had I been present, I would have voted ant to clause 7 of rule XXII, the gen- SITES. aye. tleman from Massachusetts (Mr. Except for the provision in the amendment I was unavoidably detained in my FRANK) and the gentleman from Ohio made by section 202(b) prohibiting a visitor cen- district on November 5. On rollcall vote XLEY ter from being located in the Reserve (as defined (Mr. O ) each will control 30 min- in section 8902 of title 40, United States Code), 605, H.J. Res. 76, had I been present, I utes. nothing in this title shall apply to a commemo- would have voted aye. The Chair recognizes the gentleman rative work for which a site was approved in ac- On November 5, rollcall vote 604, H.R. from Massachusetts (Mr. FRANK). cordance with chapter 89 of title 40, United 2443, I was detained in my district on Mr. FRANK of Massachusetts. Mr. States Code, prior to the date of enactment of official business. If I had been present, Speaker, I yield myself such time as I this title. I would have voted aye. may consume. SEC. 206. NATIONAL PARK SERVICE REPORTS. f Mr. Speaker, I should inform the Within six months after the date of enactment membership that it is the earnest hope MESSAGE FROM THE PRESIDENT of this title, the Secretary of the Interior, in and, indeed, intention of the gentleman consultation with the National Capital Plan- A message in writing from the Presi- from Ohio and myself to control most ning Commission and the Commission of Fine dent of the United States was commu- Arts, shall submit to the Committee on Energy of those 30 minutes apiece somewhere and Natural Resources of the United States Sen- nicated to the House by Ms. Wanda else other than on the floor of this ate, and to the Committee on Resources of the Evans, one of his secretaries. House. United States House of Representatives reports f I very much appreciated the ability setting forth plans for the following: b 1645 to work with the chairman. We had a (1) To relocate, as soon as practicable after difficult issue, the fair credit bill. It is the date of enactment of this Act, the National APPOINTMENT OF CONFEREES ON not everything I would have liked to Park Service’s stable and maintenance facilities H.R. 2622, FAIR AND ACCURATE have seen. It is different than it would that are within the Reserve (as defined in sec- CREDIT TRANSACTIONS ACT OF tion 8902 of title 40, United States Code). have been if our side was in the major- (2) To relocate, redesign or otherwise alter the 2003 ity. But nevertheless it was a genu- concession facilities that are within the Reserve Mr. OXLEY. Mr. Speaker, by direc- inely legislated bill. There was give to the extent necessary to make them compatible tion of the Committee on Financial and take. It is, I think, an improve- with the Reserve’s character. Services and pursuant to clause 1 of ment over current law. The other body (3) To limit the sale or distribution of per- rule XXII of the rules of the House of has also passed a bill which has similar mitted merchandise to those areas where such activities are less intrusive upon the Reserve, Representatives for the 108th Congress, characteristics. It is an eminently and to relocate any existing sale or distribution I move to take from the Speaker’s conferencable bill because both Houses structures that would otherwise be inconsistent table the bill (H.R. 2622) to amend the have legislated on similar subjects not with the plan. Fair Credit Reporting Act, to prevent in diametrically opposite ways, but in (4) To make other appropriate changes, if identity theft, improve resolution of similar ways. any, to protect the character of the Reserve. consumer disputes, improve the accu- This instruction motion, and we have Mr. POMBO (during the reading). Mr. racy of consumer records, make im- discussed this with the majority side, Speaker, I ask unanimous consent that provements in the use of, and consumer has been cut down, as a clever deduc- the Senate amendment be considered access to, credit information, and for tion would lead you to believe, since if as read and printed in the RECORD. other purposes, with a Senate amend- you read the instruction motion, it The SPEAKER pro tempore. Is there ment thereto, disagree to the Senate consists of a paragraph numbered 1. Or- objection to the request of the gen- amendment, and agree to the con- dinarily one does not number a para- tleman from California? ference asked by the Senate. graph 1 unless one has a 2. We did have

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.062 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10515 a 2; it has gone in the interest of con- want us to conduct their business. Consider- GENERAL LEAVE ciliation and compromise, so we now ation of this bill consistently has been bipar- Mr. OXLEY. Mr. Speaker, I ask unan- have one. And it is that the House tisan and thoughtful. All members of the com- imous consent that all Members may stick by its position on a very impor- mittee with opinions and proposals on the have 5 legislative days to revise and ex- tant subject, and I appreciate the gen- issues raised by H.R. 2622 were able to offer tend their remarks on the motion to go tleman from Ohio’s support on this. amendments and participate in debate. The to conference and the motion to in- What we have done in this bill, in way in which this measure was handled made struct on the bill, H.R. 2622, and to in- both bodies, is to increase the informa- this a stronger piece of legislation than the sert extraneous material thereon. tion to consumers about credit reports. version we introduced. I commend our com- The SPEAKER pro tempore. Is there We have in various ways, by increasing mittee’s leadership, Chairman OXLEY and objection to the request of the gen- the flow of information, given the con- Ranking Democrat FRANK, for making this pro- tleman from Ohio? sumers a better chance to know what posal. There was no objection. is being said about them. But there was The instructions before us today urge the f one flaw that came to me as I read the conferees to agree to provisions in the House MOTION TO INSTRUCT CONFEREES volumes of testimony that we got, bill that will enhance the accuracy of informa- ON H.R. 2660, DEPARTMENTS OF namely, there was a problem with the tion which creditors, retailers and other fur- LABOR, HEALTH AND HUMAN input of the information at the outset, nishers of information provide to consumer re- SERVICES, AND EDUCATION, AND the accuracy. What we have is, in the porting agencies. They also add new require- RELATED AGENCIES APPROPRIA- law, a very low standard of care that ments that provide consumers with an addi- TIONS ACT, 2004 the initial furnishers of the informa- tional option to correct their consumer files by Mr. BELL. Mr. Speaker, I offer a mo- tion have to have. disputing information directly with individual I understand they are having prob- tion to instruct. furnishers of that information. The SPEAKER pro tempore. The lems. We are not trying to overburden Mr. Speaker, the problems of inaccurate them. Indeed, I have talked to the gen- Clerk will report the motion. and incomplete information that plague the The Clerk read as follows: tleman from California (Mr. ROYCE) current credit reporting system are of great Mr. BELL moves that the managers on the about some ways later on to modify personal concern to those of our constituents part of the House at the conference on the this to keep people from being flooded; who have suffered them. I’m sure each of us disagreeing votes of the two Houses on the but essentially what the motion says is could relate instances involving constituents bill, H.R. 2660, be instructed to insist on the that we stick by the language in our highest funding levels possible for the Na- who have faced tremendous difficulty and ag- tional Institutes of Health. bill that makes it easier, if you get this gravation in correcting inaccurate credit his- The SPEAKER pro tempore. Pursu- information and it tells you that there tories. was some inaccuracy about you, this ant to clause 7 of rule XXII, the gen- This legislation directly addresses these bill, this language, makes it easier for tleman from Texas (Mr. BELL) and the very real problems faced by people every day you to get that corrected. It means gentleman from Ohio (Mr. REGULA) of the year. The provisions of the motion to in- that you are entitled to more coopera- each will control 30 minutes. struct will ensure that the new law does so tion than under current law to get in- The Chair recognizes the gentleman meaningfully. accurate information about you cor- from Texas (Mr. BELL). Mr. BELL. Mr. Speaker, I yield my- rected. That is what we do. I appreciate Our credit system is the envy of every other country in the world. Our country, overall, self such time as I may consume. the gentleman from Ohio’s support. Mr. Speaker, I rise today to address Mr. OXLEY. Mr. Speaker, will the does an excellent job of making credit avail- able quickly and fairly to consumers and busi- an issue that affects every Member in gentleman yield? the House as well as every American Mr. FRANK of Massachusetts. I yield nesses. Enactment of H.R. 2622 will preserve and strengthen this system. I urge my col- that we speak for in this body. I am to the gentleman from Ohio. talking about the future health of our Mr. OXLEY. I thank my friend from leagues to support the Frank motion and to support the conference report that should be Nation and our commitment as a soci- Massachusetts for yielding. ety to cure disease, end suffering, and Mr. Speaker, let me say to my good before us within a few weeks. improve the quality of life for our fel- friend that this is a bill that passed Mr. FRANK of Massachusetts. Mr. Speaker, I yield back the balance of low citizens. this House a few weeks ago with, I Disease does not discriminate in my time. think, 392 votes and had strong bipar- America. It is not partisan. It takes as tisan support because of the work that Mr. OXLEY. Mr. Speaker, I yield its victims men and women of every the committee did in working with all back the balance of my time. race and ethnicity, every socio- sectors of the committee on this im- The SPEAKER pro tempore. Without economic bracket, rich or poor, Repub- portant issue. All of us know that we objection, the previous question is or- lican or Democrat, young or old. Dis- need to reauthorize the Fair Credit Re- dered on the motion to instruct. ease can strike anyone: cancer, Alz- porting Act by the end of this year, and There was no objection. heimer’s, Parkinson’s, AIDS, diabetes, so time is of the essence. I am prepared The SPEAKER pro tempore. The depression, ALS, multiple sclerosis, to not only associate myself with the question is on the motion to instruct sickle-cell anemia, heart disease. The remarks of the gentleman from Massa- offered by the gentleman from Massa- most talented, the most brilliant, the chusetts but also to support his motion chusetts (Mr. FRANK). most loving and the most giving people to instruct. The motion to instruct was agreed in the world have been and continue to Mr. MOORE. Mr. Speaker, I rise in support to. be victims of these baffling diseases. of the motion to instruct conferees being of- A motion to reconsider was laid on These are diseases that have affected fered by the ranking Democratic member of the table. America’s best and brightest. the financial Services Committee, Mr. FRANK. Health is the principal building block As a member of that committee, I was deeply APPOINTMENT OF CONFEREES to our Nation’s wealth and welfare. Our involved in the drafting and consideration of The SPEAKER pro tempore. Without ability to produce, create, innovate, the Fair and Accurate Credit Transactions Act. objection, the Chair appoints the fol- contribute, and lead this great country I was pleased to join with my colleagues, lowing conferees: For consideration of through the next generations and the Representatives BACHUS, HOOLEY and the House bill and the Senate amend- true measure of greatness of our free BIGGERT, in introducing this bipartisan meas- ment, and modifications committed to society which promises life, liberty and ure. This bill was approved in subcommittee conference: Messrs. OXLEY, BEREUTER, the pursuit of happiness are in large on a vote of 41–0, in full committee by a vote BACHUS, CASTLE, ROYCE, NEY, Mrs. part dependent on the commitment we of 63–3 and by the full House by a vote of KELLY, Mr. GILLMOR, Mr. LATOURETTE, in the United States Congress make to 392–30 with one voting present. Earlier this Mrs. BIGGERT, Messrs. SESSIONS, FRANK the future of health and science re- week, the Senate approved a similar version of Massachusetts, KANJORSKI, SANDERS, search and discovery. I am talking of this bill by 95–2. Ms. WATERS, Mr. WATT, Mr. GUTIERREZ, about the funding level this body deter- Mr. Speaker, this is the way Congress Ms. HOOLEY of Oregon and Mr. MOORE. mines for the National Institutes of should work. This is the way our constituents There was no objection. Health, or NIH as it is known.

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.132 H06PT1 H10516 CONGRESSIONAL RECORD — HOUSE November 6, 2003 As all of my colleagues know, what funding the Committee on Appropria- I would like to thank the gentleman began as a one-room laboratory of hy- tions has provided to the National In- from Ohio for his support for the mo- giene in 1887 is now today one of the stitutes of Health and respond to the tion to instruct. And all I would like to world’s foremost medical research cen- motion to instruct from the gentleman say in response is that I hope that he ters. The National Institutes of Health from Texas. I think all Members of the will join me in trying to urge the con- is the steward of medical and behav- House have been touched by a family ferees to look for the highest level of ioral research for our Nation. The NIH member or constituent with a heart- funding possible. In that 2.5 percent, provides leadership and direction to wrenching medical problem who turned while it may be a little bit more programs designed to improve the to the research supported by NIH as money, the rate of inflation is pre- health of the Nation by conducting and their hope for recovery or relief from dicted to be 3.3 percent. So one could supporting research in the causes, diag- pain. make the argument that this will be a nosis, prevention, and cure of human The fiscal year 2004 appropriation net decrease and it will have a dra- diseases. bills passed by the House and Senate matic impact on the following diseases: Because we have invested in the NIH, continue the tradition of congressional cancer, Parkinson’s, Alzheimer’s, heart it is estimated that 62,000 HIV-related support. The House bill provides al- disease, HIV/AIDS, depression and deaths were prevented in the year 2000, most a $700 million increase for NIH, mental illness, diabetes, dental dis- 241,000 stroke-related deaths were pre- one of the largest program increases in eases, measles, ALS, kidney disease, vented in the year 2000, and 815,000 cor- the bill and the largest increase in the genome research. onary heart-related disease deaths Department of Health and Human Everybody knows the incredible need were prevented in the year 2000. In can- Services. This comes on the heels of that we face, and I very much appre- cer research alone, in childhood leu- completing the doubling of funding for ciate the gentleman from Ohio’s recog- kemia, the cure rate has reached 80 NIH over a 5-year period, from $13.7 bil- nizing that, and, hopefully, we can get percent as a result of a host of new lion to $27 billion in the short span of a much higher level of funding from drugs. Testicular cancer now has a 91 5 years. the conferees. percent cure rate, and for prostate can- b 1700 Mr. Speaker, I yield 3 minutes to the cer, the annual death rates have been I think the chart we have here tells gentleman from Rhode Island (Mr. reduced by 28 percent. Ovarian cancer the story very eloquently. We can see LANGEVIN). can now be diagnosed through a simple on the bar graph how much since 1996 (Mr. LANGEVIN asked and was given blood screening. We now have the won- NIH funding has increased through the permission to revise and extend his re- derful new drug Tamoxifen to treat doubling mechanism, and it is very marks.) Mr. LANGEVIN. Mr. Speaker, I breast cancer. substantially more than it was when The proposal for fiscal year 2004 the Republicans took over. It was $13 thank the gentleman for yielding me would be the smallest percentage in- billion. Now, it is $27 billion. And I this time. I want to say that I rise in strong crease for NIH in 18 years and a sharp think it shows the commitment of the support of the Bell motion to instruct deceleration from the 15 percent an- majority party to NIH. Yes, it is a lit- nual increases that NIH received in re- tle bit less than the doubling era, but conferees on the Labor, Health and cent years under the bipartisan pro- we cannot continue that; we do not Human Services and Education Appro- gram to double the medical research have the resources, but it still provides priations bill to increase funding for budget. The House-passed version of an increase in new grants and the high- the National Institutes of Health to the fiscal year 2004 Labor-HHS-Edu- est total level of grants in NIH’s his- the highest level possible. cation Appropriations Act provides an tory. And because NIH had more than a Mr. Speaker, I was proud to be a part increase of just 2.5 percent, which $1 billion of one-time costs in fiscal of the Congress that worked together translates into $682 million, an in- year 2003 that can be converted to re- with Presidents Clinton and Bush to crease that may not even keep up with search funding in fiscal year 2004, the double the budget of the NIH between the rate of inflation. The bottom line real increase for NIH is more than 6 1998 and 2003. I want to especially com- is, if there is a cure, the NIH will most percent, that is, for research programs, mend the gentleman from Ohio (Chair- likely find it. We must give them the a level in line with most annual in- man REGULA) and the ranking member proper resources to do their job. creases prior to the doubling. for their leadership on this issue. This is not a partisan issue. This is I am confident that Dr. Zerhouni, the The growth during those years has our issue, yours and mine. I know I am new director of NIH, will lead the agen- already yielded amazing results, and not the only one that feels this way. I cy on a productive new path in the we are just beginning to see the fruits know that I am joined by my friends on postdoubling era. I am enthused about of that landmark achievement. Every- both sides of the aisle. In fact, I am the ‘‘road map’’ he has unveiled after one agrees this investment in the fu- proud to say that I was joined by 213 of extensive consultation with the re- ture of medicine was the right decision my colleagues in the House, both search community. Of course, we would to make for America and, indeed, for Democrats and Republicans, in sending all like to provide Dr. Zerhouni with the world. a letter to the conferees urging them the highest possible funding level in The outcomes of these cutting-edge to provide the highest level of funding conference, and I am confident we will projects are opportunities for us to un- possible for the NIH. Therefore, it is do that. I intend to support the gentle- derstand diseases, improve health, and my hope that we can continue to move man’s motion. I think the House has open the doors to future progress forward on this issue in a bipartisan already demonstrated that they want through the application of scientific fashion, which is why I hope the leader- to do it with the highest possible fund- research. We are on the road to obtain- ship of both parties and my fellow col- ing level in light of the resources made ing the knowledge we need to more leagues on both sides of the aisle will available to us as the Committee on fully understand and ultimately con- all join me in voting for this motion to Appropriations, and I have no quarrel trol or defeat cancer, Parkinson’s dis- instruct on a matter I believe a major- with the gentleman and I know that we ease, diabetes, paralysis, and many ity of this body already supports. It is will, in conference, try to reach the other diseases and conditions. These just too important to all of us here and highest funding level that is possible projects also play a key role in pre- to all Americans for us to ignore. because NIH is an extremely important paring the Nation for incidents of bio- Mr. Speaker, I reserve the balance of resource of this Nation. They have terrorism. my time. done great work over the years, and we Given how far we have come in this Mr. REGULA. Mr. Speaker, I yield are very supportive of them both in our remarkable bipartisan effort, I am ex- myself such time as I may consume. subcommittee and the Committee on tremely disappointed that the Labor, (Mr. REGULA asked and was given Appropriations and in conference. Health and Human Services and Edu- permission to revise and extend his re- Mr. Speaker, I reserve the balance of cation Appropriations bill by the House marks.) my time. this year contained a margin of in- Mr. REGULA. Mr. Speaker, I am Mr. BELL. Mr. Speaker, I yield my- crease that inconsistent with all that pleased today to rise to discuss the self 1 minute. we have accomplished in recent years.

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.134 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10517 The House-passed increase of 2.5 per- two of my good friends in Ft. Lauder- make breakthroughs in many areas if cent would be the smallest percentage dale to lung cancer within the last we continue to commit the necessary increase in 18 years, as aptly pointed year. And I was giving the eulogy for a resources. out by my colleague, and would fail to very dear friend of mine only 2 months I am very proud of the fact that the sustain these projects that have only after my operation; she died of lung National Institutes of Health has its just begun. In fact, 2.5 percent falls far cancer. It is a terrible disease. We are home in my congressional district. We short of what is needed merely to keep so close to unlocking all these secrets, also have a flourishing biomedical re- up with inflation, again, pointed out by and we are so close to being able to search industry developing the medi- my colleague. Experts in the research offer more and more early detection cines of tomorrow. We have just com- field have made it clear to me that with all the wonderful breakthroughs pleted mapping the human genome. We they need an estimated 8 to 10 percent that we have had. are on the threshold of many new dis- increase in funding to renew the many So I compliment the chairman and coveries, many new cures, and we have ongoing multi-year research projects, the gentleman from Texas (Mr. BELL) the potential for breakthroughs in so while encouraging new research on the motion to instruct. I am sure many areas. Now is not the time to projects and exploring new ideas and that it will get wide bipartisan sup- rest. avenues of inquiry. port, and I also want to applaud the The House-passed appropriation calls Mr. Speaker, we must do all we can tremendous increases in funding that for just a 2.5 percent increase, the to encourage younger physicians and we have had over the years. I think smallest in 18 years, and effectively, scientists interested in medical re- that shows that the Congress does defi- when we consider the fact that bio- search careers to use their talents for nitely care. We are concerned about medical inflation is 3.3 percent, it ef- the greater good. Millions of Ameri- the life and the health of all Americans fectively takes us backwards. The Sen- cans now suffering with diseases and and people throughout the world who ate came in at 3.5 percent, barely illnesses deserve our continued com- all benefit from the wonderful research standing still. What are we saying? mitment to new research and ulti- that goes on at NIH. What kind of message are we sending mately to a cure. To that end, Mr. Mr. BELL. Mr. Speaker, I yield my- to our citizens? What are we telling our Speaker, I urge all of my colleagues to self 15 seconds. families? Sorry, the tax cuts were just vote in favor of the Bell motion to in- I just want to thank the gentleman too important? Sorry, this just is not struct. I commend my colleague for of- from Florida for his comments and evi- one of our top priorities anymore? Do fering the motion. dencing the strong bipartisan support not worry, we need to take a breather, Mr. REGULA. Mr. Speaker, I yield 5 that this motion to instruct does there is always next year? That is the minutes to the gentleman from Florida enjoy. wrong message to send. Diseases do not (Mr. SHAW), a strong booster of the Mr. Speaker, I yield 4 minutes to the call it quits. Diseases do not say okay, NIH. gentleman from Maryland (Mr. VAN time out for this year, wait until next Mr. SHAW. Mr. Speaker, I rise in HOLLEN). year. And neither should we. very strong support for the motion to Mr. VAN HOLLEN. Mr. Speaker, I So I congratulate my colleague from instruct. I think through the years in rise to support the motion of my col- Texas for offering this motion. I urge all the years that I have been in Con- league from Texas and thank him for my colleagues on both sides of the aisle gress, we have seen great bipartisan his leadership on this issue. to continue that bipartisan support support when it comes to the National If there is anything that we as a Na- that we have had for the last 5 years in Institutes of Health, and it is because tion ought to be able to agree on, it is doubling the NIH budget. Let us con- we are getting so close so many break- our common resolve to fight and over- tinue it. Let us make a renewed com- throughs. Cures for cancer, cures for come the scourge of disease and dis- mitment not to put the brakes on, diabetes, the list goes on and on and ability. This is not a Democratic issue. which is unfortunately what this budg- on, and we are going to improve the This is not a Republican issue. It is an et does. Let us take advantage of the quality of life for so many people American issue. It is really a human investments and the knowledge we throughout the world, and we are going issue. And I want to commend the gen- have gained over the last 5 years to fol- to also extend the life of so many peo- tleman from Ohio (Mr. REGULA) and low through and come up with cures to ple. the others who on a bipartisan basis so many diseases that plague our citi- When we look at the tremendous over the years have helped double and zens. breakthroughs that we have had with really make a commitment to this diseases such as cancer, I myself was a issue. b 1715 victim of cancer, and it was, I think, There are literally tens of thousands Mr. REGULA. Mr. Speaker, I yield probably the most dangerous cancer of our fellow citizens and their families myself such time as I may consume. one can have, and that is cancer of the waiting today, right now as we are Mr. Speaker, let me reiterate that in lungs. We do not spend nearly enough talking on this floor, for a cure or a the last 5 years we have doubled the on lung cancer research. We need to do treatment or a breakthrough that will budget of NIH. We have had some won- a much better job. We need to do more. mean the difference between sickness derful results. They testified in our Lung cancer kills more people than the and health, between hope and despair, committee not long ago that today, be- next three combined, and this means between independence and suffering, cause of advances in medical science, we need to get moving over into that between life and death. every 5 years life expectancy goes up 1 direction. How disappointing, then, that after year. That is a tremendous break- I asked the question once why do we following through on our noble bipar- through and achievement, particularly not spend more on lung cancer? And tisan effort to double our NIH budget for our younger people. I look at my 20- one of the answers I got was that there over 5 years, we should be here today month-old granddaughter and think are so few survivors that push for this talking about an effective freeze on how much more she will have in years, and for more and more research in this spending, on our investment in basic and, hopefully, quality years. That is area. And we get another answer: It is biological and biomedical research. It the other challenge of NIH. caused by smoking. I had not smoked is as if we had our collective foot on Let me say again that this is a little in 30 years, and the type of cancer I the pedal together in a race for a cure misleading to talk about a freeze, be- had of the lung is the nonsmoking type on all these diseases and then all of a cause last year we put a lot of money of cancer. But early detection and this sudden we slam on the brakes. What in construction, which is not in this research is the key to wiping out all of happened? Did we win the race against budget. So in real terms of research these diseases. these diseases? Of course not. Is there this budget is up 6 percent, because of My prognosis is very good. I get reg- any less need today? No. Are there the money that will be available that ular checkups, and I will be fine. But fewer promising avenues for research? has not been put into construction, as there are so many out there that are Of course not. In fact, the opposite is has been the case in other years. suffering, that the clock is ticking and true. We are poised, because of our in- I also want to commend Dr. their life is very limited, and I just lost vestments over the last 5 years, to Zerhouni, the new director of NIH. I

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.136 H06PT1 H10518 CONGRESSIONAL RECORD — HOUSE November 6, 2003 think we can look forward to his lead- son’s disease by the time all the baby Nothing, however, has shown more ership being very effective on the part boomers have retired; 11⁄2 million progress than the results we have seen of this institution. He has developed a Americans are going to have ALS by in clinical trials involving the trans- new road map, after extensive con- the time all the baby boomers have re- plantation of insulin-producing cells sultation with the research commu- tired. into individuals with Type I diabetes. nity; and the road map is designed to For Iraq, $150 billion over a 1-year pe- This groundbreaking research has bring the NIH greater successes than riod. For NIH, for all of the health care truly brought us within the reach of a they have experienced in the past. That security for every American family, cure. So far, we are seeing an 80 per- is a great credit to his leadership; it is after inflation, after some of the cent success rate. By actually funding a great credit to Secretary Thompson, money which is going to have to now this research, we can help the Immune who named him to this position, and to be spent on bio-defense and Tolerance Network support further President Bush, who supported this antiterrorism at NIH as well and co- clinical trials so that islet transplan- very strongly. ordination with the antiterrorism ef- tation will be available for the millions I think we can look forward to a con- fort, we are going to see a net decrease of Americans with diabetes. tinued period of great accomplish- in NIH spending. The tiny 2.5 percent NIH funding in- ments from NIH. We are very sup- Now, one of the by-products of all the crease passed by the House means that portive of this effort and will put the NIH spending over the years has been some studies by the NIH will not be highest amount possible, as stated in the lengthening of life expectancy. continued and that researchers with the motion to instruct. We will do That is good. But the problem is that it promising ideas will not be funded at that. has made it clearer that when people all. We are stifling research with this But we have limitations. We have the age, all of these other diseases then anemic increase, and we are limiting budget. We have the dollars available manifest themselves, Alzheimer’s, the quality of health care available to to us. In our subcommittee, it is not ALS, Parkinson’s and many others for all Americans. just NIH. It is education; it is IDEA. which we do not have a cure. We have Diabetes costs $132 billion a year and There was an extra $1 billion we put in cured the diseases that people died one in four Medicare dollars is attrib- this year. There are a whole host of from in 1900, remarkably because of utable to individuals with diabetes. A good programs. NIH; but we have not cured the dis- larger investment now in this research I say our Subcommittee on Labor, eases of the 21st century yet. That only will save money in the future. Health and Human Services, Education can happen if NIH is fully funded. Let us keep our promise to the chil- and Related Agencies is the love-your- Now, for smart bombs, an unlimited dren who visited this year. Let us re- neighbor committee, because all 280 budget; for smart medical research, I member them, and vote for the Bell am sorry, no increase. million Americans in one way or an- amendment. Mr. Speaker, if we are not going to other have their lives touched by the Mr. BELL. Mr. Speaker, I yield 2 fund and leave the money in for the minutes to the gentleman from Texas education programs, by NIH research, nursing home care for all of these peo- (Mr. GREEN). by our Labor Department programs to ple, and, by the way, half the people in (Mr. GREEN of Texas asked and was help people get relocated and get new nursing homes have Alzheimer’s, guess given permission to revise and extend jobs in the event of plant closures. who pays for it? Medicaid. When it hits his remarks, and include extraneous So we are going to do the best we 14 million, it is going to be Medicaid. material.) can. This motion to instruct, we are But this tax cut is now going to make Mr. GREEN of Texas. Mr. Speaker, I going to support it because it says es- it impossible for us to fund that nurs- rise in strong support of my neighbor sentially what the committee will try ing home care for those senior citizens in Houston’s motion to instruct con- to do in conference. across our country. Mr. Speaker, I yield back the balance So they either have to have it one ferees to increase funding for the Na- of my time. way or the other in the Bush adminis- tional Institutes of Health. 1 Mr. BELL. Mr. Speaker, I yield 3 ⁄2 tration: cure these diseases, or leave The NIH is the crown jewel of Amer- minutes to the gentleman from Massa- the money in for the nursing home ica’s biomedical research system. chusetts (Mr. MARKEY). care. You cannot have it both ways. Thanks to incredible work done at Mr. MARKEY. Mr. Speaker, I thank Mr. BELL. Mr. Speaker, I yield 2 NIH, Americans are living longer, en- the gentleman from Texas for yielding minutes to the gentlewoman from Col- joying a better quality of life, and wit- me time. orado (Ms. DEGETTE). nessing cures and treatment for dis- Mr. Speaker, I want to begin by say- Ms. DEGETTE. Mr. Speaker, I want eases that once meant certain death. ing that this is a moment in American to thank the gentleman from Texas The Congress made a commitment to history where we begin to pay the price (Mr. BELL) and the gentleman from build on the success of the NIH by dou- for the Bush tax cuts. For 3 years, we Ohio (Mr. REGULA) for the great work bling its budget over the past 5 years, have been told that the $3 trillion they do for NIH. and I congratulate the appropriations worth of tax cuts that are now going to I am here as the cochair for the Dia- process. I was a strong supporter of be put in place over the next 15 years, betes Caucus to encourage Members to that effort, and I am glad that the that we do not have to worry because it vote for this motion to instruct. Diabe- President signed that fifth and final in- will not impact on education, it will tes is one of the fastest growing and stallment last year. not impact on Social Security, it will deadliest diseases in the United States. But, in all honesty, 2.5 percent is an not impact on Medicare, it will not im- Approximately 17 million Americans, embarrassment. My concern, Mr. pact on Medicaid, it will not impact on or 6.2 percent of the population, have Speaker, is a saying we have in some NIH. Do not worry. diabetes. NIH funding is essential to rural areas, Don’t eat your seed corn. Well, the gentleman from Ohio did a preventing, treating, and curing this That is what we are doing here. The wonderful job doubling the NIH budget disease. Research done at the NIDDK NIH research is the seed corn for our over a 5-year period. He has got a heart has been critical for the prevention and biomedical successes. If we do not con- of gold. But this issue is now out of his treatment of diabetes and its complica- tinue to provide much more than 2.5 control. There is no money left. We tions, which include blindness, kidney percent, then we are eating our seed have got to tighten our belt. failure, heart disease, and amputation. corn in our country. That should not How about in Iraq? Well, not there. NIH research has shown that it is happen, because, in the long run, and There, we have an ability to send $87.5 possible to stop the progression of the even in the short run, our constituents’ billion this year, on top of the $75 bil- disease in newly diagnosed individuals; health will directly be affected. lion we have already spent. For NIH, it has helped pinpoint the genes that Mr. Speaker, this is the smallest in- sorry, no increase. No increase? Four- cause the disease and its complica- crease in 18 years for the NIH, a sharp teen million Americans are going to tions; and it has proven that normal- deceleration from the 15 percent an- have Alzheimer’s by the time all the ization of blood glucose levels can help nual increases; and that is why I say, baby boomers have retired, 14 million. many people with the disease avoid let us not eat our seed corn. Let us pro- Five million are going to have Parkin- complications. vide the opportunity for us and our

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.139 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10519 children and our parents to continue to are made between what happens out in is too great, whether it is cancer or benefit from the success of NIH. Bethesda and the daily lives of not heart or stroke or ALS or cystic fibro- This leaves almost no room for any only American citizens, but people sis and a myriad of other diseases. Peo- projects. According to NIH, just main- around the world who depend upon the ple do not have the time to wait. taining ongoing research projects will research and the difference that it So it is very important that we tack- require funding increases totaling $652 makes. These investments have pro- le these issues. I would hope that the million in FY 2004. That would eat up vided us with cures for the diseases gentleman, as he votes for this non- the majority of the $673 million in- that once killed so many people. binding motion to instruct, and his col- crease in the bill. Now we are faced with what the com- leagues, will do more than just put Mr. Speaker, that is why it is so im- pletion of the Genome Project has that vote up on the board and pretend portant that we provide much more brought us, poised as we are on the that they are for a big increase, be- money to NIH. edge of discovering treatments, preven- cause we all know that in the Presi- Again, I thank the gentleman from tion methods and cures for some of the dent’s budget this last year, there was Houston, Texas (Mr. BELL) for pro- most debilitating and costly diseases not a big increase. There was not really viding this motion to instruct. that we know in our world today. much more than a freeze, and we have Mr. Speaker, I rise today in strong support As people are living longer, we find to do better than that. of my Houston colleague’s motion to instruct so many who struggle with heart dis- So this is a time for us to really dig conferees to increase funding for the National ease, with diabetes, with Alzheimer’s, deep, to do the quiet, behind-the-scenes Institutes of Health (NIH). with ALS, with a myriad of conditions, work that is necessary to make sure The NIH is the crown jewel of America’s where the research that is going on that our NIH budget genuinely in- biomedical research system. Thanks to the in- there now and the studies that are creases to meet the terrific need, not credible work done at NIH, Americans are liv- building upon the Genome Project and only in our country, but around the ing longer, enjoying better quality of life, and being developed are going to bring us world, because as the gentleman witnessing cures and treatment for diseases those cures. knows, we are inventing the cures for that once meant certain death. I want to speak just for a minute, fol- diseases around this world. The Congress made a commitment to build lowing in the sequence of other speak- [From the Tennessean.com, Nov. 7, 2003] on the success of the NIH by doubling its ers, about cancer and what clinical REPRESENTATIVE JIM COOPER: DON’T LET budget over the past five years. trials mean. I speak from personal ex- CONGRESSIONAL BUDGET CUTS SLOW THE WAR AGAINST CANCER I was a strong supporter of that endeavor, perience as well, knowing as I do how (By Representative Jim Cooper) and was proud that last year, the President lives depend on the pipeline that comes signed the fifth and final installment of that Patty Corlew lives on a quiet street in Mt. from the research right here, that is Juliet. She’s a wife and mother. She works promise. the hope for the future for people who part-time. She helps out at Boy Scouts and But I, like my colleagues, was terribly dis- struggle today, who face being cut off, is someone folks describe as a solid friend appointed that this historic increase was fol- many in midlife with promising fu- and good neighbor. Patty Corlew is not lowed by an embarrassing increase of only 2.5 tures, and the economic value that we someone you’d likely expect to be a percent. place on them. protestor. Fortunately, you’d be wrong about lThis is the smallest percentage increase in For this, and many other reasons, I Patty Corlew. 18 years and a sharp deceleration from the 15 ‘‘My boys were almost 2 and almost 6 when want us to turn what we are creating, I was diagnosed with breast cancer. Thanks percent annual increases that NIH received in a deficit in NIH funding, into an in- for these last nine years. I only wish my recent years under the bipartisan program to crease. I support the Bell motion to in- friend Mary and Elizabeth and others could double the medical research budget. struct conferees. have shared them with me and watched their This proposed increase doesn’t even cover children grow and become grandmothers like 1730 the costs of what it’ll take to keep up with in- b I hope to become. Please find a cure.’’ flation. Mr. BELL. Mr. Speaker, I yield 2 Patty Corlew is speaking out. She’s added And it leaves almost no room for any new minutes to the gentleman from Ten- her name and her story to the growing list of Middle Tennessee-area cancer survivors who nessee (Mr. COOPER). projects. According to NIH, just maintaining are concerned about the proposed level of ongoing research projects will require funding Mr. COOPER. Mr. Speaker, I thank funding for the National Institutes of Health increases totaling $652 million in FY 2004. the gentleman from Texas for yielding (NIH) currently pending in Congress. That would eat up the majority of the $673 me this time. This is a very important Those of us fortunate to live in Middle million increase in the bill. topic. I am a cancer survivor myself, Tennessee don’t have to look far to see the If we are really committed to providing the but I think every family in America potential impact of a slowdown in NIH fund- investments necessary to maintain our mo- has been touched by serious illness, ing. Nashville is home to two of the leading and the NIH can help if it is properly medical research institutions working in mentum, we must provide at least an 8–10 partnership with NIH and its National Can- percent increase in NIH funding. funded. We are very grateful for the in- cer Institute (NCI). I urge my colleagues to support Congress- creases in the past. I celebrate the At the Vanderbilt-Ingram Cancer Center, a man BELL’s motion, and urge conferees to leadership of the gentleman from Ohio; team led by Dr. Ray DuBois was the first to keep the momentum going by providing a suf- he is a great Member of this body. But establish the link between colorectal tumors ficient increase for NIH. I worry that others in his party who and an enzyme known as COX–2. Their find- Mr. BELL. Mr. Speaker, I yield 2 call themselves compassionate con- ings helped explain why people who took large quantities of aspirin or drugs like minutes to the distinguished gentle- servatives have left out the compas- ibuprofen over long periods of time had a woman from California (Mrs. CAPPS), sionate part. lower incidence of colorectal cancer. Dr. who also serves as the Chair of the To freeze the NIH budget at a time DuBois is now the leader of a national study Cancer Caucus, as well as the Heart like this does serious damage to the re- exploring whether COX–2 inhibitors might be and Stroke Caucus. search efforts that are going on all used to prevent colorectal cancer as well as Mrs. CAPPS. Mr. Speaker, I thank across this country, literally harming a variety of other cancers. my colleague for yielding me time, and the futures of so many of our citizens. Meharry Medical College recently It is not the gentleman’s fault. He has launched a long-term study of racial dispari- I rise in support of the Bell motion to ties in breast cancer. Women from minori- instruct. done the best that he can. ties are more likely to die of breast cancer Mr. Speaker, there is not a Member We all know that in this nonbinding today even though they are less likely to get of the House who is not terrifically motion that we are all about to vote the disease. According to Dr. Ana Grau, can- proud of what goes on at the NIH and for, it will really amount to very little cer surgeon and director of The Breast proud of the role that we play in fund- change in that budget. We can and Health Center at Metro General Hospital at ing this tremendous use of taxpayer must do more. We must influence the Meharry, the center is determined to im- dollars. We can see the direct connec- President’s budget-making process prove breast cancer survival rates for all women. tion between that investment and the right now for his budget for next fiscal In another study, Vanderbilt-Ingram and very best health care in the world that year. We need to make sure that we Meharry are working together to answer one is available because of the science that have no more freezes like this, no more simple but important question: Why are Af- goes on there and the connections that inadequate increases, because the need rican Americans, and all people in the South,

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.140 H06PT1 H10520 CONGRESSIONAL RECORD — HOUSE November 6, 2003 at greater risk of developing and dying from Health in 18 years? Indeed, Mr. Speak- diatricians, American Association of cancer than other ethnic or regional groups? er, it is true. Blood Banks. I could go on and on, and The NIH-supported study will track more The 2.5 percent increase for NIH in I would not even be out of the As. than 100,000 participants over five years to the House-passed version of the Labor- The point is, this motion has wide, determine what lifestyle factors may be re- wide support in the medical research lated to higher cancer rates for minorities HHS-Education appropriation bill, and all residents in our region. which is the same increase proposed by and educational communities, and they As these examples indicate, NIH is pro- the Bush administration, pales in com- are not going to be satisfied if the con- viding help and hope to millions of Ameri- parison to the 15 percent annual in- ferees come back and say, 2.5 percent is cans today. Without the appropriate funding, creases NIH has received in recent as high of an increase as we can give. however, future discoveries like these may years under our bipartisan program to They are looking for a much higher de- be threatened. double the medical research budget. I gree of funding. The Senate has offered In each of the past five years, NIH funding would say, parenthetically, we actually 3.5 percent, but that is not enough. has increased by 14–15%. Last year, during There is no greater priority right now congressional hearings, NIH leadership said did not do that. The number got to a the current pace of medical breakthroughs double, but because we added $1.7 bil- in the United States of America than could only be maintained if NIH funding con- lion in additional responsibilities for the health of our fellow citizens. tinues to grow at a level of 8–10%. Yet the our biomedical terrorist research, actu- Mr. Speaker, I encourage my col- House and Senate Conference Committee is ally we did not reach the double. But leagues to continue the bipartisan sup- expected to support the Bush Administra- the proposed 2.5 percent increase for port for this motion to instruct the tion’s NIH request: an increase of just 2.7%. NIH fails to keep up with inflation in conferees to vote in favor of it. I would Like Patty Corlew, I am a cancer survivor. research costs and will not allow for encourage the conferees to do all they I was fortunate to discover my cancer early. can to raise the level of funding high And I am blessed to live in a community any real increase in research efforts. In other words, this is a retreat. above the 3.5 percent level. where cutting-edge cancer research and Mrs. BORDALLO. Mr. Speaker, today treatment is something we almost take for This appropriation even fails to pro- granted. vide funds to complete the John E. I join my colleague’s motion to in- The examples described here of research Porter Neuroscience Research Center, struct the conferees on the Labor- being conducted at Vanderbilt-Ingram and which is now under construction on the Health and Human Services and Edu- Meharry are only three out of many prom- NIH campus. cation appropriations bill to increase ising studies currently underway at each in- Mr. Speaker, the 3.5 percent increase funding levels for the National Insti- stitution. And Vanderbilt-Ingram and tutes of Health (NIH) to the highest Meharry are not alone in working at the for NIH in the Senate is certainly pref- erable to what this body passed. But funding levels possible. frontier of cancer research. More than 80% of NIH is the recognized leader in med- even that 3.5 percent increase would NIH funding now goes to support research ical research and the focal point for conducted at universities around the coun- fail to cover the cost of renewing ongo- health research in our country. Studies try. ing grants at committed levels and funded by the Institutes, have led to In the next few weeks, Congress will be would barely keep pace with inflation. advances in the prevention, diagnosis asked to decide the future direction of NIH Therefore, Mr. Speaker, I urge my col- and treatment of many diseases. Still work, whether the pace of disease explo- leagues to support this important mo- ration should continue at the aggressive thousands of Americans die every day tion that the gentleman from Texas level of recent years. In these tough eco- from five major diseases: heart disease, (Mr. BELL) has made to instruct offered nomic times, every budget decision must be cancer, stroke, diabetes, and Alz- by our side of the aisle, and the gen- evaluated carefully. We must consider not heimer’s. Of these, heart disease, diabe- only costs, but potential return on each tax- tleman from Texas (Mr. BELL) in par- tes and certain cancers disproportion- payer dollar we commit. ticular, to insist on the highest funding How do you measure the value of good ately affect minority populations. Ad- levels possible for NIH. We should not ditional research is necessary to under- health and quality of life? permit, Mr. Speaker, tax cuts for the As a member of the House Budget Com- stand the impact of these and other mittee, I am very concerned about the cur- most affluent Americans to squeeze out diseases that affect our minority com- rent trend in government spending. I strong- funding for research on Alzheimer’s, munities and to develop cures and iden- ly believe we cannot continue to ignore the cancer, heart disease, multiple scle- tify behavioral interventions that are rising deficit. But I also believe we cannot rosis, and a host of other health con- effective at prevention. We are more turn our backs on the progress currently cerns that affect the American people. aware today that research is needed to being made in medical research. On the issue Isaac Newton was correct. For every understand the impact of these dis- of NIH fund, I stand with Patty Corlew. action, there is an opposite reaction. eases on our minority communities. We Mr. BELL. Mr. Speaker, I yield 3 Cutting NIH is that reaction. must increase funding to continue cur- minutes and 15 seconds to the gen- Mr. BELL. Mr. Speaker, I yield my- rent research and development and to tleman from Maryland (Mr. HOYER), self the remaining time. the distinguished whip of the minority Mr. Speaker, what this comes down allow for new projects. In doing so, we party. to is a question of priorities. There can give hope to all those afflicted with Mr. HOYER. Mr. Speaker, I thank be no higher priority in the United disease. The SPEAKER pro tempore (Mr. the gentleman for yielding to the dis- States of America than our Nation’s KLINE). Without objection, the previous tinguished whip of the Democratic health. Everybody listening knows the question is ordered on the motion to Party. diseases that are impacted by NIH instruct. Mr. Speaker, our Republican col- funding. It is no secret. And the gen- There was no objection. leagues, in my opinion, should review tleman from Ohio has certainly worked The SPEAKER pro tempore. The the work of Sir Isaac Newton. It was diligently over the course of the last 5 question is on the motion to instruct Newton, after all, who wrote 4 cen- years to increase funding for the NIH, offered by the gentleman from Texas turies ago: to every action, there is al- but this is not the time to stop. When (Mr. BELL). ways opposed an equal reaction. Today progress is being made, we should not, The motion to instruct was agreed we are seeing that principle play out as the gentleman from Maryland (Mr. to. right before our eyes. VAN HOLLEN) pointed out, we should A motion to reconsider was laid on Earlier this year, the majority party not put on the brakes. the table. enacted its third tax cut in 3 years, the If anyone doubts what a priority this f most recent one giving America’s mil- is with health organizations across the lionaires an average tax cut of $93,500. country, they should know that over REPORT ON RESOLUTION WAIVING And what do we suppose is the reaction 600 major health organizations across REQUIREMENT OF CLAUSE 6(a) to that action? Underfunding the No the United States are supporting an in- OF RULE XIII WITH RESPECT TO Child Left Behind Act by $8 billion? crease in the NIH budget. The list in- SAME DAY CONSIDERATION OF Yes. Cutting heating assistance for our cludes the AARP, the National Acad- CERTAIN RESOLUTIONS Nation’s poor? Certainly. And the emy of Health, Alzheimer’s Associa- Mr. LINCOLN DIAZ-BALART of smallest percentage increase in fund- tion, American Academy of Family Florida (during debate on motion to in- ing for the National Institutes of Physicians, American Academy of Pe- struct conferees on H.R. 2660), from the

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.070 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10521 Committee on Rules, submitted a priv- them. Heaven forbid anybody would ploration and production to mean ‘‘all ileged report (Rept. No. 108–352) on the bring up objections about the health of field operations necessary for both ex- resolution (H. Res. 434) waiving a re- our water, not to mention the health of ploration and production of oil and gas, quirement of clause 6(a) of rule XIII our people. The majority party, gas, oil including activities necessary to pre- with respect to consideration of certain and petroleum, has blocked out any pare a site for drilling and for the resolutions reported from the Com- dissenters right from the beginning on movement and placement of drilling mittee on Rules, which was referred to this bill. equipment, whether or not such activi- the House Calendar and ordered to be One of my colleagues, the gentleman ties may be considered construction ac- printed. from Massachusetts (Mr. MARKEY), tivities.’’ f tried to introduce an amendment to b 1745 strike this section, but he was ruled MOTION TO INSTRUCT CONFEREES out of order and, get this, because the Why do we need to have a definition ON H.R. 6, ENERGY POLICY ACT Committee on Energy and Commerce in this energy bill? Section 402(1)(2) of OF 2003 said it was not under their jurisdiction, the Clean Water Act specifically pro- hibits the administrator of the EPA Mr. FILNER. Mr. Speaker, I offer a but it was under the jurisdiction of the from requiring a Federal stormwater motion to instruct. Committee on Transportation and In- discharge permit for discharges of The SPEAKER pro tempore. The frastructure, but that Committee on stormwater runoff from, again, I quote Clerk will report the motion. Transportation and Infrastructure directly from the act, ‘‘oil and gas ex- never considered the bill. Talk about a The Clerk read as follows: ploration, production, processing, or Catch-22. And attempts to remove it on Mr. FILNER moves that the managers on treatment operations or transmission the floor of this House were thwarted the part of the House at the conference on facilities composed entirely of flows the disagreeing votes of the two Houses on by the Committee on Rules. which are from conveyances or systems the Senate amendment to the bill H.R. 6 be It is widely acknowledged that the of conveyances, including, but not lim- instructed to reject section 12403 of the majority did not allow the minority to ited to, pipes, conduits, ditches, and House bill, relating to the definition of oil participate, even in the conference channels, used for collecting and con- and gas exploration and production in the committee, where the Senate and Federal Water Pollution Control Act. veying precipitation runoff and which House meet to deal with their dif- are not contaminated.’’ This has been The SPEAKER pro tempore. Pursu- ferences. So there was never a chance the law since 1987. ant to clause 7, rule XXII, the gen- for honest debate of this section. This tleman from California (Mr. FILNER) In plain language what it means is is what we call as a model for the the EPA has no regulatory authority and the gentleman from Texas (Mr. world, a democracy. BARTON) each will control 30 minutes. over waste water in the construction or So what do we have now, Mr. Speak- the operation of a drilling rig in the The Chair recognizes the gentleman er? A situation where oil and gas com- from California (Mr. FILNER). United States. This has been the law panies will be able to pollute our wa- since 1987. The statutory language Mr. FILNER. Mr. Speaker, I yield ters so that our children and grand- myself such time as I may consume. I seems clear that any matter of children will not be able to use them. stormwater collection, whether it is a rise today to speak on this motion to Our waters will be spoiled, our health instruct the conferees on the energy ditch, a culvert under a road, a diver- will be threatened, but that is okay. sion channel around an oil and gas well bill. We do not need clean water anyway, as Mr. Speaker, sometimes the Repub- location, does not have to be permitted long as we have our oil. And any sug- by the EPA. We could not be more lican Party is called the GOP. Well, I gestions that we invest more in renew- often wondered what that meant. It is clear. But the EPA has sought to regu- able energies or in cleaner energies all late the building of the oil and gas lo- clear from this energy bill that it were thrown out, and the handouts to cation sites by insisting on National means gas, oil and petroleum. And my the oil companies just keep getting Pollutant Discharge Elimination Sys- motion would instruct the conferees to bigger and bigger. tem, NPDES, permits, commonly re- strike a section of H.R. 6 which rep- Right now, I encourage my col- ferred to as stormwater discharge per- resents a shameless payback to the oil leagues to stop this insult to the envi- mits for the construction of the site. and gas companies of this Nation. ronment and to the democratic proc- So even the EPA will admit that This section, if my colleagues can be- ess. We ought to vote ‘‘yes’’ on this mo- once it is built and in operation, they lieve it, Mr. Speaker, grants oil and gas tion to instruct and not to let the oil have no jurisdiction. So they are try- companies a free pass from complying and gas companies pollute our water- ing to do a back-door, an end-around with the Clean Water Act, a free pass ways, and we should let the Nation and say you have to get a permit to from complying with one of the major know that we care about clean water. construct the site. That simply is not environmental laws that was passed in Mr. Speaker, I reserve the balance of the intent of the Congress. It was not the 1970s. Under this section, oil and my time. the intent of the Congress 10, 15 years gas development and production sites, Mr. BARTON of Texas. Mr. Speaker, ago; and it is not the intent of this oil and gas development and produc- I yield myself such time as I may con- Congress. It is a direct contravention tion sites and construction sites do not sume. of the intent of Congress. have to worry about what their activi- Mr. Speaker, the motion to instruct The requirement for a stormwater ties are doing to our water supply. No filed by the gentleman from California discharge permit is in direct opposition other industry in America gets this ex- (Mr. FILNER) seeks to remove section to Congress that the EPA attempts to emption; only the oil and gas develop- 12403 of H.R. 6, the pending energy bill separate the movement and placement ment and production industry. And, in conference with our counterparts in of drilling equipment from oil and gas they are under no obligation to control the other body, the provision that exploration and production operations. storm water runoff that would sully passed the Committee on Energy and Applying common sense, which some- our beautiful lakes, rivers, and Commerce and the House as a whole. times is in short supply, I understand, streams, and they suffer no con- The motion to instruct would seek to but if you apply common sense to the sequences. have the House conferees reject the plain meaning of the statute, you It must be nice for the oil and gas provision that the House has already would show that activities necessary to companies to have friends like that in adopted when we passed H.R. 6 on April prepare a site for drilling and for the Congress and in the White House, espe- 11 by a vote of 247 for the bill to 175 movement and placement of drilling cially when these friends are members against the bill. That is approximately equipment are part and parcel of the of the majority party, the GOP, gas, oil a 60 percent vote in support of the operation. You cannot have one with- and petroleum, who, rather than deal- overall package. out the other. Therefore, a statutory ing with the messy process we so often Section 12403 in the context of the exclusion for one totally encompasses revere here and hold up as a model of Federal Water Pollution Control Act, the other as well. democracy in the world, simply block which we commonly refer to as the The existing statute specifically pre- out all those who would disagree with Clean Water Act, defines oil and gas ex- cludes the requirement for stormwater

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.145 H06PT1 H10522 CONGRESSIONAL RECORD — HOUSE November 6, 2003 discharge permit if the runoff is not provides that permits are not required (Mr. GREEN of Texas asked and was contaminated by coming into contact where stormwater runoff is diverted given permission to revise and extend with, again I quote from the act, ‘‘any around mining operations or oil and his remarks.) overburden, raw material, inter- gas operations and does not come into Mr. GREEN of Texas. Mr. Speaker, mediate products, finished product, by- contact with overburdened raw mate- under current law, oil and natural gas product, or waste products located on rial product or processed wastes. This exploration and production activities the site of such operations.’’ Yet the was in recognition of the fact that do not have to do the extensive EPA seems willing to entertain those there are several situations in mining stormwater permitting that is required and argue that dirt, D-I-R-T, is a con- and oil and gas industries where for large residential or commercial de- taminant. The term ‘‘overburden’’ is stormwater is already channeled velopments. used in association with mining oper- around plants and operations in a se- The provision in question in the en- ations, not oil and gas operations, and ries of ditches in order to prevent such ergy bill clarifies what is current law. is defined in the code of the Federal pollution of the stormwater. But this Oil and gas drill site activity is not the regulations to exclude topsoil. The section does not include any same as residential and commercial terms ‘‘intermediate products, finished stormwater runoff that has been con- building construction and should not product, by-product, or waste prod- taminated by contact with overbur- have to do the same permits. ucts’’ eliminate consideration of dirt dened raw material where ends meet It is unnecessary, and the loss to our from their definitions because their products, et cetera. The soils that are domestic oil and natural gas supplies definition encompasses the results of a disturbed in drilling wells are both would be severe. This motion to in- struct is trying to put a square peg in process. Dirt is not something that overburdened and waste products. a round hole. EPA regulates. There is no evidence anywhere, even All the provision in the energy bill ‘‘Raw material’’ is commonly defined in the industry comments, that suggest does is clarify that the definition of oil as a crude or processed material that that stormwater is routed around these and natural gas exploration and pro- can be converted by manufacture, proc- drilling and construction sites as it is duction includes the preparation work essing, or combination to a new and in the operation sites. In fact, what I for that exploration and production. useful product. Raw material is not wanted to bring in the argument is The provision in the energy bill does dirt. Therefore, pursuant to the express there is no evidence, even from the oil not roll back the Clean Water Act in language in the statute, the building of and gas industries, even from the GOP, any way. If a producer discharges re- an oil and gas well location which in- that the stormwater flowing through portable quantities of any hazardous volves the movement of topsoil, or as the construction sites are free of sedi- substances in stormwater, they have to we would say in Texas, dirt, is not sub- ments or other pollutants. That is do stormwater permitting. If a pro- ject to the requirements of stormwater what makes them contaminated. ducer’s site discharges stormwater that discharge permit. We are talking about Mr. Speaker, I yield 3 minutes to the contributes to a water quality viola- rain on dirt. This is not a man-made gentlewoman from California (Ms. tion, they have to do stormwater per- pollutant. WOOLSEY). mitting. If there is a production site But even though the Clean Water Act Ms. WOOLSEY. Mr. Speaker, I would that I find out in my district that is is abundantly clear on this issue, EPA like to thank the gentleman from Cali- actually polluting, then I will have has chosen to ignore its express lan- fornia (Mr. FILNER) for offering this them investigate it. That is under cur- guage, consequently the need for this motion to instruct the energy bill con- rent law. And they should be. definitional provision. Does this defini- ferees. The result of this policy, if we adopt tional provision affect the existing Rather than working on an energy this motion to instruct, is that we Clean Water Act? No. The provision bill that will work to solve our Na- would have less domestic energy and merely defines oil and gas exploration tion’s energy crisis, it appears that the higher natural gas prices. And with and production. It does not change the Republicans are using this bill to wage natural gas prices as high as they al- substantive application of the Clean a tax on our national resources, on our ready are, the effects of this motion Water Act but merely provides a defini- air, on our water. would now be very serious on the man- tion to provide clarity that should be The provision that was passed in the ufacturing jobs, not only in my own readily apparent to any normally intel- House without committee action would district that depend on affordable nat- ligent human being upon reading the permanently exempt the oil and gas in- ural gas, but all over the country, statute. dustry from the Clean Water Act’s re- whether it is in California or whether The Clean Water Act requires a per- quirement to control stormwater run- you are on the east coast. mit for contaminated runoff. This pro- off from construction activities at We do not have a choice on where to vision does not change that require- their exploration or production sites. get our natural gas. If it is by nature, ment. This provision does not allow Contaminated runoff would certainly it is by nature. We need to produce it contaminated stormwater runoff. In impair the health of our Nation’s where it is, and hopefully it will be keeping with the existing law, which streams, our lakes, our rivers, the wa- more domestically. The opportunities was enacted as a part of the Water ters, Mr. Speaker, where anglers fish, for imports of natural gas from Mexico Quality Control Act of 1987, this provi- children swim. And we must not forget and Canada and overseas are limited. sion preserves the congressional intent where our drinking water comes from. So we are going to have to depend on to preclude the necessity of a permit Why are we rolling back the good our own resources even more. It is for stormwater runoff that is not con- progress that the Clean Water Act has going to be hard to do that. If we are taminated. made? Why are we doing this without a going to have to depend on our own re- Congress never intended for EPA to single hearing in the committee of ju- sources, it is going to be hard to do require a permit for the runoff of risdiction and without the benefit of that with a bad regulatory policy. uncontaminated water or rain over the EPA’s years of work? It is time for The EPA, if they know that there is dirt. Vote against the motion to in- the GOP gas/oil/petroleum group and pollution already in an oil and gas site, struct. Let common sense prevail and their leadership to stop putting the in- they can go out. In California, that preserve the House position. terests of big oil and gas companies seems like where a lot of these motions Mr. Speaker, I reserve the balance of ahead, ahead of what is best for the to instruct come from; they can go out my time. American people. and investigate. If there is pollution, Mr. FILNER. Mr. Speaker, I would Mr. Speaker, I urge my colleagues to they can be cited. But do not make yield myself 2 minutes to respond to vote in favor of the gentleman’s mo- them go ahead and hinder what indus- the gentleman from Texas (Mr. BAR- tion to instruct. trial production we are trying to do TON) who continues to throw dirt into Mr. BARTON of Texas. Mr. Speaker, right now. That is all this does is re- this discussion. I yield 3 minutes to the gentleman state what is current law, Mr. Speaker. It is true that the section of the from Houston, Texas, (Mr. GREEN) a That is why I urge my colleagues to Clean Water Act that the gentleman member of the committee of jurisdic- vote against the Filner motion to in- from Texas (Mr. BARTON) referred to tion. struct conferees.

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.148 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10523 Mr. FILNER. Mr. Speaker, I yield of our Nation’s most successful envi- have inherently lower environmental myself such time as I may consume. ronmental laws. And, of course, no impacts compared to conventional Mr. Speaker, the gentleman from hearings have been held on this issue in commercial and residential construc- Texas (Mr. GREEN) continued to muddy the committee of jurisdiction, the tion in urban settings. the waters not only of this debate but Committee on Transportation and In- If these activities are nonexempt, oil of this Nation. frastructure. and gas leases will be lost to time Let me quote from EPA’s most re- This amendment to the Clean Water delay. If oil and gas leases are lost, de- cent national water quality inventory Act is bad for public health, bad for en- velopment of on-shore domestic and oil 2000 report which says siltation, silta- vironment, and certainly does not be- gas reserves will be lost. tion is one of the leading pollution long in the energy bill. Mr. Speaker, I do not have to tell problems in the Nation’s rivers and Finally, Mr. Speaker, I would like to that you we depend far too much on streams. Siltation alters aquatic habi- take this opportunity to note how foreign oil. We import more than half tat, suffocates fish eggs and bottom deeply disappointed I am in the con- of our oil from foreign sources, a num- dwelling organisms, and can interfere duct of the energy conference to date. ber that is expected to grow to 66 per- with drinking water treatment proc- To date there has been one official cent by the year 2010 if we do not act esses and recreational use of a river. meeting of the conference, despite as- now. Dirt, dirt, dirt. We are talking about surances by the leadership that it I urge my colleagues to support do- pollution of our Nation’s streams. would be an open conference with full mestic production and vote no on the Mr. Speaker, I yield 3 minutes to the debate on the key issues. Instead, the Filner motion to instruct. gentlewoman from California (Mrs. bill is basically being drafted in secret Mr. FILNER. Mr. Speaker, I yield 3 CAPPS). with only occasional press reports minutes to the gentleman from Ari- Mrs. CAPPS. Mr. Speaker, I rise in about what is exactly in the bill. And zona (Mr. GRIJALVA). strong support of this motion to in- from what we can tell, the bill will (Mr. GRIJALVA asked and was given struct conferees on the Energy Policy make major policy changes on a raft of permission to revise and extend his re- Act. This motion is about a subject issues. It will spend billions and bil- marks.) about which the gentleman from Cali- lions of taxpayer dollars in subsidies to Mr. GRIJALVA. Mr. Speaker, I rise fornia (Mr. FILNER), my colleagues, and some of the richest industries on this today to speak in support of the Filner the gentleman from Massachusetts planet; and all of this is being done ba- motion to instruct. (Mr. MARKEY) and I sent around in a sically in the dead of night. The issue of proper regulation of oil Dear Colleague letter recently as part It is very much like the way the ap- and gas companies with regard to clean of my efforts on the energy sub- propriations process has been run and water is a very real and serious con- committee to alert Members of this most of the rest of the major issues as cern for the people of Southern Arizona body about the raft of terrible provi- well. This kind of closed, secretive that I represent. sions in the energy bill conference re- process does not produce good policy. On July 30 of this year, as an exam- port. Quite frankly, it is scandalous. It is un- ple, an 8-inch high pressure gasoline This particular provision undermines democratic. pipeline operated by Kinder Morgan, the Clean Water Act by giving oil and For that and other reasons, I cer- Incorporated on the west side of Tuc- gas companies a permanent exemption tainly do appreciate the gentleman son, Arizona, ruptured. Ten thousand from pollution control requirements at from California’s (Mr. FILNER) efforts gallons of gasoline were sprayed 50 feet drilling sites. The Clean Water Act re- on this motion. I urge all Members to in the air dousing five homes under quires developers to obtain a support it and oppose any energy bill construction, which later had to be de- stormwater permit from EPA to ensure that contains such a shameful provi- molished. Hazardous fumes were cre- that their construction practices do sion. ated 250 yards away from occupied not lead to harmful runoff. In fact, if Mr. BARTON of Texas. Mr. Speaker, homes. you go right outside the Capitol, espe- how much time remains on each side? In the aftermath, there were reports cially on a rainy day like today, you The SPEAKER pro tempore (Mr. of ground water contamination result- will notice some of the measures these HAYES). The gentleman from Texas ing from the rupture and possibly from permits require for the visitors center (Mr. BARTON) has 20 minutes remain- the reconstruction efforts. Initial re- construction site right here. ing. The gentleman from California ports varied, some indicating serious In this case, it is simple things like (Mr. FILNER) has 17 minutes. contamination. More recent reports rocks and mesh over storm drains that Mr. BARTON of Texas. Mr. Speaker, seem to show contamination may have keep out stormwater that could be pol- I yield 3 minutes to the gentleman been ongoing for some time and only luted by construction activities. from Oklahoma (Mr. SULLIVAN). came to light due to the investigation Mr. SULLIVAN. Mr. Speaker, I rise of the rupture. b 1800 in opposition to the Filner motion to Safety inspection reports dating back Currently, the oil and gas industry instruct conferees on H.R. 6, the energy to 1995, and as far back as 1988, indi- enjoys a temporary moratorium on bill. cated potential problems for a rupture, complying with these storm water per- If you ask any one of a thousand peo- but yet this information was never mitting provisions. This moratorium is ple employed by the oil and gas indus- made available to the public or to their for construction sites of less than five try in my district, the question, How elected officials. acres. EPA is continuing to study the do you physically get oil and gas? They To address this problem, I have asked issue further, and the agency is ex- will all answer the same way. The first the EPA to conduct an independent as- pected to issue a final rule March 25. step is exploration and production to sessment of the degree of contamina- Yes, the drafters of the energy bill prepare a site for drilling. Like a sur- tion and the risks for residents. If the cannot wait for EPA to determine an geon sanitizing a patient before an op- Filner motion is not passed, this type appropriate course of action. Instead, eration, an exploration site must be of oversight and enforcement would be the energy bill shortcuts the process prepared before drilling can begin. seriously compromised. The people in and gives the industry a permanent ex- Cleaning, grading and excavating have my district have a terrible wealth of emption for all construction activities always been an inherent part of oil and experience with ground water contami- for oil and gas exploration regardless of gas activities. nation. A plume of TCE created the size. As a result of this exemption, oil Congress has exempted oil and gas most serious of many Superfund sites and gas exploration would be the only deficits from the storm water permit in my district. This pollution has cre- construction activity not subject to process and there is good reason to do ated a legacy of illness and death Clean Water Act requirements. Oil and so. Oil and gas exploration occurs in across the south and west sides of Tuc- gas operations would be under no obli- predominantly rural areas and remote son. I am told it continues to grow gation to control pollution that would locations. Oil and gas site preparation every day. pollute our Nation’s lakes, rivers and uses temporary, nonimpervious, low- The gas and oil industries facilities streams. This is an end-run around one impact techniques. These techniques covered by this exemption tend to be

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.150 H06PT1 H10524 CONGRESSIONAL RECORD — HOUSE November 6, 2003 located in lower-income, minority and danger and risks associated with this rup- ly in order for development equipment poor neighborhoods. Companies, of ture and reconstruction efforts. It is the can be brought on to the sites quickly. course, seek to limit their legal liabil- EPA’s responsibility to ensure that our citi- Timing is crucial with these projects ities by placing these facilities near zens are protected from environmental con- tamination. Please inform my staff member, and unnecessary regulation slows and populations without the money to liti- Rachel Kondor, at (202) 225–2435, as to the discourages new development of energy gate or the strong political representa- steps you plan to take with regard to this resources we need. Disruption of en- tion. Then the companies come back to issue. ergy supply development is detri- us and ask for more legal protection, as Sincerely, mental to a sound national energy pol- they have in this amendment, and for RAU´ L M. GRIJALVA, icy. Oppose the Filner motion to in- our complicity in this injustice. Member of Congress. struct. The bill before us would expand an Mr. BARTON of Texas. Mr. Speaker, Mr. Speaker, this is needless regula- exemption that should never have been I yield 3 minutes to the gentleman tion that we need to start curbing in passed in the first place. It is absurd from Lubbock, Texas (Mr. our country, and I urge Members to be that we would be debating whether to NEUGEBAUER). oppose the Filner motion to instruct. increase pollution by giving legal im- Mr. NEUGEBAUER. Mr. Speaker, I Mr. FILNER. Mr. Speaker, I yield munity to corporate polluters. How can rise in opposition to the Filner motion myself such time as I may consume. a Member of Congress seriously argue to instruct conferees. Mr. Speaker, I keep hearing the gen- that we should allow more pollution in First and foremost, Mr. Speaker, the tleman from Texas saying that we our ground water, rivers and streams? House Energy Policy Act does not ex- should not disturb the development of The issue is clear: Do we want to empt oil and gas exploration and pro- oil and gas, and surely we must find maintain our standards of clean water duction sites from environmental regu- sources of energy in this Nation. or do we want to expand existing loop- lation. Any claim that it does is simply What about alternative sources? And holes that allow even greater environ- untrue. Rather, the provision in the why does everyone other industry in mental injustices to occur with our legislation clarifies under what condi- America have to comply with this sec- complicity? tions EPA should regulate these facili- tion of the Clean Water Act and not I urge my colleagues to protect ties. This provision simply clears up gas and oil if this motion does not pass. human health, protect our children, Congress’s original intentions with re- Mr. Speaker, I yield such time as he and our precious and increasingly frag- gard to storm water permitting under may consume to the gentleman from ile natural legacy by voting yes on the the 1987 Clean Water Act’s amend- Oregon (Mr. BLUMENAUER). Filner motion to instruct. ments. It should be included in this (Mr. BLUMENAUER asked and was HOUSE OF REPRESENTATIVES, conference report. given permission to revise and extend Washington, DC, October 24, 2003. Noncontaminated storm water from his remarks.) Hon. MARIANNE HORINKO, oil and gas exploration and production Acting Administrator, U.S. Environmental Pro- sites was specifically excluded from the Mr. BLUMENAUER. Mr. Speaker, I tection Agency, Pennsylvania Avenue, NW., new storm water permitting require- appreciate the gentleman’s courtesy in Washington, DC. ments for sites in 1987. However, EPA permitting me to speak on his impor- WAYNE NASTRI, tant motion to instruct. Regional Administrator, Hawthorne Street, U.S. did not interpret the law that way. EPA decided to subject My friends who are so concerned Environmental Protection Agency, Region 9, about the energy industry, I fear are San Francisco, CA. uncontaminated runoff from these sites DEAR MS. HORINKO AND MR. NASTRI: I am to rules designated to regulate runoff giving us conflicting signals. On the writing regarding the recent gasoline pipe- from major construction sites, such as one hand, we are told that we can open line rupture in Tucson, Arizona. This dis- shopping centers and subdivisions. up areas to additional drilling and ex- aster is of extremely grave concern to me Mr. Speaker, before coming to Con- ploitation because it is so safe, because and to the constituents I represent in Ari- gress, I was a land developer. I have it can be done without environmental zona. damage. They are willing to go into the On July 30, the pipeline, owned and oper- moved a lot of dirt in my life. I have ated by Kinder Morgan, Inc., ruptured, prepared a lot of sites to build homes pristine arctic wilderness area and sub- spraying 10,000 gallons of gasoline onto for Americans; and there is a lot of dif- ject it to drilling. homes in Tucson. This event subjected my ference between preparing a site for Yet, we are told here that, no, we ac- constituents to serious environmental, drilling and preparing a site for homes. tually have to extend further protec- health and safety risks. Thankfully, no one Additionally, the cost of making tions, further exemptions from full was injured in the rupture. Now that the im- these kinds of nonsense pollution re- compliance with our Nation’s environ- mediate danger of the rupture has passed, mental laws. I find it a little ironic. however, residents are enduring the impacts quirements for sites that should not be of the pipeline’s reconstruction and potential under this regulation only adds to the It is sad that we are debating what realignment. cost of housing and it only adds to the may be in the energy bill because the Neither the public nor elected officials cost of oil and gas exploration in our irony is, of course, that the committee knew the extent of the safety risks associ- country, at a time where we are a net members who are on our side of the ated with the pipeline. Our preliminary in- importer, Mr. Speaker, of substantial aisle have been excluded. They do not formation indicates that the pipeline may amount of our petroleum products. really know exactly what is in the con- have failed safety inspections from 1995 on; Oil and gas exploration production ference committee report, let alone the however, this information was not made pub- public and the rest of America. But the lic, nor made available to elected officials or sites are not major construction sites emergency personnel. This information is and should not be permitted in the fact is that we are very likely to be very disturbing in light of the extreme risks same manner. That was Congress’s dealing with this exemption. involved with the transportation of highly original intention, and we need to re- I have heard references again that I flammable materials. store the intent in the conference re- find ironic to the committee of juris- In the aftermath of the rupture, there have port. diction. The gentleman will remember been reports of groundwater contamination While EPA has suspended permitting that when the gentleman from Massa- as a result of the pipeline rupture and/or re- chusetts (Mr. MARKEY) attempted in construction efforts. Reports on the issue for these sites in order to reevaluate have varied: some indicating a dangerous the regulations, we need this provision the Committee on Energy and Com- contamination, and some not. In light of this to clear up the issue and end the law- merce to provide an amendment to discrepancy, and a great deal of anxiety on suits and move forward once and for deal with this specific subject, he was the part of residents of Tucson, I request all. ruled out of order because the com- that you immediately commence an inde- If there is contaminated runoff at mittee of jurisdiction happens to be pendent assessment of the situation in order these sites, it will be subject to EPA our Committee on Transportation and to ensure that the citizens of Tucson and permitting. Oil and gas producers con- Infrastructure, but we have not been southern Arizona are safe from any unneces- tinue to manage storm water when dealing with this. This is dropped in in sary risks of the rupture itself and impend- ing reconstruction. they build on exploration sites in order this hidden conference process from It is absolutely crucial that citizens of to prevent contaminated runoff. Explo- which the Democrats have been ex- Southern Arizona know the full extent of the ration sites need to be stabilized quick- cluded.

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.152 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10525 When there was an effort to go to the Mr. CARSON of Oklahoma. Mr. because they spend every election Committee on Rules earlier to explic- Speaker, I rise tonight in opposition to cycle millions of dollars on campaign itly deal with this matter when the en- my good friend the gentleman from contributions? ergy bill was coming forward, the Com- California’s (Mr. FILNER) motion to in- These companies I think are getting mittee on Rules would not allow it. struct conferees on the Energy Policy a payback here in the form of special The gentleman from Texas refers Act of 2003. This motion will instruct interest loopholes in the Clean Water dismissively to ‘‘dirt’’ as though it is conferees to drop a critical provision of Act that was stuck into the energy not a pollutant. Well, I ask the gen- domestic oil and natural gas produc- bill. In the last few years, they have tleman to come to the Pacific North- tion which would negatively impact given over $64 million to Federal can- west and talk to sportspeople who will this very important industry in my didates and their parties. It is a great tell you that inappropriate regulation home State of Oklahoma and through- payback that we have here in the en- of dirt, of silt is a serious pollution out the country. ergy bill for those contributions. problem. And that is why responsible The provision in the Energy Policy Mr. Speaker, environmental groups contractors deal with it and, in fact, Act simply clarifies current confusion all across the Nation support this in- that is why we have had it under Fed- in the Clean Water Act that has led the struction: The Audubon Society, the eral statute and why it is being em- Environmental Protection Agency to American Rivers, the Center for Inter- ployed right here within sight of the believe it should regulate storm water national Environmental Law, Clean Capitol. Dirt, silt is a serious problem. discharges resulting from the construc- Ocean Action, Clean Water Action, Now, this regulation has been under tion of exploration and production fa- Coastal Alliance, Defenders of Wildlife, control since 1992. In fact, the EPA has cilities under a different standard than Earthjustice, Environmental Integrity been looking to extend it because this operating facilities. This was never the Project, Friends of the Earth, the Gulf is serious business, not just the sites intent of Congress. Restoration Network, the League of that are over five acres, but from one The Energy Policy Act would clarify Conservation Voters, the National En- to five acres. Again we have been oper- that one permitting standard would vironmental Trust, the National Re- ating under this rule for 10 years. apply to both construction and oper- sources Defense Council, the Save the Now, I am sorry my colleague from ation of exploration and production fa- Dunes Council, the Sierra Club, The Houston got away because I have the cilities. This provides for sound, con- Ocean Conservancy, The Wilderness So- provisions here of Section 402, and it sistent and cost-effective regulations ciety, the Union of Concerned Sci- appears that it would not permit the designed for the conditions associated entists and the U.S. Public Interest Re- administrator to do what he was say- with oil and natural gas facilities to be search Group. The National League of ing, to clean up pollution after the developed. Cities supports my instruction, and not fact. I respectfully request that my col- only these environmental groups sup- The point is we should not be clean- leagues join me in opposing the Filner port the motion but hunting and fish- ing up after the fact. There is no good motion to instruct. I appreciate the ing groups in America do, Trout Un- reason to roll back this protection. granting of the time. limited, the Izaak Walton League and There is no good reason for the Com- Mr. FILNER. Mr. Speaker, I yield the National Wildlife Federation. mittee on Energy and Commerce to act myself such time as I may consume. It is clear that an exemption is being outside their jurisdiction and deny the I would tell the Rhodes scholar from carved out to allow one business, one opportunity for the Committee on Oklahoma that he needs some addi- sector of our economy, one extremely Transportation and Infrastructure to tional training in research. Staff that powerful sector of our economy to buy deal with it. was here when the bill was written Last, I find it ironic that this comes its way out of the Clean Water Act. I know the intent of Congress, and it is forward on a day when two more envi- think that is a terrible terrible thing not as the gentleman described. ronmental rollbacks have been brought to say to our Nation, that if one gives Let me respond to several of the ar- the campaign contributions they get forward by this administration. There guments from the other side. If the is a leak that they are going to cut exempted from the environmental pro- provisions stays in the energy bill, it is tection that is required of everyone back clean water jurisdiction over a rollback of existing requirements for streams that do not have a ground else. construction over five acres. That is Mr. Speaker, I would urge us to adopt water source, and today the adminis- what exists now, and this rolls it back, this motion to instruct. tration announced that it would not be no matter what they say that this in- Mr. Speaker, I reserve the balance of pursuing any of the pending new source tended 10 years ago or whatever. my time. review cases against utilities that went Our original intent in 1987 was to ex- Mr. BARTON of Texas. Can I inquire ahead with construction in violation of empt storm water that was totally of the gentleman, who is the author of the new source review program. unpolluted. Storm water that was to- the amendment, if he has any other b 1815 tally unpolluted was exempted. Storm speakers? This despite their repeated assur- water from construction is polluted, as Mr. FILNER. I have someone to ances when they were coming forward we have heard from the gentleman counter whatever the gentleman says. with the NSR rule change that they from Oregon, and the gentleman from Mr. BARTON of Texas. The reason I would not affect pending cases. Texas knows that when there is no pos- ask is, the gentleman has the right to Mr. Speaker, this is a part of a pat- sibility of runoff into the waters of the close. So after I speak is the gentleman tern of environmental rollback that we United States one does not need a per- going to give the closing statement? Is have seen with this administration mit. Where all the storm water is kept that the gentleman’s intention at this that will not correlate its campaign on site, go do it; they do not need the point in time? rhetoric with what it does in office and permit. Mr. FILNER. Yes. where this Congress is complacent in So we are I think hearing justifica- Mr. BARTON of Texas. Okay. Mr. stepping back from our requirement to tions. We are hearing rationalizations Speaker, how much time do I still protect the environment. of the destruction of our environment. have? I strongly, strongly urge that we ap- Mr. Speaker, other industries do not The SPEAKER pro tempore (Mr. prove the motion to instruct from the have this exemption from the Clean HAYES). The gentleman from Texas gentleman from California. Water Act. In fact, many other compa- (Mr. BARTON) has 12 minutes remain- Mr. BARTON of Texas. Mr. Speaker, nies, including mom and pop businesses ing, and the gentleman from California I yield 2 minutes to the gentleman with far fewer resources than the oil (Mr. FILNER) has 31⁄2 minutes remain- from Oklahoma (Mr. CARSON), a mem- and gas industry that the Republican ing. ber of the Committee on Transpor- party tries to protect, every one of Mr. BARTON of Texas. Mr. Speaker, tation and Infrastructure. those businesses must take steps to re- I yield myself such time as I may con- (Mr. CARSON of Oklahoma asked and duce polluted storm water runoff from sume, and at the end of my statement was given permission to revise and ex- their construction activities. So why I am going to ask my good friend from tend his remarks.) not oil and gas companies? Could it be Abilene to answer a few questions since

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.154 H06PT1 H10526 CONGRESSIONAL RECORD — HOUSE November 6, 2003 I know he has got a number of these Mr. FILNER. Mr. Speaker, if the gen- home developers, et cetera, because in drilling sites in his District. tleman would continue to yield, would dry West Texas, we can impose some of I want to start out by saying we have there not be the possibility in active these regulations based on the possi- no opposition if a State or a local gov- sites or previously at the sites benzene, bility of rain and spend more money ernment, for whatever reason, wishes toluene, other heavy metals? There than one can possibly get out of the in- to put some regulations in place to pre- would not be just dirt there? vestment that they are going in. So it vent siltation into their waterways, Mr. BARTON of Texas. If one goes to would have a very damaging effect on but the Clean Water Act is explicit drill in an existing site, under State economic development. that we do not regulate drilling sites, regulation, in my case the State of b 1830 oil and gas drilling sites, under the Texas, requires site remediation, site Clean Water Act. It is explicit in the monitoring, and again, we are talking Mr. BARTON of Texas. Mr. Speaker, Act. What EPA has tried to do is say, about storm water runoff. If there is I ask the gentleman from Texas, on the that is true, but we should be able to contamination, we do not change that. dry holes drilled on the gentleman’s regulate the site construction, the site We do not change that at all. property, how long did it take them to preparation of these drilling sites. All we are simply saying is heaven prepare the site for drilling? Now, use a little common sense. help the poor guy or girl in our society Mr. STENHOLM. A couple of days. What is the worst thing that is going that wants to go out and try to find They would go in and dig the slush pit. to happen while one is preparing a site some more oil and gas and they actu- The next thing, the drill rigs are there. to be used as a drilling site for oil and ally put up their own money, go to the Mr. BARTON of Texas. When they gas exploration? It might rain. It bank, borrow it, whatever. Let us do are doing this site preparation, they might rain. I do not know how long it not require them to get a waste water prepare the pits, they have State and takes to prepare a drilling site. My runoff permit from the Federal EPA Federal regulations they have to com- good friend from Abilene may know. It that explicitly says in the current law ply with in terms of the drilling muds may take a week. It may take 2 weeks. one does not have to have once the site and the fluids that go down in the well It may take a couple of days, but if it is active. and come up with the well; is that cor- takes 6 months to get the permit to I want to ask my good friend from rect? prepare the site, and a person has to Abilene a few questions if he would Mr. STENHOLM. And they have to spend $10- or $15,000 to get the permit care to engage me in a colloquy or dia- dig a pit that will hold that which they and then to put up the berms and all logue. I would assume that the gen- are going to use on that particular site. that stuff and it does not rain, they tleman has some oil and gas production Mr. BARTON of Texas. So if there is have done a lot of work for nothing, in his District in West Texas. Is that anything that is going to be contami- and maybe if one is a small, inde- correct? nated, they are preparing for those pendent drilling operator like there are Mr. STENHOLM. Mr. Speaker, will types of fluids? a lot of in my District, trying to oper- the gentleman yield? Mr. STENHOLM. Under current law, ate out of the old Corsicana field or Mr. BARTON of Texas. I yield to the that is correct. Mexia field, they may say to heck with gentleman from Texas. Mr. BARTON of Texas. But they are it, I am not going to even try. Mr. STENHOLM. That is correct. not actually using any of those fluids The average well in Texas produces Mr. BARTON of Texas. Has the gen- in the site preparation? They are not less than 10 barrels of oil a day right tleman ever been in a conversation doing a test run where they put those now. How many little guys do we want with an oil and gas producer at some kinds of fluids in? to make it so impossible to do any- cafe or maybe a church or at a social Mr. STENHOLM. Not until they drill. thing to extend the life of our existing and they actually talked about maybe Mr. BARTON of Texas. If we were to fields on the off chance that while they going out and trying to drill a few new agree to the Filner motion to pull are preparing the site to drill it might wells? something out of the pending energy rain? The Clean Water Act does not Mr. STENHOLM. Mr. Speaker, I have bill that has already passed the House regulate dirt as a pollutant. It is not a done better than that. I have had them so EPA could regulate the site prepara- regulated pollutant. drill on my own property. They drilled tion for storm water, rain water runoff, So all that we are saying in the bill 11 dry holes which I have had discus- then, obviously, additional site prepa- that has already passed the House is sions with them as to why they could ration would be required, additional the law already is explicit that the not do a better job of finding oil under berms, plastic fences, and those types EPA cannot regulate an active drilling my property than just drilling dry of things; is that correct? site. We say they cannot go in and in a holes. Mr. STENHOLM. That is most cer- back door way try to regulate the site But from the standpoint of the basic tainly the fear, and it is not just a fear, preparation, and again, we are talking in the gentleman’s exchange with the it is a reality if we impose these regu- about storm water, rainwater, runoff gentleman from California (Mr. FIL- lations all across the United States, as which if one is preparing a drilling site, NER), we used to have a very bad situa- someone might in a certain area in the worst that is going to happen is it tion in Texas, and I can show my col- which we have a different rainfall char- might rain and they might get a little leagues land in my community that acteristic. mud. That is the worst that is going to was literally destroyed by the oil and The annual rainfall in my district happen. gas industry because of their inability ranges from 14 inches in the west to 35 Mr. FILNER. Mr. Speaker, will the and unwillingness to protect it. That inches in the eastern part of my dis- gentleman yield? was 50 years ago. trict, the part that adjoins the district Mr. BARTON of Texas. I yield to the Today, when the last well that was of the gentleman from Texas (Mr. BAR- gentleman from California. drilled on my property, again a dry TON). Therefore, there are different Mr. FILNER. Mr. Speaker, the gen- hole, one cannot tell they were there components. But the law gets inter- tleman said, if I heard him right, that today. They do an excellent job be- preted and put into place and enforced he might be going over previously ac- cause that is the rules and regulations in ways that assume that a drilling rig tive fields, right, construction that that Texas imposes upon the oil and in west Texas is going to suddenly be were, am I to understand, active fields? gas industry, and I believe that is basi- faced with a 20-inch rain. Mr. BARTON of Texas. In my Dis- cally true all over the United States Mr. BARTON of Texas. Mr. Speaker, trict, we are going into old fields and today. I appreciate the gentleman for engag- trying to extend the life of those fields, The question before us, though, it is ing in this dialogue, and it is obviously and on occasion, believe it or not, they not just oil and gas producers that are not prepared. Let me continue to yield do scrape up $10- or $15-, $50,000, get a opposed to these proposed storm water and ask a final question. lease, go out and actually try to drill a regulations being imposed unilaterally Does the gentleman know anybody in new well. It does happen, not as often across the board on every possible site. west Texas, in his district, that thinks as it should, in my opinion, but it does It is also my small towns and commu- that dirt that gets wet is a pollutant? happen. nities have got real problems with this, Wet dirt caused by rain raining on the

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.157 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10527 drilling site, is there anybody in west corrosive rain, there is no permit re- Since its enactment 31 years ago, the Clean Texas that thinks that is a pollutant, quired. I would be tempted to say the Water Act has prevented billions of pounds of wet dirt because of rain? gentleman is throwing red herrings pollution from fouling our Nation’s waters, and Mr. STENHOLM. In the case of a across the debate, but with the gentle- we have doubled the number of healthy rivers, flood, wet dirt that goes into a home is man’s policies, the red herrings might lakes, and streams across America. Instead of a pollutant. all be killed so I will not. celebrating these considerable accomplish- Mr. BARTON of Texas. When was the Let me get to dirt. ments, this Congress, following the direction of last flood in Abilene? Mr. STENHOLM. Mr. Speaker, will the Bush Administration, seeks to abandon Mr. STENHOLM. Two years ago, but the gentleman yield? them. This provision allowing the oil and gas I take the gentleman’s point. Mr. FILNER. I yield to the gen- industry a permanent exemption from com- Ironically, we are facing the same tleman from Texas. plying with Clean Water Act requirements is question in some regions of this coun- Mr. STENHOLM. Mr. Speaker, let me the latest step down that road. try where dirt is considered a pollut- say the concern I have, when the regu- If left unchecked, stormwater carries pollut- ant, and we are attempting to regulate lations are read and the experiences we ants from construction sites to nearby water- plows. I remember 3 years ago, I be- have had, we have had some extremely ways, endangering human health, harming lieve, in Arizona, we were attempting damaging experiences with the Endan- wildlife, and rendering these waterways unsuit- to regulate dust storms. That is dif- gered Species Act. What the gentleman able for recreational uses such as swimming ficult to do, the same way the gen- says—7-day permit, that is correct; but or fishing. We cannot allow the oil and gas in- tleman is talking about regulating someone comes in and sues at the exact dustry to operate without regard to the amount when is it going to rain and how much moment, and then we get into the liti- of pollution running into our Nation’s water- is it going to rain. From the standpoint gation and all of the questions based on ways from its construction activities, thereby of a normal operation in my district, it. reversing decades of effort at reducing pol- again, on my own farm, the site is pre- Mr. FILNER. Mr. Speaker, I under- luted stormwater. pared. It would be unconscionable to stand the gentleman’s concerns. In Since 1990, construction sites, including oil require a permit, going over 6–8 California we have the same ones. Liti- and gas construction sites, larger than five months, or order to find an opportunity gation is not the route that we acres have been required to control there based on storm water. It is done wouldfavor. We would like a common- stormwater pollution. In December 1999, the based on other conditions, and that is sense, as the gentleman from Texas Environmental Protection Agency (EPA) pub- already current law. kept saying, a commonsense law. lished a rule, to be effective in March of this Mr. BARTON of Texas. Mr. Speaker, But dirt, siltation, is in fact the sec- year, that requires smaller construction sites, I agree with the gentleman. We have ond leading polluting problem in our those between one and five acres in size, to shown in this debate that there is bi- Nation’s rivers and streams. It suffo- control stormwater runoff. However, in re- partisan opposition to the Filner mo- cates fish and eggs and bottom-dwell- sponse to heavy oil and gas industry pressure, tion. It is not because we do not like ing organisms. It alters aquatic habi- EPA granted the industry a special two-year exemption from this rule. EPA decided that it the gentleman from California (Mr. tat, and interferes with drinking water needed two more years to study the impacts FILNER). He is a great guy. It is not be- and the recreational process of the of enforcing this rule on the oil and gas indus- cause he is from California, the Golden river. So siltation is a real problem. try, while ignoring the impacts of industry pol- State, it is simply because his motion, In conclusion, our country needs en- ergy. We support its development, but lution on water quality. to those of us who oppose it, just defies This two-year delay is nothing more than a clean water is as important as energy. common sense. special favor to the oil and gas industry—re- It is vital for our economy and for our The law is clear if we have an active member it has been nearly four years since life itself. And the lands where the drilling site, it is explicitly exempt in EPA first published the rule. The provision cur- wells are drilled are the same lands the statute from regulation for waste rently at issue takes the favoritism to the ex- that provide water for our ranchers and water runoff. There is no reason in the treme by providing the oil and gas industry a world to take the plain language of an our city dwellers, as well as our fish permanent exemption from controlling active drilling site and say you should and wildlife population. stormwater runoff—regardless of the size of The oil and gas industry say, and I have to regulate, at the Federal level, the construction site. the site preparation for rain water run- have seen TV advertisements and full- The oil and gas industry exemption is not off. That is why we clarified and added page ads in magazines, that we can de- only wrong on substance, but it is also wrong this simple section that says what they velop energy and protect the environ- on process. Since consideration of this bill say for the site itself when it is active ment at the same time, and we agree began early last spring, the Republican major- should also be applicable to site prepa- with them. So why should Congress ity has blocked repeated attempts by Demo- ration. I ask for a no vote on the Filner weaken environmental protection by crats to be heard on this provision. During the motion to instruct. writing a special exemption for one in- Energy and Commerce Committee’s consider- Mr. Speaker, I yield back the balance dustry alone? I ask for approval of the ation of the House Energy Bill Committee Print of my time. motion to instruct. in April, Congressman MARKEY offered an Mr. FILNER. Mr. Speaker, I yield Mr. OBERSTAR. Mr. Speaker, I rise in amendment to strike the offending provision. myself such time as I may consume. strong support of the motion, and I commend Chairman TAUZIN ruled the Markey amend- Mr. Speaker, I would say that the the gentleman from California, Mr. FILNER, for ment out of order, stating that it was non-ger- gentleman from Abilene, Texas (Mr. offering this motion to prevent an egregious mane because the issue was not within the ju- STENHOLM) did such a good job for the assault on the Clean Water Act, Section risdiction of the Energy and Commerce Com- gentleman from Texas (Mr. BARTON) 12403 of H.R. 6, the Energy Policy Act of mittee and was ‘‘within the jurisdiction com- that they should have treated him bet- 2003, amends the Clean Water Act to provide pletely’’ of the Transportation and Infrastruc- ter in the Texas redistricting law. a permanent exemption from stormwater per- ture Committee. Despite my serious concern We have been told we ought to cry mitting requirements for construction activities with this Clean Water Act exemption, the for some of these gas and oil producers associated with oil and gas exploration and Transportation and Infrastructure Committee and developers, and that these poor production operations. never considered the bill. folks, we have to let them produce. I If this provision remains in the energy con- When the House considered the bill, Con- am told that the permit that would be ference report, oil and gas exploration would gressmen COSTELLO, MARKEY, and I sought to needed for such a situation only takes be the only construction activity not subject to offer an amendment to H.R. 6 to strike the 7 days. That is the law. I do not know Clean Water Act requirements. Oil and gas provision. But the Rules Committee blocked what Members are talking about—6 operations would be under no obligation to our efforts to offer that amendment on the months, or we will never be allowed to control stormwater runoff that would impair our House Floor. As a result, today, seven months prepare the site. It is 7 days for the Nation’s lakes, rivers, and streams. It is a since the Energy and Commerce Committee permit. complete, unprecedented end-run around one considered the bill, is the first time Democrats In an arid area such as the gentle- of our Nation’s most successful environmental have the opportunity to debate and vote on man’s, the law specifically waives the laws and should be stricken from the con- this Clean Water Act exemption for the oil and requirement for a permit. If there is no ference report. gas industry.

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00069 Fmt 7634 Sfmt 9920 E:\CR\FM\K06NO7.159 H06PT1 H10528 CONGRESSIONAL RECORD — HOUSE November 6, 2003 This provision exempting oil and gas com- and reallocate the money saved to in- vide the best possible care available panies from complying with the stormwater crease payments to disproportionate day in and day out. permitting requirements rolls back the clock on share hospitals. In my district, my hospitals fall be- environmental protections and seriously jeop- As a representative of an area with tween the cracks of not quite big ardizes the health of our Nations lakes, rivers, multiple DHS hospitals, I feel it is vi- enough to be considered urban, and and streams. tally important to provide them with just a little too large to be considered I urge members to adopt this motion and in- the maximum Federal funding possible. rural; but we have one of the largest struct the Energy bill conferees to reject this However, let me first discuss the issue uninsured populations in the country provision. of premium support, and why I am con- and increasing DHS funds are abso- Mr. FILNER. Mr. Speaker, I yield cerned that this plan could potentially lutely essential for their survival. back the balance of my time. dismantle Medicare. Mercy Hospital in Merced County is The SPEAKER pro tempore (Mr. Under premium support, in the year facing severe financial shortages be- HAYES). Without objection, the pre- 2010, private insurance companies and cause of a lack of payments in this vious question is ordered on the motion traditional fee-for-service would com- area and because of a high indigent to instruct. pete against each other to provide serv- population. There was no objection. ices to beneficiaries. Monthly pre- b 1845 The SPEAKER pro tempore. The miums would be set according to an av- question is on the motion to instruct erage and beneficiaries would then be My motion not only directs the con- offered by the gentleman from Cali- given something similar to a voucher ferees to use funds saved by premium fornia (Mr. FILNER). for which they could purchase cov- support for DSH hospitals but it also The question was taken; and the erage. insists that the final legislation retain Speaker pro tempore announced that However, premium support will cre- the most generous DSH provisions the noes appeared to have it. ate a system where seniors’ benefits from the House and Senate versions of Mr. FILNER. Mr. Speaker, on that I can vary widely from county to coun- the Medicare legislation. demand the yeas and nays. ty, State to State, and their choice in As we all know, DSH hospitals are The yeas and nays were ordered. doctors can be restricted, vital services facing the possibility of falling off a The SPEAKER pro tempore. Pursu- may not be covered, and their monthly proverbial cliff due to the drastic re- ant to clause 8 of rule XX, further pro- premium can radically fluctuate. That duction in Federal funding as directed ceedings on this motion will be post- is if the private plans even participate by the Balanced Budget Act of 1997. poned. at all. Section 1001 of this bill increases DSH f We need to look no further than the allotments in fiscal year 2004 to that of administration to find proof that this 120 percent of fiscal year 2003. Section MOTION TO INSTRUCT CONFEREES is an impending problem. A recent re- 602 of the Senate bill increases the ON H.R. 1, MEDICARE PRESCRIP- port by the Department of Health and floor for low DSH States from 1 percent TION DRUG AND MODERNIZA- Human Services actuary showed rad- to 3 percent of total Medicaid spending. TION ACT OF 2003. ical disparities in the monthly pre- This provision is extremely important Mr. CARDOZA. Mr. Speaker, I offer a miums by region. For example in Da- for States of Alaska, Arkansas, Dela- motion to instruct. vidson County, North Carolina, Medi- ware, Idaho, Iowa, Kansas, Maryland, The SPEAKER pro tempore. The care beneficiaries would only pay $53 a Minnesota, Montana, Nebraska, New Clerk will report the motion. month under premium support. How- Mexico, North Dakota, Oklahoma, Or- The Clerk read as follows: ever, my constituents in Stanislaus egon, South Dakota, Utah, Wisconsin, Mr. CARDOZA of California moves that the County would be forced to pay a whop- and Wyoming who are bound by law managers on the part of the House at the ping $117 per month, so more than dou- not to spend more than 1 percent of conference on the disagreeing votes of the two Houses on the Senate amendment to the ble. their Medicaid dollars on DSH hos- bill H.R. 1 be instructed as follows: I am very concerned about subjecting pitals. Hospitals in these States are (1) To reject the provisions of subtitle C of a trusted health care system like Medi- suffering as well, and we cannot let title II of the House bill. care to the uncertainty of the private them fail, either. (2) To reject the provisions of section 231 of market. I am especially hesitant about Mr. Speaker, I urge every Member of the Senate amendment. a system that relies on HMOs and this body to support my motion to in- (3) Within the scope of conference, to in- other private insurance plans to ad- struct the Medicare conferees. Amer- crease payments under the medicaid pro- minister services to our seniors. In my ica’s seniors deserve a guaranteed gram for inpatient hospital services fur- hometown of Merced County, there is Medicare benefit and America’s safety nished by disproportionate share hospitals by an amount equal to the amount of savings not one, not one Medicare+Choice plan net hospitals deserve our assistance. attributable to the rejection of the afore- that my constituents can participate Mr. Speaker, I reserve the balance of mentioned provisions. in, not one. However, for someone re- my time. (4) To insist upon section 1001 of the House siding in Los Angeles County, 200–250 Mr. BRADY of Texas. Mr. Speaker, I bill and section 602 of the Senate bill. miles down the road, they have a pick yield myself such time as I may con- Mr. CARDOZA (during the reading). of 11 different plans. HMOs have made sume. Mr. Speaker, I ask unanimous consent it abundantly clear that serving rural Medicare recently celebrated its 37th that the motion to instruct be consid- America is not profitable, and, there- birthday. Medicine has changed a lot ered as read and printed in the RECORD. fore, they have pulled out of those re- since 1965. Unfortunately, Medicare has The SPEAKER pro tempore. Is there gions in a mass exodus. Now, the House not. Back then our seniors spent half objection to the request of the gen- bill relies on these plans to provide their medical dollars for doctors, the tleman from California? services for Medicare beneficiaries. rest for hospitals. It was pretty simple. There was no objection. Mr. Speaker, to me it just does not But today, a remarkable 40 percent of The SPEAKER pro tempore. Pursu- make sense. So let us not take a gam- seniors’ costs are for prescription medi- ant to clause 7 of rule XXII, the gen- ble with our seniors. Instead, let us cine. Through the miracle of modern tleman from California (Mr. CARDOZA) spend our resources on something far science, through lifesaving drugs, tech- and the gentleman from Texas (Mr. more tangible, disproportionate share nologies and new treatments, our par- BRADY) each will control 30 minutes. hospitals. These are America’s safety ents and grandparents are living longer The Chair recognizes the gentleman net hospitals caring for the sickest and and healthier lives than any American from California (Mr. CARDOZA). poorest of our citizens, and they must generation. Best of all, due to new Mr. CARDOZA. Mr. Speaker, I yield not be abandoned in their time of need. medicines, they are spending less of myself such time as I may consume. Currently, there are over 40 million their golden years in hospitals and Mr. Speaker, the motion we are de- Americans without health insurance, nursing homes and more of their time bating tonight instructs the Medicare and the number continues to rise. DHS with their children and grandchildren. conference committee to reject the hospitals accept every patient, regard- Medicare needs to change with the controversial plan of premium support less of their financial status, and pro- times. Our seniors deserve a Medicare

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.076 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10529 that includes a modern prescription The allotment is increased 20 percent, can seniors not have the same choice of drug benefit, one that is voluntary so a major amount, for those hospitals. good health care plans for Medicare seniors can keep the good plans they There are new preventive tests added and the cost where we know with the already have, one that gives seniors to Medicare, such as cholesterol baby boomers coming into Medicare in the right to choose the prescription screening and initial physicals; and the future, we will want those reason- plan that is best for them, not what is there are important reforms to speed able increases so that we can make best for Washington, one that is afford- generic drugs to the market to lower Medicare last forever? That is the issue able so that seniors have the peace of drug prices. tonight that we are debating. Why can mind from knowing Medicare will re- As one would imagine, no change of seniors not have the same type of main strong and viable for generations this importance is without honest dis- health care that Members of Congress to come. This is important as an issue agreement. Some believe this bill is have? Why can they not have good to our country and to our State. too small. They have offered a proposal choices? Why can we not have one that Back home in Texas, we have more three times larger, which as one would will actually make Medicare last than 2 million seniors who count on guess bankrupts Medicare within a few longer and not hasten its bankruptcy? Medicare. On average, they fill 18 pre- years and mandates a Washington- We need these types of reforms when scriptions a year, spending about $1,200 style one-size-fits-all plan that does we add Medicare prescription drugs. annually. Many of our seniors face seri- nothing to actually improve Medicare. As I watch our conferees, led by the ous problems paying for these medi- The better way, I believe, is to guar- gentleman from Louisiana (Mr. TAU- cines. It does not seem right that our antee our seniors have a prescription ZIN) of the Committee on Energy and neighbors when ill are opting to leave plan they can count on; one that will Commerce and the gentleman from prescriptions unfilled or cutting back not threaten future medical break- California (Mr. THOMAS) of the Com- on food and sometimes traveling to throughs; one that will not lead to ra- mittee on Ways and Means and the other countries to purchase drugs sim- tioning of health care; and one that other conferees, I know that many ply to protect their precious health. At will extend the life of Medicare, not Members of Congress, including myself, this point in their lives, do our parents hasten its demise. Yet others believe believe that added reforms to make and grandparents not deserve better? this benefit is too large, that Congress Medicare better and last longer is the The time for petty partisan fighting is should focus on giving help only to the only responsible way to add a prescrip- over. It is time for Congress to act poorest. Unfortunately, we already tion drug benefit. right now. have a program like that. It is called Mr. Speaker, I reserve the balance of That is why I am proud to serve on Medicaid. It is not the model we should my time. one of the two committees which de- have for this Nation and for our sen- Mr. CARDOZA. Mr. Speaker, I yield veloped the Medicare Prescription iors. myself such time as I may consume. Drug Modernization Act that success- As a fiscal conservative, I looked real fully passed the U.S. House of Rep- hard at the cost of adding prescription I would say to the gentleman from resentatives recently. The legislation medicine to Medicare, an additional 10 Texas that it is my understanding that brings Medicare into the 21st century. percent over the next 10 years. I am we have never offered a proposal that It provides catastrophic protection for convinced we can spend a dime now to costs three times as much. In fact, the seniors with very expensive medicine help seniors with their medicines, or gentleman alluded to the fact that he costs, extra help for the poor and low- we can pay a dollar later when they favored a plan much like the plan that ers drug prices while still encouraging end up in the hospital, end up with a Members of Congress currently have. the medical breakthroughs that our surgery they did not need to have if we That is something that we have pro- loved ones are counting on. The plan would have helped them a little with posed. We have never heard that plan starts with a 2-year discount drug card the drugs beforehand. from the Republicans. We would cer- for the neediest seniors, reducing medi- I am also proud to support one of the tainly be willing to entertain a plan cine costs by an estimated 25 percent. best improvements in the basic Medi- that was something similar to what After that, a new Medicare part D that care program, the one we are talking Members of Congress have for our sen- is for drugs will be available from sev- about tonight. In 2010, seniors will have iors, without a doughnut hole. eral different health care plans for pre- a choice of their basic Medicare plans, Mr. Speaker, I yield 3 minutes to the scription medicine. Seniors may choose much like the choice Members of Con- gentleman from Texas (Mr. STENHOLM), one or not. It is not mandatory. It is gress and other Federal workers have the ranking member of the Committee their choice. that are included in the Federal em- on Agriculture and the cochair of the Like most health care plans, there ployee health care plan. Groups like Blue Dog Coalition. will be a small annual deductible, the Heritage Foundation say these re- Mr. STENHOLM. Mr. Speaker, I rise monthly premiums of around $35, and forms found only in the House plan go in strong support of the Cardoza mo- copayments up to a certain amount. a long way toward fundamental change tion to instruct Medicare conferees. Some seniors we know have extremely in Medicare. My question is, If these The Cardoza motion instructs con- expensive medicine costs, much greater health care plans are good enough for ferees to insist on a House-passed pro- than the average person. To make sure Congress, why can our seniors not have vision that would largely eliminate re- these seniors will not face losing all access to them? Why can they not have ductions in Medicaid disproportionate that they have worked a lifetime to the type of choices we have for our share hospital payments, or better save, the new Medicare health plan in- families at taxpayer expense? Why can known as DSH payments, currently cludes catastrophic coverage that picks we not have plans like the Federal em- scheduled to go into effect in fiscal up most of the prescription costs over ployee plan that not only works better, year 2004 and fiscal year 2005 and pro- a certain amount. And for the neediest provides better coverage but does not vide some benefits in later years. DSH seniors, Medicare will pay for the pre- increase so much in cost over the funding is our Nation’s primary source scription health care plan and many of years? of support for our safety net hospitals the costs that go along with it. Those Recently a study was done that com- that serve our most vulnerable popu- details are being finalized as we speak pared Medicare for the last 20 years lations. Medicaid DSH is especially im- tonight. against the Federal employee health portant now as the number of unin- But the House bill that we passed care plan, the one the Members of Con- sured Americans continues to rise, does more than just offer affordable gress have. What the plan showed was with now over 43 million Americans prescription drug coverage. It also in- that Medicare without prescription without health care coverage. cludes funding to make sure doctors drugs rose faster in cost and price than In our State of Texas, I say to my and hospitals, nursing homes and home the Federal plan with prescription friend from Houston, where nearly a health agencies continue to treat our drugs did. In other words, less care in quarter of the population has no health Medicare seniors. In fact, the DSH hos- Medicare, higher growing costs. More insurance, hospitals and health care pitals, those who take care of our need- competition, better health care and the clinics rely heavily on the DSH pay- iest, will receive a 20 percent increase. costs were lower over the years. Why ments in order to finance care for the

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.163 H06PT1 H10530 CONGRESSIONAL RECORD — HOUSE November 6, 2003 poor and uninsured. Despite the grow- Mr. BRADY of Texas. Mr. Speaker, I and lower costs over time. We are seek- ing demand, Texas is increasingly con- yield myself such time as I may con- ing these types of improvements be- strained from making DSH payments sume. cause we know it is the only respon- to needy hospitals. In the recent budg- The fact of the matter is that the sible way to help our seniors afford et cycle, Texas State legislators best way that we can provide Medicare medicine costs and create a Medicare slashed millions in funding and serv- for our seniors is to give them a tested system they can count on for the fu- ices throughout the Medicaid program improvement that we ourselves are the ture. in response to the State budget deficit. beneficiaries of as Members of Con- Mr. Speaker, I reserve the balance of In fiscal year 2003, Texas DSH pay- gress. Some would like to just add my time. ments were reduced by $80 million due Medicare prescription drugs onto the Mr. CARDOZA. Mr. Speaker, I yield 3 to statutory limits in Federal law. current Medicare system and if it goes minutes to the gentleman from Ohio All of these cuts inevitably will fall bankrupt, it goes bankrupt. If the (Mr. BROWN), a member of the Com- on the shoulders of Texas’ poor and un- boomers use all the money, they use all mittee on Energy and Commerce, who insured, depriving them of their access the money. No big deal. Just let that has over the years become a leader in to basic health care as providers like happen. That is what this motion does. this body on health care in America. hospitals are left with no choice but to What we are trying to do is take the Mr. BROWN of Ohio. Mr. Speaker, I reduce services. Particularly this is a responsible approach. What we are try- thank my friend from California for his problem in rural areas. If hospitals and ing to do is to offer to Medicare seniors good work as a freshman in really step- health care providers do not close their not only a way to help them with their ping up and learning health care issues doors or fold under the financial pres- prescription drugs but a way to make and fighting for the right causes in sure, they may shift the burden of car- Medicare better for them and a way to health care and protecting Medicare. ing for the poor and uninsured by make it last longer. Yes, seniors in I would not expect the gentleman charging more to the patients who can Medicare today, they will tell you from Texas (Mr. BRADY) to know what afford to pay, making health care more there are serious problems with Medi- his counterparts in the Committee on expensive for all Americans. care. Fewer and fewer doctors are will- Energy and Commerce did. He is a dis- tinguished member of the Committee The House DSH provision contained ing to see our seniors. There are com- on Ways and Means. But when he in the Cardoza motion is essential to plaints about service. This bill is in- stands here and says that we just want ensuring that the most vulnerable Tex- creasing reimbursements to hospitals to give to seniors what Members of ans continue to receive vital health and health care providers, to these Congress already get, he should know care services. The provision, section same hospitals that my friend from that the Committee on Energy and 1001 in House bill 1, would provide Texas talked about. But we are also Commerce had an amendment, the Texas an estimated $140 million in- adding something more important, a Democrats in the Committee on En- crease in fiscal year 2004 over current Medicare system you can count on for ergy and Commerce, saying that every law. Sufficient DSH payments are ab- future years. senior should get a plan at least as solutely critical if hospitals and health b 1900 good as Members of Congress get, and care clinics are to continue to serve The way we do that is not, as my it was voted down in a party-line vote. the neediest and the poorest Texans. friend from Abilene, Texas, just said, It was not the first time we had tried Now is not the time to deny the poor sort of what has come to appear to be that. We had tried it other years. We and uninsured access to the health care a tried-and-true tested way to scare will continue to try it. But the gen- they need or to shift the burden to the our seniors by using the word ‘‘pri- tleman from Texas (Mr. BRADY) should average American on an experimental vatize,’’ by saying we are ending Medi- remember that soon after the Medicare program. care as we know it. The fact of the bill passed in the middle of the night, I cannot say how strongly I oppose matter is we are creating Medicare the as all controversial bills pass in this the general provisions that my friends way Members of Congress know it. body, by one vote, as almost all of on the other side of the aisle seem to Where we have a choice of plans that them pass, and after Republicans sur- believe that privatizing Medicare, have worked for years and years and rounded a couple of Members on the turning Medicare over to the private years for us, that have worked very House floor in the middle of the night, industry, is going to be the best way to well for us, and the question still and convinced a couple of Republicans serve the uninsured in Texas. It will comes down to if we add a prescription to switch their votes so they could get not work because it cannot possibly drug plan, should we not make Medi- their bill through by one vote, he work when you already have a program care last longer and improve it? And should remember a couple days after that the administrative cost runs con- why cannot seniors have the same type that, I believe the next week, that a sistently less than 2 percent. No one of choice of health care plans that Republican Congressman from, I be- has ever been able to show me in any Members of Congress have? I mean lieve, Virginia had legislation that said debate, any discussion, anywhere at have they not earned it at this point in that we will not bring Members of Con- any time that you can do a better job life? And we know from recent studies gress and Federal employees down to with less money. I would enjoy hearing that this is a proven way to provide the level of the Republican Medicare people defend this from the standpoint health care in a way that helps provide plan. It was to protect those Federal of something other than philosophy. Medicare for years and years and years employees, also protecting Members of But in the case tonight, we have a to come. Congress, but to protect them so they clear choice. This motion is clear to us, The sections that are being proposed did not get a plan with this huge unless you believe, as some do, that to be struck today save costs for Medi- doughnut hole, this huge gap in cov- privatizing is the way to go. We have care, make it more financially sound, erage, with lots of out-of-pocket costs. already experimented with this in agri- and we have a prescription drug plan My Republican friends did not want culture. We have done it now for 10 that they desperately need. We are put- that plan for Federal employees and, I years. It has not worked and cannot ting Medicare on a sound financial might add, for themselves. work, and we continue to hear folks basis that will last longer and be bet- This is the same Republican Congress coming to the floor of the House talk- ter. It allows taxpayers to share in the where almost 200 Members of Congress ing about the need for additional Fed- savings and, as beneficiaries, make the voted for a pay raise for themselves eral involvement in disaster programs best choice for them, not what Wash- and then a couple of months later covered by insurance. It does not work ington wants. And it parallels the com- voted against a $1,500 pay increase for there. It cannot possibly work in some- petition that we have in the plans that our servicemen and women of Iraq, just thing as important as health care. Members of Congress use. It creates a to bring another issue which sort of I encourage all of my colleagues to level playing field between traditional hits home with a whole lot of us. support the Cardoza motion to instruct fee-for-service which our seniors can The fact is that Medicare works, Medicare conferees and hope the con- continue to choose, and many will, and Medicare is rock solid, it is equitable, ferees are listening carefully. private plans that offer more choices it is dependable, it is flexible, it is

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.165 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10531 cost-efficient, it serves America’s sen- tives for seniors to choose the best cannot afford affordable health care for iors so very well. plan, the most efficient form of care, seniors, and recent experiences with President Bush, when he unveiled his and if traditional Medicare is that, Medicare+Choice simply reinforce that prescription drug plan, he said, If you then they will be given incentives to lesson. Covering Medicare beneficiaries want prescription drug coverage, Mr. remain in traditional Medicare is too expensive for private plans to and Mrs. Senior in this country, you through premium decreases. In other justify to their investors, and this is have got to leave Medicare and go into words, seniors will see their Medicare especially true in rural areas, where a private HMO. Then he realized that premiums go down, not up, and that the low population and the lack of pro- did not sound too good. Even the will be a pleasant change for seniors. viders has proved to be too high a hur- privatizers on the other side of the But if private plans like the ones Con- dle for private plans. But in spite of aisle who want to turn Medicare over gress have can deliver Medicare service this experience, the House bill would to the insurance industry, even they more efficiently, then we want seniors turn Medicare into a voucher program. realized that was not going to work in to have incentives to join those plans. The Senate bill would simply pay an election year; so they backed off We want them to have the choice to HMOs more per beneficiary than the that plan. pick the plan that is best for them, not traditional fee-for-service Medicare But the fact is that H.R. 1 abandons a one-size-fits-all from Washington. costs, and this would result in what my Medicare as we know it, trades it in for These improvements are necessary to colleague from Texas does not think a multi-health plan system we already bring Medicare costs under control so will happen, but it is naive to assume know does not work, privatizes the sys- it lasts longer, so it is something our that this bribery for the HMOs to take tem, turns it over to HMOs. That is seniors can count on. We are not scar- these patients would inspire patients why the Cardoza motion to instruct is ing seniors. We are offering them the to stay in traditional Medicare. There- so very important. That is why Mem- choices they deserve at this time in fore, they would opt out and Medicare bers should support it if they like their life. would end as we know it. Why not just Medicare the way it is. But under their Mr. Speaker, I reserve the balance of stick with traditional Medicare as we plan without the Cardoza motion to in- my time. have it now? struct, Medicare ends in 7 years. It is a Mr. CARDOZA. Mr. Speaker, I yield This is a waste of money, this plan to bad idea. Support the Cardoza motion myself such time as I may consume. privatize, and the net result would to instruct. I would like to first assure the gen- drive premiums up for Medicare bene- Mr. BRADY of Texas. Mr. Speaker, I tleman from Texas that I have not at- ficiaries, way up. At the same time this yield myself such time as I may con- tempted to score debating points since Medicare modernization bill deals a sume. I graduated from high school, and I double whammy to hospitals that deal I think it is important to know that think this issue dealing with Medicare with a disproportionate share of popu- what we are talking about tonight is for our seniors, prescription drugs for lations whose resources do not match not about Iraq. It is not about congres- our seniors, is far too important to their needs. These hospitals have suf- sional pay raises. It is about our sen- consider debating points. What we are fered a cut of hundreds of billions of iors getting drug help for medicines concerned about is the fact that we dollars in this bill because of efforts to that they desperately need and to have been excluded, predominantly, limit spending on Medicare. So these make sure that we change and improve from a conference committee that is cuts threaten hospitals’ ability to pro- Medicare in a way that it lasts, in a critically important to the vast major- vide health care for America’s poor and way that they can count on for years ity of our seniors in this Nation. So uninsured, just when uninsured seniors and years to come. this is the only method we have to will find themselves without the abil- It is true that an amendment was of- have input into that conference proc- ity to pay for their medications. They fered, and I always get a kick out of ess. I would also like to make the point are told that this is because the budget Washington. We think it is so impor- that administrative costs in private is so tight, we cannot afford to prop- tant to score points against each other plans are approximately 15 percent and erly fix this problem. We simply should with amendments and clever motions under the Medicare system that we not be throwing money at the private on the floor. Our seniors, frankly, do have in this country is probably one of insurance industry when so many hos- not care about that. They need some the most efficient possible ways of de- pitals are just struggling to stay open. help in buying medicines, and they livering health care to our seniors. We So I urge support for this motion to need a Medicare system that will last only have a 2 percent administrative instruct conferees so that they will long that they can count on. The fact cost. continue to support hospitals and pa- of the matter is the amendment simply Mr. Speaker, I yield 3 minutes to the tients over HMOs and protect our con- added costs to Medicare, did not add gentlewoman from California (Mrs. stituents from the ill-conceived any of the improvements that would CAPPS), my friend and colleague who changes which will eventually elimi- make it last longer. So bankrupting has been a leader on the Committee on nate Medicare as we know it today. Medicare sooner is not something I Energy and Commerce in fighting for Mr. BRADY of Texas. Mr. Speaker, I would brag about, but in Washington maximum Federal dollars for Medicaid yield myself such time as I may con- people think that is clever. DSH hospitals. sume. Also, in Washington a big intent is Mrs. CAPPS. Mr. Speaker, I thank Here we go again, trying to scare our SOS, scare our seniors, talk about how my colleague for yielding me this time. seniors, privatizing, ending Medicare Medicare can never be made better, Mr. Speaker, I rise in strong support as we know it, all the phrases the poll- that there are no improvements, there of this Cardoza motion to instruct con- sters have used and tested to make are no other options to look at. But the ferees on H.R. 1, the Medicare Prescrip- sure that we get a partisan message fact of the matter is my colleagues on tion Drug and Modernization Act of out rather than a drug plan for our sen- the other side continue to claim tradi- 2003. I support it for what it protects, iors. tional Medicare is more efficient than Medicare as we know it, and for what it The truth of the matter is if we were the private plans that we as Members supports, our underfunded DSH hos- to adopt this proposal tonight, Medi- of Congress have. If that is the case, pitals. care would go bankrupt sooner. We they have nothing to fear from the re- The House and Senate Medicare bills, would be adding the prescription drug forms and improvements in the Medi- as we know, would impose a privatiza- plan that we seriously need, but we care bill. tion scheme on Medicare. This would would not make any changes making If Medicare truly is more efficient jeopardize health care for our seniors Medicare better and last longer so that than private plans, then the bene- and turn them over to the tender mer- the next generation would have a Medi- ficiaries, our seniors, in competitive cies of the private insurance industry care system they can count on. The areas who remain in traditional fee- whose strongest obligation is not to fact of the matter is we are not trying for-service will see their premiums go seniors but to their bottom line. to end Medicare as we know it. We are down; so they will benefit from this We created Medicare precisely be- trying to create it as Congress knows competition. We want to provide incen- cause the private insurance industry it, as Members of Congress have in the

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.166 H06PT1 H10532 CONGRESSIONAL RECORD — HOUSE November 6, 2003 health plans and choices we have The fact of the matter is that with- is. Under this proposal, private plans today. The fact of the matter is that out some reforms to make Medicare will be paid significantly more than it there is no effect on Medicare entitle- better and last longer, premiums for costs under Medicare to deliver the ment by the House plan. Seniors will taxpayers will go up and the whole sys- same service. Are we expected to be- have entitlement to defined benefits tem is going, frankly, to go bankrupt lieve that we are going to save money just the way they do today. They will sooner. by spending more money for the same have access to traditional fee-for-serv- I think one thing we share as Demo- services? Is that what it is all about? ice Medicare all throughout the coun- crats and Republicans is wanting to try Just think what Congress could do if try. What they will have when we de- to find some way where we can make we freed up this money. I am sure our feat this proposal, as we will later, is Medicare better and last longer. I do cash-strapped hospitals at home would something they do not have today, think that, despite our philosophical not mind the money, particularly those which is a choice of Medicare plans, differences, we have some common in desperate need of improved DSH health care plans that are more to ground in that area. payments. what they need, not what Washington Mr. CARDOZA. Mr. Speaker, I yield 3 I can say with absolutely certainty needs, one that suits a changing senior minutes to the gentleman from Texas in East Texas that the Atlanta Memo- population. Seniors, as my colleagues (Mr. SANDLIN), my fellow Blue Dog and rial Hospital, the East Texas Medical know, some of them are in very good a member of the Committee on Ways Center in Athens, Hopkins Memorial health. Some of the seniors in my dis- and Means. Hospital, Nacogdoches Memorial Hos- trict have episodes in one-time, two- Mr. SANDLIN. Mr. Speaker, I thank pital, Presbyterian Hospital of Green- time types of illnesses. They have to my friend from California for yielding ville, Roy H. Laird Memorial Hospital treat other illnesses as they get older me time. and Titus County Memorial Hospital, and move into more chronic care areas Mr. Speaker, do we want to privatize they would be relieved and happy to re- where it is a continual fight for a Medicare? That is the question. It is as ceive this additional funding. healthy life. simple as that. Do we want to make We should ensure that we retain the House provision in H.R. 1 that prevents b 1915 prescription drugs available and afford- able for senior citizens, or do we want cuts in Medicaid DSH payments. Fur- Having the types of choices the Mem- to give money to HMOs to operate a thermore, we should include the Senate bers of Congress have, the types of plan for their profit? That is the ques- provision that provides critical DSH health care plans we think are good tion. increases for 18 ‘‘Low DSH’’ States. enough for our families, but apparently I rise today to join my colleagues in Mr. Speaker, it is clear, our senior some do not think are good enough for instructing the Medicare prescription citizens and our hospitals and our rural our seniors to have, those types of drug bill conferees to reject the House- communities need our help. The HMOs choices, I think our seniors deserve passed premium support provision, are doing just fine without us. I urge that. turning Medicare into a private vouch- my colleagues to stand up for seniors, More importantly, without these er program, as well as the $6 billion stand up for our hospitals, stand up for changes, without these improvements wasted in the ill-conceived Kyl dem- our rural communities, and vote in to make Medicare last longer and favor of the Cardoza motion. That is make it a better plan for seniors, we onstration projects. We have a clear responsibility as our obligation. That is our responsi- are simply bankrupting it sooner. We Members of Congress to improve Medi- bility. are abdicating our responsibilities as Mr. BRADY of Texas. Mr. Speaker, I care, not to destroy it. Yet, if we allow Members of Congress. We are not doing yield myself such time as I may con- the Republican leadership to continue the right thing for seniors. sume. My thought is if someone promises on their dangerous path toward Mr. Speaker, let us clear up the facts you something that seems too good to privatizing Medicare, our seniors’ ac- again so we do not continue to scare be true, it usually is. Being responsible cess to affordable health care will be our seniors for political purposes. The and adding a prescription plan that is compromised beyond compare. Fur- fact of the matter is that the Medicare affordable for future generations and ther, Medicare’s promise of equity will entitlement has not changed. Medicare improving Medicare in a way that be ended in a regional free-for-all in seniors will be able to choose the same keeps the costs down for future tax- benefits and prices. fee-for-service they have for years. payers, that is the responsible way of The Republican leadership is playing They will be able to choose it all helping our seniors. games with the American public with throughout the country. The proposal Mr. Speaker, I reserve the balance of their constant renaming of this ill-con- we are talking about tonight actually my time. ceived proposal. We all know it. You saves money and lengthens the solid Mr. CARDOZA. Mr. Speaker, I yield can call it ‘‘premium support,’’ you can stability of Medicare. myself such time as I may consume. call it ‘‘comparative cost adjustment,’’ The fact of the matter is when you Mr. Speaker, I would respond to the you can call it a ‘‘voucher program.’’ hear Members talk about ‘‘we do not gentleman from Texas by saying that Heck, you can call it ‘‘Ray’’ or you can want to privatize Medicare,’’ what they those seniors in my district are already call it ‘‘Jay,’’ but it is the same thing. are saying is we do not want to provide scared. They are scared about the fact Starting in 2010, our seniors will no the same choices the Members of Con- that they cannot afford prescription longer be entitled to a Medicare de- gress have. When they talk about giv- drugs now. They are scared about the fined benefit. It is as simple as that. ing money to the big, bad HMOs, they fact that all of the HMO+Choice plans How is that fair? Importantly, contrary do not say, just like we do in the plans have pulled out. They are scared about to what my good friend from Texas of Members of Congress. the fact that, in some parts of this said, it is estimated that the average The fact of the matter is that in this country, it will be $53 a month, and in Medicare premium will rise by 25 per- proposal the reforms we are offering, my district the administration says it cent under the Republican plan, and the choices, are that we are giving sen- will be $117 a month, which they do not some up to 88 percent in rural areas. iors an opportunity to choose the plan know where it is going to come from. Mr. Speaker, as you know, over 80 that is best for them, plans like we Mr. BRADY of Texas. Mr. Speaker, percent of rural Medicare beneficiaries have for our families here in Congress, will the gentleman yield? live in an area that private insurance but apparently we do not want to offer Mr. CARDOZA. I yield to the gen- companies have made a choice not to for our seniors. tleman from Texas. serve at all. Now, how is that fair? What we do know from history is two Mr. BRADY of Texas. In the same What about this Kyl demonstration things: One is that low-income seniors, setting, CBO estimates the premiums project, Mr. Speaker? What is that all when they have a choice between just for fee-for-service Medicare may go about? The Kyl demonstration project Medicare and other plans, they choose down by $10 a month, or, at most, in- follows the same destructive path to- the other plans, because they get bet- crease by $3 a month. It is much less wards anti-consumer, anti-senior, anti- ter value for their money, better variation than the CMS study that is hospital, pro-private insurance com- health care, and we can make Medicare cited here tonight. pany, HMO legislation. That is what it last longer.

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.168 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10533 The other point is the recent study proportionate Share Hospital formula, You know what will hasten the de- that showed when you compare 20 leaving the hospital with virtually no struction of Medicare? Your party’s years of Medicare costs against the 20 means to make up for the financial raiding the surplus and using it for years of Congress’ health care plans losses. other purposes. That will hasten the and that of our Federal employees, the Without Wishard Memorial’s services, Indi- demise of Medicare. Medicare plan provided less health care ana’s healthcare system would be plunged My seniors are pretty wise. They at a higher increase in costs than the into crisis. The magnitude of the ripple effect know what is going on up here. They private plans that Members of Congress caused by its collapse would be felt by hos- know that we want to privatize this rely upon that we are going to start of- pitals and clinics throughout Indiana as system, this system that they love and fering, where possible, for seniors, Wishard’s indigent patients seek care else- depend upon, and that we want to, by where we have got more health care where. 2010, take away this guaranteed ben- and the costs did not increase as much. Wishard Memorial’s demise would do signifi- efit. Quite frankly, America’s seniors If we want to be responsible about cant damage to medical education, homeland are going to storm this place when adding senior prescription costs for our security, and indigent care in Indiana. they find out what is happening. They seniors, we also have to be responsible Wishard’s indigent care comprises of almost will not tolerate these misstatements, about giving them the reforms to make 850,000 annual patient visits. this distortion, this exaggeration. Medicare better and make it last The hospital contains one of only two adult Quite frankly, if we allow the Repub- longer, because if we accept proposals level-one trauma centers in Indiana. lican Party under the leadership of this like this, frankly, we are going to has- The hospital operates the largest adult burn administration to do what they want ten the bankruptcy of Medicare, not unit. to do, we will not have Medicare by extend it. The hospital provides the most mental 2010 as we know it today. Can you Mr. Speaker, I reserve the balance of health and psychiatric services to indigent pa- imagine what this country would be my time. tients. like without Medicare? Well, if your Mr. CARDOZA. Mr. Speaker, I yield The hospital is the medical facility in Marion party has its way, I am afraid Amer- myself such time as I may consume. County for bioterrorism and smallpox pre- ica’s senior citizens are going to find Mr. Speaker, I would respond to the paredness and response. out. That is why we ought to do the gentleman from Texas by saying it is Two-thirds of Indiana’s medical students are right thing here tonight and accept my understanding that we have offered trained at the hospital. this motion to recommit. to do the Congressional plan both in The hospital expects to end this year with a Mr. BRADY of Texas. Mr. Speaker, I committee and here on the floor, and I shortfall of about $35 million and has started yield myself such time as I may con- would just say to the gentleman from next year planning to spend $54.3 million less sume. Texas that I would be happy to join than this year. Mr. Speaker, here is a lesson on how with him in this. In fact, the gen- Wishard provided $66 million in care to un- to scare seniors in three easy steps: tleman from Texas is in the majority, insured people in 1996. That figure jumped to Tell them you are going to privatize and he could propose that proposal to- $118 million last year. Medicare. Do not tell them we are night, if he so chooses. I want to thank members of the Indiana del- going to offer the same choices that Mr. Speaker, I yield 3 minutes to the egation, Representatives BURTON, SOUDER, Members of Congress have. gentlewoman from Indiana (Ms. CAR- PENCE, CHOCOLA, VISCLOSKY and HILL for their Tell them we are going to provide SON), whose district is faced with a continued support of Wishard Memorial Hos- vouchers for Medicare. Do not tell growing problem of uninsured. pital. them we are going to offer them the Ms. CARSON of Indiana. Mr. Speak- I urge everyone to support this motion to In- same types of choices that Congress er, certainly my heartfelt thanks go to struct. Our nation’s Disproportionate Share has. my colleague the gentleman from Cali- Hospitals are in desperate need of your help. Tell them we are going to end Medi- fornia (Mr. CARDOZA) for bringing this Mr. Speaker, this is why I am so care as you know it, but do not tell important issue to the attention of the grateful to the gentleman from Cali- them we are trying to offer Medicare United States Congress. fornia (Mr. CARDOZA) for bringing this the way Members of Congress have The gentleman from California (Mr. issue before the ears and eyes of Amer- health care. CARDOZA) himself is the beneficiary of ica, and certainly before the United What they will not tell you, because quality health insurance, yet he is States House of Representatives, who it will actually reassure our seniors, is standing here tonight on behalf of the can, in fact, see something that is bro- that the bill that we passed in this millions of Americans who do not have ken and can fix it. House, the bill that we are discussing adequate insurance, who are either Mr. CARDOZA. Mr. Speaker, I yield 2 tonight, says it clearly: There will be under-insured or have no insurance, minutes to the gentleman from Ohio no change in Medicare’s defined benefit and the $6 billion that this bill spends (Mr. STRICKLAND). package. Let me say that again: No on vouchers certainly could be put to Mr. STRICKLAND. Mr. Speaker, I change in Medicare’s defined benefit better use. thank my friend for yielding me time. package. Let me explain very briefly about the Mr. Speaker, my friend from Texas We are not ending Medicare as people Nation’s DSH hospitals that need help said earlier we are not talking about a know it; we are offering more choices right now. Let me use my own hospital Congressional pay raise, but it is rel- and better Medicare. ‘‘Nothing in this as an example. Wishard Memorial Hos- evant, because the American people part shall be construed as changing the pital, located in Indianapolis, is a Dis- need to know that we are not willing to entitlement to defined benefits under proportionate Share Hospital and the provide them with what we provide for Parts A and B of the Social Security fifth largest provider of outpatient in- ourselves. In this Chamber we voted to Act.’’ digent care nationwide. It is 144 years give ourselves a pay raise, and we old and had some 850,000 patient visits voted to deny our soldiers a $1,500 pay b 1930 in 2002, and that included a 19-percent increase. That is relevant to this dis- The fact of the matter is, I think my increase over the prior year for indi- cussion. friend, the gentleman from Ohio (Mr. gent care. We have a pretty good health plan STRICKLAND) said it best when he said Nine out of every ten of Wishard’s pa- here. I think it is fairly well subsidized we are not prepared to offer seniors tients receive health care through Med- by the taxpayer. We are not willing to what we have. Well, Members on this icaid or Medicare or are completely un- do that for America’s senior citizens. side of the aisle, we are. We know that insured. Wishard collects, on average, We need a Medicare program that is the health care choices we have as Fed- 10 cents on the dollar from people who predictable, affordable, stable and se- eral workers and Members of Congress have no insurance. As a result, Wishard cure. That is what our forebearers have should be the choices our seniors have, has one of the lowest private pay rates given us, and that is what we need to and that is what this debate is about in the country. This fact makes it al- hold on to. tonight. most completely dependent upon the My friend from Texas said we would Mr. Speaker, I reserve the balance of funding that it receives from the Dis- hasten the destruction of Medicare. my time.

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.170 H06PT1 H10534 CONGRESSIONAL RECORD — HOUSE November 6, 2003 Mr. CARDOZA. Mr. Speaker, I yield our baby boomers, our next generation to grow, as do their responsibilities to 11⁄2 minutes to the gentlewoman from come to rely upon Medicare; or do we serve these populations. My motion re- Texas (Ms. JACKSON-LEE). add prescription drug coverage in a tains the best provisions from both the Ms. JACKSON-LEE of Texas. Mr. way that we also improve Medicare, House and Senate, and allocates any Speaker, I thank the distinguished gen- where we make it last longer, where we monies saved from dropping premium tleman from California for yielding me make it a better system for our sen- support to DSH hospitals across the this time, and I thank him for his lead- iors, one that the next generation can United States. ership on this motion. count on; where we give the reforms Mr. Speaker, I urge an ‘‘aye’’ vote. I am delighted that my good friend and offer the choices that Members of Mr. Speaker, I yield back the balance from Texas, and we are good friends, Congress and our Federal workers of my time. put on the record that there will be no have; where it is not Washington one- The SPEAKER pro tempore. Without change in the Republican bill on de- size-fits-all plans; where we do not dic- objection, the previous question is or- fined benefits. That means that our tate to people and mandate to people; dered. seniors know what they are talking where we do not ration the health care; There was no objection. about. They are against that bill, be- where we do not tell them what is best The SPEAKER pro tempore. The cause they will not get a prescribed, for them; and where the bureaucracy question is on the motion to instruct guaranteed Medicare prescription drug does not get in-between the doctor and offered by the gentleman from Cali- benefit as it now stands. the patient. fornia (Mr. CARDOZA). So the reason why we have a motion Mr. Speaker, our seniors want help The question was taken; and the to instruct is because we are fighting with prescription coverage, but they Speaker pro tempore announced that not to privatize Medicare and, in so also want a Medicare system they can the noes appeared to have it. doing, I say to my colleague, the gen- count on for years and years and years Mr. CARDOZA. Mr. Speaker, on that tleman from California (Mr. CARDOZA) to come. These reforms, these improve- I demand the yeas and nays. has rightly suggested that the pre- ments will lengthen Medicare, make it The yeas and nays were ordered. miums that we will save, we can then a better health care system, offer new The SPEAKER pro tempore. Pursu- invest in our DSH hospitals who are choices for seniors who want them, and ant to clause 8 of rule XX, further pro- suffering and whose doors are closing. offer the types of choices the Members ceedings on this motion will be post- I want a guaranteed prescription of Congress have. That is the debate to- poned. drug benefit, Medicare prescription night. f drug benefit, and I am committed to It all comes down to this: why is the working with the gentleman from Cali- health care system we have good PROPOSED USE OF DISTRICT OF fornia (Mr. CARDOZA) and my friends on enough for us in Congress, but not good COLUMBIA PUBLIC SAFETY the other side of the aisle to get what enough for our seniors back home? My FUNDS RELATED TO TERRORIST seniors understand is realistic, some- answer is that it is. They ought to have THREATS—MESSAGE FROM THE thing this Congress, Republicans and those same types of choices. They have PRESIDENT OF THE UNITED Democrats, have promised for over 10 earned it. They deserve it. And we are STATES (H. DOC. NO. 108–140) years. going to have a system that is not only The SPEAKER pro tempore (Mr. But as we are working now, it is im- better, but will last a long, long time. PEARCE) laid before the House the fol- portant, since we are locked out of the Mr. Speaker, I yield back the balance lowing message from the President of conference, that we instruct them to of my time. the United States; which was read and, recognize the importance of helping Mr. CARDOZA. Mr. Speaker, I yield together with the accompanying pa- the suffering hospitals that I have in myself such time as I may consume. pers, without objection, referred to the my district. Northwest Memorial Hos- I would first like to thank all of my Committee on Appropriations and or- pital, which I had a chance of visiting, colleagues who spoke on behalf of this dered to be printed: has an enormous caseload of uninsured motion today. I would like to thank patients, if you will, or uninsured indi- my colleague from Texas (Mr. BRADY) To the Congress of the United States: viduals in their service area. They have from across the aisle for participating Consistent with Division C, District a desire to have a prenatal clinic that in this debate. We may differ in our of Columbia Appropriations Act of will serve a number of individuals, in- opinions about which way is the best Public Law 108–7, the Consolidated Ap- cluding our Hispanics and other mi- way to reform Medicare, but I appre- propriations Resolution, 2003, I am no- norities in the area. They cannot do it ciate his willingness to engage, in any tifying the Congress of the proposed because they do not have the money. case. use of $10,623,873 provided in Division C Mr. Speaker, let us support this mo- I would like to urge my colleagues on under the heading ‘‘Federal Payment tion to instruct that provides the re- both sides of the aisle to consider sup- for Emergency Planning and Security sources to help our hospitals from clos- porting my motion to instruct. The Costs in the District of Columbia.’’ ing their doors. premium support provisions in both This will reimburse the District for the Mr. BRADY of Texas. Mr. Speaker, I the House and Senate versions of this costs of public safety expenses related yield myself the remaining time, and I bill are a recipe for disaster for our to security events and responses to ter- will be brief in closing. seniors. If premium support is enacted, rorist threats. The fact of the matter is that the our seniors will be subjected to vastly The details of this action are set section I read, this law, this very thick different premiums and benefits de- forth in the enclosed letter from the law deals with existing Medicare today, pending on where they live, they will Director of the Office of Management where we offer reassurance to seniors be forced to assume all the risks asso- and Budget. that there will be no change in those ciated with health care, and they will GEORGE W. BUSH. defined benefits. But the rest of that most likely lose their ability to choose THE WHITE HOUSE, November 6, 2003. very thick bill talks about two things. their preferred doctor and hospital, f The way that we can help seniors fi- that is, if the private plans even par- nally pay for the prescription costs ticipate. CONFERENCE ON THE CHANGING that are so valuable to them, but so ex- In my district, all but one of the sup- NATURE OF THE HOUSE SPEAK- pensive, and, in a way that we are talk- plemental private insurance plans we ERSHIP ing about tonight, we can offer seniors have once had have pulled out of our (Mr. DREIER asked and was given new choices in health care plans while area, leaving my constituents in a seri- permission to address the House for 1 we are making Medicare last longer ous lurch. Let us not take this giant minute and to revise and extend his re- and perform better. risk again, Mr. Speaker. Let us instead marks and include therein extraneous This is the issue we have before us spend our resources helping our safety material.) tonight: whether we are willing to just net hospitals survive. DSH hospitals Mr. DREIER. Mr. Speaker, it is simply add prescription drugs to Medi- are the backbone of our communities, among my duties to keep in mind the care, a load that will be too large when and the number of uninsured continue historical precedents of this body when

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.173 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10535 determining how legislation will move Noon–1:45 pm Hon. J. Dennis Hastert, posal would be phased in over 10 years, through the House. I am very privi- Speaker reduction of the tax would be very leged to do this job for our esteemed 2:00 pm Hon. Thomas S. Foley, Speaker, small in the early years of the proposal Speaker, the gentleman from Illinois 1989–1995—Comments by Hon. Vic Fazio and veterans would not even receive and Hon. Bill Frenzel (Mr. HASTERT). 3:30 pm Hon. Newt Gingrich, Speaker, 1995– their full benefits. This is the best Re- Speaker HASTERT perhaps, more than 1999—Comments by Hon. Leon E. Panetta publicans could offer: Veterans would any other in recent history, is uniquely and Hon. Robert S. Walker not receive their full benefits until qualified to bring a historical perspec- 4:45–5:15 pm Conference Summary—Robert 2014, 11 years away. tive to his job as Speaker as he was, as V. Remini, author of books on Andrew This so-called solution pits one group we all know, a government and history Jackson, John Quincy Adams, Henry of veterans against another group of teacher at Yorkville High School in Il- Clay and Daniel Webster veterans, hardly something we should linois. f do any time, but especially something we should not do in wartime. That is Because of his deep-rooted interest in SPECIAL ORDERS the history of our Republic, it is my some message. pleasure to announce to our colleagues The SPEAKER pro tempore (Mr. Democrats have offered a legislative that Speaker HASTERT, along with PEARCE). Under the Speaker’s an- package that does the right thing. Our former Speakers Jim Wright, Tom nounced policy of January 7, 2003, and proposal increases veterans’ health Foley, and Newt Gingrich, will be par- under a previous order of the House, care over the next 10 years by $10 bil- ticipating in an event entitled, ‘‘The the following Members will be recog- lion. It would end the disabled vet- Changing Nature of the House Speaker- nized for 5 minutes each. erans’ tax and pay veterans $500 a ship: The Cannon Centenary Con- f month if their disability claim has ference.’’ This conference, named for been left pending for longer than 6 REPUBLICANS SEND WRONG MES- months. It would give $1,000 bonuses for Joseph Cannon, is being held on No- SAGE TO AMERICA’S VETERANS vember 12 and is jointly sponsored by those soldiers returning home from the Congressional Research Service The SPEAKER pro tempore. Under a Iraq and from Afghanistan. It would and the University of Oklahoma. previous order of the House, the gen- make military pay increases perma- Mr. Speaker, I encourage all of our tleman from Ohio (Mr. BROWN) is rec- nent for those in imminent danger and colleagues to take the time to partici- ognized for 5 minutes. away from their families. pate in this conference and perhaps Mr. BROWN of Ohio. Mr. Speaker, The Republicans have offered so learn something new about the history with Veteran’s Day nearing, I am much less; in fact, they have taken of this great body and the institution ashamed, frankly, of how little this away. As soon as President Bush took of the Speakership. House of Representatives has done for office, he raised the copay at veterans’ Mr. Speaker, I have a copy of the pro- the men and women who have served clinics across the country by 350 per- gram here, and I will include it in the our country. There has been lots of cent, from $2 to $7 per veteran per pre- RECORD at this point. talk, good talk, especially in the early scription drug per month. He has since THE CHANGING NATURE OF THE HOUSE SPEAK- days of November, but not much real proposed to raise that to $15, from $2 to ERSHIP: THE CANNON CENTENARY CON- action. In honor of our veterans, the $7 to $15; in effect, slashing the drug FERENCE men and women who are risking their benefit that veterans have deservedly A HISTORIC EVENT FEATURING ALL THREE LIV- lives today, tonight, and tomorrow in gotten in this country. ING FORMER SPEAKERS AND THE CURRENT Iraq and Afghanistan, the many who The President and Republicans have SPEAKER have lost and continue to lose their also cut education benefits. The Speaker of the House is second in line good health and even their lives, our b 1945 only to the Vice President to succeed to the message should reflect our admiration Why are they cutting education bene- presidency. Few lawmakers can be said to for their commitment. It does not. possess the visibility and authority of the fits to veterans? Why are they cutting Speaker. In July, House Republican leader- prescription drug benefits to veterans? The role of the Speaker has been shaped ship, through a procedural maneuver, The answer is simple. It is to make largely by history rather than by constitu- struck down an attempt to restore $1.8 room for the Republican tax cut. The tional definition. The Speakership has been billion, just to restore $1.8 billion in tax cut, everyone knows that by now, influenced by the individuals who have held veterans health care funding when they the tax cut, that if you are a million- the post and the circumstances in which forced the House to vote on a bill with aire you get $93,000 tax savings. Half of they have operated; formal obligations that inadequate funding for veterans’ have been assigned to the office by House the people in my district in Ohio, rules and by statute; the character of the health. Democrats and veterans’ northeast Ohio, in Akron and Lorain, House as a political and constitutional insti- groups opposed the bill and demanded Northridge, half of them get zero. Half tution; and the traditions and customs that that the Republican leadership restore the people in my State get zero while have evolved over time. funding to the Veterans Administra- the ‘‘leave no millionaire behind’’ tax We invite you to attend a one-day con- tion. Now, it appears the VA–HUD ap- cut from the President goes forward, ference examining the changing nature of propriations bill will come out of con- making it not just unfair in terms of the speakership—a historic event featuring ference $500 million short of the VA the taxes that the wealthy get benefits the current Speaker and all three living funding level that we demanded and former Speakers and commemorating the from in a tax cut, and the middle class centenary of one of the most noteworthy the Republicans promised in their and working families do not, but also Speakers in the history of the House: Joseph budget resolution. that is why he has cut veterans bene- G. Cannon, Republican from Illinois, who What kind of Veteran’s Day message fits, that is why the President has cut served as Speaker from 1903 to 1911. is that sending? education benefits. This conference will explore the evolving In light of the inadequacy of the ma- This was all topped off, Mr. Speaker, nature of the speakership and discuss the jority’s VA spending bill, Democrats by the actions early this fall where al- key forces and factors which influences the fought for consideration of other solu- ability to lead a large and complex institu- most 200 Members of Congress on the tions like the House of Representatives. tions that would make up for those Republican side voted for a $3,500, in 8:30 am Registration shortfalls that Republicans offered. fact, pay increase for themselves and 9:00 am Welcome and Introduction—Daniel Over 200 Democrats signed a discharge voted against a $1,500 pay increase for P. Mulhollan, Director, Congressional petition offered by the gentleman from our troops overseas. That is the height Research Service Georgia (Mr. MARSHALL) that would of hypocrisy. We do tax cuts for mil- 9:15 am The O’Neill Speakership, 1977–1987— force the House to consider legislation lionaires, we do pay increases for our- John A. Farrell, author, ‘‘Tip O’Neill and to eliminate the discriminatory dis- selves, then we turn around, my friends the Democratic Century’’ Comments by abled veterans tax. Responding, finally, Hon. Mickey Edwards and Hon. Dan Ros- on the other side of the aisle, and do tenkowski to this pressure, Republican leaders of- not vote for a pay increase for our 10:45 am Hon. James C. Wright, Jr., Speak- fered a proposal that would only reach young men and women in uniform. er, 1987–1989—Comments by Hon. David 50 percent of those veterans unfairly Our young men and women were sent E. Bonior and Hon. Tom Loeffler affected by this tax. Because this pro- to Iraq on the promise that when they

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.176 H06PT1 H10536 CONGRESSIONAL RECORD — HOUSE November 6, 2003 returned to this country, this country unconstitutional to require a higher Mr. DEFAZIO. Mr. Speaker, Novem- would care for them. Unless the Repub- standard. ber 11, Veterans’ Day, more than 130,000 lican majority considers proposals that ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE of our troops are in Iraq and at risk, fully meet the needs of veterans, as my The SPEAKER pro tempore. The thousands more in Afghanistan and colleagues and I have tried to do, they Chair will remind all Members to avoid elsewhere and around the world; and are breaking that covenant. improper references to Senate pro- here at home we have 25.3 million vet- erans, 376,000 in my State. f ceedings, including confirmation of ju- What are we doing in celebration of The SPEAKER pro tempore (Mr. dicial proceedings. Mr. KING of Iowa. Mr. Speaker, I Veterans’ Day? Well, unfortunately, PEARCE). Under a previous order of the the Congress has done little. In fact, I House, the gentleman from Indiana firmly believe that it is unconstitu- tional to require a higher standard for would say this is the most antiveteran (Mr. BURTON) is recognized for 5 min- Congress under the most antiveteran utes. nominees than the simple majority specified in our Constitution. Janice administration in recent history. (Mr. BURTON of Indiana addressed Mr. Speaker, 150,000 veterans have the House. His remarks will appear Rogers Brown, Carolyn Kuhl, Charles Pickering, William Pryor, and Priscilla waited 6 months or longer for basic hereafter in the Extensions of Re- health care appointments; 14,000 vet- marks.) Owen, who are all waiting to be con- firmed, deserve an up-or-down vote. erans have been waiting 15 months or f Mr. Speaker, I would like to bring at- longer for their expedited disability tention to the House of a few of these claims; 560,000 disabled veterans are CONFIRMATION OF JUDICIAL subject to the disabled veterans tax. NOMINEES well-qualified nominees. Janice Rogers Brown. Yes, that is right. They are taxed be- The SPEAKER pro tempore. Under a cause they are disabled veterans. It is a ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE previous order of the House, the gen- special tax levied on them. The SPEAKER pro tempore. If the tleman from Iowa (Mr. KING) is recog- The President refused to spend $275 gentleman will suspend. The Chair will nized for 5 minutes. million in emergency money, but they again remind Members of the House to Mr. KING of Iowa. Mr. Speaker, I have figured out a way to cut down the avoid improper references to Senate point out to the body and the Amer- waiting list for health care. We can proceedings, including using Senate ac- ican people that the President had thank President Bush for that. His ad- tion on particular nominees. made an excellent nomination in the ministration actually cut off 164,000 The gentleman may continue. veterans from eligibility for health name of Miguel Estrada. And for 28 Mr. KING of Iowa. Mr. Speaker, I will care this year, those who do not have months Mr. Estrada was held in limbo adhere to that directive. I will say service-connected disabilities but make while we waited for the Constitution to these are reliable people. And in the as little as $25,000 a year. He did find a be upheld in the other body. And that case of Janice Rogers Brown, she is a would be the advise and consent clause way to reduce the waiting list by elimi- classic American success story. She is nating the eligibility of yet another of the Constitution that establishes a daughter of an Alabama sharecropper that the Senate shall confirm the group of veterans. Not the first time who became a member of the California this administration has done that, not President’s nominees. Supreme Court. She was reelected to Now that 28 months and 5 days have the last. the Supreme Court by 76 percent, They proposed to double the drug co- passed, Mr. Estrada determined he which was the largest margin of any needed to move on with his life. But payment for veterans from $7 to $15. justice running that year. More impor- That was the President’s and the Re- the rules in the other body that estab- tantly, she is a well-qualified and ex- lish a 60 percent vote to end a fili- publican majority’s proposal in this cellent judge. She applies the law with- House. Luckily, it has not gone for- buster, have effectively established out bias and with an even hand. that standard as a requirement for a ward. William Pryor, another nominee, has Finally, the House majority Repub- confirmation of a justice. a model judicial temperament. As at- licans in their budget resolution cut And now today, and as I read some of torney general, Pryor has dem- $14 billion over the next 10 years from the publications that are out, I am onstrated an ability to make decisions veterans programs. heartened to learn that through the in full compliance with the letter of ex- Now, to focus particularly on the dis- newspapers that the other body is plan- isting law, despite his own personal be- abled veterans tax, it is odd in a Con- ning to debate judicial nominations liefs or preference. Even while Pryor gress that can borrow money, which is starting on Wednesday evening of this personally opposed abortion, he has what we are doing because we are run- week. They pledge to debate the issue faithfully applied the Supreme Court’s ning deficits, that can borrow money all night to get their message to the rulings on partial birth abortion and to give each millionaire an average tax American people. I applaud them in instructed Alabama officials not to en- cut of $93,000, that can borrow money their endeavor, and I will do all I can force the State’s partial birth abortion to relieve the horrible burden from to support their efforts. ban in a way that would violate the people who invest for a living, do not The blockage of judicial nominations case law. It is clear that William Pryor work for wages, but invest for a living, by a determined minority is one of the would interpret the law, not make the of paying taxes on the dividends on most important issues before our Na- law from the bench. their dividend-paying stocks. Not too tion. Nothing less than our Constitu- Mr. Speaker, I hope the American many of these vets that are disquali- tion is at stake. I believe the Constitu- people will support this endeavor. fied have dividend-paying stocks. In tion is clear: a minority cannot impose I hope the American people will listen next fact, most Americans do not have divi- a supermajority requirement for con- week when the qualifications of nominees dend-paying stocks. But that investor firmation of a judicial nominee. The such as William Pryor, Janice Rogers Brown class, they are going to get exempted President is entitled to confirmation of and others are debated by the other body. At from paying that horrible burden. The his nominees if they garner a simple issue is one of the most important Constitu- millionaires, $93,000. We are going to majority. tional questions of our time. Will the Constitu- borrow the money to give them that The advise and consent clause, which tion be upheld? Or will a determined minority benefit. But somehow we cannot repeal is article II, section 2 of the United be allowed to thwart the clear text of the a tax on disabled veterans which says States Constitution requires a simple Constitituion and the will of the American peo- that they will be offset dollar for dollar majority of 51 votes for confirmation of ple? their veterans disability benefit which a judicial nominee. Many nominees f they earned against their military re- have 51 such votes. And that standard tirement pay. These are people who is the standard that has existed since TAXING THE DISABLED VETERAN gave a career, a lifetime in service for the ratification of our Constitution in The SPEAKER pro tempore. Under a their country, and somehow we cannot 1789, well over 200 years. But there is a previous order of the House, the gen- do that. new standard now, brought about by tleman from Oregon (Mr. DEFAZIO) is Now, there is a bill pending that the minority. I firmly believe that it is recognized for 5 minutes. would actually repeal the entire tax.

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.178 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10537 We tried to do this last year. The the veterans with quality care, then we President rewards our veterans by ask- President threatened to veto the bill. need to recognize and address this ing that their prescription drug costs He said we cannot simply afford to funding problem. be increased from $7 to $15 a prescrip- take care of those veterans. We can af- There are two things that we can do. tion. It gets worse. In that same budget ford as much or more per year to ex- We can appropriate the money that is request coming from the President, he empt people who earn dividends on needed, or we can refuse to put the asked that there be a new annual en- stock. We can afford as much or more needed funds into the system and in- rollment fee imposed upon Category 7 per year to give millionaires an aver- stead throw the burden on the backs of and 8 veterans of $250 a year. I just age of $93,000 each in tax relief, but the veterans themselves. think this is outrageous. The veterans somehow we cannot afford that for our Sadly, the second option is what this of this country are coming to under- disabled veterans. administration has chosen to do over stand who their friends are. And how In fact, for the lifetime of these vet- the last 21⁄2 years. I would like to de- can this administration claim to be a erans, it would cost $40 billion. Now, scribe a pattern of behavior that is friend of the veteran and at the same that is still a lot of money here. That coming from this administration. In time put these increasingly onerous fi- is almost half as much money as the February of 2002, this administration, nancial burdens upon them. Congress borrowed just the other day through the VA, increased the veterans Well, I want to talk about one other to send to Iraq. That is a lot of money. prescription drug copayment from $2 to issue this evening with the time I have But somehow the President says we $7 a prescription. Now, for veterans left. A few months ago, I received a let- cannot afford $40 billion to deliver on who are living on fixed incomes, many ter from a soldier in Iraq who was con- our promises to these veterans for who take 8 or 10 or more prescriptions cerned that his troops had not been their lifetime for their disabilities. in a month, this is a tremendous finan- provided basic, modern bulletproof There are, in fact, in the House 373 cial burden. That was in February of vests, but instead were issued Vietnam- cosponsors of the bill. Then what is the 2002. era flak jackets. The flak jackets are problem? That is almost the entire In July of 2002, this administration, designed to protect against slower House of Representatives on the bill. through its VA, issued a gag order. The moving shrapnel and are incapable of Well, the Republican leadership is the VA deputy secretary issued a memo stopping high-velocity projectiles such problem. They will not let the bill that instructed all VA network direc- as bullets from assault weapons, and come up. And, of course, the President tors to halt outreach activities aimed we sent our soldiers into battle in Iraq is a problem because he is threatening at encouraging new veterans to come without this most basic protection. to veto the bill because we cannot af- in for services. Instead, providing the Shame on us. ford to take care of these disabled vet- resources necessary, the VA says to f erans. their doctors, their social workers, Now, there is a way to bring a bill to their nurses, you can no longer ac- PERMISSION TO HAVE UNTIL 6 the floor when the Republican leaders tively inform veterans of what they are A.M. FRIDAY, NOVEMBER 7, 2003 refuse to bring a bill to do away with entitled to receive. They even went so TO FILE CONFERENCE REPORT the disability tax on veterans. It is ON H.R. 1588, NATIONAL DEFENSE called a discharge petition. Need 218 far as to tell these doctors they could not participate in a community health AUTHORIZATION ACT FOR FIS- people to sign it. Force the bill to the CAL YEAR 2004 floor of the House over the objections fair. That was in July of 2002. of the Republican leadership. 203 people Well, in January of 2003, the VA de- Mr. BEREUTER. Mr. Speaker, I ask have signed it. Only two of those are cided they were going to create a new unanimous consent that the managers Republicans. There are 158 Republicans category of veterans. They called them on the part of the House may have who put their name on this bill, go Priority 8 veterans. These are veterans until 6 a.m. Friday, November 7, 2003, home and tell their disabled veterans who served honorably. Many of them to file a conference report on the bill, they want to help them, but they will are combat-decorated veterans. (H.R. 1588) to authorize appropriations not sign the discharge petition. They b 2000 for fiscal year 2004 for military activi- ties of the Department of Defense, for will not force the bill to the floor of And the VA is saying to this group, military construction, and for defense the House. you are out of here. Do not come to us. Now, that would be a wonderful gift activities of the Department of Energy, You can no longer enroll in the VA for our veterans for Veterans’ Day if to prescribe personnel strengths for health care system because you make just another 15 Republicans who are co- such fiscal year for the Armed Forces, too much money. sponsors of the bill, claiming credit for and for other purposes. Well, the American people need to it, have the guts to come down here The SPEAKER pro tempore (Mr. know that those of us who serve in this and sign the petition, which is right be- PEARCE). Is there objection to the re- Chamber make about $155,000 a year hind me, to recognize our veterans quest of the gentleman from Nebraska? and a combat-decorated veteran can properly for their service to our Na- There was no objection. make as little as $24,000 a year, and the tion. Now that would be a real Vet- VA is saying to you, you can no longer f erans’ Day celebration. participate in VA health care. Think The SPEAKER pro tempore. Under a f about that. We make $155,000, a veteran previous order of the House, the gen- THE CRISIS OF THE VA HEALTH who served honorably, perhaps even in tleman from Minnesota (Mr. GUT- CARE SYSTEM combat, can make as little as $24,000 a KNECHT) is recognized for 5 minutes. The SPEAKER pro tempore. Under a year and this administration says they (Mr. GUTKNECHT addressed the previous order of the House, the gen- are high income, so you cannot partici- House. His remarks will appear here- tleman from Ohio (Mr. STRICKLAND) is pate. I think that is shameful, quite after in the Extensions of Remarks.) recognized for 5 minutes. frankly. Shameful. f Mr. STRICKLAND. Mr. Speaker, I Well, that was in January of 2003. CARING FOR OUR VETERANS would like to talk about the trend that You see the pattern? Episode after epi- we are seeing from this administration sode of the VA doing things that are The SPEAKER pro tempore. Under a when it comes to protecting our troops harmful to the veteran. previous order of the House, the gen- and caring for our veterans. As more Well, then in January 2003, the Presi- tleman from North Carolina (Mr. MIL- and more Americans are coming to un- dent sent his budget request to us. And LER) is recognized for 5 minutes. derstand, the VA health care system is in the President’s budget request, he Mr. MILLER of North Carolina. Mr. in a crisis. Veterans are waiting suggested that we not charge a veteran Speaker, others have spoken tonight months for appointments, and some are $7 for each prescription but that that on specific issues before Congress that being turned away when they go to en- be increased to $15 a prescription. affect our Nation’s veterans. I rise to roll in the system. Now, think about that. At a time say how proud I am of the men and The bottom line here is funding, ob- when we are preparing to send our women now serving in our Nation’s viously. If we want the VA to provide young men and women into battle, the Armed Forces in Iraq.

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.180 H06PT1 H10538 CONGRESSIONAL RECORD — HOUSE November 6, 2003 Mr. Speaker, as you know, I spent 3 PERSONAL EXPLANATION Mr. RYAN of Ohio. Mr. Speaker, days last week in Iraq as part of a Con- The SPEAKER pro tempore. Under a today I would like to join several of my gressional delegation. I ate lunch and previous order of the House, the gen- colleagues who have already spoken to- supper with our soldiers in Bagdad on tleman from Michigan (Mr. MCCOTTER) night, including the gentleman from Friday. Sunday morning I attended a is recognized for 5 minutes. the great State of Ohio (Mr. STRICK- worship service with our soldiers in Mr. MCCOTTER. Mr. Speaker, I rise LAND), and join him in talking about Kirkuk. That day, I had lunch with our for the purpose of entering into the the plight of veterans in our country. soldiers in Kirkuk and supper with our RECORD how I would have voted on As Veterans Day is coming up next soldiers in Tikrit. issues before the House that I was un- week, I thought it would be an oppor- They slept on cots. They used port-a- able to vote on on Wednesday, October tune time to talk for a few minutes johns, but their spirits were high and 29 and on Thursday, October 30. about what is going on in this country their dedication undimmed. On rollcall No. 579, I was the sponsor with our veterans. Our delegation stopped briefly in of the resolution and would have voted We have Veterans Day, but really Germany on the way home. We visited yes. On rollcall No. 578, I was a cospon- every day should be Veterans Day, but soldiers at a military hospital in sor of the bill and would have voted we designate a specific day as we do Landstuhl. Our military escorts told us yes. Christmas and birthdays to remind us what to expect. Regardless of the pain On Thursday, October 30, on rollcall as we go throughout the year that we they were in, regardless of how their No. 580, I would have voted no. On roll- have to continue the fight for our vet- lives would be changed by their inju- call No. 581, I would have vote yes. On erans. Unfortunately, the servicemen ries, the patients we had talked to were rollcall No. 584, I would have voted no. and women and veterans today are soldiers, and when they spoke with us, On rollcall No. 585, I would have voted fighting on two fronts. They are fight- they would soldier up. no. On rollcall No. 586, I would have ing on the front in the Middle East I spoke with men who had grievous voted yes. On roll 588, I would have and, unfortunately, they are fighting injuries. I heard not one word of com- voted no. on the front back at home. plaint. I visited several of the soldiers On rollcall 589, I would have voted Back at home the veterans are not who were on the Chinook helicopter no. On rollcall No. 590, I would have having too much success, and I would that was shot down Sunday near voted no. And on rollcall No. 594, I like to use one example of concurrent Falujah. The medical personnel told us would have voted no. receipt. And for those people watching that it would help to encourage them On substantive votes, on rollcall No. tonight who do not know what concur- to talk about what had happened. I will 582, I would have voted yes. On rollcall rent receipt is, it is basically a disabled spare you the details of the injuries 583, I would have voted yes. On rollcall veterans tax. If a disabled veteran gets they suffered and that they saw their 587, I would have voted yes. On rollcall a retirement from the military, not the buddies suffer. No. 591, I would have voted no. On roll disability benefits but a retirement pay The gentleman from Hawaii (Mr. 592, I would have voted yes. check, the Federal Government will de- duct from your disability benefits and CASE) and I asked them what message On rollcall No. 593, I have would have they would have us deliver, what they voted yes. On rollcall No. 595, I would you will only receive your military re- wanted us to tell the folks back home. have voted yes. On rollcall No. 596, I tirement. Some vets are losing 18, 20, They said to tell folks back home to would have voted yes. On rollcall No. $25,000. You steal the benefits from support our soldiers when they got 597, I would have voted yes. On rollcall their retirement, and you supposedly home. And one told me to tell the sol- No. 598, I would have voted no. On roll- substitute that from what they should diers in his unit that he loved them. call No. 599, I would have voted no. On be receiving for their disability. So these are people who got hurt, who Another young man was wounded roll No. 601, I would have voted yes. On have earned in many ways the benefits when his convoy was ambushed. They roll No. 600, I would have voted no. The purpose for my inability to vote that they are getting, but now they are were ambushed with rocket-propelled on these issues is, as the gentleman not receiving them. grenades and small arms fire. A gre- from North Carolina (Mr. MILLER) So someone came up with a plan. And nade landed near him and caused a pointed out, there was a Congressional what they are going to do is they are traumatic amputation of his arm. A delegation that went to Iraq to visit going to phase out this disabled vet- buddy applied a tourniquet and two of with our troops and to inspect recon- erans tax over the next 10 years. So his buddies commandeered an Iraqi struction and also to stop and visit our someone who fought in World War II, truck and evacuated him from the fire troops in the hospital at Landstuhl. in the 1940s and may be 80, 81 years old fight. While this business in front of our today, this plan says that you will not In the truck he said two prayers. The House was extremely important, I be- get your full disability for 10 years. So first is that he would live to be a fa- lieve that nothing was more important we are asking veterans who are 81 ther, that he would help his children for showing our support for the troops years old, actually, we are telling with their homework, that he would and inspecting the conditions under them, that they will not be able to re- take them to ball games, that he would which they must exist and survive. ceive their benefits until they are 91 watch them grow up. The second pray- In fact, I would just like to say that years old. Talk about an outrage. Talk er was that the eight soldiers who re- no matter how important this business about an outrage. mained behind would survive. And they was, nothing to me last week was more The American Legion National Com- all did. The young man had lost his important that visiting with the troops mander said, It is a matter of priorities arm, but he was grateful that the Lord at Landstuhl and to hear one of our in Washington, D.C. Four hundred thir- had answered his prayers. fallen soldiers who had been in the Chi- ty five thousand military retirees alto- My visit to our soldiers in Iraq and in nook say that he had gone through the gether, 135,000 disabled retirees will not the hospital in Landstuhl reminded me most traumatic experience of his life qualify for full relief until 2014. Good of the duty our men and women in uni- and would not wish it upon his worst luck. form feel in defending our Nation and enemy. For in that moment he proved In Ohio, my home State, full concur- of the sacrifices they are making in an- to me and all the world not only the rent receipt would benefit if they did it swering that call. bravery and courage of the American right. If we paid the bill, if we paid The benefits our Nation provides, our men and women in uniform, but their these disabled veterans what we owe Nation’s veterans are well-earned. compassion as well. them, it would benefit 9,617 disabled They are the least we can do for those f vets. who defended our freedom at the risk Under the Republican plan, only 2,249 of their lives. MAKE VETERANS A PRIORITY will be receiving the benefits, which Mr. Speaker, as a Member of Con- The SPEAKER pro tempore. Under a leaves 7,368 disabled vets in the great gress, I will do all that I can to honor previous order of the House, the gen- State of Ohio left out in the cold. our Nation’s debt to those men and tleman from Ohio (Mr. RYAN) is recog- Now, as the American Legion Com- women. nized for 5 minutes. mander said, Washington, D.C. is about

VerDate jul 14 2003 05:03 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.184 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10539 priorities. There is a lot of money down time when too many corporate leaders tat for threatened and endangered here to do different things, and it is are failing in their obligations to their wildlife, as well as public recreation. about priorities. So I think it is all to- customers, employees, investors and Land and stream management prac- gether appropriate to talk about what community, it is a rare privilege to be tices are being developed on this land the priorities of this administration able to honor a man who demonstrates as part of the Canaan Valley Insti- and the priorities of this Congress are. on a daily basis what integrity and tute’s land and water stewardship edu- Corporate tax rates are the lowest leadership truly mean. cation program. Jay was instrumental they have been since the 1930s. If you Mr. Pifer, who began his tenure with in the expansion of the Canaan Valley are a corporation today in America, Allegheny as an apprentice engineering National Wildlife Refuge, the Nation’s you are getting just about everything technician, was named interim presi- 500th national wildlife refuge. you want. We have enough money down dent and CEO before being named chief On February 14, 2002, he once again here for a tax cut for the top 1 percent. operating officer in June. Like many in demonstrated his commitment to con- The top 400 families in this country get the energy production and distribution servation by engineering the sale of an average tax return of $8,500,000. business today, Allegheny has suffered 12,000 acres to the refuge. I was honored We have passed free trade agreements significant erosion in its financial to work with Jay on these land trans- that have eroded our manufacturing health which has resulted in a vir- fers which will benefit generations to base. We have a farm bill that has more tually completely turnover in the com- come. pork in it than a Christmas ham. We pany’s management. During this time Mr. Speaker, it would be impossible threaten vetoes of Buy American provi- of turbulence and upheaval, Jay served to catalog here tonight all of Jay’s ac- sions, Buy American provisions in the to hold the company together, facili- complishments and contributions, yet Defense appropriations bill. This ad- tating the transition from the old man- these few examples illustrate what an ministration has threatened to veto agement team to the new. Further, he outstanding gentleman Jay Pifer is. Mr. Speaker, I ask my colleagues to the bill if it has Buy American provi- agreed to stay on to help the new team join me in honoring Jay S. Pifer. sions in it. We have enough money to while it got its bearings. During this rebuild Iraq’s schools and hospitals and period, Allegheny faced ice, snow and f universal health care; and then what thunderstorms capped recently by Hur- REIMPORTATION IS THE RIGHT takes the cake is they have enough ricane Isabel, and Jay and his crews PRESCRIPTION time and energy to remove the anti- performed spectacularly with speed and The SPEAKER pro tempore. Under a profiteering provision of the Iraq sup- grace. previous order of the House, the gen- Financial troubles notwithstanding, plemental. It is time for people in this tleman from Nebraska (Mr. BEREUTER) country to be outraged. If we cannot Jay Pifer and Allegheny led the indus- is recognized for 5 minutes. take care of our veterans, who can we try in customer satisfaction, named re- Mr. BEREUTER. Mr. Speaker, this take care of? cently as second best on the East week’s issue of Congressional Quar- Coast. His dedication to his employees, f terly Weekly reports that on the sub- customers, and community served by ject of drug reimportation, FDA Com- b 2015 Allegheny is legendary, and we hate to missioner Mark McClellan said the fol- The SPEAKER pro tempore (Mr. see him leave. However, his dedication lowing in an October 20 speech to the PEARCE). Under a previous order of the to his family and his faith is even National Press Club, ‘‘These Members House, the gentleman from Pennsyl- greater, and we understand his desire are out of touch with the realities of vania (Mr. MURPHY) is recognized for 5 to spend his time with those who have keeping our drug supply safe, and the minutes. supported him during these 40 years. clear and present dangers to America’s (Mr. MURPHY addressed the House. Jay has held many leadership posi- supply of drugs that their bills would His remarks will appear hereafter in tions with the company, including create.’’ the Extensions of Remarks.) president of Allegheny Power energy Evidently, it is Mr. McClellan who is delivery subsidiary, which supplies out of touch with reality. Millions of f power throughout the State of West Americans are finding prescription The SPEAKER pro tempore. Under a Virginia, as well as Maryland, Pennsyl- drug reimportation from Canada and previous order of the House, the gentle- vania, Virginia and Ohio. During that other countries to be a viable and nec- woman from the District of Columbia time, J.D. Power and Associates recog- essary alternative to high-priced drugs (Ms. NORTON) is recognized for 5 min- nized Allegheny Power as the second in the United States. The number of utes. best company in customer satisfaction those Americans is growing every day. (Ms. NORTON addressed the House. in the East, and 10th best in the Nation It would be wrong for Members of Con- Her remarks will appear hereafter in with improvement in each of the last 10 gress to ignore this reality and to ig- the Extensions of Remarks.) years. nore the excessive cost of prescription f In addition to his service with Alle- drugs in America. gheny, Jay has been involved in many ORDER OF BUSINESS If Mr. McClellan thinks Americans civic and community activities, only a are content to allow price gouging on Mr. MOLLOHAN. Mr. Speaker, I ask few of which include serving on the prescriptions to continue, he is mis- unanimous consent to take my Special boards of the United Way, the Business taken. American consumers are under- Order time at this time. Round Tables of West Virginia and standably fed up. The SPEAKER pro tempore. Is there Pennsylvania, and the West Virginia Large pharmaceutical manufacturers objection to the request of the gen- Education Alliance. His commitment have long been gouging American con- tleman from West Virginia? to young people includes a long asso- sumers by charging substantially There was no objection. ciation with the Boy Scouts of Amer- more, in some cases up to 90 percent f ica, and he currently serves on the ad- more, for prescription drugs sold in the visory board of the northeast region of United States than in Canada and HONORING JAY S. PIFER the Boy Scouts. He is also an ordained other industrialized countries. Ameri- The SPEAKER pro tempore. Under a lay Pastor in the United Methodist cans refuse to be exploited by the phar- previous order of the House, the gen- Church. maceutical industry any longer. The tleman from West Virginia (Mr. MOL- In what was described in the Wash- exploitation of American consumers LOHAN) is recognized for 5 minutes. ington Post as perhaps an unprece- must end. The excuse that most of the Mr. MOLLOHAN. Mr. Speaker, I rise dented effort to showcase a new ap- world’s pharmaceutical research and today to recognize and honor Jay S. proach to conservation, Jay oversaw development takes place in America Pifer, a businessman and friend, as he the sale of a large tract of Allegheny does not justify the continued degree of plans his retirement after more than 40 Power land to the Canaan Valley Insti- cost shifting onto the backs of Amer- years with Allegheny Energy Company, tute which included one of the largest ican consumers. Profit levels of Amer- an integrated energy company with a wetlands east of the Mississippi River, ican, foreign, and multi-national phar- balanced portfolio of businesses. At a which will now be preserved as a habi- maceutical firms are huge, as is the

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.186 H06PT1 H10540 CONGRESSIONAL RECORD — HOUSE November 6, 2003 level of their advertising budgets and from Canada, and knows this issue Gov. Tim Pawlenty and New York City their level of inducements offered to well. He recently said, ‘‘It is awfully Mayor Michael R. Bloomberg, both Repub- prescribing physicians. hard to stop an idea whose time has licans—are pressuring the conferees to pass This Member firmly believes that come.’’ He is absolutely right in that the Canada measure even if a larger Medi- care drug benefit dies. As Pawlenty recently many of the safety issues which oppo- assessment. Americans will find a way framed the issue: ‘‘There’s a rebellion brew- nents have brought to the forefront in to buy FDA-approved drugs from ing across America. It is the prescription this debate are really red herrings. The abroad, either legally or illegally. The drug equivalent of the Boston Tea Party.’’ real issue is the prices Americans pay FDA needs to face the fact and get on f for the medicines they need. with the method of discharging its re- The SPEAKER pro tempore. Under a According to a recent Washington sponsibilities given those realities. previous order of the House, the gen- Post-ABC News poll, there is strong Mr. Speaker, there is a serious call tleman from Texas (Mr. EDWARDS) is support for opening drug markets, de- for action from the American people. recognized for 5 minutes. spite warnings by FDA that it cannot We must open the drug markets so (Mr. EDWARDS addressed the House. guarantee the safety of these life-sav- Americans can obtain the prescription His remarks will appear hereafter in ing medicines. Even with the possi- drugs they need when they need them the Extensions of Remarks.) bility of a drug safety issue being men- most and at affordable prices. tioned in the question, more than two- Mr. Speaker, I include for the f thirds, or 69 percent of respondents, RECORD an article published in the Los WHAT IS THE PLAN IN IRAQ? said it should be legal for Americans to Angeles Times today entitled, ‘‘Open The SPEAKER pro tempore. Under a buy prescription drugs from Canada or Door to Drug Imports.’’ previous order of the House, the gen- other industrialized countries. In fact, [From the Los Angeles Times, Nov. 6, 2003] 12 percent of those surveyed said that tleman from Washington (Mr. OPEN DOOR TO DRUG IMPORTS they or a family member had pur- MCDERMOTT) is recognized for 5 min- In the 2002 election cycle, the U.S. drug in- utes. chased prescription drugs from Canada dustry gave political candidates nearly $30 or other country in order to obtain a Mr. MCDERMOTT. Mr. Speaker, million. For the 2004 cycle it has already today the President signed the bill tak- better price. spent more than $3 million, two-thirds of it The reimportation debate is not a on GOP members of Congress. The industry ing $87 billion to deal with Iraq. battle of right versus left, it is a battle is getting a good return on its money. Bush I will include for the RECORD an arti- of right versus wrong. It is simply administration officials and sympathetic cle from the Everett Herald entitled, wrong to require Americans to pay the legislators are still trying to add a $400-bil- ‘‘Parents Who Protested War Mourn world’s highest prices for prescription lion drug benefit to Medicare that prohibits, Death of Soldier Son.’’ This man from drugs, so they thereby can subsidize not just omits, cost controls. House and Sen- my district leaves behind a wife who is ate conferees have proposed forbidding the consumers everywhere else on earth to pregnant to deliver in 1 month and two federal government to negotiate better small girls. generate the research, advertising and prices, as such countries as Canada and agen- profit revenues for pharmaceutical cies as the Department of Veterans Affairs As we held the memorial service companies. do. today for the 15 troops that were killed As a Member of Congress serving in The glimmer of good news is that at least on Sunday in Iraq when one of our Chi- the people’s House, this Member has a one consumer-friendly reform may survive. nook helicopters went down, I could responsibility to do what is right for The conferees, pressured by state and local not help thinking about the memorial Nebraskans and all Americans. This leaders, last week began considering an service that will be held for the person amendment to let consumers buy drugs di- Member supports prescription drug re- who died last night and the one who rectly and more cheaply from Canada. died this morning, and there will be importation because Americans de- The Bush administration and most legisla- serve access to quality drugs at world tors on the conference committee, including more and more. The memorial service market prices and reimportation seems some Democrats, say it is dangerous to le- for Benjamin Colgan from my district to be the only solution immediately galize drug purchases from Canada. They is down the road yet. available to reduce the gross over- echo Food and Drug Administration head This morning I spoke about the charge of American consumers for pre- Mark B. McClellan’s line that the agency President’s need to present a plan for scription drugs. can’t guarantee the safety of drugs that stopping the bloodshed. As far as we A typically cynical comment was aren’t manufactured, stored and distributed know, there is no plan. Our experience under FDA guidelines. McClellan says he shows us there was no or little plan- made by an unnamed health care lob- fears tampering by shippers as well. Canada, byist found in the November 1, 2003, however, has one of the world’s most strin- ning about what would happen after Congressional Quarterly Weekly re- gent pharmaceutical quality oversight sys- the military action stopped. They have garding the Medicare bill and the like- tems. As for adulteration in shipping, that never stopped because there was no lihood that the final bill will include can happen in any mail-order operation. plan. Now, apparently we are going to importation provisions that will never Californians are right to ask why importa- sit in Iraq while the President con- be implemented. The unnamed source tion from Mexico, which also has lower tinues to say ‘‘bring ’em on’’ until the is quoted as saying, ‘‘You tell them prices than the U.S., was excluded. Legisla- war on terror is won, until Iraq has free tors argue that Mexico’s prescription drug enterprise, until Iraq has good roads, that this will only kick in after FDA oversight is too lax, but it’s also because has appropriated $100 million for border strong proponents of drug importation— until Iraq loves Americans. Well, it is safety, or FDA has a counterfeit, tam- Reps. Bernard Sanders (I-VT.), Gil Gut- not going to happen. per-resistant device packaging system knecht (R-Minn.) and Jo Ann Emerson (R- The war on terror is much like the in place.’’ The lobbyist concluded, Mo.)—are in states closer to Canada. war on drugs or the war on poverty, we ‘‘Whatever the trigger is, just say it A temporary solution, which the Canada have to keep at it, but we are not going will never be met.’’ measure would be, is better than no solution. to defeat the enemy and get a sur- Mr. Speaker, there have been rumors Plenty of individuals and even municipali- render sign on the battleship Missouri. ties are already importing from Canada, If the President says we are going to that the Medicare conference report mostly over the Internet. Legalizing the will come out of committee with a drug practice would allow for better safety regu- keep troops in Iraq until the war on reimportation provision which will lations. terror is over, then the President is contain language under which the FDA On Tuesday, two top negotiators on the planning to keep troops in Iraq forever. can say they cannot responsibly or le- conference committee, Rep. Bill Thomas (R- Maybe the Iraqis are ingrates or fool- gally implement, as they did on two Bakersfield) and Sen. Edward M. Kennedy ish, or maybe they are reacting like previous congressional efforts to pro- (D-Mass.), said the Medicare drug benefit was people have reacted since time imme- vide for prescription drug reimporta- ‘‘on life support,’’ imperiled by partisan dis- morial to occupations. Many have la- agreements. That’s good news, because the mented the way the President squan- tion. This is unacceptable. bill would create a gigantic, cost-ineffective Governor Rod Blagojevich, our benefits shaped behind closed conference dered the good will of the nations of former colleague in the House, is ask- doors. the world after September 11. Now, the ing the FDA to allow Illinois to explore Regional leaders whose budgets are being President is squandering the goodwill a plan to import approved medications busted by drug prices—including Minnesota of the Iraqi people, most of whom were

VerDate jul 14 2003 05:03 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.191 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10541 happy to have Saddam Hussein re- A U.S. flag hung outside the family’s home The SPEAKER pro tempore. Under a moved. Monday. Funeral arrangements were pend- previous order of the House, the gentle- I did not, and I still do not, believe ing. woman from Ohio (Ms. KAPTUR) is rec- that removing a foreign dictator is suf- Word came with a knock on the door at the Colgans’ home. ognized for 5 minutes. ficient reason for the United States to ‘‘I saw the cross on his lapel pin and I said, (Ms. KAPTUR addressed the House. invade another country. If it were, we ‘No, not my son! Not my son!’’ his mother Her remarks will appear hereafter in would be invading dozens of countries. said. the Extensions of Remarks.) ‘‘There will be many people experiencing But the fact is that removal of Saddam f the same thing,’’ she added. ‘‘This war, it Hussein was a gain for the Iraqi people The SPEAKER pro tempore. Under a and the United States for a short time shouldn’t be.’’ Benjamin Colgan was assigned to the 2nd previous order of the House, the gentle- had their gratitude. Now, that we have Battalion, 3rd Field Artillery Regiment, 1st woman from Texas (Ms. EDDIE BERNICE moved from being liberators to occu- Armored Division. JOHNSON) is recognized for 5 minutes. piers, that gratitude is fast drying up. His parents were concerned when he gave a (Ms. EDDIE BERNICE JOHNSON of Our troops are not safe. Our leaders dim appraisal of Baghdad in an e-mail Fri- Texas addressed the House. Her re- have gone to such lengths to identify day. marks will appear hereafter in the Ex- ‘‘What raised a red flag was when he said, nongovernmental groups like the Red tensions of Remarks.) Cross and Doctors Without Borders ‘It’s getting real old and getting real crazy,’’’ his father said. f that they are not safe either, and they As a young child, he had joined his parents The SPEAKER pro tempore. Under a are leaving. The status quo is not sus- on marches to protest nuclear weapons at previous order of the House, the gentle- tainable. We need to plan what will re- Naval Submarine Base Bangor. Then, to pay woman from Texas (Ms. JACKSON-LEE) place the status quo. for college, he enlisted in the Army after is recognized for 5 minutes. What I fear is that in the absence of graduation from Mount Rainier High School (Ms. JACKSON-LEE of Texas ad- a plan, we will stumble down the path in Des Moines in 1991. dressed the House. Her remarks will with a paper Constitution in December ‘‘That was hard, but you support your chil- dren,’’ his mother said. appear hereafter in the Extensions of and an improvised election which will She and her husband joined protest Remarks.) signal our withdrawal, and will leave marches again against the war in Iraq this f Iraq in chaos because we did not bring year. the United Nations in to set things up. They tied a yellow ribbon around the COMMEMORATING VETERANS’ DAY maple in their front yard, a tree they had 2003 b 2030 planted when Benjamin Colgan was born. On Mr. Speaker, we need a plan. We need Monday, they replaced it with a black rib- The SPEAKER pro tempore. Under to know what the benchmarks are, bon. the Speaker’s announced policy of Jan- what the goals are, what the test is Benjamin Colgan initially planned to be- uary 7, 2003, the gentleman from Mary- come a medic, but joined the Special Forces land (Mr. CUMMINGS) is recognized for about when we will leave. I think that and then Delta Force, the military’s most the President’s case for war was shod- 60 minutes as the designee of the mi- elite and secretive unit. nority leader. dy. I think the planning for the post- He left to attend officer candidate school, war period was shoddy or perhaps non- was assigned to the 1st Armored Division in GENERAL LEAVE existent. With body bags arriving in Germany after graduation, and hoped to re- Mr. CUMMINGS. Mr. Speaker, I ask Dover virtually every day, we cannot turn to Delta Force after earning his cap- unanimous consent that all Members afford a shoddy, years-long occupation. tain’s bars, his father said. may have 5 legislative days to revise His mother says his death has only and extend their remarks on the sub- Americans are targeted in Iraq in a strengthened her position against the war. way that United Nations blue helmets ject of my Special Order tonight. ‘‘People keep asking, ‘Are the Iraqis better The SPEAKER pro tempore. Is there would not be, in a way that a force off?’’’ she said. ‘‘What we have to start ask- from countries in the region would not ing is, ‘Are we better off?’ And we’re not. objection to the request of the gen- be, in a way that we cannot sustain. We’re losing our children.’’ tleman from Maryland? We have to plan to get out, sooner There was no objection. f Mr. CUMMINGS. Mr. Speaker, to- rather than later. It is the only chance The SPEAKER pro tempore. Under a night I rise with fellow Members of the for Iraq to have a fresh start, and it is previous order of the House, the gen- Congressional Black Caucus and other the only chance for a lot of young tleman from Illinois (Mr. DAVIS) is rec- Members of Congress to salute this Na- Americans to come back alive. To fail ognized for 5 minutes. tion’s veterans in commemoration of to do this, to lay out the plan, what we (Mr. DAVIS of Illinois addressed the Veterans’ Day next Tuesday. Mr. are going to do and how we are going House. His remarks will appear here- Speaker, it is a very special day for so to get out so that the whole world can after in the Extensions of Remarks.) many of our men and women who have see, is the only hope of getting the f Iraqis to stop killing our people. The given their blood, their sweat, and The SPEAKER pro tempore. Under a their tears to defend the lives that we failure to do that, the stonewalling by previous order of the House, the gen- our President and taking the money we live in this country. Many of them tleman from California (Mr. FILNER) is have given their lives standing up for gave him, $87 billion more to keep on recognized for 5 minutes. doing what he is doing, we are in for a what America is all about. (Mr. FILNER addressed the House. And so it gives me great honor to long siege. His remarks will appear hereafter in yield 20 minutes to my distinguished [Published on HeraldNet.com, Nov. 5, 2003] the Extensions of Remarks.) colleague from the great State of Mis- PARENTS WHO PROTESTED WAR MOURN DEATH f souri and the ranking member of the OF SOLDIER SON The SPEAKER pro tempore. Under a House Armed Services Committee, MAN WAS BECOMING SKEPTICAL OF U.S. previous order of the House, the gen- Congressman IKE SKELTON, for his re- SITUATION IN IRAQ tleman from California (Mr. GEORGE marks. KENT.—As a boy, Benjamin Colgan MILLER) is recognized for 5 minutes. Mr. SKELTON. Mr. Speaker, let me marched with his parents in peace protests. (Mr. GEORGE MILLER of California first thank my friend and colleague Joseph and Pat Colgan, 62 and 60, respec- addressed the House. His remarks will tively, whose activism dates from the Viet- from Maryland for the honor of ad- nam War, were surprised when their son en- appear hereafter in the Extensions of dressing the House at this moment. I listed in the Army. But they continued to Remarks.) much appreciate it. support him, even as they opposed the war in f Mr. Speaker, recent press reports Iraq. The SPEAKER pro tempore. Under a have indicated that the administration On Monday, their worst fears came true. previous order of the House, the gen- is planning to begin the withdrawal of Colgan, 30, a second lieutenant, the father of American forces from Iraq in the two young daughters with a third child due tleman from North Dakota (Mr. POM- next month, died Saturday when a roadside EROY) is recognized for 5 minutes. spring of 2004. Based on recent visits to bomb exploded as he responded to a rocket- (Mr. POMEROY addressed the House. my congressional district in Missouri, I propelled grenade attack in Baghdad, the De- His remarks will appear hereafter in believe such a move would be very po- fense Department said. the Extensions of Remarks.) litically popular. Overwhelmingly, the

VerDate jul 14 2003 05:03 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.193 H06PT1 H10542 CONGRESSIONAL RECORD — HOUSE November 6, 2003 people want our troops brought home seriously the possibility that this regime we still be able to maintain military spend- as rapidly as possible. I, too, want to might be rejected by the Iraqi people, lead- ing on transformational technologies and on bring them home. ing to civil unrest and even anarchy. The ef- sound quality of life for our forces if we are However, if we have learned anything fort must be to craft a stable regime that bearing a huge wartime cost alone? What will be the impact on the domestic economy from recent history in Baghdad, it is will be geopolitically preferable to Saddam and will incorporate the disparate interests of these resource drains and of the long-term that poor planning for the occupation of all groups within Iraq—Shi’a, Sunni, and costs of reconstructing Iraq? These questions has contributed to the dangerous and Kurd. We must also plan now for what to do must be answered before any military action confused situation in which we find with members of the Baath party that con- commences so that the American people un- ourselves. I was concerned about plan- tinue to support Saddam and with the sci- derstand the risks and the sacrifices in- ning for the occupation last year. In entists and engineers who have expertise volved. born of the Iraqi WMD program. I ask these questions only to highlight the fact, Mr. Speaker, I wrote to the Presi- complexity of the undertaking and the need dent on two occasions, first on Sep- All these efforts require careful planning and long-term commitment of manpower and for Congress, the American people, and our tember 4, 2002, and second, on the eve resources. The American people must be friends around the world to understand ex- of the war, on March 18, 2003. My let- clear about the amount of money and the actly what is at stake and why we must act ters detailed the potential problems number of soldiers that will have to be de- now. Only such a comprehensive strategic our forces might encounter during the voted to this effort for many years to come. approach will ensure that we commit U.S. postconflict occupation of Iraq, and I troops consciously and with full knowledge HOW TO ENSURE THE ACTION IN IRAQ DOES NOT of the range of challenges we face—both in submit copies of those letters for the UNDERMINE INTERNATIONAL SUPPORT FOR the initial campaign and in the long after- RECORD. THE BROADER WAR ON TERRORISM math to follow. Even a strategy that has COMMITTEE ON ARMED SERVICES, In planning for military operations in Iraq, military action as its centerpiece will re- HOUSE OF REPRESENTATIVES, we cannot ignore the lack of international quire great diplomatic efforts to ensure its Washington, DC, September 4, 2002. support to date. Pre-emptive action against success. I look forward to hearing the admin- The PRESIDENT, Iraq is currently vocally opposed by many of istration’s answers and to working with you The White House, our allies and friends throughout the world to find the best course of action. Washington, DC. and particularly in the Middle East. Sincerely, DEAR MR. PRESIDENT: Thank you for invit- When we are seen as acting against the IKE SKELTON, ing me to the briefing this morning. I share concerns of large numbers of our friends, it Ranking Democrat. your concern about the continuing threat calls into question the ‘‘humble’’ approach posed by Saddam Hussein and his efforts to to international relations you espoused dur- COMMITTEE ON ARMED SERVICES, produce weapons of mass destruction (WMD). ing the presidential campaign. More than HOUSE OF REPRESENTATIVES, I would like to offer my assistance as the ad- that, it has several potentially damaging Washington, DC, March 18, 2003. ministration considers how to deal with this long-term consequences. First, it risks losing The PRESIDENT, threat. the large number of partners needed to pros- The White House, Before Congress can authorize any mili- ecute the global war on terrorism. To ferret Washington, DC. tary action that might be part of the admin- terrorist groups out of their many hiding DEAR MR. PRESIDENT: This is a critical istration’s plan, we must have answers to places, we must have broad allied support. week for our nation and for the world. As more questions than were about to be raised Second, it risks seriously damaging U.S. you prepare to make the most difficult deci- at today’s meeting. Our constitutional duty moral legitimacy, potentially providing sion of sending our troops into combat, the requires us to ensure that all implications of states like India and Pakistan with a pre- thoughts and prayers of all Americans are such action are considered in advance. The emptive option that could drive long-stand- with you. My colleagues here in Congress case has not yet been fully made as to what ing conflicts beyond containable bounds. have many different views on the wisdom of the threat is, why military force is an appro- Finally and perhaps most dangerously, ac- action in Iraq and the severity of its con- priate way of addressing the threat, and why tions without broad Arab support may in- sequences. But we are united in our support action must occur now. In short, Congress flame the sources of terrorism, causing un- for all the men and women who serve this and the American people must be clear on rest and anger throughout the Muslim world. nation. There is no doubt that our forces will be your strategic vision before we can authorize This dynamic will be worse if Iraq attacks victorious in any conflict, but there is great a specific course of action. I believe, like Israel—perhaps with weapons of mass de- potential for a ragged ending to a war as we Clausewitz, that in strategy there is an ‘‘im- struction—and draws them into the conflict. deal with the aftermath. I appreciate the ef- perative . . . not to take the first step with- Iran, which has the potential to seize a re- formist path, may well move away from the forts that members of your administration out considering the last.’’ have made to keep me informed about plans Your strategy for dealing with Iraq must United States in the face of attacks that for the administration and reconstruction of address the fundamental questions of the could next be taken against them. Together, these dynamics will make achieving peace in Iraq following military conflict. Your team threat, the method of acting, and the timing. has thought about many of the things that the Middle East more difficult and may well Furthermore, any strategy to eliminate will need to be done. provide the rationale for more terrorist at- Iraqi WMD must also address several compo- Secretary Rumsfeld frequently talks about nent issues, each of which raises critical tacks against Americans. the list he keeps of things that could go These concerns do not make military ac- questions. wrong in an Iraq war. I have kept my own tion in Iraq untenable. They do, however, HOW TO MANAGE IRAQ’S TRANSITION TO A list—of things that could go wrong after the highlight the depth and importance of the STABLE POST-SADDAM REGIME war is over. The list below is indicative of issues to be addressed before we strike. We As I mentioned to you this morning, this is this broader list. My hope is that this will be need to ensure that in taking out Saddam, a critical question for administration strat- helpful to members of your administration we don’t win the battle and lose the war. egy to answer in advance of any military ac- as you continue to plan for all possibilities. tion. I have no doubt that our military would HOW TO ENSURE THAT THE UNITED STATES These are not complete scenarios but rather decisively defeat Iraq’s forces and remove CAN EXECUTE THIS OPERATION SUCCESS- a series of possible problems that could occur Saddam. But like the proverbial dog chasing FULLY AS WELL AS ITS OTHER MILITARY in some combination. MISSIONS the car down the road, we must consider INTERNAL DIVISIONS AND EXTERNAL what we would do after we caught it. As you are well aware, Mr. President, the INFLUENCES IN IRAQ As Sun-Tzu said in the classic strategic consideration of military action against Iraq Without access to Iraq through Turkey, treatise, The Art of War, ‘‘To win victory is comes at a time when U.S. forces are ac- U.S. troops are not present in northern Iraq easy; to preserve its fruits, difficult,’’ Mili- tively engaged throughout the world in a in large numbers. Turkey enters northern tary planners and political leaders alike range of missions. Given the operational Iraq to establish a buffer zone and fighting knew this in World War II. Planning for the pressures these forces currently face, we breaks out between the Turks and Kurds. A occupation of Germany and Japan—two eco- must ask what the risks and trade-offs will significant U.S. military force is needed to nomically viable, technologically sophisti- be of defeating Iraq, particularly if Iraqi separate the groups, complicating the gov- cated nations—took place well in advance of forces mass in Baghdad for urban operations. ernmental transition and international sup- the end of the war. The extreme difficulty of How many casualties must the American port. occupying Iraq with its history of autocratic people be prepared to take in a worst-case An uprising in Kirkuk leaves the Kurds in rule, its balkanized ethnic tensions, and its scenario? What will the impact of sustained control of areas of the city and surrounding isolated economic system argues both for operations be on so-called high-demand, low- area. This triggers a large Turkish invasion careful consideration of the benefits and density assets? What military operations to protect the Turkmen minority and to pre- risks of undertaking military action and for might we have to forego because of contin- vent Kurdish control of oil resources. Again detailed advanced occupation planning if ued demands in Iraq? Will we still be pre- this would require U.S. military resources such military action is approved. pared for the range of other threats that with all the attending effects. Specifically, your strategy must consider might emerge throughout the world? With In the event that Turkey crosses into Iraq, the form of a replacement regime and take little allied support and contributions, will Iran may do the same, ostensibly to stem the

VerDate jul 14 2003 05:03 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.202 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10543 refugee flows from southern Iraq and to pro- the administration makes the European goal; but if we pull out early before tect Shi’a interests. Union and others less likely to give. This sit- Iraq is well launched toward democ- Shi’a populations in the south rebel and uation delays reconstruction and puts more racy, we will have sown the seeds of undertake attacks against Sunnis. U.S. of the cost on the United States and a small- chaos and defeat far worse than we can troops must step in to protect the Sunnis er number of partners. and restore peace. These tensions resurface U.S. reconstruction efforts that give U.S. imagine. No one can predict the con- during attempts to build a federal and rep- corporations a great role at the expense of sequences of that chaos, except those resentative government. multilateral organizations and other partici- consequences will not be good. Urban fighting in the south brings Shi’a pation—as was detailed in yesterday’s Wall We have not seen the President’s into conflict with Sunnis. The resulting dev- Street Journal—spur resentment and again plans that will enable the military to astation causes a refugee crisis as Shi’a limit the willingness of others to participate. begin to withdraw its forces. All we make for the Iranian border. The results of AMERICAN COMMITMENT have seen are leaks about the Penta- Saddam’s policy of forced Arabization of Stabilization and reconstruction prove areas like Kirkuk yield dangerous con- gon’s plans to begin the withdrawal. more difficult than expected. U.S. troop re- We have, however, seen a series of sequences. Groups like the Kurds flow back quirements approach 200,000—the figure Gen- into these areas seeking to reclaim their eral Shinseki has mentioned—for a sustained statements by Ambassador Bremer former homes and land, sparking conflict period. This puts pressure on troop rotations, with respect to the seven steps nec- with Iraqi Arabs. reservists, their families, and employers and essary for the return of ‘‘sovereignty’’ Attempts to fashion a federal government requires a dramatic increase in end-strength. to the Iraqi people. Those are good in Baghdad prove difficult. Iran is able to es- Required funding reaches the figure sug- steps, but in my opinion they do not go tablish proxies for its influence among the gested by a recent Council on Foreign Rela- nearly far enough. First, they are di- Shi’a representatives. Once in Iraq, infight- tions assessment—$20 billion annually for ing breaks out among members of the former rected only to the handoff of full gov- several years. During a period of economic ernmental responsibility to the Iraqi Iraqi opposition in exile. The United States difficulty, the American public calls for is unable to transition the administration of greater burdensharing. people. Second, they do not address the Iraq effectively and has to remain in place, It is my hope that none of these conditions to make a successful hand- with significant military backing. eventualities comes to pass. But as you and off necessary. And third, they do not The war involves lengthy urban combat, all military leaders know, good planning re- address a much wider range of deeper, particularly in Baghdad. Most infrastructure quires considering the range of possibilities. long-term problems. is destroyed resulting in massive humani- It also requires advance preparation of the tarian problems. The emphasis on humani- Here are the six steps that I believe American people. You have regularly out- the President should adopt as nec- tarian aid distracts from efforts to establish lined the reasons for why the United States a new government. Once established the gov- must disarm Iraq. I urge you to do the same essary measures to be achieved before ernment faces massive political pressure in explaining why we must stay with Iraq for our forces are withdrawn: from the sustained humanitarian crisis. the long haul, even with the economic and One, there must be a secure environ- WEAPONS OF MASS DESTRUCTION military burdens this will entail. ment. Basic public services must be re- Saddam uses biological and chemical weap- As always, I am willing to help in any way established. For example, there must ons against advancing U.S. troops, but also I can to make this case to my colleagues and be adequate Iraqi police and courts to inflicts substantial civilian casualties. Ef- the American people. Sincerely, deal with public safety concerns and forts to stabilize cities and to establish a criminal acts. Another key element is government are complicated by the need to IKE SKELTON, deal with the large number of dead and to de- Ranking Democrat. that there should be no appreciable contaminate affected areas. Mr. Speaker, I regret that my advice presence of al Qaeda in Iraq. Saddam Saddam uses biological and chemical weap- went unheeded. I believe that the poor Hussein, remember him?, must be cap- ons directly against civilian populations or planning for the occupation of Iraq ap- tured or we must know he is dead. If he against another Arab country and seeks to proaches dereliction of duty. The is captured, we must be confident that affix blame for civilian suffering to the the Iraqis have an adequate judicial United States. Over the period of occupation, looting and political chaos that re- sulted in the wake of the war was not system to deal with him and that he is this resentment complicates U.S. efforts to no longer a threat to us or to the Iraqi maintain support for reconstruction efforts. adequately anticipated. The terrible U.S. troops are unable to quickly find all shape of the utilities and of the Iraqi people. of Saddam’s capabilities, requiring a long, oil industry was misjudged. Our allies The Iraqi army must be reconsti- labor-intensive search and anxiety as to were not brought along adequately. Be- tuted, at least insofar as necessary to when the task is complete. cause of the rolling start of the war, provide for basic security needs and to Regional leaders, for money or to gain in- not enough forces were on the ground. secure Iraq’s borders. Iraq must make fluence, retain caches of WMD and transfer All in all, a painful lesson was learned, certain that neither terrorists nor some to terrorist groups. weapons of mass destruction come Saddam attacks Israel with missiles con- a lesson that many young military offi- taining weapons of mass destruction. Israel cers learn early in their careers: proper across its borders. retaliates. Arab countries, notably Saudi planning prevents poor performance. All weapons of mass destruction Arabia and Jordan, come under intense polit- It is imperative that any plans to must be accounted for and the basic ical pressure to withdraw their support from withdraw our forces from Baghdad be production facilities for weapons of the U.S. war effort. U.S. forces are forced to properly planned. We must have a clear mass destruction must be destroyed. In reposition operational centers into Iraq and strategic goal, and specific steps must addition, the vast arsenal of conven- Kuwait, complicating reconstruction and tional munitions, mortar and artillery transition efforts. be identified that we must follow in order to achieve that goal. Moreover, rounds, small arms, rockets and mis- OIL RESOURCES those steps must be objective and must siles must be accounted for and either Saddam sabotages a significant number of be measurable. An early exit means re- destroyed or secured. wells before his defeat. Current estimates in- dicate he may already have wired up to 1,500 treat or defeat. Two, basic services. Much progress of these wells. The damage takes years to For the administration to pull our has been made in getting the lights and contain at great economic and environ- forces out early for the wrong reasons, electricity back on, but much more re- mental cost and removes a major source of let us say for the sake of the upcoming mains to be done. Water, roads, sewers, reconstruction funding. Presidential elections, before we have bridges, indeed, the whole transpor- Internal groups, such as the Kurds, seize achieved our objectives is irresponsible tation network, needs to be repaired or oil-rich land before American troops reach in the extreme. It risks creating a po- well on its way to being repaired. The the area, causing internal clashes over these litical vacuum with its resulting chaos. education system must be modernized, resources. Militant Shi’as seize other wells in the South. And into that vacuum, I assure you the universities reinvigorated. This forces of terrorism and radical Islam does not need to be accomplished prior INTERNATIONAL SUPPORT will step. Our objective in going into to our withdrawal, but we and the Iraqi The United States takes immediate con- Iraq was not only to eliminate weapons people must be confident that progress trol of Iraq’s administration and of recon- struction. The United Nations can’t agree on of mass destruction and to combat ter- is being made because in the absence of how involved to get given the divisions rorism but also to plant the seeds for progress, there can be no confidence among the Security Council about the need democracy and real change in the re- that democracy will take root and will for conflict. The lack of UN involvement in gion. Mr. Speaker, that is a worthy succeed.

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\A06NO7.084 H06PT1 H10544 CONGRESSIONAL RECORD — HOUSE November 6, 2003 Three, the establishment of a new port its government, and grow its econ- often performed are those that are per- constitution. I agree with the proce- omy. They must be committed to sup- formed by those who are unknown, un- dures laid out by Ambassador Bremer. porting democratic institutions as they seen, unappreciated, and unapplauded.’’ We must move as rapidly as possible to emerge. And we want to make sure that our sponsor the drafting of a constitution Mr. Speaker, if the President does veterans do not fall into any of those that reflects the genuine aspirations of not adopt a strategy of incorporating categories. the Iraqi people. In that regard, I note these six points, I believe a premature And it was the gentleman from Illi- that Ambassador Bremer did not call withdrawal of American forces would nois (Mr. EVANS), my good friend, the for the Bill of Rights for the Iraqi peo- lead to a disaster. I want all the forces ranking Democrat on our House Com- ple. He did not call for essential inter- to come home as rapidly as possible, mittee on Veterans’ Affairs, who nationally recognized human rights to but I also want the mission to succeed. penned these words, and they are just be adopted as part of the constitution. Americans are fond of saying, ‘‘These so brilliant, I just wanted to repeat the Mr. Speaker, I believe nothing is more colors don’t run.’’ Well, Mr. Speaker, I gentleman from Illinois’ (Mr. EVANS) important than the adoption of these do not want to run before we have done words. He said, ‘‘50 million have held basic human rights, including respect our job. The sacrifices of all of our the venerable title of veteran. More for the individual, due process in brave men and women who have died or than 1 million have died while wearing courts, full political and economic have been wounded must not be in the uniform. It is this generation’s re- rights for women, and freedom of the vain. The losses and sacrifices made by sponsibility, and that of every subse- press. the Iraqi people must not be in vain. quent generation, to make sure the Four, the basic elements of a govern- The stakes are just too great. We must numbers have faces, lives that connect ment must be in place. The Iraqi Gov- accomplish our mission, and the Presi- to them. We are losing 1,500 veterans a erning Council is a start, but the mem- dent must lay out a strategy to achieve day. Each death represents a life, an- bers of that body have been selected by those objectives before he begins the other rich, colorful, dynamic, dra- us. We need to move rapidly to put in withdrawal of American forces. To do matic, brutal, or heartening story. The place a government that is respected otherwise is to sacrifice national secu- gentleman from Illinois (Mr. EVANS) by the people. I worry greatly that if rity for political survival. goes on to say: ‘‘The only way this and we do not rapidly begin to give the Mr. CUMMINGS. Mr. Speaker, I want future generations can hold dear to Iraqis greater authority over their day- to take a moment to thank the gen- what our veterans have done, can un- to-day affairs, hard-liner Islamic fun- tleman from Missouri for his service derstand the sacrifice, is to record and damentalists like Sadr with private and the position that he holds. We in share their stories and to continue the militias of their own will try to take the Congress, of course, look up to him traditions of honoring their service power. These militia are willing to use as our ranking member of the House such as those observed on November 11. violence to pursue their political objec- Armed Services Committee for his ad- We must not lose their deeds to time or tives to establish an Islamic state. We vice on our veterans and on military neglect. The greatest gift in return for cannot let chaos reign and these Is- matters, and I appreciate his service. what these extraordinary individuals lamic fundamentalists take power. Mr. Speaker, given that our country have given us is to make certain their In that regard, it is imperative that is currently engaged in a war in both lives and experiences are perpetuated, the new government be one that re- Iraq and Afghanistan, the members of to recount their sacrifices to every spects democratic institutions. For ex- the Congressional Black Caucus feel generation.’’ Finally, he goes on to say: ample, the army, police and security compelled to pay homage to our sol- ‘‘War may begin over real estate, min- services must be ones that are account- diers at home and abroad. eral rights, religion, or boundaries, but able to their democratic leaders. Any ultimately it is about people and lives. b 2045 former members of the Baath Party It is about one man or woman seeking who take positions of responsibility Our brave men and women continue to make certain that the next one can must be properly vetted and be individ- to risk their lives in order that others live freely and have a say in his or her uals in whom we and the Iraqis have may enjoy freedom. In fact, we have own destiny. It is about sacrifices to confidence that they will respect demo- come to the House floor on numerous ensure our Nation and world in which cratic institutions. occasions to express our appreciation the rights of the individual are ac- Five, the economy. It is also impera- for the dedication, courage, and sac- knowledged, respected, and cherished.’’ tive that major steps be made toward rifice of our Armed Forces. Tonight Mr. Speaker, I yield to the wonderful getting the economy going again. We Mr. Speaker, the Congressional Black gentlewoman from the great State of did not adequately anticipate the ter- Caucus again stands before this House California (Ms. LEE), the daughter of a rible shape of the Iraqi oil industry, to honor those currently serving in the veteran. and oil revenues have been a dis- over 100 nations around the globe Ms. LEE. Mr. Speaker, first let me appointment. Progress is being made, where the United States military has thank the gentleman from Maryland, but more needs to be made before we operations, and we especially pause to our chairman, for once again orga- can be confident that the Iraqis can remember those who laid the founda- nizing this very important special take over. Other areas of the economy tion for our freedom. order tonight recognizing the service of are also in shambles, and much work Mr. Speaker, the United States mili- Americans veterans. Once again, let me must be done. Entrepreneurs in Iraq, in tary is among the most diverse institu- just commend the gentleman from this country, and among Iraq’s neigh- tions in our country; and it is this di- Maryland (Mr. CUMMINGS) for his lead- bors and our allies must be given the versity in gender, ethnicity, skill, and ership and for ensuring that our coun- opportunity to move in as rapidly as talent that contributes most to our try understands and recognizes that possible and get the economy going military’s awesome strength. Through- the Congressional Black Caucus stands again. An essential element of that, of out history, heroic citizens of our great tall here in this Congress on each and course, is a secure environment and a Nation have transcended individual every issue with which our country is functioning judicial system that is re- prejudice and intolerance to unite in faced. garded as sufficiently open and fair as the pursuit of liberty and in their val- Yes, I am a very proud daughter of a to encourage and support foreign in- iant protection of our borders. veteran, and I represent a State which vestment. However, many of these same indi- boasts the highest veteran population, Six, international support. We must viduals have too often been unrecog- ensuring that veterans receive their ensure that there is wide support in the nized and forgotten once the final shot benefits of course, and recognition for United Nations, among our allies, and has been fired and the last drop of their contributions is, therefore, a with Iraq’s neighbors for the rebuilding blood has been shed. So as my favorite major priority for me. We owe every measures we have taken. They must be theologian Charles Swindoll, who has veteran around this country an enor- willing to commit forces where nec- penned these words that are imbedded mous debt of gratitude. And we here in essary and resources when available to in the DNA of every cell of my brain, Congress really do have the oppor- help rebuild Iraq’s infrastructure, sup- Swindoll says ‘‘The greatest deeds tunity and the obligation to honor that

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.203 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10545 debt by providing veterans with the course, jobs returning to America after When a person serves, when they vol- benefits that they were guaranteed, in- fighting for America. I remember this unteer and they go in or they are draft- cluding adequate benefits for veterans, very well. They are truly heroes. They ed or whatever the case may have been, surviving spouses and families, burial are real patriots. they go in to serve their country. But rights, health care, disabled tax cred- The creation of the Bureau of Colored I also think our country, and I think its, and home loan assistance. This Troops during the Civil War, the fa- this is what the gentlewoman was talk- issue, as my colleagues know, is not a mous Buffalo Soldiers of the Indian ing about too, has a duty to take care partisan issue but a fundamental issue Campaigns, the 92nd Division and the of them when they get back, because of fairness. 761st Tank Battalion and African after all, I mean it is very nice for us In July, during consideration of the American women, who served in the to stand here and say all those wonder- fiscal year 2004 VA–HUD appropriations Women’s Army Corps and the Waves ful things about our soldiers with the bill, my colleagues on both sides of the during World War II, and the 24th Regi- ongoing conflict we have certainly in aisle were really, quite frankly, embar- ment of the Korean War are only a few Iraq, but the fact is there is that duty, rassed by the Republicans’ leadership examples of the famous and forgotten and just as we lift them up and applaud attempt to shortchange to the tune of African Americans who defended this them as they go off to war and just as $1.4 billion those who sacrificed the Nation. we pray for them and we hold them in most for our Nation. So yesterday this In many ways our military has be- high esteem when they go off to fight body unanimously voted to increase a come the most integrated institution our battles and defend our freedom, host of veterans’ benefits. But it has in this country. Despite its advance- when they come back, they should yet to deal with the most pressing vet- ments, however, in the treatment of come back to a situation that makes erans’ issues like concurrent receipt blacks and minorities in the military, them whole. Just this evening, as a legislation which would extend full re- there remains issues that really do matter of fact, on one of the national tirement and health care benefits and need to be addressed, legacies of biased news shows, there was a just a very drafting procedures, advancement, hon- end the practice of unjustly sub- painful story of a young man who just ors, distribution of benefits, and really tracting disability payments from vet- came back from Iraq, and I know he is back to it, the treatment upon coming erans’ pensions, creating, in effect, a not a veteran yet, but when he got back home after returning from active special disabled veterans’ tax. So that back, his bills had amounted up to so is why we have filed a discharge peti- duty. We must honor the legacy of all vet- much between him and his family. He tion to bring H.R. 2569, the Salute to erans as members of the Congressional was a National Guardsman, and they Veterans and the Armed Forces Act of Black Caucus tonight are doing. We had some kind of a furniture repair 2003, to the floor. And tonight I call choose to highlight the service of Afri- business or something of that nature, upon my Republican colleagues to join can American and other minority vet- but in the course of his being gone for us in eliminating this unfair and very erans. We respect their service and the period he was gone, his income outrageous tax on our Nation’s vet- their role really as leaders. And I from the business went down 80 per- erans. would like to just thank all of those cent, and now he finds himself in a po- Mr. Speaker, on November 11 we will who have contributed to American his- sition where his wife and he have de- remember our veterans, as we should tory for their service and for their sac- cided for whatever reasons to go their really do each and every day. Injustice rifice. This Congress must step up to separate ways. in housing must end. It is shameful the plate and put our money where our that veterans are twice as likely to be- b 2100 mouth is in a very real way, and that come homeless as nonveterans, and fe- But the thing that really touched me is to support our veterans. was he had apparently an opportunity male veterans are about four times as In a note from the Veterans for Peace to now get out of the military, but he likely to become homeless as their organization, I was reminded that Vet- said he wanted to stay. He said that he counterparts. It is also shameful that erans Day was once called Armistice was an Honor Guard, one of the men despite the fact that 76 percent of these Day, the anniversary of the end of who go to the funerals and fold up the veterans are on the street in large part World War I, of course, the ‘‘War to end flag and deliver it to the family. He due to alcohol, drug, or mental health all Wars.’’ Tragically, that war has problems, or a combination, quite been followed by many others. Let us said that he wanted to stay because he frankly, of all three, that we here in honor our veterans by working each felt that that was so important. When I heard that, I said to myself, Congress fail to provide the necessary and every day for freedom, for peace, resources to help them get back on and for justice. we really ought to make sure that we their feet. Once again, I want to thank the do right by our veterans. It is not Looking back on the plight of so chairman of the Congressional Black enough for us to come and applaud many of our Nation’s homeless vet- Caucus for his unbelievable leadership, them. It is not enough for us to come erans, I cannot help but think and re- focus, and for his commitment to and thank them. We have really got to member that so many are the victims honor in a real way our veterans. support them. of the 1980’s and ‘‘Reaganomics’’ and Mr. CUMMINGS. Mr. Speaker, I want Ms. LEE. The gentleman from Mary- today’s struggling economy, and I am to thank the gentlewoman for her com- land (Mr. CUMMINGS) is absolutely cor- outraged that we are allowing their ments, and I just want to talk to her rect. I agonize every time I walk down numbers to grow. for just a moment. the streets in my community and see Finally, when we talk about the vet- She said something that really veterans who are homeless, and then erans and the failures of this country touched me, and I think that many find that hospitals are closing and that to fulfill its promises to them, we must people who have moved throughout our they cannot get their medication and also discuss and recognize the racial neighborhoods know this, but there are they do not have anyplace to sleep. disparities and discriminations that af- so many veterans who are homeless, I think it is a shame and disgrace fect every aspect of American society and it is so painful. When I go to our that we have allowed that to happen to including, yes, veterans. People of drug treatment centers, it is not un- our veterans, because here they are, color have served this country in num- usual for me to just sit down and talk proudly serving our country. We should bers far out of proportion to their per- to the people there and just find out a roll out the red carpet upon their re- centages within population. little bit about their history. And I no- turn, and we should have every pro- How is this the case? The harsh truth tice that it is interesting that when gram, every provision for them return- is that economic forces oftentimes people who are a little bit older, I ing to either civilian life or life here in compel minorities to assume the risks would say maybe one out of every six the military. That should be made of service, yet historically they have or seven that I talk to is a veteran, and easy, that transition. not received its rewards in equal meas- a lot of them are, of course, com- Instead, what do we have? We have ure. The truth is African American vet- plaining about various things, but the cuts in their funding, we have lack of erans were denied employment oppor- fact is a lot of them link a lot of their medical care for them, and we have tunities, education, housing, and, of problems to their service. many of our veterans coming back

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.206 H06PT1 H10546 CONGRESSIONAL RECORD — HOUSE November 6, 2003 from different parts of the world with Even today, our veterans, all of our The reason I understand why you unknown diseases, and we cannot get veterans, are not treated, as the gen- raised these issues is we want to make them in for treatment or diagnosis or tlewoman from California (Ms. LEE) sure on the one hand that we honor our for any kind of medical care. It is has said, with dignity and the honor veterans, but we realize that honoring mind-boggling to me. that they deserve. How else can we ex- our veterans is giving the total story, I will tell the gentleman, I think we plain the things that the gentlewoman or, as somebody used to say in one of need to really look at what we mean from California (Ms. LEE) just talked the movies, ‘‘giving the rest of the pic- when we say we support our troops, be- about, cutting the veterans budget in ture.’’ cause, in supporting our troops, for me, this year’s budget resolution? How else Ms. LEE. The gentleman is right. that means, yes, protecting them and can we explain proposing to close vet- History must be recorded accurately. I keeping them from harm’s way, but erans hospitals around the country think only by telling the truth, by put- also upon their return making sure when they are in dire need of care? We ting forth the true history of any group that their families and their lives are must change this course and honor our of people, but especially our veterans, not only made whole, but that they re- veterans in word and in deed. whom we are discussing tonight, that ceive the type of incentives and the So, Mr. Speaker, I stand on the floor has got to be a priority for our young type of real action, affirmative action, of the House tonight feeling a sense of people, because how will they know that we should provide for them, be- pride; pride for the ultimate sacrifice what to do in the future? How will they cause they have done such a job for that our men and women have made know how to live? What kind of values this country. throughout our history, so that I and will they embrace, if they do not know Mr. CUMMINGS. When the gentle- my colleagues might stand on this of the struggles and of the challenges woman talks about disabilities, I want floor tonight. and of the fights that many people in her to go back a moment and talk I want to just yield back to the gen- this country have waged? about concurrent receipt. It seems to tlewoman from California (Ms. LEE) So history must be recorded, and it be just an unfair situation, when you with regard to some issues that she must be recorded accurately. are injured and you go leave the mili- wants to discuss. Mr. CUMMINGS. As we conclude, I tary on a disability and then your dis- Ms. LEE. Just very briefly. As the think when one looks at the stories gentleman was talking, I am reminded ability payments are then deducted that the gentlewoman told about when of my childhood now. I can remember from the funds that you are supposed she was a little girl and would see what very vividly men in uniform, black to be getting. Can the gentlewoman ex- the veterans would return to, and the men in uniform, being denied entrance plain that to us? water fountain that said ‘‘Whites Ms. LEE. That, in essence, is taxing to a restaurant or to a movie theater, Only,’’ the fact is that so many of or being forced to go to a water foun- disabled veterans for disabilities that these soldiers, think about the Buffalo tain that said ‘‘Colored Only,’’ in uni- they unfortunately acquired while Soldiers and many others. Although form. I can remember this. they knew that this country was not serving this country. I have so many unfortunate memo- Mr. CUMMINGS. Basically what is ries of proud African American men in necessarily treating them fairly, they happening is they are taking away their uniforms being turned away, still stood up. As a matter of fact, money. being discriminated against for one many of them were beating down the Ms. LEE. They are taking away reason, and that is because they were doors trying to stand up for this coun- money from them after they have been black. I think that they are true he- try. hurt. That is mean. That is mean, and roes, they are true patriots; and I hope Not only do we pause here tonight to I think it immoral. Somehow, the en- that history will record their service to thank the living veterans, but we tire country needs to wake up to that this great country. But also I think we thank those and their spirits who may and say how unjust this is and correct need to make sure that history is accu- have gone on who were fighting for a this. That is why H.R. 2569 has got to rate in its writing and in its history country that they knew was not nec- come to the floor. and not cloud over the fact that men in essarily treating them right, but they Mr. CUMMINGS. I agree. I get letters uniform did not have equal access to were always fighting for their future. all the time from our veterans on that basic kinds of services, such as a water They were fighting for generations yet issue of concurrent receipt. As a mat- fountain. unborn. ter of fact, I just got something today Mr. CUMMINGS. It is very inter- Let me say that when one thinks where a gentleman from Oklahoma was esting, in my district we just had an about somebody putting their life on just very upset. He said, ‘‘I wish you all opportunity for some African American the line and knowing that they would would address that, because it is just students to talk to the superintendent return to a situation in this country so unfair to me.’’ He is extremely of schools. This is one of the best where they were not treated fairly, but angry. school systems in the country, Howard puts their life on the line today so Ms. LEE. He should be. What we are County, outside of Baltimore. The Afri- that, not only their offspring, but even doing is making veterans pay for their can American students were talking to the offspring of those that might not disabilities, which are no fault of their the school board, talking about the dif- have treated them right could have own. It should be just the reverse. We ference in the disparity between their freedom and could have opportunity should pay them a stipend, an addi- achievement and those of white chil- and could have convenience, that is a tional benefit, for what they have done. dren. powerful statement. It really is. Mr. CUMMINGS. I want to thank the One of the things that they said that So we come here not only to honor gentlewoman for her support. I really just was so profound is they said it is the veterans who can hear us tonight, appreciate it. so important that we know our history. but we come here also to honor those Mr. Speaker, as I conclude, I just I chimed in and said, ‘‘It is not just im- who have gone on and who dreamed a want to go on and say that although portant that you know it. That is not dream that the world would be better the U.S. military has traditionally enough. It is very important that all of that they were fighting for. been, as my colleague has said, a di- your classmates know it too, because Ms. LEE. There are many veterans verse institution, it has not always then I think the world can appreciate who are still with us who are getting been an integrated institution. From all that has been contributed, not only older now who I have the privilege to Crispus Attucks, who suffered the first by African Americans, but by this know and work with, and those are the shot during the Revolutionary War, to whole melting pot in making this coun- Tuskegee Airmen. What a wonderful the Tuskegee Airmen, who never lost a try what it is.’’ legacy they have left. single bomber under their escort dur- I cannot forget as you were talking, I will never forget when I was work- ing World War II, African Americans Jessie Jackson, Sr., talking about ing for our great statesman, Congress- have answered the call to service when- when he came back from war. He had man Ron Dellums. I was on his staff ever our country was in need. Yet these to sit in the back of the train, and a lot and we worked very hard to get a dis- same soldiers have not always been of the white German prisoners were al- play in the museum, I believe it was in treated fairly by their country. lowed to sit in the front of the train. the NASA museum, of the Tuskegee

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.207 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10547 Airmen. That was a real fight, but we him an effective representative for all riculture Chairman Bob Smith of Or- got it there. Millions of people were the people in Warren County. He grew egon attempted to address this issue able to read about, see and honor the up on a farm near Red Lion, Ohio, after the Sierra Grande fire which de- Tuskegee Airmen because of Ron Del- where he continued to live most of his stroyed hundreds of homes in New Mex- lums and because of the work we did to life. ico in the year 2000. The other Chamber make sure that they received a promi- b 2115 considered similar measures. Last nent place in the museum here. year, a similar bill was reported out of Mr. CUMMINGS. So many people He rose through the ranks to become the Committee on Resources. here hear the Congressional Black Cau- manager at a Kroger grocery store in This year, I worked with two other cus stand up over and over again and Lebanon, Ohio, and in the 1950s became distinguished full committee chairmen, talk about the war and talk about our the manager of the Lebanon Raceway, the gentleman from California (Mr. a job that became his passion as he objections to the war; but one thing POMBO) of the Committee on Resources they always hear from us over and over built the raceway into a major regional and the gentleman from Wisconsin (Mr. attraction. again is that we support our troops, SENSENBRENNER) of the Committee on Corwin Nixon was also an active vol- that we support our men and women the Judiciary. We crafted a bipartisan unteer, locally, Statewide, and nation- who are out there fighting. But we bill that garnered 90 cosponsors. The ally. Among his many activities he have come here tonight to say not only bill went through three full committee served on the boards of Bethesda Hos- do we support our troops, but we also markups before coming to the floor. pital in Cincinnati and Grandview Hos- support our veterans with everything Our bill takes a truly national ap- pital in Dayton. He was President of we have got. I used to say we support proach to a national problem. We them 100 percent. I change that to 1 both the U.S. Trotting Association and the International Trotting Association. passed this bill on May 20 of this year million percent. by an overwhelming and bipartisan ma- Ms. LEE. That is right. My final He was an original member of the American Horse Council. He was in- jority. comment is, as I said earlier, I think I think it is critical to note that we ducted into the Ohio Harness Hall of we need to put our money where our appointed conferees today. We also Fame and received the Harness Horse- mouth is now and try to fight like we unanimously accepted a motion from man International Appreciation know how to fight to make sure that the minority to instruct our conferees each and every nickel that they de- Award. He used to say his start in politics to finish work on this bill within 1 serve they receive. week. The fact that the whole House Mr. CUMMINGS. So, Mr. Speaker, ‘‘just happened,’’ but it happened be- cause of his remarkable work ethic, his agreed to these instructions shows the again as I have said before, there are so urgency of starting these negotiations many deeds that go unnoticed, and the genuine concern for people, and his ability to deliver for his constituents. but, because of a small group in the ones who perform them are often un- other Chamber, the essential step of seen, unnoticed, unappreciated, and His trademark in the State legislature was his ability to work effectively on appointing conferees is being delayed. unapplauded. Tonight we in the Con- Any further obstruction from the mi- gressional Black Caucus take a mo- both sides of the aisle to achieve re- nority party in the other body thwarts ment to salute those who have given so sults for all people. He was a true gen- the will of not only the 80 members of much so that we might live the lives tleman who respected everyone and the other Chamber who voted in favor that we live. treated them with respect. Despite all of his impressive accom- of their version, but of the entire U.S. f plishments in government and busi- House of Representatives. IN MEMORY OF THE HONORABLE ness, Mr. Nixon’s greatest legacy is his Since we passed this bill, almost 6 CORWIN M. NIXON family. He and his wife Eleanor were months have elapsed. While H.R. 1904 The SPEAKER pro tempore (Mr. married for 45 years before her death. languished in the other Chamber, 169 days have gone by, over 3.5 million PEARCE). Under a previous order of the Their two children, Keith and Karen, House, the gentleman from Ohio (Mr. provided them with three grand- acres have burned, 30 firefighters have PORTMAN) is recognized for 5 minutes. children, Melissa, Tina, and Keith, Jr. died, and 20 civilians have perished as a Mr. PORTMAN. Mr. Speaker, I rise and four great grandchildren, Corwin result of the fury of catastrophic to speak briefly about a dear friend of Nixon, III, Eleanor, Preston, and Aus- wildfires. The California wildfires of mine who passed away earlier this tin. the last 2 weeks provided a stark re- morning. I rise to honor the memory of Mr. Speaker, Corwin Nixon was one minder of the need to act to prevent fu- the Honorable Corwin Nixon, a dear of Ohio’s great public servants, whose ture disasters. It was only when the friend, a distinguished constituent, and accomplishments touched many lives California wildfires were dominating an accomplished public servant, who in our area and throughout the State of the nightly news that the other Cham- passed away this morning in his be- Ohio. He will be greatly missed. ber saw fit to take up this critical bill, with an 80 to 14 vote on the measure, loved Ohio at the age of 90. f He was someone I knew all my life, which seemed to indicate a sense of ur- and someone whose devotion to public CALLING FOR IMMEDIATE ACTION gency on the part of the other Cham- service was an inspiration to me. He FOR HEALTHY FOREST RES- ber. served with honor for 30 years in the TORATION ACT Unfortunately, the minority party of Ohio General Assembly, including 14 The SPEAKER pro tempore. Under the other Chamber is still not allowing years as minority leader. Before his the Speaker’s announced policy of Jan- the naming of conferees. They are re- election to the State legislature, he uary 7, 2003, the gentleman from Vir- fusing to do so in spite of the fact that served 12 years as a Warren County ginia (Mr. GOODLATTE) is recognized for they know the differences between the commissioner. 60 minutes as the designee of the ma- two bills are not insurmountable. They He was probably the most recognized jority leader. are refusing to do so in spite of the fact man in Warren County, and evidence of Mr. GOODLATTE. Mr. Speaker, that an agreement that could result in the great affection for him can be seen today the House asked for conferees to real action to improve forest health is throughout southern Ohio. His name is meet with the other Chamber to work easily within reach. on a Waynesville covered bridge, a out differences on the Healthy Forest The goals of the two bills are strik- Dayton health center, and an aquatic Restoration Act, H.R. 1904. This ingly similar. Both seek to address the center at Miami University. But most evening, I am pleased to be joined by issues that have tied the hands of our importantly, Mr. Speaker, thousands of some of my colleagues on the House forest managers: NEPA analysis that people in Warren County remember side to talk about the importance of drags on for months, administrative him fondly and the help he gave them, this legislation that passed the House appeals that spring up at the last a family member, a neighbor, or a of Representatives nearly 6 months ago minute, and court actions that stall friend. and, yet, has still not been resolved. proposed projects for so long that they Corwin Nixon’s life experiences and This issue has been debated for lit- are moot long before the judicial proc- his extraordinary people skills made erally years. Former Committee on Ag- ess concludes.

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.208 H06PT1 H10548 CONGRESSIONAL RECORD — HOUSE November 6, 2003 Now, I do not want to downplay the need the attention H.R. 1904 would pro- the damages were 619,000 acres burned, fact that there are differences. Their vide. First, someone who understands 384 homes destroyed, 624 additional version of the bill added over 100 pages this problem exceedingly well, because structures demolished and, sadly, nine of text and five whole new titles that the State of Colorado has experienced firefighters were killed in this fire. The were not in our version. While there is some very difficult problems with for- damage from the fires closed 26 water obviously a good deal of work to be est fires this year and in previous treatment facilities. After two smaller done, we owe it to the people who have years, particularly last year. I recall fires, the Denver Water Board had to fought these fires and the neighbors of the devastation to the water supply for spend over $20 million cleaning up the our Federal forests who have been the City of Denver, something that is reservoir. threatened, evacuated, or left home- of great concern to us that our bill ad- The crises in our forests warrant ac- less, to finish the job and produce a bill dresses, but that some would like to tion. It is imperative that conferees be that the President can sign. delete from it because they only want appointed. Partisan politics must be All of these issues can be resolved. to allow work being done in what are put aside, and Congress must act to The only thing preventing us from be- called ‘‘beauty strips’’ around urban protect our national treasures. ginning this resolution is the refusal areas, overlooking the fact that the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE by the minority in the other Chamber watersheds for many, many commu- The SPEAKER pro tempore. The to allow the appointment of their con- nities around the country are protected Chair would remind all Members to ferees. This action negates the legisla- by our national forests and ruined avoid improper references to the Sen- tive process which calls for a bicameral when those forests go up in flames, and ate, including criticizing Senate action conference committee to work out any mud and ash and everything else goes or inaction. differences between two versions of the down into these important reservoirs Mr. GOODLATTE. Mr. Speaker, I same bill, and it is the only thing pre- and other water supplies. thank the gentlewoman. Her observa- venting us from taking steps to protect So at this time I am pleased to yield tions are very true. One of the areas our communities, our forests, and our to the gentlewoman from Colorado that we overlook not only are the watersheds from catastrophic wildfires. (Mrs. MUSGRAVE). water pollution problems that occur, It is important to remember that the Mrs. MUSGRAVE. Mr. Speaker, the but also air pollution. The fires in Cali- House bill received widespread support House passed its version of the Healthy fornia have emitted so many toxic when it came to this floor. The Society Forest Initiative in May of this year fumes and other forms of air pollution of American Foresters praised it for with an overwhelming majority and bi- that some are saying that more emis- giving new tools to forest managers to partisan support. The other Chamber sions have occurred from just those protect our forests. The National Vol- has had our version of the bill for over fires in California in the last few weeks unteer Fire Council praised it for re- 6 months and only passed it after fires than occur from all of the automobiles, ducing the threat faced by their mem- in southern California scorched almost all of the trucks, and all of the buses bers when they are on the fire line. 1 million acres, destroyed over 3,400 emitting all year long in the country. Many of the same groups, as well as homes, and killed 20 citizens last week. And we saw so many evidences of it. I the International Association of Fire During a meeting of the Committee have a sister who lives in southern Chiefs, have asked us to go to con- on Agriculture, one of our members ex- California and experienced the dif- ference to address specific issues and pressed to us his sorrow that one of his ficulty with breathing and so on. Lit- finalize a bill. That is my strong desire cousins had been burned to death and erally millions of people were exposed as well as the desire of the vast major- her sister was burned over 85 percent of to this enormous problem. It is not ity of those in this House. her body. One of our own Members lost simply a natural wildfire that burns There are over 190 million acres of his home in this tragic event. along the ground and the large trees forests and rangelands which remain at After we took this vote in the House, are preserved and so on; these fires risk of catastrophic wildfire, insect, a simple motion to appoint conferees consume everything in their path: and disease, a landmass larger than has been blocked by the minority large trees, small trees, homes, busi- New England. Our bill takes the mod- party, preventing the swift conclusion nesses, automobiles, and even some est step of addressing the hazardous of negotiations. The forest health con- people’s lives. And, in doing so, the conditions on only 20 million acres of ditions across the country are too ex- devastation is truly enormous. Yet, we this total. At the same time, it takes treme and the threats to our citizens’ ignore it as we continue to neglect our an innovative approach to forest health lives and property too severe for this to forests and not give the professional on private forestlands, creating new be a political football. In Colorado, a forest managers the ability to manage programs to detect and suppress such beautiful State with beautiful national those forests. forest pests as the Hemlock Wooly forests, 7.5 million acres are at risk to At this time, it is my pleasure to Adelgid, the Emerald Ash Borer, and fire, insects, and disease. This is more yield to the gentleman from North the Gypsy Moth. In short, it takes a than two-thirds of our forested acres in Carolina (Mr. HAYES), a member of the national approach to a national prob- my State alone. Committee on Agriculture and chair- lem. The need to provide the modest relief man of the Subcommittee on Livestock It is time to put partisan politics provided by H.R. 1904 can best be illus- and Horticulture who knows something aside, so that we can bring forth a bill trated by what the people on the front about this from problems in North before the end of the session which can range went through trying to protect Carolina. prevent future catastrophic forest fires their forest. Working in close coopera- and to begin improving the health of tion with the local community, con- b 2130 our Nation’s forests. It would com- servation groups, and Colorado State Mr. HAYES. Mr. Speaker, I thank pound the tragedy still unfolding in University, the Forest Service pro- the gentleman from Virginia (Mr. California if last week’s vote in the posed a modest effort to reduce haz- GOODLATTE) very much for yielding, other Chamber was just for show. A ardous fuels in this region. After ex- and I thank him for his leadership in tiny minority should not be allowed to haustive NEPA analysis, radical envi- putting together a comprehensive ef- continue the dilatory tactics that have ronmentalists filed an administrative fort to respond to the tragedies that caused this bill to languish until the appeal, and then a lawsuit. have faced us in recent days. And end of the session. Time is short. The As the process unfolded, the Hayman thank goodness for rain. It certainly fires are smoldering in California, and fire destroyed the watershed before the was not sound management practices the conditions that created these infer- project could be implemented. My col- that have given our valiant firefighters nos will only get worse unless Congress league, the gentleman from Colorado the breath that they needed, the time acts now. (Mr. TANCREDO), described this in July, to rest, and to hopefully bring these I would now like to recognize several how devastating the Hayman fire was. fires under control. of my colleagues who have supported Mr. Speaker, 138,114 acres were de- Mr. Speaker, I appreciate this oppor- our bill as it moved quickly through stroyed, and 132 homes were lost in tunity to discuss the healthy forest ini- the House and whose districts badly that fire. In total, in the year of 2002, tiative, which was passed by the House

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.210 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10549 in May with an overwhelming bipar- type of attention, protection, and also My question is this: the gentleman tisan majority and was finally passed commonsense land management prac- mentioned the Black Hills National last week by the other Chamber. It is tices to our other States. Is this the Forest, which is a true national treas- sad that it takes utter devastation, de- gentleman’s understanding? ure. And I agree with him whole- stroyed homes, and loss of life before Mr. GOODLATTE. Mr. Speaker, the heartedly that I am very glad that this legislation can finally be passed that gentleman from North Carolina (Mr. wonderful treasure has this degree of will correct Federal policies that des- HAYES) is correct. It is regrettable but protection. I seem to recall, particu- perately were needed to be changed nonetheless true, that legislation was larly since my daughter-in-law is a na- years ago. passed a couple of years ago that in- tive of South Dakota, and a wonderful But now that we are in the home cluded a provision placed into an ap- member of my staff is also a South Da- stretch and the House is eager to move propriations bill that creates a dif- kotan, and I have enjoyed many trips the conference on this legislation, a ferent standard for South Dakota. there, but were there not some cata- simple motion to appoint conferees I am quite glad that the Black Hills strophic fires there as well not too long again is being blocked, as was men- National Forest in South Dakota has ago? tioned earlier. The House appointed that different standard, because they Mr. GOODLATTE. Mr. Speaker, re- conferees today. And I want to com- have the ability to allow the Forest claiming my time, the gentleman from mend the gentleman from Virginia Service employees, the district rang- North Carolina (Mr. HAYES) is correct. (Chairman GOODLATTE) and the gen- ers, and others in that national forest There have been catastrophic fires in tleman from California (Chairman to prepare the land in environmentally South Dakota, but there was even POMBO) for their efforts and leadership sensitive ways, to protect that forest more importantly a recognition that in trying to move this bill to con- from the kind of catastrophic wildfires there were vast areas, not just the so- ference as quickly and as construc- that we have seen in California and Or- called beauty strips immediately tively as possible. egon and Arizona and New Mexico and around communities, but vast areas of This legislation is important in a Colorado and Idaho and Montana and the Black Hills National Forest that number of States, particularly my other States as well. were at risk of catastrophic wildfire. home State of North Carolina. The But there is absolutely no reason We are not talking about the wildfire Healthy Forest Restoration Act not why the provisions in either the bill that burns along the ground and gets only provides our Federal land man- passed by the House or the bill passed rid of the brush and things out of the agers with greater flexibility to deal by the other body, neither of which area and leaves the larger trees; but we with fire dangers in the West but new contain the same level of authority are talking about fires that, because of authority to test innovative detection granted to the Forest Service folks in the buildup of fuel density, the trees and suppression techniques for the South Dakota, could not be made continuing to grow, the fires being sup- many pests that threaten the Eastern available to the other 49 States as well. pressed over a long period of time, forests. We are not even asking for as much as when they finally do occur, they stair- The Southern pine beetle is the most what South Dakota has right now. step up from the brush into the smaller significant threat to forest health in And, yet, we are being impeded from trees, into the larger trees, into the North Carolina. Normally Southern being able to bring this issue to a reso- overstory of all of the trees in an area pine beetles attack and kill stress- lution. and devastate the whole area. weakened trees. When populations We are so very close; the differences Then when it comes up to a commu- reach epidemic proportions, even between the House and Senate can be nity, no small narrow band of treated healthy trees can be attacked and over- worked out. There are differences. We area will keep that kind of massive fire whelmed. should not minimize them. They are that can sometimes leap over long dis- In North Carolina, the beetles are af- important differences. But we passed tances because of the enormous height fecting over 1.5 million acres of pine. today here on the floor of this House a that the flames reach and the burning Timber valued at more than $12.4 mil- motion to instruct conferees offered by pieces. In the California fire, there was lion was destroyed last year alone by the gentleman from Texas (Mr. STEN- a report last week of an instance in the pine beetle. Our hardwood forests HOLM), the ranking democrat on the which a 4 by 8 piece of plywood was are also threatened by invasive pests Committee on Agriculture, a motion to spotted by one of the planes combating such as the gypsy moth. Gypsy moth instruct that says we will have an open the fire flying through the air in eradication is a high priority because conference with participation by all of flames at 2,800 feet of altitude. Now, of the damage it can do to trees in resi- the conferees appointed. And, by the when these things can reach that kind dential areas as well as scenic moun- way, the Speaker went ahead today of proportion, a small strip around a tain areas. and appointed those conferees. We are community will not protect the com- There are almost 17 million acres of ready to act. We have committed to an munity. So wisely, the legislation that private timberland in North Carolina, open process. We have committed to a protects South Dakota does not in- representing billions of dollars in in- speedy process. clude that type of restriction. vestments by private landowners and The motion to instruct calls for re- The Forest Service there can use the forest industry. The threats to porting back a bill to the House by their judgment with proper notice to these forests threaten the economy of next Thursday. And that is possible if the public and with fair hearing for my State and the ecological value of we would be able to go to conference. people who have, as we all do, a con- these lands. No individual landowner is But if action is not taken promptly, we cern that these things be done prop- equipped to deal with the pest out- will lose that timetable. Time will slip erly, the ability to treat various parts breaks on the scale that we have seen away from us. And, of course, we are of the forest not simply limit it to in recent years. nearing the end of this Congress. And if those areas. That is one of the things At this time, I would like to ask the time slips too much, we may be unable that is apparently holding up our gentleman from Virginia (Mr. GOOD- to complete this legislation, which progress here. I think it is a serious LATTE), the chairman of the Committee President Bush very anxiously wants mistake. on Agriculture, if he would yield for a to sign, supported by so many bipar- Mr. Speaker, we should be allowed to question. tisan Members of both the House and go in and work with the other body to Mr. Speaker, it is my understanding the other body. fashion legislation that will address from recent meetings that we have Mr. HAYES. Mr. Speaker, I appre- this problem in the other 49 States. held that the minority leader in the ciate the gentleman’s not only keen Mr. HAYES. Mr. Speaker, again I other body has made a provision and perspective on the issue but his accu- thank the gentleman for his precise added to another bill basically a rate knowledge of the history. And I and concise information. As a matter healthy forest initiative for the State would ask that if he would yield for of instruction for this body, the condi- of South Dakota. However, we here are one more question, I would like to pur- tions you describe almost duplicate the unable to move forward with conferees sue this issue a little further in South conditions in a thunderstorm. The fire at this point in order to give the same Dakota. starts low, as you said; and as the heat

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.214 H06PT1 H10550 CONGRESSIONAL RECORD — HOUSE November 6, 2003 builds, it creates a tremendous fair treatment, and we hope that we legislation that will not only protect upswelling of current, which, again, will get it soon. It is very, very impor- the Chattahoochee National Forest, has the same destructive effect as a tant. but forests from North Carolina to thunderstorm which results in hail and Madam Speaker, I think it is inter- California, from the Dakotas to Texas, tornadoes. But as the gentleman very esting to note that of the speakers we and it is important that we move this clearly illustrated, those pieces of have had down here tonight, the fur- legislation. burning limbs, lumber, whatever the thest west is the gentlewoman from Certainly the biggest challenge that case may be, can spread this fire in an Colorado. And I think this reflects that we face is not allowing our forests to incredibly rapid manner. this is not simply a Western problem; become the political football of the And my point in all this being that this is a problem that affects the whole current session of Congress. They are the same reasons that South Dakota country. Because in the East while we too important. We have over 17 million saw fit to pass local legislation are the have different types of forests, they acres of private forest land in Georgia reasons that we have in this fine legis- also suffer forest fires; but the greatest alone. As the chairman accurately lation that we are talking about to- threat in the eastern forests are the in- pointed out, fires are a concern for us, night. sects, and the disease, many of which but they are not the dramatic concern In closing, Madam Speaker, I would are nonnative species that have come that we see in the West like in Cali- like to make one more point. I have into this country from one source or fornia and Colorado. Our real challenge heard the terms partisan, bipartisan. another around the world. And we do is pests, as the gentleman from North This is about as bipartisan as anything not have the natural enemies of these Carolina has pointed out. could possibly be. Both parties are species to combat in our forests. So Mr. HAYES. Madam Speaker, I can- working very hard, way beyond, for the often times they run rampant: the pine not help but be touched by the irony of most part, to reach commonsense solu- bark beetle that the gentleman from what the gentleman is saying. The gen- tions to tragic, dangerous, destructive, North Carolina (Mr. HAYES) mentioned, tleman from Georgia is a very valued and expensive fires. the wooly adelgid which attacks our member of the Committee on Agri- I would say to my friend, the gen- hemlocks, the gypsy moth which at- culture, and I have been here slightly tleman from Virginia (Mr. GOODLATTE), tacks our hardwoods, and the emerald longer than he has, so when the gen- that to me an observation is that this ash borer which attacks our ash trees. tleman came, I had an opportunity to is not partisan in any way. And I use as Madam Speaker, at this time I yield give him an assignment. I think he re- an example, I was in the chair this to the gentleman from Georgia (Mr. members the assignment. afternoon, and the discussion was BURNS). Madam Speaker, Georgia is known about how we develop more plentiful, for many, many things, but the one b 2145 less expensive sources of energy to that we particularly enjoy is the bob- keep our manufacturers, keep our Mr. BURNS. Madam Speaker, I ap- white quail. Prime forest management transportation, to create jobs and to preciate the gentleman yielding me for the bobwhite quail requires con- grow our economy. And, again, it was a this time. trolled burning. It requires removing bipartisan effort, Republicans and Madam Speaker, it is time for us to fuel which prevents forest fires, but Democrats joined together in a com- take action. This body has done its job. when done in a controlled way, in the monsense manner to reach agreement The Committee on Agriculture that spring of the year, under proper humid- and to come up with policy and solu- the chairman does such a wonderful job ity conditions, typically at night to re- tions that are good for all America. in managing brought this bill to the duce smoke and other emissions, not So what I saw there were Repub- floor. As my colleagues have pointed only is habitat produced, but food licans and Democrats hand in hand out, it was passed overwhelmingly sources for nongame species, cover for working together against the extrem- from both sides of the aisle, and there songbirds, all types of animals and ists who inhabit a very small portion of was not a dissension that we could not birds, is created. Again, a common- the population, but have an unusual resolve. So as we worked with the Com- sense, tried-and-true practice, accepted amount of sway in these discussions. mittee on Resources and worked with for well over 100 years of land manage- So I would simply submit for this dis- the Committee on Agriculture, we ment, here is a way that we actively cussion that this is not about disagree- came here and passed this measure in control fuel, manage our forests, stop ments between parties; this is about May. We had high hopes for swift ac- disease, create habitat, and increase commonsense men and women of good tion in the other body. We were happy filtration ability for watersheds and faith on both sides, Republican and finally to see that action recently. streams. Democrats, who are uniting against a Unfortunately, it was only after the Madam Speaker, I ask the gentleman radical extreme, far way-out small seg- tragic situations in the West and in how is that project coming? ment of the community that is costing California where so much air and water Mr. BURNS. Madam Speaker, I would lives and costing money. quality was damaged, and certainly the tell the gentleman that the challenge So that is my point, Madam Speaker. loss of life and homes, the threats that is still there. When I was growing up, This is not a partisan issue. And I were there, we were certainly glad to there was an abundance of small game, think it is important that we take it see action; but now we face a chal- especially small bobwhite quail and further and define it as it really is. It lenge. The challenge is moving from squirrels and rabbits, just natural wild- is common sense versus nonsense. the two bodies to the conference com- life. My colleague is correct, back in So, in closing, again, I thank the gen- mittee, and we have worked very vehe- that era it was a common practice to tleman from Virginia (Mr. GOODLATTE), mently to ensure that happens. burn the woods. We would take the un- Madam Speaker, for the time and at- When this measure came to the com- derbrush out. We would create the tention. The Healthy Forest Restora- mittee, I consulted the Warnell School habitat as the gentleman from North tion Act provides the flexibility and re- of Forestry at the University of Geor- Carolina (Mr. HAYES) suggests, and sources necessary to deal with these gia and asked them to review the legis- that would provide a plentiful environ- problems, protects millions of acres, lation and give me their input, and tell ment for native species and migratory thousands of homes, and citizens. I me what they thought was best for not birds. hope the two Chambers can resolve only Georgia’s forest, but our Nation’s As we face the challenges today, we their differences and send the bill to forests. They did a very thorough job see fewer and fewer of our natural habi- the President as quickly as possible. in their advice and counsel, and I took tats available for our wildlife. I think Common sense, not nonsense. it. this is a bill that promotes wildlife. It Mr. GOODLATTE. Madam Speaker, I We have the Chattahoochee National promotes best practices in our forestry. hope that what was done by this Con- Forest in Georgia. It is a place I enjoy. I think the biggest concern I have is we gress for the State of South Dakota 2 I enjoy the fishing and the trout do not need to be playing politics with years ago will be done for the other 49 streams and the air and the quality of the forests of our Nations. States as well. In fact, we do not even life there. We have to protect it. H.R. We have fires in Georgia. Mercifully, ask quite as much. We simply ask for 1904, the Healthy Forest Initiative, is they are fairly small, but yet we lost

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.215 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10551 over 84,000 acres of forestland to fire in southern New Mexico, and it was al- period of time. The unreasonable, ex- the last 4 years. But as has been point- ways odd to me. It was only after be- treme environmentalists who will ed out, we have had a 278 percent in- ginning to work in the legislature and block every attempt to do common- crease in the southern pine beetle, and learning what makes a forest grow and sense thinning which will create our that can be directly attributed to the not grow that I realized that was a for- healthy forests should be ashamed. And fact that we are not managing our for- est fire that had occurred in the middle those special interest people who in ests with the best practices. part of the century, and over 50 years this city who will give one State per- This restoration act provides our later, the soil was still sterile from the mission to do the commonsense prac- Federal land managers with the flexi- effects of that fire. tices of good forest management should bility that they need not only to deal So when my constituents ask me unlock the doors and allow the rest of with forest fires and fire dangers, but what is a healthy forest, I tell them us to have access to the same common- also to deal with disease and pests that one that is natural, one that grows up sense approach to managing our for- are invading all of our forests. We have the way that conditions would permit. ests, to managing our forests to be- to suppress the pests and make sure In New Mexico, a healthy forest, gen- come healthy forests instead of the that they do not continue to threaten erally, historically, pictures tell us, death traps they are now. our eastern forests. Billions of dollars had about 25 to 50 trees per acre. I like Madam Speaker, I thank the gen- to Georgia’s economy are attributable to ask schoolchildren when I go tleman for yielding me this time. to our forestry industry. There are 17 around, how many trees per acre are in Mr. GOODLATTE. Madam Speaker, I million acres that need protection. If New Mexico forests now? On average, thank the gentleman from New Mexico we look at our neighboring States of we have over 1,500 trees per acre. The (Mr. PEARCE) for some very common- Florida, Alabama, Tennessee, South trees do not get the nutrients that they sense observations. Just looking across Carolina, we all face similar challenges need, they do not get the water they the spectrum of Members who have as we try to deal with the need to have need. In attempting to get the sunlight spoken here tonight and who spoke healthy, vibrant forests. they need, the small-diameter trees here today on the motion to instruct It amazes me that we cannot come to grow to 50, 75 and 100 feet, matching conferees, we had Members from Or- some reasonable accommodation in a the height of the mature trees. Then, egon, California, Colorado, Montana, very expeditious amount of time. I as has been described, as a fire starts, Idaho, New Mexico, Arizona, all across would hope that as this body has al- it uses the small diameter as kindling the West they experience this problem; ready done, as it has worked together, to get the fire burning across the top of and then Georgia, Virginia, North and as the gentleman from North Caro- the entire forest, the crown fires burn- Carolina, they experience this problem. lina (Mr. HAYES) has pointed out, this ing just the top of the trees, burning And folks from Michigan and Pennsyl- has been a very strong bipartisan bill. just the piece that will kill it, and then vania have spoken about forestlands. We have worked hand in hand with the healthy, good hardwood stands rot- We are blessed in this country with both sides of the aisle to reach a con- ting, waiting to just become a part of great and bountiful forests all across clusion and agreement that we can the soil, sometimes waiting years to America, but we need to take care of move to the other body. They took decay. them. And when we have to manage that up, they passed it by a substantial Another problem with an unhealthy them because people live in and around margin, even an overwhelming margin, forest is that they soak up water, and them and we have to fight forest fires, and now it is time for the next step. in New Mexico which is an arid State that fuel density builds up. When it The next step has to be for us to move which desperately needs water, and we does, we have to give our forest man- forward and bring this bill to a con- are in the fifth year of a drought, if agers, the professional people, the abil- ference and out of conference and back each tree consumes only one gallon per ity to step in and do what needs to be to the floor of the House. day, the estimates are in New Mexico, done. The Healthy Forest Restoration Act we have over a billion too many trees, b 2200 is indeed a national solution to a na- that is 1 billion gallons a day. The ac- tional problem. The time for action is tual estimates are much higher, We are doing it in such a way that we now. I concur with my colleagues from Madam Speaker, and that trees will expedite the process so that it does not Virginia and North Carolina. We need a probably use 100 gallons a day. And in go for so long that the problem over- commonsense solution, and we have it an arid State where water is life, where takes the solution, but at the same in our midst. We need to move it water is growth, where water is our fu- time we do it in such a way that the through both bodies and pass it and ture, we are mismanaging our forests ability of concerned citizens to have send it to the President. into unhealthy situations that are their input in the process, to even ap- Mr. GOODLATTE. Madam Speaker, I going to burn and destroy this national peal the decisions that they think are thank the gentleman from Georgia treasure and this natural resource, inappropriate, to have that oppor- (Mr. BURNS) for his comments. that rob our cities of the water they tunity to do that but do it in a way Now, somebody who has experienced need for growth and for the population, that is expedited because that is what this problem firsthand in the State of all because extremists in this society is needed for a problem as serious as New Mexico has joined us. I yield to say we would rather watch them burn this one. the gentleman from New Mexico (Mr. than to cut one single tree. I see that we are now joined by an- PEARCE). New Mexico last year suffered There are extremists in this city who other Member of Congress who has ex- some devastating fires which we say no State, except South Dakota, perienced this problem firsthand in his thought would be just the thing that will be allowed to cut trees without the State of Montana. I would be pleased to would cause Congress to get over the NEPA studies that are required, no yield to the gentleman from Montana top and get this issue resolved. Unfor- state but South Dakota, a provision for him to also give his observations tunately, we fell short; but we are back that was snuck in in the middle of the about the problem with the state of again this year, and we are as close as night over 3 years ago in an omnibus forests in his State and around the we have ever been to getting this legis- bill. The rest of the States want the country. lation through both bodies so we can same permission to do commonsense Mr. REHBERG. I thank the gen- send it to the President. thinning to create a healthy forest. It tleman from Virginia for taking on an Mr. PEARCE. Madam Speaker, I is not a question of if our forests are issue that we find very important in thank the gentleman for talking about going to burn, Madam Speaker, it is a the State of Montana and throughout this critical issue in front of this body. question of when our forests are going the Nation and, that is, healthy for- I grew up in New Mexico and on our to burn. ests. I have been involved in the issue vacations we would drive to Cloudcroft, I flew this year between two towns in since 1988. We saw the fires exist in our New Mexico. From the early 1950s, I no- western New Mexico, and I flew over State to the tune of almost 1 million ticed that there was a place there of 200,000 acres with just the stubs of acres. As an observer, I assumed our thousands of acres where no tree grew. smouldering trees standing. The entire elected officials would do something It was in the middle of pine forests in 200,000 acres was killed in just a short about that. Over the course of the next

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.218 H06PT1 H10552 CONGRESSIONAL RECORD — HOUSE November 6, 2003 few years, I watched nothing happen. of my Committee on Agriculture. I there is so little forestland. But he rec- Our forests continued to deteriorate. In have only been here for 3 years, but the ognizes this problem in other parts of the year 2000 in the State of Montana, arrogance of the attitude that we have Texas and in other parts of the coun- we saw almost 1 million acres burn got the perfect piece of legislation try. We have worked together to move again, and I assumed something would being sent from the Senate is incred- this far. Why we cannot see the same be done. Again, nothing was done. ible. I do not understand that kind of a response from other quarters where we When I joined the Congress, I was im- concept. need to have cooperation to get this pressed by the fact that our chairman ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE done and to move the final bill to the now of the Committee on Resources The SPEAKER pro tempore (Mr. President, I do not know. But nonethe- and my chairman of the Committee on PEARCE). The Chair would remind all less, we stand here and wait for the op- Agriculture were willing to hold hear- Members to avoid improper references portunity to finish what we have start- ings to try and find the solution to to the Senate, including criticizing ed. healthy forests. It does not take rocket Senate action or inaction. Mr. REHBERG. Mr. Speaker, if I scientists to figure out what is wrong. Mr. REHBERG. The arrogance of might ask the gentleman from Virginia I manage resources. I am in the agri- somebody who makes a determination a question. What possible reason would culture business in Montana. I clearly that we do not have a dog in this fight, others within the United States Con- understand a mineral cycle, a water that we do not have an opinion, that gress want to create an exception for cycle. I understand that when you have we do not understand the holistic man- their own forests or their own State undergrazed grass, it kills grass as agement of our forests is incredible to and not provide the same opportunity much as overgrazed grass. I notice that me. I think the taxpayer ought to be for Virginia, Washington, Idaho, Colo- when you have timber, when you have appalled. I think the Nation ought to rado, now California, and certainly underthinned timber, it creates the be appalled. And I think it is time that Montana? same devastation as clear cutting. we make a determination to do what Mr. GOODLATTE. We mentioned this But there are those within our Fed- the gentleman from Virginia has done earlier. It is indeed disappointing that eral Government and there are those in the Committee on Agriculture with the opportunity would exist for anyone within this Congress that do not under- all the hearings that I sat through as a to jump the gun, if you will, to get an stand that. When I see various Mem- freshman on his subcommittee and opportunity to do the right thing, and bers of the body from the other side of that our chairman of the Interior and we are glad that the State of South Da- the Capitol making exceptions for now Resources Committee has done to kota has the tools that they need to their State, understanding that you consider the whole healthy forests ini- protect the Black Hills National For- need a management plan to thin their tiative. I think we ought to take the est, a precious resource. Why we would timber to create a healthier environ- high road; we ought to take the ap- not also have the opportunity to do ment and they do not want to provide proach that we have sent over to them that in the 49 other States where all of that same opportunity for us, there is and say, it is not entirely about safe the States in one way or another have something hypocritical. Shame on communities, which safe communities problems with protecting forests, why them. It is time that this Congress un- are important, but it is about healthy we would not get that, I do not know. derstands that healthy forests are cre- forests. And we sent over a healthy for- But we stand here and we wait for the ated. But I understand that there are ests policy. opportunity. only a certain level of tools that can be And so what we really need to do is Mr. REHBERG. Another question, used to manage our forests. we need to sit down in the conference Mr. Speaker, if I might of the gen- What are those tools? Prescribed committee, work out the differences, tleman from Virginia. Is there any rea- burn can be a tool. Uncontrolled fire is pass something along to the President, son why this has not happened in the a catastrophe. It is stupid. But pre- and do what the gentleman initially past based upon the majorities of the scribed burn is a tool. Grazing, which is suggested a number of years ago and, Congress and the fact that within the something I know something about be- that is, create truly a healthy forest last year and a half this is the first cause I have grazing animals on my op- policy. I thank the gentleman for what time in 40 years we have had an oppor- eration to thin the undergrazed prop- he has done in his committee. tunity to effect change? Would we not erties, creates a healthy environment. Mr. GOODLATTE. I thank the gen- now try a different management ap- So what do we do? Move some livestock tleman. The gentleman’s point is very proach? Not to say we are entirely in and graze and take care of that well taken. A healthy forest means safe blameless, because certainly we sup- undergrazed property. communities. That is what we are real- ported Smokey Bear, we believed that Logging. Why do we find that timber ly talking about here. If we get to the putting fires out, we believed that the companies are bad things? On forest root cause of this problem, which is our management plan that existed in the properties, on Federal properties, we unhealthy forests, we will not see the past perhaps had some credibility. But tell them what to cut, when to cut, kind of disasters that we have seen in recognizing that it has failed, would it how to cut and we ask them to use recent years that have taken lives, not be incumbent upon us now in our their capital, their labor and their taken homes, taken families away new majority position to come up with equipment. How can that be a problem? from their communities. It has been a a new and more exciting, more vibrant Unless, of course, we do not do it right. disaster of the highest order. While opportunity to see not only a healthier We have some of the best environ- these disasters have taken place, the wildlife and a healthier environment mental laws in this country. Let us use Congress has watched the burning and but certainly a safer environment for those logging companies as a tool to has been inactive. our forests? manage our forests. But we cannot get The gentleman is correct. In the sub- Mr. GOODLATTE. The gentleman is beyond the politics of creating some committee that I used to chair, we held absolutely right. There is absolutely no kind of an argument that we do not many, many hearings. In the full com- question that we have to fight forest want logging companies in our forests. mittee that I chair now, we are holding fires. We do not want to send the mes- Let us use them as a tool. Let us talk those hearings. We moved forward with sage that when people go into our na- about holistic management of our for- legislation. We worked closely with the tional forests or when natural light- ests. Let us move beyond the politics. Committee on Resources and the Com- ning strikes occur that we should not I think that we have a plan that we mittee on the Judiciary. We passed a be getting those firefighters out there. have sent to the Senate; we have asked bipartisan bill. Forty-one Democrats in That is a part of saving the forests them to consider an opportunity, we the House joined with the over- from disastrous wildfires, not the nat- have asked them to consider a holistic whelming majority of Republicans to ural fires that burn along the ground, approach to management. What do we pass this bill. The ranking member of but the kind that stair-steps up and hear? ‘‘We have a perfect plan. We want the Committee on Agriculture has been consumes the entire forest. the House to accept it without any de- a real pleasure to work with on this We also know that it is important to bate.’’ How arrogant. I have only been issue, even though he has acknowl- do that, to keep the communities and here for 3 years, I say to the chairman edged today in his district in Texas people who live around those forests

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.220 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10553 safe. But we also know that when you ing from our lobbyists and our special destroying decent-paying jobs in Amer- do that, when you intervene like that, interests and our newspapers and tele- ica. Money talks. There is a reason you also have to take the responsi- vision stations in places like Con- why in the United States of America bility to keep the forests healthy in necticut and Rhode Island and such. our people pay by far the highest prices other ways, to use prescribed burns And, yeah, we own that land and we in the world for prescription drugs. where it is appropriate to do so. These want to take care of that land and we I border in Vermont, the State that I have minimal consequences when they thank you for understanding the issue. represent, Canada, the Canadian Na- are done properly. They accomplish the Thank you for supporting healthy for- tion. And in Canada people pay in some goal of burning out the brush on the ests. cases one-fifth, one-third, one-half of ground. They do not emit the kind of I thank the gentleman from Virginia the prices that people in the United massive amounts of air pollution that for his hard work, his dedication and States pay for the same exact medicine these catastrophic, uncontrolled his effort to create the right kind of made by the same company. There is a wildfires have. They do not cause the bill coming out of this Congress. I just reason for the fact that in the United same kind of devastation to our water hope that that is what we can pass on States we are the only country in the resources that these kinds of fires we to the President of the United States. industrialized world that does not in have seen in Colorado and California Mr. GOODLATTE. I thank the gen- one form or another regulate the drug and Montana and elsewhere have. But tleman. I want to thank the Speaker of industry and prevent them from charg- we need to give the Forest Service the the House, Speaker HASTERT, for the ing Americans any prices they want, tools to take the proper steps. opportunity to discuss this important and that reason is big money. And so I am glad the gentleman has issue tonight. I also want to thank my The pharmaceutical industry con- made that observation that this legis- ranking member, the gentleman from tributes huge amounts of money to lation that we have passed through the Texas (Mr. STENHOLM), without whom Members of Congress. They have lobby- House with strong bipartisan support we would not have come so far this ists running all over this place. Several and similar legislation that has passed year. The other committee chairmen years ago when the President of the through the other body but has not yet who helped hone the bill also deserve United States had a major fund raiser, been conferenced, has not yet had the high praise for their efforts. I wish that there was the pharmaceutical industry opportunity to resolve the differences, I were not here on the floor of the up there on the dais with him. There is stands waiting for that final resolu- House pleading the case to start formal a reason why the United States today tion. We stand here waiting for the op- negotiations. is the only Nation in the industrialized portunity to conference this. world which does not have a national 2215 Mr. REHBERG. Mr. Speaker, if I may b health care program guaranteeing in conclusion to the chairman of the This issue has dragged on needlessly health care to all people, and that rea- Committee on Agriculture just say for the entire legislative session. We son is money coming into Washington, very quickly that as I travel around need to discharge our duty, follow reg- D.C. from the insurance companies and the State of Montana and this country, ular order, and conduct open, fair con- other people who profit off of a health I know and I talk to people about the ference processes called for by the care system which is disintegrating be- fact that Federal properties in Mon- House this morning. fore our eyes. There is a reason why tana, which I represent, are owned by f pollution all over America is rampant, the taxpayers. I understand that. And THE MIDDLE CLASS and that has to do with the money that so when I ask them a question, what do utilities and other large corporations you want to see from your forests, they The SPEAKER pro tempore (Mr. contribute to political parties and to usually tell me, I want to see healthy PEARCE). Under the Speaker’s an- the White House. wildlife. Okay. I can accept that. They nounced policy of January 7, 2003, the Front page, New York Times today: say they want to see a healthy environ- gentleman from Vermont (Mr. SAND- ‘‘Lawyers at EPA Say it will Drop Pol- ment. We do not get so specific as talk- ERS) is recognized for 60 minutes. lution Cases,’’ and the article goes on ing about the mineral cycle and the Mr. SANDERS. Mr. Speaker, tonight to point out, of course, that ‘‘Rep- water cycle, but it is something that I I want to focus on some very important resentatives of the utility industry understand. They talk about the fact issues which impact the middle class of have been among President Bush’s big- that they want to see healthy trees. our country, and I do that as the only gest campaign donors, and a change in When I explain to them that a dead Independent in the U.S. House of Rep- the enforcement policies has been a top tree that has got beetles in it and the resentatives. And as an Independent, priority of the industry’s lobbyists.’’ In beetles pass on to another tree, a dead the views that I am going to express other words, they have now been given and dying tree creates a dead and dying are somewhat different than the views permission to pollute because they are forest, and unless we remove the can- of many of my colleagues. major campaign contributors. cer of that dead and dying tree, it will The first point that I want to make is There is a reason why this Congress kill the forest. They say, that, I can in a sense an obvious point to most and this President have passed legisla- understand. people in this country, especially per- tion which provides enormous tax Then we move on to fire and I say, if haps the 50 or 60 percent of the Amer- breaks for the wealthiest people in our you do not control the litter, the ex- ican people who have given up on the country, hundreds and hundreds of bil- cess, the overgrowth and the dying political process and no longer vote, lions of dollars in tax breaks that will trees, you will create a fire danger and and that is that in Washington, D.C., in go to millionaires and billionaires, that is not very bright. You know what the White House and in the United while at the same time we have the they do? They usually go, yeah. You States Congress, money, big money highest rate of childhood poverty in know, we did not realize. If you had plays an enormous role. There is a rea- the industrialized world for our chil- just told us that we have dead and son, and I am going to get into this in dren, where we have working people dying trees, we have wildlife that do greater length in a moment, why we living in their cars because they can- not have enough grass, we are creating are hemorrhaging decent-paying manu- not afford the housing that is available a canopy that is killing the grass, it is facturing jobs and those jobs are going to them. That has everything to do killing the trees, it is creating a safety to China where workers there are paid with the money that the wealthy and danger and houses are burning up and 50 cents an hour and why corporate large corporations contribute into the people are losing their lives, they usu- America is laying off millions of Amer- political process. ally go, I can understand this issue. ican workers to take jobs abroad. And Mr. Speaker, the corporate media, What do you suggest? one of the reasons that we have a disas- which, of course, is owned by big And then I move into talking about trous trade policy is the huge amounts money interests, does not talk about the tools that are available, prescribed of money that come into Congress, what is happening in our country too burn, grazing, logging, thinning and that go into the White House, which much in terms of what is going on in such. They go, well, we had no idea, be- have opened up access so that these the lives of ordinary people, but in my cause that’s not the story we are hear- corporations can go a long way toward view, in many respects the United

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.223 H06PT1 H10554 CONGRESSIONAL RECORD — HOUSE November 6, 2003 States is rapidly becoming three sepa- talking here about the crooks, the dis- ality now is that we find very few fami- rate nations. On one hand we have an honest people, the illegal people who lies in the middle class where one per- increasingly wealthy elite composed of ran companies like Enron and son works 40 hours and earns enough a small number of people with unbe- WorldCom and Arthur Andersen and money to pay the bills. lievable wealth and power. That is one those companies. I am not talking b 2230 group. Small numbers but incredible about them. I am talking about the wealth, incredible power. And then we highly-respected CEOs like the retired In terms of what is happening to the have the vast majority of the people head of General Electric, Jack Welch, middle-class, we have lost over 3 mil- who are in the middle class, and the who, when he retired in 2000, received lion jobs in the last 3 years, and, with middle class in our country today is, as $123 million in compensation and $10 9 million workers unemployed, unem- most Americans know, shrinking. The million a year in pension benefits for ployment is over 6 percent. That is a average American today is working the rest of his life, and he did that serious problem. But in truth, the un- longer hours for lower wages than he or after throwing tens and tens of thou- employment situation is far worse than she used to. People are going bankrupt sands of American workers out on the that, because official unemployment at frightening numbers. It is extremely streets as he moved his plants abroad statistics do not include those workers rare when we can see one breadwinner to China, Mexico, and other countries. who are no longer actively searching in the family earning enough money to Good job, Jack. He is sure worth $123 for work. So if you are in a high unem- ployment area, if there are no jobs and pay the bills in almost every instance million now that he has laid off tens of you are not actively working, you are in the middle class. Now, two people thousands of American workers. I am not included. Those figures do not in- are needed to work, and sometimes talking about people like Lou Gerstner clude workers who are working part- these folks are working unbelievable of IBM, who, from 1997 to 2002, received time because they cannot find full- hours and are becoming stressed out. $366 million in compensation while time work. Those figures do not in- That is the middle class, shrinking, slashing the pensions of his employees clude Ph.D.s who are driving cabs and people working longer hours for lower and the health care benefits of IBM re- skilled workers who are doing un- wages, wondering how they are going tirees. Right on, Lou. $366 million for skilled labor because there are no jobs to be able to send their kids to college. him; cuts in pensions and health care around that fit their skills. But, none- And at the bottom, at the bottom of benefits for his retirees. A great Amer- the ladder, we have a growing number theless, we have 9 million people who ican. I am talking about C.A. Heimbold are unemployed. of Americans who are living in abject Jr., Bristol-Myers Squibb, who received Importantly, of the 3 million jobs poverty, people who are barely able to almost $75 million in 2001 while helping that we have lost over the last 3 years, keep their heads above water, people to make it impossible for many seniors 2.7 million were in the manufacturing who are in many instances working for in this country to purchase prescrip- sector. This is an issue that I want to $5.15 an hour, the minimum wage, and tion drugs because they are priced so spend a moment on, because what is those people, after 40 hours of work, 50 high. happening in our manufacturing sector hours of work, are falling further be- Today the Nation’s 13,000 wealthiest today is a disaster for this country and hind. They cannot afford to get their families who constitute 1/100 of 1 per- bodes very, very poorly for the future cars fixed to get the work. They cannot cent of the population receive almost of our Nation. afford child care for their children, and as much income as the bottom 20 mil- The bottom line is, and Congress that is what is happening to our low- lion families in the United States. That must finally recognize this, our trade income people, and poverty in Amer- to my mind is not what America is sup- policies are failing. NAFTA has failed. ica, as we all know, is increasing. posed to be. Our membership in the WTO has failed. What we very rarely hear discussed New data from the Congressional Perhaps, above all, permanent normal in the House of Representatives, in the Budget Office shows that the gap be- trade relations with China, PNTR, has corporate media, is the growing gap be- tween the rich and the poor in terms of failed. tween the rich and the poor and the income more than doubled from 1979 to The time is now, and, in fact, it is fact that in our country we have the 2000. In other words, we are moving in long overdue, for the United States most unequal distribution of wealth exactly the wrong direction. The gap is Congress to stand up to corporate and income. The fact that there have such that the wealthiest 1 percent had America, to stand up to the President been rich and poor is not new. That has more money to spend after taxes than of the United States, to stand up to always gone on. But the disparities in the bottom 40 percent. The richest 2.8 editorial writers all over America, all wealth and income that currently exist million Americans had $950 billion of whom have told us, year after year, in our country today have not been after taxes, while the poorest 110 mil- how great unfettered free trade would seen since the 1920’s. In other words, in- lion had less, 14.4 percent. be. Well, the evidence is in. They were stead of becoming a more egalitarian Mr. Speaker, it is increasingly com- wrong. They were horrendously wrong. country, a country in which the middle mon to see in my State of Vermont, They told us that unfettered free class is growing, where fewer people and all over this Nation, working peo- trade would create new jobs. Instead, are living in poverty, what we are see- ple working not at one job, not at two we have lost jobs. ing is more and more inequality in jobs in order to pay the bills, but in They told us that unfettered free terms of the distribution of wealth and more instance than we can imagine, trade would improve the standard of income. working three jobs, working incredible living of the middle-class. Instead, real Today, Mr. Speaker, the wealthiest 1 hours, not 40 hours but 50 hours, 60 wages have gone down. percent of the population owns more hours. Is this what the new global Let us be very clear: The decline of wealth than the bottom 95 percent. economy is all about, seeing men and manufacturing is one of the reasons That is right. The richest 1 percent women all over America working one, why our middle-class is shrinking and owns more wealth than the bottom 95 two, three jobs with minimal benefits? why wages for middle-class workers percent. Some people may think that is When I was growing up, the expecta- have declined. When we talk about the okay. Let me be frank. I do not think tion of being in the middle class, and I loss of 3 million jobs in the last 3 years, that that is right, that that is moral, know this is a very radical concept we should appreciate that 90 percent of that that is what this country should that some young people might find dif- those jobs were lost in manufacturing, be about. The CEOs of our largest cor- ficult to understand, but the concept and, with the loss of manufacturing porations today earn more than 500 then before computers, before the ex- jobs, we have seen a decline in real in- times what their employees are mak- plosion of technology, concept of being flation-accounted-for wages over the ing, 500 times. While workers are being in the middle class in those days was last 30 years. squeezed, being forced to pay more for that one person in a family could work Today, American workers in the pri- health insurance, while their pensions 40 hours a week and earn enough vate sector are earning 8 percent less are being cut back, the CEOs of large money to pay the bills and take care of than they were in 1973; 8 percent less. corporations in many instances make his or her family. Imagine what a rad- Now, just think about that for a mo- out like bandits. And I am not just ical idea that was, one person. The re- ment. In the last 30 years there has

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.224 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10555 been a revolution in technology. We all 1979 to 1997, which are the latest figures having the capability of bringing their know that. We all know what com- that I have seen. The drop for women Chinese-made products back into this puters have done, what e-mail has during that period was only 18 percent. country tariff-free, why would Amer- done, what faxes have done, what cell How did that happen? Why did that ican multinational corporations not phones and satellite communications happen? Well, the answer is fairly obvi- shut down? Why would they not shut have done. We know what robotics in ous. Twenty-five years ago, 30 years down their plants in this country and factories have done. In other words, we ago, if you graduated high school you move to China? It does not take a ge- are a much more productive Nation had, as often as not, the opportunity to nius to figure out that that is what than we were 30 years ago. Almost go to work in manufacturing. You did they would do, and that is what they every worker is producing more. not get rich, but you were able to make are doing. Given that reality, that we have new a living, you were able to have decent Should anyone be surprised that Mo- tools that make us more productive, health care and other benefits. torola eliminated 42,000 American jobs why is it that the average worker in But with the decline of manufac- in 2001 while investing $3.4 billion in the private sector today is earning 8 turing, what job opportunities are now China, or that it plans to invest $10 bil- percent less than he or she was earning open to young workers who do not have lion there by 2006? in 1973? This is a major issue that we a college degree? Well, everybody Who is shocked that General Electric have got to put up there on the radar knows what is open. They can go to has thrown hundreds of thousands of screen, and an issue that needs to be work at McDonald’s for the minimum American workers out on the street in discussed all over our country. wage, or a little bit more than that, or the last 30 years, while investing $1.5 Let us be honest about it: Manufac- they can go to work at Wal-Mart. But billion in China? From 1978 to 1995, GE turing in this country today is in a the sad truth is that those jobs do not eliminated 269,000 jobs in the United state of collapse. In the last 3 years, we pay anything close to a living wage. States. Meanwhile, of course, its have lost 2.7 million manufacturing What I think can best show what is former CEO, Jack Welch, managed to jobs, which comprise 16 percent of the happening in our economy today is put together an estimated fortune of total; 16 percent of manufacturing jobs that not so many years ago the largest some $900 million for himself. have been lost in the last 3 years. employer in the United States was Boeing has laid off 135,000 American In my own small State of Vermont, General Motors, and workers who work workers. In the last 30 years, General the third smallest State in the coun- at General Motors today and worked at Motors has shrunk their U.S. work- try, we have lost some 8,700 manufac- General Motors 20 years ago earned a force by 250,000. IBM, another major turing jobs between January 2001 and living wage with decent benefits. corporation, has signed deals to train August 2003. And here is the tragedy: Today, Mr. Speaker, our largest em- 100,000 software specialists in China When we talk about the loss of manu- ployer is Wal-Mart. And that is what over a 3-year period. Honeywell has facturing jobs, we are talking about has happened to the American econ- built 13 factories in China. Ethan Allen the loss of decent-paying jobs, often omy. We have gone from a General Mo- Furniture, which does business in my with decent benefits. tors economy to a Wal-Mart economy, State, has cut jobs at three sawmills In Vermont, for example, on average, where people earn low wages and mis- and 17 U.S. manufacturing plants. No- someone working in manufacturing erable benefits. Today, Wal-Mart em- body, nobody, should be surprised at makes over $42,000 a year. That is a de- ployees earn $8.23 per hour, or $13,800 those developments. cent income. When that employee loses annually, wages which are below the China, for American multinational his or her job, when that job goes to poverty level. corporations, is a great place to do China, in almost every instance the In other words, the largest employer business, if by ‘‘doing business’’ we new job that is acquired by that work- in America, Wal-Mart, now pays work- mean making products for export back er pays less and provides lower bene- ers wages that are below the poverty into the United States that companies fits. level. Many of these workers qualify previously made here. Not only are Mr. Speaker, in 2002, the United for Federal food stamp programs, wages extremely low in China, 30, 40, 50 States had a $435 billion trade deficit; a which means that Wal-Mart is being di- cents an hour, but if workers attempt $435 billion trade deficit. This year, the rectly subsidized by U.S. taxpayers. to stand up for their rights and they trade deficit with China alone, one They pay inadequate wages, workers try to form a union, they get arrested. country, China, is expected to be $120 cannot make it, the Federal Govern- They go to jail. billion, and that number is projected to ment subsidizes Wal-Mart and allows That is a great place to do business. go up and up and up in future years. those workers to get food stamps. In the United States we have environ- In recent years we have seen the Wal-Mart, as you know, has been mental standards. Factories, plants trade deficit rise from $11.5 billion in sued by 27 States for not paying the cannot throw their garbage into the air 1990 to $49 billion in 1997 to $120 billion overtime pay their workers are enti- and into our waterways. Not in China, this year. And here is what is scary; tled to, and, recently, on the front which is rapidly becoming one of the the National Association of Manufac- pages of our newspapers, Federal most polluted countries in the world. turers estimates that if present trends agents raided their headquarters and 60 It is a great place to do business: Low continue, our trade deficit with China of their stores across the country, ar- wages, people go to jail when they form will go up to $330 billion in 5 years. resting 300 illegal workers in 21 States. unions. If people stand up and protest Now, our disastrous trade policy is That is the largest employer in the against their former government, they not only costing us millions of decent- United States of America. go to jail. Massive pollution. What a paying jobs, it is squeezing wages. It is That is what the transformation of wonderful place to go and support the lowering the wages for the average per- the American economy is all about. We authoritarian government in China. son. Many employers are making it have gone from an economy where very clear that if workers do not take workers used to work producing real b 2245 cuts in their health care coverage or do products, making middle-class wages Mr. Speaker, I want to read a quote, not take cuts in wages, that they will with good benefits, to a Wal-Mart econ- and I think some of our Members and move operations to China, to Mexico, omy, where our largest employer now Americans will really be quite sur- or elsewhere. pays workers poverty wages with mini- prised by this quote, but I think it One of the areas where people are mal benefits and has a huge turnover. needs to be brought out, and it needs to most severely hurt is among the young Frankly, Mr. Speaker, in hindsight, be discussed, because this is what is entry level workers, people without a it did not take a genius to predict that going on in America today. This is a college education. unfettered free trade with China would quote from Jeffrey Immelt, who is the Mr. Speaker, for entry level workers be a disaster. Many of us have been chairman and CEO of General Electric, without a college level education, the saying that right here on this floor for obviously one of the largest corpora- real wages, that is, inflation-ac- years. With educated, hard-working tions not only in America, but in the counted-for wages, that they receive Chinese workers available at 30, 40, 50 world, and this is what he said at an in- have dropped by over 28 percent from cents an hour, and with corporations vestor meeting on December 6, 2002, a

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.226 H06PT1 H10556 CONGRESSIONAL RECORD — HOUSE November 6, 2003 little less than a year ago. This is the Angeles; more often than not, they are Now, let me be very clear, Mr. Speak- chairman of General Electric: ‘‘When I going to be talking to somebody in er. The United States needs to have a am talking to GE managers, I talk India. That is who we are going to be strong and positive relationship with China, China, China, China, China. You talking to, more and more. And that China. I very much respect the Chinese need to be there. You need to change whole phenomenon of outsourcing in- people, and I am not here attacking the way people talk about it and how formation technology jobs is happening China. I am here saying that the Presi- they get there. I am a nut on China. more and more. dent of the United States, corporate Outsourcing from China is going to According to Forester Research, a America, and the United States Con- grow to $5 billion. We are building a major consultant on this issue, they gress have sold out the American work- tech center in China. Every discussion say, ‘‘Over the next 15 years, 3.3 mil- er. China is doing fine. We do not have today has to center on China. The cost lion U.S. service industry jobs and $136 to criticize them. They are doing very, basis is extremely attractive. You can billion in wages will move offshore. very well. They just sent a man into take an 18 cubic foot refrigerator, The information technology industry space. Their economy is exploding. The make it in China, land it in the United will lead the initial overseas exodus.’’ problem is not China. The problem is States, and land it for less than we can That is from Forester Research. that corporate America, and all of make an 18 cubic foot refrigerator According to Booz Allen Hamilton, their money, have influenced the today, ourselves.’’ Jeffrey Immelt, companies can lower their costs by as United States Congress and the Presi- Chairman, CEO of General Electric. much as 80 percent by shifting tasks dent of the United States. And not just There it is. This is not an American such as computer programming, ac- this President, but Mr. Clinton, but company; this is a company prepared counting, and procurement to China. Bush the first, but Ronald Reagan be- to sell out every American worker and That is your job going abroad. Among fore him, into a trade policy which is a run to China where they can exploit many other companies moving high- disaster. people there and bring that product tech jobs abroad is Microsoft, which is The bottom line is that American spending $750 million over the next 3 back into this country tariff-free. And workers should not and cannot be years on research and development and it is not just General Electric. I quoted asked to compete against desperate outsourcing in China. people who make 30 cents or 40 cents GE. I could have quoted a dozen other Recently, Intel Corporation Chair- an hour. That is wrong. corporations. man Andy Grove warned that the U.S. Now, trade in itself is a good thing. I Mr. Speaker, the trade problem with could lose the bulk of its information am not anti-trade. But we need a trade China is now so severe that it is not technology jobs to overseas competi- policy, and I know how heretical it is only a question of companies located in tors in the next decade, largely to to say this, but we actually need a the United States moving to China, but India and China. trade policy that works for America it is companies located in Mexico mov- In other words, Mr. Speaker, not only and not just large multinational cor- ing to China. Everyone knows that has unfettered free trade cost us much porations. We need a trade policy that Mexican wages are a fraction of the of our textile industry, our footwear is fair for the American workers. We wages in the United States, but for industry, our steel industry, our tool want to export our products that are many American corporations and and die industry, our electronics indus- manufactured by American workers, international corporations, wages in try, our furniture industry, as well as not export the jobs that American Mexico are too high, which is why hun- many, many other industries, it is now workers have. When the New York dreds of factories have shut down there going to cost us, unless we change it, Yankees are engaged in trade, they do and have gone to China, causing major millions of high-tech information tech- not engage in free trade by which they problems for Mexico. Mexico cannot nology jobs as well. trade their best ball player for a third- compete with China, and we signed a Mr. Speaker, I want to place into the string, minor leaguer, they do not do trade agreement with them which says RECORD a recent press release from the that. The United States has the most that American workers are supposed to University of California at Berkeley. lucrative market in the world, and we compete against the desperate people Its headline is, ‘‘UC Berkeley Study are giving it away. Let us engage in of that country. Assesses Potential Impacts of Second trade that works for us, that works for Over the years, advocates of unfet- Wave of Outsourcing Jobs From the the other side; not engage in trade tered free trade have tried to gloss over U.S.,’’ and this is the way it begins: ‘‘A which is decimating American manu- the bad news about the decline in fac- ferocious new wave of outsourcing of facturing and increasingly, high-tech tory employment by promising that a white collar jobs is sweeping the jobs. new high-tech economy was in the United States. According to a new Now is not the time to engage in an making. It would be a new economy in study published by the University of accelerated race to the bottom. We which millions of workers, young peo- California Berkeley, researchers say should be talking about how wages go ple, would be able to be sitting in clean the trend could leave as many as 14 up, not down; how poverty is elimi- offices, working behind their com- million service jobs in the United nated, not increased. And that is why puters, earning $50,000, $60,000, $70,000 a States vulnerable. Study authors, who we need to change our trade policies, year. We do not have to worry about are both researchers at the Fisher Cen- and that is why, Mr. Speaker, I have those old factory jobs, let them go to ter for Real Estate and Urban Econom- introduced H.R. 3228, which would re- China and Mexico, because we have all ics housed at UC Berkeley’s Haas peal permanent Normal Trade Rela- of these high-tech jobs that are going School of Business, say that not all of tions with China. Let us get it out in to pay people really good wages. That the jobs are likely to be lost, but they the open. Let us not be talking about is what they told us. Do not worry note that jobs remaining in the United currency. It is important, but it is not about blue collar jobs, we have the States could be subject to pressure to the major issue. The major issue is white collar jobs. lower wages, and that the jobs that that our trade agreement with China, Unfortunately, Mr. Speaker, the ad- leave may slow the Nation’s job growth permanent normalized trade relations vocates of free trade are wrong again. or generate losses in related activities. is a disaster. We have to repeal it, and We now know that blue collar manu- What are those jobs? Well, if you are then we can engage in a fair trade facturing jobs are not the only cas- a telephone operator, watch out. If you agreement with China and with other ualty of unfettered free trade. Esti- deal with health records, if you are a countries. mates are that some 50,000 to 60,000 payroll clerk, if you are a legal assist- I am very happy, Mr. Speaker, to tell high-tech, white collar jobs have been ant or a paralegal, if you are an ac- my colleagues that since we have in- lost in this country in the last 2 years, countant, if you are a financial re- troduced that legislation just a few and that many of them have ended up search analyst, if you work behind a weeks ago, we have garnered 54 cospon- in India. When Americans argue with computer, there are folks in India, sors and it is strongly bipartisan, 14 the phone company about whether there are folks in China who can do Republicans are on board that legisla- their phone bill is right or wrong, they that job for a fraction of the pay that tion right now, and I appreciate that. are not going to be talking to some- you are being paid, and your boss is in- We have a tripartisan piece of legisla- body in Boston, New York City or Los terested in taking that job there. tion, and it is something that I know

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.229 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10557 the American people support. If any And I wonder how it is that in this cause they cannot afford the deductible person in the House of Representatives great institution we can lower taxes and the copayment. And doctors will or elsewhere wants to learn more about for billionaires, but I have not heard tell you that the patients they are see- that legislation, we have written it up one word from the President of the ing today are far sicker than the pa- on our Web site which is United States about the need to raise tients they used to see because people www.bernie.house.gov. We have a lot of the minimum wage above the pathetic simply cannot afford payments out of information there about trade and level of $5.15 an hour. their own pocket. many other important information Now, how does somebody survive who In my mind, the only solution to our about what is going on in Congress. makes $5.15 an hour or $6 an hour. Does health care crisis, the only right thing Mr. Speaker, when we talk about the anybody care? Well, I will tell you how to do to really address the disintegra- decline of the middle class, when we some of them do it. After working 40 tion of our health care system is to do talk about unemployment going up, hours a week, some of these workers, what every other major industrialized wages going down, the loss of decent- full-time employees, go to sleep, not in nation on Earth has done, and that is paying jobs, we should also talk about their houses, not in their apartments, to move toward a national health care what is happening to the quality of life but in their automobiles because they system which guarantees health care of so many people in our country. We cannot afford the housing units that to every man, woman, and child as a should recognize that the average are available in their region. right of citizenship. American today is working incredibly And what, Mr. Speaker, about the The reality of our health care non- long hours in order to pay the bills. 43.6 million Americans who lack any system is not only that 43 million Today, in fact, the average American health insurance at all? What happens Americans are uninsured, not only that employee works, by far, the longest to those people? That is over 15 percent more and more are underinsured, not hours of any worker in the industri- of our population. And what about the only that we pay the highest prices in alized world, and that situation is get- 31⁄2 million people who will experience the world for prescription drugs; but ting worse. homelessness this year, 1.3 million of the reality is that this system is the According to statistics from the them children? And what about our el- most wasteful and bureaucratic system International Labor Organization, the derly citizens who cannot afford their in the world. Many people do not know average American last year worked prescription drugs, who shrug their this, but in the United States we 1,978 hours, up from 1,942 hours in 1990. shoulders and nod their heads when spends twice as much as the Canadians, That is an increase of almost 1 week of doctors write out a prescription be- three times as much per person as the work. Since 1990, the average American cause they do not have the money to United Kingdom spends. And those is now working an additional week a fill those prescriptions? How many of countries provide health care to all of year. them die? How many of them see a de- their people. Now, I see those workers in the State terioration in their health? And study after study shows that if of Vermont and I see them all over the And what about the veterans, the we moved toward a single-pay national country. They are stressed out. They veterans who have put their lives on health care system, we can guarantee do not have enough vacation time. the line defending this country and health care to all of our people, quality They are working day and night just to then try to get into a VA hospital that health care, freedom of choice for the pay the bills. Again, we want to ask they are entitled to get into but they doctor that you want to go to and not ourselves this simple question: What is find out that they have to be placed on spend one penny more than we are cur- going on in our country when we have a waiting list? They were not placed on rently spending on our disintegrating increased productivity, more tech- a waiting list when they were going off nonsystem. And, Mr. Speaker, that is nology and, yet, more and more work- to fight, but now to get the health ben- what we have got to do. We can no ers earning lower real, inflation-ac- efits they are entitled to, they are longer tolerate the disgrace of tens of counted for wages, and they are work- placed on a waiting list. millions of people being uninsured, ing incredibly long hours? What is And just last year the President of people going bankrupt because they get going on in our economy? the United States, after giving huge The bottom line there is that we ill, people delaying going to the doctor. tax breaks to the richest 1 percent, In areas of this country dental care is have got to begin to create an economy threw over 150,000 veterans off of VA a disaster. Children have rotting teeth that works for the middle class and not health care. Tax breaks for billion- in their mouths because there are no just for the very, very rich. We have to aires, inadequate funding for our vet- dentists who will treat them or den- create an economy where people are erans. tists available in the area. We need to earning more income so they can work In the last several years we have seen fewer hours, so they have more time to finally move toward a national health huge increases in health insurance spend in leisure and with their kids and care system and make health care a costs. And with the increase of unem- with their families. right of all people. I have talked, Mr. Speaker, about ployment, we have seen more and more Now, Mr. Speaker, those are some of what is going on with the middle class. working people lose their health insur- the problems facing our country. Pov- I have talked a little bit about the con- ance. And what happens to those peo- erty is increasing. Middle class is version from a manufacturing society, ple? What happens if you have no shrinking. Rich are growing richer. a General Motors society to a service health insurance and you have an auto- Large corporations and their CEOs, industry economy, a Wall Street econ- mobile accident and you end up in the while they hide behind the American omy. But let us look for a moment at hospital? Well, I tell you what happens. flag and they tell us how much they those people who are not even in the You go bankrupt. And the largest sin- love America, they are prepared to middle class. They have not made it gle cause of bankruptcy, personal throw millions of American workers into the middle class, those people who bankruptcy in this country are for peo- out on the street and move to an au- are living in poverty. Sadly, Mr. ple who cannot pay the medical costs thoritarian China because they can Speaker, while the rich become richer, that have been generated because of an make more money there. 1.3 million more Americans became accident or an illness. Now, I wish I could say, Mr. Speaker, poor and entered poverty just in the Mr. Speaker, our health care system that the Bush administration is in any last year. today is a disgrace and is in a state of rational way responding to these prob- disintegration. More and more people lems. But I think it really would be im- b 2300 are uninsured and more and more peo- possible to say that. Instead of address- We now have 34.8 million people who ple are underinsured, that is, they have ing the very serious problems facing now live in poverty. In the midst of to pay higher and higher copayments, our veterans, facing our children, fac- those people, Mr. Speaker, and what is higher and higher deductibles, higher ing public education, facing the fact happening, people we have got to ask and higher premiums. There are mil- that middle-class families are finding about the 11 million Americans who lions of Americans today who have in- it harder and harder to send their kids are trying to survive on the pathetic surance, but who hesitate to go to the to college, instead of addressing the minimum wage of $5.15 an hour. doctor when they should be going be- crisis of the high cost of prescription

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.230 H06PT1 H10558 CONGRESSIONAL RECORD — HOUSE November 6, 2003 drugs, the proudest achievement of the I think that is one of the reasons why think the Speaker should give us a Bush administration is huge tax this national debt is going up, so the vote. breaks, 40 percent of which went to the President and future Presidents will be f wealthiest 1 percent. able to say we can no longer afford to RECESS And in the midst of all of this, in the maintain Social Security; let us pri- midst of workers working longer hours vatize it. We can no longer afford to The SPEAKER pro tempore (Mr. for lower wages, the decline of manu- protect Medicare; let us privatize it. PEARCE). Pursuant to clause 12(a) of facturing, the Bush administration, if Let us do away with Medicaid. Let us rule I, the Chair declares the House in one can believe it, is now attacking do away with the Veterans Administra- recess subject to the call of the Chair. overtime pay for American workers. tion. Let us do away with Pell grants. Accordingly (at 11 o’clock and 16 Can you imagine that? Attacking over- We cannot afford it. I think what this minutes p.m.), the House stood in re- time pay for American workers and administration is doing, and this is the cess subject to the call of the Chair. trying to undo laws that have been on most right-wing administration in f the books for decades which say that if modern history, is essentially trying to EXECUTIVE COMMUNICATIONS, you work over 40 hours a week you will remove all of the protections that the ETC. get time and a half. elderly, the poor, the sick, and the Under clause 8 of rule XII, executive I am very proud that a number of Re- young have and were won over the last communications were taken from the publicans joined many of us Demo- 100 years. That is what I think is going Speaker’s table and referred as follows: crats, Independents, on the floor of this on, and I think that is a very, very dan- House to say that that is wrong and 5101. A letter from the Administrator, gerous trend. AMS, Department of Agriculture, transmit- that in fact we were not going to cut Mr. Speaker, let me conclude my re- back on the overtime pay that workers ting the Department’s final rule—Fresh marks by mentioning that this week- Bartlett Pears Grown in Oregon and Wash- earn and deserve. end I am going to be going to Madison, Now, when we talk about the Bush ington; Increased Assessment Rate [Docket Wisconsin, to participate in a major No. FV03-931-1 FR] received November 3, administration, we should also point media conference where we expect 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the out a very strange irony. The President some 1,500 people from all over the Committee on Agriculture. considers himself a conservative. That country. I want to congratulate some 5102. A letter from the Administrator, is fine. But, generally speaking, con- AMS, Department of Agriculture, transmit- of the organizers of that conference, servatives have told us over and over ting the Department’s final rule—Processed Bob McChesney, John Nichols and again, year after year after year, what Fruits and Vegetables—received November 3, many others for putting it together. a terrible thing it is to grow the deficit 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the The issue that they are going to be and grow the national debt because Committee on Agriculture. talking about and I will be talking 5103. A letter from the Administrator, when you do that they have told us, about is the danger that faces our AMS, Department of Agriculture, transmit- and they were right, you are simply country when a handful of huge media ting the Department’s final rule—National passing on today’s problems to our Organic Program; Amendments to the Na- conglomerates increasingly own and children and our grandchildren. Over tional List of Allowed and Prohibited Sub- control what we see, hear, and read. and over again I have heard from these stances [Docket Number TM-02-03] (RIN: On June 2, the FCC by a 3–2 vote podiums right here how terrible it is to 0581-AC19) received November 3, 2003, pursu- voted to make a bad situation worse grow the deficit. Well, guess what? We ant to 5 U.S.C. 801(a)(1)(A); to the Committee and to allow even fewer large media now have the largest deficit this year on Agriculture. conglomerates to control more and 5104. A letter from the Congressional Re- in modern American history and the more media. That certainly will be one view Coordinator, APHIS, Department of Ag- largest national debt that we have ever of the many issues that that con- riculture, transmitting the Department’s had. final rule—Mexican Fruit Fly; Removal of ference will be dealing with. b 2310 Regulated Area [Docket No. 02-129-4] re- I believe it is a very frightening day ceived October 30, 2003, pursuant to 5 U.S.C. In the midst of that and accelerating for democracy when so few large cor- 801(a)(1)(A); to the Committee on Agri- that deficit and accelerating that na- porations control so much of the flow culture. tional debt are the huge tax breaks of information in this country. And if 5105. A letter from the Secretary, Depart- that the President and the Republican we are not able to overturn that FCC ment of Defense, transmitting a letter on the leadership have given to the wealthy. decision, and I and many of us are approved retirement of Lieutenant General Now some people, many conserv- working hard on that, the day could Joseph M. Cosumano, Jr., United States Army, and his advancement to the grade of atives, they say why would a conserv- come in the not-too-distant future lieutenant general on the retired list; to the ative President grow the deficit and where in a community like Burlington, Committee on Armed Services. grow the national debt. That is not Vermont, you can have one company 5106. A letter from the Secretary, Depart- conservative. Let me suggest my view owning the major television station, ment of Defense, transmitting a letter on the as to why they are doing that. We can the major newspaper, and a number of approved retirement of Lieutenant General all understand that if the wealthy con- radio stations. That is one of the rules John S. Caldwell, Jr., United States Army, tribute large amounts of money, you that was undone; the prevention of and his advancement to the grade of lieuten- are going to give them a tax break. I that was one of the rules that the FCC ant general on the retired list; to the Com- mittee on Armed Services. think that is obscene, but that is noth- just eliminated. 5107. A letter from the Legislative and Reg- ing new; that is politics. But there is Now the good news is that the United ulatory Activities Division, Office of the something more cynical going on here. States Senate, the other body, voted Comptroller of the Currency, Department of That is, I believe, by driving up the na- for a resolution of disapproval against the Treasury, transmitting the Department’s tional debt and the deficit, what the that by a 55–40 vote. Liberals and con- final rule—Risk-Based Capital Guidelines; President is saying is that we will be so servatives came together, Republicans Capital Adequacy Guidelines; Capital Main- deeply in debt that we have got to tear and Democrats came together and said tenance: Interim Capital Treatment of Con- apart many of the important social that is not what media should become solidated Asset-Backed Commercial Paper Program Assets [Docket No. 03-21] (RIN: 1557- programs that have protected tens and in America. AC76); Federal Reserve System [Regulations tens and millions of Americans. Mr. Speaker, I have a letter which H and Y; Docket No. R-1156]; Federal Deposit It is my opinion that in many re- has 205 signatures on it for the Speaker Insurance Corporation (RIN: 3064-AC74); Of- spects this President wants to undue of the House, and it says to the Speak- fice of Thrift Supervision [No. 2003-48] (RIN: many of the major gains that were won er, let the U.S. House of Representa- 1550-AB79) received October 30, 2003, pursuant by working people over the last 100 tives have a vote on doing what the to 5 U.S.C. 801(a)(1)(A); to the Committee on years and bring us back to the 19th other body did. Let us also have the op- Financial Services. century where workers had no guaran- portunity to vote for a resolution of 5108. A letter from the Assistant Secretary, Office of Special Education and Rehabilita- tees, and when trouble struck them disapproval regarding the FCC deci- tive Services, Department of Education, and their families, they were dependent sion. Three million Americans have transmitting the Department’s final rule— on charity and the largess of the contacted the FCC, and I think we Rehabilitation Continuing Education Pro- wealthy. should listen to those Americans, and I grams (RIN: 1820-ZA14) received October 30,

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\K06NO7.233 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10559 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Energy and 5125. A letter from the Associate Bureau Committee on Education and the Workforce. Commerce. Chief, WTB, Federal Communications Com- 5109. A letter from the Director, Regula- 5117. A letter from the Senior Legal Advi- mission, transmitting the Commission’s tions Policy and Management Staff, Food sor to the Bureau Chief, Media Bureau, Fed- final rule—Amendment of Part 1 of the Com- and Drug Administration, Department of eral Communications Commission, transmit- mission’s Rules—Competitive Bidding Proce- Health and Human Services, transmitting ting the Commission’s final rule—Amendmet dures [WT Docket No. 97-82] received October the Department’s final rule—Skin of Section 73.202(b) Table of Allotments, FM 31, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Pretectant Drug Products for Over-the- Broadcast Stations (Dickens, Texas) [MB the Committee on Energy and Commerce. Counter Human Use; Astringent Drug Prod- Docket No. 02-258; RM-10500]; (Floydada, 5126. A letter from the Attorney Advisor, ucts; Final Monograph; Direct Final Rule; Texas) [MB Docket No. 02-259; RM-10501]; Federal Communications Commission, trans- Confirmation of Effective Date [Docket No. (Rankin, Texas) [MB Docket No. 02-262; RM- mitting the Commission’s final rule— 78N-021A] (RIN: 0910-AA01) received October 10504]; (San Diego, Texas) [MB Docket No. 02- Amendment of the Commission’s Rules Re- 30, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to 264; RM-10505]; (Westbrook, Texas) [MB garding Multiple Address Systems [WT the Committee on Energy and Commerce. Docket No. 02-265; RM-10556] received Octo- Docket No. 97-81] received October 31, 2003, 5110. A letter from the Director, Regula- ber 31, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tions Policy and Management Staff, Food to the Committee on Energy and Commerce. mittee on Energy and Commerce. and Drug Administration, Department of 5118. A letter from the Senior Legal Advi- 5127. A letter from the Attorney Advisor, Health and Human Services, transmitting sor to the Chief, Mass Media Bureau, Federal Federal Communications Commission, trans- the Department’s final rule—Iron-Containing Communications Commission, transmitting mitting the Commission’s final rule— Supplements and Drugs; Label Warning the Commission’s final rule—Amendment of Amendment of Section 90.20(e)(6) of the Com- Statements and Unit-Dose of Packaging Re- Section 73.202(b), Table of Allotments, FM mission’s Rules to revise the Authorized quirements; Removal of Regulations for Broadcast Stations (Cobleskill and Saint Duty Cycle on 173.075 MHz [WT Docket No. Unit-Dose Packaging Requirements; Re- Johnsville, New York) [MM Docket No. 00-40; 01-97; RM-9798] received October 31, 2003, pur- moval of Regulations for Unit-Dose Pack- RM-9824] received October 31, 2003, pursuant suant to 5 U.S.C. 801(a)(1)(A); to the Com- aging for Dietary Supplements and Drugs to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Energy and Commerce. [Docket Nos. 91P-018 6 and 93P-0306] received Energy and Commerce. 5128. A letter from the Attorney Advisor, November 3, 2003, pursuant to 5 U.S.C. 5119. A letter from the Legal Advisor, Wire- Federal Communications Commission, trans- 801(a)(1)(A); to the Committee on Energy and less Telecommunications Bureau, Federal mitting the Commission’s final rule—the De- Commerce. Communications Commission, transmitting velopment of Operational, Technical and 5111. A letter from the Regulations Coordi- the Commission’s final rule—Revision of the Spectrum Requirements for Meeting Fed- nator, OP/RPMS, Food and Drug Administra- Commission’s Rules To Ensure Compat- eral, State and Local Public Safety Commu- tion, Department of Health and Human Serv- ibility with Enhanced 911 Emergency Calling nication Requirements Through the Year ices, transmitting the Department’s final Systems [CC Docket No. 94-102]; Non- 2010 [WT Docket No. 96-86] received October rule—Control of Communicable Diseases; Re- Initialized Phones [RM-8143] received Octo- 31, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to strictions on African Rodents, Prairie Dogs, ber 31, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); the Committee on Energy and Commerce. 5129. A letter from the Attorney Advisor, and Certain Other Animals [Docket No. to the Committee on Energy and Commerce. Federal Communications Commission, trans- 2003N-0400] (RIN: 0910-ZA21) received Novem- 5120. A letter from the Legal Advisor, mitting the Commission’s final rule—the 4.9 ber 3, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); Media Bureau, Federal Communications GHz Band Transferred from Federal Govern- to the Committee on Energy and Commerce. Commission, transmitting the Commission’s 5112. A letter from the Senior Legal Advi- final rule—Digital Audio Broadcasting Sys- ment Use [WT Docket No. 00-32] received Oc- tober 31, 2003, pursuant to 5 U.S.C. sor to the Chief, Media Bureau, Federal Com- tems And Their Impact on the Terrestrial 801(a)(1)(A); to the Committee on Energy and munications Commission, transmitting the Radio Broadcast Service [MM Docket No. 99- Commerce. Commission’s final rule—Amendment of Sec- 325] received October 31, 2003, pursuant to 5 5130. A letter from the Attorney Advisor, tion 73.202(b) Table of Allotments, FM Broad- U.S.C. 801(a)(1)(A); to the Committee on En- Federal Communications Commission, trans- cast Stations (Cambria, California) [MB ergy and Commerce. mitting the Commission’s final rule—Imple- 5121. A letter from the Deputy Chief, CGB, Docket No. 03-182; RM-10757] received Octo- mentation of Sections 309(j) and 337 of the Federal Communications Commission, trans- ber 31, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); Communications Act of 1934 as Amended [WT mitting the Commission’s final rule—Tele- to the Committee on Energy and Commerce. Docket No. 99-87]; Promotion of Spectrum 5113. A letter from the Senior Legal Advi- communications Relay Services, and Speech- Efficient Technologies on Certain Part 90 sor to the Bureau Chief, Media Bureau, Fed- to-Speech Services for Individuals with Frequencies [RM-9332]; Establishment of eral Communications Commission, transmit- Hearing and Speech Disabilities [CC Docket Public Service Radio Pool in the Private Mo- ting the Commission’s final rule—Amend- No. 98-67] received October 31, 2003, pursuant bile Frequencies Below 800 MHz [RM-9405]; ment of Section 73.202(b) Table of Allot- to 5 U.S.C. 801(a)(1)(A); to the Committee on Petition for Rule Making of The American ments, FM Broadcast Stations (Wright City, Energy and Commerce. Mobile Telecommunications Association 5122. A letter from the Deputy Chief, CGB, Oklahoma) [MM Docket No. 01-255; RM-10265] [RM-9705] received October 31, 2003, pursuant Federal Communications Commission, trans- received October 31, 2003, pursuant to 5 to 5 U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 801(a)(1)(A); to the Committee on En- mitting the Commission’s final rule—Provi- Energy and Commerce. ergy and Commerce. sion of Improved Telecommunications Relay 5131. A letter from the Attorney Advisor, 5114. A letter from the Senior Legal Advi- Services and Speech-to-Speech Services for Federal Communications Commission, trans- sor to the Bureau Chief, Media Bureau, Fed- Individuals with Hearing and Speech Disabil- mitting the Commission’s final rule—1998 Bi- eral Communications Commission, transmit- ities [CC Docket No. 98-67]; Petition for Clar- ennial Regulatory Review--47 C.F.R. Part ting the Commission’s final rule—Amend- ification of WorldCom, Inc.—received Octo- 90—Private Land Mobile Radio Services [WT ment of Section 73.202(b), Table of Allot- ber 31, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); Docket No. 98-182; RM-9222] received October ments, FM Broadcast Stations (Charles to the Committee on Energy and Commerce. 31, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Town, West Virginia and Stephens City, Vir- 5123. A letter from the Chief, Policy and the Committee on Energy and Commerce. ginia) [MB Docket No. 03-12; RM-10627] re- Rules Division, OET, Federal Communica- 5132. A letter from the Associate Bureau ceived October 31, 2003, pursuant to 5 U.S.C. tions Commission, transmitting the Com- Chief, WTB, Federal Communications Com- 801(a)(1)(A); to the Committee on Energy and mission’s final rule—Amendment of Parts 2, mission, transmitting the Commission’s Commerce. 73, 74, 80, 90, and 97 of the Commission’s final rule—2000 Biennial Regulatory Review- 5115. A letter from the Senior Legal Advi- Rules to Implement Decisions from World Spectrum Aggregation Limits for Commer- sor to the Chief, Media Bureau, Federal Com- Radiocommunication Conferences Con- cial Mobile Radio Services [WT Docket No. munications Commission, transmitting the cerning Frequency Bands Below 28000 kHz 01-14; FCC 01-328] received October 31, 2003, Commission’s final rule—Amendmet of Sec- [ET Docket No. 02-16] received October 31, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tion 73.202(b) Table of Allotments, FM Broad- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Energy and Commerce. cast Stations (Crowell, Texas) [MB Docket Committee on Energy and Commerce. 5133. A letter from the Associate Bureau No. 03-168; RM-10747]; (Florien, Louisiana) 5124. A letter from the Associate Bureau Chief, WTB, Federal Communications Com- [MB Docket No. 03-169; RM-10748] received Chief, WTB, Federal Communications Com- mission, transmitting the Commission’s October 31, 2003, pursuant to 5 U.S.C. mission, transmitting the Commission’s final rule—Cellular Service and Other Com- 801(a)(1)(A); to the Committee on Energy and final rule— Amendment of the Commission’s mercial Mobile Radio Services in the Gulf of Commerce. Rules To Establish New Personal Commu- Mexico [FCC 01-387] received October 31, 2003, 5116. A letter from the Senior Legal Advi- nications Services, Narrowband PCS; Imple- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sor to the Chief, Media Bureau, Federal Com- mentation of Section 309(j) of the Commu- mittee on Energy and Commerce. munications Commission, transmitting the nications Act—Competitive Bidding, 5134. A letter from the Associate Bureau Commission’s final rule—Amendment of Sec- Narrowband PCS [GEN Docket No. 90-314, ET Chief, WTB, Federal Communications Com- tion 73.202(b) Table of Allotments, FM Broad- Docket No. 92-100 and PP Docket No. 93-253; mission, transmitting the Commission’s cast Stations (Lamont and McFarland, Cali- FCC 01-135] received October 31, 2003, pursu- final rule—Implementation of Competitive fornia) [MB Docket No. 03-64; RM-10672] re- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Bidding Rules to License Certain Rural Serv- ceived October 31, 2003, pursuant to 5 U.S.C. on Energy and Commerce. ice Areas [WT Docket No. 01-32; FCC-02-09]

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\L06NO7.000 H06PT1 H10560 CONGRESSIONAL RECORD — HOUSE November 6, 2003 received October 31, 2003, pursuant to 5 5145. A letter from the Director, Office of 5154. A letter from the Paralegal Spe- U.S.C. 801(a)(1)(A); to the Committee on En- Surface Mining, Department of the Interior, cialist, FAA, Department of Transportation, ergy and Commerce. transmitting the Department’s final rule— transmitting the Department’s final rule— 5135. A letter from the Attorney Advisor, Wyoming Regulatory Program [WY-031-FOR Airworthiness Directives; Raytheon Aircraft Wireless Telecommunications Bureau, Fed- Rule Package 1J] received November 3, 2003, Company 90, 100, and 200 Series Airplanes eral Communications Commission, transmit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [Docket No. 2002-CE-45-AD; Amendment 39- ting the Commission’s final rule—The Devel- mittee on Resources. 13218; AD 2003-13-16] (RIN: 2120-AA64) received opment of Operational, Technical and Spec- 5146. A letter from the Chief, Regulations November 3, 2003, pursuant to 5 U.S.C. trum Requirements for Meeting Federal, and Administrative Law, Coast Guard, De- 801(a)(1)(A); to the Committee on Transpor- State and Local Public Safety Agency Com- partment of Homeland Security, transmit- tation and Infrastructure. munication Requirements Through the Year ting the Department’s final rule—Draw- 5155. A letter from the Paralegal Spe- 2010 [WT DOcket No. 96-86] received October bridge Operation Regulations; Great Channel cialist, FAA, Department of Transportation, 31, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Between Stone Harbor and Nummy Island, transmitting the Department’s final rule— the Committee on Energy and Commerce. NJ [CGD05-03-050] (RIN: 1625-AA-09) received Airworthiness Directives; MD Helicopters, 5136. A letter from the Acting Assistant October 31, 2003, pursuant to 5 U.S.C. Inc. Model 369A, D, E, H, HE, HM, HS, F, and Secretary for Export Administration, De- 801(a)(1)(A); to the Committee on Transpor- FF Helicopters [Docket No. 2003-SW-17-AD; partment of Commerce, transmitting the De- tation and Infrastructure. Amendment 39-13215; AD 2003-08-51] (RIN: partment’s final rule—Addition of 5147. A letter from the Chief, Regulations 2120-AA64) received November 3, 2003, pursu- Kazakhstan to the Nuclear Suppliers Group and Administrative Law, Coast Guard, De- ant to 5 U.S.C. 801(a)(1)(A); to the Committee (NSG), and other revisions [Docket No. partment of Homeland Security, transmit- on Transportation and Infrastructure. 031010256-3256-01] (RIN: 0694-AC90) received ting the Department’s final rule—Security 5156. A letter from the Paralegal Spe- November 3, 2003, pursuant to 5 U.S.C. Zone: Port Valdez and Valdez Narrows, cialist, FAA, Department of Transportation, 801(a)(1)(A); to the Committee on Inter- Valdez, AK [COTP Prince Wiliam Sound 03- transmitting the Department’s final rule— national Relations. 002] (RIN: 1625-AA00) received October 31, Airworthiness Directives; Agusta S.p.A. 5137. A letter from the Assistant Attorney 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Model A109K2 Helicopters [Docket No. 2003- General for Administration, Department of Committee on Transportation and Infra- SW-26-AD; Amendment 39-13198; AD 2003-12- Justice, transmitting the Department’s final structure. 13] (RIN: 2120-AA64) received November 3, rule—Privacy Act of 1974; Implementation 5148. A letter from the Chief, Regulations 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the [AAG/A Order No. 019-2003] received Novem- and Administrative Law, Coast Guard, De- Committee on Transportation and Infra- ber 5, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); partment of Homeland Security, transmit- structure. to the Committee on Government Reform. ting the Department’s final rule—Security 5157. A letter from the Paralegal Spe- 5138. A letter from the Deputy Associate Zone; Bayou Casotte, Chevron Pascagoula cialist, FAA, Department of Transportation, Administrator, Office of Acquisition Policy, Refinery Pascagoula, MS [COTP Mobile-03- transmitting the Department’s final rule— GSA, National Aeronautics and Space Ad- 022] (RIN: 1625-AA00) received October 31, Airworthiness Directives; Pratt & Whitney ministration, transmitting the Administra- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the PW4074, PW4074D, PW4077, PW4077D, PW4090, tion’s final rule—Federal Acquisition Regu- Committee on Transportation and Infra- and PW4090-3 Turbofan Engines [Docket No. lation; Contract Bundling [FAC 2001-17; FAR structure. 2003-NE-24-AD; Amendment 39-13211; AD 2003- Case 2002-029] (RIN: 9000-AJ58) received Octo- 5149. A letter from the Attorney, Office of 13-11] (RIN: 2120-AA64) received November 3, ber 30, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); the Secretary of Transportation, Depart- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the to the Committee on Government Reform. ment of Transportation, transmitting the Committee on Transportation and Infra- 5139. A letter from the Deputy Assistant Department’s final rule—Standard Time structure. Secretary, Fish and Wildlife and Parks, Na- Zone Boundry in the State of South Dakota: 5158. A letter from the Paralegal Spe- tional Park Service, Department of the Inte- Relocation of Jones, Mellette, and Todd cialist, FAA, Department of Transportation, rior, transmitting the Department’s final Counties [Docket No. OST-2003-15858] (RIN: transmitting the Department’s final rule— rule—New River Gorge National River Hunt- 2105-AD30) received November 3, 2003, pursu- Airworthiness Directives; Short Brothers ing Regulation (RIN: 1024-AD12) received No- ant to 5 U.S.C. 801(a)(1)(A); to the Committee and Harland Ltd. Models SC-7 Series 2 and vember 3, 2003, pursuant to 5 U.S.C. on Transportation and Infrastructure. SC-7 Series 3 Airplanes [Docket No. 2003-CE- 801(a)(1)(A); to the Committee on Resources. 5150. A letter from the Paralegal Spe- 15-AD; Amendment 39-13207; AD 2003-13-07] 5140. A letter from the Assistant Secretary cialist, FAA, Department of Transportation, (RIN: 2120-AA64) received November 3, 2003, for Fish and Wildlife and Parks, National transmitting the Department’s final rule— pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Park Service, Department of the Interior, Airworthiness Directives; Fairchild Aircraft, mittee on Transportation and Infrastruc- transmitting the Department’s final rule— Inc., SA226 Series and SA227 Series Airplanes ture. Glen Canyon National Recreation Area, PWC [Docket No. 2000-CE-45-AD; Amendment 39- 5159. A letter from the Paralegal Spe- Use (RIN: 1024-AC90) received November 3, 13313; AD 2003-19-10] (RIN: 2120-AA64) received cialist, FAA, Department of Transportation, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the November 3, 2003, pursuant to 5 U.S.C. transmitting the Department’s final rule— Committee on Resources. 801(a)(1)(A); to the Committee on Transpor- Airworthiness Directives; Goodrich Avionics 5141. A letter from the Assistant Secretary tation and Infrastructure. Systems, Inc. TAWS8000 Terrain Awareness for Fish and Wildlife and Parks, National 5151. A letter from the Paralegal Spe- Warning System [Docket No. 2003-CE-25-AD; Park Service, Department of the Interior, cialist, FAA, Department of Transportation, Amendment 39-13208; AD 2003-13-08] (RIN: transmitting the Department’s final rule— transmitting the Department’s final rule— 2120-AA64) received November 3, 2003, pursu- Special Regulations, Areas of the National Airworthiness Directives; Aerospatiale ant to 5 U.S.C. 801(a)(1)(A); to the Committee Park System; Saguaro National Park, Des- Model ATR42-200, -300, -320, and -500 Series on Transportation and Infrastructure. ignated Bicycle Routes (RIN 1024-AD10) re- Airplanes; and Model ATR72 Series Airplanes 5160. A letter from the Paralegal Spe- ceived November 3, 2003, pursuant to 5 U.S.C. [Docket No. 2001-NM-306-AD; Amendment 39- cialist, FAA, Department of Transportation, 801(a)(1)(A); to the Committee on Resources. 13298; AD 2003-18-07] (RIN: 2120-AA64) received transmitting the Department’s final rule— 5142. A letter from the Assistant Secretary November 3, 2003, pursuant to 5 U.S.C. Airworthiness Directives; Boeing Model 747 for Fish and Wildlife and Parks, National 801(a)(1)(A); to the Committee on Transpor- Series Airplanes [Docket No. 2003-NM-101- Park Service, Department of the Interior, tation and Infrastructure. AD; Amendment 39-13209; AD 2003-13-09] (RIN: transmitting the Department’s final rule— 5152. A letter from the Paralegal Spe- 2120-AA64) received November 3, 2003, pursu- Assateague Island National Seashore, Per- cialist, FAA, Department of Transportation, ant to 5 U.S.C. 801(a)(1)(A); to the Committee sonal Watercraft Use (RIN 1024-AD02) re- transmitting the Department’s final rule— on Transportation and Infrastructure. ceived November 3, 2003, pursuant to 5 U.S.C. Airworthiness Directives; Bombardier Model 5161. A letter from the Paralegal Spe- 801(a)(1)(A); to the Committee on Resources. CL-600-2B19 (Regional Jet Series 100 & 440) cialist, FAA, Department of Transportation, 5143. A letter from the Assistant Secretary Airplanes [Docket No. 2003-NM-54-AD; transmitting the Department’s final rule— for Fish and Wildlife and Parks, Fish and Amendment 39-13133; AD 2003-09-04] (RIN: Airworthiness Directives; Bombardier Model Wildlife Serivce, Department of the Interior, 2120-AA64) received November 3, 2003, pursu- DHC-8-102, -103, -106, -201, -202, -301, -311, and transmitting the Department’s final rule— ant to 5 U.S.C. 801(a)(1)(A); to the Committee -315 Airplanes [Docket No. 2001-NM-109-AD; Migratory Bird Permits; Regulations Gov- on Transportation and Infrastructure. Amendment 39-13288; AD 2003-17-13] (RIN: erning Rehabilitation Activites and Permit 5153. A letter from the Paralegal Spe- 2120-AA64) received November 3, 2003, pursu- Exceptions (RIN: 1018-AH87) received Novem- cialist, FAA, Department of Transportation, ant to 5 U.S.C. 801(a)(1)(A); to the Committee ber 3, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); transmitting the Department’s final rule— on Transportation and Infrastructure. to the Committee on Resources. Airworthiness Directives; Textron Lycoming 5162. A letter from the Paralegal Spe- 5144. A letter from the Director, Office of Fuel Injected Reciprocating Engines [Docket cialist, FAA, Department of Transportation, Surface Mining, Department of the Interior, No. 97-ANE-50-AD; Amendment 39-133222; AD transmitting the Department’s final rule— transmitting the Department’s final rule— 2003-14-03] (RIN: 2120-AA64) received Novem- Standard Instrument Approach Procedures; Texas Regulatory Program [TX-50-FOR] re- ber 3, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); Miscellaneous Amendments [Docket No. ceived Novmber 3, 2003, pursuant to 5 U.S.C. to the Committee on Transportation and In- 30378; Amdt. No. 3067] received November 3, 801(a)(1)(A); to the Committee on Resources. frastructure. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\L06NO7.000 H06PT1 November 6, 2003 CONGRESSIONAL RECORD — HOUSE H10561 Committee on Transportation and Infra- transmitting the Department’s final rule— ceived October 30, 2003, pursuant to 5 U.S.C. structure. Amendment to Class E Airspace; Pilot Point, 801(a)(1)(A); to the Committee on Ways and 5163. A letter from the Paralegal Spe- AK [Docket No. FAA-2003-14855; Airspace Means. cialist, FAA, Department of Transportation, Docket No. 03-AAL-04] received November 3, 5166. A letter from the Acting Chief, Publi- transmitting the Department’s final rule— 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Revision of Jet Route J-147 [Docket No. Committee on Transportation and Infra- cations and Regulations Branch, Internal FAA-2003-15363; Airspace Docket No. 03-AEA- structure. Revenue Service, transmitting the Service’s 3] (RIN: 2120-AA66) received November 3, 5165. A letter from the Assistant Secretary, final rule—No Portion of Bonds May Be 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of Labor, transmitting the De- Issued for Skyboxes, Airplanes, Gambling Committee on Transportation and Infra- partment’s final rule—Unemployment Com- Establisments, Etc. (Rev. Rul. 2003-116) re- structure. pensation—Trust Fund Integrity Rule; Birth ceived November 3, 2003, pursuant to 5 U.S.C. 5164. A letter from the Paralegal Spe- and Adoption Unemployment Compensation; 801(a)(1)(A); to the Committee on Ways and cialist, FAA, Department of Transportation, Removal of Regulations (RIN: 1205-AB33) re- Means.

N O T I C E Incomplete record of House proceedings. Today’s House proceedings will be continued in the next issue of the Record.

VerDate jul 14 2003 04:02 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00103 Fmt 7634 Sfmt 8633 E:\CR\FM\L06NO7.000 H06PT1 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, THURSDAY, NOVEMBER 6, 2003 No. 160 Senate The Senate met at 9:31 a.m. and was lic for which it stands, one nation under God, it will be important, for us to achieve called to order by the President pro indivisible, with liberty and justice for all. a departure day of November 21, for us tempore (Mr. STEVENS). f to work 5 days a week, and we will be RECOGNITION OF THE MAJORITY voting on Mondays and Fridays as we PRAYER LEADER go forward. The Chaplain, Dr. Barry C. Black, of- It is likely that once we complete The PRESIDENT pro tempore. The fered the following prayer: Agriculture, we will go to the Internet majority leader is recognized. Let us pray. tax bill, and then I hope we can com- Sovereign God, You have shown us f plete that in a reasonable period of that Your name and Your commands SCHEDULE time and we will follow that with the appropriations bills and will continue are supreme. You answer when we call Mr. FRIST. Mr. President, today the to address the VA–HUD bill at some and strengthen us for life’s trials. The Senate will begin 60 minutes of morn- point and Commerce-Justice-State. I leaders of our world depend upon Your ing business. Following that 60-minute am working very hard to try to get providence. Our Senators reach for period, the Senate will proceed to exec- these appropriations brought across Your wisdom. You sustain us and Your utive session for the consideration of the floor, debated, and completed in a promises are certain. Executive Calendar No. 310, the nomi- reasonable time. Lord, complete the work You have nation of William Pryor to be a United started in us. Each day, let more peo- States Circuit Judge for the Eleventh f ple see a clearer image of You in us. Circuit. Keep us from deviating from the path At the conclusion of that debate RESERVATION OF LEADER TIME of strict integrity, and help us to learn time, the Senate will proceed to a vote The PRESIDENT pro tempore. Under to count our many blessings. Free us on the motion to invoke cloture on the previous order, the leadership time from the chains of debilitating habits, that nomination. I do hope cloture will is reserved. as we rejoice in Your unfailing love. be invoked and that this qualified nom- And, Lord, place Your armor upon ination could then receive an up-or- f our military men and women and never down vote of the Senate. leave or forsake them. If cloture is not invoked, the Senate MORNING BUSINESS We pray this in Your holy name. will resume consideration of the Agri- The PRESIDENT pro tempore. Under Amen. culture appropriations bill. We made the previous order, there will be a pe- f good progress on that bill yesterday, riod for the transaction of morning and I hope we can complete that appro- business with the first 30 minutes PLEDGE OF ALLEGIANCE priations bill at an early hour today. under the control of the Democratic The PRESIDENT pro tempore led the We will have rollcall votes throughout leader or his designee and the second 30 Pledge of Allegiance, as follows: the day. minutes under the control of the Sen- I pledge allegiance to the Flag of the A number of Members have inquired ator from Texas or her designee. United States of America, and to the Repub- about scheduling. I made it clear that Who yields time?

N O T I C E Effective January 1, 2004, the subscription price of the Congressional Record will be $503 per year or $252 for six months. Individual issues may be purchased at the following costs: Less than 200 pages, $10.50; Between 200 and 400 pages, $21.00; Greater than 400 pages, $31.50. Subscriptions in microfiche format will be $146 per year with single copies priced at $3.00. This price increase is necessary based upon the cost of printing and distribution. BRUCE R. JAMES, Public Printer.

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

S14083

.

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\CR\FM\A06NO6.000 S06PT1 S14084 CONGRESSIONAL RECORD — SENATE November 6, 2003 MEDICARE CONFERENCE Cost containment is really Medicare get the healthiest seniors into their Mr. REED. Mr. President, I would expenditure containment. I think that plans; and in addition to that, get sub- like to take a moment to express con- is a fallacy. If we can’t control the cost sidies from the Federal Government to cern about the current discussion on of pharmaceuticals through market their bottom line by simply saying we Medicare, particularly the prescription forces, then we will never catch up can’t make enough money to partici- drug bill. The first point I would make with the explosion of costs. But then to pate in this market—not that we can’t is that the process has been, I think, arbitrarily say we are going to cap serve enough seniors. subverted because all the conferees are what we will put into Medicare, to me, I think that is wrong. That will se- not invited to participate in conference is a fundamentally erroneous approach verely and significantly undercut the meetings. Many of my colleagues in to this very difficult problem. In fact, Medicare Program. the Democratic caucus who have voted the cost containment issue the con- It has been estimated that a result of for the bill and are named as conferees ference is discussing is not directed premium support will be that rates for have not been given access to all of the precisely at the pharmaceutical pro- seniors across the country will no deliberations and discussions. gram. It is going to be applied across longer be uniform. They will be vari- I know Senator BAUCUS and Senator the board to all Medicare expenditures. able based upon the region and based BREAUX have been there and are doing Ostensibly, what the conferees are upon how many private plans are par- an admirable job representing the talking about now is capping the gen- ticipating. They could vary from one viewpoints of the Democratic caucus, eral fund contribution to Medicare. area to another. Rhode Island and New but this is not the way procedurally to There are two sources of financing for England is a small area. We could have conduct deliberations on such impor- the Medicare program. First is the one rate in East Providence, RI, and 10 tant measures as Medicare reform and Medicare trust fund, then second is minutes away in Massachusetts the prescription drug benefit for seniors. general revenues. The conference posi- rates could be entirely different. But those are procedural issues. tion today, I am told, is if our general Today, seniors count on predict- The substance also troubles me, par- expenditures exceed 45 percent in any ability, reliability and the certainty ticularly the discussion of cost con- two consecutive years, we arbitrarily that the rates are stable and uniform. tainment, premium support, income re- stop funding Medicare—not just the We could lose that. That is a major lating—all of these are euphemisms but pharmaceutical portion, but the whole concern of mine. have extremely important con- program. To me, that is the wrong ap- There is another concern also; that sequences in the lives of seniors and, proach—setting arbitrary limits not is, the fact that we are on the verge of indeed, in the lives of everybody based upon the health conditions of our accepting this notion of means testing. throughout the country. seniors but based upon our fiscal situa- The euphemism of the moment is in- The conference is examining these tion here in Washington. come relating Medicare Part B pre- proposals and exploring ideas that are Indeed, we all understand that Medi- miums. They have laid out a situation not just about prescription drug bene- care is an extremely popular program. where seniors who are making over fits for seniors. In fact, the conference A Kaiser Family Foundation/Harvard $80,000 a year would gradually see their discussions have taken on a rather con- School of Public Health survey found Federal subsidy reduced from a current troversial cast because we are talking that 80 percent of seniors have a favor- level of 75 percent. Certainly at that seriously now about Medicare reform. able impression of Medicare, and 62 level of income there is an argument to But we are not just talking about percent believe the program is well be made that seniors can afford to pay Medicare reform; I would argue we are more than the majority of seniors talking about proposals that would run. Seventy-two percent of people age whose incomes are much less than perhaps lead to the end of the Medicare 65 and over thought seniors should be $80,000, and are probably closer to program, eventually, as we know it. able to continue to get their health in- Back in 1995, Newt Gingrich said that surance coverage through Medicare $15,000 to $20,000 a year. his approach to Medicare was to let it over private plans. We are fracturing the program by ‘‘wither on the vine,’’ to undercut it, It is an extremely popular program. means-testing premiums. We are giving undermine it, underfund it, so that It is efficiently run with very low over- incentives for wealthy seniors to ask, eventually it would become a remnant, head. And it is in danger of being scut- Why should I participate at all? This is not a vital part of the American fabric. tled because we are attempting to not a program that helps me. I can get That, I fear, might be taking place apply arbitrary limits to our contribu- my health insurance coverage in the right now in its first steps. tions to Medicare. private market, and I will do that. Of course, as we deliberate these There is another aspect that con- The fragmentation—both in terms of issues with respect to Medicare drug cerns me very much in this whole de- geography because of premium support, benefits, one major issue that concerns bate; that is, this notion of premium and in terms of income because of this me is that we have allocated $400 bil- support. These euphemisms sound in- notion of means testing—will begin lion. That seems like a great deal of nocuous but the consequences could be that slow, I am afraid, and irreversible money but, frankly, it is not. When we quite severe to the long-term health process of withering Medicare. It consider, over the 10-year period we are and viability of Medicare. makes no sense. talking about, that seniors will spend Premium support is the notion that One of the reasons we enacted the $1.8 trillion on pharmaceuticals, $400 we are going to entice private health Medicare Program in 1965 was because billion is not a lot of money. Indeed, insurers to go in and take the place of private health insurance companies compared to what we are spending on the Medicare Program. If the market would only insure the wealthiest and some efforts overseas—Iraq being the would allow for that, that is great. We healthiest seniors, leaving the vast ma- most prominent at the moment—that want competition and choice. It pro- jority of seniors with nothing. The bur- $400 billion over 10 years is not an as- vides for more efficient allocation of den of those seniors was the burden of tounding total. resources. But what the conferees are every family in this country. In fact, I would argue it is insuffi- proposing is a $12 billion slush fund As I grew up in the 1950s and the cient to give the benefits that most that will favor private companies over 1960s, it was not uncommon to have a seniors expect to receive and believe the government-run system. I think grandmother or a grandfather living in we are discussing at the moment. the only reason we have to do that is, your home because they simply could One of the particular issues that I am in reality when you look at the Medi- not support their health care needs. disturbed about is first this notion of care system today, it is in many cases They could not support themselves. cost containment. My impression of more efficient than private health in- Medicare changed that more than any cost containment is that we would surers. other program in this country. somehow be able to contain the cost of The way these private health insur- It is widely popular, and based on the prescription drugs we are buying and ers are going to be making their money simple notion that, first, we are going seniors are buying, but that is not the is not to serve every senior, but to be to provide the benefit equally to all of view of the conferees about cost con- very careful and very selective—to our seniors. We are not going to frag- tainment. cherry-pick the senior population—and ment it by region or by income. We

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.003 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14085 will provide a system of care. We essen- death penalty. He is a strong opponent nomination, we must review more than tially are going to do what insurance of gay rights. just his words before the committee at should do—take the broadest possible Somehow, despite the intensity with his confirmation hearing. We have a risk pool of all seniors—healthy sen- which Mr. Pryor holds thee views and duty to consider what Mr. Pryor has iors, unhealthy seniors, the frail and the many years he has devoted to dis- said about the Supreme Court and the elderly seniors, and the young and vig- mantling these legal rights, we are ex- rule of law in other context as well. orous seniors. They are all going to pected to believe that he will suddenly Mr. Pryor ridiculed the Supreme participate. That is the efficient, fair, change course and ‘‘follow the law’’ of Court of the United States for granting and sensible way to do it. he is confirmed to the Eleventh Cir- a temporary stay of execution in a cap- We are on the verge, I fear, of ruining cuit. Repeating that mantra again and ital punishment case. Alabama is one that system—not just for the moment again in the face of his extreme record of only two States in the Nation that but for all time. does not make it credible. Actions uses the electric chair as its only I hope in the next several days we speak louder than words, and I will method of execution. The Supreme can resolve these issues favorably. But cast my vote based on what Mr. Pryor Court had agreed to hear the case to I am concerned if we proceed on this does, not just on what he says. decide whether use of the electric chair course we will not really be doing any- Mr. Pryor’s supporters say that his was cruel and unusual punishment. Mr. thing for seniors, the prescription drug views have gained acceptance by the Pryor, however, said the court should benefit might be illusory, and the long- courts, and that his views are well have refused to consider this constitu- term effect will be severe and perhaps within the legal mainstream. But ac- tional issue. He said the issue ‘‘should cause fatal damage to Medicare. tions paint a different picture. He has not be decided by nine octogenarian I yield the floor. consistently tried to narrow individual lawyers who happen to sit on the Su- The PRESIDENT pro tempore. The rights, far beyond what any court in preme Court.’’ Those are his words, and Senator from Massachusetts. this land has been willing to hold. they don’t reflect the thoughtfulness Just this past term, the Supreme f that we want and expect in our judges. Court rejected Mr. Pryor’s argument If Mr. Pryor does not have respect for NOMINATION OF WILLIAM H. that it was constitutional for Alabama the Supreme Court, how can we pos- PRYOR prison guards to handcuff prisoners to sibly have any confidence that he will ‘‘hitching posts’’ for hours in the sum- Mr. KENNEDY. I urge my colleagues respect that court’s precedents if he is mer heat. The court also rejected his to vote against cloture on the nomina- confirmed to the Court of Appeals? argument that States could not be sued tion of William Pryor. Since President Finally, Mr. Pryor’s nomination does for money damages when they violate Bush came into office, the Senate has not even belong on the Senate floor at confirmed 168 of his nominees and has the Family and Medical Leave Act. Mr. Pryor’s position would have left this time. His nomination was rushed decided so far not to proceed with only through the Judiciary Committee in 4. That is a 97.7 percent success rate for workers who are fired in violation of the Family and Medical Leave Act clear violation of our committee rules the President. It is preposterous to say on ending debate. that Senate Democrats are obstructing without a remedy. The court rejected his argument that An investigation into Mr. Pryor’s the nomination process. states should be able to criminalize controversial role in connection with The few nominees who have not re- the Republican Attorney Generals As- ceived our support are too extreme for private sexual conduct between con- senting adults. sociation was interfered with and cut lifetime judicial appointments, and Mr. The court rejected his far-reaching short by the committee majority and Pryor’s nomination illustrates the argument that counties should have has never been completed. Most of our problem. His views are at the extreme the same immunity from lawsuits that committee members agreed that the of legal thinking, and he does not de- States have. investigation raised serious questions serve appointment to an appellate Fed- The court rejected his argument that which deserved answers in the com- eral court that decides so many cases the right to counsel does not apply to mittee, and they deserve answers now, involving basic legal rights and con- defendants with suspended sentences of before the Senate votes. The Senate is stitutional protections. The people of imprisonment. entitled to wonder what the nominee’s the Eleventh Circuit deserve a nominee The court rejected Mr. Pryor’s view supporters have to fear from the an- who will follow the rule of law and not on what constitutes cruel and unusual swers to these questions. use the Federal bench to advance his punishment in the context of the death The fundamental question is why— own extreme ideology. penalty. The court held, contrary to when there are so many qualified at- The issue is not that Mr. Pryor is Mr. Pryor’s argument, that subjecting torneys in Alabama—the President conservative. We expect a conservative mentally retarded persons to the death chose such a divisive nominee? Why President from a conservative party to penalty violated the Constitution. choose a person whose record casts so select conservative nominees. But Mr. Just this spring, even the Eleventh much doubt as to whether he will fol- Pryor has spent his career using the Circuit, a court already dominated by low the rule of law? Why choose a per- law to further an ideological agenda conservative Republican appointees, son who can muster only a rating of that is clearly at odds with much of rejected Mr. Pryor’s attempt to evade partially unqualified from the Amer- the Supreme Court’s most important the Supreme Court’s decision. Mr. ican Bar Association? Why support a rulings over the last four decades, espe- Pryor tried to prevent a prisoner with nominee who is unwilling to subject cially in cases that have made our an IQ of 65 from raising a claim that he key facts in his record to the light of country a fairer and more inclusive na- should not be executed, when even the day? tion for all Americans. prosecution agreed he was mentally re- We count on Federal judges to be Mr. Pryor’s agenda is clear. He is an tarded. open-minded and fair and to have the aggressive supporter of rolling back This is not a nominee even close to highest integrity. We count on them to the power of Congress to remedy viola- the legal mainstream. His actions in follow the law. tions of civil rights and individual seeking to evade the Supreme Court’s Mr. Pryor has a first amendment rights. He has urged the repeal of Sec- decision speak volumes about whether right to pursue his agenda as a lawyer tion 5 of the Voting Rights Act which he will obey its decisions if confirmed or an advocate, but he does not have helps to ensure that no one is denied to the Eleventh Circuit. the open-mindedness and fairness es- the right to vote because of their race. Mr. Pryor and his supporters keep sential to be a Federal judge. I urge my He vigorously opposes the constitu- saying that he is ‘‘following the law,’’ colleagues to vote against ending de- tional right to privacy and a woman’s but repeatedly he attempts to make bate on this nomination. right to choose. He is an aggressive ad- the law, using the Attorney General’s I suggest the absence of a quorum. vocate for the death penalty, even for office in his state to advance his own The PRESIDENT pro tempore. The persons with mental retardation. He personal ideological platform. clerk will call the roll. dismisses—with contempt—claims of If, as his supporters urge, we look to The legislative clerk proceeded to racial bias in the application of the Mr. Pryor’s words in considering his call the roll.

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.005 S06PT1 S14086 CONGRESSIONAL RECORD — SENATE November 6, 2003 Mr. ENSIGN. Madam President, I ask the Senate. We need to become states- the bill would mean to America. We unanimous consent that the order for men in this body and do what is right passed it in the Senate with 80 votes. the quorum call be rescinded. for our Republic. This is really about Yet today we are stalled in being able The PRESIDING OFFICER (Ms. MUR- the future of our Republic. Judges and to move forward and appoint conferees KOWSKI). Without objection, it is so or- the third branch of our Government to get together with the House and dered. have to have somewhat independence work out the differences between the f from the legislative branch and from two bills and come forward with strong the executive branch. It is critical, I legislation. JUDICIAL NOMINATIONS believe, that we have a fair process Unfortunately, this procedural ma- Mr. ENSIGN. Madam President, this going forward. neuver of stopping us from being able morning I rise to talk about what has The system really is broken at this to move forward into a conference with been happening in this Chamber with point. Another problem we are going to the House is simply another mecha- regard to judicial nominations, and es- face in the future by staging this polit- nism similar to a filibuster. In fact, it pecially those nominations that have ical battle on judges is that good peo- might ultimately be backed up by a fil- been put forward by the President with ple are not going to want to go through ibuster to stop us from procedurally respect to the circuit courts. the nomination. Miguel Estrada is the being able to move forward on impor- The court of appeals is that branch in perfect example. He was an extraor- tant legislation. In effect, it allows our Federal court system which is di- dinary nominee who would have made anybody who wants to to vote for the rectly under the Supreme Court, an in- an extraordinary judge and the ugli- bill, knowing it is going to be stalled credibly important place where a lot of ness this process has become resulted and that we will not allow it to then go judicial precedent is set. in him asking the President to with- to conference and keep moving for- We have had several judges being fili- draw his nomination. The toll of was ward. The Healthy Forests legislation is bustered this year by the other side; too great on him and on his family. He critically needed. I just received the just recently, Charles Pickering, a could not take it anymore. most recent analysis of the statistics. wonderful man with incredible quali- If we continue to drag more nominees When we debated the bill, we talked a fications, incredible political courage. through this political mess, it is going lot about the damage going on in Cali- With all the debate that happened to be harder to get good people, the fornia with the wildfires then burning about him and his qualifications—peo- kind of people we want serving on the there. Just to remind everybody about ple can check the CONGRESSIONAL bench. what those fires meant, a study I have RECORD for it—but the bottom line is I make this appeal to my colleagues: in front of me evaluates just 4 of the 13 this man deserves an up-or-down vote. This nonsense going on with filibus- fires that were burning in California If he is granted an up-or-down vote, he tering circuit court judges needs to last week as we considered the legisla- would be approved because he was able stop. I respect the fact that Senators tion. to get 54 votes against 43 negative want complete debate. We should have votes. Unfortunately, there is a minor- The estimated cost to date—which is full debate on judges. But once they not finished—of fighting just those 4 ity in the Senate choosing to filibuster. have their full debate, their complete fires is $65.8 million. That is 4 of the 13 That 54 votes should be enough to put investigation, questions are asked and fires in California. When you look at him on the circuit court where he de- answered, then we need an up-or-down the rest of the country, as I discussed serves to be. vote, straight up-or-down vote. There in the debate last week, we have I have no objection to people voting is no place in the judicial nomination burned 3.8 million acres in America against judges. That is their right to process for filibustering. If we do not this year. Last year it was nearly 7 do under the Constitution. But the correct this problem, and fix this bro- million acres. The year before, it was Constitution specifically spells out ken process the future our judicial sys- over 3 million, and the year before only five instances where a super- tem will be hurt and it will be a great that, it was over 7 million acres. The majority is required in the Senate for disservice to all Americans. running 9-year average for the number approval, and moving to the consider- I yield the floor. of acres we have burned in our forests ation or the approval of the President’s The PRESIDING OFFICER. The Sen- is 4.9 million acres per year. judicial nominees is not on that list. ator from Idaho. The Forest Service estimates over 100 Why is this debate so important to f million acres of forest lands are at un- have on whether we should allow the HEALTHY FORESTS LEGISLATION naturally high risk of catastrophic Senate to filibuster judges or whether wildfires and large insect-disease out- we should just have straight up-or- Mr. CRAPO. Madam President, I rise breaks because of unhealthy forest con- down votes on judges after a good to speak about the Healthy Forests ditions. Again, just looking at those 4 amount of debate? If one side, meaning legislation which we recently passed on fires in California, $65.8 million worth one political party, chooses to fili- the Senate floor. Since we passed it—I of cost to fight them so far, 1,622 struc- buster judges, the other side is going to remind everyone it was a strong bipar- tures lost. We all know there were be forced to filibuster. In other words, tisan effort which resulted in 80 votes many lives lost in those fires. There a precedent is set. out of 100 votes in the Senate sup- were lives lost in Idaho this year fight- Someday the Democrats will get porting this effort—we have now run ing fires, my State. I am sure if other back in power in the White House and into further procedural snags. As I was Senators from the States in which will be sending judges up to this body, sitting here listening to the Senator these fires are burning could be here and if they continue to filibuster the from Nevada talk about the snag we right now, they would point out the President’s nominees, a precedent will have run into with regard to trying to damage in their States, not only from be set, and our side will have no choice get votes on judges, I was reminded of the cost of fighting the fires but in but to filibuster their judges. The rea- the similarity. terms of the loss of life and the loss of son is very simple: If they filibuster It took us a long time to get this bill property. more conservative type judges, and we to the Senate floor, the Healthy For- It is important we move ahead with do not filibuster theirs, our court sys- ests legislation. The process we went this legislation. I am here to call on tem will just go further and further to through was one in which I believe we my colleagues from the Democratic the left. showed America how we should be side of the aisle to work with us again, Politics and the judiciary—we are working together in a bipartisan fash- as we worked in bringing forward the supposed to try to separate those as ion to cross party lines, cross regional bill, to go into conference and work to much as possible, even though it is im- lines, and build broad support for achieve the objectives of this legisla- possible to completely separate them. meaningful legislation to solve a seri- tion. So, Madam President, I appeal to our ous problem. Some have said: Let’s just send our colleagues on the other side that this We did that. We had a bipartisan coa- bill to the House and tell the House it obstructionism purely for political lition that came forward with a strong must accept our bill. It is our bill or no gain is a dangerous precedent to set in bill. I will talk a little bit about what bill.

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.006 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14087 Frankly, our constitutional Framers on forest health. As I indicated, we CARE AND TREATMENT OF RE- set up a system of government in have over 100 million acres in America TURNING GUARD AND RESERVE which there are two Houses of Con- today that are at an unnaturally high FORCES gress: the Senate and the House of Rep- level of risk for fire or insect infesta- Mr. BOND. Madam President, a cou- resentatives. I don’t think it is real- tion. ple of weeks ago we received reports istic for the Senate to simply say to The average loss of acres to fires from inquiring UPI reporter Mark Ben- the House you have to take our bill, alone is 5.4 million acres per year. In jamin and a very active veterans advo- and not only do you have to take our this bill, we put together a comprehen- cate Steve Robinson, director of the bill, but we are not going to conference sive effort to improve the health of our National Gulf War Resource Center, with you if you won’t take our bill as forests in terms of both the risk of fire that there was a significant problem is. and insect infestation. We will lower with the care and treatment of return- I understand the desire by those who the number of catastrophic fires. We ing guardsmen and reserves coming negotiated with us to reach the com- will establish new conservation pro- back from Iraq and Afghanistan to promise, to build a bipartisan solution, grams to improve water quality and re- Fort Stewart, GA. There were, at the to try to keep the bill we negotiated generate declining forest ecosystems. time, indications that some of the here intact to the maximum extent We will protect the health of the for- Guard and Reserve perceived they were possible. In fact, in our negotiations, I ests by establishing an accelerated not getting the same priority of care, committed to them that is what my plan to promote information on forest- treatment, and housing as was received objective would be if I am able to be on damaging insects and related diseases. by those who had been on active duty the conference committee. I believe Endangered species, community and before they were sent to the combat each one of our Senate conferees will homes of Americans will be safe- theater. fight to the best of their ability to guarded through the stewardship of So working with my colleague, Sen- make sure we keep intact the Senate these forest lands. ator LEAHY, with whom I cochair the version of this bill. It was a good bill. We are going to establish a new National Guard caucus, we sent our It had a strong vote. But we must rec- predecisional administrative review military LAs to visit Fort Stewart, ognize the reality that in order to process and allow for additional anal- GA, and on to Fort Knox and Fort achieve legislation in this country, ysis under NEPA. We are going to im- Campbell, KY. We wanted to visit other both Houses of Congress are entitled to prove the management tools available sites and will continue to visit other work on the final product. to our forest managers so they can get sites to see if the problems at Fort The refusal to go into conference scientifically supported management Stewart were isolated or were they until there is an agreement in advance practices implemented on our forest present at other Army mobilization that the House will take the Senate lands. and demobilization sites. bill is a position which could be taken We will direct the Secretary of Agri- What Senator LEAHY and I found is culture to give priority to communities on every bill. If you think about it, detailed in the report. I ask unanimous and watersheds in hazardous fuel re- every piece of legislation that goes consent that it be printed in the duction projects. We are going to have through the Senate, one would think RECORD following my remarks. language in there for the first time the Senators would prefer over the The PRESIDING OFFICER. Without ever in this country that specifically objection, it is so ordered. House. People in the Senate could sim- protects old-growth forests. We have (See exhibit 1.) ply take the position we will not go language to expedite the judicial re- Mr. BOND. Madam President, I don’t into conference with the House unless view process so that we end the litiga- have time to go over the entire report, they will take our version of the bill. tion paralysis that is probably the but I think many colleagues will find it If you think about it a little further, most significant thing that is stopping of interest to know what we experi- it becomes immediately apparent the us from effective forest management enced. House could do the same thing. The implementation. First, let me say that the Army was House could say to the Senate: We are Finally, we are going to significantly very open and responsive to our staff not going to go into conference with increase the resources we are putting when they came to review the situa- you unless you take our bill. into healthy forest management. I just tion. They were most anxious to have The reality of the way our constitu- told the number of dollars we are us get a complete look at the situation tional system operates is, we have a spending on fighting fires—on the fires and to offer to help in any way they conference committee between the in California. That was approximately could. So they recognized there was a House and Senate. We work out our dif- $66 million. We are going to put in $760 problem. ferences. We try to come forward with million annually to help us manage our Basically, there are not enough med- a bill that brings forward the max- forests nationwide and preserve these ical personnel—doctors, clinicians, sup- imum strengths of both systems. Then incredible environmental gems for our port staff, specialists—available during we come back to both bodies. The Sen- future while maintaining our ability to ‘‘peak’’ mobilization and demobiliza- ators in the Senate, the Congressmen have the kind of natural-resource- tion phases at a number of mobiliza- in the House, will each then have an- based economies that grow up around tion sites. Consequently, injured and ill other chance to register their opinion. our forests. soldiers have a difficult time sched- If they believe they didn’t get a suffi- Madam President, this is a critical uling appointments with medical care cient amount of what they were hoping issue; it is critical whether one is con- providers and seeing the specialists re- to see in the legislation, they, again, in cerned about environmental aspects, quired to get the best possible care. the Senate, have the opportunity for a health and safety aspects, loss of life, Some of them had been waiting lit- filibuster or to simply vote no on the loss of property, or simply the loss of erally months to get the kind of care legislation if they don’t want to sup- our incredibly wonderful Federal for- they deserve. port it. But to stop us from even being ests. Compounding the problem, large able to take the next procedural step Again, I call on my colleagues to stop numbers of soldiers either mobilizing to go to the House and go into con- the procedural maneuvers that are pro- or demobilizing created shortages of ference and try to see what kind of leg- hibiting us from proceeding to a con- available housing at mobilization sites, islation we can come up with to ad- ference with the House. At this point, I which resulted in some of the returning dress these critical issues is, in my will conclude my remarks and yield the guards and reservists being placed in opinion, inappropriate. remainder of my time to the Senator housing totally inadequate for their Again, I call on all my colleagues to from Missouri. medical condition. Some of these step forward and allow us to move to The PRESIDING OFFICER. The Sen- Guard and Reserve members who had the next procedural step to go into con- ator from Missouri is recognized. been activated and were coming back ference with the House and work on Mr. BOND. Madam President, how were put in temporary barracks, with this critical legislation. much time remains? outside latrines, where they normally What does it do? This legislation re- The PRESIDING OFFICER. There would house Guard or Reserve mem- flects a comprehensive effort to focus are 13 minutes remaining. bers called up for summer maneuvers.

VerDate jul 14 2003 05:56 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.008 S06PT1 S14088 CONGRESSIONAL RECORD — SENATE November 6, 2003 We could neither confirm nor deny ments for deployment due to a pre- whether they are traditional active- that there was any difference in med- existing condition. One of the problems duty soldiers or National Guard and ical treatment between the returning at Fort Stewart was the fact that some Army Reserve soldiers. formerly Active and Guard and Reserve 10 percent of the Guard and Reserve Senator LEAHY and I are going to soldiers coming back, but one of the called up had not had adequate pre- continue to monitor the progress of the things that was different when the Ac- callup medical care, a situation we are Army in addressing these issues. We tive came back to the bases from which addressing with the TRICARE meas- plan on sending staff to additional mo- they had been mobilized was that they ures, and they could not be deployed. bilization sites in the next few weeks already had their housing, so they They were then the responsibility of and months to make sure there are no could go back to the housing from the Army at Fort Stewart, and at the problems. We know that in the next which they started. The Guard and Re- time we were there, a third of the 650 few months the National Guard and serve coming back from service had to soldiers on medical hold had never Reserve will be mobilizing thousands of be put in some form of temporary hous- even been deployed because they did additional troops. We want to make ing, which, in some instances, was not meet the standards for deployment. sure the Army gets it right and keeps clearly inadequate for people with inju- Those people will be sent home rather it right. The next mobilization sched- ries or illnesses. than kept on medical hold. ule is to begin in the January–April So what is being done? Senator Also, after meeting with Secretary timeframe, which means when they go, LEAHY and I issued the report to high- Brownlee, I followed up with LTG Ste- we want to make sure soldiers get light the problems to senior leaders at ven Blum, Chief of the National Guard timely care and housing, suitable to the Army, National Guard, and the Bureau and LTG James Helmly, Chief getting well, no exceptions. Army Reserve. I was very encouraged of the Army Reserve, asking them to We know the Army knows of the by the response the military gave us. work with the Army in resolving these problems and is aggressively tackling The Acting Secretary of the Army, Les issues. Specifically, we asked their co- them. We expect garrison commanders Brownlee, visited Fort Stewart on Sat- operation: at mobilization sites to continue to do urday, the weekend after we sent our No. 1, by doing a better job medically their best, and we will continue to sup- teams there. He met with me last week prescreening Guard and Reserve sol- port them, as well as every soldier in to lay out his plans for dealing with diers so they do not activate soldiers the war on terrorism. We owe a great the situation. He recounted what he who cannot serve. debt of gratitude to our fighting men discovered at Fort Stewart and prom- No. 2, to coordinate the callup and and women. They have and deserve our ised swift support and changes, where retention of medical personnel—clini- highest regard and respect. We will do necessary. cians, support staff, specialists—to en- all we can to ensure they get the kind Specific issues addressed by Sec- sure the Army mobilization sites have of care we would expect for them. retary Brownlee included the adequacy sufficient medical personnel onsite. I thank the Chair, and I yield the of facilities and where they would get I saw in the news today where the floor. treatment. He said, if appropriate, sol- Department of Defense is looking to EXHIBIT 1 diers will be moved to facilities where call up certain support personnel from U.S. SENATE NATIONAL GUARD CAUCUS they can provide more timely care. We other Reserve units, other than the REPORT suggested that if they don’t have the Army, to provide perhaps naval med- Senators Kit Bond and Patrick Leahy, co- medical personnel available there, why ical personnel to assist with caring for chairs of the U.S. Senate National Guard not send them someplace else. He said the sick and injured soldiers. Caucus, dispatched their aides to Ft. Stewart he would encourage the commands to No. 3, we asked them to check on to investigate reports that activated Guard contract out for special services, such Guard and Reserve soldiers who are on and Reserve members were being poorly as MRIs, for example. If they don’t medical hold, making sure somebody housed, with inadequate medical attention, have the equipment, they can contract was looking after them, to let them while on ‘‘medical hold.’’ out. know they have not been forgotten, or SUMMARY I also asked the Secretary to allow to find out if they have other needs. Approximately 650 members of the Na- soldiers in a medical hold status to be Further, Senator LEAHY and I have tional Guard and the Army Reserve who moved to facilities closer to their asked the GAO to conduct a survey have answered the call-to-duty and in many into the Army’s medical hold process cases were wounded, injured or became ill home, using military, veterans health while serving in Iraq, are currently on med- administration, or civilian providers, to ascertain the breadth of the prob- ical hold at Ft. Stewart, GA. Army base. As as necessary. Secretary Brownlee told lems that we saw at Fort Stewart and a result of an investigation by a reporter and me some of the soldiers at Fort Stew- Fort Knox, and to determine if there is expeditious follow-up by a veteran service art had already been moved to nearby any disparity in medical treatment of organization representative it has come to Fort Gordon, where the medical staff returning guardsmen and reservists our attention that these National Guard and was not so badly overworked. Also, at who come back in demobilization and Army Reserve soldiers have been receiving his direction, the Army Medical Com- have health care problems. inadequate medical attention and counsel while being housed in living accommoda- mand is transferring medical care cli- It is our understanding that the Sen- ate Armed Services Committee, as well tions totally inappropriate to their condi- nicians to mobilization sites that need tion. Of the roughly 650 injured soldiers cur- them. as its House counterpart, is going to rently awaiting medical care and follow-up The Secretary has also established conduct hearings into the conditions evaluations, approximately one-third of minimum standards for housing in uncovered by Mark Benjamin and con- these soldiers were found not physically medical hold status. He said, No. 1, fa- firmed by Senator LEAHY’s and my in- qualified for deployment and therefore never cilities will be climate controlled, vestigation, but I regret very much, as deployed overseas. The remaining two-thirds meaning air-conditioned and heated. all of us do, that this situation has oc- deployed overseas and were returned to Ft. Some of the facilities didn’t have that. curred. It is unacceptable to all of us to Stewart as a result of wounds or injuries sus- think that injured, ill soldiers return- tained while serving or as the result of ill- Second, facilities must have showers ness encountered either before or after de- and restrooms indoors, and not a path ing from the theater of battle would ployment. Regardless of the nature of the in the back, and facilities must be not get the medical care they need, medical malady, these soldiers have been en- clean and in good repair. The Secretary would not be placed in appropriate during unacceptable conditions for as many also indicated he is considering erect- housing. as 10 months. ing prefab facilities to alleviate the Once it came to our attention and we The return of the 3rd Infantry Division housing shortages during mobilization brought it to the Army’s attention, we from the Middle East (18,000-strong which is and demobilization surges that could are very encouraged by the way every- permanently stationed at the base), has body is handling this, from the garri- forced commanders to lease barracks from be used to house medical hold soldiers. the Georgia National Guard that were de- Secretary Brownlee has issued policy son commanders and medical directors signed as temporary quarters for National guidance that allows the Army to de- to mobilization staff to the Acting Sec- Guard soldiers undergoing annual training. activate Guard and Reserve personnel retary of the Army. This is a matter of They are not designed to accommodate who do not meet the physical require- taking care of our soldiers regardless of wounded, injured or ill soldiers awaiting

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.010 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14089 medical care and evaluation. The Army has receive special medical attention. When the ment process. At various points over the designed a Disability Evaluation System 3rd Infantry Division, which is based at Ft. past several months there may have been that is purposely slow to ensure that Na- Stewart, returned from its deployment in only a handful of doctors to care for these tional Guard and Army Reserve citizen-sol- Iraq, available housing was in short supply hundreds of troops, as well as to assist with diers who are found not physically qualified which resulted in those on medical hold regular forces and their families. Most re- for duty receive a fair and impartial review being moved from one barracks to another in serve doctors called to active duty were de- when undergoing a medical evaluation a form of musical housing. The U.S. Army ployed forward, and those remaining in the board. The process, similar in many respects resorted to leasing open-bay barracks with states can stay on duty for only 90 days be- to the workmen’s compensation process, re- detached restroom facilities and no air-con- fore returning to their civilian practices. quires that these soldiers be given every op- ditioning in most cases, which are normally One soldier on medical hold said it took him portunity to recover. If full recovery is not used to house Georgia National Guard troops almost three weeks to get a follow-on ap- possible, the system works to establish a during their two weeks of annual training. pointment necessary to optimize his care. baseline condition before the soldier is eval- These National Guard and Army Reserve Further feeding the anger and frustration uated by a medical evaluation board. soldiers have been kept in place at Ft. Stew- is inadequate leadership. Typically, a soldier The situation at Ft. Stewart unfortunately art according to standard Army policy while will receive advice, counsel, and assistance was, and remains, hampered by an insuffi- they await medical care and work-ups, which in accessing the military’s health system cient number of medical clinicians and spe- senior officials say is designed to protect from the soldiers’s unit or from upper ech- cialists, which has caused excessive delays in their careers and ensure they receive the elon chain-of-command. The units of the the delivery of care. Exacerbating the situa- best medical care. The goal is to put these medically held reservists, however, have de- tion, was the Army’s placement of wounded medically held Reserve soldiers in a holding ployed abroad in most cases, and their com- and injured soldiers in housing totally un- pattern until they are healthy enough to re- manders are focused on their operational suitable for their medical condition. Addi- turn to duty and go back to their units or to mission overseas. The Reservists at Ft. tionally, these soldiers were placed under the prevent soldiers from being permanently dis- Stewart have been grouped together in a leadership of soldiers who were also injured, charged from service until the nature of ‘‘medical hold’’ battalion for administrative resulting in a situation where the sick and their conditions have been fully assessed and purposes but the effectiveness of the unit injured were leading the sick and injured. optimal treatment regime prescribed. When chain of command is suspect. Additionally, many of the battalion lead- Furthermore, the perception among these soldiers cannot return to duty, a final deter- ers—at the officer and NCO level—are sick soldiers is that the traditional active duty mination about their status is made by a themselves, raising the question of whether soldier is receiving better care, compounding Medical Evaluation Board (MEB). The MEB these leaders are capable to care for them- an already deteriorating situation that had a process can take anywhere from an average selves, let alone hundreds of their comrades. devastating and negative impact on morale. of 42 days to 76 days after the soldier’s treat- Without a familiar advisor and leader, de- Most of the soldiers in the medical hold bat- ment has been ‘‘optimized.’’ That is when a ployed away from home and their parent Na- talion, which was established administra- sufficient diagnosis and treatment regime tional Guard or Army Reserve commands, tively to provide a military structure for the has been put in place to establish enough and lacking experience dealing with a huge soldiers, have families living within hun- confidence to make a decision. Some troops bureaucracy like the Army, these Reservists dreds of miles; yet they have been unable to have been on medical hold for more than 10 were left without the leadership to which join their families while awaiting the final months. they were accustomed. deliberation of their cases. The primary task of the Army Medical De- Moreover, many of the medically held Re- In the short term, we must alleviate the partment is to return these soldiers to duty. servists perceive bias against them on the unacceptable conditions at Ft. Stewart and While undergoing medical care and reviews post. Whenever they go the hospital, PX, or determine if the problem is isolated to Ft. they can be assigned light duty around the dining hall, they are asked whether they are Stewart alone or part of a larger system post. Adequate convalescence requires a a Reservist or a traditional active duty serv- wide problem. great deal of rest in most cases and cannot ice member. This question is made for ac- Alleviating the problem at Ft. Stewart will be properly pursued if there are unnecessary counting purposes, but it makes the Reserv- require the immediate assignment of addi- life stressors, such as placement in housing ists—many of whom are likely disappointed tional medical clinicians, specialists and that is designed to house ‘‘healthy’’ National about being on sick call in the first place— medical support personnel and/or the trans- Guard forces on annual training—not in- feel like they are being singled out. Simi- fer, where appropriate, of our National jured, wounded or ill soldiers. larly, many of the medically held Reservists, Guard and Army Reserve soldiers to fac- The barracks for these medically held Na- lacking sufficient knowledge of the mili- ulties close to their families so they can con- tional Guard and Army Reservists are to- tary’s medical bureaucracy, chalk up delays tinue to receive quality care and await fur- tally inappropriate for soldiers injured, in treatment to preferential treatment for ther medical reviews if necessary in an envi- wounded or ill who are in need of quality active forces. ronment conducive to healing. We must also care and are garrisoned in a stateside Army AN AVOIDABLE SITUATION ensure that the conditions at Ft. Stewart are installation. The worst accommodations to This situation could have been avoided. In not replicated elsewhere, while ensuring the which these medically challenged soldiers early June, medical and garrison staff real- fixes we install at Ft. Stewart are applied were subjected are 1950s-style, concrete-foun- ized that there would be a surge in housing throughout the Army if necessary. In the dation barracks with no air-conditioning or needs when the 3rd Infantry Division re- long term, the Congress must address the insulation and detached toilets and shower turned from Iraq. The division was manned physical readiness of the National Guard and facilities, though they do have heat. On a at over 115 percent authorized strength, the Reserve by passage of a pending bill, relatively cooler day in the area (October which would force commanders to use triple TRICARE for Guard and Reservists, to en- 22nd), the temperature in one of these huts bunks to accommodate 6500 troops in their sure that every member of the Guard and Re- was noticeably warm if not stifling. Bunks barracks that usually hold about 4300. These serves has adequate health insurance cov- sit in open bays, no more three feet apart. In commanders recognized then that these per- erage and is medically ready to deploy. some cases, there are no footlockers for the manently assigned troops would have to take troops to store their gear. In a few of the bet- FUNDAMENTAL PROBLEM priority over the troops temporarily at the ter barracks, for soldiers with more severe More than 650 members of the National post on medical hold. Six weeks ago, medical medical conditions, there is air conditioning, Guard and Army Reserve, who have been ac- staff submitted a request up the chain-of- indoor-plumbing, and storage space. tivated and put on active duty (some of command for 18 additional care providers whom have already served in Iraq or Afghan- The fundamental problem, as summarized colorfully by one of the base commanders, is who could help manage and accelerate the istan) are currently on medical hold at Ft. reviews of the medical holds. No action was Stewart, GA. These numbers change almost that soldiers are going through a ‘‘go slow medical review system while living in ‘get taken on the request. daily as some soldiers are returned to duty, At about the same time, the garrison com- them the hell out of here barracks.’’’ Many others receive medical evaluations for med- mander submitted a request to 1st Army of the medically held reservists—mostly ical conditions that prohibit their continued Headquarters at Ft. MacPherson, Georgia, from Southern states like Georgia, Alabama, service on active duty, while more soldiers for additional funds to renovate the barracks and Florida—expressed frustration and anger are brought into the system (the result of that are leased from the Georgia National over the duration of their medical hold and sustaining injuries, wounds or falling ill Guard. The command provided $4 million, di- the quality of their housing while in this overseas; or failing to qualify for deployment vided into two parts, but the prospective seemingly interminable holding pattern. after being mobilized because of injuries or contractors could not begin work until this preexisting conditions.) COMPLICATING FACTORS week. That project, which would have taken About one-third of the citizen-soldiers cur- Feeding these justifiable frustrations are 90 days at the very least, was postponed rently in the disability evaluation system at several real and perceived considerations re- pending the outcome of the investigations Ft. Stewart could not originally deploy with garding their medical care and treatment on the Army has currently undertaken after their units because they were not medically the base. media reports about the medical hold situa- fit, while approximately two-thirds were in- There has been a shortage of clinicians and tion surfaced. jured, wounded or fell ill while on deploy- specialists to see the medically held Reserv- Additionally, it is reported that the Army ment overseas and were returned stateside to ists and to accelerate the review and treat- had the opportunity in the initial stages of

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.003 S06PT1 S14090 CONGRESSIONAL RECORD — SENATE November 6, 2003 the mobilization process to provide for rear- It is unacceptable to have these citizen- complimentary of the health care they detachment elements staffed by National soldiers—every one of whom answered the have received, but there have been Guard personnel. These elements are de- call-to-duty—living in such inadequate hous- some problems. signed to provide stateside oversight and ing. However, more adequate barracks can- It is important we make sure every support to National Guard personnel and not be completed quickly because it will soldier injured in the service of the units deployed overseas. Had they been take almost three months to complete any present it is possible the conditions de- upgrades. Other 3rd Infantry Division bar- United States of America be given the scribed herein might have been identified racks are unlikely to become available soon. best medical care, wherever he or she is and rectified before they reached a crisis It would be far better to send these troops in this country. point. back home. They could be assigned to an- I salute Senator BOND for his work in MEDICAL READINESS OF THE GUARD AND other Military Treatment Facility (MTF), a that regard. We want to make sure RESERVES State Area Command (STARC) or possibly a that happens. I believe it is happening, It is clear that part of the situation was VHA medical facility closer to their fami- at least in the areas I have personally created by the fact that some of the mobi- lies. Liaisons from the TRICARE manage- examined. We will continue to monitor ment authority could ensure that they are lized reservists were not as healthy as pos- them. sible. Almost ten percent of Guard/Reserve receiving adequate care and that they would personnel mobilized for duty at Ft. Steward be available to return to Ft. Stewart if they f could not deploy because of a medical condi- get better and can return to duty. The ben- CONCLUSION OF MORNING efit to morale among the medically held Re- tion and were put on medical hold status for BUSINESS some period of time. servists would far outweigh any of the un- In the barracks visits, there were also likely risks that might go along with moving The PRESIDING OFFICER. Morning troubling indications that a handful of Re- troops away from their mobilization station. business is closed. Current Army Regulation 40–501 directs servists were knowingly activated and sent f to mobilize with medical conditions that medically held soldiers to remain near their would preclude them from actually deploy- mobilization post, but there is no statutory EXECUTIVE SESSION ing. Such an unjustified deployment might restriction against assigning them to an- have been designed to take advantage of the other facility close to home. fact that once soldiers are activated (put on In the longer-term, the Army, working to- NOMINATION OF WILLIAM H. active duty orders) they become the full- gether with the leadership of the National PRYOR, JR., TO BE UNITED scale responsibility of the U.S. Army. The Guard and the Army Reserve, must ensure STATES CIRCUIT JUDGE service is then charged with their care and that our citizen-soldiers who are identified for activation are medically ready to deploy. The PRESIDING OFFICER. Under feeding to include medical care and medical the previous order, the Senate will pro- evaluations. Enactment of the cost-share TRICARE pro- The hundreds of Reservists who could not posal for Reservists, currently attached to ceed to executive session to consider deploy because they were medically unready the Senate version of the Fiscal Year 2004 Calendar No. 310, which the clerk will raises a number of larger questions, which Supplemental Spending Bill for Iraq and Af- report. the caucus has already begun to address ghanistan, would ensure that every member The assistant legislative clerk read through its effort to ensure every member of of the Reserves has access to health insur- the nomination of William H. Pryor, the Guard and Reserves has adequate health ance and would increase the likelihood that Jr., of Alabama, to be United States citizen-soldiers are medically and physically insurance. The caucus will continue to ad- Circuit Judge for the Eleventh Circuit. dress the issue in detail during its ongoing ready for duty. Currently, reservists are required to com- The PRESIDING OFFICER. Under investigation of the medical readiness and the previous order, there will be 60 mobilizations, examining questions like plete a physical once every five years. The whether the resources and process for screen- high percentage of reservists found to be minutes equally divided for debate on ing at the unit level within the National physically unable to deploy raises the ques- the nomination prior to the vote on the Guard and Army Reserve ranks are suffi- tions of whether this five-year interval is too motion to invoke cloture. cient, and how to explain the recall of sol- long. Another question the Caucus may want The Senator from Alabama. diers to active duty who are not fit for duty. to raise, is the Army’s mobilization and de- Mr. SESSIONS. Madam President, I mobilization policy sufficient in providing a RECOMMENDATIONS am pleased to be here today to seek an housing standard for soldiers on medical There are a number of actions that the up-or-down vote on the attorney gen- hold? Furthermore, is the working relation- Army must take to address this situation at ship between the Army’s medical department eral of Alabama, Bill Pryor, who has Ft. Stewart and the larger issue of ‘‘medical and the Veterans Health Administration been nominated to the Eleventh Cir- holds,’’ which will continue to arise as the (VHA) structured to allow for the transfer of cuit Court of Appeals of the United country pursues the war against terrorism soldiers on medical hold from Army military States of America. Chairman HATCH is, and sustains operations in Iraq, Afghanistan facilities to VHA facilities? Also, new med- at this moment, chairing the Senate and other areas where military forces are op- ical case management software included in erating. Judiciary Committee. He is not able to the second version of the military’s Com- In the short term, the Army National be here at this moment, but he wants posite Health Care System (CHCS II) will Guard and the Army Reserve must jointly to make a statement because he feels permit continuity-of-care wherever a soldier provide for the leadership, guidance and accesses care. Guard and Reserve units very strongly that Bill Pryor is an ex- medical care our Reservists require to oper- across the country could assign liaisons to traordinarily qualified individual, as I ate at maximum proficiency. These dedi- help manage a Reservist’s care and maintain do. cated and loyal soldiers need to know what contact with their mobilization base at any I had the honor of having Bill Pryor to expect in the medical review process. point. work for me. I had not known him They need to understand thoroughly the Lastly, it has been reported that architec- Army’s health care system, warts and all. until shortly before I was elected attor- tural hardware and software exist that will This strong, steady leadership must have the ney general of Alabama in 1994. I allow the Army to equip its hospitals, dining goal of reaffirming the Army’s seamless sup- talked with him about coming to work halls, and commissaries with scanners that port for the ‘‘Army of One’’ and the coun- with me. He had been with two of the could read an ID that can show whether a try’s gratitude for their service and sacrifice, member of the service is from the active best law firms in Birmingham. He was reassuring them that they are not forgotten component or the Reserves. Perhaps the Cau- a partner in a highly successful law despite the fact they are separated from cus should look at such systems as a means firm. He knew financially it would be a their units. To move the Reservists along to a Medical of addressing the perceived bias that exists cut for him and his family, but he de- Evaluation Board if required, many more when reservists are queried about their serv- cided to come to Montgomery to be doctors need to be assigned to Ft. Stewart ice status. chief of constitutional and special liti- and, specifically, to these cases. The biggest The PRESIDING OFFICER. The Sen- gation and to help improve the legal delay in getting the Reservists off medical ator from Alabama. system in America. hold is the wait to optimize care. Many sol- Mr. SESSIONS. Madam President, I As I have said before, I have not diers are seeing a different doctor every time thank Senator BOND for his leadership known a single individual in my his- they enter the hospital, each of whom may on veterans issues throughout this tory of practicing law who is more prescribe a different remedy. Additional doc- Congress, as he always does. I have committed, more dedicated, has more tors and specialists, who could help coordi- nate care, would provide greater continuity- been over to Walter Reed Army Hos- integrity about the issues that are im- of-care, one of the central reasons to keep pital on three different occasions. portant to the legal system of America, them at their mobilization station in the Families tell me they are being treated a man who is more committed to im- first place. extremely well. The soldiers are very proving the rule of law in America. Bill

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.005 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14091 Pryor is that kind of person. He is a de- tack groups. They go into people’s PRYOR from Arkansas was attorney cent family man. He is a principled records and backgrounds and they seek general in Arkansas, he joined on the church man. He is a person who be- any way they can to distort a person’s brief. So this was not an extreme view; lieves the law is something that ought record, caricature them as something it was a prevailing view. to be followed. they are not, and then come up to this They said he was against disability In fact, right now, he has found him- Senate and ask us, based on distorted rights. How disturbing that is. To say self, as is his duty as attorney general, and dishonest information, to vote Bill Pryor, who had a sworn obligation to bring the case brought by the judi- them down. That is not right. and did it to defend the State of Ala- cial inquiry commission in Alabama What has been done to Bill Pryor and bama legal rights, was somehow against Judge Moore, the chief justice several other nominees who have been against the disabled is stunning to of the Alabama Supreme Court, whom sent up here is not right. What we have hear. the judicial inquiry commission been seeing is once these groups all I want to mention a couple of things charged with not complying with a come together and they make their ap- in regard to the type of bipartisan sup- Federal court order. Here he is doing peals to the leadership on the other port he has gotten in Alabama. I men- his duty again, as he has done time and side, they have been given support on tioned earlier last night the support he again, even when it was not politically these nominations. They have stuck has gotten from a number of individ- popular to do so. Even when conserv- together and blocked them. The minor- uals of real prominence in the State. ative friends and Republican friends ity leader, Senator DASCHLE, has led Dr. Joe Reed, the chairman of the Ala- very much disapproved, he has tried to the Democratic Senators and they have bama Democratic Conference, an arm identify what the law is. He is com- blocked a series of highly qualified, su- of the Democratic Party of Alabama, mitted to doing what the law says, and perb nominees. That is very frus- has strongly endorsed Mr. Pryor. Dr. he has proven it time and again. trating. I believe it is unfair. Reed is a partisan Democrat. He sits on Bill Pryor grew up in Mobile, AL. His I will share a few things that are rel- the Democratic National Committee. I father was band director at McGill- evant to this issue. The People for the assure my colleagues all Democratic Toolen High School, a wonderful American Way is the group that has candidates who seek to win a primary Catholic high school in Mobile. raised most of the issues. They refer to in Alabama, including Presidential He was raised in the church. His him as a rightwing zealot, unfit to candidates, call Dr. Reed when they are mother taught at an African-American judge. How about this line: He person- thinking about coming to Alabama. school. His family considered them- ally has been involved in key Supreme They seek his support, because when he selves Kennedy Democrats in the 1960s. Court cases that by narrow 5-to-4 ma- speaks, a lot of voters follow. That is the way he was raised. He went jorities have hobbled Congress’s ability He said this about Mr. Pryor: A first- to law school at Tulane University, one to protect Americans’ rights. class public official, will be a credit to of America’s great law schools. He If one reads that carefully, what they the judiciary and a guardian of justice. graduated magna cum laude at that will see is that he, as attorney general Mr. Alvin Holmes, probably the most fine law school, at the top of his class, of the State of Alabama, has been in- outspoken African American in the leg- and his fellow members of the Tulane volved in litigation in the United islature, said this about Mr. Pryor: Law Review elected him editor in States Supreme Court that he pre- I am a black member of the Alabama chief, the finest honor any graduating vailed on, that he won. He has won a House of Representatives having served for senior in a law school can obtain, to be number of cases in the Supreme Court 28 years. During my time of service in the defending interests of States, and Alabama House of Representatives I have led named editor in chief of the Law Re- most of the fights for civil rights of blacks, view. He did an extraordinary job with States do have interests. A lot of time women, lesbians and gays and other minori- that. we forget the interests of the States in ties. I consider Bill Pryor as a moderate on Upon his graduation, he applied for America. We just willy-nilly pass legis- the race issue. and was hired to be a law clerk for the lation and then when somebody defends He concludes: Fifth Circuit Court of Appeals, the sis- a State, as an attorney general is Finally, as one of the key civil rights lead- ter circuit to the Eleventh Circuit sworn to do—he is sworn to defend the ers in Alabama who has participated in basi- Court of Appeals, which he would sit on laws of the State of Alabama, the con- cally every civil rights demonstration in when he is confirmed. He clerked for stitution of the State of Alabama. And America, who has been arrested for civil one of the legends of the Fifth Circuit, when the Congress of the United States rights causes on many occasions, as one who Judge John Minor Wisdom, who was passes laws that abrogate those rules, was a field staff member of Dr. Martin Lu- probably, more than any other judge— if he has a legitimate case in court, he ther King’s SCLC, as one who has been bru- has not only a choice, he has a duty to tally beaten by vicious police officers for Judge Rives, Judge Tuttle, and Judge participating in civil rights marches and Wisdom are the judges who have been defend those laws against erosion by demonstrations, as one who has had crosses credited with changing and breaking the national Government. burned in his front yard by the KKK and down the rules of segregation in the One law they have complained about other hate groups, as one who has lived South during a very difficult period. and complained about incredibly was under constant threats day in and day out Judge Wisdom has always had the that under the Americans with Disabil- because of his stand fighting for the rights of most superior law clerks. They come ities Act, this Congress allowed people blacks and other minorities, I request your from all over the country, and yet he to sue the employer, but the historic swift confirmation of Bill Pryor to the 11th document of sovereign immunity says Circuit because of his constant efforts to selected Bill Pryor, and Attorney Gen- help the causes of blacks in Alabama. eral Pryor remained a great admirer of one cannot sue States unless they au- He noted his help with the church Judge Wisdom. thorize the suit. The power to sue is I say that to say the charges that the power to destroy a government. bombing case, and he noted Bill Pry- have been brought against him just do Governments, since before our found- or’s early commitment that he would not ring true. The things that are said ing, have understood that doctrine. It eliminate an old provision in the Ala- about Bill Pryor do not reflect the man is a part of the law of every State in bama constitution that prohibited we know in Alabama, do not reflect the America, and Attorney General Pryor interracial marriage. It had been there, qualities of the individual known in said in that small number of cases that been declared unconstitutional, but it this State of Alabama by Democrats, amount to 4 percent of the complaints was still in the constitution. Bill Pryor Republicans, African Americans, under the Americans with Disabilities believed it ought not to be in the con- Whites, everybody in the State. They Act, one could not sue the State of Ala- stitution. According to Mr. Alvin know him. They know the quality of bama for damages. A person could sue Holmes: his integrity. They know his commit- to get their job back, they could sue to Every prominent white political leader in get promoted, but they just could not Alabama (both Republican and Democrats) ment to law. Of that, they have no opposed my bill or remained silent except doubt. There is no doubt about this. get damages because of the doctrine of Bill Pryor who openly and publicly asked the So what do we have? We have a group sovereign immunity. He took it to the white and black citizens of Alabama to vote Senator HATCH often calls the ‘‘usual Supreme Court and the Supreme Court and repeal such racist law. He gives Bill suspects.’’ We have groups that are at- agreed with him. When Senator MARK Pryor all the credit for that.

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.014 S06PT1 S14092 CONGRESSIONAL RECORD — SENATE November 6, 2003 Mr. President, I see the distinguished other things. But we will talk and talk this precious floor time to rehash the ranking member of the Judiciary Com- and talk about three or four judges. debate on one of the President’s most mittee is here. He knows how much I There is unfinished business of pro- controversial nominees to the inde- love and respect and admire Bill Pryor. viding a real prescription drug benefit pendent Federal judiciary, the nomina- I believe he has broad bipartisan sup- for seniors, but we will instead talk tion of William Pryor? Perhaps it is to port. He is a brilliant lawyer, com- and try to make political points. We give some on the Republican side an- mitted to the highest principles of jus- have the Nation’s unemployment, hav- other chance to continue to make false tice in America, committed to giving ing seen for 8 years adding a million arguments about judicial nominations. every American an equal right in jobs a year, having seen in the last 21⁄2 Perhaps it is to give some platform for court, committed to high ideals. He is years losing more than a million jobs a baseless and McCarthyite accusations a man of faith, a man who takes his year. We talk about the economy im- that Senators oppose Mr. Pryor be- faith seriously, who is thoughtful but proving. Tell that to the American cause of his religion. who has demonstrated that he will fol- families who can’t find a job, or find This is the worst of religious McCar- low the law even if it conflicts with his two or three jobs because they are so thyism I have heard, although there deepest and most sincere opinions. low paying they are working 80 hours a are aspects that are actually amusing. I yield the floor and reserve the re- week and not having time to be with We had one of these Republicans go on mainder of my time. their children or their families. a Sunday morning show, I guess, to ac- The PRESIDING OFFICER. The Sen- We see the corporate and Wall Street cuse me of being anti-Catholic. When ator from Vermont. scandals, the mutual funds, and others. asked about it, we responded I didn’t Mr. LEAHY. Madam President, how Those concern those of us who have in- see it because my wife and I were at much time is available to each side? vested and placed our trust and finan- Mass, as we are on every Sunday morn- The PRESIDING OFFICER. Thirty cial security at risk in the securities ing, and that was when the program minutes was available to each side at market. I think of a number of people was on. But I suspect it is to distract the beginning of the debate. The major- in Vermont who are approaching re- from the real concerns that affect ity has 161⁄2 minutes remaining. tirement time and see these scandals Americans every day. Mr. LEAHY. How many? where their money is being taken away The facts show the Senate has made The PRESIDING OFFICER. Sixteen and they see a Senate unwilling or un- progress on judicial vacancies in those and a half minutes on the majority able to move legislation addressing areas where the administration has side. that. been willing to work with the Senate. Mr. LEAHY. Our side has 30 minutes? Of course, we are not doing oversight Yesterday, the Senate confirmed the The PRESIDING OFFICER. That is on the war in Iraq. We are signing 168th of President Bush’s judicial nomi- correct. blank checks, but we are not doing nees. Mr. LEAHY. Madam President, I un- oversight. Incidentally, I should point out, of derstand there is a request on the Re- Lowest Vacancy Rate in 13 Years: I that 168, 100 of them were confirmed publican side to accommodate the mention this only because, instead of during the 17 months the Democrats scheduling, then, to have this vote at considering these very important mat- controlled the Senate, and I was chair- noon. One of the things I have learned ters—matters that seem to be ne- man; 68 of them during the 17 months in 29 years here is to always try to ac- glected by both the White House and the Republicans controlled the Senate. commodate other Senators on sched- the Congress—Republican leadership It is kind of hard to say we are par- uling, for both parties. insists on rehashing the debate on one tisan on this when in 17 months we I ask unanimous consent that the of a tiny handful of judicial nominees confirmed 100 of the President’s nomi- vote be at 12, with the additional time in which further Senate action is un- nees and in the 17 months the Repub- to be equally divided. likely. Certainly, when the Republican licans confirmed 60. Actually, we could The PRESIDING OFFICER. Without leadership was considering the judicial have confirmed several more had the objection, it is so ordered. nominees of a Democratic President in Republican leadership just scheduled Mr. LEAHY. Madam President, only the years 1995 to the year 2000, they votes on these noncontroversial nomi- the Republican leadership can answer showed no concern about stranding nations. The truth is, in less than 3 why it refuses to proceed on what all of more than 60—let me repeat that, more years’ time the number of President us know are the real priorities—not than 60—of President Clinton’s judicial Bush’s judicial nominees the Senate hollow priorities—of the American peo- nominees without hearings or votes. has confirmed has exceeded the number ple in these waning days of the legisla- They did not demand an up-or-down of judicial nominees confirmed for tive session. We have a number of an- vote on every nominee. They were con- President Reagan, who was the all- nual appropriations bills on which the tent to use anonymous holds to scuttle time champ to get judges confirmed in Senate has yet to act. We do know the scores of nominees. the first 4 years in office. Everybody law requires us to finish those by Sep- This is not a question of having a fili- acknowledges that President Reagan tember 30. We are now well into No- buster or a cloture vote. If one mem- had more judges confirmed in his first vember and we have yet to act on ber, just one member of the Republican 4 years than any President ever had in them. caucus objected to one of President the Republican-controlled Congress We should look at the purpose of Clinton’s nominees, they didn’t have to and Republican-controlled Senate. He some of these appropriations bills that stand up here and say so. They could confirmed more judges in 4 years than are being held up while we are wasting just let their side know and the person anybody else until President Bush, who time trying to do things for political was never given a hearing, never given has had 7 more Federal judges con- points. We are holding up the appro- a vote. firmed in less than 3 years than Presi- priations for America’s veterans. What There were numerous extraordinarily dent Reagan did in 4. a bad time to send that signal, when well-qualified people. In fact, they To give you some idea, here are the our veterans, and many who are about stood by while vacancies rose from 65 Clinton nominees over a period of, ac- to become our veterans, are serving so in January 1995 when the Republicans tually, 5 years: 248 were confirmed, and bravely in Iraq and Afghanistan. took over the majority, to 110 when 63 of them were blocked by the Repub- We are holding up appropriations for Democrats assumed Senate leadership licans—63. Some are ones where we had law enforcement. As one who served for in the summer of 2001. Republicans pre- cloture votes and we won on the clo- 81⁄2 years in law enforcement, I know sided over the doubling of circuit court ture votes and got them through. how much our law enforcement people vacancies from 16 to 33 during that Twenty percent of President Clinton’s rely on those funds. We are holding up time by simply refusing to allow Presi- nominees were blocked by the Repub- appropriations for the State Depart- dent Clinton’s nominees to have a vote. lican-controlled Senate. ment. We are holding up appropriations As I said, over 60 of them were never Between 2001 and 2003, President for the Federal judiciary. We are hold- allowed to have a vote. Bush sent 16 through, and 4 were ing up appropriations for housing. We McCarthyite Smears: So why do they blocked; or 2 percent were blocked. Ac- are holding up appropriations for many insist that the Senate now consume tually, 2 percent is pretty darned good.

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.017 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14093 Look at what has happened on vacan- cludes money raised by Republican counts how Mr. Pryor persuaded him cies when the Republicans were in the Senators and even by the President’s that he was right for the job by show- majority. Look at how vacancies sky- family, no apologies or denunciations ing them research papers from his time rocketed because they were blocking were heard. Other Republican members in law school about nonacquiescence in usually by a one-person anonymous fil- of the Judiciary Committee and of the court orders. Indeed, the Governor and ibuster. President Clinton’s nominee Senate have either stood mute in the his son say that Mr. Pryor’s position vacancies skyrocketed. During the 17 face of these McCarthyite charges, or, on defying court orders changed only months when I was chairman and the worse, have fed the flames. when he decided he wanted to become a Democrats were in the majority, look These accusations are harmful to the Federal judge. at how we quickly brought down those Senate and to the Nation and have no I have been here 29 years. I don’t re- vacancies of all of President Bush’s place in this debate or anywhere else. member any President, Republican or nominees. Ironically, President Bush Just a few weeks ago, President Bush Democratic, who would think of send- nominated people to fill vacancies cre- rightly told the Prime Minister of Ma- ing up a nominee who has told people ated because the Republicans refused laysia that his inflammatory remarks he will get his job with a promise that to allow President Clinton’s nominees about religion were ‘‘wrong and divi- he will defy courts. This is so violative to go through. Of course, they continue sive.’’ He should say the same to mem- of even what Mr. Pryor said in sworn to go down. bers of his own party. Today, Repub- statements before the Senate Judiciary If debates like this are staged to give lican Senators have another chance to Committee. some a platform for repulsive smears do what they have not yet done and Assuming that the sworn statement that Democrats are opposing Mr. Pryor what this Administration has not yet of the former Republican Governor of because of his religion, they will have done: Disavow this campaign of divi- Alabama and his son are true, this in- to enter a realm of demagoguery, re- sion waged by those who would misuse formation is consistent with extre- peating false allegations and innuendo religion by playing wedge politics with mism. often enough to hope that some of it. I hope that the Republican leader- Elsewhere, Mr. Pryor’s record is their mud will stick. ship of the Senate will finally disavow shocking. I cannot imagine any Presi- Senate Democrats oppose the nomi- the contention that any Senator is dent—I have been here with six Presi- nation of William Pryor to the Elev- being motivated in any way by reli- dents, Republican and Democrat—who would send somebody up here with that enth Circuit because of his extreme gious bigotry. some, with good reason, use the word An Extreme and Divisive Nominee: kind of a record. I pride myself in voting for nominees ‘‘radical’’—ideas about what the Con- Let us take William Pryor. Many of us of Presidents. President Ford, Presi- stitution says about federalism, crimi- opposed his nomination to the Elev- dent Carter, President Reagan, former nal justice and the death penalty, vio- enth Circuit because of his extreme—in President Bush, President Clinton, and lence against women, the Americans fact, some would view radical—ideas even the current President Bush, I with Disabilities Act, and the Govern- about what the Constitution says probably have voted for 98 or 99 percent ment’s ability to protect the environ- about federalism and what the Con- of all the nominations. But this is one ment on behalf of the American people. stitution says about criminal justice that never should even have come to Of course, those substantive concerns and the death penalty, his views about us. It is not a question of whether to will not do much to help raise money violence against women, or the Ameri- vote it up or down—it shouldn’t even for the Republican Party or seem pro- cans With Disabilities Act, or the Gov- be here. In fact, the President ought to vocative in a flyer placed on wind- ernment’s ability to protect the envi- withdraw this nomination because, if shields late on the day before an elec- ronment on behalf of all American peo- this affidavit of Governor James is tion and hardly get a mention on the ple—not just the environment to pro- true—and he did make it under pain of evening news. So some Republican par- tect just Republicans or just Demo- penalty of perjury—that means Mr. tisans will be putting the truth to one crats but all Americans. Pryor sat with Governor James and I am stunned as I read and reread re- side. They dismiss the views of Demo- promised to undermine the very basis cratic Senators doing their duty under ports. Just to see how radical his ideas of the stability of the United States the Constitution to examine the fitness are, just today I learned of the sworn Government and its legal system. of every nominee to a lifetime position affidavits made under oath by the I don’t understand how any Senator, on the Federal bench and choose, in- former Republican Governor of Ala- Republican or Democrat, can continue stead, to use smears and the ugliest ac- bama, Bob James and his son. They ex- to support this nomination. cusations they could dream up. plained the circumstances under which There are a whole lot of other rea- This started in the aftermath of the Governor James came to appoint Mr. sons. first rejection of the Pickering nomi- Pryor as attorney general. We keep Again, I cannot believe any President nation in the Judiciary Committee. hearing about how Attorney General would send a nominee here who has After the committee voted not to rec- Pryor just looks at the law, he will just done this. ommend him to the full Senate, insinu- stand by the law, and he will call them There are some other reasons he ations were made on this Senate floor as he sees them. In sworn affidavits, shouldn’t be a judge on the Eleventh that Democrats opposed him because the Governor who appointed him said Circuit. These reasons have prompted a he is a Baptist. From that time to now, Mr. Pryor was only hired after making chorus of opposition of individuals and I have waited patiently for Republican explicit promises—explicit promises— organizations and editorial pages Senators to disavow such charges that he would defy court orders up across the Nation, the South, the East, which they know to be untrue. through and including orders of the Su- and the West. Organizations and indi- Just a few weeks ago, Republican preme Court of the United States. viduals concerned about justice before Senators on the Judiciary Committee This is a man we want to give a life- the Federal courts include Log Cabin trotted out an offensive cartoon tar- time tenure on the court of appeals, Republicans, Leadership Conference on geting a nominee, and asked us to de- which is one step below the United Civil Rights, Alliance for Justice, and nounce it. Even though it was taken off States Supreme Court; somebody who many others have provided the com- a website run by two private individ- would take a job where he has made mittee with their concerns and bases uals, of whom I had never heard before promises that he would defy court or- for their opposition. We have received and who have no connection to Demo- ders, including the Supreme Court of letters of opposition from organiza- cratic Senators, we appropriately de- the United States; a person who takes tions that rarely take positions on nounced it without hesitation. an oath to uphold the Constitution but nominations who feel strongly about Abusing Religion For Wedge Politics: says give me the job and don’t worry this one and are compelled to write, in- But when slanderous accusations were about that oath, I promise I will defy cluding the National Senior Citizens made by Republican Senators, and ads them. Law Center, Anti-Defamation League, run by a group headed by the Presi- These statements were made under Sierra Club, and others. dent’s father’s former White House the penalty of perjury by a former Re- I ask unanimous consent that a list counsel and a group whose funding in- publican Governor of Alabama. He re- of all of the letters that have been sent

VerDate jul 14 2003 05:56 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.019 S06PT1 S14094 CONGRESSIONAL RECORD — SENATE November 6, 2003 in opposition to Mr. Pryor’s confirma- Suzanne Gwynn, Ms. Cecilia Street and Research Group, Valley Watch, Inc., Vir- tion be printed in the RECORD. Sister Magdala Thompson, Mobile, AL ginia Forest Watch, Waterkeepers North- There being no objection, the mate- GROUPS ern California, and Wisconsin Forest rial was ordered to be printed in the The Ability Center of Defiance, Defiance, OH Conservation Task Force, RECORD, as follows: Ability Center of Greater Toledo Equality Alabama Feminist Majority LETTERS OF OPPOSITION TO THE NOMINATION Access for America The Freedom Center OF BILL PRYOR, TO THE 11TH CIRCUIT COURTS Access Now, Inc. Heightened Independence & Progress OF APPEAL The ADA Committee ADA Watch Houston Areas Rehabilitation Association ELECTED OFFICIALS AFL–CIO Human Rights Campaign Congressional Black Caucus AFSCME Illinois-Iowa Center for Independent Living CIVIL RIGHTS MOVEMENT VETERANS Alliance for Justice Independent Living Center of Southern Cali- Rev. Fred Shuttlesworth, Leader, Bir- Americans for Democratic Action fornia, Inc. mingham Movement American Association of University Women Independent Living Resource Center, San Rev. C.T. Vivian, Executive Staff for Dr. American Jewish Congress Francisco, CA Martin Luther King, Jr. Americans United for Separation of Church Justice for All Project, letter signed by the Dr. Bernard LaFayette, Executive Staff for and State following California organizations: Dr. Martin Luther King, Jr. Anti-Defamation League Americans United for Separation of Rev. Jim Lawson, Jr., Advisor to Dr. Martin B’nai B’rith International Church and State, Los Angeles, Cali- Luther King, Jr., President of Southern California Council of the Blind fornia National Organization for Women, Christian Leadership Conference (Los California Foundation for Independent Liv- Committee for Judicial Independence, Angeles) ing Centers Democrats. Com of Orange County, CA, Rev. James Bevel, Executive Staff for Dr. Center for Independent Living of South Flor- Feminist Majority Foundation, National Martin Luther King, Jr. ida Center for Lesbian Rights, National Rev. James Orange, Organizer for National Citizens for Consumer Justice of Pennsyl- Council of Jewish Women/California, Na- Southern Christian Leadership Con- vania letter also signed by: NARAL- tional Council of Jewish Women/Los An- ference Pennsylvania, National Women’s Polit- geles, National Employment Lawyers’ Claud Young, M.D., National Chair, South- ical Caucus, PA, PennFuture, Sierra Association, San Diego County National ern Christian Leadership Conference Club, and United Pennsylvanians Organization of Women, National Wom- Rev. E. Randel T. Osbourne, Executive Direc- Coalition for Independent Living Options, en’s Political Caucus, Noe Valley Min- tor, Southern Christian Leadership Inc. istry, Planned Parenthood of San Diego Foundation Coalition to Stop Gun Violence and Riverside Counties, Progressive Jew- Rev. James Ellwanger, Alabama Movement Disabled Action Committee ish Alliance, Rock the Vote, Stonewall Activist and Organizer Disability Resource Agency for Independent Democratic Club of Los Angeles, Uni- Dorothy Cotton, Executive Staff for Dr. Mar- Living, Stockton, CA tarian Universalist Project Freedom of tin Luther King, Jr. Disability Resource Center, North Charles- Religion, and Women’s Leadership Alli- Rev. Abraham Woods, Southern Christian ton, SC ance Leadership Conference Earthjustice Lake County Center for Independent Living, Thomas Wrenn, Chair, Civil Rights Activist Eastern Paralyzed Veterans Association, IL Committee, 40th Year Reunion Jackson Heights, NY Leadership Conference on Civil Rights Sherrill Marcus, Chair, Student Committee Eastern Shore Center for Independent Liv- Log Cabin Republicans for Human Rights (Birmingham Move- ing, Cambridge, MD MALDEF ment, 1963) Environmental Coalition Letter signed by: NAACP Dick Gregory, Humorist and Civil Rights Ac- American Planning Association, Clean NARAL Pro-Choice America tivist Water Action, Coast Alliance, Commu- National Abortion Federation Martin Luther King III, National President, nity Rights Counsel, Defenders of Wild- National Association of Criminal Defense Southern Christian Leadership Con- life, EarthJustice, Endangered Species Lawyers ference Coalition, Friends of the Earth, League National Association of the Deaf Mrs. Johnnie Carr, President, Montgomery of Conservation Voters, National Re- National Council of Jewish Women letter Improvement Association (1967-Present) sources Defense Council, The Ocean Con- signed by B’nai B’rith International, (Martin Luther King, Jr. was the Asso- servancy, Oceana, Physicians for Social Central Conference of American Rabbis, ciation’s first President. The Association Responsibility, Sierra Club, U.S. Public and Union of American Hebrew Con- was established in December, 1955 in re- Interest Research Group, The Wilderness gregations sponse to Rosa Park’s arrest.) Society, Alabama Environmental Coun- National Disabled Students Union LETTERS FROM THE ELEVENTH CIRCUIT cil, Alliance for Affordable Energy, National Employment Lawyers Association Alabama Hispanic Democratic Caucus American Lands Alliance, Buckeye For- National Family Planning & Reproductive Hispanic Interest Coalition of Alabama est Council, California Native Plant So- Health Association Jefferson County Progressive Democratic ciety, Capitol Area Greens, Center for Bi- National Organization for Women Legal De- Council, Inc. ological Diversity, Citizens Coal Council, fense and Education Fund Latinos Unidos De Alabama Citizens of Lee Environmental Action National Partnership for Women & Families NAACP, Alabama State Conference Network, Clean Air Council, The Clinch National Resources Defense Council National Council of Jewish Women Chapter Coalition, Committee for the Preserva- National Senior Citizens Law Center, letter in Florida, Alabama and Georgia tion of the Lake Purdy Area, Con- also signed by AFCSME Retirees Pro- The People United, Birmingham, AL necticut Public Interest Research Group, gram, Center for Medicare Advocacy, Petitioners’ Alliance Devil’s Fork Trail Club, Dogwood Alli- Families USA, and Gray Panthers Tricia Benefield, Cordova, AL ance, Environment Colorado, Environ- National Women’s Law Center Patricia Cleveland, Munford, AL mental Law Foundation, Florida Con- New Mexico Center on Law and Poverty Hobson Cox, Montgomery, AL sumer Action Network, Florida League Parents, Families, and Friends of Lesbians Judy Collins Cumbee, Lanett, AL of Conservation Voters, Florida Public and Gays Larry Darby, Montgomery, AL Interest Research Group, Foundation for People for the American Way B. Ilyana Dees, Birmingham, AL Global Sustainability, Friends of Hurri- Pennsylvania Council of the Blind Morris Dees; Co-Founder and Chief Trial cane Creek, Friends of Rural Alabama, Placer Independent Resource Services Counsel, Southern Poverty Law Center Kentucky Resources Council, Inc., Planned Parenthood Federation of America Martin E. DeRamus, Pleasant Grove, AL Landwatch Monterey County, Native Planned Parenthood of Northern New Eng- Bryan K. Fair, Professor of Constitutional Plant Conservation Campaign, North land Law at University of Alabama Carolina Public Interest Research Group, Protect All Children’s Environment, Marion, Joseph E. Lowery, Georgia Coalition for the Oilfield Waste Policy Institute, Patrick NC Peoples’ Agenda Environmental Awareness Group, Public Religious Action Center of Reform Judaism Michael and Becky Pardue, Mobile, AL Interest Research Group in Michigan, Religious Coalition for Reproductive Choice James V. Rasp Rhode Island Public Interest Research SEIU Helen Hamilton Rivas Group, Sand Mountain Concerned Citi- Sierra Club William Alfred Rose, Mountain Brook, AL zens, Save Our Cumberland Mountains, Society of American Law Teachers Terry A. Smith (USMC Ret.), Decatur, AL Sitka Conservation Society, Southern Summit Independent Living Center, Inc., Harold Sorenson, Rutledge, AL Appalachian Biodiversity Project, Tak- Missoula, MT Carolyn Robinson, Semmes, AL ing Responsibility for the Earth and En- Tennessee Disability Coalition, Nashville, Sisters of Mercy letter signed by Sister Dom- vironment, Tennessee Environmental TN inica Hyde, Sister Alice Lovette, Sister Enforcement Fund, Texas Public Interest Vermont Coalition for Disability Rights

VerDate jul 14 2003 05:56 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.020 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14095 CITIZENS view of the Commerce Clause powers of States Supreme Court questioned the Carol Baizer, Santa Barbara, CA Congress. While his advocacy in this constitutionality of Alabama’s method Daily Dupre, Jr., Lafayette, LA case is a sign to most people of the ex- of execution in 2000, Mr. Pryor lashed Don Beryl Fago, Evansville, WI tremism, Mr. Pryor trumpets his in- out at the Supreme Court, saying, Barry S. Gridley, Santa Barbara, CA volvement in this case. He is unabash- ‘‘[T]his issue should not be decided by Greg Jones, Parsons, KS edly proud of his repeated work to nine octogenarian lawyers who happen Catherine Koliha, Boulder, CO limit Congressional authority to pro- to sit on the U.S. Supreme Court.’’ Donald R. Mitchell, Bourbonnais, IL Aside from the obvious disrespect Patricia Murphy, Juneau, AK mote the health, safety and welfare of Elizabeth A. Patience, Watertown, NY all Americans. this comment shows for the Nation’s Jason Torpy, Marietta, OH Mr. Pryor’s passion is not some ob- highest court, it shows again how re- Randy Wagoner, New England scure legal theory but a legal crusade sults-oriented Mr. Pryor is in his ap- Rabbi Zev-Hayyim Feyer, Murrieta, CA that has driven his actions since he proach to the law and to the Constitu- Joan Claybrook, President, Public Citizen was a student and something that tion. Of course, an issue about cruel Nick Nyhart, Executive Director, Public guides his actions as a lawyer. Mr. Pry- and unusual punishment ought to be Campaign or’s speeches and testimony before decided by the Supreme Court. It is ad- John Bonifaz, Executive Director, National dressed in the Eighth Amendment, and Voting Rights Institute Congress demonstrate just how rooted his views are, how much he seeks to ef- whether or not we agree on the ruling, LETTERS OF SERIOUS CONCERN fect a fundamental change in the coun- it is an elementary principle of con- The Interfaith Alliance try, and how far outside the main- stitutional law that it be decided by Mr. LEAHY. Madam President, the stream his views are. the Supreme Court, no matter how old ABA indicates concern about this nom- Mr. Pryor is candid about the fact its members. ination. The Standing Committee of that his view of federalism is different Mr. Pryor has also vigorously op- the Federal Judiciary gave Mr. Pryor a from the current operation of the Fed- posed an exemption for persons with partial rating of not qualified to sit on eral Government and that he is on a mental retardation from receiving the the Federal bench. And indications mission to change the Government to death penalty, exhibiting more cer- from these peer reviews have been fit his vision. His goal is to continue to tainty than understanding or sober re- flection. He authored an amicus curiae enough to raise red flags in the con- limit Congress’s authority to enact brief to the Supreme Court arguing firmation process. laws under the Fourteenth Amendment that the Court should not declare that Let me talk about some more of the and the Commerce Clause—laws that executing mentally retarded persons reasons we oppose William Pryor. Like protect women, ethnic and racial mi- violated the Eighth Amendment. After Jeffrey Sutton, Mr. Pryor has been a norities, senior citizens, the disabled, losing on that issue, Mr. Pryor made crusader for the federalist revolution, and the environment—in the name of an unsuccessful argument to the Elev- but Mr. Pryor has taken an even more sovereign immunity. Is there any ques- enth Circuit that an Alabama death- prominent role. Having hired Mr. Sut- tion that he would pursue his agenda as row defendant is not mentally re- ton to argue several key federalism a judge on the Eleventh Circuit Court cases in the Supreme Court, Mr. Pryor tarded. of Appeals—reversing equal rights Mr. Pryor has spoken harshly about is the principal leader of the federalist progress and affecting the lives of mil- movement, promoting state power over the moratorium imposed by former Il- lions of Americans for decades to linois Governor George Ryan, calling it the Federal Government. A leading come? proponent of what he refers to as the a ‘‘spectacle.’’ Can someone so Mr. Pryor’s comments have revealed dismissive of evidence that challenges ‘‘federalism revolution,’’ Mr. Pryor insensitivity to the barriers that dis- his views be expected to hear these seeks to revitalize state power at the advantaged persons and members of cases fairly? Over the last few years, expense of Federal protections, seeking minority groups and women continue many prominent Americans have opportunities to attack Federal laws to face in the criminal justice system. begun raising concerns about the death and programs designed to guarantee Attacking the Voting Rights Act: In penalty, including current and former civil rights protections. He has urged testimony before Congress, Mr. Pryor supporters of capital punishment. For that Federal laws on behalf of the dis- has urged repeal of Section 5 of the example, Justice O’Connor recently abled, the aged, women, minorities, Voting Rights Act—the centerpiece of said there were ‘‘serious questions’’ and the environment all be limited. that landmark statute—because, he about whether the death penalty is Limiting Worker And Environmental says, it ‘‘is an affront to federalism and fairly administered in the United Protections: He has argued that the an expensive burden that has far out- States, and added: ‘‘[T]he system may Federal courts should cut back on the lived its usefulness.’’ That testimony well be allowing some innocent defend- protections of important and well-sup- demonstrates that Mr. Pryor is more ants to be executed.’’ In response to ported Federal laws including the Age concerned with preventing an ‘‘af- this uncertainty, Mr. Pryor offers us Discrimination in Employment Act, front’’ to the states’ dignity than with nothing but his obstinate view that the Americans with Disabilities Act, guaranteeing all citizens the right to there is no problem with the applica- the Civil Rights Act of 1964, the Clean cast an equal vote. It also reflects a tion of the death penalty. This is a po- Water Act, the Violence Against long-discredited view of the Voting sition that is not likely to afford a fair Women Act, and the Family and Med- Rights Act. Since the enactment of the hearing to a defendant on death row. ical Leave Act. He has repudiated dec- statute in 1965, every Supreme Court Mr. Pryor’s troubling views on the ades of legal precedents that permitted case to address the question has re- criminal justice system are not limited individuals to sue states to prevent jected the claim that Section 5 is an to capital punishment. He has advo- violations of Federal civil rights regu- ‘‘affront’’ to our system of federalism. cated that counsel need not be provided lations. Mr. Pryor’s aggressive involve- Whether under Earl Warren, Warren to indigent defendants charged with an ment in this ‘‘federalist revolution’’ Burger, or William Rehnquist, the offense that carries a sentence of im- shows that he is a goal-oriented, activ- United States Supreme Court has rec- prisonment if the offense is classified ist conservative who has used his offi- ognized that guaranteeing all citizens as a misdemeanor. The Supreme Court cial position to advance his ‘‘cause.’’ the right to cast an equal vote is essen- nonetheless ruled that it was a viola- Alabama was the only state to file an tial to our democracy—not a ‘‘burden’’ tion of the Sixth Amendment to im- amicus brief arguing that Congress that has ‘‘outlived its usefulness.’’ pose a sentence that included a possi- lacked authority to enforce the Clean His strong views against providing bility of imprisonment if indigent per- Water Act. He argued that the Con- counsel and fair procedures for death sons were not afforded counsel. stitution’s Commerce Clause does not row inmates have led Mr. Pryor to Like Carolyn Kuhl, Priscilla Owen grant the Federal Government author- doomsday predictions about the rel- and Charles Pickering, Mr. Pryor is ity to prevent destruction of waters atively modest reforms in the Inno- hostile to a woman’s right to choose. and wetlands that serve as a critical cence Protection Act to create a sys- There is every indication from his habitat for migratory birds. The Su- tem to ensure competent counsel in record and statements that he is com- preme Court did not adopt his narrow death penalty cases. When the United mitted to reversing Roe v. Wade. Mr.

VerDate jul 14 2003 05:56 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.010 S06PT1 S14096 CONGRESSIONAL RECORD — SENATE November 6, 2003 Pryor describes the Supreme Court’s The President has chosen to divide process around here of the Founding decision in Roe v. Wade as the creation the American people, the people of the Fathers saying the Senate is the cool- ‘‘out of thin air [of] a constitutional Eleventh Circuit, and the Senate with ing saucer. We do not work as quickly right,’’ and opposes abortion even in this highly controversial nomination. as the House. We are not as restricted cases of rape or incest. He should clean the slate and choose a as the House. That is how it was in- Mr. Pryor does not believe Roe is nominee who can unite the American tended to be. I don’t believe in tit for sound law, neither does he give cre- people. tat. This is not a tit-for-tat comment, dence to Planned Parenthood v. Casey. I see the distinguished senior Senator but the other side did not even let 50 He has said that ‘‘Roe is not constitu- from New York on the Senate floor. judges come up for a vote in com- tional law,’’ and that in Casey, ‘‘the Would he seek time? mittee. They blocked a far higher per- court preserved the worst abomination I yield the floor. How much time is centage of President Clinton’s judges of constitutional law in our history.’’ remaining? than we have blocked of President When Mr. Pryor appeared before the The PRESIDING OFFICER (Mrs. Bush’s judges. Committee, he repeated the mantra DOLE). Twenty-three minutes 11 sec- The means is not the issue here; it is suggested by White House coaches that onds. the end. So that is how it is. We have he would ‘‘follow the law.’’ But his Mr. LEAHY. I thank the Chair. I been very careful when we have op- willingness to circumvent established yield 10 minutes to the distinguished posed nominees. We have tried to give Supreme Court precedent that protects Senator from New York. the President—it makes sense to do The PRESIDING OFFICER. The Sen- fundamental privacy rights seems it—the benefit of the doubt. But some ator from New York. much more likely. Mr. SCHUMER. Thank you, Madam nominees are so far out of the main- Mr. PRYOR has expressed his opposi- President. I thank our great leader of stream, it is so clear they are going to tion to fair treatment of all people re- the Judiciary Committee, PAT LEAHY, make law, not interpret law, that we gardless of their sexual orientation. leader on our side, for his stalwart de- believe it is our constitutional obliga- The positions he took in a brief he filed fense of having a mainstream Judiciary tion to our country and to the next in the recent Supreme Court case of and for his leadership on so many other generation of Americans to oppose Lawrence v. Texas were entirely repu- issues. them. Mr. Pryor is one of those nomi- diated by the Supreme Court majority I will note what we all start by not- nees. just a few months ago when it declared ing: We have now confirmed 168 of the What the other side has tried to do is that: ‘‘The petitioners are entitled to President’s nominees and opposed 4. two types of things. One, they say we respect for their private lives. The The President is getting his way 98 per- are opposing someone because of their State cannot demean their existence or cent of the time on judicial nomina- race or sex, his or her religion. Those control their destiny by making their tions. To say that is obstructionism is are cheap shots. We are opposing peo- private conduct a crime.’’ Mr. Pryor’s to rewrite Webster’s Dictionary. We ple because they are ideologically out view is the opposite. He would deny have bent over backwards to be fair. of the mainstream, without any dis- certain Americans the equal protection In fact, in many of our States, in- crimination. If they are Black and out of the laws, and would subject the most cluding my own State of New York, of the mainstream, or a woman and out private of their behaviors to public reg- when the President and the White of the mainstream, or Protestant, ulation. House ask for an agreement, we do Catholic, or Jewish and out of the A record of activism: On all of these agree; we are in the process of filling mainstream, we are going to oppose issues—the environment, voting rights, every vacancy in New York. I don’t them. women’s rights, gay rights, federalism, agree with many of the judges we are The second thing they try to do is and more—William Pryor’s record of nominating on particular issues but say it is because of one particular activism and advocacy is clear. That is they meet the fundamental test. The issue. There is a litmus test on Justice his right as an American citizen, but it only litmus test I have is not on any Brown; they are saying it is on affirma- does not make him qualified to be a one issue but, rather, will the judge in- tive action. On Attorney General judge. As a judge it would be his duty terpret the law, not make it. That is Pryor, they are saying it is because of to impartially hear and weigh the evi- what the Founding Fathers wanted the issue of abortion. dence and to impart just and fair deci- judges to do in their infinite wisdom. I Let’s look at the record. I, myself, sions to all who come before the court. say ‘‘infinite’’ because my hair stands Senator LEAHY, and just about every In their hands, we entrust to the judges on edge; the longer I am around, the Democrat have voted for a majority of in our independent Federal judiciary more I respect the wisdom of our judges who disagree with our views on the rights that all of us are entitled to Founding Fathers. In their infinite wis- affirmative action and abortion. The enjoy through our birthright as Ameri- dom, they wanted judges to interpret number of judges I have voted for who cans. law, not make it; they wanted the Sen- are pro-life in the last 2 years far ex- The President has said he is against ate, in its infinite wisdom, to be a ceeds the number I have voted for who what he calls ‘‘judicial activism.’’ How check—a real check, not a are pro-choice. That demolishes any ar- ironic, then, that he has chosen several rubberstamp—on the President’s power gument of a litmus test. I have not of the most committed and opinionated to nominate. The Senate is a cooling asked too many judges their views on judicial activists ever to be nominated saucer. affirmative action, but my guess is, to our courts. The other side says, let the majority how ideologically driven the Presi- The question posed by this controver- rule. We know what will happen. Every dent’s nominees are, that I have voted sial nomination is not whether Mr. single one of the President’s nominees, for a large number of nominees who Pryor is a skilled and capable politi- so many chosen through ideological disagree with my view on affirmative cian and advocate. He certainly is. The prisms, will be approved. I don’t think action as well. But it is not a litmus question is whether—not for a 2-year we have had a situation, since the test. It is again a question, Will they term, or a 6-year term, but for a life- President has nominated anyone—I make law or will they interpret law? time—he would be a fair and impartial may be wrong—where a single Repub- If we look at Attorney General Pry- judge. Could every person whose rights lican opposed any of the President’s or’s record, he is not a mainstream or whose life, liberty or livelihood were nominees. Is that the open, grand de- conservative. He is far out of the main- at issue before his court, have faith in bate the Founding Fathers envisioned? stream. Let me give some examples. being fairly heard? Could every person I may be off by an instance here and an On criminal justice issues, I tend to rightly have faith in receiving a just instance there, but I am sure if you be conservative. I tend to agree often verdict, a verdict not swayed by or tabulate all the votes taken by Repub- with my Republican colleagues on yoked to the legal philosophy of a self- licans on all of the nominees, the num- criminal justice and other such issues. described legal crusader? To read Mr. ber of ‘‘no’’ votes, the percentage of But, again, there are limits. He de- Pryor’s record and his extreme views ‘‘no’’ votes, is infinitesimal. fended his State’s practice of about the law is to answer that ques- Yes, we are blocking judges by fili- handcuffing prisoners to hitching posts tion. buster. That is part of the hallowed in the hot Alabama summer for 7 hours

VerDate jul 14 2003 05:56 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.022 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14097 without giving them a drop of water to when they say it to us, it will actually dure. The case the attorney general de- drink, and when the conservative su- happen. As we all know, once we ap- fended was whether or not guards could preme court said this violated the 8th point them, the horse is out of the be sued personally and made personally amendment ban on cruel and unusual barn—lifetime appointment; they are liable for carrying out what at one punishment, he criticized the court’s there forever. But when he goes time had been the established policy of decision, saying they were applying through a pretzel-like contortion— the prison system. That is what went their ‘‘own subjective views on the ap- The PRESIDING OFFICER. The Sen- before the Supreme Court. He did the propriate methods of prison dis- ator’s time has expired. right thing. cipline.’’ Mr. SCHUMER. Madam President, I He was criticized for certain States How about States rights? Attorney ask my colleague to yield me another 2 rights issues on the Violence Against General Pryor has been one of the minutes. Women Act. He challenged a small part staunchest advocates of the Reagan Mr. LEAHY. I yield the Senator 2 of that act that violated a State’s pro- court’s efforts to roll back the clock minutes. cedures and rights of immunity and not just to the 1930s but to the 1890s. The PRESIDING OFFICER. The Sen- won that case in the Supreme Court. He is an ardent supporter of an activist ator from New York. He is recognized for the Children’s Supreme Court agenda cutting back Mr. SCHUMER. But when he goes First Program in Alabama that was to Congress’s power to protect women, through such a contortion to advocate put large amounts of money into im- workers, consumers, the environment, against States rights on Bush v. Gore, proving procedures for children in Ala- and civil rights. you say this is not a man interpreting bama. He was one of the leaders in the As Alabama attorney general, why law; this is a man who is outcome de- State in promoting and working for was he the only one of 50 attorneys terminative. He comes to the result he that. general urging the Supreme Court to wants and then takes the law in that Time and time again, he has proven undo significant portions of the Vio- direction. to be a powerful, effective lawyer. lence Against Women Act? The Vio- I do not have an easel here, so I Thurbert Baker—the Senator talked lence Against Women Act is not out of thank my staff aide for helping me about an attorney general from Ari- the mainstream. In fact, it has over- hold up this very heavy sign. It is zona, who only knew Mr. Pryor, I am whelming support from both parties. heavy in its words. sure, only at attorneys general meet- But here is Pryor, way beyond. Here is what Grant Woods, a former ings. But Thurbert Baker, the Demo- How about on the case of child wel- Republican attorney general of Ari- cratic attorney general of Georgia, an fare? At the same time he was con- zona, said: African American, knows him. This is ceding that Alabama had failed to ful- I would have great question of whether Mr. what Thurbert Baker, an attorney gen- fill the requirements of a Federal con- Pryor has an ability to be nonpartisan. I eral, an African American, said about sent decree regarding the operation of would say he was probably the most doc- Bill Pryor: the State’s child welfare system, he trinaire and most partisan of any attorney [He] has always done what he thought was was demanding that the State be let general I dealt with in 8 years. So I think best for the people of Alabama. out of the deal. It is not so much the people would be wise to question whether or And Mr. Baker said: position he took but the comments he not he’s the right person to be nonpartisan on the bench. [He] know[s] that his work on the bench made afterward. Attorney General will continue to serve as an example of how Pryor said: That did not come from some wild- the public trust should be upheld. My job is to make sure the State of Ala- eyed, crazy, liberal Democrat. It came Former Democratic Alabama Gov- bama isn’t run by federal courts. . . . My job from the attorney general—a Repub- ernor Don Seigelman said: isn’t to come here and help children. lican—of a conservative State, Arizona. Bill Pryor is an incredibly talented, intel- I wonder how many Alabamians He makes the case as good as anybody. lectually honest attorney general. He calls would agree with that statement. Let me say, in conclusion, Bill Pryor them like he sees them. He’s got a lot of When it comes to the environment, is a proud and distinguished ideological courage, and he will stand up and fight when more of the same concerns. We have warrior. I respect him for it. But ideo- he believes he’s right. had a consensus for 40 years that the logical warriors, whether from the left Madam President, I yield the floor Constitution allows the Federal Gov- or from the right, are bad news for the and reserve the remainder of my time. ernment to regulate interstate waters. bench. They want to make law, not in- The PRESIDING OFFICER. The Sen- Not Attorney General Pryor—again, terpret it. That is not what the Found- ator from Texas. the lone attorney general to file an ing Fathers wanted and that is not Mr. CORNYN. Madam President, I amicus brief arguing the Constitution what the American people want from want to say a few words about the does not give the Federal Government their judges. I oppose the nomination. nomination of Bill Pryor to serve on the power to regulate interstate wa- The PRESIDING OFFICER. The Sen- the Eleventh Circuit Court of Appeals. ters. He took this position despite dec- ator’s time has expired. I come to this debate with some per- ades of precedent and the Federal Who yields time? sonal knowledge of the nominee, hav- Clean Water Act, standing for the con- Mr. SESSIONS. Madam President, I ing served as attorney general of Texas trary position. ask unanimous consent for 3 minutes for 4 years during the time Bill Pryor He has been probably the staunchest and then I will yield to the Senator served as attorney general of Alabama. advocate of States rights of all the at- from Texas. Before I get to the specific comments torneys general, of the ability of the The PRESIDING OFFICER. Without about this outstanding nominee and States to do what they want and the objection, it is so ordered. distinguished law enforcement official, Federal Government cannot tell them The Senator from Alabama. I want to say a little bit about the what to do. But then, all of a sudden, Mr. SESSIONS. I would like to re- process. when the Supreme Court in Bush v. spond briefly to Senator SCHUMER’s The process of confirming judicial Gore made a decision that overruled comments. nominees in the Senate is broken, and the State of Florida, only one attorney There have been a lot of words used: it cries out for reform and a fresh general intervened on behalf of either ‘‘extreme views,’’ ‘‘radical views,’’ start. Since I have been in the Senate, side; 49 attorneys general, whatever words of that nature, ‘‘way outside the I have heard those who have attempted their views, had the good sense not to mainstream of legal thought.’’ Then to justify the poor treatment of Presi- intervene in that highly charged case. you listen. Show me what happened, dent Bush’s judicial nominees based Not Attorney General Pryor. It is so what positions he has taken that are upon alleged poor treatment of Presi- contrary to everything he believed in, outside the mainstream. dent Clinton’s judicial nominees. We everything else, that when he says, I He cited this hitching post case and have somehow gotten involved in this will interpret the law—which he has said people were held without water, game of tit for tat, of recrimination, stated before us; every nominee does, which was very much disputed, and I that does not serve the best interests and some do, and some don’t, and we submit was not the truth. But, at any of the American people. We have got- have to make a judgment whether, rate, the State had stopped that proce- ten into unprecedented obstruction of

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.025 S06PT1 S14098 CONGRESSIONAL RECORD — SENATE November 6, 2003 judicial nominees by filibuster, which their hand on the Bible and agreed to the people who elect us, but it erodes has never in the history of this great serve as a judge and interpret the law, the credibility of the Senate itself. Nation happened until recently, and it not make law, or this argument about Today, let me take a few moments to is a tragedy. being congratulated for somehow con- explain why every single Member of As some of my colleagues on this side firming 168 of these people, which sim- this body should vote to invoke clo- of the aisle observed, if a minority of ply does not stand up. ture, and end debate, on the Pryor Democrats are successful in blocking a They have to make a choice. The nomination so that he is afforded the bipartisan majority in the Senate from truth is, they want it both ways. They dignity of an up-or-down vote that is an up-or-down vote on a judicial nomi- really can’t have it both ways. all we are asking for. nee, when the roles are reversed, which Bill Pryor is simply an outstanding Not even those most vigorously op- at some time in the future they may human being and a great attorney gen- posed to Bill Pryor’s nomination con- be, and a Democrat is in the White eral. I believe he will be an outstanding tend that his record is insufficient. He House, Republicans are going to want judge. He is a deeply religious man. has been a bold, vocal, and successful to use the same tactic on nominees of Some have criticized him for his deeply advocate for his state as Attorney Gen- a Democratic President—something I held beliefs. Unfortunately, sometimes eral, an elected office in Alabama. believe would be wrong, but my views in this debate, I worry that by criti- Prior to and during his campaigns do not necessarily control what hap- cizing somebody for their deeply held seeking re-election to the attorney pens in this body. beliefs, which happen to be founded in general position in 1998 and 2002, he The point is, we are on a downward their religious beliefs, we are setting a made his positions on the contentious spiral of destruction not only of this bar or perhaps building a wall against issues of the day crystal clear—and he great institution, but damaging in the the opportunity for these people to par- won his most recent election with al- process the fine reputations of these in- ticipate in our government, particu- most 60 percent of the vote. Rarely has dividuals who have come forward to larly on the bench. That should not be the Judiciary Committee reviewed offer to serve the American people. We the case. Our Constitution bars reli- such a full and unmistakably clear are treating them as common crimi- gious tests from service in public of- record for an appellate nominee; rarely nals. We are mischaracterizing their fice. has a nominee at his hearing been so resumes, their reputations in the proc- General Pryor has demonstrated his honest, intelligent and forthright in ess, and I believe doing great harm in ability to enforce the law as written, his answers to every Senator’s ques- the process. which is what he would do on the tions, even though he surely knew that I want to say our colleagues on the bench, interpret the law as written and his legal and policy positions on many, other side of the aisle, who claim to not elevate his personal agenda or his if not most, issues, clashed head-on be—in the words of Thomas Jefferson, personal beliefs above what the law with the positions of the liberal Demo- supposedly, when he was asking Wash- says. Time and time again, he has done crats who questioned him. ington about the role of the Senate in so. The problem that those opposed to our form of Government, he called the I worry about two things in this proc- giving Bill Pryor an up-or-down vote in Senate the cooling saucer. But the ess. One is obstruction, preventing a bi- the Senate have is that they cannot truth is, rather than a cooling saucer partisan majority from voting, and de- credibly make any substantive argu- when it comes to judicial confirmation, struction of good human beings and ments against him. So they oppose him the Senate has become a stone wall, their reputations they have worked a based on what he has stated he person- not a cooling saucer, particularly as it lifetime to achieve. They come here, ally believes. They cannot cast asper- pertains to these nominees the minor- honored to receive the nomination of sions on his legal ability—the undis- ity Democrat leadership has decided to our President to serve in these posi- puted quality of his legal work as At- obstruct and prevent from an up-or- tions of great honor, and then they are torney General of Alabama is reflected down vote. placed in the dock where they become I realize they are grasping at straws, an accused and are expected to defend in several major cases in which Su- but somehow they have grasped on to themselves against unwarranted and preme Court majorities have agreed this notion that since they have not unjustified charges. with his arguments. They cannot say blocked 168 of President Bush’s nomi- I wish we could see a fresh start to a he is only a one-party horse because so nees, they should be congratulated for process that does not serve either the many Democrats, and many prominent blocking only 4. Well, we learned this nominees or this body or the American African-American Democrats, in Ala- morning in the Judiciary Committee people well. I do not believe anyone bama support him even though they that that four may soon become five, should be congratulated for an uncon- disagree with him politically. They and then possibly six. stitutional obstruction of the demo- cannot really find anything sub- My point is they simply cannot be cratic process going forward, when a stantive that might reflect poorly on congratulated for an unconstitutional, bipartisan majority is ready to confirm his qualifications to sit on the federal unprecedented filibuster and pre- these outstanding nominees, such as bench. venting up-or-down votes, which is de- Bill Pryor. But that is what we have Therefore, their accusations against mocracy in action. seen, obstruction and destruction of General Pryor have relied on an all-too There is another thing. For example, these fine individuals. familiar script: he is a so-called states’ the Senator from New York, who just I see the distinguished chairman of rights fanatic; he is anti-environment; spoke a few moments ago, who also the Judiciary Committee. I thank the anti-disability rights; anti-women; op- serves on the Judiciary Committee, Chair and yield the floor. poses minority voting rights; and said something which I think bears The PRESIDING OFFICER. The Sen- wants to turn America into a Christian some scrutiny. This morning he re- ator from Utah. theocracy. These sound bites are easy peated an allegation he and others Mr. HATCH. Madam President, I to make, but General Pryor’s record have made that somehow President thank my colleagues for their excellent speaks with far more authority than Bush has hijacked the judiciary by remarks for and on behalf of Attorney the fulminations against him. So his nominating a narrow band of people General Pryor who is one of the best opponents attack his personal beliefs, who he claims are ideologically driven nominees I have seen in a long time, a even though in every instance in which to overturn the law and run roughshod person of great character. a conflict between those beliefs and the once they get on the courts. Today we will again vote for cloture law has arisen in Bill Pryor’s career, he They really need to make a decision on the nomination of William Pryor for has unfailingly put the law first. what they believe. They either believe the Eleventh Circuit Court of Appeals. The most recent example is his re- President Bush’s nominees are all ideo- Denying undisputedly well-qualified sponse to Chief Justice Roy Moore’s re- logically driven and determined to nominees the up or down vote they de- fusal to comply with the Federal in- reach a particular result regardless of serve does not fulfill our Senatorial du- junction ordering removal of the Ten what the Congress says, regardless of ties—it abdicates them. This filibuster Commandments monument from the their oath of office, where they put not only damages our accountability to rotunda of the Alabama Supreme Court

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.028 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14099 building. General Pryor said, ‘‘Al- half-truths, and outright falsehoods we tally committed to him and believes he though I believe the Ten Command- have heard about him, General Pryor is would be a fine circuit court judge. ments are the cornerstone of our legal a diligent, honorable man whose loy- That is why opposition to his nomina- heritage and that they can be displayed alty as a public servant has been to the tion is all that much more difficult. constitutionally as they are in the U.S. law and its impartial administration. I come here today to oppose his nom- Supreme Court building, I will not vio- He has told us under oath that he will ination because, frankly, as I listened late nor assist any person in the viola- continue to follow the law, just as he carefully to Attorney General Pryor’s tion of this injunction. . . . We have a has demonstrated during his distin- positions on the issues in the Judiciary government of laws, not of men. I will guished career in Alabama. Quoting Committee, it struck me that on issue exercise any authority provided to me, again from Justice Johnstone’s letter— after issue he has not only taken an ex- under Alabama law, to bring the State Justice Johnstone is a Democrat—to treme position but has been into compliance with the injunction of our Committee: ‘‘The crucial question unashamed, unabashed, and the federal court. . . .’’ in judging a judicial candidate or unembarrassed to express it in some of In fact, the committee received a let- nominees is not what sides of legal the clearest language we have had be- ter from Justice Douglas Johnstone, issues he or she has advocated but fore us. You have to ask yourself, if he the only Democrat on the Alabama Su- whether he or she has enough rev- is that strident, if he is that com- preme Court, praising General Pryor’s erence for the rule of law, enough hu- mitted to these extreme positions, can actions during this high-profile dispute mility, and enough self-control to fol- he possibly perform his responsibilities in Alabama. He writes, ‘‘General Pryor low the law whether he or she likes it as a member of the circuit court of ap- immediately offered us all appropriate or not. My observation tells me Gen- peals—a lifetime appointment—in the support of his office and fostered public eral Pryor does.’’ way that we expect? support by announcing publicly that A minority of the Senate is again at- We don’t want judges to make laws the injunction was due to be obeyed in tempting to prevent us from voting on but, rather, to interpret them. When the absence of a stay. . . . Before the Attorney General Pryor despite his somebody comes to this position with a Monument crises, General Pryor’s po- outstanding record. Such an attempt is long history and pedigree of taking litical prospects, irrespective of any profoundly at odds with what the Con- these strongly held, extreme positions federal appointment, were brighter stitution demands of us as Senators. on the law, is it reasonable for us to be- than most I have observed in my dec- The President and the American people lieve they will cast them aside once ades in politics. Now he is as full of po- have a right to an up or down vote on taking the oath of office and then be litical bullet holes as Fearless Fosdick. judicial nominees. Playing politics or dispassionate in the way they rule? I My personal acquaintance with him political games with judicial nominees think that really strains credulity. and observation of him over his years must stop and we must do our duty and There are some who believe that if a in office satisfy me that he fully ex- vote on this excellent nominee, Bill nominee comes before us and says, ‘‘I pected the damage but did his duty, Pryor. will just apply the law,’’ that is all we Accordingly, I urge my colleagues and is doing his duty and a splendid job need to hear; that we can ignore what not to deny Bill Pryor the courtesy of of it regardless of the consequences. I they have done beforehand. You cannot an up or down vote on the Senate floor. am endorsing General Pryor because do that. You have to make an honest He deserves better, the President de- over the years he has proven his hon- assessment. serves better, and the majority of the esty and intelligence. I do not pretend We find time and again that nomi- Senate that stands ready to confirm to agree with him on all issues. I would nees for the Federal circuit court—the rather have the honesty and intel- him deserves better. Most importantly, the American people deserve the oppor- second level before the Supreme ligence than the agreement.’’ Court—are those nominees with the On the issue of abortion, General tunity to hold their Senators account- able for the votes they cast on the strong ideological backgrounds. They Pryor’s record provides another exam- are the ones who have run into con- ple of his commitment to following the President’s judicial nominees. We must invoke cloture on Bill Pryor’s nomina- troversy and trouble on the Senate law even when it conflicts with his floor. deeply held personal beliefs. After the tion. I reserve the remainder of my time I believe that this White House, if it Alabama legislature passed a partial- wanted to, could focus more on finding birth abortion ban in 1997, General and yield the floor. The PRESIDING OFFICER. Who common ground between Republicans Pryor issued guidance to State law en- yields time? and Democrats. We expect to receive forcement officials to ensure that the The Senator from Illinois is recog- conservative Republican nominees for law was enforced consistent with the nized. all of these vacancies. That is a reflec- Supreme Court’s 1992 decision in Mr. DURBIN. Madam President, how tion of the President’s philosophy. Planned Parenthood v. Casey. Al- much time remains on the Democratic In the case of Attorney General Wil- though there was considerable outcry side? liam Pryor, this goes beyond main- against his decision from the pro-life The PRESIDING OFFICER. There stream conservatism. Some of the community, the ACLU praised General are 11 minutes 30 seconds remaining. things he has said relative to issues re- Pryor’s decision, emphasizing that his Mr. DURBIN. In the absence of the lating to judicial activism and the like order had ‘‘[s]everely [l]imited’’ Ala- chairman, I will say a word or two are difficult for us to reconcile with bama’s ban. He issued similar guidance about the nomination. the person who we want to be fair and after the Supreme Court’s 2000 ruling At the outset, I will say this may be dispassionate in his rulings. in Stenberg v. Carhart, which struck the toughest part of this job—standing Mr. Pryor stated: down another State’s ban on partial- in judgment of other people. It is easy Our real last hope for federalism is the birth abortion. Again, the dictates of to deal with issues and abstractions election of Governor George W. Bush as the law trumped his personal beliefs. and numbers and policy. But when you President of the United States, who has said He stuck with the law even though he stand in judgment of another person, I his favorite justices are Antonin Scalia and totally disagreed with it. think it is one of our most solemn re- Clarence Thomas. The President has nominated a good sponsibilities, complicated even more He went on to say: and honest man with a sterling legal by the fact that many of the people Although the ACLU would argue that it is career, a bipartisan reputation for en- who are in controversy here have very unconstitutional for me as a public official forcing the law impartially as attorney close friends in the Senate among my to do this in a Government building, let general, and an enviable record of suc- colleagues. In this case, my friend and alone a football game, I will end my prayer cess before the nation’s highest Court. colleague, Senator SESSIONS of Ala- for the next administration, ‘‘Please, God, no At General Pryor’s inauguration as At- bama, I believe counts William Pryor more Souters.’’ torney General, he opened with the as one of his close friends. They have That is a reference to Supreme Court statement: ‘‘Equal under law today, worked together for many years. Justice Souter. These remarks don’t equal under law tomorrow, equal under I can tell you, from his statements in lend themselves to the argument that law forever.’’ Despite the distortions, committee and on the floor, he is to- Attorney General Pryor is going to be

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.037 S06PT1 S14100 CONGRESSIONAL RECORD — SENATE November 6, 2003 measured and moderate and fair if he is lem readopting those rules, which as I under- Now Mr. Chairman, I have read your letter given this lifetime appointment to the stand it, have been in effect this year in the to Senator Daschle in which you attempt to circuit bench. debates we have had so far. But having done justify your actions. With respect, Mr. Chair- I have looked at his record on a vari- that, I want to make some comments on man, your interpretation of the rule is erro- what happened in our meeting on February neous. In fact, it is clearly erroneous, and I ety of issues and I can tell you that, 27. I believe that a clear violation of the don’t use that term lightly. time and time again, what I have seen committee rules occurred on that day, and Your position is that the Chairman of this is a position that is hard to reconcile we really need to discuss this as a committee Committee has unfettered power to call for a with the standard we should set for all before proceeding with further business. vote on a matter and that Rule IV is only de- judges to this position. What happened on February 27 was a sad signed to allow a majority of the committee I yield the floor. moment for our Committee and does not to force what you call an ‘‘obstreperous Mr. FEINGOLD. Mr. President, much bode well for the harmonious functioning of Chairman’’ to hold a vote on a matter on the of the debate on this nomination has the Committee this year. Indeed, since that agenda when he doesn’t want to. That inter- pretation conflicts with the text of the rule, focused on the views and qualifications day we have been in a free fall it seems to me. Communications have broken down the practice of the Committee for 24 years of this nominee. I want to call the at- among us and among our staffs. On the under five separate Chairmen, including the tention of the Senate to the violation Democratic side, we feel unfairly taken ad- current Chairman, and with the history of of the rules of the Judiciary Com- vantage of, and I know there are bad feelings the rule itself. mittee that occurred when Mr. Pryor on your side as well. I am very sorry about I want to start with the history because I was considered in the committee. I will this because we have much work to do for think it so plainly shows what the rule is de- vote no on cloture because I believe the country, and we can do that work much signed to do. The rule was adopted in 1979 more efficiently and much more successfully when Sen. Kennedy chaired the Committee. that the committee rules were violated The Committee at that time had 10 Demo- in reporting the nomination to the if we work together with respect and good will than if we are constantly fighting with crats and 7 Republicans. You were on the floor and that, before the Senate acts each other. Committee at the time, as was Senator on this nomination, more investigation Mr. Chairman, you have the votes in this Leahy. is needed of Mr. Pryor’s involvement Committee to do pretty much whatever you At that time, there was no way at all to with the Republican Attorneys General want. But that does not mean that you end debate in Committee if even one member Association and the truthfulness of his should ignore the rights of those who dis- wanted to continue debate. Senator Thur- testimony on that topic. agree with you. That is what occurred at the mond, who was the ranking member at the We faced a similar procedural prob- February 27 meeting. time, stated during the committee meeting: Let me quickly review the background of ‘‘The present rule is the Senator can talk as lem early this year in the committee. I this dispute. The Chairman sought to have long as he wants to.’’ thought we had reached a resolution of votes on circuit court nominees Justice Recent years had seen controversial mat- that dispute. A number of us lifted our Deborah Cook and Mr. John Roberts. A num- ters such as the Equal Rights Amendment objection to proceeding with floor ber of us on the Democratic side believed stalled for long periods of time in Com- votes on John Roberts and Justice that those votes should not occur because mittee. The Civil Rights era had seen the Deborah Cook after we received assur- those two nominees had not received an ade- Committee headed by a segregationist Chair- ances that the committee’s rule IV quate hearing in this Committee. I’m not man block civil rights legislation. Chairman Kennedy sought a new committee rule to would be reinstated and abided by from going to take the time to review our position on that score in any detail, but I do want to allow him to bring a matter to a vote. His that time forward. That agreement was point out that we have not engaged in a pol- original proposal was simply to let the put to the test during consideration of icy of blanket obstruction of nominees in Chairman call a vote when he believed there the Pryor nomination, and I’m sorry to this Committee. We voted on Miguel had been sufficient debate. This is how the say that the Committee failed that Estrada. We voted on Jeffrey Sutton. We original proposal read, from the transcript of test. voted on Jay Bybee. We voted on Timothy the Committee’s meeting on January 24, Just as we did in connection with the Tymkovich. We will soon vote on Priscilla 1979: ‘‘If the Chairman determines that a mo- Roberts and Cook nominations in late Owen. tion or amendment has been adequately de- February, in July, Democrats on the Many of us voted against some or all of bated, he may call for a vote on such motion those nominations, but we agreed to have a or amendment, and the vote shall then be committee invoked rule IV and asked vote because we thought that the Commit- taken, unless the Committee votes to con- that a vote on the Pryor nomination tee’s consideration of the nominees had been tinue debate on such motion or amendment, not be taken. But once again, the rule sufficient for us to make up our minds. We as the case may be. The vote on a motion to was violated. have not sought to use Rule IV to obstruct continue debate on any motion or amend- The interpretation of rule IV that the functioning of the Committee. ment shall be taken without debate.’’ the chairman of the Judiciary Com- In the case of Justice Cook and Mr. Rob- That was the original proposal to change mittee followed in connection with the erts, however, we had asked repeatedly for the right of unlimited debate. And if that another hearing. We had asked, as an alter- rule had been adopted, and remained in ef- Pryor nomination conflicts with the native, for a public meeting with the nomi- fect until the present, what happened on text of the rule, the practice of the nees. Having been rebuffed at every turn, we February 27 would have been just fine be- committee for 24 years under five sepa- simply did not feel ready to proceed with cause a majority of the committee would not rate chairmen, and the history of the votes on their nominations. We did not be- have supported our request to continue de- adoption of the rule. It was as wrong in lieve the Committee has been given adequate bate. July as it was in February when the opportunity to assess the qualifications and But Chairman Kennedy’s proposed rule was chairman first expressed it. I won’t re- examine the record of Justice Cook and Mr. not adopted. Sen. Thurmond noted that the Roberts. minority on the committee were opposed to peat those arguments today, but I ask But when we objected to a vote on Feb- the change. He stated: ‘‘We feel it would be unanimous consent that a copy of my ruary 27, the Chairman overruled the objec- a mistake, if there is going to be a change we statement in the Judiciary Committee tion and forced a vote, in clear violation of do think there ought to be some compromise from March 27 be printed in the Rule IV. This was an astonishing act in a between the unlimited debate maybe and a RECORD. body that functions in large because all majority. That is what I was discussing with There being no objection, the mate- members respect the rules and abide by Senator DeConcini. I felt maybe 12 members rial was ordered to be printed in the them. could cut off debate. Senator DeConcini sug- When an objection to proceeding to a vote gested 11.’’ RECORD, as follows: was made, the proper course under our Com- Mr. Chairman, during this 1979 markup— SENATOR RUSS FEINGOLD—STATEMENT ON mittee’s longstanding Rule IV was to hold a and I have to say that the transcript makes JUDICIARY RULES vote on a motion to end debate on the mat- for fascinating reading—Democratic mem- Mr. Chairman, last week we readopted the ter. The Rule provides that debate will be bers like Sen. Howard Metzenbaum, Sen. Committee’s rules. I had no problem with us ended if that motion carries by a majority Kennedy, and even Sen. Biden spoke about taking that action, although as I said at our vote, including one member of the minority. the need for the Committee to be able to meeting, I think we need to have an oppor- In this case, our side was united in opposing conduct business and not be thwarted by tunity to discuss that agenda item rather ending debate, so the motion would have what Sen. Metzenbaum called a ‘‘talkathon.’’ than acting off the floor without anytime for failed. It is, in effect, as the Chairman him- On the other hand, Republican members of consideration. But with the understanding self recognized in 1997 when the Rule was in- the Committee were wary of a rule change. that we would have the opportunity to have voked in connection with the Bill Lann Lee And Mr. Chairman, you spoke against the a discussion and debate, I was fine with re- nomination, a kind of filibuster rule in the rule that Sen. Kennedy proposed. You said adopting the rules for this Congress. Committee. The vote to end debate is like a the following: ‘‘I would be personally upset. As I understand it, the rules have been in cloture vote, and it cannot succeed unless at There are not a lot of rights that each indi- effect throughout the year. I have no prob- least one member of the minority assents. vidual Senator has, but at least two of them

VerDate jul 14 2003 05:56 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.030 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14101 are that he can present any amendments member of the minority voting to end de- tion, RAGA, that the committee re- which he wants and receive a vote on it and bate. The Senator from South Carolina actu- ceived. The documents raise what seem number two, he can talk as long as he wants ally described the situation in this Com- to me to be serious questions about the to as long as he can stand, as long as he feels mittee before Rule IV was adopted, but not accuracy of Mr. Pryor’s testimony be- strongly about an issue. I think these rights after. are far superior to the right of this Com- I do want to point out to my colleagues fore the Judiciary Committee and the mittee to rubber stamp legislation out on once again that it is hardly the case that we answers he provided to written ques- the floor. on the Democratic side have tried to block tions. We needed more time to contact Later you continued: I think it is a real all action on judges using Rule IV. We voted the people who know about Mr. Pryor’s mistake, Joe, and Mr. Chairman. I see the on Miguel Estrada. We voted on Jeffrey Sut- activities as the Treasurer of RAGA advantages of being able to expedite legisla- ton. We voted on Jay Bybee. We voted on and ask them questions. And we should tion and try to balance that. I think it is a Timothy Tymkovich. We will vote on Pris- have called Mr. Pryor back to ask him real mistake to take away these rights. cilla Owen. In the last Congress we approved further questions in person and under Senator Thad Cochran was then a member 100 of President Bush’s nominees. I voted of the committee and at the end of the meet- against a few of them, but I never tried to oath. I don’t know where this inves- ing, he, echoing Sen. Thurmond, suggested a hold up a vote. tigation might have led, but I do know compromise. He said: ‘‘Mr. Chairman, I don’t We tried to invoke Rule IV on February 27 that it was not nearly completed when have anything to add other than except I do only because of the special circumstances the committee voted in July. support writing into the rule the require- surrounding the Cook and Roberts nomina- It was the committee’s duty and re- ment that there be an extraordinary major- tions. We felt, and we still feel, that the ity to shut off debate in our Committee. I sponsibility to provide the full Senate Committee’s consideration of these two with a complete record about a nomi- think we can arrive at some number agree- nominees was inadequate. That’s why we ob- able to everyone. jected to the votes. nee. But, as we expected, once the com- There was quite a lengthy discussion of the Now Mr. Chairman, this might seem like a mittee voted, the investigation proposed rule change. One particularly sig- petty matter. But is isn’t. Honoring the rules stopped. So there are still many unan- nificant remark was made by Senator Bob of the Senate and the rules of the commit- swered questions. Dole, who was then on the Committee said: tees gives credibility and legitimacy to the Let me just cite a few examples of ‘‘[A]t least you could require the vote of one work we do here. Rules that survive chang- minority member to terminate debate. I’m the questions that the RAGA docu- ing tides of political power are the hallmark ments raise. In answer to one of my sure you could always secure one vote over of a democracy. In may ways our committee here.’’ rules are analogous to the rule of law in our written questions about who adminis- The next week, the Committee reached society. We have to respect those rules or we tered RAGA and who might have agreement and adopted Rule IV, which has have nothing left. records of its activities, Mr. Pryor been in effect ever since. The transcript of Mr. Chairman, it is clear from the history stated that RAGA was administered by the Committee’s meeting indicates only that of Rule IV that it we insisted on in 1979 by the RNC and that to his knowledge all the rule change was acceptable to both sides. Republican Senators then in the minority to records were maintained by the RNC. There is no further discussion or debate. preserve their rights in Committee to debate The text of the rule takes up Sen. Dole’s He also stated that all solicitations for matters fully and not just, in your own idea, requiring at least one member of the membership in RAGA were made by words at that time, ‘‘rubber stamp legisla- minority to vote to end debate. The com- tion out to the floor.’’ The justification for the staff of the RNC or the 5 State at- promise ended the ability of one or a few ignoring the rule given in the letter to Sen. torneys general who served on RAGA’s Senators to tie up the Committee indefi- Daschle simply doesn’t hold water when you executive committee. He failed to iden- nitely. But it gave the majority the power to look at the history and practice in this Com- tify a single individual who worked for end debate over an objection if it could con- mittee. This kind of results-oriented ap- vince one member of the minority to agree. RAGA or raised money for RAGA. proach to the rules of the Committee does The Committee didn’t adopt Sen. Thur- The documents we received indicate not serve us well. The rules of this body, like mond’s or Sen. Cochran’s suggestion pre- that RAGA was administered for over a the laws of this country, protect all of us. We cisely, but it specified a super-majority to must stand up to efforts to ignore them. year by an individual who had pre- end debate, 10 out of the 17 member of the What happened in the Committee on Feb- viously been Mr. Pryor’s campaign committee. Because ten of the 17 members of ruary 27 with respect to Rule IV did not re- manager. She served as RAGA’s fi- the Committee at the time were democrats, flect well on the Committee or the Senate. I nance director. That person did not the new rule made it even more difficult for sincerely hope that these rulings will be re- the majority to end debate by taking up Sen. work for the RNC. They also identify considered. The Committee must enforce its Dole’s suggestion and specifying that at an RNC employee who previously had rules, not run roughshod over them. And if least one member of the minority had to worked for Mr. Pryor on his campaign. that means that we consider and discuss cer- agree. That was the compromise reached, Both of these individuals maintained tain nominations a little longer before re- and that is the rule we have had for over two porting them to the floor, so be it. That is records of RAGA at some point. But decades. Mr. Pryor did not identify these indi- Mr. Chairman, the argument that the rule what happens in a deliberative body gov- erned by rules not fiat. viduals, even though our questions places no limit on the Chairman’s ability to clearly sought that information. end debate is clearly answered by this his- Thank you Mr. Chairman. tory. It is clearly wrong. The committee rule Mr. FEINGOLD. I want to emphasize The documents also show that solici- was violated when Justice Cook and Mr. that we have never sought to use rule tations were made by a finance com- Roberts were reported over the objection of IV to indefinitely delay a nomination mittee of lobbyists and political fund- some members without a vote in the Com- in committee. With respect to Mr. Rob- raisers, in addition to RNC and RAGA mittee to end the debate. There is simply no erts and Justice Cook, we only wanted staff and the attorneys general. The question about this. documents seem to indicate that Mr. You have mentioned a number of times adequate hearings so that we could that the Parliamentarian agreed with your properly exercise our constitutional re- Pryor was familiar with the finance interpretation of the Committee’s rules. I do sponsibility to advise and consent on committee and even participated in not believe that is accurate. What the Par- the nomination. With respect to Mr. conference calls with them. Yet he liamentarian has told us is that if a point of Pryor, we only wanted to complete an failed to discuss the finance committee order is made on the floor he would only investigation that was well underway in his answers, even though, again, the look to make sure the Senate rules were fol- already. We have never tried to kill a questions specifically sought that in- lowed. Those rules simply require a majority nomination in committee by never vot- formation. vote of the committee when a quorum is present. No Senate rule was violated on Feb- ing on it, even though that was done The documents also suggest that Mr. ruary 27, but a Committee rule, Rule IV, dozens of times to President Clinton’s Pryor received reports specifying the clearly was. nominees. But we should not be forced companies that had contributed to During the February 27 meeting, a new to vote on a nomination before we have RAGA. This is inconsistent with Mr. member of our Committee, the Senator from all of the information that we feel is Pryor’s testimony that he received South Carolina, stated that if our intention needed to make an informed rec- only e-mail and oral reports of overall of Rule IV prevailed, ‘‘you could not ever do ommendation to our colleagues in the fundraising totals. any business, have any votes, unless the other side totally agreed.’’ I just want to full Senate. These are just a few examples. There point out that that is not the result we seek We needed more time to investigate may be good explanations for Mr. Pry- at all. There is a big difference between the the issues raised by records from the or’s testimony and answers, but we other side ‘‘totally agreeing’’ and having one Republican Attorneys General Associa- don’t have them yet. And we should get

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.020 S06PT1 S14102 CONGRESSIONAL RECORD — SENATE November 6, 2003 them before we vote on the nomina- Mr. SESSIONS. Because he was fol- Republican majority in the Senate had tion. I will therefore vote no on clo- lowing the law. blocked over 60 of President Clinton’s ture. I yield the floor and reserve the re- nominees, usually by either threat- The PRESIDING OFFICER. The Sen- mainder of the time. ening filibusters or not even allowing ator from Utah. The PRESIDING OFFICER. The Sen- them to have a vote. Mr. HATCH. Madam President, how ator from Utah. In the 17 months that the Democrats much time remains? Mr. HATCH. I reserve the remainder were in charge of the Senate, we con- The PRESIDING OFFICER. On the of my time. firmed 100 of President Bush’s nomi- Republican side, 7 minutes 41 seconds The PRESIDING OFFICER. Who nees, which brought down that rate. In remain. Five minutes two seconds re- yields time? The assistant Democratic the 17 months the Republicans have main on the other side. leader. been in charge, they have confirmed Mr. HATCH. I yield time to the Sen- Mr. REID. Madam President, I ask another 68. So the vacancy rate is at a ator from Alabama. permission of the distinguished man- 13-year low. In fact, I say to my friend Mr. SESSIONS. Madam President, ager of this matter, Senator LEAHY, if from Nevada, President Bush, in less there has been a repeated suggestion I may direct some questions to him. than 3 years, has seen more of his that somehow Alabama’s brilliant, Mr. LEAHY. Madam President, I un- nominees confirmed than President principled, courageous attorney gen- derstand I still have almost 5 minutes Reagan did in his first 4 years, with a eral, who has stood firm time and left. Of course. Republican majority in those 4 years, again in serious types of disputes with- Mr. REID. Through the Chair to the and he was the all-time champ. in the State legally, is extreme or rad- distinguished ranking member of the Mr. REID. Madam President, I fur- ical or out of the mainstream. When Judiciary Committee, is this the same ther direct a question to my friend, it you ask why and say show me some- William Pryor the Senate spent a great is true, then, that this article written thing he has done that indicates that, deal of time on previously and there by David Savage states that experts they say, well, he struck down the was an attempt by the majority to in- who track Federal judgeships say Re- Americans with Disabilities Act. voke cloture and that failed? Is this publican complaints about a Demo- As I explained earlier, he appealed a the same person? cratic filibuster has skewed the larger portion of that act that dealt with 4 Mr. LEAHY. Madam President, I an- picture. The article further goes on to percent of the cases, cases against swer the distinguished senior Senator say, and I ask the Senator if he is States; and the Supreme Court agreed from Nevada by saying, yes, it is. I an- aware of this, that 168 Federal judges with him and struck down that small swer further, although he didn’t ask have been approved and 4 turned portion of the act. this question, I am not aware of any down—168 to 4; is that the record as the He was not against the disabled. He votes that have changed since that Senator understands it? has great compassion for the disabled. time. Mr. LEAHY. Madam President, it is. It was a legal action taken by this Con- Mr. REID. Madam President, I direct As a good friend of mine in the Repub- gress that upset and struck down le- a further question to my friend. Is he lican Party said the other day: Pat, I gitimate States rights issues, and the telling me then, in the waning days of know this whole argument is bogus. I Supreme Court, when reviewing it, this legislative session of the National guess we are making it for fundraising agreed with Attorney General Pryor. Legislature that we are spending time letters. But I do know President Bush This is the kind of argument that has on a vote that has already been has had far more of his nominees con- been raised. There is no basis to say taken—there will not be a single vote firmed with both Democrats and Re- this man is extreme. He stood firm on changed—when we have appropriations publicans in the Senate than anybody a matter of reapportionment in Ala- bills to complete, we have Internet tax- has in decades. bama, which benefited the Democrats. ation, and many other items we are Yes, it is true, and I do agree with He took complaints from the Repub- trying to complete in a matter of days; my Republican friend that the argu- licans. He declared that the State re- that we are, for lack of a better de- ment is bogus. But the only objection I apportionment plan dictated by the scription, wasting the Senate’s time on have to the bogus argument being Democratic majority that favored the a nomination that has already been re- made is that we should be voting on Democrats was legally done and he de- jected by the Senate? the money for our veterans. We should fended it. He lost it in the court of ap- Mr. LEAHY. Madam President, the be voting on the money for our law en- peals and he won it on behalf of the senior Senator from Nevada is abso- forcement. We should be voting on the Democrats in the Supreme Court. At lutely right. In fact, of those appro- money for housing. And, we should be least their provision prevailed. priations, we have held up the appro- passing those bills that, by law, we What Bill Pryor said and what he be- priations for our veterans, and we can’t were supposed to have passed way back lieved was it was his duty to defend find time to vote on the floor. Appro- in September. I ask unanimous consent that the en- Alabama law if it was constitutional. priations for our law enforcement peo- tire L.A. Times article that has been He found that it was, so he defended it, ple are being held up and we can’t find referred to by the distinguished Sen- even though he personally would not time to vote on the floor. Appropria- ator from Nevada be printed in the have agreed with it. tions for the Federal judiciary, for the RECORD. In one of the affidavits that Senator State Department, for housing, and a There being no objection, the mate- LEAHY quoted Bob James III is com- number of others are being held up, and rial was ordered to be printed in the plaining about Attorney General we can’t seem to find time to vote on RECORD, as follows: Pryor. In his affidavit, he said: the floor. But we are doing this revote [From the Los Angeles Times, Nov. 6, 2003] The last conversation I recall with Bill when everybody knows the result will VACANCY RATE ON FEDERAL BENCH ISATA13- Pryor occurred late in Governor James’ last be precisely what it was the last time. YEAR LOW term after the Governor signed Alabama’s Mr. REID. Madam President, I fur- (By David G. Savage) ‘‘partial-birth’’ abortion law. When the law ther direct the Senator’s attention to passed, Mr. Pryor instructed Alabama dis- WASHINGTON.—The vacancy rate on the fed- an article—I am not confident he has eral bench is at is lowest point in 13 years, trict attorneys not to enforce the law as to had time to read it because it is from previable fetuses. In my review, this gutted because of a recent surge of judges nomi- the law and defeated its very purpose. An a western newspaper, the L.A. Times. nated by President Bush and confirmed by equivalent to Pryor’s action would be for At- Is it true the vacancy rate on the Fed- the Senate. torney General Ashcroft to instruct U.S. at- eral bench is at a 13-year low, as indi- The intense partisan battle over a handful torneys not to enforce an act of Congress. cated in the headlines of today’s L.A. of judges aside, Bush has already won ap- Everybody knows Bill Pryor is pro- Times? proval of 168 judges, more than President life. Everybody knows Bill Pryor per- Mr. LEAHY. Madam President, the Reagan achieved in his first term in the White House. And with 68 of his nominees sonally abhors partial-birth abortion. Senator is absolutely right. The va- winning confirmation in 2003 as of Wednes- Why did he do this? cancy rate in the judiciary is at a 13- day, President Bush has had a better record The PRESIDING OFFICER. The Sen- year low. It was at a high at the end of this year than President Clinton achieved in ator’s time has expired. President Clinton’s term because the seven of his eight year in office.

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.103 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14103 Experts who track federal judgeships say ‘‘There is something different going on here. or-down vote, which has never been Republican complaints about Democratic fil- It’s an obstruction at entirely different done before, other than in these four ibuster of four judges have obscured the larg- level.’’ filibusters that the Democrats have er picture. Goldman, the University of Massachusetts waged in this body. ‘‘The Bush administration has been spec- professor, said both parties have blocked pro- tacularly successful in getting the over- spective judges they viewed as extreme, but This is dangerous stuff. I admit dur- whelming proportion of its judicial nomina- they have done it in different ways. ing the Clinton years there were a few tions confirmed,’’ said political scientist ‘‘The Republicans obstructed quietly in the of our Republicans who wanted to fili- Sheldon Goldman at the University of Mas- committee,’’ Goldman said. ‘‘If they didn’t buster some of their liberal judges, and sachusetts, Amherst. ‘‘There are only a rel- want to approve you, you just didn’t get a we stopped it. Senator LOTT and I made ative handful being filibustered and held up. hearing. The Democrats have obstructed it very clear that was not going to hap- And this contrasts with the dozens of Clinton through the use of the filibuster, which is pen because not only is that a dan- nominees who were held up by the Repub- very open and visible.’’ gerous situation, politically it is a ter- licans in the last six years of the Clinton ad- During Clinton’s final six years in office, ministration. The truth is the Republicans Republicans controlled the Senate, and they rible situation, and it is something have had an outstanding record so far.’’ refused to confirm more than 60 of his judi- that should not happen in this body. The Republican-controlled Senate Judici- cial nominees. One of the Democrats’ favorite tac- ary Committee lists 39 vacancies among the BENCH STRENGTH tics, which they used again before last 859 seats on the U.S. district courts and the week’s failed cloture vote on Judge U.S. courts of appeal—a 4.5% vacancy rate. Here’s how President bush’s confirmed This is the fewest number of vacancies nominations to Federal judgeships compares Pickering’s nomination, is to try to ex- since 1990. During Clinton’s term in office, with his three predecessors: cuse their indefensible treatment of the number of vacancies on the federal bench President George W. Bush: 2003: 68; 2002: 72; the President’s nominee by citing the was never fewer than 50, according to the Ad- and 2001: 28**. raw number of President Bush’s nomi- ministrative Office of the U.S. Courts. President Bill Clinton: 2000: 40*; 1999: 33*; nees confirmed by the Senate. That Today, the Senate committee is set to vote 1998: 65*; 1997: 36*; 1996: 20*; 1995; 55*; 1994: 101; number now stands at 168. They trum- on four more judicial nominees, including 1993: 28; and 1992: 66*. pet this number, and then note they California Supreme Court Justice Janice President George H. W. Bush: 1991: 56*; Rogers Brown. She is likely to be opposed by 1990: 55*; and 1989: 15*. have blocked only 4. We know it will be almost all of the panel’s Democrats, one of President Ronald Reagan: 1988: 41*; 1987: a lot more than that. We already know whom called her a ‘‘right-wing judicial activ- 43*; 1986: 44; 1985: 84; 1984: 43; 1983: 32; 1982: 47; the future nominations they are going ist’’ during a hearing two weeks ago. and 1981: 41. to block, but the Democrats believe If confirmed by the full Senate, Brown * Senate controlled by opposition. this sounds reasonable to the American would fill a seat on the U.S. Court of Appeals ** Senate evenly divided until Sen. James people who hear it. in the District of Columbia that is vacant in M. Jeffords of Vermont left the Republican The more the real story gets out, the part because Republicans blocked two can- Party to become an independent. didates that Clinton nominated in 1999. less acceptable it is to the American Washington lawyer Allen Snyder, a former Sources: Administrative Office of the U.S. people. First, there are more Federal clerk to U.S. Supreme Court Chief Justice Courts. appellate vacancies today, 18, during William H. Rehnquist, had a hearing in the Mr. LEAHY. How much time is re- President Bush’s third year in office committee, but despite a lack of opposition, maining? than there were at the end of President he failed to gain a confirmation vote in the The PRESIDING OFFICER. Ten sec- Clinton’s second year in office, 15. Over Senate. White House lawyer Elena Kagan onds. was denied even a hearing in the GOP-con- half of President Bush’s appeals court trolled Judiciary Committee. She has since Mr. LEAHY. I will yield back my 10 nominees have not been confirmed. become a dean of Harvard Law School. seconds. There are 41 total vacancies on the Upon taking office, President Bush named The PRESIDING OFFICER. The Sen- Federal district and appellate benches, Washington lawyers John Roberts and ator from Utah. 22 of which are classified as judicial Miguel A. Estrada to the same appeals court. Mr. HATCH. I yield 1 minute to the emergencies by the nonpartisan Ad- Roberts, also a former clerk to Rehnquist, distinguished Senator from Alabama. ministrative Office of the U.S. Courts. won confirmation this year and is now the Mr. SESSIONS. Madam President, I A staggering 67 percent of the vacant junior judge on the U.S. Court of Appeals for wish to respond to some comments the District of Columbia. Democrats filibus- appeals court slots are judicial emer- tered and blocked a final vote on Estrada, that were just made. The distinguished gencies. who subsequently withdrew. assistant Democratic leader asserts Here is the point. No raw number of In July, President Bush chose Brown to fill Mr. Pryor has been rejected before. He confirmations means anything in and the vacancy. has not been rejected before. He has of itself, while there are not one but Even if she wins a narrow approval today, not been given an up-or-down vote. He three filibusters—exemplary nominees the minority Democrats may block her from has not been given a vote. We have a going on now. We just voted out Janice a final vote in the Senate. Besides Estrada, majority of Senators who supported they have blocked votes on Mississippi Judge Rogers Brown from the committee on a Charles W. Pickering Sr., Texas Supreme him previously. A majority will sup- straight party-line vote, and it is clear Court Justice Priscilla R. Owen and Alabama port him, and it is absolutely wrong to they are going to filibuster this fine Atty. Gen. William H. Pryor Jr. Also waiting say he has been rejected. He has not African-American justice who wrote a final confirmation vote is Los Angeles Su- been given a vote. the most majority decisions issued by perior Court Judge Carolyn B. Kuhl, Bush’s For the first time in the history of the California Supreme Court last nominee to the U.S. 9th Circuit Court of Ap- this country, we are facing a filibuster year. Their argument is: She is outside peals. of judges, and it is not right. It is time Administration officials concede that most the mainstream. That is always the ar- of Bush’s judges are being approved, but they to deal with this situation. I hope our gument they bring up because she does point to the blocking of the appeals court colleagues on the other side will yield. not conform to the liberal ideology nominees as extraordinary. If not, I hope they hear from the Amer- they demand. The vacancy rate ‘‘has been getting lower, ican people. Just think, one nominee, Miguel but the real problem is the showdown at the I yield time back to the distinguished Estrada, has withdrawn after more circuit courts. We have seen an unprece- chairman of the Judiciary Committee. than 2 years of a filibuster against him. dented obstruction campaign against the The PRESIDING OFFICER. The Sen- The Democrats are virtually certain president’s nominees for the circuit courts,’’ said John Nowacki, a Justice Department ator from Utah. to filibuster Justice Janice Rogers spokesman. The department’s Web site says Mr. HATCH. Madam President, I Brown, another DC Circuit nominee; there are 41 vacancies on the federal bench, couldn’t agree more with the distin- and emergency vacancies continue to if the U.S. Court of Claims and the Inter- guished Senator from Alabama. What exist on our Federal courts. national Trade Court are included in the is happening here is a very fine man, Are we supposed to be grateful that total. an excellent lawyer, an excellent attor- only a small handful of President The administration says Bush has made 46 ney general in this country, one who Bush’s nominees are being filibustered? nominations to the appeals court, but only has always stood for upholding the law Is there an acceptable filibuster per- 29 have won confirmation. ‘‘That’s a 63% confirmation rate. even when he disagreed with it, which centage the Democratic leadership has Clinton had an 80 percent confirmation is the ultimate in judicial nominees, is in mind? The mere fact that we have to rate at the same time,’’ Nowacki said. being deprived of the dignity of an up- ask these questions makes it crystal

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.011 S06PT1 S14104 CONGRESSIONAL RECORD — SENATE November 6, 2003 clear we have a broken process. Even Chambliss Graham (SC) Nelson (NE) Mr. BINGAMAN. Mr. President, I ask Cochran Grassley Nickles one filibuster of a judicial nominee is Coleman Gregg Roberts unanimous consent that the order for one too many, and we are now up to Collins Hagel Santorum the quorum call be rescinded. four, and I might add there are others Cornyn Hatch Sessions The PRESIDING OFFICER. Without they have made very clear they are Craig Hutchison Shelby objection, it is so ordered. Crapo Inhofe Smith going to filibuster. These are appellate DeWine Kyl Snowe AMENDMENT NO. 2115 nominees. For the first time in history, Dole Lott Specter Mr. BINGAMAN. I send an amend- these filibusters are occurring. I think Domenici Lugar Stevens ment to the desk. Ensign McCain Talent The PRESIDING OFFICER. Without it is shameful. Enzi McConnell Thomas I yield the floor. Fitzgerald Miller Voinovich objection, the pending amendments are laid aside. CLOTURE MOTION Frist Murkowski Warner The clerk will report. The PRESIDING OFFICER. Under NAYS—43 The assistant legislative clerk read the previous order, the cloture motion Akaka Dorgan Levin as follows: Baucus Durbin Lincoln having been presented under rule XXII, Senator from New Mexico [Mr. BINGAMAN] the Chair directs the clerk to read the Bayh Feingold Mikulski Biden Feinstein Murray proposes an amendment numbered 2115. motion. Bingaman Graham (FL) Nelson (FL) Mr. BINGAMAN. Mr. President, I ask The legislative clerk read as follows: Boxer Harkin Pryor unanimous consent that the reading of Breaux Hollings CLOTURE MOTION Reed the amendment be dispensed with. Byrd Inouye Reid Cantwell Jeffords The PRESIDING OFFICER. Without We the undersigned Senators, in accord- Rockefeller Carper Johnson ance with the provisions of Rule XXII of the Sarbanes objection, it is so ordered. Clinton Kennedy Standing Rules of the Senate, do hereby Schumer The amendment is as follows: move to bring to a close debate on Executive Conrad Kohl Corzine Landrieu Stabenow (Purpose: To provide funds to implement and Calendar No. 310, the nomination of William Daschle Lautenberg Wyden administer Team Nutrition programs, with H. Pryor, Jr., to be United States Circuit Dodd Leahy an offset) Judge for the Eleventh Circuit. NOT VOTING—6 On page 5, line 1, strike ‘‘$188,022,000’’ and Bill Frist, Rick Santorum, Ben insert ‘‘$183,022,000’’. Nighthorse Campbell, Lindsey Graham, Campbell Edwards Lieberman On page 48, line 24, strike ‘‘$11,418,441,000’’ Norm Coleman, John Sununu, Jon Kyl, Dayton Kerry Sununu and insert ‘‘$11,423,441,000’’. Mike DeWine, Wayne Allard, Elizabeth f On page 48, line 26, strike ‘‘$6,718,780,000’’ Dole, Pete Domenici, Mitch McConnell, and insert ‘‘$6,723,780,000’’. Robert F. Bennett, Jeff Sessions, Mi- LEGISLATIVE SESSION On page 49, line 7, before the period, insert chael B. Enzi, John Ensign, and John the following: ‘‘: Provided further, That not Cornyn. Mr. BENNETT. I ask unanimous con- less than $15,025,000 shall be available to im- sent that the Senate now return to leg- The PRESIDING OFFICER. By unan- plement and administer Team Nutrition pro- islative session. grams of the Department of Agriculture’’. imous consent, the mandatory quorum The PRESIDING OFFICER. Without call has been waived. Mr. BINGAMAN. Mr. President, this objection, it is so ordered. amendment is very straightforward. It The question is, Is it the sense of the would provide $5 million in additional Senate that debate on Executive Cal- f funding to the nutrition education and endar No. 310, the nomination of Wil- AGRICULTURE, RURAL DEVELOP- training section of the School Lunch liam Pryor, of Alabama, to be United MENT, FOOD AND DRUG ADMIN- Program. The funds would serve to de- States Circuit Judge for the Eleventh ISTRATION, AND RELATED velop new programs and to implement Circuit, shall be brought to a close? AGENCIES APPROPRIATIONS existing programs in the Department The yeas and nays are required under ACT, 2004 of Agriculture Team Nutrition Pro- the rule. Mr. BENNETT. I ask unanimous con- gram. Nutrition education programs The clerk will call the roll. sent that we resume consideration of are being chronically underfunded and The assistant legislative clerk called H.R. 2673. have been for a great many years. the roll. The PRESIDING OFFICER. Without We have authorized in current law— Mr. MCCONNELL. I announce that objection, it is so ordered. the law about to expire, as I under- the Senator from Colorado (Mr. CAMP- Pending: stand it—50 cents to be spent for every BELL) and the Senator from New Hamp- Bennett/Kohl amendment No. 2073, of a public school student to be served in shire (Mr. SUNUNU) are necessarily ab- technical nature. this country. That is 50 cents per year. sent. Specter amendment No. 2080, to limit the This is not 50 cents per day; this is 50 I further announce that if present use of funds to allocate the rate of price sup- cents per year. and voting the Senator from New port between the purchase prices for nonfat I was speaking to Senator BYRD from Hampshire (Mr. SUNUNU) would vote dry milk and butter in a manner that does West Virginia and he said for nutrition ‘‘yes.’’ not support the price of milk at the rate pre- education we ought to at least give Mr. REID. I announce that the Sen- scribed by law. them as much money as it costs to buy ator from Massachusetts (Mr. DAYTON), Mr. BENNETT. I understand there a candy bar. That is not an unreason- the Senator from North Carolina (Mr. are a number of amendments to be of- able goal to set for this great country. EDWARDS), the Senator from Massachu- fered. Senator DORGAN has approached Last year, we did not begin to reach setts (Mr. KERRY), and the Senator me about one he would like to offer. I the 50 cents per student per year. Last from Connecticut (Mr. LIEBERMAN) are have no particular preference as to the year, we provided $10 million. necessarily absent. order in which the amendments come. I This chart shows the funding level I further announce that, if present understand some Senators wish to beginning in 1996. In 1996, we provided and voting, the Senator from Massa- make comments before we get into the $23.5 million. This is for the combined chusetts (Mr. KERRY) would vote amending process. I do not see the Sen- funding of the nutrition education ‘‘nay.’’ ators in the Chamber who told me they training and the team nutrition. As I The PRESIDING OFFICER (Mr. planned to make some kind of a state- understand, this nutrition education GRAHAM of South Carolina). Are there ment. training is essentially money that goes any other Senators in the Chamber de- Senator KOHL and I are open for busi- as grants to the States to help them siring to vote? ness. provide some kind of nutrition instruc- The yeas and nays resulted—yeas 51, Mr. REID. If the Senator has given tion in their schools. We provided $23.5 nays 43, as follows: up the floor, I suggest the absence of a million in 1996, $14.25 million in 1997, [Rollcall Vote No. 441 Ex.] quorum. $11.75 million in 1998, and down to $10 YEAS—51 The PRESIDING OFFICER. The million in 1999. clerk will call the roll. We are again, in the current fiscal Alexander Bennett Bunning Allard Bond Burns The assistant legislative clerk pro- year, being presented with an appro- Allen Brownback Chafee ceeded to call the roll. priations bill that calls for $10 million.

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.035 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14105 My amendment would increase that by comparison: $10 million is not 1 percent He said in that testimony that the ad- another $5 million. of $100 billion, it is not one-tenth of 1 ministration supports: This team nutrition component in percent of $100 billion; it is one one- healthy school environments to address the this Department of Agriculture effort hundredth of 1 percent of $100 billion. epidemic of overweight and obesity among is an integrated behavior-based com- We have all heard, all our lives, the ex- our children by providing financial incen- prehensive plan for promoting nutri- pression an ounce of prevention is tives to schools that meet the dietary guide- tional health among our Nation’s worth a pound of cure. We are not ask- lines. . . . schoolchildren. We have over 47 million ing for anything like that ratio. If we He said: children in school in this country— were doing that, we would say we The immediate reasons for overweight that is kindergarten through 12th should provide one-sixteenth as much. among our children are clear and uncompli- grade—47 million in the public school Instead, we are providing one one-hun- cated. . . . system. dredth of 1 percent as much on nutri- Then he goes through a list, of which There are three behavior-oriented tion education as we are spending to one of the items in the list is: strategies the Department of Agri- deal with the problems that could be the lack of strong program of nutrition edu- culture has tried to pursue. One is to avoided. cation and physical education in many provide trading and technical assist- Obese children are twice as likely as schools. . . . ance for child nutrition food service nonobese children to become obese That is exactly what I am talking professionals; that is, the people who adults. The overweight problem results about. We have no strong program. You provide lunches and breakfasts and in all sorts of physical diseases: heart cannot have a strong program when serve meals so that the meals being disease, diabetes, cancer, depression, you are spending $10 million in a na- served meet certain nutritional stand- decreased self-esteem, and discrimina- tion of 280 million people, with 47 mil- ards. tion. They face discrimination lion young people in our elementary The second strategy is to provide throughout their lives as a result of schools and our high schools. multifaceted, integrated nutritional this problem. He goes on, in that same testimony, education for children and their par- There are only 2 percent of children to state, unequivocally: ents. This tries to build some kind of who currently consume a diet that We support expanded funding to support motivation on the part of young people meets the five main recommendations the delivery of education messages and ma- to remain healthy, to be healthy, to for a healthy diet the U.S. Department terials in schools. maintain some type of healthy life- of Agriculture food guide calls for, so When you look at this chart, it is ob- style. the Department of Agriculture is in the The third strategy is to provide sup- vious we have not been expanding the business of trying to give young people port for healthy eating and physical funding. Funding has been stagnant for and adults throughout our society ad- activity by involving school adminis- most of a decade. In fact, it has vice. They do issue a food guide, the trators and other school and commu- dropped from where it was in 1996, very food guide pyramid, they call it. But, nity partners. substantially. The Agriculture appropriations bill unfortunately, there is no follow- The reasons for my amendment are proposes $10 million for this year’s through instruction in our schools to very clear. The justification for it is funding. In my view, that is woefully try to really assist in getting this in- overwhelming. In a wealthy nation like inadequate. It is inadequate because formation to young people at a time this, we can do better. We cannot af- without additional funds, many States when it can dramatically affect their ford to do as little in this area as we are not able to provide any nutrition habits for the rest of their lives. have traditionally done. The new crisis instruction. I believe nutrition education is vital we face with obesity among children is Why is it important at this point in to growing a generation of healthy a strong wake-up call to all of us that our Nation’s history to concern our- adults in this country. This amend- we need to begin doing something sig- selves with nutrition instruction? It is ment would be a very modest step to- nificant in nutrition education. important because over the last two ward getting some additional funds for With that, Mr. President, I yield the decades obesity rates have more than this purpose. It would provide funding floor. doubled among children and they have at the State level for implementation The PRESIDING OFFICER. The Sen- more than tripled among adolescent and administration of nutrition edu- ator from North Dakota. children in our society. Today, heart cation training. Mr. DORGAN. Mr. President, I send disease, cancer, stroke, and diabetes This is a program that has existed on an amendment to the desk and ask for are responsible for two-thirds of the the statutes for years. Unfortunately, its immediate consideration. deaths in this country. The major risk it has not been funded. It is time to The PRESIDING OFFICER. Is there factors for these diseases and condi- begin getting these figures up to a objection? tions are established in childhood more reasonable level. Mr. BINGAMAN. Mr. President, I was through unhealthy eating habits, phys- As I say, Senator BYRD from West hoping to get a resolution of my ical inactivity, obesity, and tobacco Virginia made a suggestion which I amendment before we switch to an- use. Those are the main causes that think would be a good goal for us to other amendment. lead to the problem of obesity that set. He said we should at least provide The PRESIDING OFFICER. Is the leads to the other problems I have re- as much funding per student per year Senator objecting to setting aside his counted. as it would cost each of them to buy a amendment? Today, one in seven young people are candy bar. That is not unreasonable. I Mr. BINGAMAN. I do object at this considered obese; one in three are over- hope we can take this modest step and point. weight. This is a crisis. It is a crisis for move ahead. The PRESIDING OFFICER. Objec- the future and a crisis for our health Let me cite a little bit more informa- tion is heard. system. tion because there was a good hearing The Senator from Utah. The Surgeon General estimates that on this subject that occurred earlier Mr. BENNETT. Mr. President, I am at the minimum we spend each year this year. I want to cite the testimony thinking we should not plan on any $100 billion dealing in our health care of the Department of Agriculture on votes until maybe 2 or 2:30. I under- system—this is taxpayer dollars—$100 the very issue I am talking about. This stand there are some conflicts going on billion in our health care system, was a hearing on the reauthorization of on both sides of the aisle. I would say through Medicare and Medicaid, and the authorizing legislation here, and to the Senator, if he is going to insist other health programs, on diseases the Department of Agriculture rep- on a rollcall vote, we should stack it at that are directly attributable to obe- resentative at that hearing testified that time. sity. That is a rough figure, obviously. about their position. This is testimony I have a problem with the Senator’s But they think that is a modest or con- from Eric Bost, who is the Under Sec- amendment in that the offset he cites servative figure. retary for Food, Nutrition, and Con- is from buildings and facilities at the You compare that $100 billion to $10 sumer Services, testifying before the Department of Agriculture. One can million and you have a very interesting Agriculture Committee in the Senate. say, well, you can always find an extra

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.039 S06PT1 S14106 CONGRESSIONAL RECORD — SENATE November 6, 2003 $5 million, but that is an account that ally has an impact. That would be my resent the bread and butter of our is committed to lease payments and hope. economy in North Dakota. other contracts that have been estab- With that understanding, I withdraw Let me talk about some of the dif- lished for a while. It is $5 million, the amendment and yield the floor. ficulties we face in the beef and live- which in the scheme of things is not all The PRESIDING OFFICER. The stock industry. We have had in some that much money, but the offset is a amendment is withdrawn. No objection recent years outbreaks of something bit problematical. We did fund this pro- being heard to waiving the amendment called BSE or more commonly referred gram at the requested level of $10 mil- before the Senate, the Senator from to as mad cow disease. It is dev- lion, so it is going above the level. North Dakota is recognized. astating. It is heartbreaking to see the These are the only comments I have AMENDMENT NO. 2116 consequences of an outbreak of mad on the amendment. I say to the Sen- Mr. DORGAN. Mr. President, I send cow disease on producers in a country ator, if he insists on a rollcall vote, we an amendment to the desk. where it occurs. possibly could set a time some time The PRESIDING OFFICER. The I hold up a chart that shows a pretty after 2 or 2:30 where the votes might clerk will report. graphic picture of piles and piles of occur, and I would hope to stack some The assistant legislative clerk read dead cattle with a fellow up here who is votes at that time on amendments. as follows: looking at all these cattle that have been slaughtered as a result of mad Mr. BINGAMAN. Mr. President, The Senator from North Dakota [Mr. DOR- cow disease. This was in March 1997. could I just ask the manager a question GAN] proposes an amendment numbered 2116. through the Chair. The costs to that industry in England Mr. DORGAN. Mr. President, I ask were devastating. I would be interested—obviously, my unanimous consent that reading of the purpose is to get more resources for Our neighbor to the north, Canada, amendment be dispensed with. had one animal diagnosed with mad this activity. If the manager and the The PRESIDING OFFICER. Without ranking member think they would be cow disease, an animal that appeared objection, it is so ordered. sick when it was slaughtered in Janu- able to find a better offset, or find The amendment is as follows: some other way to provide some re- ary. They apparently severed the head (Purpose: To express the sense of the Senate sources for this or think that is a pos- and put it in a cooler, and some 4 on the importation of cattle with bovine months later they tested it and discov- sibility, then I would be glad to defer spongiform encephalopathy) to them. I picked this offset because I ered that the animal, slaughtered in On page 79, between lines 7 and 8, insert January, had mad cow disease or BSE. could not get any suggestion from any- the following: one at the staff level, at least, of a bet- As a result, we closed our border to SEC. 7ll. SENSE OF SENATE ON IMPORTATION the live import of cattle from Canada. ter way to do this. If you think there OF CATTLE WITH BOVINE It has been a devastating time for Ca- may be a way to do this, I would be SPONGIFORM ENCEPHALOPATHY. nadian producers. Our hearts go out to anxious to hear about it. (a) FINDINGS.—The Senate finds that— The PRESIDING OFFICER. The Sen- (1) the United States beef industry is the them. It is a difficult situation for ator from Wisconsin. single largest segment of United States agri- them. But what is important for us is Mr. KOHL. Mr. President, I would culture; to protect our industry, our beef indus- (2) the United States has never allowed the like to make the comment that Sen- try, our livestock industry. importation of live cattle from a country Last week the Secretary of Agri- ator BINGAMAN has brought a very im- that has been found to have bovine culture indicated that she is moving portant and relevant issue to the floor. spongiform encephalopathy (referred to in now toward putting Canada to a ‘‘mini- I agree with him that the funding level this section as ‘‘BSE’’); mal risk’’ status with respect to the is inadequate, but I agree with Senator (3) the importation of live cattle known to import of cattle which would set up the BENNETT that finding an offset is not have BSE could put the entire United States capability of importing live cattle from yet something we have been able to do. cattle industry at unnecessary risk; (4) food safety is a top priority for the peo- Canada. We are not now importing I personally, if Senator BENNETT feels ple of the United States; and them. We import some slaughtered beef the same way, would be willing to work (5) the importation of beef and beef prod- products but not live cattle. with Senator BINGAMAN to see if we ucts from a country known to have BSE The amendment I offer is rather sim- can’t find some way to provide a satis- could undermine consumer confidence in the ple. The United States, with most factory offset and, at any rate, to do integrity of the food supply and present a other countries, belongs to the World possible danger to human health. everything we can to improve the fund- Organization for Animal Health. That ing level for this important service, if (b) SENSE OF SENATE.—It is the sense of the Senate that the Secretary of Agriculture— organization has protocols, describing not this year, in future years. the timeline for when you might allow The PRESIDING OFFICER. The Sen- (1) should not allow the importation of live cattle from any country known to have BSE imports into your country from a coun- ator from Utah. unless the country complies with the animal try that has mad cow disease or BSE. Mr. BENNETT. Mr. President, I health guidelines established by the World Let me read the sense of the Senate: thank my ranking member for his Organization for Animal Health; and It is the sense of the Senate that the thoughtful analysis of this and concur. (2) should abide by international standards Secretary of Agriculture should not We will be happy to look through the for the continued health and safety of the allow the importation of live cattle bill and see if we can find an offset and, United States livestock industry. from any country known to have BSE, as he said, if not this year, then in fu- Mr. DORGAN. Mr. President, I have better known as mad cow disease, un- ture years, because I do think the issue to chair a Democratic Policy luncheon less the country complies with the ani- the Senator from New Mexico has in a few moments. I say to the manager mal health guidelines established by raised is a legitimate one. and ranking member, I have two the World Organization for Animal AMENDMENT NO. 2115 WITHDRAWN amendments to this bill. This is one. I Health, and, No. 2, should abide by the Mr. BINGAMAN. Mr. President, with will come back posthaste following the international standards for continued that assurance, I will not go ahead and luncheon and offer the other. I don’t health and safety of the U.S. livestock push this to a vote at this point. Let want to hold up this bill. I want to industry. me thank my colleagues for their as- have both amendments considered. I What are those guidelines? The surance and urge, if it is possible before know you want to complete work on guidelines may be changed. I am told we complete action on this appropria- this important appropriations bill. there are discussions to do so. I am not tions bill, before it goes to the Presi- Let me describe the amendment that necessarily opposed to changing them. dent for signature, that we find some I have now offered dealing with some- But whatever the guidelines are, they additional funds this year. That would thing I think is very important. are. At the moment those guidelines be most appreciated. We have in this country a livestock talk about a country or zone with I will be glad to work with them with industry that is $175 billion. It is a very minimal BSE risk: regard to next year as well. This obvi- large industry, an important industry. The cattle population of a country or zone ously needs to be a multiyear effort, if In North Dakota, it is roughly $500 mil- may be considered as presenting a minimal we are going to get funding for nutri- lion, and it is important to our State. BSE risk should the country or zone comply tion education up to a level that actu- Ranching and farming, of course, rep- with the following requirements:

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.041 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14107 The last indigenous case of BSE was re- The World Organization for Animal cow disease. I am happy to yield what ported more than seven years ago. Health is made up of 164 nations, our time he might require for his state- There is another category more than Nation included, and Canada. One of ment. I ask him in advance if he will 4 years ago. the missions is to develop guidelines tell us how much time he will use. In this case, the case of mad cow dis- that relate to the rules that member I send the message out to those en- ease occurring in Canada, it was some nations use to protect themselves joying lunch, or those who are at the 10 months ago, and it was disclosed against diseases without setting up un- White House, or wherever, that we in- only 6 months ago. We are talking now justifiable sanitary barriers. I agree tend to finish this bill today. The as- about opening the border to imports of with all that. But I am saying that the sistant Democratic leader has told me cattle from Canada. guidelines in this organization of which that it is his desire from the other side That could be a devastating risk to we are a member and to which we are that we finish this bill today. So I hope our livestock industry. We have a lot of a party are explicit. They do not in- Senators who have amendments will ranchers trying to make a living. We clude a circumstance in which we de- come to the floor in a timely fashion. ought to care about the risk posed to cide, some 6 months after the disclo- We will do the best we can to deal with them if we import cattle from a coun- sure of mad cow disease, that we will the amendments in a timely fashion so try that had a case of BSE within re- take live cattle imported from that we can finish the bill and get it on its cent months. country into our marketplace. That way. We have a lot to lose. Let me de- poses significant risks to our pro- With that, I yield the floor. scribe a circumstance, for example, ducers. The PRESIDING OFFICER. The Sen- with Japan. In the year 2000, beef con- The National Cattleman’s Beef Asso- ator from Delaware is recognized. sumption in Japan was at 1.577 million ciation, NCBA, supports the amend- U.S. POLICY IN IRAQ tons carcass weight equivalent. BSE ment. The R–CALF organization sup- Mr. BIDEN. Mr. President, the chair- was discovered in Japan in September ports this amendment. These are the man is correct. I don’t plan on speak- 2001. That beef consumption dropped by two largest beef organizations in the ing on mad cow disease. I will speak for 16 percent in 1 year. Compounding United States. I offer it today hopeful approximately 20 minutes. If anybody those problems, Japan just announced comes in with a relevant amendment, I its second case of BSE in an animal for its consideration. It is a sense-of- will yield the floor. I am going to talk less than 30 months of age. The most the-Senate resolution. As I indicated when I started, I have on the subject of Iraq. recent case is a cow 21 months of age. to chair a Democratic Policy Com- Two days ago, the Congress com- USDA is proposing a rule that would pleted action on the President’s re- allow cattle 30 months or younger to be mittee lunch in about 1 minute. So what I would like to do is have quest for $87 billion. In fact, I think imported to the U.S. We have organizations that say, well, this amendment be pending, and it later today there is going to be a sign- it is not going to be a big problem. In would be preferable, if you want, to set ing down at the White House for mili- fact, a Harvard risk assessment on BSE it aside and take other amendments tary operations reconstruction money and its effects came to the conclusion: while I am at lunch. I will come back for Iraq, as well as Afghanistan, that Even if infected animals entered into to the floor at 2 o’clock and say a few relates to that $87 billion request. the U.S. animal agricultural system more words and perhaps I can get the The debate we had in the Congress from Canada, the risk of it spreading ranking member and manager to agree over that issue reflected more than our extensively within the U.S. herd was to accept this amendment. concern about the amount of money. I low. I yield the floor. think it reflected more than the stick- I am sorry. If we have a case of BSE, Mr. BENNETT. If the Senator will er shock that the American people felt mad cow disease, in this country, the stay on the floor for a moment longer. when they heard the $87 billion num- risk is dramatic for our beef industry, If he doesn’t talk when he comes back ber. I think it reflected the fact that just as it was for Japan—a 16-percent at 2 o’clock, we will accept the amend- there is a crisis in confidence in the reduction in beef consumption. It is a ment now, at 1 o’clock; is that accept- President’s leadership in Iraq. To put it devastating blow to our industry if it able? more straightforward, there is a grave occurs. Mr. DORGAN. That is an offer I can- doubt about the policy we are engaging I believe at this point we ought to not refuse, although the not-talking in now and its prospects for success. proceed with caution. We are not talk- proviso will not relate to my second The American people not only have ing about 4 years or 7 years, which rep- amendment. I will come back—actu- those doubts, but I know, and we all resents the guideline of the Inter- ally for the courtesy of the manager know on the floor, that a number of national Organization for Animal and ranking member, as I know they Members on both sides of this aisle Health. We are talking just a matter of want to move the bill—and offer my have doubts about the policy. I voted months past the time when a case of second amendment. I am happy to do for the $87 billion, and I believe we BSE was disclosed by our neighbors to that if he is willing to take the amend- needed to do that. But we cannot afford the north. I regret that has happened ment. to fail in Iraq, and there was no option to them. I know it is heartbreaking for Mr. BENNETT. I am always happy to but the one before us. them. I know they would like to move engage in a little humor with my It seems to me that we are going to cattle into our marketplace as early as friend. We served together as chairman have great difficulty succeeding in Iraq possible, but the fact is, our obligation and ranking member on another sub- unless we act more wisely, and I want is to try to find every way possible to committee. I assure him I am always to discuss that very briefly today. I prevent an outbreak of mad cow dis- happy to hear him at any time on any will be coming to the floor next week ease in this country because it would subject. with a much more expanded speech on be devastating to a significant, vibrant To move the bill forward, I have this subject. In order for us to succeed, industry, devastating to a lot of ranch- checked with Senator KOHL and he is I think we have to simply change our ers out there trying to make a living fully in support of the Dorgan amend- policy. We have to change the policy today. ment. I have no objection to it. I ask we are pursuing now in several very We ought not have USDA move as unanimous consent that it be agreed important ways. quickly as they want to move. First, it to. First, in order to determine whether is an abrogation of the guidelines we The PRESIDING OFFICER (Mr. or not we think this policy is working, signed up for. The guidelines of the BUNNING). If there is no further debate, it seems we have to understand the sit- International Code of Animal Health without objection, the amendment is uation on the ground in Iraq. There are don’t describe a circumstance in which agreed to. two realities in Iraq right now. One is you change the rules and allow the im- The amendment (No. 2116) was agreed that there is some real progress being portation of live cattle from a country to. made: Schools are being opened; hos- which has had an experience with mad Mr. BENNETT. Mr. President, I see pitals are open; there is a number of re- cow disease in just a matter of recent the senior Senator from Delaware here. construction projects underway; the months. I don’t think he will talk about mad setting up of local councils is occurring

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.044 S06PT1 S14108 CONGRESSIONAL RECORD — SENATE November 6, 2003 and other things that are good. But all Iraq: First, the Iraqis themselves; sec- and I and others—that is not a very of that progress is being undermined by ond, our U.S. troops and the few coali- popular thing to say. the other reality on the ground: our tion partners we have with us there; Guys like me who thought the ad- failure so far to get security, especially and third, there is the possibility of a ministration went about this war in the Sunni Triangle in Baghdad. real international coalition of military wrongly in the first place are in the du- The failure to secure that area has forces. bious position of being in the Chamber undermined not only the progress we Over the long term, obviously, the suggesting to the Americans who don’t are making but, in my view, has cre- single best way to get security right in like the war that we should put more ated a circumstance where it becomes Iraq is for the Iraqis to provide that se- forces in Iraq immediately in order to incredibly more difficult each day to curity through indigenous police forces take them out totally sooner while the get the kind of help we need to ulti- and an indigenous army. That is our administration announces that in the mately succeed. That is to the degree goal. Everyone agrees upon that goal. rotation of American forces through to which other nations, and to the de- And it is their responsibility, ulti- next spring, we are going to rotate gree to which Iraq is, and the degree to mately. They can tell the good guys troops, but we are also going to draw which the American people believe we from the bad guys better than we can. down the total number of American are not making significant progress is But here is the rub: It takes time to troops. It is somewhat perverse. Here the degree to which they withdraw build an effective—an effective—indige- are BIDEN and MCCAIN talking about their support or fail to offer support. nous police force or military force. putting in more troops, and the admin- We need international support, we When I was in Iraq in June, I was told istration is talking about taking out need the continued support of the Iraqi by our experts there on the ground that more troops. people, and we need the American peo- it would take 5 years to recruit and The irony here is, we do not have ple prepared to stay the course by train the 75,000 Iraqi police force that control of the security on the ground. spending billions of more dollars in was needed. I was told it would take 3 To the extent we don’t, for every Chi- order to get this done and, even more years to recruit and train just 40,000 nook that is shot down, for every importantly, risking and losing Amer- persons for the Army of Iraq—5 years American who is killed, every Iraqi ican lives. for the police force and 3 years just to who is blown up, every Iraqi policeman I am worried we are going to soon train 40,000 Iraqi soldiers. who goes to a barracks now and is lose the support of the Iraqi people and We can and we are putting that effort blown up, every Red Cross depot that is the vast majority of the American peo- into overdrive. Let’s understand the exploded—every one of those events un- ple. The Iraqi people, to make it clear, risks that go into putting it into over- dermines the willingness of the United are happy Saddam Hussein is no longer drive. The faster we go on our training, States, the Iraqis, and the world to around. They very much want to build the poorer the training and less legiti- stay the course and do the job in Iraq. a better future. But the fact is, there mate the police and army will be. Put- I might note parenthetically, my real has never been a government in Iraq ting them in charge prematurely is a problem is the President has yet to tell that has been a democracy. In fact, as recipe for failure. They will lose the the American people why this is so im- we all know, Iraq was a nation built confidence of the Iraqi people, and we portant. He keeps talking about and and carved out of a colonial cir- will lose the ability to recruit them to using the phrase, which is very catchy cumstance back at the end of the participate in the police force and/or in and very compelling—I am para- World War I, and it is very difficult, at the military force. phrasing—if we don’t fight the terror- best, to figure out how to put it to- Although it makes sense for us to try ists in Baghdad, we will fight them in gether in any form of representative to speed up as rapidly as we can the New York, Washington, Seattle, or government. It is going to take some training and the deployment of Iraqis, wherever. There is some truth to that. time. it is going to take time for it to work. The American people are a lot smart- So the job, No. 1, here for us, it seems Even on steroids, we are going to need er. If you ask the American people if to me, is getting the security right, a year at least before we can hand over they think if we succeed in Baghdad or controlling the streets, securing the the keys of security to the Iraqi people, if we succeed in Iraq that is going to weapons depots, getting much better the Iraqi military, and the Iraqi police. end terrorism in the United States, or intelligence. But that has always been The real question is, What do we do conversely, whether or not that is the the No. 1 job we have had, and all other in the meantime? The reason I am so source of terrorism and the threat to success depends upon that occurring— concerned about the meantime is that the United States, about 60 percent of better security. It has always been the within a year, before we are even able, the American people will say no, they administration’s responsibility, not the under this extended and intensive ef- don’t think that is it. They understand Congress’s responsibility, to figure out fort, to speed up the training and turn it. They understand the next terrorist how to get the security on the ground over the responsibility to the Iraqis, if correct. attack, God forbid, in the United For some time, I have refrained from we continue to have the attitude that States is more likely to come from So- any prescriptive outline as to what I pervades in Iraq today, or is beginning malia, Philippines, Iran, or any number think should be done because we can- to pervade and is beginning to pervade of other countries, than it is going to not dictate that kind of policy in the in the United States that this is a dif- be from something that has been Senate. That is a matter for Presidents ficult, if not hopeless, task, we are un- planned in Baghdad. to determine, administrations to lead. likely to accomplish the circumstance That is not to suggest there is not But I am very concerned that we are on of being able to put the Iraqis in a posi- terror in Baghdad; there is. But there a downward spiral in terms of the pros- tion even a year from now. We have to are the beginnings of a classic pects of getting it right in Iraq. do something now to make things bet- counterinsurgency in Baghdad, aided Now, it seems to me, right now, we ter on the ground. and abetted by international terrorist are not getting the job done. It is not That brings us to option No. 2, and operations that are beginning to mobi- because of the lack of bravery and com- that is flood the zone with more U.S. lize in that area. mitment and steadfastness of Amer- troops. Putting in more troops now The real reason we have to succeed in ican troops or American personnel. will allow us to get them out a lot fast- Iraq and the real reason we had better These are serious people. These are er. We especially need MPs, special get it straight pretty quickly before we brave young women and men. It seems forces, and civil affairs experts. lose the support of the American peo- to me they have been put in a cir- I listened to my friend JOHN ple is that if we fail to secure the peace cumstance that makes it very difficult MCCAIN—he and I have been on the in Baghdad and in Iraq, we are going to for them to succeed. same page on this issue for the last 5 see a significantly emboldened and Let me lay out very briefly now, and months—I listened to him yesterday radicalized Iran with over 70 million in greater detail next week, what I be- make a very compelling speech about people. We are going to see the pros- lieve we need to do to succeed. the need to immediately increase, not pect of—that fancy word we use in for- The bottom line is pretty simple. decrease, the number of American eign policy circles—modernity in the Three groups can provide security in forces. We understand—JOHN MCCAIN Middle East evaporate. The idea that

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.046 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14109 there are going to be more modern simple task. There are hundreds of de- America commands NATO. So it should democratic states is going to diminish, pots, many of them used, and we have be a NATO operation. not increase. We are going to see, I pre- to be very careful in destroying them. We are not getting other NATO dict, a reconsideration of the attitude We need to protect civilian popu- forces in because they do not want to about whether to look East or West in lations, and we lack enough demolition work alongside of and/or under the Turkey from Ankara from an Islamic experts who know how to destroy this command of a totally US-led operation government. We are going to see the stuff without starting a California-size that is not a NATO operation. So we circumstances in Pakistan deteriorate blaze. The administration has to make should make Iraq a NATO mission. because, sure as the devil, if things de- securing these weapons a top priority. General Abizaid would be put in teriorate in Iraq and we lose the peace We need to have better intelligence on charge of the new NATO command be- there, we are going to lose it in Af- the ground. It is really hard for our cause the way it always works with ghanistan as well. We will have two folks to tell the good guys from the bad NATO, as it does with the U.N., who- failed states. guys and that is where intelligence ever is putting up most of the responsi- It is absolutely essential that we suc- comes in. bility, putting up most of the money, ceed, even though most of us—I The Army itself is finding that our most of the troops, gets to be the one shouldn’t say most; I speak for my- intelligence specialists and the re- in charge. So this should be a NATO self—even though I did not agree with serves trained in civilian affairs and operation. the way the President went about the psychological operations do not get the Secondly, we should create a high conduct of this war. The facts are, we training they need before they are sent commissioner for Iraq who reports not are there and we must succeed. to Iraq, so they are not producing very just to President Bush or the Secretary What do we do? We need more civil good intelligence. of Defense, but who reports to an inter- affairs officers, we need more special We do not have enough competent in- national board of directors, reports to forces, and we need more MPs. But this terpreters. We have to get help to re- the NATO countries, reports to those is hard stuff. Our forces are stretched build Iraq from their own intelligence countries that are participating. That way thin in Iraq already and in Af- network. Here, too, we need a much is what we did in Kosovo. We never lost ghanistan. We would have to bring greater sense of urgency. control of Kosovo, but there was a high folks back to Iraq for second or third The second way to do this is for the commissioner. The high commissioner tours, and that is a decision no one United States to do it itself, but it is was not an American. The first one wants to make. We have to at least going to take more personnel and a dif- happened to be a Frenchman. The sec- consider it if it would make our troops ferent kind of personnel to do that. The ond one was a Dutchman. They re- safer now, increase the chances of suc- President has made clear he is not ported to all of the capitals that were cess and security in the triangle now going to do that. participating in the reconstruction of being more likely than not because There is another way to buy time Kosovo. otherwise we just dribble this away. until the Iraqis can fend for them- We have a long way to go in Kosovo Short of bringing in more U.S. selves, and that is to make Iraq the and a long way to go in Bosnia, but troops, there are things we can do with world’s responsibility, not just our thank God, knock on wood, there are our forces to get a better grip on secu- own. We had that opportunity before no American casualties. There have not been American casualties as a con- rity in the region. We have to deal with the war, and we blew it. We had that sequence of hostile fire. People are not those ammo depots. There are more opportunity after the war, and we blew killing one another in those two coun- than 600,000 tons of ordnance in Iraq. it. At the end of the summer, when it tries. A lot more has to be done. There That is one-third of all the munitions became clear the security situation is no pure democracy there, but there the United States of America pos- was not getting better, the administra- are not a million people in the moun- sesses. Of that, less than 100,000 tons tion decided it had to reach out, but it tains about to freeze, there are not have been destroyed. There are also did not do it very well. The President’s 250,000 dead, and Americans are not thousands of shoulder-fired missiles on speech to the United Nations was not being shot. The place is secure, and we the loose in Iraq, one of which probably very well received, so for a third time brought down the helicopter last week. are only paying 15 percent of the price the administration squandered the op- in terms of money and troops. If we We are offering to buy those missiles portunity to get international support back at 500 bucks a pop. want to get the rest of the world into in significant ways. this deal, because—and people say, A recent Newsweek or Time Maga- This is not totally our problem, but well, Joe, why would they even con- zine article this week pointed out a for the most part only Americans are template coming in? They are kind of young Iraqi came up to an American being killed. I am convinced we have military person and said: Do you want happy to see us bog down. one last shot to bring the world in to The reason they would be happy to to buy one of these missiles? Iraq, and we must do everything in our He said: Can you get more of them? come in if they had the right environ- He said: Yes, I can get more of them. power to seize that opportunity. This is ment is because they have as much at He got a whole truckload of them and the meat of what I have to say. I would stake in a failed state of Iraq as we do. brought them back. I think he got paid like to see President Bush not figu- For the Europeans, Iraq is their front $40,000 for them. He said he would have ratively but literally go to Europe, call yard. It is our backyard. We have to brought back more except the truck a summit and ask for help. We will create the environment in which they was not big enough. have to give up more authority in are willing to participate. So instead of We have tens, hundreds, if not thou- order to get that help, but as I keep having Mr. Bremer running the oper- sands, of these shoulder-held missiles saying, and I have been saying for the ation—and maybe Mr. Bremer should on the loose in Iraq. We are paying $500 last 6 months, we should stop treating be the high commissioner. The phrase for the retrieval of each one, and more Iraq as if it is some sort of prize we for that is ‘‘double hatted.’’ There has than 350 have been turned in. The black won. It is not authority I am looking to be a much larger investment by market price for purchasing those to possess. We would be giving up noth- other countries. In return, they have to shoulder-held missile launchers is ing as it relates to our security inter- have much greater participation. $5,000 a missile. That is kind of hard to ests. As much as people will not like hear- compete with. There are three things we can and ing me say this, the second thing we If we had more forces in place, we should do to get more countries in- have to do is change Bremer’s function could do a better job of guarding those vested in Iraq with troops, police, and into that of a high commissioner re- depots, but even without those forces resources. The first is we should make porting to Washington, London, Berlin, we should be getting Iraqis to fence off Iraq a NATO mission. The model we Paris, et cetera. Otherwise, we will not the depots, put sensors on the gates, should be using is not Afghanistan but get the kind of participation we need. put more UAVs in the air to patrol Bosnia, Kosovo. There is a NATO gen- Thirdly, we should transform the them. eral in charge of all the troops there. It Iraqi Governing Council into a provi- We have to destroy the weapons fast- happens to be an American most of the sional government with greater sov- er. Let me acknowledge this is not a time because America runs NATO; ereign powers. Putting NATO in charge

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.049 S06PT1 S14110 CONGRESSIONAL RECORD — SENATE November 6, 2003 of security in Iraq offers the possibility I ask a rhetorical question to any No. 2, it communicates the notion of building a truly multilateral force, Americans who may be listening. that we are not the sole determining with far more participation from Euro- Would it offend you that a high com- power in that country, that it is not peans, Asians, and neighboring coun- missioner reporting to the U.N. Secu- solely our problem, it is the world’s tries. More countries will take part be- rity Council was the model we were problem. cause they would be reporting to the using? Would you be angry that we No. 3, that the military operation is North Atlantic Council, not to the Pen- didn’t own it all, that we weren’t the not a U.S. operation, it is a NATO oper- tagon. one having to put up all the money, ation. We are the North Atlantic Council as making all the decisions, and taking All of those things, I believe, would well. It is a model, as I said, that all the casualties? What is our reluc- significantly improve the prospects of worked in the Balkans and now is be- tance? success and significantly diminish the ginning to work in Afghanistan. In the I said, either way, in a de facto sense, prospect that we will carry the entire Balkans, for example, many non-NATO we remain in charge. load for as long as it takes. countries, including Russia and some Finally, it seems to me we should I will elaborate on those points in Arab states, joined the effort because turn the Iraqi Governing Council into a more detail next week. But it seems to they were not joining the U.S. effort; true provisional government with more me we have to change the model now they were joining a NATO effort. sovereign powers. This transfer of sov- and begin the process. I thank the The United States, in all of these ereignty should not be held hostage to chairman for allowing me to speak and the very important but very com- models I am suggesting—and they are I yield the floor. plicated and time-consuming process of relatively drastic changes—would re- The PRESIDING OFFICER. The Sen- writing a new constitution. tain operational control on the ground ator from Iowa. with General Abizaid as head of this I happened to hear General Clark this morning on one of the morning news Mr. GRASSLEY. Mr. President, I rise new NATO command. And we retain ef- to speak on an amendment that I think fective control in NATO, where the shows. He pointed this out. I thought it was a great example. He said: It took is coming up this afternoon. The rea- United States is the lead player. son I would like to have permission of Creating an International High Com- us 7 years to write our Constitution. Actually, it took a little longer. How the Senate to speak about it now is missioner for Iraq and putting him or that I will not be able to be in the her in charge of reconstruction would would we have felt had the French said: We helped liberate you from the Brit- Chamber because of the Medicare con- also attract far more international par- ference. ticipation. The recent donors con- ish; we are going to stay here as the re- AMENDMENT NO. 2078 ference in Madrid was a painful exam- gional power while you write your Con- stitution? I am not so sure we would ple of the price we pay for doing every- Mr. GRASSLEY. Mr. President, I am have greeted that with a warm em- thing ourselves. speaking on the issue of the sense-of- When you go into a country unilater- brace. the-Senate resolution by Senators So in order for this Iraqi Governing ally, you get to handle the peace uni- DASCHLE, ENZI, JOHNSON, and THOMAS Council, which has not been all that re- laterally. One we didn’t need, the other on the legislation that is now on the sponsible up to now in my view, to be we do. books called country-of-origin labeling. able to function, it seems to me there Typically, as in the Balkans, the I believe the American consumer has has to be a transfer of authority that, United States covers reconstruction ef- a right to know the country of origin in fact, should not be held hostage to forts—pays for about 25 percent of the of the meat they are purchasing, just the constitution having to be written reconstruction costs after a major con- as consumers know the origin of their first. It may require some changes in clothes, their cars, and their cameras. flict. By that ratio, the $20 billion, or this provisional government to make it $18-point-something billion Congress Even the U.S. Department of Agri- more representative, but that is what culture cites in its rule that recently just approved for Iraq reconstruction we should get on with now. Nothing should have generated, in Madrid, came out that the survey findings show would send a clearer message to the that country-of-origin labeling is of in- about $60 billion from the rest of the Iraqi people that the future is theirs to world. Instead, we got $13 billion, of terest to the majority of consumers. build and to inherit, and nothing would I said even the U.S. Department of which $9 billion was loans. make it clearer to them that the en- As long as the CPA is the sole decid- Agriculture has said this because I hap- emies of that future are Saddam loyal- pen to believe, in observing the U.S. ing authority on how Iraq will be re- ists and international terrorists who built, other countries will be reluctant Department of Agriculture over the are killing our troops, other than hav- last 12 months, that it has worked to fork over real money. They want a ing sovereignty transferred to the Gov- real say in how the money is spent. against the country-of-origin labeling erning Council. legislation ever since it passed into law Again, look at the model in the Bal- In conclusion, I am suggesting that as part of the 2002 farm bill. kans. Look at the model in gulf war the model we are operating under be The initial cost estimates of the U.S. No. 1, George the first, the first gulf changed. war. We paid only about 20 percent of No. 1, sovereignty, even requiring, if Department of Agriculture were out- the total cost. The rest of the world need be, more representation on the landish, and thankfully the General came in and made up the remainder of Governing Council, but more sov- Accounting Office called the U.S. De- that $60 billion. ereignty transferred to the Governing partment of Agriculture on the basis of What are we doing now? Again, in my Council. its claims. The U.S. Department of Ag- view, the model we are operating under No. 2, a high commissioner, in place riculture then revised its cost esti- is broken. We should fix it. Otherwise, of the system we have now, on the Bos- mates by lowering the potential cost of we own it all. This is not something we nian model, reporting to more than one the program. This newly revised figure want to own alone. world capital—that may be Bremer allowed for an overall cost range of be- If we go the route I am suggesting of being double-hatted, but it would be a tween $582 million and $3.9 billion in a special representative who reports to high commissioner—and that to bring the first years. the U.N. Security Council, of which we in the rest of the world to participate. Upon closer examination, even the are a member—either way, that could No. 3, that the military operation revised cost estimates of the Depart- be Bremer. Bremer could be double- should be under NATO command and ment of Agriculture appear to consist- hatted. NATO responsibility. ently overestimate the costs involved In Bosnia, the High Commissioner re- I think by doing those things, we in implementing the country-of-origin ports to a special steering committee communicate several very important, labeling law due to the estimate’s reli- led by the United States and the EEU. practical, and substantive messages: ance upon industry-provided sources of In Kosovo, the Secretary General of No. 1, we, the United States, have no material—not independent but from in- the United Nations designated a Spe- designs on Iraq. We know we don’t, but dustry. cial Representative who reports to the I am not sure the Iraqi people know we Clearly, the industry which is vehe- U.N. Security Council. don’t. mently opposed to this legislation, it

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.051 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14111 seems to me, would provide informa- Senate resolution—introduce legisla- Where does this product come from? T- tion which is self-serving. For that rea- tion and have it debated to see if they shirts from Taiwan, South Korea, and son, I have a hard time accepting even can repeal the old law. But they should China—you know it; it is on the label. the newest range of cost estimates not put the farmers, the processors, the I have never heard any retailer or even though it is far less than what wholesalers, the retailers, and eventu- any wholesaler complain about that. came out last spring. ally our consumers in jeopardy because But now that we are going to give the I am not here to say that everything of not having the money to move for- consumer the same knowledge about the U.S. Department of Agriculture has ward. where their food comes from—from done on this legislation is bad. The re- Not funding this is—as the other America or from some other country— cently published proposed rules allow body has not funded it—subterfuge for somehow this is a big problem. You for the potential use of self-certifi- the legislation not moving forward. hear it from the packers, you hear it cation through affidavits to transfer Yet everybody is going to be involved from the processors, and you hear it original origin information from one with having a law on the books that is from the wholesaler and the retailer. level of the supply chain to the next. going into effect next year. The law is For some ungodly reason, I am even That leniency on self-certification is a still the law. It is our job, if we put a hearing it from the national pork pro- good decision by the U.S. Department law on the books, to make sure that it ducers. I do not hear it from the Iowa of Agriculture. Also, the Department is enforced. If we don’t want to enforce pork producers. Are the national pork estimates producers will have the least that law, we ought to repeal the law. producers in bed with the big packers, recordkeeping burden, with estimates This issue of self-certification is very the big processors, and the big retailers that range between $180 to $443 per fa- important. Originally, the idea from of America? Should the consumers of cility. some people in the Department or the America not know whether that hog The reason I am giving U.S. Depart- industry was that there ought to be came from Canada or from a family ment of Agriculture credit for in part third-party verification of the origin of farm in America? doing the right thing is that I want the meat that the consumer is going to The consumers are entitled to the this process to continue. Clearly, I eat. Did it come from another country same knowledge about the origin of the don’t agree with every aspect of the re- or did it come from America? Was it products they eat as what they wear on cently published mandatory country- raised and processed here? their body or what they use for a tool of-origin labeling law proposed rule, If you have third-party verification, in their workplace. I think we need to but at least the Department of Agri- you can understand why it costs the move ahead with this country-of-origin culture has given us something on economy billions and billions of dol- labeling. That is why I hope my col- which to chew. It is a decent start. We lars. But that isn’t how the Federal leagues will support this sense-of-the- now have a 60-day comment period to Government deals with the family Senate resolution for a law that is on improve the proposed rule. farmers of America. the books—a law that is going to go I intend to not only do that myself For all of the decades of farm pro- into effect in September of next year. Why don’t the people in the Congress but I intend to also let the Department grams we have had, the Federal Gov- of the United States who do not like know my views on it, and I am inviting ernment has always dealt with the in- that law and the interest groups out- Iowans—or let us say citizens from any dividual family farmer as an honest side that do not like that law have guts State—to send in their information to person. They would ask for certifi- enough to come forward and repeal the the Department of Agriculture. They cation from the farmer’s point of view law and have a clear-cut victory or a ought to even let their Congressmen as to the law as he farmed, as he raised clear-cut defeat? Let us move on. Let and Senators know what they have told his crops, as he qualified for whatever us not have the subterfuge of not fund- the Department about their view of help that might be involved from the ing it. this rule. This gives all of us a chance Federal Treasury, and that the farmer I yield the floor. to get it even closer to the intent of was abiding by that law. There were al- The PRESIDING OFFICER. The Sen- the authors of the original legislation ways periodic and random audits that a ator from Nevada. and to ensure that these rules and reg- farmer, including this farmer, would Mr. REID. Mr. President, I extend my ulations aren’t overly burdensome to have to comply with, just as there appreciation to the Senator from Iowa the family farmer. might be a random audit of your in- for his statement. I support the amend- I believe we need to let the process go come tax by the IRS. But the Federal ment that will be offered by the Demo- forward. The only way to do it is to Government has always assumed the cratic leader in a short time. It is im- protect funding for the mandatory farmer was honest when he certified portant the American public recognizes country-of-origin labeling. That fund- something. speaking on behalf of the American ing is in dispute because of action If that principle has been good for consumer is a farmer, a Senator, but taken by the House of Representatives. farm programs for the last 60 or 70 his first vocation is that as a farmer. I hope through this sense-of-the-Sen- years, why isn’t it good enough for a We are so proud. I very much appre- ate resolution, we send a clear signal farmer claiming that livestock was ciate the strong, articulate statement to the conferees that we should fund raised in America and processed in of the Senator from Iowa on this most this program; in other words, funds America or whether it came across the important subject. It affects my fam- going forward and the enforcement of line from some other country? ily, my children, my grandchildren. As the law that this Congress adopted in The last point I make is for the con- the Senator said, if we buy a pair of pa- 2002 on the labeling of meat products. sumers of America and for the retailers jamas, we know where they are made. It will be an awfully serious situation of America. When we buy a peach or beef steak, we if we don’t fund these rules and move For all of the years I have been in should know where that comes from, forward with the enforcement of this Congress, I have never heard from also. I appreciate the statement. law. People who don’t want to fund it Montgomery Ward, Sears & Roebuck, I say through the Chair, to the chair- do not like the law, but it puts our en- Kohl Department Stores, or from Wal- man of the subcommittee, on our side, tire food chain into jeopardy, on the Mart—I have never heard from any- it appears we have about five more one hand having to meet a law that body in America who processes or sells amendments. We have the Dorgan went into effect in September 2002, and retail products—saying that products amendment, which we have heard then in the next 12 months not having which come into this country from about. We heard Senator LEAHY will money to provide for the regulations to some other country shouldn’t be la- offer an amendment on conservation be carried out and make sure every- beled. I have never heard those busi- technical assistance. Senator DASCHLE body knows exactly how this law is ness people complain about that. But will offer a country-of-origin amend- going to be enforced. all of a sudden, there is something to ment. Senator FEINGOLD will offer a People who are opposed to this legis- protect food for the consumer—just as Buy America amendment. Senator JEF- lation ought to, if they do not like the we do with the consumer and any other FORDS may offer an amendment on his- law—obviously, I do like the law, and retail product, not just to protect the toric bonds. We are moving down the that is why I am for their sense-of-the- consumer but to inform the consumer. road with this legislation.

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.055 S06PT1 S14112 CONGRESSIONAL RECORD — SENATE November 6, 2003 Mr. President, as I have already indi- Please vote in support of the Daschle-Enzi- in Farm Economics; Nevada Live Stock cated, I rise in support of the Daschle Johnson Sense of the Senate to maintain Association. amendment, which will be offered in funding of COOL. New Mexico Cattle Growers’ Association; the next little bit, and to express Sincerely, New Mexico Farm and Livestock Bu- National Farmers Union; American Farm reau; New Mexico Public Lands Coun- strong support of the Senate for the Bureau Federation; R–CALF United cil; New Mexico Wool Growers, Inc.; country-of-origin labeling require- Stockgrowers of America; Consumer New York National Farmers Organiza- ments of the 2002 farm bill. I have a let- Federation of America; Alabama Farm- tion; North Dakota Farmers Union; ter from agricultural and consumer ers Federation; Alabama Farmers Fed- North Dakota Livestock Marketing groups across the country that support eration; Alabama Peanut Producers; Assoc.; North Dakota Stockmen’s As- this amendment. American Agriculture Movement of Ar- sociation; Northern Plains Resource I ask unanimous consent this letter kansas; American Agriculture Move- Council; Ohio Farmers Union; Okla- ment of Missouri; American Agri- be printed in the RECORD. It is dated homa Farmers Union; Oregon Cran- culture Movement of Oklahoma; Amer- berry Farmers’ Alliance. October 9 and is signed by 170 different ican Agriculture Movement, Inc.; organizations from all over America. Oregon Farm Bureau Federation; Oregon American Corn Growers Assoc. of Ne- Farmers Union; Oregon Livestock Pro- These are organizations that cover the braska; American Corn Growers Asso- ducers Association; Organization for width and breadth of this land, includ- ciation; American Meat Goat Associa- Competitive Markets; Park County ing Oregon Cranberry Farmers’ Asso- tion. Stockgrowers Assoc. (MT); Pennsyl- ciation, Sustainable Earth, Texas Arkansas Farmers Union; Beartooth vania Farmers Union; Platte County Farmers Union, Montana Cattlemen’s Stockgrowers Association; Burleigh Farm Bureau (NE); Powder River Basin Association, Illinois Stewardship Alli- County Farm Bureau (ND); C.A.S.A. del Resource Council; Public Citizen; Llano (TX); Calaveras County Cattle- ance, Georgia Peanut Commission, Rocky Mountain Farmers Union; Rural men’s Association; California Farmers Advancement Foundation Inter- Florida Fruit and Vegetable Associa- Union; Cape Code Cranberry Growers’ tion, American Meat Goat Association, national-USA; Rural Roots (ID). Association; Center for Rural Affairs South Dakota Farmers Union; South Da- Arkansas Farmers Union, American (NE); Churches’ Center for Land and kota Stockgrowers Association; South Corn Growers Association. It is impor- People (WI); Citizens Organized Acting Eastern Montana Livestock Assoc.; tant we recognize this is representative Together; Cochise-Graham Cattle South Texas Hereford Association; of groups all over America that support Growers Assoc. (AZ); Community Alli- Southeast Wyoming Cattlefeeders As- this amendment. This list could be ance with Family Farmers (CA); Crazy sociation; Southern Peanut Farmers Mountain Stockgrowers Assoc. (MT). Federation; Southern Research and De- multiplied by 10 if these organizations Creutzfeldt Jakob Disease Foundation; were given a little more time to gather velopment Corp. (LA); Southern Sus- Dakota Resource Council (ND); Dakota tainable Agriculture Working Group; signatures. Rural Action (SD); Eagle County Soybean Producers of America; Spo- There being no objection, the mate- Cattlemen’s Association (CO); Fall kane Cattlemen’s Association (WA); River & Big Valley Cattlemen’s Assoc. rial was ordered to be printed in the Stevens County Cattlemen’s Associa- (CA); Florida Farm Bureau Federation; RECORD, as follows: tion (WA); Sustainable Earth (IN). Florida Farmers, Inc.; Florida Fruit OCTOBER 9, 2003. Sustainable Food Center (TX); Texas and Vegetable Assoc.; Florida Tomato U.S. Senate, Farmers Union; Union County Cattle- Exchange; Georgia Peanut Commis- Washington, DC. men’s Association (OR); Utah Farmers sion; Grant County Cattlemen’s Assoc. DEAR SENATOR: We are writing in represen- Union; Virginia Angus Association; (WA); Holy Cross Cattlemen’s Assoc. tation of millions of consumers and pro- Washington Cattlemen’s Association; ducers across America to express our strong (CO); Idaho Farmers Union. Illinois Farmers Union; Illinois National Washington Farmers Union; Way Out support for full funding in the fiscal year West Rural Action Group (ID); Western 2004 agriculture appropriations bill for im- Farmers Organization; Illinois Stew- ardship Alliance; Independent Cattle- Organization of Resource Councils; plementation of country-of-origin labeling Wisconsin Farmers Union; Wyoming (COOL). men’s Assoc. of Texas; Indiana Farmers Union; Indiana National Farmers Orga- Stockgrowers Association; Yuma Coun- Senator DASCHLE, Senator ENZI and Sen- ty Cattlemen’s Association (CO). ator JOHNSON are prepared to offer a Sense of nization; Institute for Agriculture and the Senate amendment instructing the agri- Trade Policy; Iowa Citizens for Com- Mr. REID. The reason the organiza- culture appropriations conferees to remove munity Improvement; Iowa Farmers tions signed up for this is because they language inserted into the House of Rep- Union; Kansas Cattlemen’s Associa- support the right of American con- resentatives spending bill, which prohibits tion; Kansas Farmers Union; Kansas sumers to know the origin of the food the U.S. Department of Agriculture (USDA) Hereford Association. we eat. In Nevada, the Cattleman’s As- from spending funds to implement COOL. We Kansas National Farmers Organization; Kemper County Farm Bureau (MS); Kit sociation and Nevada Livestock Asso- strongly urge you to support the efforts of ciation strongly support this legisla- Senators DASCHLE, ENZI and JOHNSON when Carson County Cattlemen’s (CO); Land the amendment is introduced. Stewardship Project (MN); Lincoln tion. A report recently released by the General County Stockmans Assoc. (CO); Live- We ask, after having heard the strong Accounting Office (GAO) refutes the number stock Marketing Association; Madera statement of the chairman of the Fi- one argument of opponents of COOL by County Cattlemen’s Assoc. (CA); nance Committee, Senator GRASSLEY, clearly stating the $2 billion price tag at- Malheur County Cattlemen’s Assoc. who opposes this? That is interesting. tached by USDA was based on arbitrary as- (OR); McPherson County Farmers It is the House of Representatives. It is sumptions and not well supported. Given this Union (KS); Merced-Mariposa Cattle- recent report and the fact that USDA has yet men’s Assoc. (CA); Michigan Farmers the law that there be country-of-origin to release the preliminary rules of imple- Union; Mid-Nebraska Pride. labeling. mentation, it is simply the right thing to do Minnesota Farmers Union; Missouri The House of Representatives, in to maintain implementation funding and Farmers Union; Missouri National their version of this appropriations keep COOL. Farmers Organization; Missouri Rural bill, wants to prevent any moneys Country-of-origin labeling is designed to Crisis Center; Missouri Stockgrowers going forward from the Federal Gov- provided information to consumers and help Assocaition; Modoc County Cattle- ernment to enforce the country-of-ori- U.S. producers promote their own products men’s Assoc. (CA); Montana Agri- gin labeling. That is unfair. in the marketplace. It does not need to be Women; Montana Cattlemen’s Associa- burdensome or expensive to producers. We tion; Montana Farmers Union; Mon- Who does not support it? The House believe that, given a choice, consumers will tana National Farmers Organizaton; of Representatives. As I indicated, in choose to purchase U.S.-produced products. Montana Stockgrowers Association; their appropriations bill dealing with COOL does not violate any of our trade National Association of Counties. agriculture, they inserted a little pro- agreements. In fact, the GAO report cited 48 National Assoc. of Farmer Elected Com- vision that would not allow us to im- of our 57 trading partners that require coun- mittees; National Campaign for Sus- plement country-of-origin labeling. try-of-origin labeling on one or more of the tainable Agriculture; National Catholic This amendment would silence our ef- covered commodities included in the U.S. Rural Life Conference; National Con- fort to inform consumers about the law. Without mandatory COOL, consumers sumers League; National Family Farm in the United States will be denied the abil- Coalition; National Farmers Organiza- food they eat by telling them where ity to differentiate between U.S. and im- tion; National Potato Council; Ne- their meat, lamb, fish, and vegetables ported products, while consumers in our braska Farmers Union; Nebraska originate. trading partners’ countries maintain that Grange; Nebraska Livestock Marketing I was happy for my wife to buy me a right. Association; Nebraska Women Involved pair of shoes. This pair of shoes, by the

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.057 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14113 way, is very comfortable. I stand a lot. That is what is behind the House of culture Committee. I was not told, These shoes are made in America. Representatives’ provision in the bill. when I was given that assignment, that Allen Emmonds is the brand name. I They simply have been overwhelmed by it included supervising the implemen- had a choice. There was a Brazilian the four meatpackers in this country tation of the country-of-origin labeling brand made for people who stand a lot that control 80 percent of the beef in law, a law the Congress passed before I like I do. There was a French brand. I our market. Of course, that is not what was here and on which I did not have bought American. I had a choice. The the critics of the country of origin say an opportunity to express my opinion. choice was very easy. I was happy to to the public, but the public arguments I know feelings run high regarding have that choice. are not better. Critics of the program that law. I have had the opportunity to If I can go to a store and find out claim it is too expensive to put into ef- study the issue, and I have tried, from where the shoe is made, shouldn’t I be fect. With a multitrillion-dollar budg- the beginning, to be an honest broker able to go to a grocery store and find et, it is not too expensive. The General in this whole process, just to try to see out where the steak I am going to buy Accounting Office recently found that that this law—which was passed before comes from or the roast or the pota- the U.S. Department of Agriculture es- I got here and which is part of the law toes or the cauliflower, whatever the timate was arbitrary and not well sup- now—is implemented in a way that ac- case might be. If you can do it for ported. Most cost estimates place the complishes what it was originally in- shoes, certainly it would seem you can costs much lower than the Department tended to accomplish. do it for food. of Agriculture. The Department of Ag- In the course of doing that, I have, of This amendment in the House riculture has made other mistakes. course, read that statute. I have had a version of the bill would silence our ef- Some argue that the country-of-ori- chance to talk to several of the Sen- fort to inform consumers about the gin label violates trade agreements. ators who were instrumental in writing food they eat. That is wrong. I cannot That is a specious argument because 48 it. It is pretty clear, from the statute, imagine anyone who would not want of our 57 trading partners already re- the gist of what the Congress intended. consumers to know what they are eat- quire country-of-origin labeling for It is like reading an essay quickly; you ing and from where it comes. their commodities. sort of get the gist of it. Who could be behind the position of This allows foreign consumers to The problem I will get to in a minute the House? Is it just a bunch of very choose whether they want to support is, when you go into the details of it, a educated, in the way of farm products, their own farmers and ranchers. Amer- lot of it is rather vague. That is going Members of the House of Representa- ican consumers deserve the same to raise problems in the implementa- tives? Is it just a group of enlightened choice. The House of Representatives, tion unless we do something. But I staff people who suddenly said, we do with its country-of-origin rider, would think the gist of it is pretty clear. I am not want them to enforce that law; it is deny that right for American con- going to restrict my remarks to beef not good politics; it is not good public sumers. even though, of course, the bill covers policy for people to know where their I believe, as some of my colleagues a whole wide range of different prod- food comes from. ucts. But for simplicity’s sake, I will In fact, why don’t we just have Amer- have said and will say, that U.S. farm- talk about beef. icans continue labeling this stuff ers and ranchers produce the highest, From the bill, it is pretty clearly the ‘‘American’’ when it is not. That is best quality food in the world. I also intention is that all beef be labeled, what is happening now. That is a rea- believe that if American consumers are that there be specific labels for Amer- son we need to stop this. given the power of information, and Why, then, is the House of Represent- the right to know, they will choose to ican beef, that we begin to control atives so involved in this issue? It is buy American food products. what people are calling American beef. quite clear. The authors of this House As many of my colleagues will recall, The legislation references and, in provision are people who have had we had a full and extensive debate some respects, in some sense, seems to looking over their shoulder people about country-of-origin labeling during want to be modeled on some existing from the four major meatpackers in the consideration of the farm bill. It labeling programs. But, as I will say in this country that oppose this labeling. was one of the most hotly debated pro- a minute, it does not make clear ex- This legislation comes from those visions during the House and Senate actly what the legislation is. It puts packers. These packers, while they conference on the bill, again, because the burden of compliance on the retail- may not have a monopoly, have about of the power of the four meatpackers in ers, which is very significant in getting as close as you can come to a monop- this country. The outcome of all that us where we are now with the imple- oly. The packers control about 80 per- debate—a county-of-origin labeling re- mentation of it. cent of the beef in the U.S. market. quirement—was a victory for American The legislation seems to contemplate If you think they had some hand in consumers and American farmers and that it be enforceable by the Depart- the House of Representatives putting ranchers. ment with some kind of a grace period. this provision in the legislation, of The House, with its anticonsumer, There is a section in the legislation re- course they did. The packers do not antifarmer, antirancher rider, is trying lating to the grace period. like the country-of-origin labeling be- to sneak a provision through the back So if you read the legislation, it cause they want to continue to sell im- door that they could not prevail on in seems to me the gist of it, of what it ported beef, in effect, made in the USA. open debate. We know what the rules intended, is pretty clear. I think what They want to trick, to deceive, Amer- are on appropriations bills. It is very I have said is consistent with the con- ican consumers into believing they are difficult to strike things out of bills. versations I have had with Senators buying food that is grown and made in Americans have a right to know what who were very responsible and have America because it gives them an ad- they are eating. This harmful House acted in good faith from the beginning vantage to do so, just like my shoes, rider would deny them that right. in writing this legislation and are now just like my American shoes. When the opportunity comes, I will interested in its implementation. Nope, this suit I am wearing is not support, with a ‘‘yea’’ vote, the Daschle The problem is, the legislation is made in America; most of my suits are. amendment. vague in a lot of respects. It imposes a When I have a choice, I want to buy The PRESIDING OFFICER. The Sen- very serious potential liability on peo- ‘‘Made in America.’’ I want to do the ator from Missouri. ple, but in certain crucial aspects—in same with my food—or at least have Mr. TALENT. Mr. President, I rise fact, in a lot of crucial aspects—it is the knowledge of where my food comes also to talk a little bit about country- really not clear exactly what they have from. As I said, most of the suits I wear of-origin labeling. I guess I ought to to do to avoid that liability. are made in America. Hickey Freeman, tell the Senate, first, why I am inflict- It is not that anybody intended the made in America. ing my opinions on this subject on the vagueness. I know what it is like when I am looking forward to an amend- Senate. you are in the middle of a conference ment that will be offered, as I indi- I have the honor of chairing the Sub- committee and trying to come up with cated, by my friend from Wisconsin committee on Marketing, Inspection, legislation under all the pressures of about buying American. and Product Promotion of the Agri- time and the need to compromise and

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.058 S06PT1 S14114 CONGRESSIONAL RECORD — SENATE November 6, 2003 to check with a bunch of different peo- eral court could be brought against a the statute give rise to vagueness that ple. It is hard to do something that has retailer that does have the burden of creates the potential for liability that 100 percent precision under those cir- compliance that fails in some respect these companies are simply not going cumstances. to comply with the statute. to risk. They are going to do what they Let me go through some of the re- The statute does not say how this have to do to protect themselves. spects in which I think the legislation statute, the country-of-origin labeling Whatever it costs, they are going to do is a little difficult to understand. law, relates to other labeling statutes. it and pass it down the production As I said before, the statute lists cer- So it is not clear whether a violation of chain. That is my concern, that we end tain model programs, and references the country-of-origin labeling law is up, as a result of unintended vagueness them, such as the Florida labeling stat- also a violation, for example, of the in the law—I will concede to the Sen- ute. It does not make clear, however, food safety laws or the other labeling ate—passing these costs of production whether those programs are safe har- laws or consumer protection laws or down where eventually they will settle bors—in other words, whether the peo- how that is going to relate to State on the weakest competitors in the food ple who are supposed to comply with consumer protection laws. chain, which is, of course, the pro- this and who do it in a way that those I do not raise these issues as if this ducers. programs operate, are safe from liabil- were some kind of a law school exam. I So my cattlemen and yours may end ity. raise them because it is very important up having to bear all these extra costs As a matter of fact, the suggestion in to understand this is a statute that that are generated because of these the legislation is it is reasonably clear people are going to have to follow re- concerns, and we end up hurting the they are probably not safe because the gardless of what the regulations say, at very people, along with consumers, we legislation seems to require things that least within limits. are trying to help in passing this law. are not in some of these model pro- Let me go on to the next point be- What are some of the things the re- grams. But if those models are not safe cause I think it is essential we make it tailers may do? We have been col- harbors, then what are they? What pur- in order to focus exactly on where we lecting a lot of information. I ask pose do they really have? It is just not are now. We can concede, again, the unanimous consent that this letter be clear from the statute. good faith of both sides on this. We cer- printed in the RECORD. The statute makes clear, it seems to tainly can concede the good faith and There being no objection, the letter me, that you can only call something intentions of the Senators who drafted was ordered to be printed in the American beef if that beef was born, this bill and the Congress that passed RECORD, as follows: raised, and processed in the United it. IBP, INC. States. I think it is pretty clear that What we know is that the statute un- DEAR PRODUCER: As you know, federal law was one of the major purposes of the questionably does this. It imposes a la- requires that country of origin labeling ap- statute. But it does not say what the beling requirement with substantial li- pear on all retail meats sold in the U.S. by label ought to say, and it really ad- ability for retailers, the last business September 30, 2004. The labels must state dresses in no respect whatsoever what organization to handle the food before where the livestock was born, raised and you should put on the label for beef consumers get it, if they violate that slaughtered. USDA has stated self-certifi- cation will not be allowed, nor will the gov- that you do not want to claim was labeling requirement. ernment step in to certify where livestock born, raised, and processed in the What I want to suggest to the Senate were born or raised. Retailers have also stat- United States. It requires that foreign is that what the regulations say, while, ed they will require verifiable records, and beef, within the meaning of the stat- of course, it is important because it they do not plan to accept self-certification. ute, be labeled, but it gives no clue bears on how the statute might be in- Thus the responsibility for accurate docu- whatsoever as to what that label ought terpreted, is a lot less important in de- mentation of these required facts rests ex- to say—again, even given the fact that termining how this is practically going clusively on the livestock, meat and retail to be construed and implemented than industries. the statute does assign substantial li- IBP, Inc’s (part of the Tyson Foods family) ability if you get it wrong. what the companies, the chief retailers major retail customers are already notifying So the intent is pretty clear, with re- in the country think, as their lawyers us that we—and our suppliers—must have gard to American beef, that it has to be examine this law. How this law is im- the recordkeeping systems in place this year born, raised, and processed in the plemented is going to depend on the ad- to be able to comply with next year’s man- United States if you want to call it vice the general counsel for Wal-Mart date. Here is what our retail customers want American beef. It does not say exactly and Safeway and Giant give their ex- us to do: what that label should say and is very ecutives as they consider how to imple- 1. Sticker all covered commodities with ment this law. country of origin information that complies unclear and supplies really no guidance with the law and USDA regulations. Provide as to what the label should say if you I have the documents. I have talked enough signage to ensure one sign for each do not want to call it American beef. to people in this position. Given the retail display in every shipment of product The statute prohibits a mandatory vagueness in the law and the potential that cannot bear a label. tracing system in order to determine liability in the law, they are advising 2. Contract to maintain records and a whether a label is correct. It says you their clients to take the most conserv- verifiable audit trail to establish the accu- cannot have a mandatory tracing sys- ative position possible in order to pro- racy of the country of origin information tem, but at the same time it requires tect themselves against the worst case that retailers receive from packers for cov- ered commodities. that there be some kind of verification scenario for liability. They are not 3. Indemnify retailers for any fines or system. It certainly is not clear, I going to take a risk of some big class other costs they incur as a result of the think, to anybody how we can have a action lawsuit against them or some country of origin information that packers mandatory verification system that huge investigation by the Department provide or fail to provide. does not include a mandatory tracing of Agriculture with all the attendant 4. Segregate all covered commodities by system. Now, I am not saying it is im- negative publicity because they have country of origin throughout the production possible; I am saying it is not clear. taken a chance and interpreted this chain until they are delivered to the retailer, and maintain documentation verifying the Again, there are very substantial li- law as requiring less than perhaps it efficacy of the packer’s segregation plan. abilities for people who make the best would require. 5. Audits. Provide retailers with the re- guess they can from the statute and This is why we are hearing back—all sults of an audit conducted by USDA or an- then get it wrong. The statute says the of us who have farm State constitu- other certified independent third party to es- Department of Agriculture can enforce ents, and many who don’t—from people tablish that packers have the systems in it at up to about $10,000, potentially, in the production chain, in the dis- place to ensure the accuracy of the country per violation. It does not say whether tribution chain of food who are saying: of origin information that they provide re- This law is going to require us to do tailers. that is the exclusive means of enforce- In order to meet these customer require- ment. this and this and impose this cost and ments, it will be necessary for you to provide The statute is not clear whether take that measure, not necessarily be- IBP with verifiable information on the place there is some private cause of action, cause of what was originally intended, of birth and every location where livestock whether a class action in State or Fed- but because the confusing aspects of was raised for each animal marketed. IBP,

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.060 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14115 Inc. will require you, as our suppliers, to pro- I will not read the whole letter. But know what they are supposed to do to vide us evidence of your recordkeeping pro- suffice it to say, the major retailers are comply with the law. They are con- gram for gathering and maintaining this in- going to reorganize their inventory and cerned they may have to do all these formation. Only you can document and distribution lines so they can keep sep- things I have talked about. verify the born-in, raised-in components of the law. The documentation costs—as well as arate these different kinds of beef. We can allow it to play itself out, the independent, third-party, verification That is going to generate cost. They kind of like a tragic play that you costs—will also be your responsibility. Spe- are going to require that as much beef watch and just hope for a surprise good cifically, we will require you to: as possible be prepackaged. This is in- ending, and maybe we will get one. 1. Provide third-party verified documenta- teresting. It may result, unfortunately, Maybe all this will sort itself out. tion of where the livestock we purchase from in their laying off some meat cutters We can repeal the law and replace it you were born and raised. and people on the premises of the store with something that is voluntary. I 2. Provide a signed legal affidavit with who have been cutting meat fresh know that is what a lot of people want each load of livestock we purchase from you to do. That is probably what a lot of stating that there is a third-party verified there. They are going to get it pre- audit trail in place that identifies where the packaged because then they have to do people in the House want to do. I am livestock in each load were born and raised. as little as possible at the store. That going to say in candor to the Senate 3. Provide IBP, Inc. access to your records may tend to encourage vertical inte- that my evaluation of the risk here is so that we can perform random producer au- gration in the production chain, which such that I would prefer at this stage, dits as necessary to satisfy our customers, is the opposite of what we want. if the only two choices are no manda- verifying that an accurate audit trail is in They are going to set up an audit sys- tory law or the law we have now with place and that it is being verified by an ac- tem and require packers to have soft- the downside risks we have now, I ceptable third party. ware and other kinds of records that would rather have no mandatory law. 4. Indemnify us for liability we incur that But there is a third alternative. We is a result of producer noncompliance. will network into the retailers systems For those of you raising market cattle or so they can trace back. And with every can fix the law. We don’t have to end hogs you intend to sell to a packer after Sep- piece of meat they have in the counter, it. We can mend it. We can go in and in tember 30, 2004, you should begin your docu- they are going to want to be able to the same good faith in which this law mentation on all calves immediately and on trace that back to a particular cow so was passed and the same good faith in all hogs no later than November 2003. they can protect themselves in the which Senators have spoken on the Many in the retail, meat and producer event they are audited. floor today, and look at the areas that communities are concerned about the costs, Then, of course, this will domino have given rise to uncertainty within benefits, legal and logistical challenges the retailing community and the whole posed by this new law. As a result, there is down the line of production. The pack- a united industry effort to either repeal ers are going to have to have this soft- rest of the chain of production of this mandatory country of origin labeling for ware. They are going to reorganize food, all the way down to the producers meat altogether or to convert it to a perma- some of their warehousing and inven- we are trying to help, and we can say: nent, voluntary program. Either way, we tory facilities. The auction barns and We can make our intention clear; we need the producer community’s help. If you feedlots are going to have to have soft- can give you the level of certainty you share these concerns, we urge you to contact ware which is compliant with this need to be able to implement this law your Senators or Member of Congress, as whole system. I visited auction barns, and comply with this law in the man- well as your trade associations, and express ner that we all are saying now we your opinion. and they showed me how they are Furthermore, we urge you to share your going to have to change where the cows originally intended. thoughts with your fellow producers and are. They are going to tell the pro- The law we passed in the farm bill USDA by attending one of the USDA ‘‘listen- ducers that they are going to have to doesn’t have to be our final statement ing sessions’’ on this issue, expected to occur be able to be compliant and network on the matter. We don’t have to be get- this coming spring. USDA is charged with into their systems of verification and ting into these kinds of arguments. writing the regulations for the final, manda- tracing when they bring cows to the That is a third alternative in which I tory country of origin labeling law, and they auction barns to sell. would be very happy to participate. need to hear from all affected parties. If you I don’t think we intended any of this. I will say, I don’t intend to support share our concerns, we hope you will attend this sense-of-the-Senate resolution— any meeting in your area and speak out. As I read the statute, I can’t even We will attempt to contact you within the stand here and tell you that the stat- not because I don’t understand the next few months to learn about your pro- ute suggests that is absolutely the in- frustration that has led up to it; not posed recordkeeping plans. In the meantime, tention. But that is a possible, plau- because I necessarily disagree with if you have questions, please feel free to con- sible interpretation of it. Even if the what I have heard on the Senate floor tact one of us and we will try to help you. If regulation said something entirely dif- about the motives that may have been we are not available, you may ask for Bob ferent, I don’t think it would make any working in the House; not because I am Hansen in Hog Procurement, John Gerber in difference. against, personally, a mandatory coun- Cattle Procurement or John DeWitt in Cat- The statute is what imposes the li- try-of-origin labeling law; not because, tle Procurement. Sincerely, ability. The statute is supreme over as the Senator from Nevada said, I am BRUCE BASS, the regulation. And the lawyers for against what he was saying about con- Senior Vice President, these various retailers who are inter- sumers knowing where their food Cattle Procurement. preting this are going to look first and comes from. Maybe there is a good GARY MACHAN, foremost at the statute. They are going niche market available. Maybe if we Vice President, Hog to act in a manner that protects their can do this in a way that works, con- Procurement. clients from the downside risk of sub- sumers will look at this and they will Mr. TALENT. This is from IBP. They stantial liability that arises because of want to buy that American beef and it are packers. They are reporting what certain unintended but, I think, never- will help our producers. That would be their major retail customers are noti- theless very real vagaries and vague- great. fying them that they have to do. Here ness in the law. But it does seem to me now that no- is what the retail customers want us to What are we left with? We can allow body is really satisfied with these regu- do. I quote: this process to play itself out, basically lations. Some people believe the regu- Stick all covered commodities with coun- not do anything as the effective date of lations are an accurate reflection of try of origin information that complies with the act approaches, which is October of the law, and they are not satisfied with the law and USDA regulations. Provide next year. It is already having an im- the law. But they don’t like the fact enough signage to ensure one sign for each pact because people are raising cattle that the regulations are the way they retail display in every shipment of product right now that they are going to sell are. that cannot bear a label. after October of next year and that Then there are people who think the Contract to maintain records and a verifiable audit trail to establish the accu- they are going to have to be able to regulations are not an accurate reflec- racy of the country of origin information trace back. That is the reason we are tion of the law, and they don’t like the that retailers receive from packers for cov- beginning to hear the lead edges of the regulations the way they are. So it ered commodities. concerns about this because they don’t does seem to me that maybe the House

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.022 S06PT1 S14116 CONGRESSIONAL RECORD — SENATE November 6, 2003 has done the right thing—albeit, per- ducer organizations come; and I think want from them, and they are going to haps, for the wrong reason—in saying: their sense is that the thing that we have to bear the cost. Let’s not implement the regulations. are basically intending—as the Senator Mr. DURBIN. I thank the Senator. I will say, if the House feels that not is saying, let consumers know where Mr. TALENT. I yield the floor. implementing the regulations means the beef comes from—is something we The PRESIDING OFFICER (Mr. AL- the law isn’t going to go into effect, probably could handle at an affordable EXANDER). The Senator from South Da- they need to consult some different level. kota is recognized. lawyers. That law reads that the effec- But there is enough uncertainty in Mr. JOHNSON. Mr. President, I am a tive date is in October of next year. this, which they are not willing to risk, bit confounded. I have to admit that Whether there are regulations or not, and the Senator can understand that some of the great concerns expressed that liability is going into effect then. they don’t want to face—or be the ones about country-of-origin labeling for If we have a level of discomfort, as I do at risk of facing a huge liability if they meat are being raised at a time when at this stage, with how the statute get it wrong. So it is reasonable to be- USDA has not yet issued a final state- reads, we better do something about it lieve that the potential cost of this is ment about what the regulations are in time so the people we are trying to very substantial. I can say that to the even going to be. help will enjoy the benefits of the law Senator. I cannot say it is $2 billion or The USDA has considerable discre- we passed 2 years ago. half a billion. I just cannot tell the tion, based on the legislation that Mr. President, it has been an experi- Senator that. passed this body and is now part of the ence for me to investigate and oversee Mr. DURBIN. I would like to raise farm bill. So a lot of this frenzy going this implementation. At this point I another issue. Really, I didn’t think on is about final regulations that are will say I stand ready to work with about it until August. I heard from two not yet in place. anybody on either side in trying to different grocery chains—one based in Let me add that we are soon going to make certain we get a result that is at Chicago and one in St. Louis—about see Senator DASCHLE offer an amend- least acceptable and, I hope, is good for this legislation, and it goes as follows: ment, a sense-of-the-Senate amend- our producers. In my discussions with If you establish a burden on a grocery ment, relative to country-of-origin la- Senators, I have come to have a great store or a chain to follow these regula- beling that the Senate conferees deal of respect for their sincerity and tions, it necessarily involves man- sought to stay with the Senate ap- passion on this issue. I don’t see, given power. People will have to keep records proach and reject the House approach that, why we cannot come up with and label products, and all of that is to delay implementation. That effort something that will work better for ev- part of it. on the part of Senator DASCHLE, joined erybody than what we have now. How much? As the Senator said, and by our Republican colleague, Senator With that, I will yield. I agree, I cannot quantify it. I don’t ENZI of Wyoming, and myself, is sup- Mr. DURBIN. Will the Senator yield know how much that is. The point ported by some 135 agricultural organi- for a question? made to me is that the Wal-Marts of zations, as Senator REID has noted, in- Mr. TALENT. Yes. the world, which pay rock-bottom cluding, I say to my friend and col- Mr. DURBIN. In fairness, I have sup- wages, with no health benefits, will be league from Missouri, Missouri Farm- ported this policy. When I return home able to come up with the manpower at ers Union, Missouri National Farmers and meet with people in grocery store a much lower cost than some of the Organization, Missouri Rural Crisis chains that serve his State and mine, major grocery store chains, some of Center, and the Missouri Stockgrowers they have raised some legitimate ques- which are union-organized, that pay a Association, not to mention the Amer- tions, as far as I am concerned, about living wage and health benefits. They ican Farm Bureau Federation and the how much is required. It seems to me say to us, you are once again giving a National Farmers Union. to be not a great burden to ask them to competitive advantage to the Wal- So from the left to the right, across put some notice, for example, that the Marts of the world that pay these low the entire spectrum of agricultural and bananas are from Costa Rica or from wages, with no benefits, to the dis- rural organizations, there is over- some other country. Most of their con- advantage of grocery store companies whelming support transcending party- cerns seem to be directed toward meat who are trying to be good neighbors line differences in support of this and whether or not they can legiti- and good corporate citizens and provide amendment that is going to be offered mately trace the meat, and through all decent wages and benefits. by Senator DASCHLE. the requirements of the legislation and Has the Senator heard this observa- The amendment directs the Senate how much time is involved. I come to tion? conferees to insist that the final Agri- this issue realizing that whenever regu- Mr. TALENT. I have. I have heard a culture appropriations bill should not lation is proposed, it is usually the number of things from retailers. One restrict or delay the implementation of first defense of the opponents to say it chain told me they are probably going country-of-origin labeling for meat. is going to cost 10 times as much as to have to end up laying off many Mr. President, there are interests in you would imagine to implement it. meatcutters because more of it will be this country that have convinced the I ask the Senator from Missouri—and prepackaged. I mentioned that in my House to include language in its this is an honest question, and I have remarks. I have retailers telling me version of this year’s Agriculture ap- no predisposition on his position on they are going to advertise less for propriations bill to interfere with the this issue—can he say, as he is stand- beef. USDA rulemaking process by delaying ing there in opposition to this, that the One fellow said: I don’t want a lot of for up to 1 full year implementation of cost estimates coming out are reason- beef if I have this potential liability. I country-of-origin labeling for meat and able, in light of what is being asked of will simply advertise more for chicken. meat products only. The law in the these grocery chains? It will hurt the smaller stores in the current farm bill provides for country- Mr. TALENT. I appreciate the Sen- more rural areas, and the bigger union- of-origin labeling for fruit, vegetables, ator’s question. I am happy to answer ized stores to some extent. In fairness and for meat. But it is only meat that him in complete candor. I have not had to the Senators who supported this, has been singled out for this delay, the capacity in my subcommittee and and in good faith still support it, I keeping in mind, of course, that the in my office to be able to quantify want to say a lot depends on how ex- farm bill already provided for 2 years of what the costs are. I do know that ac- actly these companies interpret the delay in the implementation of a man- tors in the chain of production, who I law and what risk level they are will- datory program as it is. don’t think have a big ax to grind—I ing to go to. This interruption is simply not justi- am not talking about the packers My concern as a lawyer—and I think fied, and it serves to placate only those here—have told me they are very con- the Senator would probably agree—is special interests who profit from the cerned with what they are going to that their general counselors are going status quo by, frankly, camouflaging have to do to comply with this. It is to say: We are not going to take a foreign meat products. chiefly the retailers, but not just them; chance. Tell everybody all up and down I understand there are certain inter- also auction barns, and I have had pro- the production chain, this is what we ests that have foreign meat that comes

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.064 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14117 into the country, and this is not a these younger cattle to come into the origin of beef exports to Japan and our trade barrier. We are suggesting there country from Canada, while at the other important trade partners is to be no trade barrier. If people want to same time our Japanese friends are implement country-of-origin labeling. eat Argentine beef or Mexican meat, telling us that BSE is, indeed, possible A delay of country-of-origin labeling they are certainly entitled to make in these younger livestock. seriously jeopardizes our most impor- that choice, but it ought to be a know- If we are going to preserve confidence tant exports of beef, which will cer- ing choice. That is all we are sug- in the high quality product United tainly lead to economic injury to gesting, that people get to know the States livestock producers have avail- America’s cattle men and women. origin of their shoes, shirts, and auto able, have created for the American We face a simultaneous problem: parts. consumer, then consumers need to be One, that our own consumers are being Why should the United States be able to make a knowing choice. You denied the information they need to among the last of the industrialized de- can argue for them, these are decisions have confidence, to make knowing mocracies in the world to allow our other people can make for you, that choices about the meat they serve consumers to know the origin of the you ought to simply take on blind faith their families and, at the same time, meat products they feed their families? the food inspection and safety of the we are putting in great jeopardy the It is a very simple question. It would meat that is served in America, that is export market. strike most people as common sense sold in America. Why shouldn’t the Japan is the largest buyer of Amer- that in this day and age, people ought United States be among the few indus- ican beef in the world, and they are to have the opportunity to know the trialized democracies in the world that saying: Look, we don’t want to buy origin of the products they are buying, says: No, we will not allow you to your beef if you can’t certify to us this especially products they are feeding make that choice; this is information is, in fact, American beef you are sell- their families. you don’t need, and we’ll decide for you ing us, We can’t do that right now be- The farm bill already included a very that you don’t need this information? cause we don’t have a country-of-origin lengthy 2-year implementation process Last week, USDA announced a plan system in place. So we find ourselves for country-of-origin labeling, and to open the U.S. border to imports of not only doing a disservice to Amer- USDA is now just half way through the Canadian live cattle, a plan that could ican consumers and American families, rulemaking procedure. To prematurely be implemented in the first quarter of but we also are setting ourselves up in disconnect country-of-origin labeling the 2004 calendar year. I am dis- a circumstance where we can take a for meat from this process is unfair and appointed USDA appears more serious catastrophic hit to our export markets will harm U.S. livestock producers and to opening our border to Canadian cat- at the same time. American consumers alike who stand tle than they are to implementing Eighty-four percent of our major to benefit from a country-of-origin la- country-of-origin labeling. If they open trade partners already have country-of- beling program. floodgates to nearly 1 million head of origin labeling for food products, in- We need to allow USDA to continue Canadian cattle early in 2004, and if cluding meat—84 percent. That means with the process of allowing the public, Congress simultaneously postpones the 48 of our 57 major trade partners al- both those opposed and those sup- implementation of country-of-origin ready have country-of-origin labeling. portive of country-of-origin labeling, labeling for meat, the American con- Clearly this is not rocket science. It to interact with USDA in their respon- sumers will have no way to determine does not have to be costly. In fact, in sibility to implement this law for the whether they are buying Canadian or the United States, we already have fall of 2004. U.S. beef. country-of-origin labeling in some There has been submitted for the Again, if their choice is to buy Cana- niche areas. It is required that meat RECORD a letter signed by 135 farm, dian beef, they certainly have the legal that goes into the School Lunch Pro- ranch, and consumer organizations right to do so, but they ought to have gram be American meat. It is self-cer- supportive of our bipartisan sense-of- an opportunity to know. They ought to tified. It seems to work. We have a the-Senate resolution. have an opportunity to make that Black Angus Program, and we have Mr. President, these organizations choice, and it ought to be a knowing other programs that already work. represent more than 50 million Ameri- choice. That is what makes the market They are not costly. It is not that ex- cans. Additionally, the most important forces in America work so well; the pensive. and influential farm and consumer sales are transparent. People get to This notion that somehow country- groups in the Nation support country- know the quality and origins and the of-origin labeling has to be some im- of-origin labeling, including the Na- value of the products they buy, and mensely expensive and complicated tional Farm Bureau, the National they let the best product win. process is foolishness. If all we did was Farmers Union, and the Consumer Fed- To camouflage origins of meat is con- keep track of the meat that comes into eration of America. I think it can be trary to those free market decision- the United States, that alone would be fairly said this is as much, even more making processes. It is no secret, coun- enough to be able to certify everything so, a consumer issue as it is a livestock try-of-origin delay, matched with the else is American without requiring producer issue. deluge of Canadian cattle imports, anything in particular of American It is now the job of the Senate to recklessly places consumer confidence livestock producers. stand up for the majority of U.S. citi- at risk and could lead to serious eco- Well, the packers and retailers would zens and fix what special interests have nomic harm for United States cattle like us to think that country-of-origin convinced the House to do. A delay in ranchers. labeling is some enormously expensive implementation of country-of-origin Furthermore, postponing implemen- and burdensome program, and they labeling for meat is a seriously mis- tation of country-of-origin labeling for have been working very hard at trying guided effort because country-of-origin meat neglects demands of our most im- to frighten both producers and con- labeling is the only method we have portant and valuable export markets. sumers to think just that. There have now to differentiate and identify meat Japan and South Korea have written to been letters that have gone out and that comes from our country as op- the Department of Agriculture seeking there has been a lot of scare talk that posed to meat that comes from other our assurances to provide country-of- has been going on, and there is no countries; for instance, meat that may origin labeling for all U.S. beef exports doubt they enjoy taking the profits of come from a BSE-infected, mad-cow-in- to those countries because those coun- mingling foreign meat with U.S. meat, fected country. We don’t claim coun- tries do not want Canadian beef to be selling it all off as a premium product, try-of-origin labeling is, per se, a food commingled with our exports. without allowing consumers to make a safety issue, but it certainly is a con- The same day USDA announced their knowing choice. I appreciate there are sumer confidence issue at a time when plan to allow Canadian cattle into the those from certain parts of the United meat may very soon be coming into the U.S., it was reiterated by Japan that States who enjoy the benefit of bring- United States from Canada, a country the U.S. ought to guarantee no beef ing in Mexican feeder calves, fattening where BSE was recently identified. from Canadian-born cattle is exported them and then selling them as an Now USDA is talking about allowing to Japan. The only method to certify American product. They are able to

VerDate jul 14 2003 01:23 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.068 S06PT1 S14118 CONGRESSIONAL RECORD — SENATE November 6, 2003 profit at a higher level than they would President, is part of the farm bill, is in Senator from South Dakota has now otherwise by not allowing American the midst of the rulemaking process offered an amendment. My expectation consumers to know what in fact it is now, be allowed to go forward. Allow would be the Senator from Wyoming they are buying. USDA to take the comments from the will speak next, but might I receive We are not suggesting one cannot public, allow USDA to evaluate all of consent to be recognized following the bring in feeder calves from anywhere that, perhaps make still further presentation from the Senator from one wants, one cannot bring in meat changes on their way to a final regula- Wyoming. from anywhere one wants. We are sug- tion, and then we will see where we The PRESIDING OFFICER. Is there gesting consumers ought to know the are. objection? difference. To stop the process midway through Mr. BENNETT. Mr. President, I have Nearly a year ago, USDA said coun- the regulation listening process cannot no objection. try-of-origin labeling would cost $2 bil- possibly serve the American public, the The PRESIDING OFFICER. Without lion. Then Senator DASCHLE and I American consumers, the American ag- objection, it is so ordered. asked the Government Accounting Of- ricultural economy well. The Democratic leader. fice, the GAO, to assess whether Again, I thank Senator DASCHLE for Mr. DASCHLE. Mr. President, I want USDA’s cost was accurate. GAO said his extraordinary leadership on this to begin by complimenting the distin- the Department of Agriculture’s initial issue, and what he is trying to do to guished Senator from South Dakota for recordkeeping cost was ‘‘questionable bring some sense to our deliberations his remarkable statement. I am not and not well supported.’’ on this Agriculture appropriations bill sure anything is left to be said. I think Now USDA has reduced their record- and to send some direction to the con- he covered it so well and so eloquently. keeping cost estimate by $1.5 billion of ferees to not prematurely pull the plug He, as I think all of our colleagues that $2 billion. Furthermore, country- on the rulemaking process USDA is in recall, is the true author, the founder, of-origin labeling is not going to result the midst of now. the initiator of this issue during our in a mountain of red tape as some of I urge my colleagues to be supportive deliberation on the farm bill itself. It the critics suggest. In fact, USDA’s of this sense-of-the-Senate amendment is with great wisdom he spoke today proposed rule states most livestock Senator DASCHLE is shortly going to and I think with great persuasion. We producers already maintain the types formally introduce. ought to listen to the Senator from of records—birth, health, and so on— I yield the floor. South Dakota. Again, I thank him for that would be relied upon to verify the AMENDMENT NO. 2078 all he has done to get us to this point origin of animals under country-of-ori- Mr. DASCHLE. Mr. President, I have and the efforts he has made to ensure gin labeling. People simply need to do an amendment at the desk and I ask we understand the consequences of our what they are already doing. for its immediate consideration. actions today. Even if individuals have questions or The PRESIDING OFFICER. Without Let me also thank the distinguished concerns about country-of-origin label- objection, the pending amendment is Senator from Wyoming, Mr. ENZI, for ing, the best way to ensure those ques- set aside. all of his work and help in making this tions and concerns are addressed is to The clerk will report. amendment a bipartisan effort, to en- allow USDA to continue forward with The assistant legislative clerk read sure that we, as colleagues interested its very lengthy rulemaking process. It as follows: in agriculture, a strong economy, and is through this process only that all The Senator from South Dakota [Mr. rural America, do the right thing with parties can submit questions and de- DASCHLE], for himself, Mr. ENZI, Mr. THOMAS, regard to this particular question in- velop alternatives to ensure implemen- Mr. JOHNSON, Mr. HARKIN, Mr. GRASSLEY, Mr. volving better information and better tation of country-of-origin labeling BURNS, Mr. BINGAMAN, Mr. BAUCUS, Mr. DOR- choice for all consumers and an effort does not lead to red tape and over- GAN, Mr. CONRAD, and Mr. KERRY proposes an to help producers as well. whelming costs. We can move away amendment numbered 2078. There are others also who have from some of the scare talk and from Mr. DASCHLE. Mr. President, I ask played a very significant role; my col- some of the reckless rhetoric and in unanimous consent that the reading of league from North Dakota, Senator fact allow USDA to evaluate whatever the amendment be dispensed with. DORGAN; Senator GRASSLEY, who gave issues are raised in a thoughtful, delib- The PRESIDING OFFICER. Without a passionate speech earlier today on erative fashion, as they have the oppor- objection, it is so ordered. this amendment, Senator BURNS, Sen- tunity currently to do. The amendment is as follows: ator BINGAMAN, Senator BAUCUS, Sen- Every stakeholder group has 60 days (Purpose: Expressing the sense of the Senate ator CONRAD, Senator HARKIN, Senator to submit written comments to USDA regarding country of origin labeling re- THOMAS; a number of Senators have ex- with respect to their proposed rule to quirements) pressed themselves and have been the implement country-of-origin labeling. On page 79, between lines 7 and 8, insert: driving force from the very beginning Then USDA will incorporate those SEC. ll. SENSE OF SENATE REGARDING COUN- as we have urged careful thought about comments into the final rule, which is TRY OF ORIGIN LABELING REQUIRE- how the Congress ought to proceed MENTS. with regard to this question. not even going to be written until well It is the sense of the Senate that the con- into the year 2004. ferees on the part of the Senate on this bill The Senator from South Dakota USDA’s proposed rule is far from per- shall insist that no limits on the use of funds made several important points, but if fect—I would be the first to say that— to enforce country of origin labeling require- there is one that is most important it but compared to what it looked like ments for meat or meat products be included is simply we are now in a very delicate, nearly a year ago, USDA has been in the conference report accompanying the deliberate rulemaking stage. What our making improvements and has been bill. colleagues in the House have chosen to making progress. With balanced public Mr. DORGAN. Mr. President, will the do is to say, we want that stage to end; input and assurance that the imple- Senator yield for a unanimous consent we want to terminate rulemaking be- mentation process will not be inter- request? fore we even see what the rule is; we rupted, maybe then those with ques- Mr. DASCHLE. I would be happy to want to make a decision about the de- tions and concerns can work with yield. cision prior to the time the decision USDA in the coming year to help make Mr. DORGAN. Mr. President, I ask has even been made. the law and address the concerns they unanimous consent if I might find my For us through legislation to inter- raise. way into the order so I might also offer ject our own voice, without allowing I commend Senator DASCHLE, Sen- an amendment. I see the Senator from the Department of Agriculture to re- ator ENZI, and others in a bipartisan Wyoming, who I expect is wanting to spond, as they are required to do in the spirit, who have offered support for speak, and because we will probably go farm bill itself, passed last year, I this amendment. I encourage my col- back and forth, I wonder if I might get think is terrible policy but also pre- leagues to support it. All this simply unanimous consent to be recognized mature. does is to say a law which is already following the presentation from the What we said in the farm bill, and law, which has been signed by the Senator from Wyoming. I know the what my colleague from South Dakota

VerDate jul 14 2003 03:25 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.071 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14119 said so well this afternoon, is we ought yond what special interest concerns I believe that is the right course of to bring agriculture, consumer protec- there are. We ought to have a right to action. That is what this amendment tion, and information into the modern know. When there is mad cow disease, says. It simply says, with a bipartisan era. As he noted, 48 other countries, 84 as we have seen in Canada, if we are voice, that we believe we are on the percent of our trading partners, al- going to import meat from Canada, we right track. We believe producers ready do that. They have already rec- ought to know those circumstances would benefit if consumers knew they ognized the importance of good con- exist. And before we buy, if we have a could buy products made, produced, sumer information. choice between American beef and im- and marketed in this country. That is I find it ironic we can tell people ported beef, whether it is Canada or what the amendment says, and I urge where bananas come from, where let- Mexico or anyplace else, consumers its adoption. tuce comes from, where our clothing ought to know. Consumers ought to I yield the floor. comes from, where just about every- have the right to make that choice for The PRESIDING OFFICER. The Sen- thing else comes from, but we have themselves. ator from Wyoming. those who say it is impossible for us to I believe this may be one of the sin- Mr. ENZI. Mr. President, I rise to tell people from where our meat comes. gle most important consumer bills that join the chorus of support for this When it comes to meat, we can tell our Congress is going to take up in this amendment and to thank Senator people whether it is choice or whether session of this Congress. We are told by DASCHLE for all his efforts on its be- it is prime, but we just cannot tell peo- the packers especially that this is too half. Since I got to the Senate, Senator ple from where it is imported. I do not expensive, that we simply can’t afford DASCHLE and I have been working on think anybody can accept that logic. to implement the plan. Estimates rose something I call the packer concentra- If we can decide the difference be- as high as $2 billion. In fact, even tion. It is big business in this country tween choice and prime, we can decide USDA expressed real concern about the that takes on the small producers of the difference between Mexico and the cost, advocating a review of the costs. this country and beats them to a pulp. United States. That is all we are talk- We did just that. We asked the Gen- When I first got here, I was a little ing about, a recognition that con- eral Accounting Office, as my col- leery about whether that happened. I sumers have just as much right to league from South Dakota said, to look am now firmly convinced and know it know where their meat comes from as at the facts. Forget all the assertions; happens because of the way the lobby- they have a right to know how good forget all the hyperbole. Let’s really ists come in and grind on any of these the quality. When we passed the legis- look at what the cost will be. They did bills we pass. lation, frankly on a overwhelming bi- that. They reported back not long ago We did pass in the Senate country-of- partisan basis, we said yes; we said the and they said the cost is not $2 billion; origin labeling. It is part of the law consumers ought to have that right. it isn’t even half of the $2 billion that right now. The USDA is supposed to be That is what we are trying to do was originally alleged to be the cost of working toward putting that into today: First, to allow the rulemaking the implementation of this rule. In fact place. But the packer concentration process to go forward. But, second, to they said the cost in the first year has worked on their friends in the come down to a pretty fundamental would be less than $600 million—about USDA and said we have to make this so question. It is pretty fundamental. $582 million. I believe the USDA cost tough that nobody will want to do it. It Should consumers have the right to estimates are still too high because will run up the costs so much that no- know? I believe the answer to that they don’t take into account the ex- body will want to pay for it. That is question is yes. I believe it is in keep- traordinary economic benefits that kind of the status we were in for a ing with a long tradition of legislation could be derived with this information. while. passed in this body, in both Republican Studies have shown that if we have We have been making a little and Democratic majorities. this kind of information the actual progress on it as it got closer to having I recall 13 years ago, so vividly, Con- sales of U.S. meat could increase any- a rule published. Now we have the gress passing legislation back then where from 1 percent to 5 percent, and chance to send the instructions, it is a that we were told was impossible to en- that isn’t taking into account bringing sense of the Senate, to send the in- force, impossible to administer. It was down the per-product cost. So, clearly, structions to the conference committee legislation that required nutrition la- it is a fraction of the cost that was to say that what we did before ought to beling. Howard Metzenbaum, that Sen- originally attributed to this rule. move on. We are not changing the law. ator from Ohio who was a passionate The second problem we have with re- We are suggesting that it ought to con- advocate for consumers in so many gard to the rule and the effort to tinue so we can get a clearer definition ways, was the author of that legisla- thwart the rule is the packers are sim- of what is really happening so we can tion. I can recall at the time opponents ply requiring too much paperwork and make sure that country-of-origin label- of his bill said: We are going to see recordkeeping from the rule itself. We ing happens for our producers and our costs soar just as soon as this legisla- have to fix that. We have to ensure consumers and to make sure it does tion is implemented; it is impractical that we make this a practical applica- not run up high costs. to talk about how many calories, or tion. I believe we can do that as well. At present, the Senate bill on appro- what the nutrition balance is going to I believe we can create the kind of op- priations is silent on country-of-origin be, with every single product in the portunity for practical application of labeling, effectively allowing it to be market. But Congress passed it anyway common sense just as we have shown in implemented as the law intended by and, in fact, now the labeling law has so many other instances—as we have September 2004. become what is widely described as the shown with meat labeling, as we have The position of the House on this most successful consumer information shown with grading, as we have shown issue is much different, however. The tool in all of history and now we con- with consumer information provided House has stripped funding for the im- sider it almost daily as a matter of routinely now throughout the market- plementation of country-of-origin la- course as we look at the labels when we place. beling for meat and meat products in buy the products, the packages. I believe what we ought to do, in their version of this legislation. The There are those, in packing in par- short, is give USDA the authority and action of the House cannot go unchal- ticular, who have attempted to say for the opportunity to work their will, to lenged by the Senate, which is why a lot of reasons that this legislation do what we hired them to do, to give us Senators DASCHLE and THOMAS and could carry that same ominous effect the rule, to allow us to analyze it. If we JOHNSON and I are introducing this on the market once more. Four have problems at some point down the amendment today. meatpackers control 80 percent of the road, we can change it. We can ask the I have discussed this matter with my meat market. They operate multibil- administration to work with us to colleagues and it has become clear that lion-dollar empires. We know how pow- come up with something better. But at there is need for education regarding erful they are and we know when they least let’s give them that opportunity country-of-origin labeling. Many of speak there are a lot of people who lis- to produce what they are required to them were not here for the farm bill ten. But I believe we ought to go be- produce under law. debate. For those who were, the issue

VerDate jul 14 2003 03:25 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.073 S06PT1 S14120 CONGRESSIONAL RECORD — SENATE November 6, 2003 of country-of-origin labeling may not opens. If country-of-origin labeling is stock producers, they do not even be familiar because it was not debated implemented, consumers will know if produce a product that is covered by on the Senate floor. Country-of-origin packers have chosen to pass up U.S. the law. labeling was included in the bill by way beef for Canadian beef. Muscle cuts and ground meat prod- of an Agriculture Committee vote, and Opponents refuse to recognize the ucts are covered but live animals are the final details of the law were worked benefits country-of-origin labeling has not. In addition, regulations should be out during a conference with the for both producers and consumers. simple for the retailer because they are House. That is how we have reached our cur- the only recipient of information from Country of origin labeling is relevant rent position and seen funding for the the supplier. They don’t produce the for agricultural producers and con- implementation of country-of-origin information. sumers alike. In fact, the country of labeling stripped from the House bill. The proposed rule addresses some of origin labeling law is based on the Con- Those who perpetrated this action in the liability concerns raised by retail- sumer Right-to-Know Act of 2001, the House claim that they need more ers by clarifying that retailers will not which I cosponsored. The law requires time to consider the ramifications of be liable for the accuracy of informa- the U.S. Department of Agriculture to country-of-origin labeling. Time is one tion provided to them by suppliers. put in place a system for U.S. retailers thing that the debate surrounding That is where they get their meat. In to inform their customers when they country-of-origin labeling has had. addition, rather than requiring stores buy beef, lamb, pork or other perish- This issue was debated in the years be- to maintain the records they used to able agricultural commodities as to fore its inclusion in the farm bill. establish country of origin for 2 years, what country that product originated. Since the law was passed, 2 years were local grocery stores only have to main- Food labeling can help increase con- granted for rulemaking to ensure its tain those records for 7 days after the sumer confidence by assuring con- thorough implementation. During that product’s sale. There are still areas of sumers they are making informed and time, opponents of country-of-origin concern that need to be addressed, but knowledgeable decisions about the labeling have waged a campaign to the 60 day comment period before the products they buy. Consumers should frighten and bully those who stand to final rule gives everyone an oppor- know if the meat they are bringing benefit from its proper implementa- tunity to improve it. That is what we home to feed their families has been tion. Livestock producers have been ought to be doing. produced here, or if it was imported told that they will be saddled with tre- The USDA included a cost benefit from a country that may have fewer mendous burdens that aren’t even man- analysis in the proposed rule. Within environmental, health and safety regu- dated by the law. that analysis is a breakdown their ex- lations on livestock production. The The move to strip funding in the pected impacts to specific portions of Consumer Federation of America and House bill did not arise as a noble ges- the production chain. I was encouraged the National Consumers League advo- ture to protect producers by giving to see that the relative impact for pro- cate country of origin labeling and more time and thought to implementa- ducers was minimal. Even the USDA demonstrate consumer support for the tion, it is a covert attempt to gut and acknowledged that the cost for pro- program. rescind country of origin labeling. Re- ducers will be modest and primarily for Producers support country of origin moving funding for implementation did recordkeeping. The USDA estimates labeling too. On October 9, 132 producer not improve the process, it stopped the that the cost per producer will be be- and consumer groups from across the process cold. For those who have gen- tween $180 and $443. Unfortunately, the nation sent a letter to Senators indi- uine concerns regarding the implemen- information is meaningless because it cating their support for country of ori- tation of country of origin labeling, the is based on an average per producer. gin labeling funding and my amend- answer is not to put off implementing Producers range largely in the size of ment. The letter was signed by groups the law, but to implement it properly. their operations. The information that such as the National Farmers Union, Our conferees should not accept the will assist producers understand the the American Farm Bureau Federa- House position. Instead, we should con- potential impact of the rule is the cost tion, the National Association of Coun- tinue to fund the program. As we con- per product, or per head in my State. It ties, and the Wyoming Stockgrowers tinue to receive genuine concerns, we is clear that the cost would be lower Association. They know that country should fund implementation and allow than $180 for someone with only a few of origin labeling will be a shot in the those concerns to be brought to the head of cattle. The USDA did indicate arm for agricultural producers because USDA where they will be addressed. We that the rule should not have a dis- it will add value to American-grown have a process for stopping the whole proportionate or larger impact on food. thing if it is not addressed. This is the smaller producers. In the case of meat, the law intends legitimate way to solve problems, as I was pleased to see that the USDA for retailers to designate a product as opposed to avoiding them. In fact, this had shifted down from their original $2 having a U.S. country of origin only if approach has already been successful. billion estimate for record keeping the meat is from an animal that was On Monday, the USDA released their costs to $582 million. Although still born, raised and slaughtered in the proposed rule for the mandatory coun- high, this shift agrees with what I have United States. For beef alone, a recent try-of-origin label program. The proc- been saying all along. The USDA’s study by the University of Florida indi- ess is working. The rule is not what it original cost estimate for record keep- cated that a consumer’s willingness to should be. It is time for people of this ing was inflated and unsupported. The pay additional money for labeled beef country to comment on that rule. I am outrageous cost was based on an as- is estimated to be worth $3.5 billion. sure you will hear comments about sumption that the an hour of record- That is $3.5 billion of additional how difficult the rule is. But that is keeping for the producer was worth $25. sales. Right now a lot of people think why we have a rulemaking process—so My producers would love to have that that a USDA stamp means the beef was people can give their input. Then we cost for their recordkeeping time. It grown in the United States—not true. can see if the Department of Agri- also assumed that an hour spent by re- Opponents claim that today’s beef culture follows that input. If they tailers on recordkeeping was worth $50. prices are higher than they have been don’t, we, in oversight, can stop the Again, retailers would like to get $50 in recent memory. True. They claim process. We shouldn’t stop the process on that. I am sure that some ranchers the country-of-origin labeling is unnec- before it gets started. The process is and grocery store owners in Wyoming essary. Wrong. I hate to break it to working. would love to be paid what the USDA them, but prices are high because the Since coming out with the voluntary thought 1 hour of recordkeeping was Canadian border is closed. Packers rule, the USDA has responded to the worth. In their proposed rule, the have been forced to rely more heavily concerns of industry and produced a USDA admits that these are unsup- on U.S. products. Without country-of- better product than they were talking ported numbers and significantly origin labeling, the packers will switch about originally. It is important to scaled down the total recordkeeping to the flood of Canadian beef that will keep the regulations simple for pro- costs. I think they will be scaled down pass through our border as soon as it ducers and retailers. In the case of live- considerably.

VerDate jul 14 2003 03:25 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.076 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14121 However, the USDA indicates that help me do that by passing this amend- they found. U.S. inspectors paid a rare the total cost for implementation ment. visit, we are told, to the plant in May could range from $582 million to $3.9 I yield the floor. 1999 and were greeted by filth and flies. billion. I am concerned with the $3.3 The PRESIDING OFFICER (Mr. They cut off trade at once—or at least billion gap in these numbers. I think CRAPO). The Senator from North Da- they thought they did. that takes away from the credibility. kota. From the U.S. Department of Agri- This is a proposed rule and the ulti- Mr. DORGAN. Mr. President, my col- culture: mate cost will depend entirely on its league from South Dakota, Mr. Shanks and briskets [were] contaminated implementation. If the USDA takes DASCHLE, has proposed his amendment. with feces .... In the refrigerator .... A comments of industry and producer I would like to speak in support of that disease-condemned carcass was observed into account, the implementation costs amendment. Other colleagues have al- ready for boning and distribution in com- will be on the lower end of the esti- ready spoken. This is an important merce. mate, or lower than the estimate, just amendment to consider. Even before the inspectors left Mex- like the case of the recordkeeping Let me talk about the issue. We call ico, Mexican officials were at work to costs. it, this debate in the Congress, coun- restore this plant’s right to sell meat Finally, the USDA reports a poten- try-of-origin labeling: COOL. That does to Americans. Over the following tial for staggering costs but fails to not mean anything to anybody. The months, this plant regained its export recognize the benefits and potential for question with this amendment and this license, switched owners, changed increased sales in their analysis. As I issue is, Should the American people be names, and yet the USDA has never re- said earlier, a study has indicated that able to determine where the meat they turned. labeling beef as to its country of origin are purchasing at the meat counter So an American consumer buying will increase consumer eagerness to comes from? Should they be able to meat from this plant, can they know pay for a product they prefer by a total know where this product comes from? it? Will they know it? Will they have of as much as $3.5 billion. The USDA We have a roomful of people wearing information that tells them this is did not accept this and other studies on neckties in this Chamber. If anyone where the meat comes from? The an- the benefits of country-of-origin label- looks at their necktie, they can find swer at this point, regrettably, is, no, ing and they did not conduct their own from the label where that necktie they will not know whether that meat benefit analysis. They were unable to comes from. The same is true with comes from the most regulated labora- quantify the benefit using their own in- shirts and shoes and trousers. The tory or most inspected plant in the formation so they did not include any same is true with much of what we use United States or from this plant in benefit in their study. However, failure in our daily lives. We require labeling. Mexico where inspectors were greeted to study something does not mean it We demand it. Why? Because the con- by filth and flies and a disease-con- does not exist. sumer is advantaged by having it. Ex- demned carcass ready for boning and Even allowing for no benefit, the cept meat and meat products. Go to distribution in commerce. USDA stated a 1 to 5 percent increase the grocery store; take a look at the Is it important for the American peo- in consumer demand would offset the grocery store shelf and evaluate the ple to distinguish between cuts of meat costs to the economy of country-of-ori- meat. Consumers do not have the fog- that come from an inspected facility in gin labeling. That is a powerful state- giest idea where the products came this country that meets rigorous ment. Even a minimal increase in mar- from—none. standards and a facility as described in ket share will cover the cost of the pro- Why is it important to be able to this article that comes from that com- gram. identify the origin of meat or meat munity in Mexico? Again, the key to the success of this products you purchase in this country? What about the issue of BSE or mad program is how it is implemented. We For a number of reasons. We produce cow disease? We now hear this week we are at the stage of the rules being pub- the highest quality food in the world have another case of mad cow disease lished, the 60 days of comment. We still by far. Why? Because we have the high- in Japan; a 21-month-old bull is the have a chance to make a difference on est standards, and we demand conform- country’s ninth known case. It is dev- the rules and bring the costs down and ance to those standards. The American astating for the Japanese, I know, to simplify them for the producer and re- people, if they want to choose U.S.- have cases of mad cow disease or BSE. tailer. It is for this reason my col- grown beef, U.S.-produced beef or beef We know our neighbors to the north leagues and I are proposing the amend- products or meat or meat products, at have had a case of mad cow disease. In ment today. this point they cannot do it because January, a sick cow, staggering in a The Senate supports country-of-ori- the labeling does not exist. lot, was nonetheless slaughtered with gin labeling. For those Senators who Now, the labeling of meat and meat other cows. They severed the head and have concern with country-of-origin la- products has been done routinely in put the head on a shelf, and that head beling, defunding the program is not an many other areas of the world. Other sat on the shelf for 4 months. Finally, effective way to deal with those con- countries do it. It is not impossible. It they sent it away for testing, to dis- cerns. Our amendment states it is the is not even prohibitively expensive. It cover that the cow they slaughtered in sense of the Senate that conferees on is just if you have the will to do it, you January, in May was determined to the part of the Senate on this bill shall do it. In our country, at this point, we have had mad cow disease. insist that no limits on the use of funds have not had the will. As a result, the Secretary of Agri- to enforce country-of-origin labeling Finally, the Congress passed a piece culture cut off shipments of live cattle for meat or meat products be included of legislation saying you must. We from Canada into this country. Why is in the conference report. If my col- have a requirement that there be coun- that important? Because our beef herd leagues support country-of-origin la- try-of-origin labeling, meat and meat is free of mad cow disease and has al- beling, they should vote for this products be labeled as to their origin, ways been free of it. It is devastating amendment. If some of my colleagues where they were produced. to a beef industry, an industry in just have concerns about the implementa- Now the House of Representatives North Dakota worth $500 million—half tion of country-of-origin labeling, they has passed an amendment that says a billion. It is devastating to that in- should vote for my amendment and en- they are going to shut off funding for dustry to have an outbreak of mad cow sure that USDA has the funding avail- that at a time when the Department of disease. We want to protect our indus- able to improve the rule. We passed the Agriculture has already dragged its try. That is why I offered the amend- law and now we must remain vigilant feet in implementing it because they ment earlier this afternoon that has to be sure it is implemented properly. do not want to implement it. been accepted. But we had USDA mov- As I mentioned, even if your State is Let me describe where this is impor- ing quickly last week to create what is not a producer of meat and meat prod- tant. Let me describe a May 1999 in- called minimum risk for classification ucts, worry about your consumers so spection in Hermosillo, Mexico, when for Canada so younger animals from that they know from where their meat inspectors went into a plant in this lit- Canada can move into this market- product came. I urge my colleagues to tle town in Mexico. I will tell you what place. Should the American people, can

VerDate jul 14 2003 03:25 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.079 S06PT1 S14122 CONGRESSIONAL RECORD — SENATE November 6, 2003 the American people, determine where amendment. We very much hope the that addition to the unanimous con- their meat comes from—Canada, Mex- manager and the ranking member will sent request that we are now looking ico, Japan, or the U.S.? be taking the amendment. But if not, at an hour and 15 minutes of additional The answer, for those of us who of course, we will want a record vote. debate or just 15 of your 30 minutes strongly support country-of-origin la- I will certainly offer the amendment locked in for Senator HARKIN? beling laws, is the American people de- on behalf of myself and Senator BURNS Mr. REID. Just 15 of the 30 minutes serve that opportunity and need the at your pleasure. So I would be happy for Senator HARKIN. right to know where their meat and to hear what the Senator from Utah Mr. CRAIG. All right. Am I also to meat products come from; they need to would like to have happen with respect assume we would move to other amend- be able to make selections as con- to that amendment. ments and we would see a series of sumers in a thoughtful, intelligent The PRESIDING OFFICER. The Sen- stacked votes on this amendment and way. ator from Utah. others? Regrettably, that is not now the Mr. BENNETT. Mr. President, in an Mr. BENNETT. It is my under- case. That is why the Congress pre- effort to establish a glidepath for us to standing—if this unanimous consent viously passed legislation. Regrettably, bring this particular airplane in for a request is agreed to—that debate on the Department of Agriculture is drag- landing, in consultation with the as- the Daschle amendment will cease at ging its feet, and the House of Rep- sistant Democratic leader, I intend to 4:30; we will then address the other resentatives, in my judgment, has offer a unanimous consent request that amendments—only two of which I caved in to the big economic interests would set a time agreement for the de- know of would require a rollcall vote— that want to scuttle this all together. bate on the country-of-origin labeling and if the majority leader and the They don’t want to have anything to amendment. It would be my intention, Democratic leader so determine, we do with meat labeling. They say it once that time has expired, that we would then have a series of stacked costs too much. would turn to the amendment the Sen- votes on those three amendments. Only in this town would we not laugh ator from North Dakota and the Sen- Mr. CRAIG. I thank the Senator. out loud at the cost estimates that ator from Montana wish to offer. At Mr. BENNETT. Now, if other amend- come from the USDA. They are a joke. that time, I would be prepared to at- ments arise, we can deal with them, Only in this town would it become part tach a time agreement to their offering but at the moment this is what we be- of legitimate debate and thoughtful of that amendment, as well as offering lieve we have before us. discussion about how many billions— a time agreement to attach to the The PRESIDING OFFICER. Is there yes, billions—of dollars this would amendment to be offered by the Sen- objection? cost, they claim, to administer. That is ator from Vermont, Mr. LEAHY. As far Without objection, it is so ordered. complete, sheer, utter nonsense and as I know, those are the only three Mr. REID. Mr. President, if I could USDA knows it. amendments remaining that would re- respond briefly to my friend from Utah The question for this Congress is, quire a rollcall vote. and all the Senate—staff and other Will it stand behind its previous deci- So I say to the Senator from North Senators listening—if there are other sion and its previous judgment to re- Dakota, I would ask him to support my amendments in addition to the Dorgan quire country-of-origin labeling on be- unanimous consent request that I will and Leahy amendments, the two man- half of the American consumer? Will it now propound, with the commitment agers should be advised forthwith be- stand behind that? I hope the answer is on my part that as soon as the time cause we would expect this bill to be yes. If that answer is yes, then we need has expired on the country-of-origin la- completed and the voting to start at to support this bipartisan amendment beling amendment, we would then go 5:30 today. that is offered by my colleague from to his amendment. I think the appro- Mr. BENNETT. I thank the assistant South Dakota. priate thing would be for him to offer Democratic leader and repeat his plea One final point. In the haste to try to his amendment at that time and then to Senators on our side of the aisle. If discredit the country-of-origin label- go directly into debate of that amend- there are additional amendments, the ing, the Department of Agriculture put ment. time to call them to our attention is With that explanation, Mr. Presi- out a notice that this would cost bil- rapidly running out. dent, I ask unanimous consent that the lions of dollars and they also indicated Mr. CRAIG addressed the Chair. time until 4:30 this afternoon be equal- that it would have zero benefits. Does The PRESIDING OFFICER. Who ly divided for debate on the Daschle anyone really believe an estimate of yields time to the Senator from Idaho? the cost of the implementation of this amendment No. 2078; provided, that at Mr. BENNETT. Mr. President, I ask law would provide no benefits—no ben- 4:30 the amendment be temporarily set how much time would the Senator efits—to this country and the con- aside and a vote occur in relation to like? sumers of this country? the amendment at a time to be deter- Mr. CRAIG. Ten minutes. That is why this attack on the coun- mined by the majority leader, after Mr. BENNETT. Mr. President, I yield try-of-origin labeling is a joke. It is consultation with the Democratic lead- 10 minutes to the Senator from Idaho why we must adopt this amendment. er; provided further, that no amend- in opposition to the Daschle amend- We must stand for the American con- ments be in order to the amendment ment. sumer. I know big economic interests prior to the vote. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there swing big clubs in this area. I have ator from Idaho. been in conference committees where objection? Mr. CRAIG. Mr. President, I come to Mr. REID. Reserving the right to ob- we thought we had this done before the floor this afternoon to oppose the ject, Mr. President. long ago and we had folks from the The PRESIDING OFFICER. The Sen- Daschle amendment but with some de- meat industry out in the halls ator from Nevada. gree of reluctance. I say that because buttonholing people. The fact is, we Mr. REID. I have spoken to the man- in the 106th and the 107th Congresses I need to get this done, and it needs to agers of the bill and indicated to them have been an outspoken advocate of be done now. That is why I support the that Senator HARKIN cannot be here country-of-origin labeling. amendment offered by my colleague until 4 o’clock, so I would ask unani- I agree with a fair amount of the ar- from South Dakota. mous consent that the request be modi- gument that has already been made While I have the floor, might I also fied to allow Senator HARKIN 15 min- today, that there is a clear consumer indicate that the amendment I indi- utes, beginning at 4 o’clock. right to know, that there ought to be cated to the Senator from Utah that I Mr. BENNETT. Mr. President, I have an identification trail or process by intended to offer is ready. I can offer it no objection. which we do, in effect, identify cuts of at the pleasure of the Senator from The PRESIDING OFFICER. Is there meat for the consumer. Utah and the Senator from Wisconsin. objection? I am a firm believer that, as a U.S. Senator BURNS from Montana and I are The Senator from Idaho. consumer, I have a right to know what both in the Chamber, and both of us Mr. CRAIG. Mr. President, reserving I am eating and from where it comes. I would like to speak in support of our the right to object, am I to assume by think it is a little foolish to compare it

VerDate jul 14 2003 03:25 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.083 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14123 with a silk tie or a piece of clothing. all of those cattle together, bring them My livestock farmers and ranchers You do not just run cattle out of a fac- to their feedlots. How does that paper are split, to my knowledge, right down tory. If you know the livestock proc- trail exist? That is really the issue at the middle. My Idaho cattle associa- ess, you do not just label them at the hand. tion opposes the regulation. I have the time of birth. Maybe we will be. Maybe I am a believer in country-of-origin farm bureau who supports the regula- we will be putting a computer chip in labeling. I do believe the cost we are tion. I have the farmers union who I the ear of every calf born and establish talking about here, as projected by think continues to support it. I have an identification trail from birth USDA, has reality to it. Recordkeeping our calf folks who strongly support it. through to slaughter. I do not know. for development and operation, first Yet what I feel I am doing, if I vote to That may well be in the future of the year: $582 million; $458 million in the advance this rule into a fixed regula- livestock industry of this country. outyears to maintain and operate; di- tion, is putting some of those small That might be a part of a process of na- rect cost, $582 million to $3.9 billion. producers out of business. I don’t want tional identification that the national Well, they back that off a little bit, but to do that. There ought to be a simple cattle industry is talking about now as in reality we are still looking at direct way to do it, and yet what we have an important part of a trail. cost to an industry that is struggling seen is a very complicated process. What I spent time doing the last now to get back on its feet of about $1.7 With that process, with those costs, I week is reading the new regulations billion. do believe it is reasonable for the U.S. that are being proposed by USDA. Is there a cry and a demand to know? Department of Agriculture to argue While the Senator from North Dakota I am not sure there is. But I want to there may not be a benefit to it in rela- stood on the floor and said, you just know. I do want a reasonable and real- tion to the cost. cannot believe those cost estimates, istic approach to accomplishing this. The national livestock industry is everybody out there in farmland be- Go read the new proposed regulations working at this moment to voluntarily that are out for comment today. Try to lieves them. Every cow and calf pro- put a national identification program tell me how you create and follow an ducer and every hog producer suggests together. We ought to be able to track ID trail through that maze, and the that $10 a head in real costs to comply our livestock. We should be able to two or three or four times a feeder ani- is probably fairly realistic and that if know. When it comes to mad cow dis- mal might change ownership from the you fail to comply or if you break the ease, you darn bet we ought to be able time they are birthed on the ranch chain of compliance, you are up for a to track it and to assure that we keep until they are a nice cut of beef on a $10,000 fine. That is something I don’t our livestock herds safe and clean, and supermarket shelf. That we are not think I want to put my producers into we have to date. We are not Johnny- confident of. come-latelies to this. We have had at this moment, especially when they You can darn well bet the processor strict protocol for a decade or more to don’t understand the regulations and I and the retailer are going to try to make sure we are not a Japan and that can’t understand the regulations. pass that cost on, and they can at the we are not a Canada, nor are we a There is a joke moving around out in consumer shelf. But I know the pro- Great Britain. And we are not because cattle country today. If you go out and ducer can’t. The producer can’t say to our livestock herds are clean, well buy a truckload of cattle, you better the feedlot operator or to the slaugh- managed, and USDA has done its take a trailer along to pull the paper- terhouse: Well, because of this new reg- homework. They deserve credit for it. work with you because this is going to ulation, you are going to have to pay You don’t need to add a new paper trail become a very complicated process. me another $1 or $1.50 or $3 or $4, what- I talked to a sale ring operator about to it just to assure there is safety. ever it costs. That simply doesn’t hap- an hour ago. We don’t have many live- But I am still going to say we ought pen at that level of production, and it stock auctions left in our country to try. I don’t know that this is the never has. way to do it. I don’t know that you today, but there are a few operating in To liken this to a tie or to liken this Idaho. He is trying to figure out, when to one or two products that may be shove this out over the industry and 75 or 100 small farm, ranch producers produced by one or two producers force it down on them from the top come with their cattle to his sale around the country and therefore very down. There is a voluntary effort today ring—and I am talking about an area easy to label and very easy to know to try to get this in place. If this were where you have a lot of small herds of where from whence it comes, when you a pilot program or if we weren’t going 100 or less, not large herds, as we think are talking about thousands of pro- to implement it for a year but make about them today out West or any- ducers, large and small, aggregate sure we vetted it appropriately and es- where else in the country—how do you numbers being put together for pur- tablished a pilot program in different identify all of these cattle and put poses of feeding and finishing—and livestock areas of the country—the them together? Are they all going to be what about commingling on the western public land grazing industry is ear tagged? Do they have to be? Is that slaughterhouse floor? How do you man- a good deal different from that in the going to be a requirement? We don’t age that kind of situation? South or that in the Midwest where know. By the way, I don’t think the Senator herds are controlled and fenced and More importantly, if you run those from Wyoming or the Senator from somewhat confined in the ability to animals on public land and they are South Dakota mentioned, if you are shape herds and keep them, yet these not in that nice, controlled, fenced, ir- selling a hamburger at McDonald’s, rules and regulations are not reflective rigated pasture—and almost all of my you don’t have to worry about it be- of those differences, and they are dif- livestock run on public land during cause you don’t qualify. These regula- ferences of real importance. some time in the year, and I am talk- tions don’t address you. Fifty percent I don’t know how we get there. At ing about mountains and canyons and of the industry’s meat today is sold least I do believe that what we are pro- valleys and brush country—the ear tag through fast foods, and they don’t have posing—and I should not say ‘‘we,’’ that gets put in the ear as calves prob- to play the game. If you are a poultry USDA, and they have already backed ably isn’t there when they come home raiser, do you have to play the game? off some of their numbers and come in the fall because they tore it off No; you are exempt. with different ones—is maybe not the going through a brush thicket. That is Why are we looking at this in a rath- way to go. As someone who voted for the character of the industry. er sporadic pattern? If we are going to country-of-origin labeling, I did it with No, it isn’t a controlled and simple develop uniformity, if we are truly S. 544 in the 106th and S. 617. In 1998, we industry. We have thousands of pro- going to search for the right to know did it again. Senator BURNS of Montana ducers out there today. Most every- and a label that deals with country of and I looked at the grading system to body thinks there is the big rancher origin, should not all meat products be try to find a way to get where we all out there with thousands of head of labeled in a way that the consumer want to get. Now we are saying: OK, we cows. Not true. Well over 80 percent of knows from whence they come? I think have a freight train on the track. She the livestock is produced in herds of 50 that is the right and the appropriate is building up speed. It is just a regu- or less. That is just the reality of the thing to do. We ought not handicap the latory process. We are only into the industry. Large feedlot operators put producer. comment period. Let that train roll

VerDate jul 14 2003 03:25 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.085 S06PT1 S14124 CONGRESSIONAL RECORD — SENATE November 6, 2003 down the track. Let’s start imple- law, and on which there are no records, might well be worked out, and should menting it. which are going to end up in the food be worked out in conference, to say By the way, if you get caught up in it supply as hamburger or pot roast. Who this is how we buy a little more time and you get fined $10,000 because you is going to certify where they came to deal with the uncertainties we have couldn’t comply, you didn’t comply, it from, with no records having been here, and we hope give the authorizing was impossible to comply, and you kept? That could be an argument for committee the opportunity to take an- broke the paper trail or the chain of delaying the implementation of this other bite at the apple and see if they identification, so be it. legislation. cannot write a country-of-origin label- I can’t do that to my farmers and Ultimately, I say with some face- ing law that makes more sense than ranchers. I won’t do that if it is my tiousness but some seriousness, we are the present one. vote that does it. I am still going to in- talking about a situation where, in But the Daschle amendment, by its sist we ought to try to comply in dif- order to comply with the law, every nature, and by the debate and legisla- ferent ways to maintain a chain of un- animal has to have a birth certificate tive history that is being laid down, is derstanding, a chain of information and a passport. The passport has to be saying you enforce the law exactly as and knowledge and identification as to stamped every time it crosses State it stands, no changes. For that reason, a point of origin where that meat came lines. Someone called me and said: I intend to vote against the Daschle from. But remember, half of the meat Bob, we have to pass this because there amendment because I think there you will consume after this becomes are all kinds of piglets being born in needs to be changes, and I think the de- law will not be regulated by this law. Canada and then being shipped to the bate demonstrates there needs to be So is there a blanket protection? No. Is United States. I find that they are changes. I hope the Daschle amend- there a consumer right to know? Well, shipped to the United States within ment is defeated. 50 percent. days after their birth. They are born in When we get to conference, I hope I yield the floor. Canada, but they are shipped here, the House language is modified and we The PRESIDING OFFICER. Who truly as piglets, almost within days or use the vehicle of the conference to try yields time? weeks after birth, and then the entire to prod the authorizing committee in Mr. BENNETT. Mr. President, I yield processing takes place in the United the direction of rewriting the basic bill myself 10 minutes. States. These are American jobs, so it can become workable. The PRESIDING OFFICER. The Sen- American facilities that are handling One final example of how the statute ator is recognized for 10 minutes. them. is written that is unworkable, in my Mr. BENNETT. Mr. President, I was Do we say, because of their birth, opinion, is that it prohibits the use of interested to have one of the Senators they are Canadian, but because they an identification mechanism to verify point out that most Senators don’t are raised and slaughtered in the origin of the covered commodity. The know anything about this because it United States, does that make them Senator talked about putting an ear was done in conference committee, and naturalized American citizens or Amer- tag on the cow. That is illegal under I certainly qualify as one who didn’t ican pork, if you will? The law is badly this law. He is talking about the ex- know anything about it at the time the written, and it clearly needs work or pense of it. It is the commonsense way conference committee came to the we would not be having this argument. to tag cattle. It is illegal, the way this floor. I have had a crash course in Everyone I hear who opposes the thing is written. country of origin labeling since I be- Daschle amendment begins his state- So, as I say, as I have become ac- came chairman. ment by saying: I am in favor of coun- quainted with the whole matter, com- I have come to several conclusions, try-of-origin labeling. But they are op- ing to it completely fresh and com- which I will share with the Senate. No. posed to this particular legislation as pletely uneducated as to the issues be- 1, the bill was very badly written. I it stands. fore I had to look at it, I find myself in don’t think there is any question about One of the other things that is wrong favor of the argument that consumers that. The idea of having consumer in- with it, in my view, is the $10,000-per- should know from which country the formation with respect to food is a per- violation provision. If I am running a food comes. I have no problem with fectly legitimate idea. It does indeed supermarket, and someone says, here is that at all, but I am convinced the law, fit the pattern of consumers, and I some American beef, and I am poten- as presently written, was so hastily put have no problem with it. But it is tially liable for a $10,000 violation for together that it has serious problems clear, as we get into the details of this, every single one of those hamburger that cannot be fixed by regulations that the bill that originally required it patties because each sale is a separate from USDA. I think they are acting in is very badly written. It uses the circumstance, I am going to say to the good faith in the regulations they phrase, for example, ‘‘born, raised, and producer: I will not take your beef un- drafted. slaughtered in the United States.’’ less you are prepared to indemnity me The question came up in the hearing I ask this question: What if you only against any lawsuits that might come when Secretary Veneman was asked: get two out of three of those? What from the Trial Lawyers Association if Why are you proposing such a cum- does that do to you with respect to the some consumer activist comes in here bersome regulation? piece of beef you are talking about? and can prove that particular ham- She said: Because we believe it com- Suppose it was born in one country, fed burger pattie originated in Canada. I plies with the law. in another, and slaughtered in a third? am not going to run that risk. She was asked: Whose interpretation That is not likely, but it is entirely I think the Senator from Missouri tells you this complies with the law? possible. And from which country does was exactly right when he said the law- She said: The United States Depart- it come? yers will be telling their corporate ment of Justice. The lawyers in the You can say it is clearly not Amer- boards: Assume the worst and be as Justice Department looked at the law ican beef if it was born in Canada, fed careful as you possibly can. Again, we and said you have to have these bur- at feedlots in the U.S, and for some have critters out there on the range densome regulations. purpose, shipped to Mexico to be that were born before the law was So I think there is a solution to this. slaughtered, packed, and sent back. passed that are going to end up in the I think we can work our way through it But what country is its country of ori- meat locker, and how are they going to in time. There is time between now and gin? If you say it was born in Canada, be labeled? If they are mislabeled, November for us not to argue about it is Canadian. there is a $10,000 fine for every pot should we implement the law as it Why does the law say ‘‘born, raised, roast that comes from those particular stands, or should we prevent the law and slaughtered’’—those three cat- cows. from going forward as it stands, but do egories—if only one matters? I am not sure the House solution is what I think is the commonsense This is an interesting challenge be- the right solution. I am not prepared to thing, which is simply rewrite the law. cause we have critters walking around go to conference saying I will stand Based on all of the research and evi- on the range right now that were born with the House language, because I dence that has gone into the drawing of somewhere prior to the passage of this think there is an alternative that the regulation, we can now do it with a

VerDate jul 14 2003 03:25 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.087 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14125 little more leisure and more intel- have harmed, not helped, American ag- terms of reduced purchasing power re- ligence than was done the first time riculture. Yet there is tremendous con- sulting from a loss in productivity around. fusion in the food industry and at after a 10-year period of adjustment are I yield the floor. USDA, I might add, on what con- estimated to range from $138 million to The PRESIDING OFFICER. Who stitutes a processed product as it re- $596 million.’’ yields time? If no one yields time, the lates to country-of-origin labeling. I do not believe that when adopting time will be taken equally from both I also would like to remind my col- Country-of-Origin Labeling legislation sides. leagues that many of these processed Congress intended to create such an ex- Mr. BAUCUS. Mr. President, I rise products, for example, frozen produce, pensive program that is detrimental to today to state my support for country- are already required to be labeled. Fro- American agriculture, nor do I believe of-origin labeling. Manufactured goods zen processed products of foreign origin it was the intention to include proc- sold in the United States have carried are required to be labeled for country- essed products, including frozen mandatory country-of-origin labels of-origin under section 304 of the Tariff produce. I hope we can work together since the 1930s. Most of our major trad- Act and have been so required since the to clarify the intention and the ing partners, including Europe and Tariff Act was passed in 1930. I cer- breadth of impact of this legislation Japan, already require American pro- tainly do not believe it was the inten- and minimize the costs of its imple- ducers to provide this information on tion of Congress to create a costly, du- mentation. However, I do not believe our agricultural exports. Today as the plicative program that provides abso- that such a sufficient clarification can landscape of international trade con- lutely no benefit to American growers, be achieved by simply defunding one tinues to change and expand, our Na- consumers, or producers. portion of the program. tion’s fruits, vegetables and meats need Some canned products would be cov- Mr. BINGAMAN. Mr. President, to carry the same important informa- ered by the program while others while I have the floor, I would like also tion. would not be covered. USDA’s deter- to say a few words about an amend- Country-of-origin labeling will have mination that frozen breaded shrimp is ment the Senate will be debating later two primary benefits. First, it will add covered by the legislation is another today. The amendment will be offered value to our domestic commodities. example. As many of my colleagues are by Senator DASCHLE and relates to American agriculture produces the aware, USDA is using the Perishable country-of-origin labeling of meat and highest quality products in the world, Agricultural Commodities Act, PACA, produce. and they should be rewarded for that. as a blueprint for implementation of I have long supported mandatory la- Second, it will enable consumers to be the Country-of-Origin Labeling pro- beling of country of origin and was knowledgeable about their purchases gram. Yet, at time of passage, breading pleased this provision was included in at the grocery store. is the type of process that would dis- the farm bill the President signed into I am very concerned that the House qualify produce from getting a designa- law last year. New Mexico Cattle Grow- eliminated funding for the implemen- tion under PACA. It seems to me we ers and the New Mexico Farm Bureau tation of country-of-origin labeling in are going to great lengths and un- strongly endorsed this legislation. their version of the 2004 Agriculture doubtedly expending great resources to I do believe consumers have a right appropriations bill. It is important mandate marking on processed prod- to know where there food is coming that the Senate conferees insist that ucts that it was no one’s intention to from. I am disappointed that there are no limits on the use of funds to enforce cover. some in the meat packing industry and country-of-origin labeling require- It is just this type of confusion that the administration that are trying to ments be included in the conference re- USDA references in its cost-benefit block implementation of this impor- port. I urge my colleagues to support analysis. We should not be concerned tant legislation. Grudingly, the admin- this sense-of-the-Senate resolution. about whether or not we agree with the istration last month released a pro- I understand that there are concerns accuracy of the estimated costs. The posed rule for mandatory labeling. about the implementation of country- fact is that the agricultural economy I believe the administration’s pro- of-origin labeling. I think country-of- can not afford any of them. We ought posed rules are far more complicated origin labeling can and should be done to be clear that to the extent this pro- than they need to be. However, I hope in a way that does not overburden the gram has support by producers, no one Congress will allow the comment pe- retailer, the packer, or the producer. advocating extending its reach to proc- riod and rule making to continue to And although the USDA’s proposed essed foods. I reiterate my under- give both proponents and opponents of rules for the implementation of coun- standing that when the processed food labeling a fair opportunity to weigh in try-of-origin labeling are an improve- exemption was included, Congress on this issue. ment over the previously proposed sought to avoid this excessive cost and I am pleased to cosponsor the guidelines, I still believe that the pro- the resulting confusion. Daschle amendment and hope that it posed rules make country-of-origin In fact, after reviewing USDA’s pro- passes. more burdensome than it needs to be. posed rule as mandated by the law, Mrs. HUTCHISON. Mr. President, I We need to let this implementation John Graham, administrator of OMB’s rise in opposition to implementing the to go through so we can all work to- Office of Information and Regulatory mandatory country-of-origin labeling, gether to create a program that is sim- Affairs, OIRA, sent a letter to USDA’s also known as COOL. ple, cost-efficient, and does not over- undersecretary for Marketing and Reg- This Legisition would devastate the burden the parties involved. ulatory programs, Bill Hawks, which U.S. meat industry, cost thousands of Mr. SMITH. Mr. President, I rise stated ‘‘These figures indicate that this American jobs and raise food prices for today in reference to the Senator’s is one of the most burdensome rules to the customers the law purports to ben- sense-of-the-Senate. Obviously, there be reviewed by this administration.’’ efit. are strong emotions on this issue. One USDA’s cost-benefit analysis raised The USDA recently found the U.S. of the problems with this program is several disturbing points. First, the livestock industry would incur the ambiguous nature by which Con- USDA has said that ‘‘Current evidence significannt costs and virtually no ben- gress authorized it. In particular, I on country-of-origin labeling, however, efits from mandatory COOL. It con- would call my colleagues’ attention to does not suggest that U.S. producers cluded there was little evidence that the most recent regulation proposed by will receive sufficiently higher farm mandatory country-of-origin labeling USDA. prices for U.S.-labeled products to would lead to an increase in demand During consideration of the 2002 farm cover the costs of labeling. Moreover, for commodities bearing the U.S. label, bill, Congress wisely exempted proc- it is even possible that producers could nor would it result in increased food essed foods from country of origin la- face lower farm prices as a result of la- safety. Rather, it found that COOL beling requirements. The complex na- beling costs being passed back from re- would impose up to $4 billion on ag in- ture of such labeling would have dis- tailers and processors.’’ dustries in the first year and up to $600 couraged the use of U.S. grown prod- The USDA has also said that ‘‘An- million annually after the program had ucts as ingredients and thus would nual costs to the U.S. economy in been in place for a decade. Inevitably,

VerDate jul 14 2003 05:56 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.089 S06PT1 S14126 CONGRESSIONAL RECORD — SENATE November 6, 2003 these costs would be passed on to con- products. A recent GAO study found Raised in the United States’’ than for sumers in the form of higher prices at that 48 of our 57 top trading partners those with no origin label. And 56 per- the supermarket. require labeling for at least one of the cent of that 69 percent were wiling to A recent Texas A&M University commodities covered by COOL and 41 pay premiums. study estimated that changes brought require labeling of meat at retail. Tarrance Group and Northern Illinois about by mandatory country-of-origin No. 3, Myth: The cost of compliance University, in June 2001, found that 81 labeling would cost nearly 2,000 jobs in with the country-of-origin labeling law percent of those surveyed want their south Texas alone. Mandatory COOL will be extravagant in the first year food to come from the United States. would force many small producers with and will increase consumer food costs. I urge passage of COOL. fewer and than 50 head of cattle out of Facts: The USDA incorrectly as- Ms. SNOWE. Mr. President, I rise business entirely. This would be a dev- sumed that new record keeping system today to join my colleague, Senator astating blow just when our economy requirements would meet to be estab- LEAHY, in offering an amendment to is beginning to show signs of recovery. lished and implemented. The Majority the fiscal year 2004 Agriculture appro- In addition to the impact on con- of producers already keep records that priations bill that would preserve fund- sumers and the American meat indus- can provide the required information. ing for our Nation’s working lands con- try, the imposition of COOL raises seri- GAO reports that USDA exaggerated servation programs. This amendment ous trade ramifications that could in- its initial cost project. The $1.9 billion parallels legislation I have cosponsored vite retaliation from important trade estimate was found to be ‘‘questionable along with the Senator from Vermont. partners. In the midst of negotiating and not well supported.’’ It would prohibit the U.S. Department free and fair trade agreements with na- USDA current estimates are equally of Agriculture, USDA, from diverting tions around the globe, imposing severe flawed. Consumer organizations esti- funding from key working lands pro- restrictions such as COOL hamper our mate the average cost to individual grams, such as the Environmental efforts to break down trade barriers consumers will only be about 13 cents Quality Incentives Program, EQIP, and and grow the global economy. per week. the Farm and Ranchland Protection No one disputes that food safety is Also, consumer surveys support Program, FRPP, to pay for technical critical. But both supporters and oppo- COOL. assistance. The 2002 farm bill made it clear that nents of COOL have stated this is a Fresh Trends, a 2002 survey, found the USDA should expand the opportu- marketing issue and not one of food that 86 percent of consumer respond- nities for farmers across the country to safety. When questioned by Congress- ents favor country-of-origin labeling. participate in voluntary conservation man CHARLES STENHOLM of Texas in a Of the 86 percent of consumers favoring programs that balance stewardship recent House Agriculture hearing on COOL, 78 percent prefer mandatory la- goals with on-farm production. This this issue, every witness, including beling over voluntary labeling. And 60 percent of those questioned have been has not happened though. supporters such as the American Farm In fiscal year 2003, the USDA trans- produce items in U.S. supermarkets Bureau Federation and the National ferred over $90 million away from that were grown in other countries. Farmers Union agreed COOL should working lands conservation programs Also, 48 percent of the people identified not be associated with food safety, but to pay for technical assistance of the South America as a source of produce, with the marketing of agriculture Conservation Reserve Program, CRP. 33 percent Mexico, 12 percent Central products. This diversion of funds prevented America. U.S. agricultural industries provide countless numbers of farmers from North Carolina State University, in the highest quality products in the signing up for working lands incentive February 2003, found that 74 percent of world. Congressional actions should programs. Unless this problem is cor- consumers believe the U.S. shouldn’t help, not hinder, their efforts. Impos- rected, the Department estimates that buy all its food from other countries ing severe, costly restrictions that at least $77 million will be diverted in even if it is cheaper than food produced amount to nothing more than a mar- the coming fiscal year. keting ploy is not the way to proceed. and sold here. Four out of 5 U.S. con- For many States, including my own, I urge my colleagues to vote against sumers believe that U.S.-grown food is conservation programs are a critical the sense-of-the-Senate amendment fresher and safer. And 92 percent prefer source of Federal assistance and are a and commit to a thoughtful and thor- to eat meat produced in the United valuable tool for helping small and spe- ough debate on this important issue. States. Those surveyed were undecided cialty crop growers enhance their pro- Mr. THOMAS. Mr. President, I rise to about the safety of meat from outside duction while caring for the land. speak on country-of-origin myths the United States. Only 5 percent ques- Funds from these programs reach an versus facts. tioned are uncertain about U.S. pro- array of producers, including fruit and No. 1, Myth: U.S. consumers do not duced meats. And two-thirds of con- vegetable farmers, dairy farmers, and care about country-of-origin labeling. sumers would pay more for food grown ranchers. The amendment being intro- Facts: That is not what people in Wy- in the U.S. rather than abroad. duced today ensures that conservation oming and national surveys indicate. Florida Department of Agriculture & payments would reach a broad range of Consumers overwhelmingly support la- Consumer Services found that 37 per- farmers. beling because it provides product in- cent of consumers would pay between Our amendment does not set new pol- formation, increased consumer choice 10 and 20 percent more for U.S. fruits icy, rather, it reinforces the mandates and the chance to support American and vegetables. More than two-thirds Congress made in the 2002 farm bill. agriculture. of consumers note the country where Congress recognized the importance of Two, of the largest consumer groups fresh produce is grown. Also, 56 percent conservation in agriculture by signifi- in the United States, Consumer Fed- of consumers believe that U.S. produce cantly increasing funding for the work- eration of America and the National is safer than imported produce. And 62 ing lands conservation programs. With Consumers League, strongly support percent of consumers would purchase the additional resources provided by mandatory COOL. U.S. produce if it had a COOL label. If the farm bill, Congress intended the No. 2, Myth: Country-of-origin label- price and appearance were equal, 61 USDA to expand the opportunity for ing violates our international trade percent of consumers would select farmers to practice farm and ranchland agreement commitments. U.S.-grown produce. stewardship. Congress also anticipated Facts: Country-of-origin labeling law Colorado State University, in March the need to fund technical assistance does not violate international trading 2003, found that 75 percent of con- for CRP and provided specific language agreements. sumers prefer to buy beef with coun- in the 2002 farm bill directing the De- Marking products is allowed by inter- try-of-origin labeling. And 73 percent of partment to use mandatory funding to national trading rules. Under Article consumers would be willing to pay pay for CRP technical assistance. IX of GATT, countries can require more for beef with country-of-origin la- Unfortunately, the USDA has not fol- marks of origin on imported products. beling. Also, 69 percent of consumers lowed through on congressional intent. Many nations already require country- are willing to pay more for steaks la- Over the past year, the USDA has di- of-origin labeling on a variety of food beled, ‘‘USA Guaranteed: Born and verted over $90 million from working

VerDate jul 14 2003 05:56 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.026 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14127 lands incentive programs. Without cor- gram. This important program pro- farmland out of production, while the rective action, farmers’ conservation vides tremendous benefits for the envi- working land conservation programs options will be curtailed even more se- ronment and maintains working lands. provide assistance to farmers who want verely as the USDA transfers funding I have continually encouraged USDA to keep farming their land—but to do away from working lands incentive to enroll more CRP acreage in this im- so in a way that helps the environ- programs to pay for technical assist- portant part of the CRP program. How- ment. ance for other programs in the Depart- ever, this program would come to a When we enacted the farm bill of ment. screeching halt without technical as- 2002, we recognized the value of both of The amendment simply, but explic- sistance funding. these types of programs, the Conserva- itly, states that the USDA may not I share my colleagues’ concerns and tion Reserve Program and the working take funding from working lands con- interest in finding a solution, but this lands conservation programs, and pro- servation programs to pay for CRP is not a full solution. I cannot support vided significant funding for both types technical assistance. This clarification an amendment that would have such a of programs. The Department of Agri- will allow our working lands programs disastrous effect on the CRP program. culture’s decision to divert funds from to retain the funding that Congress As chairman of the subcommittee, I the working lands conservation pro- provides. It does not add or subtract am committed to working with Agri- grams in order to pay for technical as- funding, rather it makes sure that the culture Committee Chairman COCHRAN sistance for the Conservation Reserve funds are used by the program for and Ranking Member HARKIN and other Program is not consistent with the which Congress intended. interested members to find a solution. carefully crafted balance reached in Let me also emphasize that the I urge my colleagues to seek a work- the farm bill. It is also inconsistent amendment does not require USDA to able solution that protects all of our with the commitment made by Con- shut down CRP in fiscal year 2004. It conservation programs. gress and the administration to Amer- continues to allow the USDA to exer- Ms. COLLINS. Mr. President, I am ica’s farmers and ranchers—a commit- cise its authority to provide CRP tech- pleased to cosponsor this amendment, ment to provide assistance to those nical assistance through mandatory along with my colleagues Senators who wish to participate in voluntary funding, exactly as Congress originally LEAHY and SNOWE. This amendment conservation programs while keeping directed in the 2002 farm bill. will protect the funding for important their land in agricultural production. In closing, I join my distinguished working lands conservation programs, This amendment closes the loophole colleagues today because I believe it is the Environmental Quality Incentives that the U.S. Department of Agri- time that Congress step in and protect Program, EQIP, the Farm and Ranch- culture has used to divert funds from our working lands programs from being land Protection Program, FRPP, the these working lands conservation pro- raided by the USDA. Until we can Wildlife Habitat Improvement Pro- grams in order to pay for other prior- reach a broader agreement on imple- gram, WHIP, and the Grassland Re- ities that the Department deems more mentation of the 2002 farm bill provi- serve Program, GRP. It will do so by important. With this amendment, we sion on conservation technical assist- prohibiting the U.S. Department of Ag- keep the commitment made to our ance, it is imperative that we hold our riculture from diverting funds from working lands conservation programs farmers and ranchers in the farm bill of these working lands conservation pro- 2002—a commitment to support and as- harmless. I urge my colleagues to sup- grams in order to fund the technical port the amendment, and I yield the sist them as they work to enhance assistance costs of another conserva- their stewardship of the land. For these floor. tion program, the Conservation Re- Mr. CRAPO. Mr. President, I appre- reasons, I urge my colleagues to sup- serve Program, CRP. port the amendment. ciate what my colleagues are trying to Working lands conservation pro- do. Clearly there is a problem. Mr. BENNETT. Mr. President, I sug- grams provide vital assistance to a When we passed the farm bill, we gest the absence of a quorum and re- large number of farmers, but they are made an unprecedented investment in quest that the time for the quorum call conservation. especially critical to small and spe- be charged equally to both sides. First as chairman of the Agriculture cialty crop growers, such as the potato The PRESIDING OFFICER. Without Subcommittee with jurisdiction over and blueberry growers in my State of objection, it is so ordered. The clerk conservation, then as the ranking Maine. These programs help farmers will call the roll. member of the subcommittee, I worked manage their land in ways that im- The bill clerk proceeded to call the closely with my colleagues on both prove production while, at the same roll. sides to increase funding for EQIP and time, protecting the environment, re- Mr. BENNETT. Mr. President, I ask WHIP and the Farm and Ranchland ducing agricultural runoff, and enhanc- unanimous consent that the order for Protection Program and to create the ing wildlife habitat. the quorum call be rescinded. Grasslands Reserve Program and in- Unfortunately, despite the large in- The PRESIDING OFFICER. Without crease the acreage for CRP and WRP. crease in funding for these programs objection, it is so ordered. Unfortunately, I am unable to sup- contained in the Farm Bill of 2002, a Mr. BENNETT. Further, I ask unani- port this amendment, because while it significant number of family farmers mous consent that the time running on attempts to correct an injustice, it who wish to participate in these pro- the Daschle amendment be set aside does not fix the problem. grams—who seek assistance in their ef- and reserved. This amendment, if enacted into law, forts to change their farming practices The PRESIDING OFFICER. Without would stop the CRP program in its in order to improve water quality and objection, it is so ordered. tracks. availability in their communities, or Mr. BENNETT. And that we now The Conservation Reserve Program is to restore wetlands—have been turned allow the Senator from North Dakota one of the most successful conservation away. to proceed with his amendment. programs in agriculture. It is a win-win They have been turned away because The PRESIDING OFFICER. The Sen- for agriculture and the environment. It the U.S. Department of Agriculture de- ator from North Dakota. benefits landowners and wildlife. In cided to divert funds from these work- Mr. REID. Mr. President, if the Sen- fact, it has been proved to be the most ing lands conservation programs in ator will yield, this would not prohibit effective federal program for produc- order to pay for technical assistance Senator HARKIN from coming later and tion of waterfowl in the United States. for the Conservation Reserve Program. speaking if desires. In Idaho, we had more than 55,000 Although the Conservation Reserve Mr. BENNETT. It would be my inten- acres recently accepted into the pro- Program is itself a worthy program, it tion, when Senator HARKIN arrives to gram. If this amendment were enacted, serves a different purpose than the speak on the Daschle amendment, to those acres could not be enrolled be- working land conservation programs. ask that the Senator from North Da- cause of lack of technical assistance The most significant of the differences kota summarize his remarks to allow funding. between these programs is that the the Senator from Iowa to speak. I ask Likewise, I have been a strong pro- Conservation Reserve Program pro- if the Senator from North Dakota ponent for the Continuous CRP pro- vides payments to farmers who take would agree to do that.

VerDate jul 14 2003 03:25 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.043 S06PT1 S14128 CONGRESSIONAL RECORD — SENATE November 6, 2003 Mr. DORGAN. Mr. President, I for travel expenses is reduced by the pro rata the diameter of the pipes through missed the comment by the Senator percentage required to reduce the total which information flows. If you have from Utah. amount provided by this Act for such ex- dial-up connections, you have a com- Mr. BENNETT. When Senator HAR- penses by $6,000,000. puter, and you know there is a certain KIN arrives—we have been saving time Mr. DORGAN. Mr. President, if I timeframe moving around your com- for him—I ask if the Senator from might describe this amendment—and I puter and moving around the Internet. North Dakota would summarize his will do so rather briefly because I If you have broadband or advanced statement at that point and allow Sen- spoke about it yesterday—I think we communications services, it is a bigger ator HARKIN to make his comments on are on the road perhaps to having this pipe and you can move vast amounts of the Daschle amendment, after which amendment accepted, in which case we data very quickly. we could then return to the Dorgan would not need a recorded vote. As I in- The opportunity to do that is criti- amendment. dicated, I offer this amendment with cally important to small areas, rural Mr. DORGAN. If Senator HARKIN ar- my colleagues, Senator BURNS of Mon- areas of the country in order for them rives on the floor, I will begin slowing tana and Senator CONRAD of North Da- to attract economic opportunity and down, if that is the question, and come kota. This amendment deals with a economic development. Without it, to a complete stop at an appropriate provision we put in the farm bill hav- they are consigned to a future without moment. ing the rural utility services create a that kind of economic opportunity. I do not intend to speak at great broadband loan program. That is why we are trying to provide it length on this amendment. I know my During consideration of the farm bill, here, just as we did in the underlying colleague, Senator BURNS, also wishes which we enacted in the Congress, we 1996 act which I helped write. We to speak, as well as my colleague, Sen- provided a very important provision talked about advanced services then, ator CONRAD, wishes to speak. My ex- that will provide for loans for the comparable services at comparable pectation is that the presentations will build-out of broadband capability rates. You have broadband in most big all be relatively brief, but I certainly throughout rural areas of our country. cities now. The question is, will rural would respect the interests of the Sen- The build-out was part of $100 million areas have the same opportunities? ator from Utah. in direct spending to subsidize $3.5 bil- What happened was RUS put this Mr. BENNETT. Could we enter into lion of loan funds at good interest rates money together and they were going to an agreement that the total time con- that would entice those who are inter- put out nearly $1.3 billion of loans at sumed on the Dorgan amendment, ested in building out the infrastructure 4.9 percent. Again, easily the most sig- without allocation to one side or the of broadband capability to rural areas nificant program of building out infor- other, would be 30 minutes under the to begin doing so. mation infrastructure. What happened control of Senator DORGAN? Now, why is that important? It is im- The PRESIDING OFFICER. Is there portant because if someone is on the was they set a July 31 deadline for ap- objection? wrong side of the digital divide and plications. They received applications Without objection, it is so ordered. they do not have broadband capability for $1 billion in loans. That means Mr. DORGAN. Mr. President, let me in rural areas, their opportunity for there are people out there very anxious understand, the 30 minutes would be economic development is gone. So we to move this capability out to rural under my control? have been trying to find ways to help areas. That is a big deal. This is not Mr. BENNETT. That is correct, so develop the build-out of the infrastruc- just some theoretical argument. This is that anyone who wished to speak would ture for broadband capability in all talking about whether, in the rural have to get the permission of Senator areas of the country, especially and in- reaches of America, you will have eco- DORGAN, and that 30 minutes might be cluding rural areas. nomic opportunity and jobs and growth interrupted by Senator HARKIN’s pres- The $100 million in that bill was again. entation, but the full 30 would be under going to provide an opportunity for $3.5 We have $1 billion in loan applica- the control of the Senator from North billion in broadband loans over the 6 tions. Now the language that has been Dakota. years, as I indicated. included in the Agriculture appropria- Mr. DORGAN. I understand. The Rural Utility Service announced tions bill essentially eliminates the AMENDMENT NO. 2117 they were going to combine $40 million broadband section of the farm bill. It Mr. DORGAN. Mr. President, I can in the farm bill for the first 2 years and will put some money into loans, yes, send the amendment to the desk if we package that up. They said they would but does so without the mandatory wish to consider it now. My thought make $1.4 billion in loans available for spending for it and would essentially was it would be accepted and probably broadband buildout. As a result of that, cut in half the loan levels. be put in a managers’ amendment. I they would provide not only loans but That is particularly bothersome be- send the amendment to the desk and $80 million in loan guarantees, and so cause what is going to happen is they ask for its immediate consideration. they would have $1.295 billion of loans are going to have to start over down at The PRESIDING OFFICER (Mr. at the Treasury rate of interest. USDA with a much smaller amount of SMITH). The clerk will report. money and much less impact on The assistant legislative clerk read This is easily the biggest broadband broadband capability. as follows: loan program in the history of this country. Why is it important? Let me The proposal I offer with my col- The Senator from North Dakota [Mr. DOR- leagues would provide an additional $6 GAN], for himself, Mr. BURNS, Mrs. CLINTON, give an example, going back to the and Mr. LEAHY, proposes an amendment 1930s. In the 1930s, very few farms and million. This does not make us whole, numbered 2117. rural areas were wired for electricity, but instead of going from $20 million Mr. DORGAN. Mr. President, I ask so we created the Rural Electrification down to $9 million, roughly we go back unanimous consent that the reading of Act, the REA Program, and began up to $15 million. It is not the full the amendment be dispensed with. stringing lines to the rural reaches of money we need, but it would increase The PRESIDING OFFICER. Without America. That program was remark- the $9.1 million to $15.1 million. This is objection, it is so ordered. ably successful in providing to small not a massive amount of money, given The amendment is as follows: towns and family farms in this country the bill we are talking about. It just is (Purpose: To increase funding for guaranteed the capability of using electricity to not. But it is very important for us to broadband loans, with an offset) enhance their productivity. When we pass this amendment because other- On page 47, line 13, strike ‘‘$335,963,000’’ and electrified rural America, we dramati- wise we will have had a significant insert ‘‘$647,000,000’’. cally increased the productivity of start, with great promise, and will On page 48, line 2, strike ‘‘$9,116,000’’ and America’s family farms. have brought this to a grinding halt, insert ‘‘$15,116,000’’. On page 79, between lines 7 and 8, insert We now are in a circumstance where and we will have the promise of the following: we talk about the information revolu- broadband buildout all across rural SEC. 7ll. REDUCTION IN TRAVEL AMOUNTS. tion and the new technology and infor- America only to find out Congress put Notwithstanding any other provision of mation and something called the brakes on it. That is not something this Act, each amount provided by this Act broadband. Broadband simply describes we want to do.

VerDate jul 14 2003 03:25 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.090 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14129 I mentioned yesterday, recently the same proposition. Let’s not miss We still have a boarding school in my when I was in my hometown of 300 peo- this opportunity. State of Montana. You take your high ple, a small community in north- Mr. President, I indicated Senator school students to school on Monday western North Dakota, I walked into BURNS, Senator CONRAD, Senator CLIN- morning and you do not see them until what used to be my old boyhood home. TON, and Senator LEAHY are cospon- Friday night. That is remote. That is I asked the folks if I could just stop in sors. I ask unanimous consent they be frontier. and see it. I hadn’t been there for many added. This technology is also a way to ex- years. The young woman who now lives The PRESIDING OFFICER. Without pand curriculum and allow those young there with her husband and children objection, it is so ordered. people to have the same educational said she was happy to show me my old Mr. DORGAN. I yield some time to opportunities as young people in the home. I looked around. In her kitch- the Senator from Montana, followed by more urban areas. en—I hope she won’t mind me saying time to my colleague from North Da- Think about what it does to the rural this—on the shelf she had a piece of kota. I yield 5 minutes to the Senator areas as far as telemedicine. We know equipment. I couldn’t recognize it at from Montana and if he wishes more, we have an aging population in rural first, but it had a camera attached to there is certainly more available. areas. I have 14 counties that have no Mr. BURNS. I thank my friend from it, and the camera was taking a picture doctors at all. The delivery of health North Dakota. care is completely different than it was of something on a spool, hanging on a Mr. President, if anyone in this body metal spool. It was a bracelet. She years ago. said the Government could invest $40 We have as much obligation to make said: I am taking a picture of this million and, in less than a year, gen- bracelet. Then I scan it and put it on sure there is a buildup of broadband as erate commitments to invest or lever- we had with electricity after World the Internet, on eBay, because I sell age $1.2 billion in job-creating, produc- War II. I know what was in our house. things on eBay. tivity-enhancing and life-improving in- Our house didn’t have electricity until Here is a woman in a very small com- frastructure in some of America’s most about 1949–1950. I know that it trans- munity in western North Dakota who rural and remote areas, I would suspect formed rural America. This provides is a merchant selling products on eBay. the Members of this body and the pub- the same possibility. It shows that all over this country peo- lic at large would judge that to be a With this amendment, we have re- ple have enterprising hopes about what successful and exciting economic devel- stored a tool which investors can use they want to do, what kind of business opment strategy. That is exactly what to build up this important piece of in- they want to be engaged in. But if we has happened. do not have the capability to build out This broadband loan program is ad- frastructure which will become very broadband services to rural areas, we ministered by the Rural Utility Service important to rural America. If the Federal Government could in- will forever consign them to a dismal of the United States Department of Ag- economic future. riculture. In 10 short months the RUS vest $40 million and in less than a year Let me make one final point. That broadband loan program has generated generate commitments to invest about little town I grew up in, Regent, ND, a about $1 billion in applications, pri- $1.2 billion in job creating, produc- wonderful community, is part of marily in Treasury rate-of-interest tivity enhancing, life improving infra- Headinger County. My home county is loans that contain at least 20 percent structure in some of America’s most larger than the State of Rhode Island. equity leverage. That is a pretty good rural and emote areas, I suspect most When I left it, there were 5,000 people return. members of the body and the public at living there. There are now 2,800 citi- Let me build on what my friend from large would judge that to be a success- zens living in Headinger County. The North Dakota said. I was pretty small ful and exciting economic development State demographer says in the year when the debate on REA started, the strategy. 2020 they expect it to be 1,800 people; Rural Electrification Administration. That is exactly what has happened in 5,000 to 1,800 in a county the size of There is not one Senator in this body the broadband loan program adminis- Rhode Island, slightly larger. who has not gone to an annual meeting tered by the Rural Utilities Service Those people want opportunity. They of an REA. My first line is always: If it RUS, of the United States Department want to build and grow. They want had not been for REA, in the country of Agriculture. In ten short months, some hope for the future. That woman, areas we would be watching television the RUS broadband loan program has in that little home selling on eBay, by candlelight. That is a truism. Now generated about a billion in applica- represents that spark of enterprise, we are in a different era. We are in an tions primarily for treasury rate of in- that hope that maybe things can be era when there is an infrastructure of terest loans that contain at least 20 better. Maybe you can build businesses the deployment of broadband. percent equity leverage. in those rural areas. But you simply Broadband expanded services is as im- Broadband technologies whether de- cannot do it if you don’t move ahead portant to downtown America as it is livered by fiber, licensed or unlicensed with this program we put in the farm to rural areas because of their ability spectrum or satellite have the power to bill. to communicate instantly and to move transform communities. High-speed ac- I introduced legislation about 3 years massive amounts of information in- cess to the Internet is becoming as im- ago. Much of it was put in the farm bill stantly. portant to rural economic development to create these loan funds. I was as- We have heard of the digital divide. as good roads and sewers. It opens tounded to learn this appropriations This is a just one small step that closes worlds of opportunity for rural busi- bill effectively emasculates the funding that gap or that divide. It is working. ness, offers farmers up to the minute that would have been automatic for the Figures back it up. I was as surprised market information, rural schools the 6-year period, that would have created as anyone when this funding was taken chance to offer advanced placement this aggressive broadband buildout. out of the bill because it was not work- courses and rural health care facilities That is why we have to restore some of ing. That wasn’t the reason at all. access to the finest medical advice and this funding. It is important. Broadband technologies, whether deliv- services available. People say it is a little issue. It is ered by fiber, licensed or unlicensed While many areas served by compa- not a little issue to people in my home- spectrum, or satellite, have the power nies and cooperatives in the RUS tele- town or other hometowns all across to transform communities. communications program had modern this country, living in rural areas, who High-speed access to the Internet is advanced services, too many rural com- want to make a living and want to becoming as important to the rural munities were far outside the service have some hope for the future. That is economic development as good roads or territory of these broadband pioneers. what this is about. good sewers or even electricity itself. The RUS broadband loan program of- We have already had a pattern and a It opens worlds of opportunities for fered an exciting opportunity to close template for how this works. It is the rural businesses, farmers, and ranchers this digital divide. old REA Program. It worked in a won- and provides up-to-the-minute market As one of the co-authors of the derful way to electrify rural America information; and rural schools for dis- broadband loan provisions contained in and offer people light and hope. This is tance learning. the farm bill, I strongly believe that

VerDate jul 14 2003 03:25 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.092 S06PT1 S14130 CONGRESSIONAL RECORD — SENATE November 6, 2003 the Senate must keep faith with the million amount, you would increase, by is a book titled ‘‘Distance is Dead.’’ carriers, cooperatives, communities at least $180 million, loans that are The book describes the information and consumers who have been inspired available across the country. I have revolution. From almost anyplace you to launch plans to bring broadband been told it may be more than $300 mil- are a click away from anywhere. In services to hometown America. lion because what you are doing with a North Dakota, we are a click away The broadband loan program builds small amount of money is leveraging a from the Hudson River. We are as close on a proven sixty-eight year model large amount of lending to build to Manhattan as the Hudson River with which has brought modern telephone, broadband in the rural parts of this telecommunication and new tech- electric and water infrastructure to country. nologies. But that is only the case if rural areas. The farm bill added a new This is a matter of fairness. It is a you have the buildout of broadband, if broadband title to the Rural Elec- matter of economic development. It is you have the capability to allow people trification Act. It also created a reli- a matter of keeping the promise that to use this Internet in the way that able, predictable multi-year stream of was made in the farm bill. Nothing most urban areas are able to do it. mandatory funding to instill con- could be more clear. Nothing could be We have in rural areas—I have men- fidence that sufficient funds would be more important in terms of economic tioned my hometown—much that oth- available until expended to encourage opportunity in the rural parts of the ers aspire to recreate in our country: investment. country than to make sure they are strong schools, good neighbors, great Unfortunately, the funding for this part of this developing technology. places to raise kids. We have a lot of program which is so vital to the eco- In the 1950s, Dwight Eisenhower rec- things that make these small towns in nomic health of rural America has been ognized the importance of having a na- rural areas wonderful places to live. severely cut. We should be doing every- tion connected by an interstate high- But we need jobs there. We need eco- thing possible to incentivize broadband way system. He proposed the legisla- nomic opportunity development there. buildout in rural America rather than tion that provided for Federal funding. If distance is dead, then opportunity targeting this creative program which That is precisely what this does with is born in rural areas with information promises to bring huge benefits to vast the new technology—to provide technology. If we are a click away from areas of the country. I call on my col- broadband that ties America together anywhere, if we are a nanosecond away leagues to support the Dorgan-Burns that provides opportunity. by clicking a mouse and providing in- amendment to restore funding to this Every year, I put on an event in formation anywhere, any time, then we critical program. It is very important. North Dakota which we call ‘‘Market- have opportunities to attract busi- I thank the Chair. place for Entrepreneurs.’’ Last year, nesses and create jobs in these wonder- Mr. DORGAN. Mr. President, I yield 5 there were 8,000 people in attendance. ful areas of America’s heartland. But if minutes to Senator CONRAD from North We have hundreds of classes. Some of we do not have the buildout of the in- Dakota. them are on how you write a business frastructure, if you do not have similar The PRESIDING OFFICER. The Sen- plan or how to use the Internet or how opportunities with broadband develop- ator from North Dakota. to use broadband to develop your busi- ment in rural areas, then you have Mr. CONRAD. Mr. President, I thank ness, to expand your business, to create what is called a digital divide. my colleague, Senator DORGAN, for pro- a business. If you are on the wrong side of that posing this amendment and our friend There is nothing more hopeful in digital divide, if you live on the wrong and neighbor, Senator BURNS from terms of opportunity in rural areas side of that digital divide, you are in Montana, for cosponsoring it. This is than to have this new technology big trouble; your community is going an important amendment. I was among available. nowhere. That is why this is an impor- the handful of negotiators of the farm Congress ought not to turn its back tant issue. It is why we have been bill representing the Senate as we ne- on a promise just made and cut the working on it for some long while and gotiated with the House on the final funding. why this amendment deserves to be ap- provisions. These provisions were espe- I am told now this $6 million will proved. cially important to those of us who provide an additional loan amount of We have no further speakers. I know represent the most rural areas in the over $275 million—$6 million becomes Senator BENNETT has other things he country. If you do not have broadband $275 million in loans all across the wishes to do with the bill. I yield back access in the modern world, you are rural part of the country. Why? How the remainder of my time. left out and left behind, and your eco- can that be? How can $6 million turn The PRESIDING OFFICER. The Sen- nomic prospects are badly diminished. into $275 million? It is because you ator from Utah. On the other hand, if you are part of need just a little bit of a guarantee to Mr. BENNETT. There has been no ob- this extraordinary development, all of get over the hump to cause lenders to jection to this amendment raised on a sudden distance and the barriers of make these loans. It gives some addi- this side. I ask now for a voice vote. The PRESIDING OFFICER. The distance fall away. tional assurance that it is going to be question is on agreeing to the amend- We know the greatest difficulty for repaid. It is very interesting. History ment of the Senator from North Da- our State has been our distance from shows that in fact the money is repaid. markets. That is what has disadvan- kota. It works. The amendment (No. 2117) was agreed taged the economic opportunity for I urge my colleagues to support this people from North Dakota, Montana, to. legislation. Mr. BENNETT. I move to reconsider and South Dakota. I see the Senator The PRESIDING OFFICER. The Sen- the vote. from Idaho—his State as well, and Wy- ator from North Dakota. Mr. CRAIG. I move to lay that mo- oming, and so many other States in the Mr. DORGAN. Mr. President, how tion on the table. heartland of America. much time is remaining? The motion to lay on the table was The provisions that were put into the The PRESIDING OFFICER. Ten min- agreed to. farm bill were designed to give us a utes 20 seconds. Mr. BENNETT. Mr. President, I un- chance to open new opportunities and Mr. DORGAN. Mr. President, I will derstand now that Senator LEAHY has to reduce the barriers of distance. take one final minute, and I think we an amendment that he would like to Twenty million dollars is a modest are finished speaking on this side. And offer and debate. I ask the Senator if amount of money. But in the appro- I will yield back the remainder of my he would agree to a half an hour time priations bill they cut it by more than time when we are finished. limit on his amendment. 50 percent—to $9.1 million. We all know Mr. President, I ask unanimous con- Mr. LEAHY. Mr. President, is the that amount of money in and of itself sent that Senator HARKIN be added as a Senator from Utah suggesting a half is not going to make an extraordinary cosponsor. hour evenly divided? difference. But that is not how it The PRESIDING OFFICER. Without Mr. BENNETT. Yes, half an hour works. That small amount of money objection, it is so ordered. evenly divided. leverages much larger amounts of Mr. DORGAN. Let me finish this dis- Mr. LEAHY. I think that would be loans. It is more than 30 to 1. On a $6 cussion by adding another point. There enough, but just to be on the safe side,

VerDate jul 14 2003 03:25 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.030 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14131 I will check with a couple of Members. family farmers and ranchers trying to (2) Is the Department of Agriculture’s Con- Could we say 40 minutes evenly di- restore wetlands are offering to change servation Operations appropriation available vided? I assume I will be able to yield the way they farm to improve air and for technical assistance for the WRP and the FPP? and some of that back. water quality are rejected when they (3) Did the Office of Management and Mr. BENNETT. Mr. President, I am seek USDA help. Producers are turning Budget’s (OMB) July 18, 2002, decision not to happy to propound a unanimous con- away because of a Department of Agri- apportion funds for technical assistance for sent agreement that there be 40 min- culture decision earlier this year to di- the WRP and the FPP violate the Impound- utes equally divided devoted to the vert $158.7 million from working lands ment Control Act.1 Leahy amendment with no second-de- conservation programs, to pay for the For the reasons given below, we conclude conservation reserve and wetlands re- that: gree amendments allowed. (1) the section 11 cap does not apply to The PRESIDING OFFICER. Without serve. It goes directly against the clear funds for technical assistance provided for objection, it is so ordered. directive in the 2002 farm bill. That di- the conservation programs enumerated in AMENDMENT NO. 2119 rected the USDA use mandatory funds section 3841, title 16, U.S.C., as amended by Mr. LEAHY. Mr. President, I send to for the Commodity Credit Corporation section 2701 of the 2002 Farm Bill; the desk an amendment on behalf of to pay for CRP and WRP technical as- (2) the Conservation Operations appropria- tion is not an available funding source for myself, Senator SNOWE, Senator JEF- sistance. This may sound technical, but the the WRP and the FPP operations and associ- FORDS, Senator COLLINS, Senator REED ated technical assistance; and of Rhode Island, and Senator CLINTON. fact is, by not following what the Con- (3) OMB’s failure to initially apportion I ask, first, that the pending amend- gress voted for, Republicans and Demo- WRP and FPP funds was a programmatic ment be laid aside and that I send the crats alike, we end up having the ad- delay and did not constitute an impound- amendment to the desk. ministration raid the farm bill, raid ment under the Impoundment Control Act. The PRESIDING OFFICER. Without working lands programs. Further, since OMB has approved recently This chart shows what happens: $57 submitted apportionments for these two pro- objection, it is so ordered. The pending grams, and since budget authority for both amendments are set aside. million diverted from EQIP, the Envi- ronmental Quality Incentives Program; the WRP and the FPP was made available The clerk will report. for obligation, there was no impoundment of The assistant legislative clerk read $18 million diverted from the Farmland funds in fiscal year 2002. as follows: and Rangeland Protection Program; BACKGROUND $9.6 million diverted from the Grass- The Senator from Vermont [Mr. LEAHY], Section 2701 of the 2002 Farm Bill, Pub. L. for himself, Ms. SNOWE, Mr. JEFFORDS, Ms. lands Reserve Program; and $5.6 mil- No. 107–171, 116 Stat. 278, 279 (enacted on May COLLINS, Mr. REED and Mrs. CLINTON, pro- lion from the WHIP, Wildlife Habitat 13, 2002) (codified at 16 U.S.C. §§ 3841 and 3842) poses an amendment numbered 2119. Incentives Program, to pay for tech- amended section 1241 of the Food Security Mr. LEAHY. Mr. President, I ask nical assistance. Act of 1985, 16 U.S.C. § 3841, to provide that unanimous consent that reading of the All these are included for different the Secretary of Agriculture (Secretary) shall use the funds of the CCC to carry out amendment be dispensed with. reasons. The Wildlife Habitat Incen- tives Program helps those who fish and seven conservation programs, including the The PRESIDING OFFICER. Without provision of technical assistance to, or on be- objection, it is so ordered. hunt. They were part of the overall half of, producers. The WRP and the FPP are The amendment is as follows: compromise. Their money is gone. among the conservation programs named in (Purpose: To restrict the use of funds for The language of the statute, a rel- the 2002 Farm Bill that are to be funded with certain conservation programs) evant colloquy, supports this interpre- CCC funds. In its June 19, 2002, apportionment request, On page 79, between lines 7 and 8, insert tation, and the General Accounting Of- the Department of Agriculture (Agriculture) the following: fice concurred in a recent memo that we settled a very clear intent of the asked OMB to apportion a total of SEC. 7ll. USE OF FUNDING FOR CERTAIN CON- $587,905,000 in CCC funds to the Natural Re- SERVATION PROGRAMS. Congress how that money be spent. I sources Conservation Service (NRCS) for None of the funds made available by this ask unanimous consent that memo be both financial and technical assistance re- Act may be used to pay the salaries or ex- printed in the RECORD. lated to section 3841 conservation programs. penses of employees of the Department of There being no objection, the mate- SF 132, Apportionment and Reapportionment Agriculture to carry out the conservation re- rial was ordered to be printed in the Schedule for Farms Security and Rural In- serve program established under subchapter RECORD, as follows: vestment Programs, Account No. 1221004, B of chapter 1 of subtitle D of title XII of the July 18, 2002. Of the amount requested, Agri- Food Security Act of 1985 (16 U.S.C. 3831 et UNITED STATES culture designated $68.7 million for technical seq.) using funds made available under para- GENERAL ACCOUNTING OFFICE, assistance to be provided under the conserva- graphs (4) through (7) of section 1241(a) of the Washington, DC, October 8, 2002. tion programs. In its July 18, 2002, apportion- Food Security Act of 1985 (16 U.S.C. 3841(a)). Hon. HERB KOHL, Chairman, ment, OMB apportioned all of the funds for Mr. LEAHY. Mr. President, this Hon. THAD COCHRAN, financial and technical assistance requested amendment is quite straightforward. Ranking Minority Member, Subcommittee on for the conservation programs, except $22.7 We offered it to restore the conserva- Agriculture, Rural Development, & Related million designated for WRP and FPP tech- tion funding commitment Congress and Agencies, Committee on Appropriations, nical assistance. Id. OMB reports that it did the administration made to farmers U.S. Senate. not apportion funds for WRP and FPP tech- and ranchers in the 2002 farm bill. I was Hon. HENRY BONILLA, nical assistance at that time, because OMB Chairman, Subcommittee on Agriculture, Rural believed that the section 11 cap, 15 U.S.C. one of the conferees in that farm bill. I § 714i, limited the amount of funds that could remember we went all night long. We Development, FDA & Related Agencies, Committee on Appropriations, House of Rep- be transferred from CCC to other govern- went weekend after weekend. The final resentatives. ment agencies for technical assistance asso- bill was a very delicately put together FUNDING FOR TECHNICAL ASSISTANCE FOR ciated with the section 3841 conservation compromise between Republicans and CONSERVATION PROGRAMS ENUMERATED IN programs, and that CCC funding of WRP and Democrats in both bodies and the ad- SECTION 2701 OF THE 2002 FARM BILL FPP technical assistance would exceed the ministration, between those in the This responds to your letters of August 30, section 11 cap. Letter from Philip J. Perry, East, those in the West, those in the 2002 (from Chairman Bonilla) and September General Counsel, OMB, to Susan A. Poling, 16, 2002 (from Chairman Kohl and Ranking Managing Associate General Counsel, GAO, Midwest. It was a very delicate balance Minority Member Cochran) requesting our September 16, 2002. In discussions with Agri- because of the amount of money in- opinion on several issues relating to funding culture regarding the use of CCC funds in ex- volved and how it would be allocated. technical assistance for the wetlands reserve cess of the section 11 cap for section 3841 It was especially important because program (WRP) and the farmland protection technical assistance, OMB indicated to Agri- in this bill there was concern when it program (FPP). You asked for our views on culture that either CCC funds subject to the was passed whether those in the East the following issues: section 11 cap or Agriculture’s Conservation would vote for the bill. Our amendment (1) Does the annual limit on fund transfers Operations appropriation could be used to addressed the problem that Senators, if imposed by 15 U.S.C. § 714i (known as the sec- fund this technical assistance, Id. tion 11 cap) apply to Commodity Credit Cor- OMB reports that Agriculture recently not all Senators, have been hearing poration (CCC) funds used for technical as- submitted a new apportionment request for about. sistance provided the WRP and FPP as au- $5.95 million for WRP technical assistance Despite the historic conservation thorized by the Farm Security and Rural In- (as well as the Conservation Reserve Pro- funding levels of the 2002 farm bill, the vestment Act of 2002 (2002 Farm Bill). gram) which OMB approved on September 3,

VerDate jul 14 2003 05:56 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.099 S06PT1 S14132 CONGRESSIONAL RECORD — SENATE November 6, 2003 2002. Id. OMB also reports that Agriculture posed by section 11 of the Commodity Credit technical assistance (as well as cost-share submitted a new apportionment request for Corporation Charter Act (15 U.S.C. 714i).’’ 16 payments, incentive payments, and edu- an additional $2 million in FPP financial as- U.S.C. § 3841(b). When read in the context of cation) under the EQIP program. 16 U.S.C. sistance, which OMB approved on September section 11, section 3841(b) makes clear that 3841(b). While the 1996 Farm Bill authorized 11, 2002, bringing the total apportionment for the section 11 cap applies only to funds the use of CCC funds to carry out the CRP the FPP to the $50 million authorized by sec- transferred under section 11. Section 11 spe- and WRP programs, it did not specifically tion 3841. Id. cifically imposes the cap on ‘‘fund transfers authorize the funding of technical assistance out of program funds as it did for EQIP. DISCUSSION . . . under this section.’’ Section 11 by its terms clearly does not apply to amounts Importantly, five days before enactment of 1. Section 11 Cap transferred under other authority, such as the 2002 Farm Bill when the Senate was con- The question whether the section 11 cap (15 section 3841(a). And we read section 3841(b) to sidering the Conference Report on the Farm U.S.C. § 714i) applies to technical assistance make plain that, while the section 11 cap Bill, a colloquy among Senators Harkin, provided through the conservation programs continues to apply to amounts transferred Chairman, Senate Agriculture, Nutrition and authorized by 16 U.S.C. §§ 3481, 3482, is one of under section 11, it does not apply to Forestry Committee, Lugar, its Ranking Re- statutory construction. It is a well-estab- amounts transferred by section 3841(a). publican Member, and Cochran, an Agri- culture Committee member, makes it unmis- lished rule of statutory construction that Accordingly, reading the above provisions takably clear that the section 11 cap was not statutes should be construed harmoniously harmoniously, we conclude that: (1) the sec- meant to apply to the provision of technical so as to give maximum effect to both when- tion 11 cap by its own terms applies only to assistance with respect to any of the con- ever possible. B–259975, Sept. 18, 1995, 96–1 CCC funds transferred to other agencies CPD § 124; B–258163, Sept. 29, 1994. Based upon servation programs named in 16 U.S.C. under section 11; (2) 16 U.S.C. § 3841(a) pro- § 3841(a): the language of the relevant statutes, we can vides independent authority for the Sec- read the statutes in a harmonious manner, ‘‘Mr. LUGAR. Mr. President, I wish to en- retary to fund the seven conservation pro- gage in a colloquy with the distinguished and, in doing so, we conclude that the sec- grams named in that section out of CCC Senators from Iowa and Mississippi. Mr. tion 11 cap does not apply to technical as- funds; and (3) 16 U.S.C. § 3841(b) makes it President, the 1996 farm bill contained a pro- sistance provided under the section 3841 con- clear that, while the section 11 cap still ap- vision which led to serious disruption in the servation programs. plies to funds transferred by the CCC to delivery of conservation programs. Specifi- The section 11 cap is set fort in 15 U.S.C. other government agencies for work per- cally, the 1996 act placed a cap on the trans- § 714i, which states, in pertinent part: formed pursuant to the authority of section fers of Commodity Credit Corporation funds ‘‘The Corporation may, with the consent of 11, the section 11 cap does not apply to the to other government entities. Is the distin- the agency concerned, accept and utilize, on seven conservation programs that are funded guished Senator from Iowa aware of the so- a compensated or uncompensated basis, the with CCC funds under the authority of 16 called ‘‘section 11 cap?’’ officers, employees, services, facilities, and U.S.C. § 3841(a). Mr. HARKIN. I thank the Senator from In- information of any agency of the Federal Our conclusion that the section 11 cap does diana for raising this issue, because it is an Government, including any bureau, office, not apply to the seven conservation pro- important one. The Section 11 cap prohibited administration, or other agency of the De- grams of section 3841(a) is confirmed by a re- expenditures by the Commodity Credit Cor- partment of Agriculture.... The Corpora- view of the legislative history of the 2002 poration beyond the Fiscal Year 1995 level to tion may allot to any bureau, office, admin- Farm Bill, which shows that the Congress reimburse other government entities for istration, or other agency of the Department was attempting to make clear that section services. Unfortunately, in the 1996 farm bill, of Agriculture or transfer to such other 3841 technical assistance was not affected by many conservation programs were uninten- agencies as it may request to assist it in the the section 11 cap. The legislative history to tionally caught under the section 11 cap. As conduct of its business any of the funds the 2002 Farm bill unambiguously supports a result, during the past 6 years, conserva- available to it for administrative expenses the view that the Congress did not intend the tion programs have had serious shortfalls in . . . After September 30, 1996, the total section 11 cap to limit the funding for tech- technical assistance. There was at least one amount of all allotments and fund transfers nical assistance provided under the section stoppage of work on the Conservation Re- from the Corporation under this section (includ- 3841 conservation programs. In discussing serve Program. The Appropriations Commit- ing allotments and transfers for automated the cap, the Conference Committee stated: tees have had to respond to the problem ad data processing or information resource ‘‘The Managers understand the critical na- hoc by redirecting resources and providing management activities) for a fiscal year may ture of providing adequate funding for tech- emergency spending to deal with the prob- not exceed the total amount of the allot- nical assistance. For that reason, technical lem. This has been a problem not just in my ments and transfers made under this section assistance should come from individual program state of Iowa or in your states of Indiana and in fiscal year 1995.’’ funds.’’ H.R. Conf. Rep. No. 107–424 at 497 Mississippi; it has been a nationwide con- (Emphasis added.) We note that the section (May 1, 2002) (emphasis added). In discussing straint on conservation. 11 funding limitation applies only to funds administration and funding of these con- Mr. COCHRAN. I thank the Chairman for transferred by the CCC to other agencies servation programs, the Conference Com- the clarification, and I would inquire wheth- under the authority of section 11. mittee further explained that: er the legislation under consideration here The 2002 Farm Bill, which amended sub- ‘‘The Managers provide that funds for tech- today will fix the problem of the section 11 section (a) of section 3841, directs the Sec- nical assistance shall come directly from the cap for conservation programs. retary to use CCC funds to carry out the mandatory money provided for conservation Mr. HARKIN. I thank the Senator from WRP and the FPP and five other conserva- programs under Subtitle D, (Section 2701). Mississippi for his attention to this impor- tion programs, including the provision of In order to ensure implementation, the tant issue. Section 2701 [16 U.S.C. § 3841] of the technical assistance as part of these pro- Managers believe that technical assistance Farm Security and Rural Investment Act of 2002 grams. As amended, 16 U.S.C. § 3841 provides, must be an integral part of all conservation recognizes that technical assistance is an inte- in pertinent part, as follows: programs authorized for mandatory funding. gral part of each conservation program. There- ‘‘For each of fiscal years 2002 through 2007, Accordingly, the Managers have provided for fore, technical assistance will be funded the Secretary shall use the funds, facilities, the payment of technical assistance from through the mandatory funding for each pro- and authorities of the Commodity Credit program accounts. The Managers expect gram provided by the bill. As a result, for di- Corporation to carry out the following pro- technical assistance for all conservation pro- rectly funded programs, such as the Conserva- grams under subtitle D (including the provi- grams to follow the model currently used for tion Security Program (CSP) and the Envi- sion of technical assistance): the EQIP whereby the Secretary determines, ronmental Quality Incentives Program on an annual basis, the amount of funding (EQIP), funding for technical assistance will * * * * * come from the borrowing authority of the Com- for technical assistance. Furthermore, the (2) The wetlands reserve program under modity Credit Corporation, and will no longer Managers intend that the funding will cover subchapter C of chapter 1. be affected by section 11 of the CCC Charter costs associated with technical assistance, Act. * * * * * such as administrative and overhead costs.’’ For those programs such as the CRP, WRP, (4) The farmland protection program under H.R. Conf. Rep. No. 107–424 at 498–499 (2002) and the Grasslands Reserve Program (GRP), subchapter B of chapter 2, using, to the max- (Emphasis added). which involve enrollment based on acreage, imum extent practicable—(A) $50,000,000 in The ‘‘EQIP model’’ that the conferees re- the technical assistance funding will come fiscal year 2002 * * *’’ ferred to was established in the Federal Agri- from the annual program outlays appor- 16 U.S.C. § 3841(a) (emphasis added). Section culture Improvement and Reform Act of 1996, tioned by OMB-again, from the borrowing 3841 provides independent authority for the Pub. L. No. 104–127, Subtitle E, 341, 110 Stat. authority of the CCC. These programs, to will provision of technical services to these pro- 888, 1007 (1996) (1996 Farm Bill). For fiscal no longer be affected by section 11 of the CCC grams. years 1996 through 2002, the Secretary was to Charter Act. This legislation will provide the The 2002 Farm Bill also added a new sub- use CCC funds to carry out the CRP, WRP level of funding necessary to cover all tech- section (b) to section 3841. It is this provision and the Environmental Quality Incentives nical assistance costs, including training; that has generated the current dilemma: programs (EQIP). (Former 16 U.S.C. § 3841 equipment; travel; education, evaluation and ‘‘Nothing in this section affects the limit on (a)). More specifically, the 1996 Farm bill au- assessment, and whatever else is necessary expenditures for technical assistance im- thorized the Secretary to use CCC funds for to get the programs implemented.

VerDate jul 14 2003 05:56 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.035 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14133 Mr. LUGAR. I thank the Chairman for that tion programs. In other words, the Conserva- culture has previously concluded that the clarification. With the level of new resources tion Operations appropriation is available to Conservation Operations appropriation is not and new workload that we are requiring from continue financing for the FPP and the available to fund technical assistance with the Department, and specifically the Natural WRP, when, in OMB’s view, the section 11 respect to programs authorized under provi- Resources Conservation Service, I hear con- cap limits the availability of CCC funds for sions of the Food Security Act. Their rea- cerns back in my state that program deliv- those programs. We do not agree. soning tracks ours—the provisions of the ery should not be disrupted, and the gen- First, the Conservation Operations appro- Food Security Act are not among the stat- tleman has reassured me that it will not.’’ priation identifies specific programs that it utes cited in the Conservation Operations ap- 148 Cong. Rec. S3979, 4020 (daily ed. May 8, is available to fund, including the authority propriation. Memorandum from Stuart 2002) (emphasis added). to carry out the provisions of the Act of Shelton, Natural Resources Division to In our view, the Congress intended all April 27, 1935 (16 U.S.C. § 590a–f) cited by OMB Larry E. Clark, Deputy Chief for Programs, funding for the seven conservation programs above. However, none of the specific statu- Natural Resources Conservation Service and authorized in section 3841 (§ 2701 of the 2002 tory programs identified in the Conservation P. Dwight Holman, Deputy Chief for Manage- Farm Bill), including funding for technical Operations appropriation include the FPP or ment, Natural Resources Conservation Serv- assistance, to be mandatory funding drawn the WRP found in 16 U.S.C. §§ 3838h–3838i and ice, October 7, 1998 (Conservation Operations from individual program funds, rather than 3837–3737f, respectively. The FPP and the appropriation is not available to fund tech- from CCC’s administrative funds that are WRP were authorized by Title XII of the nical assistance for the Conservation Re- subject to the section 11 cap. Accordingly, Food Security Act of 1985, as amended, and search Program); GAO/RCED–99–247R, Con- based on the language of 3841, we conclude the provisions of the Food Security Act of servation Reserve Program Technical Assist- that the section 11 cap does not apply to 1985 are not among the statute listed in the ance, at 9 (Aug. 5, 1999). funds for technical assistance provided under Conservation Operations appropriation as an Thus, the Conservation Operations appro- the conservation programs enumerated in object of that appropriation. Thus, the Con- priation is not an available funding source section 3841. servation Operations appropriation by its for WRP and FPP operations and associated own terms does not finance Agriculture pro- technical assistance. To the extent that Ag- 2. Availability of the Conservation Operations grams and activities under the Food Secu- riculture might have used the Conservation Appropriation rity Act.67 Operations appropriation for WRP, Agri- The next issue is whether the Department Second, even if the language of the Con- culture would need to adjust its accounts ac- of Agriculture’s Conservation Operations ap- servation Operations appropriation could cordingly, deobligating amounts it had propriation is available for technical assist- reasonably be read to include the WRP and charged to the Conservation Operations ap- ance for the WRP and the FPP. As noted the FPP, section 3841, as amended by the 2002 propriation and charging those amounts to above, this issue arose when OMB advised Farm Bill, very specifically requires that the CCC funds. We note that in this event Agriculture that its Conservation Operations funding for technical assistance will come OMB would need to apportion additional appropriation could be used to fund this from the ‘‘funds, facilities, and authorities’’ amounts from CCC funds to cover such obli- technical assistance. For the reasons that of the CCC. Indeed, the statute is unequivo- gations. follow, we conclude that Agriculture may cal—the Secretary ‘‘shall use the funds’’ of 3. Impoundment Control Act not use its Conservation Operations appro- the CCC to carry out the seven conservation The last question is whether OMB’s July priation to fund the WRP and FPP. programs, including associated technical as- 18, 2002, decision not to apportion funds for The fiscal year 2002 Appropriation for the sistance. It is well settled that even an ex- technical assistance for the WRP and the Conservation Operations account provides in penditure that may be reasonably related to FPP constitutes an impoundment under the pertinent part: a general appropriation may not be paid out Impoundment Control Act of 1974. Based NATURAL RESOURCES CONSERVATION SERVICE of that appropriation where the expenditure upon the most recent information provided CONSERVATION OPERATIONS falls specifically within the scope of another by OMB, to the extent OMB did not initially ‘‘For necessary expenses for carrying out appropriation. 63 Comp. Gen. 433, 427–428, 432 apportion funds for the FPP or the WRP, the the provisions of the Act of April 27, 1935, (16 (1984); B–290005, July 1, 2002.8 deal was programmatic and did not con- U.S.C. 590a–f), including preparation of con- Third, this view is supported by the Senate stitute an impoundment of funds. Also, based servation plans and establishment of meas- colloquy on the 2002 Farm Bill Conference re- on information recently provided by OMB, ures to conserve soil and water (including port: no impoundment of funds is occurring with farm irrigation and land drainage and such ‘‘Mr. COCHRAN. It is then my under- respect to the FPP or the WRP. We generally define an impoundment as special measures for soil and water manage- standing that, under the provisions of this any action or inaction by the President, the ment as may be necessary to prevent floods bill, the technical assistance necessary to Director of OMB or any federal agency that and the siltation of reservoirs and to control implement the conservation programs will delays the obligation or expenditure of budg- agriculture related pollutants); operation of not come at the expense of the good work al- et authority provided in law. Glossary of conservation plant materials centers; classi- ready going on in the countryside in con- Terms Used in the Federal Budget Process, fication and mapping of soil; dissemination servation planning, assistance to grazing Exposure Draft, GAO/AFMD–2.1.1, Page 52 of information; acquisition of lands, water, lands, and other activities supported within (1993). However, our decisions distinguish be- and interests therein for use in the plant ma- the NRCS conservation operations account. And, further, this action will relieve the ap- tween programmatic withholdings outside terials program by donation, exchange, or the reach of the Impoundment Control Act purchase....’’ propriators of an often reoccurring problems. Mr. HARKIN. Both gentlemen are correct. and withholdings of budget authority that Pub. L. No. 107–76, 115 Stat. 704 at 717, 718 qualify as impoundments subject to the (2001). In addition to its availability to carry The programs directly funded by the CCC– EQIP, FPP, WHIP, and the CSP—as well as Act’s requirements. B–290659, July 24, 2002. out the provisions of the Act of April 27, 1935 Sometimes delays are due to legitimate pro- (16 U.S.C. § 590a–f), the fiscal year 2002 Con- the acreage programs—CRP, WRP, and the GRP—include funding for technical assistance gram reasons. Programmatic delays typi- servation Operations appropriation is also cally occur when an agency is taking nec- available to carry out a variety of other that comes out of the program funds. And this mandatory funding in no way affects the ongo- essary steps to implement a program even if specified programs such as those authorized funds temporarily go unobligated. Id. Such by 7 U.S.C. § 428a, 7 U.S.C. § 2209b, 7 U.S.C. ing work of the NRCS Conservation Operations Program.’’ delays do not constitute impoundments, and § 2250a, § 202(c) of title II of the Colorado do not require the sending of a special mes- River Basin Salinity Control Act of 1974 (43 148 Cong. Rec. S3979, 4020 (daily ed. May 8, sage to the House of Representatives and the U.S.C. § 1592(c)): section 706(a) of the Organic 2002) (emphasis added). Senate under 2 U.S.C. § 684(a). Id. Act of 1944 (7 U.S.C. § 2225), for employment This colloquy underscores the under- Here, OMB initially did not apportion under 5 U.S.C. § 3109 and 16 U.S.C. § 590e–2. standing that the 2002 Farm Bill specifically funds for WRP and FPP technical assistance OMB asserts that the language of the Con- requires that funding for technical assist- because it believed the section 11 cap was ap- servation Operations appropriation and the ance will come from the borrowing authority plicable and would be exceeded. OMB’s Gen- Act of April 27, 1935 cited therein are broad of the CCC and will not interfere with other eral Counsel states that OMB reserved appor- enough to encompass the technical assist- activities supported by the Conservation Op- tioning budget authority to discuss its fund- ance that Agriculture will provide under the erations appropriation. ing concerns with Agriculture. These funding WRP, the FPP and the other section 3841 Furthermore, before passage of the 1996 concerns generated a ‘‘vigorous and healthy conservation programs. Since the technical Farm Bill, which made a number of con- internal legal discussion’’ between the De- services provided by Agriculture under the servation programs, including the WRP, partment of Agriculture and OMB. Letter WRP and the FPP (and other section 3841 mandatory spending programs, the WRP re- from Nancy Bryson, General Counsel, De- conservation programs) fall within the gen- ceived a separate appropriation for that pur- partment of Agriculture to the Honorable eral purposes articulated in the fiscal year pose. In other words, before the 1996 farm bill Tom Harkin, Chairman, Senate Committee 2002 Conservation Operations appropriation, provided CCC funding to run the program, on Agriculture, Nutrition and Forestry, Sep- OMB considers the Conservation Operations the WRP was not funded out of the Conserva- tember 24, 2002. Since OMB delayed appor- appropriation as an additional available tion Operations appropriation. Pub. L. No. tionment of technical assistance funds be- source of funding for technical assistance 103–330, 108 Stat. 2453 (1994); Pub. L. No. 102– cause of uncertainty concerning the applica- provided as part of the section 3841 conserva- 142, 105 Stat. 897 (1991). Moreover, Agri- bility of statutory restrictions and since

VerDate jul 14 2003 05:56 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.037 S06PT1 S14134 CONGRESSIONAL RECORD — SENATE November 6, 2003 OMB approved Agriculture’s subsequent ap- ing the 2002 farm bill. We need to solve on it. We thought we had agreed on it. portionment requests, we conclude that OMB the problem this year. Supporting the We should go back to what we agreed did not impound funds under the Impound- amendment assures it will be raised to. ment Control Act. See B–290659, July 24, 2002 during conference. My amendment, a bipartisan amend- (delay in obligating funds because of uncer- We cannot allow this or any other ad- tainty whether statutory conditions were ment, does that. It tells the adminis- met did not constitute an impoundment). ministration, but especially one that tration to honor the 2002 farm bill by As noted above, according to OMB, Agri- has demonstrated total disregard for fully funding working lands conserva- culture recently submitted revised appor- the environment, to pick winners and tion programs. The failure to ade- tionment requests for technical assistance losers among the conservation pro- quately fund these working lands con- for both the FPP and the WRP, and OMB has grams. If we do not address this, we servation programs is having a dra- approved the revised apportionments. For will continue to rob Peter to pay Paul matic impact on both farmers and the the FPP, Agriculture requested an addi- and it defies the direct will of the Con- farm economy. tional apportionment for financial assist- gress—again, the direct will in an Mr. President, how much time is re- ance of $2 million, bringing the total amount agreement that was negotiated be- available for obligation to $50 million. Thus, maining to the senior Senator from the entire $50 million in FPP funds author- tween Republicans, Democrats, House, Vermont? ized by section 3841 have been apportioned. Senate, and the administration. We The PRESIDING OFFICER. Ten min- Since OMB advises that it has apportioned have tried to hold our end of the deal. utes 30 seconds. the full funding amount and that is available The administration has not. Mr. LEAHY. Mr. President, I reserve for obligation, these funds were not im- We provided $6.5 billion for working the remainder of my time. pounded for the FPP. lands programs in the 2002 farm bill. (At the request of Mr. DASCHLE, the As for the WRP funding, as noted above, on We want farmers to manage working following statement was ordered to be June 19, 2002, Agriculture asked OMB to ap- lands to produce our food and fiber but printed in the RECORD.) portion a total of $20,655,000 for WRP tech- also to enhance water quality and to ∑ nical assistance. OMB did not apportion this Mr. KERRY. Mr. President, today I amount. SF 132, Apportionment and Re- enhance wildlife habitat. We are trying submit into the RECORD a statement apportionment Schedule for Farms Security to put together a win-win situation: We regarding my position on an amend- and Rural Investment Programs, Account enhance our water, improve wildlife ment offered by Senators LEAHY and No. 1221004, July 18, 2002. On August 30, 2002, habitat, and we still raise our food and SNOWE to the agriculture appropria- Agriculture requested an apportionment of fiber. tions bill. Their bipartisan amendment WRP (and CRP) technical assistance for to- For example, EQIP helps share the was aimed at preventing the USDA taling $5,950,000. SF 132, Apportionment and cost of a whole lot of land management from using funds from working lands Reapportionment Schedule for Commodity practices that help the environment, incentive programs to pay for the tech- Credit Corporation Reimbursable Agree- including more efficient use of fer- ments and Transfers to State and Federal nical assistance costs of the Conserva- Agencies, Account No. 12X4336. On Sep- tilizers and pesticides, and greater use tion Reserve Program. Although I sup- tember 3, 2002, OMB approved this request of innovative technologies to handle ported the amendment from Senators and apportioned $5,950,00. Id. Since OMB ap- animal waste. It gives farmers the LEAHY and SNOWE, I believe it under- portioned the budget authority for the WRP tools they need. scores the urgent need to prioritize and it was made available for obligation, Every farmer and rancher I have conservation funding and ensure that there was no impoundment of funds in fiscal heard from wants the money there. all conservation programs authorized year 2002. Every farmer and rancher I have heard in the 2002 farm bill, from the Grass- While the present record does not establish from says: How come we are not fol- land Reserve Program to the Conserva- an impoundment of the fiscal year 2002 funds lowing what the law requires? tion Reserve Program, receive full appropriated for the WRP and the FPP, we If we continue to divert money, we will continue to monitor this situation to funding. Robbing one important pro- ensure that any impoundment that might are going to see programs such as EQIP, WHIP, and FRPP continue to gram to pay for another does not help occur in fiscal year 2003 for conservation pro- us achieve our collective goal of im- grams is timely reported. face significant backlogs. Let me show you this chart. This proving conservation on farmlands and We hope you find this information useful. ∑ If you have any questions, please contact gives you an example of the unfunded in rural communities. Susan Poling, Managing Associate General applications. The PRESIDING OFFICER. The Sen- Counsel, or Thomas Armstrong, Assistant In fiscal year 2002, USDA reported a ator from Utah. General Counsel, at 202–512–5644. We are $500 million backlog in the State of Mr. BENNETT. Mr. President, I ap- sending copies of this letter to the Secretary Texas, as I look at this chart. The na- preciate the intent of the amendment of Agriculture, Director of the Office of Man- tional total is almost $1.5 billion— my colleague from Vermont is offering. agement and Budget, the Chairmen and $1,486,000,944. There is a $17 million It is an attempt to ensure USDA will Ranking Minority Members of the House and backlog in Arkansas, a $20 million carry out mandatory conservation pro- Senate Agriculture Committees and other grams as Congress intended in the farm interested Congressional committees. This backlog in California, a $36 million letter will also be available on GAO’s home backlog in Florida, a $66 million back- bill, as he has explained. page at http//www.gao.gov. log in Kansas, a $200 million backlog in However, the effect of the Leahy ANTHONY H. GAMBOA, Missouri, a $106 million backlog in Ne- amendment would be to freeze the larg- General Counsel. braska and, as I said, a $500 million est conservation program, the Con- Mr. LEAHY. This bipartisan amend- backlog in Texas. servation Reserve Program, until a ment simply overrides the USDA deci- My little State of Vermont has a $7 permanent fix for the problem the Sen- sion and prevents funds from the Work- million backlog. But look how much ator has outlined has been found. ing Lands Incentive Programs such as bigger it is in the rest of these States. I am not a member of the authorizing EQIP, FRPP, GRP, and WHIP from So we have to go back. We know 70 per- committee, but I am told by many who being diverted. We are simply saying cent of the American landscape is pri- are this was not the intent of Congress, USDA should follow the law as any vate land. We know farming dramati- that they are not anxious to have the other Department has to follow the cally affects the health of America’s Conservation Reserve Program frozen law. rivers, lakes, and bays. We have to go for any reason, for any purpose, so the I have been in the Senate a long back to what we agreed when we passed Leahy amendment is opposed by many time. I have been a member of the Sen- the farm bill. members of the authorizing com- ate Agriculture Committee for nearly When farmers and ranchers take mittee, including its chairman, Sen- 30 years. I am a former chairman of steps to improve air and water quality ator COCHRAN. that committee. I have long been an or assist rare species, they face new I asked Senator COCHRAN if he would advocate for the CRP program. Some of costs, new risks, or a loss of income. be interested in speaking on this my colleagues may be concerned how These conservation programs help amendment, and he smiled and very this impacts CRP. share these costs, underwrite these graciously delegated that responsi- I assure everyone the amendment is a risks, or offset these losses of income. bility to me. I am grateful for the con- first step toward solving the dilemma It helps our farmers and ranchers. fidence, but I feel less equipped perhaps the administration put us in by ignor- They want it. They thought we agreed than the chairman himself might be.

VerDate jul 14 2003 06:11 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.039 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14135 Nonetheless, the effect of the Leahy Senator from Vermont chaired at one for; Florida, $36 million; if you are amendment would mean money would point, the Committee on Agriculture, from Iowa, you have $30 million you flow out of EQIP, WHIP, FRPP, and Nutrition, and Forestry. The chairman are looking for but have not received. other programs to pay for the technical of that committee has also expressed If you are from Kansas, you have back- assistance for the Wetlands Reserve his opposition to this amendment. logs of $66 million; Louisiana, $11 mil- Program. Many members of the au- Because I am not a member of the lion; Missouri, $200 million; Nebraska, thorizing committee, along with con- committee, I am not equipped to get $106 million; Montana, $52 million; servation groups and farm groups, into all of the details pro and con, Oklahoma, nearly $25 million; Ten- agree there is a problem, but not that other than to stand here as a surrogate nessee, $21 million; West Virginia, $15 there is a consensus as to how to solve for the chairman and say I believe this million. the problem. belongs in the authorizing committee Obviously, every Senator can vote The Senator from Vermont has of- and not on this appropriations bill. For any way he or she wants, but I don’t fered one proposal. But as yet, within that reason, I intend to vote against it. know, if I were from a State that had the authorizing committee, there is I understand a large number of mem- a backlog of $10 million, as Alabama not a great deal of support for that pro- bers of the Agriculture Committee also does, or $30 million, as Arizona does, or posal that I am aware of. intend to vote against it. $17 million, as Arkansas does, or $35 Mr. LEAHY. Will the Senator yield? I do not have an argument, as I say, million, as Colorado does, or $36 mil- Mr. BENNETT. I am happy to yield. with the substance of the problem. The lion, as Florida does, or $30 million, as Mr. LEAHY. During the debate on Senator from Vermont is correct when Iowa does, or $66 million, as Kansas the farm bill, there was a colloquy. The he talks about the fact that we have a does, or $12 million, as Louisiana does, distinguished senior Senator from Mis- problem or the problem needs to be ad- or $200 million, as Missouri does, or $51 sissippi, Mr. COCHRAN, asked the then- dressed. I am simply opposing the million, as Montana does, $106 million, chairman of the Senate Agriculture amendment on the grounds this is not as Nebraska does, $500 million, as Committee ‘‘whether the legislation the vehicle with which to do it, and the Texas does, or $25 million, as Okla- under consideration here today will fix particular approach he has adopted homa does, or $8 million, as Pennsyl- the problem of the section 11 cap for does not enjoy a consensus that would vania does, I think I might want to conservation programs.’’ justify us going forward at this par- vote for this and not go back and tell The Senator from Iowa responded it ticular time. my State, ‘‘Sorry.’’ would, and he said: I would hope he would be able to I ask unanimous consent to print in As a result, for directly funded programs, craft a solution that would enjoy that the RECORD the fiscal year 2002 EQIP such as the Conservation Security Program kind of consensus, and that we could unfunded applications that we now and the Environmental Quality Incentives return to this issue as a Senate and get face. Program, funding for technical assistance it resolved at some point in the future. There being no objection, the mate- will come from the borrowing authority of Mr. LEAHY. Mr. President, I appre- rial was ordered to be printed in the the Commodity Credit Corporation. . . . For programs such as the CRP, WRP, and ciate what the Senator from Utah has RECORD, as follows: the Grasslands Reserve Program . . . funding said. He is a dear friend of mine. I try will come from the annual program outlays to emulate him so much, I even go to FY–2002 EQIP UNFUNDED APPLICATIONS . . . from the borrowing authority of the the same barber as he does. But in his State FY–2002 Backlog CCC. State, Utah, they are $4.753 million be- Alabama ...... $10,244,510 This was all carefully worked out. hind what they thought they had been Alaska ...... 4,164,056 This GAO report shows it was the in- promised. Arizona ...... 30,581,190 I couldn’t agree more. I have been on Arkansas ...... 17,689,860 tent of Congress to do it the way we California ...... 19,911,881 are funding. Unfortunately, there are the Appropriations Committee for Colorado ...... 35,966,766 more than a quarter of a century. I Connecticut ...... 7,135,488 those at the Department of Agriculture Delaware ...... 2,618,440 who will admit that privately but will don’t like to see problems fixed in the Florida ...... 36,467,046 Appropriations Committee that could Georgia ...... 14,021,176 not admit it publicly. Hawaii ...... 2,327,794 We are just trying to put the money have been fixed in the authorizing com- Idaho ...... 9,064,742 mittee. But we did fix it in the author- Illinois ...... 16,836,480 back where it was. We are not trying to Indiana ...... 4,733,120 rob any of the others. I am saying they izing committee. We did put in a GAO Iowa ...... 29,066,020 study. A colloquy between Senator Kansas ...... 66,157,013 should get the money it was said they Kentucky ...... 4,080,336 would get. COCHRAN and Senator HARKIN and oth- Louisiana ...... 11,786,034 As we showed, in Texas alone, we ers makes it very clear we fixed it Maine ...... 6,167,328 Maryland ...... 2,524,905 have a $500 million deficit they as- there. It is USDA that is not following Massachusetts ...... 2,008,260 sumed had been promised to them. But the law. Michigan ...... 6,839,033 Minnesota ...... 13,581,380 now, because the reallocation is not That is why Texas is behind $500 mil- Mississippi ...... 10,331,727 going there, hunters, those who fish, lion in this area, Nebraska is behind Missouri ...... 200,343,682 Montana ...... 51,678,240 farmers, ranchers—they all agree they $106 million, and Missouri is behind Nebraska ...... 106,772,528 ought to get the money they asked for. $200 million. I will just read some of Nevada ...... 1,366,340 New Hampshire ...... 2,363,200 They are good stewards of their land, these figures. I hope people understand New Jersey ...... 15,879,913 but a lot of the applications to make this is not an attack on the CRP pro- New Mexico ...... 30,194,736 New York ...... 13,321,362 sure they are good stewards of the land gram. I support CRP. I voted many North Carolina ...... 8,192,823 came about because we promised them times for the CRP in 29 years. What North Dakota ...... 10,774,308 Ohio ...... 14,921,919 the money, and now we are pulling it this amendment does is prevent the ad- Oklahoma ...... 24,688,762 back. That is my concern. The GAO ministration from raiding other con- Oregon ...... 15,827,422 Pacific Basin ...... 34,185 study makes it very clear it was in- servation programs. Unfortunately, the Pennsylvania ...... 8,316,990 tended this way. administration pits conservation pro- Puerto Rico ...... 740,709 Rhode Island ...... 551,043 I thank the Senator for yielding to grams against one another. What they South Carolina ...... 15,288,390 me to point that out. should do is take it out of the CCC ac- South Dakota ...... 14,666,850 Tennessee ...... 21,413,600 The PRESIDING OFFICER. The Sen- count, as we said in the law. Texas ...... 502,051,618 ator from Utah. But I hope when Senators vote, they Utah ...... 4,753,280 Vermont ...... 7,960,070 Mr. BENNETT. Mr. President, I am realize, if they are from Arizona, they Virginia ...... 6,236,576 not arguing, and I do not know anyone have $30 million in their State’s EQIP Washington ...... 6,365,088 West Virginia ...... 14,915,086 who is arguing, that we do not have a unfunded application. If you are from Wisconsin ...... 8,334,480 problem, nor am I arguing the Congress Arizona, you have $30 million that your Wyoming ...... 14,686,650 ought to ignore it or put it off. How- farmers are looking for. If you are from Total ...... 1,486,944,435. ever, I do believe it is a fix that ought Alabama, you have $10 million they are to be crafted in the Senate authorizing looking for. If you are from Colorado, Mr. LEAHY. Mr. President, the Sen- committee, the committee which the you have $36 million you are looking ator from Utah is back. If he would

VerDate jul 14 2003 04:18 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.105 S06PT1 S14136 CONGRESSIONAL RECORD — SENATE November 6, 2003 like, I would be prepared to yield back for 5 minutes on the Leahy amendment Mr. REID. Mr. President, further, fol- all time. I do ask for the yeas and nays and 5 minutes on the Daschle amend- lowing the cleared amendments, all on the amendment. ment. It is my understanding Senator Members can be ready for a vote on The PRESIDING OFFICER. Is there a DASCHLE wishes to speak prior to the final passage because I also ask unani- sufficient second? vote on his amendment. mous consent that there be no further There appears to be and there is. Mr. BENNETT. It is my under- amendments in order other than those The yeas and nays were ordered. standing that he does as well. We are mentioned, including the amendments The PRESIDING OFFICER. The Sen- working all of that out. cleared by the two managers. ator from Nevada. Mr. REID. He wanted 10 minutes on The PRESIDING OFFICER. Without Mr. REID. One thing I want to bring that. objection, it is so ordered. to the attention of the Senate now: In Mr. BENNETT. We will work that The Senator from Pennsylvania is today’s Congress Daily PM—meaning out in a way that will protect every recognized. the afternoon edition—the second para- Senator’s rights. But to move us along AMENDMENT NO. 2080 graph communicates: now, time having been yielded back on Mr. SPECTER. Madam President, I Democrats block consideration late the Leahy amendment, I would ask ask unanimous consent that we now Wednesday of fiscal year 2004 military con- that the Chair recognize the Senator consider my amendment No. 2080, struction conference report. from Pennsylvania for 15 minutes to which is pending. I want the record to be spread that lay down his amendment. During that The PRESIDING OFFICER (Ms. MUR- that simply is not true. Whoever gave 15-minute period, we will codify all of KOWSKI). Without objection, it is so or- this reporter this information was ei- these various agreements and bring dered. ther trying to mislead the reporter or that unanimous consent request for- Mr. SPECTER. Madam President, simply didn’t know what they were ward. this amendment provides that none of talking about. There was never any ef- Mr. REID. It seems we should get the funds made available by this act fort made last night to move the mili- this tied down very quickly. I don’t see may be used to pay the salaries or ex- tary construction bill in any way. We why we can’t do that. penses of employees of the Department are ready to move this at any time. We Mr. BENNETT. It is my intention. of Agriculture to allocate the rate of believe the conference reports which Mr. REID. Why don’t we do it right price support in a manner that does have been completed—Military Con- now. It is my understanding we are not support the price of milk in accord- struction, Energy and Water; those are going to vote on Daschle, Leahy, and ance with section 1501(b) of the Farm the two I know of—should be com- final passage; is that correct? Security and Rural Investment Act of pleted immediately. Mr. BENNETT. It was my intention 2002. I want everyone to understand, not to vote on Leahy first. That bill provides, in unequivocal last night nor any other time have we Mr. REID. Leahy, Daschle, and then terms, that the price of milk shall be ever blocked consideration of the fiscal you have some amendments you need supported at the rate equal to $9.90 per year 2004 Military Construction appro- to clear. hundredweight for milk containing 3.67 priations conference report. In fact, Mr. BENNETT. Then I have some percent butterfat. not only did we not block it, no one perfecting amendments and then final On July 8, 20 Senators wrote to the asked us to participate in anything passage. Secretary of Agriculture calling on the dealing with that conference report. I Mr. REID. I would ask unanimous Secretary to observe the law with re- wish they had. I hope maybe tonight consent that Senator SPECTER be rec- spect to that pricing. I ask unanimous we can do something about this. ognized to speak for 15 minutes on his consent that the text of this letter be The PRESIDING OFFICER. The Sen- amendment and that that be deter- printed in the RECORD. ator from Utah. mined by a voice vote, as approved by There being no objection, the mate- Mr. BENNETT. Mr. President, we are the two managers; that following that, rial was ordered to be printed in the currently drawing up a unanimous con- Senator HARKIN be recognized to speak RECORD, as follows: sent request that would lock down the for 5 minutes for the Leahy amend- U.S. SENATE, time. Does the Senator from Vermont ment and 5 minutes for Senator Washington, DC, July 8, 2003. yield back the remainder of his time? DASCHLE’s amendment, and Senator Hon. ANN VENEMAN, Secretary of Agriculture, Department of Agri- Mr. LEAHY. If the Senator from DASCHLE be recognized for 10 minutes; Utah intends to, yes, I will. culture, Washington, DC. and following that, there be votes on or DEAR SECRETARY VENEMAN: We are writing Mr. BENNETT. The Senator from in relation to both amendments, Leahy in support of the National Milk Producer Utah is willing to yield back the re- being first; and that there be no sec- Federation’s request for immediate action mainder of the time in opposition to ond-degree amendments in order to ei- concerning the Commodity Credit Corpora- the Senator’s amendment. We have an ther amendment. tion, CCC, purchase prices for dairy prod- amendment that will be offered by the Mr. BENNETT. The Senator has sum- ucts. Since the current prices reflect only Senator from Pennsylvania on which it marized the situation very well, as he those costs incurred for commercial sales, is my intention to have a voice vote always does. I hope the Senate will the market price for individual products has and accept. We are getting the exact fallen below support levels, thus allowing the agree to that unanimous consent re- price of milk used to produce them to fall language, but it is my intention that quest. below the statutory support level for milk of the Senator from Pennsylvania be The PRESIDING OFFICER. Is there $9.90 per hundredweight. Accordingly, it is given 15 minutes. objection? imperative that action be taken to adjust I would ask if Senator HARKIN is still Mr. HARKIN. Mr. President, reserv- the support program purchase price levels planning to come over to take his 15 ing the right to object, I was trying to for cheese, butter and nonfat dry milk to re- minutes of debate on the Daschle hear that. I ask for at least 10 minutes flect the significant additional costs manu- amendment. If he is, that would mean on the Leahy amendment and 10 min- facturers face when selling products to CCC. we could vote on the Leahy amend- Class III milk prices have fallen below the utes on the Daschle amendment. I may milk price support level, and cheese prices ment and the Daschle amendment and not take it all. have fallen below their respective CCC pur- then on final passage around 5:30. Mr. REID. Mr. President, I so modify chase price levels, because the CCC dairy Mr. REID. If I could say to my friend, my request to the Senate. commodity purchase prices do not com- Senator HARKIN originally wanted to The PRESIDING OFFICER. Is there pensate for the significant additional costs take 15 minutes on the Daschle amend- objection to the modification? manufacturers face when they sell products ment. But now what he would like to Mr. BENNETT. Mr. President, I ask a to the CCC. As a result, manufacturers often do is take 5 minutes on the Leahy further modification: That I be given sell dairy commodities to commercial cus- amendment and 5 minutes on the tomers at prices well below the CCC support an additional 5 minutes, if necessary, purchase prices. During the months for Daschle amendment. So we actually for a response. which the Class III prices have fallen below save 5 minutes in the process. I hope The PRESIDING OFFICER. Is there support, market prices for cheddar block and that we can agree at this stage that objection? barrel cheese have been several cents below Senator HARKIN be recognized to speak Without objection, it is so ordered. their respective support purchase prices.

VerDate jul 14 2003 04:18 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.108 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14137 Without question, our dairy farmers are $9.90. Cheese prices have increased because effect accepted, if that is still agree- suffering and need our help. Congress has May and June milk production was below a able to the distinguished Senator from done its part through enactment of the Farm year ago, and there is concern in the market Utah. Bill. It is now time for your Department to that cheese stocks are inadequate. Mr. BENNETT. I thank the Senator We concur that there are extra costs to sell follow through and ensure that the price sup- from Pennsylvania. I believe that, in port program operates as we intended. The cheese to CCC when compared to the com- adjustments outlined above can move us a mercial market. However, the fact is, even the interest of time, a voice vote would long way toward accomplishing this vital under current conditions and prices, CCC be sufficient. I think we should have a goal. purchased an average of 1.4 million pounds of voice vote rather than just accept the Thank you for your time and attention to cheese per week in January through June. amendment by unanimous consent, so this matter. We look forward to a timely re- To address industry’s concerns, USDA offi- that the record does show that a for- sponse. cials have met with representatives of the mal vote took place. Sincerely, National Milk Producers Federation and the Mr. SPECTER. I ask for the voice Arlen Spector; Jack Reed; Barbara A. International Dairy Food Association to dis- vote on the amendment. Mikulski; Max Baucus; Russel D. Fein- cuss the issue. USDA continues to evaluate gold; Paul Sarbanes; Frank Lauten- the situation to determine if any action is The PRESIDING OFFICER. The berg; Jim Jeffords; Patty Murray; Ted required under USDA’s milk price support question is on agreeing to the amend- Kennedy; Patrick Leahy; program. Your comments will be taken into ment. Charles Schumer; Mark Dayton; Tim consideration as we consider these choices. The amendment (No. 2080) was agreed Johnson; Susan Collins; Olympia Again, thank you for your letter. A similar to. Snowe; Joe Biden; John F. Kerry; Hil- letter is being sent to your colleagues. Mr. SPECTER. Madam President, I lary Rodman Clinton; Herb Kohl; Nor- Sincerely, move to reconsider the vote. man Coleman. J.B. PENN, Mr. BENNETT. I move to lay that Mr. SPECTER. Madam President, I Under Secretary, Farm and Foreign motion on the table. Agricultural Services. The motion to lay on the table was was lead signatory of the letter. No Mr. SPECTER. Madam President, the Senator had received a reply, until agreed to. consequence has been that the class III Mr. SPECTER. Madam President, I today, when we were given a copy of a price of milk used to make cheese has letter dated August 13, 2003—that is a thank the Chair and the Senator from been below the $9.90 support price 17 Utah and the Senator from Wisconsin. date stamp, not the date of the letter, times since January 2000 and has been which purports to respond to that let- The PRESIDING OFFICER. Who as low as $8.57 in November 2000 and yields time? ter. $9.11 in February 2003. In effect, the letter from J.B. Penn, The Senator from Iowa is recognized. The Secretary might make an argu- Mr. HARKIN. I understand I am al- Under Secretary, Farm and Foreign ment that the average price isn’t at Agriculture Services, concedes that the lowed 10 minutes to speak on the $9.90, but factually that argument Leahy amendment. law was not being followed. The rel- could not be made. What we are doing evant portion reads, in part: The PRESIDING OFFICER. The Sen- essentially is asking the Secretary of ator is correct. [W]e appreciate your concern that many Agriculture to observe the law. It Mr. HARKIN. Madam President, dairy sector representatives believe that doesn’t seem to me that that is too cheese manufacturers are reluctant to sell to first, I commend the Senator from CCC, which, in turn, causes monthly Class much to ask. We are not trying to re- Vermont for raising the issue of fund- III milk prices (milk use for cheese) to fall write the substantive law on milk pric- ing for technical assistance for farm below the $9.90 per hundredweight price sup- ing because it was enacted in 2002. But bill conservation programs. The tech- port level. we are utilizing this appropriations bill nical assistance, as provided by the Omitting some language not directly to require that the Secretary observe staff of the Natural Resource Conserva- relevant, the concluding sentence of the law, with the interdiction that she tion Service and other qualified pro- the paragraph is: cannot spend any money under this bill viders such as engineers or The perception is that these additional re- unless she does observe the law with agronomists, includes planning, design- quirements and the requisite costs lead to respect to this milk price. ing, construction and implementation the reluctance. We have had a considerable discus- of conservation practices on agricul- I ask unanimous consent that that sion back and forth as to whether the tural land—this assistance is essential letter be printed in the RECORD. amendment would be accepted. I am to allow farmers, ranchers, and land- There being no objection, the mate- prepared to vote on it, but I don’t want owners to carry out conservation prac- rial was ordered to be printed in the to burden the record with a vote. I say tices. RECORD, as follows: to the distinguished chairman of the This amendment, as I understand it, UNITED STATES subcommittee of the distinguished Ap- would cut off funding for technical as- DEPARTMENT OF AGRICULTURE, propriations Committee, where I have sistance for the Conservation Reserve Washington, DC, August 13, 2003. served with the Senator from Utah for Program. For that reason, I cannot Hon. ARLEN SPECTER, the past 13 years, in the absence of a support the amendment. U.S. Senate, Hart Senate Office Building, recorded vote, which I think would be Cutting off technical assistance Washington, DC. overwhelming, I am prepared to accept would effectively preclude new enroll- DEAR SENATOR SPECTER: On behalf of Sec- retary Veneman, thank you for your letter a voice vote. But I would like assur- ments in the CRP program, including of July 8, 2003, jointly signed by your col- ances that the manager will fight to the continuous CRP and the Conserva- leagues, regarding the Commodity Credit keep this in conference. tion Reserve Enhancement Program, Corporation (CCC) dairy product purchase Mr. BENNETT. Madam President, I otherwise known as CREP, thus hurt- prices. will respond to the Senator by telling ing the environment, wildlife, and land We appreciate your concern that many him I am in favor of his amendment owners. dairy sector representatives believe that and will carry that attitude into con- Mr. LEAHY. Madam President, will cheese manufacturers are reluctant to sell to CCC, which, in turn, causes monthly Class ference and do the best I can to see to the Senator yield on that point just for III milk prices (milk used for cheese) to fall it that it survives. 20 seconds? below the $9.90 per hundredweight price sup- Mr. SPECTER. This may be risky, Mr. HARKIN. I only have 10 minutes. port level. As you know, CCC has require- but I direct the same question to the I will have to ask for more time if I ments in addition to those of commercial distinguished ranking member, the can. sales, primarily for packaging materials, ad- Senator from Wisconsin, my long- Mr. LEAHY. I wanted to point out ditional storage, additional financing, and standing friend, Mr. KOHL. this amendment doesn’t take it out of Department of Agriculture (USDA) grading. Mr. KOHL. I feel as does Senator the CRP. As the Senator knows—he The perception is that these additional re- BENNETT. I will do my best to see that serves on the Agriculture Committee— quirements and requisite costs lead to the it stays in conference. I have been a strong supporter of CRP reluctance. Cheese prices have increased in recent Mr. SPECTER. That is very assuring. straight through. It is just that the weeks to $1.59 per pound. This is 46 cents per I am delighted to proceed, as I have original farm bill took it out of CCC. pound above the CCC purchase price and will discussed with the managers, to have a What is happening now is the admin- result in a July Class III milk price above voice vote and have the amendment in istration is playing one off against the

VerDate jul 14 2003 04:18 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.053 S06PT1 S14138 CONGRESSIONAL RECORD — SENATE November 6, 2003 other with these various conservation As a result, funds from the dollar-lim- all; nothing more, nothing less. The programs instead of going to CCC like ited conservation programs are now reason I care this much about it is that they are supposed to. All my amend- used to pay for technical assistance for it was pointed out during the farm bill ment says is not to take it out of all the conservation programs, includ- debate that the bulk of the money was CRP—I am a strong supporter of CRP— ing the Conservation Reserve Program going to the Midwest, yet the tax dol- but allow the Farm Bill to stand and and the Wetlands Reserve Program, lars were coming from much more pop- take it out of CCC as they were sup- which are acreage limited programs. ulous States, mostly through the posed to in the first place. Senator LEAHY, I believe, is correct Northeast, to pay for it. Almost all the Mr. HARKIN. I appreciate the expla- that we now have a situation in which money was going to the Midwest and nation of the Senator from Vermont. money that the farm bill provided for other farm areas, but this is the one As I understand it, I ask the Senator some conservation programs is being area that we got anything. from Vermont, does this not prevent diverted to pay for technical assistance EQIP is the only area where the the transfer of money from donor pro- for others. Because of this problem, Northeast States get some assistance— grams? there is less conservation money going so it doesn’t sound parochial, the back- Mr. LEAHY. This amendment simply to producers and landowners than was log in my State is less than $8 million. follows the farm bill, and the distin- intended or provided in the farm bill. The backlog in Iowa is about $29 mil- guished Senator from Iowa was the In fiscal year 2003, almost $91 million lion. We just want to build the firewall. chairman of that conference for the in conservation funds were lost because That is all. Senate. It was the farm bill on which that amount of money was taken from When the Congress, in a bill that had we agreed. some programs and used to provide been debated for weeks and negotiated Mr. HARKIN. I could be wrong. I technical assistance for other pro- for weeks, tells the Department of Ag- want to understand, if I can make a grams. If the White House had imple- riculture to do something, I like to few more comments, and let the Sen- mented the farm bill as intended and as think they are going to do something. ator from Vermont see if this is a cor- we got the opinion from the general GAO says they are not following our rect interpretation. Prior to the pas- counsel at USDA, this would not have clear intent. sage of the farm bill in 2002, there was happened. Mr. HARKIN. I agree with the Sen- a shortage of technical assistance fund- However, two wrongs don’t make a ator that USDA should have followed ing because the 1996 farm bill limited right, and my problem, as I understand the farm bill and the White House sim- technical assistance funding to that it, with the Leahy amendment—and I ply choose not to do so. amount available under section 11 of stand to be corrected by the author of Mr. LEAHY. What we are saying is the CCC. That was $56 million a year. the amendment—is that what would just build the firewall, not rob Peter to This became known as the section 11 happen under this amendment is it pay Paul from these conservation pro- cap. would effectively mean that under the grams, especially CRP, which I sup- The 2002 farm bill corrected this Conservation Reserve Program, we port. CRP is used in the Senator’s problem by providing an alternative would not be able to enroll any new State of Iowa a great deal. I have al- source for technical assistance funds. land. We would not be able to continue ways supported the other Senators. What we did was we included a provi- the continuous sign-up in the CRP pro- All I am saying is go back to CCC sion in the conservation title of the gram. We would not be able to continue where this is supposed to be. That is farm bill that technical assistance the agreements we have in the CREP, all. funding would come directly from the the Conservation Reserve Enhance- Mr. HARKIN. Madam President, I say funds provided for each conservation ment Program. to the Senator from Vermont that we program. That is why, as I understand the Sen- go back to CCC, but the section 11 cap This approach was not novel or un- ator’s amendment, it says that the still applies and there would be no tested. Congress relied on similar lan- donor programs are not available for funding technical assistance for CRP. guage in the 1996 farm bill providing technical assistance funds for CRP, but The Senator has to know that under funding for technical assistance for the doesn’t provide an alternative source. the Senator’s amendment, new enroll- EQIP program, the Environmental I ask the Senator from Vermont, ments for CRP will effectively come to Quality Incentives Program, directly does his amendment take away the sec- an end. from EQIP funds and outside the sec- tion 11 cap? If we do away with the sec- The PRESIDING OFFICER. The Sen- tion 11 cap. We adopted this approach tion 11 cap unequivocally and we go ator’s time has expired. for all environmental programs to en- back to what we provided in the 2002 Mr. HARKIN. Madam President, I sure there would be adequate funding farm bill, then maybe the Senator’s ask for at least 5 more minutes, after for technical assistance. We all agreed amendment is fine. That is not the way yielding time. on that approach. That is in the 2002 I read it. The PRESIDING OFFICER. Without farm bill. I yield to the Senator to correct me objection, it is so ordered. Soon after the passage of the farm if I am wrong. Mr. HARKIN. Madam President, I un- bill, we got a big shock from the Bush Mr. LEAHY. Madam President, the derstand what the Senator is doing, administration because they an- Senator who helped put together that but two wrongs do not make a right. nounced that the section 11 cap still farm bill knows the farm bill itself Now, if the Senator wants to have an applied, despite the language we had took away the section 11 caps. My amendment that would lift the section put in the farm bill. amendment in no way takes money 11 cap, or that would clearly spell out Despite the opinion of Nancy Bryson, from CRP or anything else. It simply that the farm bill once again in 2002— General Counsel at USDA, and despite builds a firewall around EQIP, FRPP, what we did—bypassed the section 11 the opinion of the GAO, the General GRP and WHIP, which is what we all cap, that is fine. Accounting Office, that the 2002 farm agreed to at the time when the chair- As I understand it, as I read his bill provided new authority for funding men of the House and Senate Agri- amendment, as my staff has informed technical assistance, not subject to the culture Committees and others were me, as I have looked at it, that is not section 11 cap, the White House, trying to make sure they had votes to what the amendment does. The amend- through OMB and then the Department pass the farm bill. These programs ment simply, as the Senator said, of Justice, decided that the farm bill’s were essential to get the support from builds firewalls. By building firewalls, conservation program funds could not the East where most of the tax dollars that goes against what we did in the be used for technical assistance be- come to pay for this farm bill. 2003 omnibus bill, because in the omni- cause they were limited to the section This amendment does not take from bus bill we provided for a mechanism 11 cap, thereby, largely blocking imple- CRP. We are simply telling USDA to that said we could then use these funds mentation of the conservation pro- take it from the CCC. It tells the USDA for technical assistance, and that is ex- grams. to go back to the farm bill, which actly what we are doing. We attempted to fix this in the fiscal spoke of taking this money from the Again, I say that the Senator from year 2003 omnibus appropriations bill. CCC. It just builds a firewall. That is Vermont is correct in that we have a

VerDate jul 14 2003 04:18 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.114 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14139 situation in which money that the grams, as I have of the programs that buy for their families. Opponents of the farm bill provided for some conserva- affect his State, not those of us in the law have used scare tactics and false tion programs is being diverted to pay East. I am just saying I want the De- information in an attempt to water for technical assistance for others. I partment of Agriculture to stick to the down or overturn this important pro- am all for changing that but not in the agreement they made with the con- gram. way the Senator wants, because the ferees at the time we passed the bill, Unfortunately, the opponents of the way the Senator wants effectively cuts and the only way it seems we can get law persuaded the House Appropria- off signing up for the CRP program. them to do that is to restate it in this tions agricultural subcommittee to I am a big supporter of the EQIP pro- amendment. cancel funding to carry out this pro- gram, and FPP and WHIP and GRP. Mr. HARKIN. I would join with the gram as it applies to labeling for meat. That is fine, and they should be fully Senator in any kind of an amendment This is the wrong course. USDA needs funded, as they were in our farm bill, to get rid of the section 11 cap. That is the funding to continue the rule mak- but we cannot abandon the CRP pro- the answer right there, get rid of the ing process so the program is workable gram. That is exactly what the effect section 11 cap. as it was intended by the farm bill. of this amendment would do. We effectively did that in the farm A large number of other countries Those of us from those States in bill. The administration says no. Well, have country-of-origin labeling. The which we have the CRP program or the an amendment to that line would do General Accounting Office has found CRP program in which we have contin- that. that of the 57 U.S. trading partners, 48 uous signup, this would take money In closing, the major wildlife groups require country-of-origin labeling for away from this very effective program. in this country, from Ducks Unlimited, one or more of the commodities cov- Almost all states have land enrolled in Izaak Walton League of America, Na- ered by our country-of-origin labeling CRP and there are 23 states that have tional Audubon Society, Pheasants law. CREPs—new enrollments in those and Forever, the Wildlife Society, and In this country, over 135 organiza- continuous CRP would come to a halt. Wildlife Management Institute do not tions, from the American Farm Bureau We could solve this problem of TA support this amendment. They sent a Federation, the National Farmers funding for CRP and WRP for, accord- Union, and the Consumer Federation of letter to both Chairman BENNETT and ing to estimates from USDA, $100 mil- America—broad support—support Ranking Member KOHL that said they lion a year or for $300 million from fis- can’t support this amendment if it country-of-origin labeling for meat. These organizations represent the will cal year 2004 to fiscal year 2006. Three would have a chilling effect on CRP. hundred million dollars would take Again, I find myself in a strange posi- of producers and consumers across our care of the whole thing. Yet the admin- tion because in many ways I agree with country. Several academic studies in the last istration will not provide this money the Senator from Vermont. He is right year have examined the benefits of at all. in what he is trying to do in terms of The President requested nearly $900 country-of-origin labeling for meat. saying that we have to have more fund- million this year for Iraq to have funds For example, the International Agri- ing for technical assistance, but not in for irrigation equipment and the pro- cultural Trade and Policy Center at this manner because it would effec- tection of marshlands in the Supple- the University of Florida found that tively stop the CRP program. mental. So we have $900 million to go the benefits of labeling beef clearly The PRESIDING OFFICER. The Sen- to Iraq for irrigation equipment and outweighed the costs. Research by Col- ator’s time on the Leahy amendment protection of marshlands, and $300 mil- orado State University found that con- has expired. lion would take care of our entire sumers were willing to pay an 11-per- The Senator from Utah. country in terms of the Conservation cent premium on steak and a 24-per- Mr. BENNETT. As I understand it, Reserve Program and the Wetlands Re- cent premium for country-of-origin la- Senator HARKIN still has 10 minutes to serve Program for three years. beling on hamburger. There are ways of fixing this, I say to speak on the Daschle amendment. Is This research reflects the desire for my friend from Vermont, and ways that correct? country-of-origin labeling of meat. The PRESIDING OFFICER. The Sen- that we agreed upon in the farm bill. Country-of-origin labeling for meat is ator is correct. The Senator from Vermont and I were law. It is law right now. It became law Mr. HARKIN. I am sorry. I did not re- together on the farm bill. We agreed on when President Bush signed the 2002 alize the parliamentary situation. Are how to do this, but this is not the way farm bill. Whether or not the Agri- these two votes going to be lumped to- to do it now. culture appropriations bill funds the Mr. LEAHY. If the Senator will yield, gether? program, the law still requires meat to I thought in the unanimous consent re- Mr. BENNETT. Yes, the two votes be labeled. Removing funding essen- quest we divided the 5 minutes. I am will be stacked. We have reserved 10 tially creates a situation where retail- told we did not so it is still the time of minutes for the Senator from Iowa to ers will still be legally required to the Senator, but I would say all I want speak on the Leahy amendment and 10 label meat but USDA will have no to do is what we did in the bill. I want minutes for him to speak on the funding to provide oversight and work the USDA to follow the bill, and I Daschle amendment. If he wishes to out in a meaningful manner any prob- would read a colloquy. It says: yield back his 10 minutes on the lems that exist within the meat-label- . . . funding for technical assistance will Daschle amendment, there will be no ing regulations. come from the borrowing authority of the objection. Then again next year the same de- Commodity Credit Corporation, and will no Mr. HARKIN. I suggest the absence of bate will come before Congress, asking longer be affected by section 11 of the CCC a quorum. us to remove funding, asking us to Charter Act. For those programs such as the The PRESIDING OFFICER. The delay country-of-origin labeling for CRP, WRP, and the Grasslands Reserves Pro- clerk will call the roll. meat for another year. This is just a 1- gram, which involve enrollment based on The legislative clerk proceeded to acreage, the technical assistance funding year bill. The law is already there on call the roll. the books. Removing funding as the will come from the annual program outlays Mr. HARKIN. Madam President, I apportioned by OMB—again, from the bor- House Appropriations Committee did rowing authority of the CCC. These pro- ask unanimous consent that the order does not solve any problems. It only grams, too, will no longer be affected by sec- for the quorum call be rescinded. creates more problems down the road tion 11 of the CCC Charter Act. The PRESIDING OFFICER. Without for the program that is already in the That was on the floor from the state- objection, it is so ordered. law and that would provide consumers ment of the distinguished Senator from AMENDMENT NO. 2078 the information they want. Iowa as the manager of that bill. Mr. HARKIN. Madam President, the Madam President, it was interesting I do not know how much clearer I can 2002 farm bill included an important that in the House appropriations bill, say it. We are trying to get the Depart- program, known as country-of-origin they cut out funding for country-of-ori- ment of Agriculture to follow the law. labeling, that adds value to farm prod- gin labeling for meat but, guess what, I know the Senator from Iowa has ucts and gives consumers more infor- they left the money in there for coun- been a supporter of all of these pro- mation about the origin of foods they try-of-origin labeling for peanuts. They

VerDate jul 14 2003 04:18 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.116 S06PT1 S14140 CONGRESSIONAL RECORD — SENATE November 6, 2003 left the money in there for country-of- I commend the chairman and com- on the genetics of the variety for which the origin labeling for fish. They left the mend the ranking member for the ex- certificate was issued) is commercially via- money for country-of-origin labeling in cellent job they have done on this bill. ble and available in sufficient quantities to there for vegetables. They left the I yield the floor. meet market demands’’. money for country-of-origin labeling in Mr. BENNETT. I thank the Senator Mr. COCHRAN. Madam President, there for fruit. But not meat. for his courtesy and kind words. I must the Plant Variety Protection Act codi- Right away you have to ask yourself now confess error. When we entered fies our international commitments a question: What is this all about? Why into the unanimous consent agree- under treaties for protection of plant would they say consumers ought to ment, we inadvertently left off an op- varieties. The law gives plant varieties have the right to know where their fish portunity for the chairman of the Agri- 20 years of protection, similar to a pat- comes from, but not their meat? Why culture Committee to offer an amend- ent, in order to preserve the quality of would they say consumers ought to ment. I apologize to Senator COCHRAN the variety. The law currently does not have the right to know where their for that oversight. provide any mechanism to provide for peanuts come from, but not their I ask unanimous consent that an ad- periods of additional protection for va- meat? ditional 10 minutes be set aside, equal- rieties that are still commercially val- ly divided, between Senator COCHRAN uable. The fact is, a few in this country—a The original PVPA certificate for few, and I mean a few—are trying to and any opponents to his amendment, to be taken care of before we proceed Marshall ryegrass was issued prior to overcome in the appropriations process the adoption of the latest changes pur- what they could not succeed in doing to the vote. The PRESIDING OFFICER. Without suant to international negotiations when we passed the farm bill. They and, as a result, were protected for less were there. They testified. They had objection, it is so ordered. Mr. BENNETT. Madam President, I than the current 20-year period. My their proposals. They didn’t want coun- amendment would provide an addi- try-of-origin labeling. We voted on it suggest the absence of a quorum to allow Senator COCHRAN to come to the tional period of PVPA protection of up and it was passed in the House, it was to 10 years for one of the most if not passed in the Senate, it was kept in floor. The PRESIDING OFFICER. The the most heavily used varieties of rye- conference, and the President signed it. grass used by livestock producers Now they are attempting to undo that clerk will call the roll. The bill clerk proceeded to call the around the country. through the appropriations process. The Secretary would be authorized to That is why we have to speak loudly roll. Mr. BENNETT. Madam President, I cancel this protection as soon as a new and clearly that we want to make sure ask unanimous consent the order for variety of this valuable feed grass is the law is carried forward. the quorum call be rescinded. developed. As I pointed out, even if you don’t The PRESIDING OFFICER. Without There are letters which I will send to fund it, retailers will still have to abide objection, it is so ordered. the desk for inclusion in the RECORD in by the law. They will still have to give Mr. BENNETT. Senator COCHRAN is support of this amendment. One is us country-of-origin labeling on meat. in the cloakroom and will be coming on from OreGro Seeds Incorporated in Or- It just means the Department of Agri- to the floor momentarily. I simply egon; another is from a second com- culture will not be able to help them want to once again apologize to him for pany, Smith Seed Services in Oregon; clear up any confusion that may arise. our inadvertence in leaving his amend- another from Plantbreeding Seed Pro- That is the worst possible position in ment off the list. I appreciate the in- duction, Seed Trade, member of an or- which we could put our retailers. We dulgence of Senators to have this addi- ganization called the Barenbrug Group. ought to give them the assistance, the tional 5 to 10 minutes for the oppor- I ask unanimous consent all of these help, the support, the advice, the con- tunity to dispose of this particular letters be printed in the RECORD. sultation the Department of Agri- amendment. There being no objection, the mate- culture should do to implement this The PRESIDING OFFICER. The Sen- rial was ordered to be printed in the law. ator from Mississippi. RECORD, as follows: OREGRO SEED, INC., Before I close, I want to take a mo- AMENDMENT NO. 2120 Shedd, OR, July 11, 2003. ment to say I am pleased the Senate Mr. COCHRAN. Madam President, I supported the amendment by Senators Re plant variety protection for Marshall send an amendment to the desk under Ryegrass. DORGAN and BURNS, which I cospon- the unanimous consent request and ask sored, to increase the funding level of Hon. GORDON SMITH, it be stated. U.S. Senate, Russell Senate Office Building, the Rural Broadband Loan Program. I The PRESIDING OFFICER. Without worked to include the loan program in Washington, DC. objection, the pending amendments DEAR SENATOR SMITH, We understand that the 2002 farm bill to help bring high- will be laid aside and the clerk will re- Senator Cochran is introducing legislation speed Internet to rural farm commu- port the amendment. that will extend the PVP for Marshall Rye- nities across the country. The legislative clerk read as follows: grass. This legislation is of critical impor- Since its launch, there have been tance to the Oregon grass seed industry, and The Senator from Mississippi [Mr. COCH- we urge you to give this measure your more than $1 billion in loan applica- RAN] proposes an amendment numbered 2120. tions to build the broadband infra- strongest support. Mr. COCHRAN. I ask unanimous con- Your strong support for the Oregon seed in- structure. This extra funding will go a sent the reading of the amendment be dustry is greatly appreciated, and we also long way to ensure this program re- dispensed with. urge you to contact Senator Cochran’s office mains strong and can provide the re- The PRESIDING OFFICER. Without to express your support for this important sources needed to ensure rural America objection, it is so ordered. issue. Sincerely, keeps faith with its urban neighbors in The amendment is as follows: the 21st century. DON HERB. (Purpose: To provide plant variety In closing, I don’t know if I will have protection) SMITH SEED SERVICES, time to speak again on the bill. I think On page 19, line 26, before the period, insert Halsay, OR, July 11, 2003. we are coming close to voting. First, the following: ‘‘: Provided further, That, in Re legislation from Senator Cochran. let me commend the chairman and the case of the term of protection for the va- Hon. GORDON SMITH, ranking member for putting together a riety for which certificate number 8200179 U.S. Senate, Russell Senate Office Building, great Agriculture appropriations bill. I was issued, on the date of enactment of this Washington, DC. thank them for accepting the rural Act, the Secretary of Agriculture shall issue DEAR SENATOR SMITH, Senator Cochran is broadband provisions, as well as many a new certificate for a term of protection of introducing legislation to extend the PVP other very good provisions. If we can 10 years for the variety, except that the Sec- production for Marshall annual ryegrass. retary may terminate the certificate (at the past the amendment that was just of- This legislation is critically important to end of any calendar year that is more than 5 the Oregon grass seed industry. I strongly fered here, I think we will have a tre- years after the date of issuance of the certifi- urge your support for this legislation. mendous Agriculture appropriations cate) if the Secretary determines that a new Smith Seed is one of the largest producer bill. variety of seed (that is substantially based and shipper of forage and turf grass seed in

VerDate jul 14 2003 06:11 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.118 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14141 Oregon. We have about 100 to 120 employees Grass varieties often lose their identity The PRESIDING OFFICER. The yeas and represent a grower base of over 300 inde- quickly after PVP expires and in light of the and nays have been ordered. The clerk pendent grass seed farmer producers. We ship fact that there is not a clearly superior prod- will call the roll. in excess of 160 million pounds of seed annu- uct for winter forage production, I feel that The bill clerk called the roll. ally to domestic and international accounts. maintaining the genuine Marshall strain is Your strong support for this important leg- very important to the cattle producers of our Mr. MCCONNELL. I announce that islation for the Oregon seed industry is state. the Senator from Colorado (Mr. CAMP- greatly appreciated, and I also ask that you We need Marshall, not an inferior sub- BELL) and the Senator from New Hamp- contact Senator Cochran’s office to express stitute. shire (Mr. SUNUNU) are necessarily ab- your support. Sincerely, sent. Thank you for your service and support of MIKE PIGOTT, Mr. REID. I announce that the Sen- the Oregon seed industry. Manager. Sincerely, ator from North Carolina (Mr. ED- WARDS), the Senator from Massachu- PAUL ZEHR. STATE OF MISSISSIPPI, DEPARTMENT setts (Mr. KERRY), the Senator from OF AGRICULTURE AND COMMERCE, BARENBRUG USA, Jackson, MS, February 11, 2003. Connecticut (Mr. LIEBERMAN) and the Tangent, OR, July 11, 2003. Hon. THAD COCHRAN, Senator Georgia (Mr. MILLER) are nec- Re legislation from Senator Cochran. U.S. Senator, Mississippi, essarily absent. Hon. GORDON SMITH, Washington, DC. I further announce that, if present U.S. Senate, Russell Senate Office Building, DEAR SENATOR COCHRAN: This letter is and voting, the Senator from Massa- Washington, DC. written in concern for the protection of Mar- chusetts (Mr. KERRY) would vote DEAR SENATOR SMITH: We are aware that shall Ryegrass under the Plant Variety Pro- Senator Cochran, (Miss R) is introducing leg- ‘‘yea.’’ tection Act (PVPA). The patent on this grass The PRESIDING OFFICER (Mr. islation in the upcoming Senate Agricultural has expired, and I—as well as others—would Committee in DC next week, to extend the like to have the patent extended on this va- CHAMBLISS). Are there any other Sen- Plant Variety Protection (PVP) for Marshall riety of grass. ators in the Chamber desiring to vote? annual ryegrass. This legislation is of vital Marshall Ryegrass is extremely popular The result was announced—yeas 38, importance to the long term viability of the among Mississippi farmers who plant winter nays 56, as follows: US and Oregon grass seed industry, and in grazing crops. The loss of the patent protec- [Rollcall Vote No. 442 Leg.] the strongest possible way, we ask for your tion can and will lead to widespread decep- YEAS—38 support of this important measure. tion and mislabeling of poor quality grazing Barenbrug USA is an Oregon based grass grasses. Due to this concern, it is my request Akaka Dole Murray seed breeding, production and wholesale that Congress enact legislation that will re- Biden Enzi Nelson (FL) Bingaman Fitzgerald marketing company. We employ more than store the PVPA protection for the Marshall Reed Breaux Graham (FL) Reid 150 workers, and buy seed from family farm- Ryegrass variety. Byrd Gregg Rockefeller ers on over 40,000 acres in Oregon and the Any assistance you can provide will be ap- Northwest. We consider ourselves to be one Cantwell Hollings Sarbanes preciated. Carper Jeffords of the leaders in this industry, and one of the Schumer Sincerely, Chafee Kennedy Snowe largest grass seed companies in the world. Clinton Landrieu LESTER SPELL, Jr., Specter By extending the PVP on this variety, the Collins Lautenberg Commissioner. Stabenow value level of grass seed sales in the US Corzine Leahy Voinovich South and South East will be maintained. By The PRESIDING OFFICER. Who DeWine Levin Wyden not extending the PVP, there is a significant yields time? Dodd Mikulski chance that named ryegrass varieties will Mr. COCHRAN. Madam President, I NAYS—56 again be seen as commodities and no longer am prepared to yield back the time on be sold at price levels which assure returns Alexander Dayton Lincoln the amendment. I yield the time on the Allard Domenici for the entire seed value chain, including the Lott Allen Dorgan Lugar seed growers. All seed of ryegrass varieties is amendment. The PRESIDING OFFICER. Time is Baucus Durbin McCain produced in Oregon, hence our interest in Bayh Ensign yielded. McConnell this discussion and our request to you. Bennett Feingold Murkowski We sincerely appreciate your support dur- Mr. KOHL. I yield our time. Bond Feinstein Nelson (NE) ing session for this legislation that is crit- Mr. BENNETT. Madam President, I Boxer Frist Nickles Brownback Graham (SC) ical to the US and Oregon grass seed indus- Pryor ask for a voice vote. Bunning Grassley try, and also ask that you contact Senator Roberts The PRESIDING OFFICER. The Burns Hagel Cochran’s office to voice your strong sup- Santorum question is on agreeing to the amend- Chambliss Harkin port. Sessions ment. Cochran Hatch Thank you for your record of dedicated Coleman Hutchison Shelby service and support of our industry. Please The amendment (No. 2120) was agreed Conrad Inhofe Smith advise if you have any questions or com- to. Cornyn Inouye Stevens ments. Mr. BENNETT. Madam President, I Craig Johnson Talent Sincerely, understand that I had 5 minutes allo- Crapo Kohl Thomas Daschle Kyl Warner MARC W. COOL, M.SC. cated to me under the unanimous con- Vice President/COO. sent agreement. I am prepared to yield NOT VOTING—6 Mr. COCHRAN. Madam President, I that back and proceed to a vote. Campbell Kerry Miller also have a letter from the Livestock Madam President, I suggest the ab- Edwards Lieberman Sununu Producers Association and a letter sence of a quorum. The amendment (No. 2119) was re- from the State of Mississippi’s Depart- The PRESIDING OFFICER. The jected. ment of Agriculture and Commerce. clerk will call the roll. AMENDMENT NO. 2078 I ask unanimous consent that the The bill clerk proceeded to call the The PRESIDING OFFICER. The Sen- letters be printed in the RECORD. roll. ator from Utah. There being no objection, the mate- Mr. BENNETT. Madam President, I Mr. BENNETT. Mr. President, I ask rial was ordered to be printed in the ask unanimous consent that the order unanimous consent that there now be 2 RECORD, as follows: for the quorum call be rescinded. minutes of debate equally divided prior LIVESTOCK PRODUCERS ASSOCIATION, The PRESIDING OFFICER. Without to a vote in relation to the Daschle Tylertown, MS, April 4, 2003. objection, it is so ordered. amendment. I further ask unanimous Hon. THAD COCHRAN, Mr. BENNETT. Madam President, it U.S. Senate, consent that the remaining two votes Washington, DC. is my understanding that all time has in this series, this one and the vote on DEAR SIR: I am writing to ask for your help been yielded. We are, therefore, ready final passage, be limited to 10 minutes in getting the Plant Variety Protection to vote. each. (PVP) certification extended for Marshall VOTE ON AMENDMENT NO. 2119 The PRESIDING OFFICER. Without Ryegrass. The PRESIDING OFFICER. The objection, it is so ordered. Marshall Ryegrass has been an integral part of many Mississippi cattle operations question is on agreeing to the amend- Mr. BENNETT. Mr. President, I yield for many years and without the assurance of ment of the Senator from Vermont. back all of the remaining time. PVP, there is great concern that the integ- Mr. BENNETT. Madam President, The PRESIDING OFFICER. All time rity of the variety would be compromised. have the yeas and nays been ordered? is yielded back.

VerDate jul 14 2003 06:56 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.054 S06PT1 S14142 CONGRESSIONAL RECORD — SENATE November 6, 2003 Mr. BENNETT. Mr. President, I move Mr. BENNETT. Mr. President, we are shall be used to pay the salaries and ex- to table the Daschle amendment, and I ready to move to final passage. I have penses of personnel to expend the $20,000,000 ask for the yeas and nays. some housekeeping details before we do made available by section 601(j)(1)(A) of the The PRESIDING OFFICER. Is there a that. Rural Electrification Act of 1936 (7 U.S.C. 950bb(j)(1)(A)) for fiscal year 2004. sufficient second? AMENDMENTS NOS. 2121, 2122, 2123, 2124, 2125, 2126, AMENDMENT NO. 2124 There appears to be a sufficient sec- 2127, 2128, 2129, 2085, 2130, 2131, 2132, 2133, AND 2134, (Purpose: To control and alleviate the ond. EN BLOC cormorant problem in the State of Michigan) The question is on agreeing to the Mr. BENNETT. Mr. President, I send motion. The clerk will call the roll. to the desk a group of amendments, all On page 17, line 16, before the colon, insert the following: ‘‘; and of which up to $275,000 The legislative clerk called the roll. of which have been cleared on both may be used to control or alleviate the cor- Mr. MCCONNELL. I announce that sides, and I ask unanimous consent morant problem in the State of Michigan’’. the Senator from Colorado (Mr. CAMP- that they be considered en bloc and AMENDMENT NO. 2125 BELL) and the Senator from New Hamp- that they be approved en bloc by voice (Purpose: To provide minimum funding for shire (Mr. SUNUNU) are necessarily ab- vote. certain types of agricultural management sent. The PRESIDING OFFICER. Without assistance) Mr. REID. I announce that the Sen- objection, it is so ordered. On page 78, strike lines 8 through 16, and ator from North Carolina (Mr. ED- The question is on agreeing to the insert the following: WARDS), the Senator from Massachu- amendments. SEC. 759. AGRICULTURAL MANAGEMENT ASSIST- setts (Mr. KERRY), the Senator from The amendments were agreed to en ANCE. Connecticut (Mr. LIEBERMAN), and the bloc, as follows: Section 524(b)(4)(B) of the Federal Crop In- surance Act (7 U.S.C. 1542(b)(4)(B)) is amend- Senator from Georgia (Mr. MILLER) are AMENDMENT NO. 2121 ed— necessarily absent. (Purpose: To increase funding for the re- (1) in clause (i), by striking ‘‘clause (ii)’’ I further announce that, if present moval of trees that have been adversely af- and inserting ‘‘clauses (ii) and (iii)’’; and and voting, the Senator from Massa- fected by the emerald ash borer, with off- (2) by adding at the end the following: chusetts (Mr. KERRY) would vote sets) ‘‘(iii) CERTAIN USES.—Of the amounts made ‘‘nay.’’ On page 3, line 12, strike ‘‘$119,289,000’’ and available to carry out this subsection for The PRESIDING OFFICER. Are there insert ‘‘$118,789,000’’. each fiscal year, the Commodity Credit Cor- any other Senators in the Chamber de- On page 5, line 1, strike ‘‘$188,022,000’’ and poration shall use not less than— insert ‘‘$187,022,000’’. ‘‘(I) $15,000,000 to carry out subparagraphs siring to vote? On page 17, line 16, after ‘‘eradication The result was announced—yeas 36, (A), (B), and (C) of paragraph (2) through the zones’’ insert ‘‘; and of which not less than Natural Resources Conservation Service; and nays 58, as follows: $1,500,000 (in addition to any other funds ‘‘(II) $2,000,000 to provide organic certifi- [Rollcall Vote No. 443 Leg.] made available for eradication or contain- cation cost share assistance through the Ag- YEAS—36 ment) shall be used by the Emerald Ash ricultural Marketing Service.’’. Borer Task Force for the removal of trees AMENDMENT NO. 2126 Allard Corzine Lincoln that have been adversely affected by the em- Allen Craig Lugar (Purpose: To authorize the Secretary of Ag- erald ash borer, with a priority for the re- Bayh Crapo McCain riculture to make funding and other assist- moval of trees on public property or that Bennett Dole McConnell ance available through the emergency wa- Bond Durbin Nelson (FL) threaten public safety’’. tershed protection program to repair and Brownback Fitzgerald Nickles AMENDMENT NO. 2122 Bunning Frist Pryor prevent damage to non-Federal land in wa- Chafee Hatch Roberts (Purpose: To require the Secretary of Agri- tersheds that have been impaired by fires Chambliss Hutchison Santorum culture to report to Congress on acquisi- initiated by the Federal Government and Cochran Inhofe Stevens tions made by the Department of Agri- to waive cost sharing requirements for the Coleman Kyl Talent culture of articles, materials, or supplies funding and assistance) Cornyn Lautenberg Voinovich manufactured outside the United States) On page 79, between lines 7 and 8, insert NAYS—58 On page 6, line 12, strike the period at the the following: Akaka Ensign Mikulski end and insert ‘‘: Provided further, That of SEC. 7ll. EMERGENCY WATERSHED PROTEC- Alexander Enzi Murkowski such amount, sufficient funds shall be avail- TION PROGRAM. Baucus Feingold Murray able for the Secretary of Agriculture, not Notwithstanding any other provision of Biden Feinstein Nelson (NE) later than 60 days after the last day of the law, the Secretary of Agriculture is author- Bingaman Graham (FL) Reed fiscal year, to submit to Congress a report on ized hereafter to make funding and other as- Boxer Graham (SC) Reid the amount of acquisitions made by the De- sistance available through the emergency Breaux Grassley Rockefeller partment of Agriculture during such fiscal watershed protection program under section Burns Gregg Sarbanes Byrd Hagel year of articles, materials, or supplies that 403 of the Agricultural Credit Act of 1978 (16 Schumer Cantwell Harkin were manufactured outside the United U.S.C. 2203) to repair and prevent damage to Sessions Carper Hollings States. Such report shall separately indicate non-Federal land in watersheds that have Shelby Clinton Inouye the dollar value of any articles, materials, or been impaired by fires initiated by the Fed- Collins Jeffords Smith Snowe supplies purchased by the Department of Ag- eral Government and to waive cost sharing Conrad Johnson riculture that were manufactured outside requirements for the funding and assistance. Daschle Kennedy Specter Dayton Kohl Stabenow the United States, an itemized list of all AMENDMENT NO. 2127 waivers under the Buy American Act (41 DeWine Landrieu Thomas (Purpose: To expand the business size re- U.S.C. 10a et seq.) that were granted with re- Dodd Leahy Warner strictions of the Rural Business Enterprise Domenici Levin Wyden spect to such articles, materials, or supplies, Grant Program for Oakridge, OR) Dorgan Lott and a summary of total procurement funds At the appropriate place, insert the fol- NOT VOTING—6 spent on goods manufactured in the United States versus funds spent on goods manufac- lowing: Campbell Kerry Miller tured outside of the United States. The Sec- ‘‘The Secretary may waive the require- Edwards Lieberman Sununu retary of Agriculture shall make the report ments regarding small and emerging rural The motion was rejected. publicly available by posting the report on business as authorized under the Rural Busi- The PRESIDING OFFICER. The Sen- an Internet website.’’. ness Enterprise Grant program for the pur- pose of a lease for the Oakridge Oregon In- ator from Utah. AMENDMENT NO. 2123 dustrial Park.’’ Mr. BENNETT. Mr. President, with (Purpose: To permit the use of remaining fis- AMENDMENT NO. 2128 the motion to table having failed, I ask cal year 2003 funds to carry out the pro- gram of loans and loan guarantees to pro- (Purpose: To provide funds to carry out the for a voice vote on the underlying historic barn preservation program, with amendment. vide access to broadband telecommuni- cations services in rural areas) an offset) The PRESIDING OFFICER. The On page 42, between lines 13 and 14, insert On page 76, strike lines 1 through 5 and in- question is on agreeing to amendment the following: sert the following: No. 2078. HISTORIC BARN PRESERVATION PROGRAM The amendment (No. 2078) was agreed SEC. 749. ACCESS TO BROADBAND TELE- COMMUNICATIONS SERVICES IN For the historic barn preservation program to. RURAL AREAS. established under section 379A of the Con- The PRESIDING OFFICER. The Sen- None of the funds appropriated or other- solidated Farm and Rural Development Act ator from Utah. wise made available by this or any other Act (7 U.S.C. 2008o), $2,000,000.

VerDate jul 14 2003 04:33 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.121 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14143 On page 58, line 19, strike ‘‘$90,435,000’’ and meaning given the term ‘cost’ in section 502 SEC. 7ll. REDUCTION IN TRAVEL AMOUNTS. insert ‘‘$88,435,000’’. of the Federal Credit Reform Act of 1990 (2 (a) IN GENERAL.—Notwithstanding any AMENDMENT NO. 2129 U.S.C. 661a). other provision of this Act, each amount pro- vided by this Act for travel expenses is re- (Purpose: To modify the requirements for a ‘‘(2) PROJECTS.—Subsection (c)(1) shall not duced by the pro rata percentage required to water and waste disposal grant to the Alas- apply to a loan guarantee made under this subsection to carry out a project if— reduce the total amount provided by this Act ka Department of Community and Eco- ‘‘(A) the loan will be used— for such expenses by $6,000,000. nomic Development) ‘‘(i) to purchase a renewable energy system (b) REPORT.—Not later than 30 days after At the appropriate place, insert the fol- that has, as 1 of its principal purposes, the the date of enactment of this Act, the Direc- lowing: commercial production of an agricultural tor of the Office of Management and Budget SEC. ll. WATER AND WASTE DISPOSAL GRANT commodity; and shall submit to the Committees on Appro- TO THE ALASKA DEPARTMENT OF ‘‘(ii) to promote a solution to an environ- priations of the House of Representatives COMMUNITY AND ECONOMIC DEVEL- mental problem in a rural area of the State and the Senate a listing of the amounts by OPMENT. in which the project will be carried out; account of the reductions made pursuant to Notwithstanding any other provision of ‘‘(B) the lender of the loan exercises due subsection (a). law— diligence with respect to theborrower of the (1) the Alaska Department of Community AMENDMENT NO. 2134 loan; and Economic Development may be eligible (Purpose: To modify the requirements for a ‘‘(C) the borrower of the loan pays in full, to receive a water and waste disposal grant water and waste disposal grant to the city before the guarantee is issued, a guarantee under section 306(a) of the Consolidated of Postville, Iowa) fee in the amount of the estimated subsidy Farm and Rural Development Act (7 U.S.C. cost of the guarantee, as determined by the On page 79, between lines 7 and 8, insert 1926(a)) in an amount that is up to 75 percent Director of the Office of Management and the following: of the total cost of providing water and Budget; SEC. 7ll. WATER AND WASTE DISPOSAL GRANT sewer service to the proposed hospital in the TO THE CITY OF POSTVILLE, IOWA. ‘‘(D) except as provided in subparagraph Matanuska-Susitna Borough, Alaska; Notwithstanding any other provision of (E), the principal amount of the loan is not (2) the Alaska Department of Community law, the city of Postville, Iowa, shall be eli- more than $25,000,000; and Economic Development may be allowed gible to receive a water and waste disposal ‘‘(E) the principal amount of the loan is to pass the grant funds through to the local grant under section 306(a) of the Consoli- more than $25,000,000, but is not more than government entity that will provide water dated Farm and Rural Development Act (7 $75,000,000, if the Secretary— and sewer service to the hospital; and U.S.C. 1926(a)) in an amount that is equal to ‘‘(i) approves the loan application; and not more than 75 percent of the total cost of AMENDMENT NO. 2085 ‘‘(ii) does not delegate the authority de- providing water and sewer service in the (Purpose: To permit the enrollment in the scribed in clause (i); city. conservation reserve program of certain ‘‘(F) the project requires no Federal or land on which trees have been planted) State financial assistance, other than the AMENDMENT NO. 2128 On page 79, between lines 7 and 8, insert loan guarantee provided under this sub- Mr. JEFFORDS. Mr. President, I the following: section; and thank Chairman BENNETT and Ranking SEC. 7ll. CONSERVATION RESERVE PROGRAM. ‘‘(G) the project complies with all nec- Member KOHL for their leadership in Land shall be considered eligible land essary permits, licenses, and approvals re- crafting the Senate’s version of the under section 1231(b) of the Food Security quired under the laws of the State. 2004 Agriculture appropriations bill. I Act of 1985 (16 U.S.C. 3831(b)) for purposes of ‘‘(3) COST SHARING.— appreciate their willingness to work ‘‘(A) IN GENERAL.—The amount of a loan enrollment into the conservation reserve with me to include $2 million in fund- program established under subchapter B of guarantee under this subsection for a project chapter 1 of subtitle D of title XII of the described in paragraph (2) shall not exceed 80 ing for the Historic Barn Preservation Food Security Act of 1985 (16 U.S.C. 3831 et percent of the total project cost. Program. This program was authorized seq.) if the land— ‘‘(B) SUBORDINATION.—Any financing for in the 2002 farm bill, but until now has (1) is planted to hardwood trees as of the the non-Federal share of the total project not received any funding. date of enactment of this Act; and cost shall be subordinated to the federally Our Nation’s aging barns are impor- (2) was enrolled in the conservation reserve guaranteed portion of the total project cost. tant symbols of our agricultural herit- program under a contract that expired before ‘‘(4) LOAN GUARANTEE LIMITS.—The loan age, and we must see that they remain the date of enactment of this Act. guarantee limitations applicable to the busi- ness and industry guarantee loan program a part of our landscapes. This program AMENDMENT NO. 2130 authorized under section 310B of the Consoli- was established to preserve barns that (Purpose: To prohibit the use of funds to pur- dated Farm and Rural Development Act (7 are in danger of falling beyond repair chase chickens treated with U.S.C. 1932) shall apply to loan guarantees due to decades of deferred mainte- fluoroquinolone) made under this subsection. nance. To qualify, a barn must be at On page 79, between lines 7 and 8, insert ‘‘(5) MAXIMUM AMOUNT.— least 50 years old. Preservationists are the following: ‘‘(A) INDIVIDUAL LOANS.—The amount of especially concerned with the oldest SEC. 7ll. PROHIBITION OF USE OF FUNDS TO principal for a loan under this subsection for barns, many are more than 200 years PURCHASE CHICKEN TREATED WITH a project described in paragraph (2) shall not FLUOROQUINOLONE. exceed $75,000,000. old and some date back as far as 1790. After December 31, 2003, none of the funds ‘‘(B) ALL LOANS.—The total outstanding Before this program can be success- made available by this Act may be used to amount of principal for loans under this sub- fully implemented. Congress must give purchase chickens or the products of chick- section for all projects described in para- it adequate funding. My amendment, ens for use in any program under the Child graph (2) shall not exceed $500,000,000. which would provide $2 million in fund- Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) ‘‘(C) The Secretary shall publish a pro- ing for the barn preservation program, or the Richard B. Russell National School posed rule to carry out this section within will address the growing demand for Lunch Act (42 U.S.C. 1751 et seq.), unless the 120 days of enactment of this Act.’’ supplier provides certification that the sup- historic preservation in our rural com- AMENDMENT NO. 2132 plier does not feed or administer munities by documenting and research- fluoroquinolone to chickens produced by the (Purpose: To clarify the Secretary may use ing appropriate techniques and best supplier. competitive research grant funds for cer- practices for protecting these treas- tain requests for proposals) AMENDMENT NO. 2131 ures. On page 71, line 2, before the period, insert I am not alone in urging funding for (Purpose: To provide loan guarantees for the following: ‘‘, including requests for pro- major projects for certain renewable en- posals for grants for critical emerging issues the barn preservation program. Last ergy systems) described in section 401(c)(1) of that Act for June, I led a bipartisan group of 24 Sen- On page 79, between lines 7 and 8, insert which the Secretary has not issued requests ators who sent a letter to the Appro- the following: for proposals for grants in fiscal 2002 or priations Subcommittee on Agri- SEC. 7ll. RENEWABLE ENERGY SYSTEM LOAN 2003’’. culture, Rural Development and Re- GUARANTEES. AMENDMENT NO. 2133 lated Agencies urging that $10 million Title IX of The Farm Security and Rural (Purpose: To increase funding for guaranteed be included for this program. Investment Act of 2002 is amended by adding broadband loans, with an offset) The Historic Barn Preservation Pro- the following new section: On page 47, line 13, strike ‘‘$335,963,000’’ and gram also enjoys support from the Sec. : Renewable Energy System Loan Guarantees. insert ‘‘$647,000,000’’. preservation community. The National ‘‘LOAN GUARANTEES FOR CERTAIN On page 48, line 2, strike ‘‘$9,116,000’’ and PROJECTS.— insert ‘‘$15,116,000’’. Trust for Historic Preservation has en- ‘‘(1) DEFINITION OF SUBSIDY COSTS.—In this On page 79, between lines 7 and 8, insert dorsed this program as well as numer- subsection, the term ‘subsidy costs’ has the the following: ous State preservation groups from

VerDate jul 14 2003 04:33 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.051 S06PT1 S14144 CONGRESSIONAL RECORD — SENATE November 6, 2003 across the country. We all recognize fast food chains McDonald’s, Wendy’s, are from those who have been working that preservation of these barns will and others have pledged not to use on it for a long time. I remind everyone not only ensure their survival for gen- chicken that has been treated with that this bill has been supported by erations to come, it will provide prac- fluoroquinolones in an effort to protect large numbers of Senators. tical benefits to the farmers that own their customers. We have had our difficulties the last them and the communities and econo- But the USDA continues to purchase year. Without going into detail, we mies that surround them. chicken for the National School Lunch have had difficulties trying to get this Clearly, working structures such as Program that has been treated with worked out for hearings in the House. these barns have as much to offer to fluoroquinolones despite warnings We are in a position where we cannot our understanding of U.S. history as about health risks and the availability get that done. the birthplaces of our leaders or battle- of chickens that have not been treated Now we are in a position where we fields where our soldiers fought and with fluoroquinolones, and so do the can tell the Senators that the com- died. These barns have served various schools that receive USDA money mittee of jurisdiction, under the lead- functions, whether as military hos- through the lunch program. The New ership of JUDD GREGG, is looking at a pitals, refuges for slaves making their York City Board of Education, for ex- substitute which seems acceptable to way along the Underground Railroad, ample, does not have a policy in place the community that helped us on the local school buildings or temporary to ensure that chickens that New York bill and that the chairman indicates shelters for families moving west as City school kids eat have not been fed will have a high priority in his com- our country’s border expanded to the fluoroquinolones. And there are ap- mittee the early part of next year. Pacific Coast. proximately 820,000 New York City That means we should be passing men- In my home State of Vermont, the school students and 1.4 million stu- tal parity in the first couple of months State Historic Preservation Office cur- dents across New York State that are of the next session. rently administers a small grant pro- in the School Lunch Program. I note the presence on the floor of my gram for barn preservation that has Tyson, Gold Kist, and Purdue are all principal cosponsor, since the demise been funded by the Vermont Legisla- leading chicken producers that have of Senator Wellstone, Senator KEN- ture since 1993. While this program has committed to stop using NEDY. We have discussed this at length. been very successful, applications con- fluoroquinolones in their chickens. The I believe he concurs that this is the tinue to significantly outnumber the USDA and schools across the country best approach. Our majority leader grants made through this program. For could purchase chicken from these pro- agrees. The minority leader agrees, as example, out of 60 annual requests, the ducers and others that do not use does the chairman of the committee of program only has the resources to fund fluoroquinolones, without experiencing jurisdiction. 15 to 20 of those requests. a negative economic impact. I would be pleased if Senator KEN- Federal funding through the new na- So this amendment says that no NEDY will comment. tional Historic Barn Preservation Pro- School Lunch Program funds can be The PRESIDING OFFICER. The Sen- gram will help address the growing used by the USDA or the schools to ator from Massachusetts. backlog of requests for barn preserva- purchase chickens from suppliers that Mr. KENNEDY. Mr. President, we are tion grants in Vermont and across the have not provided certification to the talking about the Wellstone Mental country. Secretary that they do not feed or ad- Health Act. Senator DOMENICI and Paul Mr. President, I again thank the two minister fluoroquinolone to the chick- Wellstone worked in this area and were managers of this bill and urge my col- leaders in mental health parity. There leagues to support this amendment. ens they produce. It is so important that we take this are now 67 cosponsors of this legisla- AMENDMENT NO. 2130 step. Children are at a greater risk to tion. For a number of reasons, we have Mrs. CLINTON. Mr. President, I am suffer from food borne illness and in- not been able to get this matter either pleased to offer an amendment to the fections from antibiotic-resistant bac- scheduled or considered. Agriculture appropriations bill that teria. Data from the Centers for Dis- As I understand what Senator will mean healthier food for school ease Control show that between 1990 DOMENICI is now saying, from his con- kids in New York and across the coun- and 1999 the number of food-borne ill- versations with the Republican leader, try. we will have some assurance that we The amendment prohibits the use of ness outbreaks in schools rose 10 per- funds from this bill for the purchase of cent per year. Over this time period, will have this matter before the Sen- chickens or products of chickens, un- 16,000 children have gotten sick from ate. I just talked with the chairman of less the supplier provides certification school outbreaks. that the supplier does not feed or ad- All this amendment says is that chil- the HELP Committee, Senator GREGG, minister fluoroquinolone to chickens dren eating chicken provided by the who said he would make this a first produced by that supplier. School Lunch Program should be pro- order, a priority in the next session. This is a modest step forward in deal- tected as much as customers at I think what the community is look- ing with the growing problem of anti- McDonald’s and Wendy’s. ing for is assurance there would be biotic resistance. I am pleased that the Senate is tak- Senate action. I understand from Sen- The antibiotics we are dealing with ing a first step today to protect our ator DOMENICI he is fully committed to in this amendment are called school children from possible resistant work and make sure the Senate is fluoroquinolones. Fluoroquinolones, a infections by approving this amend- going to have an opportunity to ad- class of antibiotics that include Cipro, ment. I thank Senators BENNETT and dress this issue in the early weeks of are the first choice in treating severe KOHL for their support, and I look for- this next session. Am I correct? food poisoning and other diseases in ward to working with my colleagues to Mr. DOMENICI. Absolutely. There is humans. ensure that this provision is retained no diminution of interest on my part. I The Food and Drug Administration in conference. started this many years ago. We did has determined that the use of Mr. BENNETT. Mr. President, at the pass it. Now we have to pass it on a full fluoroquinolones in poultry contributes request of the majority leader, I would scale, and we will. We have to wait now to increasing numbers of people becom- like to have Senator DOMENICI recog- for reasons out of our control, but it ing infected with antibiotic resistant nized for a short colloquy and Senator will get done early next year. Campylobacter, which causes severe WARNER recognized for a short an- Mr. KENNEDY. Mr. President, with abdominal pains, fever, and diarrhea. nouncement. the assurances of the Senator from In essence, by using fluoroquinolones The PRESIDING OFFICER. The Sen- New Mexico as a senior member of this in our food, we are ensuring that more ator from New Mexico. body and one all of us know, I have and more people will become resistant MENTAL HEALTH PARITY great confidence in him and know of to certain infections, meaning more Mr. DOMENICI. Mr. President, there his strong passion in this area. I think and more sick people. have been a lot of questions as to the it is enormously important for our Corporate America is already re- status of the mental parity bill and communities across this country, and I sponding to this pressing issue. The where we are going and what our plans certainly welcome those assurances.

VerDate jul 14 2003 04:33 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.052 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14145 Mr. DOMENICI. I thank the Senator. The amendment is as follows: AMENDMENT NO. 2073 The PRESIDING OFFICER. The mi- At the appropriate place in the bill, insert Mr. BENNETT. Mr. President, I ask nority leader. the following: unanimous consent to adopt the pend- Mr. DASCHLE. Mr. President, I want SEC. . TEXAS RICE SAFEGUARD INITIATIVE. ing Kohl amendment, No. 2073. to acknowledge as well the efforts the (a) IN GENERAL.—In order to provide a safe- The PRESIDING OFFICER. Without Senator from New Mexico has made to guard against the further decline of the rice objection, it is so ordered. get us to this point. Many of us had industry and wildlife habitat in Texas, and The amendment (No. 2073) was agreed hoped we could complete our work on to provide information to the congress in an- to. the bill in the Senate this year. I know ticipation of and preparation for the 2007 Mr. BENNETT. Mr. President, I ask bill, the Secretary of Agriculture shall con- it is a disappointment to him we have duct the initiative required under this sec- unanimous consent that following the not been able to do that, but with the tion. vote on final passage, the Senate insist assurances he has given us tonight, (b) ADMINISTRATIVE IMPROVEMENTS.—As an on its amendments, request a con- working with the chairman, the rank- integral part of the safeguard initiative—the ference with the House, and the Chair ing member, and certainly the major- Secretary of Agriculture shall review the ad- be authorized to appoint conferees on ity leader, it would be my hope the ministration and enhance the enforcement of the part of the Senate—— very first legislation we take up in the section 1105(a)(1)(E) of Public Law 107–171 as Mr. BYRD. Mr. President, may we second session will be this legislation. it relates to and is applied to the control of have order in the Senate so we can un- We will work with him, and I hope we noxious weeds and the proper application and implementation of the conserving use re- derstand what the Senator is saying. could have that commitment from peo- quirements on rice base acreage in Texas. The PRESIDING OFFICER. The Sen- ple on both sides of the aisle. I appre- (c) REPORTS TO CONGRESS.—The Secretary ator is correct. The Senate will come ciate his efforts tonight to bring us to shall review and evaluate the costs, benefits to order. this point. and effects of the safeguard initiative on rice Mr. BENNETT. I ask unanimous con- I yield the floor. producers, including tenant rice producers, sent that following the vote on final The PRESIDING OFFICER. The Sen- the rice milling and processing industry, passage, the Senate insist on its ator from Virginia. wildlife habitat, and the economies of rice amendments, request a conference with Mr. WARNER. Mr. President, I wish farming areas in Texas, detailed by each of the House, and the Chair be authorized to address the members of the Senate these affected interests and by the program variables involved in the safeguard initiative to appoint conferees on the part of the Armed Services Committee on both Senate to consist of the members of sides of the aisle. The House of Rep- under subsections (b) and (c), including whether or not producers on a farm have the subcommittee and Senators STE- resentatives is remaining in session qualified plantings. The Secretary shall pro- VENS and BYRD. until the wee hours of the night in the vide to the Committee on Agriculture, Nutri- The PRESIDING OFFICER. Without hopes they can receive from the Senate tion, and Forestry of the Senate and the objection, it is so ordered. a conference report with sufficient sig- Committee on Agriculture of the House of Mr. BENNETT. I ask unanimous con- natures on it by which we can get the Representatives an annual report detailing sent to reconsider the votes of all the bill passed early next week. I am work- the progress and findings of the initiative amendments that have been sent for- ing with my distinguished ranking not later than February 1 of each of the years 2005 through 2007. ward and for that motion to be laid on member, Senator LEVIN, and others. To the table. those who can sign it at this point in Mr. BENNETT. The amendment has The PRESIDING OFFICER. Without time, I would greatly appreciate it. been cleared on both sides. It was inad- objection, it is so ordered. I ask Senator LEVIN be given a vertently left out of the other stack of The motion to lay on the table was chance to reply. amendments that were submitted. I agreed to. The PRESIDING OFFICER. The Sen- ask that the amendment pass on a Mr. BENNETT. I have nothing fur- ator from Michigan. voice vote. ther to say. Mr. LEVIN. Mr. President, I did not The PRESIDING OFFICER. The INITIATIVE FOR FUTURE AGRICULTURE AND hear the beginning of that statement, question is on agreeing to the amend- FOOD SYSTEMS but we are awaiting the document so ment. Mr. HARKIN. The 2002 farm bill reau- we can read it. We would be happy to The amendment (No. 2135) was agreed thorized and increased funding for the give an answer as promptly as we can, to. Initiative for Future Agriculture and after the document is completed, but I Mr. BENNETT. Mr. President, we Food Systems, IFAFS, competitive understand there is some unfinished have come to final passage. May I take grants program, a program originally business and uncertainty that needs to the opportunity once again to thank authorized as section 401 of the Agri- be looked at. Senator KOHL and his staff for the co- cultural Research, Extension, and Edu- Mr. WARNER. The Senator is cor- operative way in which they have rect. Given that this could well mean cation Reform Act of 1998. The Initia- worked to get us to this point. I appre- tive supports outcome-oriented, inte- many Senators will leave, I just wish ciate very much the support of all Sen- to put them on notice we have this one grated research, extension, and edu- ators. cation competitive grants to address shot to get it done so we can have it on I ask for the yeas and nays. the calendar next week. critical emerging agricultural and The PRESIDING OFFICER. The Sen- rural issues related to four key areas: Mr. LEVIN. I think we all hope it ator from Nevada. gets finished, but it is not finished yet. future food production, environmental Mr. REID. I suggest the absence of a quality and natural resource manage- Mr. WARNER. I thank the Chair. quorum. AMENDMENT NO. 2135 ment, farm income, and rural economic The PRESIDING OFFICER. The and business and community develop- Mr. BENNETT. Mr. President, I send clerk will call the roll. an amendment to the desk on behalf of ment. The assistant legislative clerk pro- The farm bill provides $140 million in the Senator from Texas, Mrs. ceeded to call the roll. HUTCHISON, and ask for its immediate mandatory funds from the Commodity Mr. REID. Mr. President, I ask unan- Credit Corporation for IFAFS in fiscal consideration. imous consent the order for the The PRESIDING OFFICER. The year 2004. The appropriations bill be- quorum call be rescinded. clerk will report. fore us contains a provision which pro- The assistant legislative clerk read The PRESIDING OFFICER. Without hibits the Department from imple- as follows: objection, it is so ordered. menting IFAFS in fiscal year 2004. The Senator from Utah. The Senator from Utah [Mr. BENNETT], for However, the bill also allows the De- Mrs. HUTCHISON, proposes an amendment AMENDMENT NO. 2084, VITIATED partment to use 20 percent of funding numbered 2135. Mr. BENNETT. Mr. President, I ask appropriated for the National Research Mr. BENNETT. Mr. President, I ask unanimous consent to vitiate the adop- Initiative, NRI, to carry out a competi- unanimous consent that the reading of tion of amendment No. 2084. tive grants program under the same the amendment be dispensed with. The PRESIDING OFFICER. Is there terms and conditions as those provided The PRESIDING OFFICER. Without objection? Without objection, it is so in the farm bill for IFAFS. The bill as objection, it is so ordered. ordered. amended also requires the Department,

VerDate jul 14 2003 04:33 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.126 S06PT1 S14146 CONGRESSIONAL RECORD — SENATE November 6, 2003 in implementing this provision, to re- sources Conservation Service and its was hoping to accomplish and their 5- quest grant proposals, among the four potential impact on land management year goals have been pushed back due critical emerging issues required by planning on private lands within the to this lack of funding. law, for which the Department has not U.S. Forest Service’s Thunder Basin I would like to see this group funded issued requests for proposals for grants National Grasslands. again in fiscal year 2004 to ensure that in fiscal year 2002 or 2003. Mr. BENNETT. I would be glad to their efforts have not been wasted. It I ask the distinguished chairman and join my colleague from Wyoming in a would be most effective, however, if ranking member if it is their under- discussion and I agree with him that the association was funded at $582,000 standing that in requiring this funding this is an important program for the out of the Conservation Technical As- set-aside to be carried out under the West, and, if it is implemented prop- sistance at NRCS so the group could same ‘‘terms and conditions’’ as the erly, it should help States such as Wyo- get back on track and complete its IFAFS program that the Senate bill in- ming and Utah, maximize local con- planning process on schedule. tends for the Department to ensure servation efforts by allowing them to I ask my colleague if he has any that over time, all four statutorily-des- target dollars where they are needed thoughts on whether or not we could ignated purposes for IFAFS spending most. recommend funding this program Mr. ENZI. I would like to share one are subjects for requests for proposals through the NRCS? and reflected in the overall research example of an effort in Wyoming that has already benefited from this pro- Mr. BENNETT. I agree with my col- portfolio of this portion of the NRI? league that this appears to be a worthy Mr. BENNETT. The Senator is cor- gram and which I feel could greatly project whose goals of habitat protec- rect. benefit in the future from its continued tion and species restoration are con- Mr. KOHL. I agree that the Depart- participation. Three years ago I met sistent with the expressed goals of the ment should fulfill their responsibility with officials from the Thunder Basin Conservation Technical Assistance to give effect to all the provisions of Prairie Ecosystem Association, the De- Program. I believe this innovative ef- the IFAFS program. partment of Interior and the U.S. De- Mr. HARKIN. Is it further the under- partment of Agriculture to discuss the fort should be considered for funding standing of the Senator that the lan- role that private landowners could play by the Department of Agriculture, and guage added by amendment today re- in developing land management plans I encourage them to work with the as- quires the Department to request pro- on Western National Grasslands. The sociation to make these funds avail- posals that specifically enhance farm Landowners Association presented a able. income and rural economic, business, revolutionary proposal to combine the Mr. ENZI. I thank my colleague for and community development? talent and resources of all local land- his thoughts and once again express Mr. BENNETT. Yes. It is my under- owners to develop an Ecosystem As- my appreciation for his leadership in standing that these two critical emerg- sessment and to enter into a series of these important issues. I thank the ing issues have not been funded in the Ecosystem Management Strategy and chair for the opportunity to discuss previous two fiscal years. Conservation Agreements with the this program. Mr. KOHL. I would also concur, and Forest Service and the U.S. Fish and CONTROL OF GEESE IN THE STATE OF NEW YORK would add that it would be my hope the Wildlife Service that would integrate a Mr. SCHUMER. Mr. President, I Department would give particular con- comprehensive, multispecies land man- would like to take a moment to thank sideration to farm income-enhancing agement proposal for more than 260,000 Senator KOHL for his generosity in in- projects that advance the statutory acres of Federal and private lands cluding the increase of $200,000 for the priority mission area related to small within the U.S. Forest Service’s Thun- control of the numerous species of and medium-size farm viability and der Basin National Grasslands. birds that cause hardship throughout competitiveness. Their proposal was to first establish New York. When making the request, I Mr. HARKIN. I thank the distin- a scientific baseline where they cata- meant for the money to be increased guished chairman and ranking mem- loged what was on the land and what specifically to address needs of the ber. I would also point out to my col- species existed. Then they proposed to Hudson Valley and parts on Long Is- leagues that the 2002 farm bill provided use that baseline to make ecosystem- land to control their populations of specific direction for the Department wide management decisions that would geese and ask that the report specifi- to pursue grant making for integrated make the land as a whole more vibrant cally refer to ‘‘an increase of $200,000 research, education, and extension in and more sustainable for a number of for the control of geese in the State of key areas related to rural and agri- species, including the black-tailed prai- New York.’’ culturally-based development and farm rie dog, the black footed ferret and the Mr. KOHL. I thank the Senator for profitability and rural entrepreneur- sage grouse. What they would not do bringing this to our attention. We will ship. I would inform my colleagues was make management plans based on do what we can. that it is my intent to ensure the De- the presence or absence of any one spe- partment solicits proposals in at least cific species or to pit different species’ PROJECTS OF INTEREST IN LOUISIANA some of these critical areas during fis- habitat requirements against each Ms. LANDRIEU. Mr. President, I cal year 2004. other. Their goal was to make the land thank the chairman and ranking mem- CONSERVATION TECHNICAL ASSISTANCE healthier as a whole so that all species ber of the Senate Agriculture Appro- PROGRAM would be better off. priations Subcommittee for the oppor- Mr. ENZI. Mr. President, I wish to As a result of their efforts the De- tunity to address several issues as the thank my colleague from Utah, the dis- partment of Interior was able to pro- Agricultural Appropriations Bill for tinguished chairman of the Senate Ag- vide an initial grant to the Association fiscal year 2004 is considered on the riculture Appropriations Sub- through the Landowner’s Incentive floor of the Senate as well as in a con- committee, for his leadership in bring- Program of $150,000 that allowed them ference with House Agricultural Appro- ing this important spending bill to the to assemble an advisory committee priations Bill for fiscal year 2004. It is floor. Wyoming is greatly impacted by made up of national grasslands experts my intention in this statement to ex- this bill, and Senator BENNETT’s lead- that has helped them develop scientific press positions with respect to several ership is very much appreciated. Be- research and monitoring protocols that areas of particular importance to me cause of this tremendous impact on are now being used to establish base- and my State of Louisiana that the Wyoming, I would like to ask my col- line information on area wildlife and chairman and ranking member will league if he would join me in a col- ecosystem concerns. In fiscal year 2003, take during conference with the House. loquy to discuss one of the programs we funded this program at $175,000 I would also like to thank both the that is funded in his bill. Specifically, which allowed the association to con- chairman and ranking member for the I would like to discuss the Department tinue its monitoring efforts and to host number of my requests that were ad- of Agriculture’s Conservation Tech- a symposium in Wyoming on coopera- dressed in S. Rept. 108–107. nical Assistance Program that is ad- tive land use efforts. These funds, how- There are several instances in the re- ministered through the Natural Re- ever, fell short of what the association port where the committee expresses its

VerDate jul 14 2003 04:33 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.129 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14147 desire that the agency give consider- comprehensively connecting Ouachita ginseng root. I was pleased when por- ation to projects of interest and con- Parish and the surrounding area to tions of the Ginseng Truth in Labeling cern to entities in Louisiana. This re- international trade and commerce. The Act, a bill I introduced in the 107th flects the committee’s finding that committee recognized this need on p. Congress, were included in the Farm these projects are worthy and deserve 111 of S. Rept. 108–107. Security and Rural Investment Act of consideration by the agency. There- Mr. KOHL. I would be pleased to as- 2002. These provisions promote fair fore, I urge you and the chairman of sist you in any way with these worthy trade practices and accurate labeling the Appropriations Subcommittee on projects. Additionally, I will entertain of ginseng products sold in the United Agriculture, Senator BENNETT, to join the possibility of joining you in ad- States. me in further announcing our desire dressing the Secretary of Agriculture The Food and Drug Administration that the Secretary of Agriculture give by way of a letter regarding these spe- (FDA) has issued a direct final rule re- consideration to the following projects cific projects and, if appropriate, will garding the labeling of dietary supple- when granting any available funds encourage our colleague, Chairman ments containing ginseng (68 Fed. Reg. through programs for which these BENNET, to participate as well. 167, August 28, 2003), and indicated that projects may be eligible. AGRO-TERRORISM the industry must currently be in com- First, the Union-Lincoln Parish Mr. HARKIN. Mr. President, it is pliance with this labeling law. How- Water Supply Initiative is a crucial widely felt that we need to do more to ever, FDA has noted in correspondence project which has focused on the deple- protect field crops, farm animals and that it had a number of other priorities tion of the Sparta Aquifer, a natural food processing and distribution of food that: aquifer which is the primary source of from terrorist acts. I understand that . . . required the use of many of the Agency’s drinking water for North Louisiana is the view of the Departments of Agri- limited resources, including enforcement re- and Southern Arkansas. The Sparta culture and Homeland Security. State sources, which would otherwise have been Groundwater Conservation District re- and local governments and the private available for other important FDA programs cently released initial information sector all play an integral role in de- and activities. from its analysis of the Sparta forma- tecting, deterring, and responding to I want to thank the chairman and tion indicating that demand must be acts of agro-terrorism. the ranking member of the Agriculture cut from a projected 72 million gallons We need coordination among the Appropriations Subcommittee for their per day to 54 million gallons per day States in regard to subjects like lab- work on determining funding priorities over the next 10 years. To offset this oratory capacity and testing protocols; for FDA. I ask if the ranking member gap between demand and available sup- training and education protocols; the would participate with me in a brief ply, alternative sources including river tracking of animal and food product colloquy on this subject. water, reservoir water, as well as pos- movements; and post-incident actions Mr. KOHL. On behalf of our home sible other aquifers must be examined. such as rapid response teams, common State of Wisconsin, where 97 percent of The committee recognized this need on incident command structures, quar- the U.S. ginseng crop is produced, 85 page 112 of S. Rept. 108–107. antine procedures, public information percent of the country’s ginseng being Second, the Bawcomville Flood Con- management strategies, and coordina- grown in Marathon County alone, I will trol Pumps, originally constructed in tion with the Centers for Disease Con- happily engage in a colloquy. 1955, protect two residential commu- trol and Prevention and State and Mr. FEINGOLD. Now that we have nities against flooding from the local public health authorities. this ginseng labeling law on the books, Ouachita River. Additional pumping I believe that the Department of Ag- enforcement action is needed. Many of capacity is required to reduce interior riculture needs to be as supportive as my constituents are concerned that flooding and accommodate urbaniza- possible of such efforts. some domestic and foreign companies tion. The committee recognized this Mr. KOHL. Mr. President, the Sen- continue to label and market certain need on p. 110 of S. Rept. 108–107. ator from Iowa raises a good point. Al- products as ginseng when they are in Third, the Southern Training and So- though funds are tight, we should work fact a distinctly different product. We cial Service Complex is of vital impor- to determine how we can improve our must give ginseng growers the support tance to the communities and economy Federal agro-terrorism defenses and they deserve by enforcing this law that of central Louisiana. This facility will work to help the States improve their also helps consumers make informed provide a sports program and after- efforts as well. The potential economic choices about the ginseng that they school juvenile program for at-risk loss from such an event is huge. The consume. youths in the central Louisiana area. danger to human lives could be dra- The FDA Foods program has the pri- The committee recognized this need on matic. I would like to work with the mary responsibility for assuring that p. 111 of S. Rept. 108–107. Senator from Iowa to see what we can dietary supplements in this country Fourth, the Town of Golden Meadow, do to improve our efforts in this area are safe, sanitary, nutritious, whole- LA, requires improvements to the in conference. some, and honestly labeled. Is it your drainage infrastructure on one of its Mr. BENNETT. Mr. President, the understanding that this bill contains main thoroughfares, Jefferson Street. Senators from Iowa and Wisconsin the resources for FDA to carry out The committee recognized this need on raise a very important issue. We all such enforcement action? p. 110 of S. 108–107. hope that we will never have to find Mr. KOHL. That is my under- Fifth, the Town of Golden Meadow, out how good the systems designed to standing. LA, requires a multi-purpose building block or mitigate against agro-ter- Mr. FEINGOLD. I thank my friend, that would serve as the center for rorism are because of an actual attack. Mr. KOHL, the Senior Senator from emergency response during hurricanes But, unfortunately we live in a world Wisconsin. and other catastrophic times. The com- where we must prepare for such threats USDA EFFORTS TO ERADICATE THE EMERALD mittee recognized this need on p. 110 of to the maximum extent feasible within ASH BORER S. 108–107. our available resources. This is an area Mr. LEVIN. Mr. President, I am Sixth, Continental Structural Plas- where the conference committee pleased that S. 1427 acknowledges the tics in Spring Hill, LA, requires plastic should explore the options that are be- problem posed by the emerald ash extruding equipment to manufacture fore us to improve our Nation’s defen- borer. To date, tens of thousands of plastic railroad ties for the proposed sive systems against threats to our ag- Ash trees in my home State of Michi- new railroad line that would bring riculture and food systems. gan have died due ‘‘to infestations of needed economic development in the GINSENG the emerald ash borer,’’ and I am glad area. The committee recognized this Mr. FEINGOLD. I have long advo- that this bill provides $1 million for ef- need on p. 111 of S. 108–107. cated for the honest and accurate la- forts to remove Ash trees that have Lastly, the Greater Ouachita Port beling of ginseng products. Some prod- been claimed by this invasive species. Commission seeks to establish a facil- ucts previously claimed to include a I appreciate the efforts made by the ity that will provide for the operation product known as ‘Siberian Ginseng,’ a Agricultural Appropriations Sub- of a river port and commercial park, bush that is distinctly different from committee to acknowledge and address

VerDate jul 14 2003 04:33 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.060 S06PT1 S14148 CONGRESSIONAL RECORD — SENATE November 6, 2003 the devastation caused by the emerald health and viability of my State’s wine the Agricultural Appropriations Sub- ash borer in Michigan, Ohio and On- grape growers and vintners. committee. As the committee com- tario, Canada, and which is threatening Mr. NELSON of Nebraska. Resource pletes its work on the floor and heads to spread. conservation is an essential element of to conference to finalize this important The provision of funds contained in our nation’s agriculture programs that bill, I want to call the committee’s at- this legislation will assist local com- has proven to be very popular with tention to a unique project in Cali- munities in removing trees that have farmers and ranchers. The incentives fornia that has national implications. been killed by this invasive species. It incorporated in programs such as the I want to call the committee’s atten- is also my understanding that USDA’s Farmland Protection Program, the tion to the Chino Basin Manure Man- Animal Plant Health Inspection Serv- Conservation Reserve Program, and agement Project in Southern Cali- ice—APHIS—provided $14.8 million in the Environmental Quality Incentives fornia. This project is funded through fiscal year 2003 funds to assist with ef- Program, have not only heightened the the National Resources Conservation forts to contain and eradicate the em- awareness and value of good conserva- Service of the U.S. Department of Agri- erald ash borer. tion practices, but they have made it culture. Michigan’s Governor, Jennifer possible for families to constitute lim- In fiscal year 2002, this committee Granholm, has requested that USDA ited production and be compensated for provided $10 million for the Chino provide $33 million in fiscal year 2004 protecting fragile resources. The suc- Basin project. Half of the money was funds for further efforts to combat this cess of these programs is that family spent for regional flood control, and pest. These funds are vitally needed; farms can retain their economic viabil- the other half went to the development however, efforts to combat the emerald ity and continue to contribute to the and construction of an anaerobic di- ash borer should not be dependent upon stability of communities throughout gester facility. the provision of emergency funds each the nation. The Manure Management Project is new fiscal year. USDA must develop a Conservation programs have touched cosponsored by the Inland Empire Util- multi-year plan for eradicating the ash on many fragile resources, but have ities Agency and the Milk Producers borer. not sufficiently encouraged the protec- Council, both in San Bernardino Coun- Mr. KOHL. I agree. The continued tion of the historic heritage that is em- ty. The purpose of this project was to presence of the emerald ash borer bodied in historic buildings, structures, explore an innovative and effective so- threatens the ash tree population not objects, and archaeological sites on lution to the problems associated with only in Michigan, but across our na- farmland. Congress has declared that vast quantities of animal pollution tion. USDA should develop a clear plan the spirit and direction of the nation is which naturally results from large- for eradicating the ash borer. The com- reflected in its historic heritage, and scale dairy operations. This project collects manure from mittee shares your concerns about the that the preservation of this heritage several thousand local dairy cows, presence of the emerald ash borer in is in the public interest. Therefore, I transporting it to a local facility Michigan and other states and asks believe we must work together to pro- equipped with an industrial size anaer- that APHIS provide Congress with a re- tect our common heritage embedded on obic digester. The animal waste is port on the plan and estimated cost of these private lands. placed in a closed, sealed vat, where it eradicating the pest. Senator KOHL, today I am requesting is then simultaneously starved of oxy- a report to the U.S. Congress from the WINE GRAPE FOUNDATION BLOCK FUNDING gen and heated for several days. Mrs. MURRAY. Senator KOHL, in fis- United States Department of Agri- Under normal circumstances, we cal year 2003, Congress provided $150,000 culture evaluating their conservation would typically think of manure as to the Agriculture Research Service in programs under the Natural Resources both a cost and a pollutant. However, Prosser, WA, to help with the develop- Conservation Service and all other the end result of this project is the de- ment of a foundation block of certified USDA county-based farm agencies with velopment of two marketable products: ‘‘clean’’ rootstock. the objective of determining what af- methane gas and organic fertilizer. The The rapid expansion of the Wash- firmative and programmatic actions methane is used in the production of ington wine industry has raised con- are being taken to conserve and pro- electricity, and the project’s pro- cerns that new vineyards will use non- tect archaeological and historical re- ponents are currently in the process of certified, diseased rootstock that could sources on agricultural lands. Further- developing a market for the resulting economically devastate the Wash- more, this report should also provide or fertilizer. ington wine industry. suggest new methods or program modi- In addition to creating marketable I recently learned that ARS did not fications to the conservation programs methane and fertilizer, this project dedicate all of the fiscal year 2003 fund- which will increase the protection of also produces an impressively long list ing to this project, but other research historical and archaeological resources of additional benefits, including im- projects as well. on agricultural lands and help deter- proved air quality, reduced ground- The fiscal year 2004 Agriculture Ap- mine the manner in which these type water contamination, and even im- propriations bill provides $150,000 to of lands can be included within the proved health of the cows at the dairy. ARS to continue this project. The in- overall goal of natural resources pro- A recent estimate indicates that if tent of this project is clear and not tection. all the manure in the Chino area was subject to interpretation by ARS. I ask Finally, I am requesting that this re- processed in anaerobic digesters this that the record reflect that this fund- port be completed within 120 days of would eventually produce approxi- ing is to develop a wine grape founda- enactment of the Fiscal Year 2004 Agri- mately 50 megawatts of renewable elec- tion block. In addition, I ask that the culture appropriations bill. tric power per year. Even more signifi- conference report accompanying the Senator KOHL, will you support this cantly, it will also remove significant agriculture bill include language di- request and work towards its inclusion amounts of air pollutants. For exam- recting ARS to allocate this funding in in the final conference report of the fis- ple, the current operational digester a manner consistent with congres- cal year 2004 Agriculture appropria- removes 15,000 tons of carbon dioxide or sional intent. tions bill? its equivalent from the atmosphere per Senator KOHL, do you agree with the Mr. KOHL. Senator NELSON, I appre- year. The next anaerobic digester built intent of this project? ciate you bringing this matter to my because of its larger capacity will like- Mr. KOHL. Yes, Senator MURRAY, I attention. I will work to include this ly triple that amount to about 45,000 agree. Thank you for bringing this provision during conference negotia- tons of CO2 or its equivalent per year. issue to my attention. I will work in tions of this bill. The Inland Empire Utility Agency conference to do what I can to support CHINO BASIN MANURE MANAGEMENT PROJECT and the Milk Producers Council are your request and to include language Mrs. FEINSTEIN. Will the Senator seeking funding to expand and refine in the final statement of managers. yield for a colloquy? the application of this and similar Mrs. MURRAY. Thank you Senator Mr. BENNETT. I am pleased to do so. technologies. The cost of a second di- KOHL for your support on this issue. Mrs. FEINSTEIN. I thank my distin- gester is approximately $9 million dol- This project is critical to the long-term guished colleague and the chairman of lars, and they have already received a

VerDate jul 14 2003 04:33 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.062 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14149 commitment from the California En- by African Americans in the United USDA. Dismayed by continued com- ergy Commission for the balance of the States. plaints from both clients and employ- necessary funds. However, by the end of the 20th cen- ees about the inhospitable atmosphere The Inland Empire Utility Agency tury, African Americans owned only a towards minorities at USDA, the farm and the Milk Producers Council are re- quarter of the land that they had held bill created, for the first time, the posi- questing that a $5 million grant be in- a century prior, and the number of Af- tion of Assistant Secretary for Civil serted into this appropriations bill. rican American farmers in the United Rights. That position has been filled The first plant—a demonstration of States had fallen from a peak of almost for several months now, and I am hope- this technology—was built on time and 1 million to only about 20,000. Scholars ful that the Assistant Secretary for on budget, and is successfully oper- estimate that, between 1920 and 1940, Civil Rights will be able to create posi- ating today. Although the next phase African Americans were losing land at tive movement in this regard. It is past of this project was contemplated as a rate of 350,000 acres annually. time for USDA to shed the shameful part of their original program, the Na- Sadly, USDA has done little to ad- nickname, ‘‘The Last Plantation,’’ that tional Resources Conservation Service dress this issue. In fact, many people many have given it due to its civil has informed Inland Empire and the believe, and I am inclined to agree with rights atmosphere. Milk Producers Council that funds are them that, if anything, USDA has con- The House recognized the necessity unavailable at this time. tributed to the problem. Black farmers of doing more for socially disadvan- The National Resources Conservation have long alleged discrimination at the taged farmers and USDA employees Service highlights and salutes this hands of the Department of Agri- earlier this year when it passed by project nationally, as this project has culture. Because of this discrimination, voice vote an amendment to the Agri- become a de facto ‘‘national dem- thousands of farmers were denied ac- culture appropriations bill that in- onstration project.’’ Communities, cess to USDA loans and other programs creased funding for several important water districts, dairymen, and even In- and many lost their farms because of civil rights functions. First, it in- dian tribes from across the Nation have the competitive disadvantage at which creased funding for the Office of Civil gone to Chino to examine this unique this placed them. Rights by several million dollars. partnership between the Chino Basin In the 1990s, these farmers filed a These additional funds will enable the dairy industry and the local water class action suit against USDA seeking Department to clear out its backlog of agency. redress for this discrimination. As a re- hundreds of civil rights complaints, The Inland Empire Utilities Agency sult of this suit, USDA and the claim- many of which stagnate for months and Milk Producers Council’s request ants entered into a consent decree. and months. We need to wipe the slate deserves consideration by this com- Under that agreement, hundreds of clean. As long as USDA is unable to mittee in the pending appropriations millions of dollars have been paid to deal with this backlog it will be dif- bill. I ask the subcommittee chairman African American farmers who were ficult for it to concentrate on its pri- to consider this project as the appro- discriminated against by the Depart- mary task; preventing such complaints priations bill is finalized. ment of Agriculture. from arising in the first place and mak- Mr. BENNETT. I thank the Senator While this case was a start, it can ing the Department of Agriculture hos- for calling this to the committee’s at- never fully compensate black farmers pitable to all farmers regardless of tention. for their losses. In addition, it did little race, sex, or creed. Mrs. FEINSTEIN. I thank the Sen- to address the needs of minority farm- ator. I hasten to point out another at- ers—African Americans, Hispanics, and The House-passed amendment also tribute of this project. As the water others, who continue to seek to farm increased funding for the section 2501 quality problems on the Santa Ana today. We can’t just look back. We Program for Socially Disadvantaged River are gradually resolved—and this must look forward to keep minorities Farmers. Despite being the primary project certainly contributes to resolv- in farming and to encourage others to program by which to make USDA pro- ing some of those problems—the supply begin farming. We can start with the grams available to minority farmers, of clean, usable water in Southern Cali- appropriations bill for fiscal year 2004. the section 2501 program has been flat- fornia is expanded. It is yet another Comparing the bill before us today funded for several years. The Senate way to ensure that the Quantification with the bill passed by the House of bill before us today provides a little Settlement Agreement on the Colorado Representatives, I must say that the over $3 million for the section 2501 pro- River is implemented in a timely and House-passed bill is better for minority gram. This modest increase over last meaningful manner. Utah and the rest farmers. Recognizing that money is year’s funding is a commendable start, of the Colorado Basin States should tight and that the chair and ranking but it is not nearly enough. The House welcome these types of investment in member have worked arduously to bill, on the other hand, increased fund- Southern California. craft a bipartisan bill, I have decided ing by $5 million to a total of over $8 Mr. BENNETT. Again, I thank the not to offer an amendment to this bill million. The level provided in the Senator for bringing this issue to my to increase funding for programs that House bill is clearly more consistent attention. I look forward to working affect minority farmers, such as the Of- with the need to reach out to minority with my colleague on this issue in con- fice of Civil Rights and the 2501 Out- and socially-disadvantaged farmers. I ference. reach Program for Socially Disadvan- hope that the chairman and ranking member of the committee will agree to MINORITY FARMERS AND CIVIL RIGHTS AT USDA taged Farmers. However, it is my sin- Mrs. LINCOLN. Mr. President, I rise cere hope that as this bill goes to con- the House funding levels for this pro- today to express my concern about the ference committee, the chair and the gram in the conference committee. status of minority farmers in the ranking member will work with their Mr. BENNETT. The concerns that my United States and to indicate my hope counterparts in the House of Rep- colleagues have raised in this regard to the chairman and the ranking mem- resentatives to craft a final bill that are important ones and ones that I ber that the final Agriculture appro- closely resembles the House bill with share. I will do all that I can to address priations bill for fiscal year 2004 will regards to minority farmers and civil their concerns about minority farmers include meaningful increases in pro- rights at the Department of Agri- and civil rights at USDA as we rec- grams that are priorities to the minor- culture. oncile the Senate and House bills in ity farm community. Mr. HARKIN. Mr. President, I concur conference. It is no secret that minority farmers with the remarks made by the Senator Mr. KOHL. I concur with the com- in the United States are an endangered from Arkansas and also express my ments of my colleagues and pledge to species. In the early 1920s, African support for increased funding for civil work in conference to address their Americans owned between 16 million rights and for minority farmers at the concerns relating to increased funding and 19 million acres of land, most of it Department of Agriculture. for the Office of Civil Rights and for in the rural South, which includes my In the most recent farm bill, the the section 2501 Program for Socially home State of Arkansas. At that time, Committee on Agriculture once again Disadvantaged Farmers to the levels there were over 920,000 farms operated took up the issue of civil rights at agreed to in the House-passed bill.

VerDate jul 14 2003 04:33 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.121 S06PT1 S14150 CONGRESSIONAL RECORD — SENATE November 6, 2003 MCGOVERN-DOLE FOOD AID climates. The goal of the study would ing member of the Agriculture Appro- Mr. BROWNBACK. Mr. President, the be to identify conservation rotations, priations Subcommittee. As the rank- Senate Agriculture appropriations bill cover crops, seeding techniques, and ing member knows, on September 4, only includes $25 million for the residue management practices that 2003, the Asian long-horned beetle was McGovern-Dole International Food for would make conservation tillage ac- discovered in Woodbridge, Ontario, and Education and Child Nutrition Pro- ceptable and profitable in these cli- the area is under quarantine as the Ca- gram. The Bush administration has mate transition areas. It is my hope nadians try to eradicate the infesta- said that $25 million is not a level ade- that in conference a small Federal in- tions. Despite the quarantine in On- quate to achieve the objectives of this vestment could be directed to this im- tario, the Asian long-horned beetle pre- important program. I agree with the portant study. sents a real threat to Michigan. Cur- administration that $25 million is woe- Mr. DORGAN. The southeast region rently, there are 180 trash trucks from fully inadequate and would like to see of North Dakota is very unique. It has Ontario that are sent to Michigan’s the Senate fund this program at the one of the largest concentrations of landfills every day. Despite the fact $300 million level for which it was wetlands. As a result, most of the re- that it is illegal to dump yard waste in originally authorized. However, at a search that has been conducted on con- Michigan’s landfills, these trash trucks minimum, I contend that the Senate servation cropping systems does not have been found to contain this illegal should accept the $56.8 million cur- adapt well to this region. Crops in this waste. According to a September 22, rently in the House bill. region can range from flax to alfalfa to 2003 report by the Michigan Depart- McGovern-Dole food aid is vitally im- edible peas to corn to wheat. Further, ment of Environmental Quality, portant because it: one, provides hu- previous studies have not included MDEQ, entitled, ‘‘Report on Waste In- manitarian assistance by reducing inci- many of the crops that can be grown in spections at Michigan Landfills,’’ more dence of hunger among the nearly 300 this region or shown how different than 25 percent of the Ontario waste million chronically hungry school-age cropping systems can be made profit- inspected contained yard waste. Waste children and also promotes maternal, able. With the high cost of crop inputs originating in Ontario had the highest infant, and child nutrition programs and low commodity prices, producers percentage of loads containing yard for pregnant women, nursing mothers, are looking for ways to make a profit. waste of all out-of-state waste that infants and children five years old and This study will provide producers with comes into Michigan, despite Michi- under, two, enhances literacy and pri- a very good tool to measure one crop gan’s prohibition. Our Michigan com- mary education by increasing school rotation against another, thereby in- munities are extremely concerned that attendance of those 120 million school- creasing their profitability. APHIS has not thoroughly examined age children who currently do not at- Mr. KOHL. I thank my colleagues the potential threat of infestation that tend school—sixty percent of which are from North Dakota for bringing this these Canadian trash trucks present. girls, and three, reduces terrorism by issue to our attention. I agree that Mr. LEVIN. Mr. President, I join the fostering goodwill toward the United such a study on conservation cropping junior Senator from Michigan in her States. systems in transitional climate areas concern for this potentially dev- I would like to know the chairman’s would be very beneficial, particularly astating problem. The Canadian yard position on funding for McGovern-Dole for farmers, and I would be happy to waste, which includes tree branches food aid. try to assist you in conference. and trimmings, poses a serious threat Mr. BENNETT. I appreciate my col- AMENDMENT NO. 2088 of spreading the Asian long-horned bee- league bringing this matter to my at- Mr. HARKIN. Mr. President, I say to tle to Michigan. According to the tention. I agree with my colleague that Senators AKAKA and KOHL, I would like USDA, these beetles lay their eggs in this is a vital international food aid to clarify a specific matter related to grooves that they chew into the tree’s program that provides much needed amendment no. 2088 to S. 1427 con- branches and trunk. The beetle re- humanitarian assistance and increases cerning the protection of downed ani- quires 1 to 2 years to completely de- school enrollment. Thus, I pledge to mals. First of all, I applaud their ef- velop from an egg to an adult and feeds the Senator from Kansas that I will forts to protect this Nation’s food sup- on the host tree during that time. work in conference to secure the House ply and minimize the suffering of non- Branches and tree scraps brought into level of $56.8 million. ambulatory animals. The clarification Michigan as yard waste could contain Mr. BROWNBACK. I thank the dis- I have concerns animals raised by beetle eggs and larvae that are embed- tinguished chairman and look forward farmers and then custom processed so ded in the bark. The Asian long-horned to working with him on this matter. that all of the meat and meat products beetle is extremely destructive to CONSERVATION CROPPING SYSTEMS PROJECT from that animal will be for the farm- hardwood trees, particularly maple, Mr. CONRAD. Mr. President, I com- er’s personal use. I understand that poplar and willow trees. Michigan’s mend the leadership of the Appropria- this amendment does not affect a Fed- tree population has already been se- tions Committee, and particularly Sub- erally inspected facility’s ability to en- verely damaged by the spread of the committee Chairman BENNETT and gage in this type of processing. Am I emerald ash borer beetle, which has Senator KOHL for their work on this correct that consistent with 21 U.S.C. killed over 6 million trees in Southeast bill. I wanted to bring to the sub- 623(a), this section does not affect the Michigan and caused over $162 million committee’s attention the lack of in- ability of establishments at which in- in damage. The USDA must act imme- formation on conservation cropping spection occurs under the Federal Meat diately to prevent another devastating techniques in transitional climate Inspection Act, 21 U.S.C. 601, to slaugh- infestation, the Asian long-horned bee- areas. ter animals or prepare meat or meat tle, from spreading into Michigan. Conservation cropping systems have food products on a custom basis where Mr. KOHL. Mr. President, I thank the proven very effective in reducing soil the animal is raised by the person and distinguished Senators from Michigan erosion, saving moisture and increas- the meat and meat products are for the and concur with them that this is a ing yields in arid regions of the coun- exclusive use of the person and the per- problem that must be immediately ad- try. Unfortunately, the adoption of son’s household, nonpaying guests, and dressed. I will work in conference to in- this type of system has been difficult employees? clude in the statement of managers in climate transition areas where pre- Mr. AKAKA. That my understanding. language requiring APHIS to do a com- cipitation is more abundant and pre- Mr. KOHL. That is my under- prehensive review of their procedures dictable because there was little or no standing. and regulations, and report to Congress immediate economic advantage to Mr. HARKIN. Thank you for that by January 1, 2004, on whether or not doing so. Efforts are getting underway clarification. these regulations and procedures are to study the use of conservation crop- ASIAN LONG-HORNED BEETLE adequate to prevent the Asian long- ping techniques in southeastern North Ms. STABENOW. Mr. President, I horned beetle from entering into Dakota, northeastern South Dakota rise to engage in a colloquy with the Michigan in Canadian trash trucks. and western Minnesota, a transition distinguished senior Senator from Mr. LEVIN. I thank the distinguished area between subhumid and semiarid Michigan and the distinguished rank- ranking member of the subcommittee.

VerDate jul 14 2003 04:33 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.123 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14151 Ms. STABENOW. I thank the distin- gram to the Great Lakes region, and the Senator from California by saying guished ranking member of the sub- we will do what we can to support the that I appreciate the value of sound re- committee. House funding allocation for this pro- search programs that use a combina- PHYTOPHTHORA ROOT ROT gram in conference. tion of the expertise of the industry in- Ms. STABENOW. Mr. President, I GRAPE GENOMICS RESEARCH CENTER AND volved, the best scientists in our uni- rise to engage in a colloquy with the VITICULTURE CONSORTIUM versities, and the outstanding sci- distinguished senior Senator from Mrs. FEINSTEIN. Mr. President, I entific resources within the Depart- Michigan and the ranking member of wish to express my support for the Fis- ment of Agriculture. As Senator FEIN- the Agriculture Appropriations Sub- cal Year 2004 Agriculture appropria- STEIN noted, we have fiscal restraints committee. As the ranking member tions bill and to commend the leader- with which we must abide. I assure the knows, phytophthora root rot is de- ship of the subcommittee for crafting Senator that I will bring an open mind stroying crops and ravaging soil this bill under very difficult financial to the conference and will try to craft throughout the State of Michigan. constraints. the best possible legislation. Many growers are reporting major I wish to thank the subcommittee for I certainly will do what I can in con- losses, despite following recommended recognizing the importance of the ference to see that this research con- control strategies, and it is devastating winegrape and wine industry for the tinues, and I will carefully consider the our cucumber, pole bean and soybean U.S. economy and the economy of Cali- $3 million proposed for the Grape crops. Michigan State University is ex- fornia. Winegrapes account for two- Genomics Center at UC Davis. amining ways to contain and eradicate thirds of the total U.S. grape crop. Fur- Mrs. FEINSTEIN. Mr. President, root rot and they need $184,000 to con- thermore, grapes are the highest value once again, I thank the subcommittee, duct this critical research. Would the fruit crop in the U.S. and are the sev- and I wish to raise one more issue that distinguished ranking member work enth largest agricultural crop in our relates to getting the best possible use with us in conference to obtain this nation. For my home State of Cali- of the research dollars. Both the Sen- critical funding? fornia, the winegrape industry pro- ate and House bills include funding for Mr. LEVIN. Mr. President, I join the duces $33 billion for the economy, mak- the Viticulture Consortium at last Senator from Michigan in asking the ing winegrapes the State’s largest agri- year’s level of $1.8 million from distinguished ranking member to give cultural crop. Yet, unlike most of our CSREES. I remain hopeful that this this important project consideration in Nation’s largest crops, winegrapes re- funding level can be increased to $2.5 conference. Phytophthora root rot is a ceive no direct farm subsidies. million. The Viticulture Consortium is fungus that is destroying crops and I would like to ask Ranking Member a truly unique and effective research once the soil is infested, it must be KOHL about two items in this legisla- program that addresses unmet national taken out of production for 10 years. tion that involve cooperative research research needs important to the Currently, methyl bromide, which has efforts that are essential to the future winegrape growing industry. The con- been used by fresh market growers to of the winegrape and wine industry. sortium is an active partnership of control the disease, is scheduled to be First, the House legislation includes $3 Federal, State, and industry resources phased out in 2005. New research is million in ARS funding for a Grape which enhances research coordination, needed to develop tools that can effec- Genomics Research Center at the Uni- improves research efficiency, and tively contain and eradicate this dev- versity of California at Davis. It is im- eliminates duplication of effort. This is astating disease. portant that this funding level be a collaborative program administered Mr. KOHL. Mr. President, I thank the maintained in the final version of this by Cornell University, Penn State Uni- distinguished Senators from Michigan, bill. Funding for such projects is cru- versity, and the University of Cali- and I will be happy to work with them cial since cooperative research has fornia. Research proposals have been in conference to obtain funding for this been behind the success of the received from 20 States and research critical phytophthora root rot research winegrape industry. Investment in re- priorities are developed by a national at Michigan State University. search must continue if we are to with- network of key industry research and Mr. LEVIN. I thank the distinguished stand the rigid competition from our extension representatives known as the ranking member of the subcommittee. world neighbors who would love to re- American Viticulture and Enology Re- Ms. STABENOW. I thank the distin- place our industry with their own prod- search Network, AVERN. This type of guished ranking member of the sub- ucts. This can only be done with the collaborative program can serve as a committee. cooperation of the U.S. Congress to en- model for research involving other Mr. LEVIN. Mr. President, I wish to sure the American wine industry has commodities. ask my colleagues from Utah and Wis- the necessary resources to continue the Again, recognizing the limits facing consin if they are aware of the great cutting edge research and development us, I ask the leaders of the sub- need to control erosion and sediment in that has kept this industry competi- committee to work with me to provide the Great Lakes region. tive. a modest increase in the funding level Mr. BENNETT. I am told that ap- In California, winegrapes are grown for the Viticulture Consortium in this proximately 63 million tons of topsoil in areas being rapidly developed into bill. erodes from cropland in the Great urban uses. If our winegrape and wine Mr. KOHL. I appreciate this unique Lakes basin each year, reducing agri- industry is to continue to thrive, we effort to use a cooperative approach to cultural productivity. I am willing to must be more efficient with our land; get the most output out of each scarce address this problem. we must produce grapes more resistant research dollar appropriated to the Mr. DEWINE. In the past, this sub- to diseases; and we must be good neigh- winegrape and wine industry. I also committee has been very supportive of bors to the surrounding environment. look forward to working with the Sen- the Great Lakes Basin Soil Erosion and This proposed $3 million investment in ator on this issue, not only in the up- Sediment Control Program. The Great viticulture research will ensure that coming conference, but also in the fu- Lakes Basin program is a federal— already successful collaborative efforts ture to see how the Viticulture Consor- state partnership, and its goal is to among the grape and wine industry, tium can continue to expand on its ex- protect and improve Great Lakes water universities, and USDA is continued in cellent work. quality by controlling erosion and sedi- the years to come. It is a wonderful in- AMENDMENT NO. 2090 mentation; limiting the input of asso- vestment into our industry’s future. I Mr. HARKIN. Mr. President, I com- ciated nutrients and toxic contami- ask Senator KOHL that in conference ment on the Hatch-Harkin-Durbin nants; and minimizing off-site sources with our House colleagues, we make amendment No. 2090 adopted by the of damages to harbors, streams, fish every effort to ensure this important Senate yesterday. This action taken by and wildlife habitat, recreational fa- funding in the House bill is kept in the the Senate is an important step in our cilities and the basin’s system of public final version of the fiscal year 2004 Ag- continuing efforts to assure that Amer- works. ricultural appropriations bill. icans have access to high quality die- Mr. KOHL. The chairman and I un- Mr. KOHL. Mr. President, I would tary supplements to maintain and im- derstand the importance of this pro- like to take a moment to respond to prove their health.

VerDate jul 14 2003 06:11 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.070 S06PT1 S14152 CONGRESSIONAL RECORD — SENATE November 6, 2003 Over 158 million Americans take die- provided by DSHEA. It has failed to The 2002 farm bill increased the pay- tary supplements to maintain and im- carefully review claims for truthful- ment limitation nine-fold to $450,000 prove their health. From vitamin C to ness. It has failed to put in place new over the 6-year life of the farm bill. calcium to glucosamine to beta caro- good manufacturing practice stand- The $450,000 limit was arrived at in tene, there is a full range of healthful ards. It has failed to aggressively re- the House-Senate conference com- supplements that are part of the daily move from the market illegal street mittee. The Senate version of the farm lives of people all over this country. drug knock-offs and other products bill had a 5-year $150,000 limitation. Consumer expenditures on these which are in clear violation of DSHEA The House bill had a $200,000 limita- products reached a reported $17.1 bil- requirements. tion. lion in 2000, double the amount spent Part of the problem has been re- Amazingly, on the very last day of just 6 years earlier. And, according to a sources. The FDA needs adequate re- the farm bill conference the payment recent report by the Food and Drug Ad- sources to appropriately implement limit was increased to $450,000, three ministration, the use of dietary supple- and enforce DSHEA. Congress has re- times greater than what the Senate ments is likely to grow due to factors sponded by regularly providing funds had approved. This new number showed such as the aging of the baby-boom over the last several years beyond up out of nowhere, with virtually no generation, increased interest in self- those requested in the President’s discussion or debate in public. The Senate bill contained an impor- sufficiency, and advances in science budget, reaching $9.7 million in fiscal tant provision related to the payment that are uncovering new relationships year 2003. limit. All payments were made directly between diet and disease. The amendment we approved yester- attributable to real persons by Social In response to efforts by the Food day would increase funding for imple- Security number. This direct attribu- and Drug Administration to inappro- mentation and enforcement of DSHEA tion provision was intended to prevent priately cut off consumers’ access to by at least 17.5 percent. It requires participants from forming dummy cor- some supplements, in 1994, the House FDA to spend no less than $11.4 million for this purpose, $1 million more than porations and partnerships for the pur- and Senate unanimously approved the pose of getting around the payment Dietary Supplement Health and Edu- requested by the administration. This is a substantial and necessary increase. limit and collecting multiple pay- cation Act, DSHEA. I was pleased to ments. have played a role in crafting this im- I would like to see even more devoted to this purpose. In fact, S. 1538, legisla- This provision was retained in the portant legislation. This law balanced conference committee, so that at least tion Senator HATCH and I introduced continued consumer access to vita- the $450,000 limit was to apply to an in- mins, minerals and other dietary sup- earlier this year would increase FDA funding to $20 million next year, rising dividual or an entity regardless of the plements, increased scientific research number of farming sites in an oper- on the benefits and risks of supple- to $65 million per year within 5 years. We will continue to work to gain adop- ation or the number or type of business ments and needed consumer protec- arrangements the EQIP operator was tions. tion of this more aggressive approach. I thank the chair and ranking mem- engaged in. DSHEA provides a number of impor- In promulgating rules and guidance ber of the Agriculture Appropriations tant consumer protections. It requires for the implementation of EQIP, how- subcommittee for their willingness to that claims made on supplement la- ever, USDA has decided to allow the work with us and gain approval of this bels, packaging and accompanying ma- $450,000 to be multiplied by the number important consumer protection amend- terial be ‘‘truthful, non-misleading and of partners in a single farming oper- ment. I also want to express my sup- substantiated.’’ In addition, the act ation. This essentially makes the limi- port for an amendment Senator DURBIN prohibits manufacturers from making tation meaningless, since it allows offered to expedite the FDA’s action on claims that products are intended to business structures to be arranged to dietary supplements containing diagnose, treat, cure or prevent a dis- collect multiple payments. ephedra. The FDA should make a deci- While no single person could collect ease. sion promptly on this matter and it DSHEA also provides for good manu- more than $450,000, relatives, employ- should be based on sound science. facturing practice standards setting re- ees, farmhands and others could be Mr. GRASSLEY. Mr. President, prior made partners that each could collect quirements for potency, cleanliness to the 1996 farm bill, the annual cost- and stability of products. It requires up to the maximum amount. share assistance payment limitation Farmer demand for EQIP remained that manufacturers submit adequate for the Agricultural Conservation Pro- information as to the safety of any new very high throughout the 1996 farm bill gram, ACP, was $3,500. With the advent period and its $50,000 multi-year limita- ingredients contained in dietary sup- of the Environmental Quality Incen- plements before those products can be tion. Demand outstripped funding. tive Program, EQIP, in 1996, the annual Congress responded in 2002 by in- sold. cost-share assistance payment limit DSHEA also provided the Federal creasing total funding for EQIP five was increased to $10,000 per year. fold, and I was heavily involved with Government a number of avenues for EQIP also instituted another change, the removal of unsafe dietary supple- that effort. rather than single year agreements, However, by simultaneously increas- ments from the marketplace. If the conservation agreements under EQIP ing the payment limit nine fold, the FDA determines that a product poses were set at a minimum of 5 years to new $1 billion per year funding level an unreasonable risk when taken as di- improve conservation benefits and in- may not result in more farmers being rected, the product can be removed crease farm payments. Hence, the 1996 served, which was Congress’ intention. from the market. If the Secretary de- law set a 5-year payment limitation of The ranking systems in many States termines that a product poses an immi- $50,000 for those rare instances in being put in place to determine who nent hazard to the public health, he which a participant received the max- wins EQIP contracts and who goes on can remove the product from sale. imum $10,000 annual payment each of 5 the waiting list appears to be favoring Finally, in order to promote ex- years. the large farm/large contract appli- panded scientific research on the bene- Between 1996 and 2002, the national cants. fits and health effects of dietary sup- average EQIP cost share amount per My amendment would scale the pay- plements, DSHEA mandated the estab- farm per 5-year contract was less than ment limit back to $300,000. This is still lishment of the Office of Dietary Sup- $10,000, or less than 20 percent of the double the amount passed by the Sen- plements within the National Insti- $50,000 payment limitation. ate in 2002, and more than adequate for tutes of Health. This research is cru- Between 1996 and 2002, for animal 97.8 percent of EQIP participants. cial to expanding reliable information waste storage structures, one of the My amendment does not scale back to the American people. most expensive practices eligible for funding for EQIP. Rather, it provides Unfortunately, despite some recent EQIP assistance, the national average that dollars appropriated by this bill improvement, the history of implemen- per farm per 5-year contract amount cannot be used to pay USDA salaries tation of DSHEA by the FDA has been has been $13,573, also considerably and expenses to operate the EQIP pro- poor. The Food and Drug Administra- below the $50,000 payment limitation at gram with payments greater than tion has failed to use the many tools that time. $300,000 per agricultural operation.

VerDate jul 14 2003 04:33 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.074 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14153 Adoption of this amendment will While this may not seem like a seri- bill this year, instead of the week or allow more farmers to participate in ous risk, I can tell you that the threat more we spent in recent years. the program in the coming year. Adop- is real. We know some of the 9/11 hi- He has taken what is often a thank- tion of the amendment will result in a jackers had agriculture training, and less job and has performed admirably. fairer distribution of dollars within the the former Soviet Union had He deserves both the thanks and praise program. Adoption of this amendment weaponized many of these diseases. The of the Senate. will prevent EQIP resources from being intentional introduction of any of I say to the chairman, job well done. gobbled up by a few large contracts to these diseases would have a dev- Mr. MCCAIN. Mr. President, the agri- mega farms. astating impact on both the agri- culture appropriations bill funds sev- This is a fair compromise, a good culture and national economies. eral important programs at the Depart- compromise. It provides access to the Regarding the Dole-McGovern pro- ment of Agriculture, the Food and program by all types of farms and all gram, it often provides the only meal Drug Administration, and other domes- sizes of farms, but it puts a limit on that many students—particularly tic food services provided through the the amount of taxpayer support any those in the Middle East—receive each Department of Health and Human one operation can receive. day. Services. These funding programs are If we do not pass this amendment, I Young girls go to school so they can critically important to our Nation’s think by the time of the next farm bill receive these meals. They gain an edu- farmers, families, and children. there will be lots of media attention fo- cation, they broaden their horizons, Considering the importance of this cused on how this environmental qual- and it will eventually help to bring bill, and at this critical time, I am ity cost share program has become a greater stability to that part of the once again greatly disappointed to re- port the amount of flagrant porkbarrel new subsidy program, paying out six world. and seven figure checks, for the Na- Young boys go to schools where they spending in this bill. This year’s agri- tion’s biggest operations. And there can receive a meal and instruction in culture spending bill includes nearly will be questions about why an envi- math and science instead of radicalism $300 million in questionable earmarks. Despite the obvious need to eliminate ronmental program is leading to con- and extremism. Many terrorist recruit- the excessive special interest earmarks centration and consolidation. ers get their youngest members in the agriculture appropriations bill, A $450,000 payment limit has no ef- through the offer of a warm, nutritious the appropriators tacked on 395 of the fect on 98.9 percent of all livestock op- meal each day. usual garden-variety, special interest erations. A $300,000 payment limit has We must give these students the op- earmarks. Sadly, it appears that the no effect on 97.8 percent of all livestock portunity to be fed and get a basic edu- porkbarrel ‘‘business as usual’’ atti- operations. That means my amend- cation, rather than spending their days ment only affects 1.1 percent of live- tude reigns once again. learning how to fire an AK–47. Thus, I Let’s take a look at some of the stock operations. urge support for these programs as this The 1.1 percent of mega-operations porkbarrel projects in this year’s agri- bill moves to conference. will still be eligible for $300,000. They culture appropriations bill: Before yielding the floor, I also wish just will not be able to take such a big An increase of $300,000 over the fiscal to make a few comments regarding our piece of such a small pie. I do not think year 2003 level for research on alter- new subcommittee chairman. it is unreasonable to reduce full fund- native swine research; When I first heard he would become ing for the largest 1.1 percent of live- An increase of $1.4 million over the chairman of the subcommittee, I didn’t stock operations so that more family fiscal year 03 level for dairy forage re- know whether to congratulate him or farmers can participate. search in Madison, WI; So what I am saying is let’s be care- send him a sympathy card. An increase of $1 million for research I have spent the better part of the ful. Let’s be balanced. Let’s increase on taramix control using China beetles years I have had the privilege to serve the payment limitation, and avoid a in Reno, NV; Kansas in the House and Senate wan- ‘‘sky’s the limit’’ approach. A $100,000 increase for the develop- Mr. ROBERTS. Mr. President, I rise dering around in what you might call ment of commercially approved vac- today to provide a few brief comments the agriculture policy pasture. For a cines for catfish in Auburn, IL; on the Agriculture appropriations bill short time, I even served as the head of An increase of $450,000 over the fiscal and to also make a few comments re- the sometimes powerful House Agri- year 03 level for a laboratory in garding my friend and colleague, the culture Committee. Parlier, CA, to study the Glassy- distinguished new chairman of the sub- What my ears in that pasture have winged sharpshooter and Pierce’s dis- committee, the Senator from Utah. taught me is that if you spend much ease; The chairman has done an out- time dealing with agriculture policy, A $150,000 increase to study grape ge- netics in Geneva, NY; standing job putting this bill together you often end up feeling like your are An additional $300,000 for potato stor- under a difficult budget allocation, and straddling the barbed wire fence. The issues are never easy. age research in Madison, WI; I congratulate him for his work. An additional $200,000 for research on I also want to make a few comments There are often strong and very real policy differences among the farm seafood waste at the University of regarding several programs in this bill Alaska; that are of particular interest to me in groups and varying regions of the coun- try. They are some of the most dif- An additional $300,000 for the U.S. my role as the chairman of the Intel- Vegetable Laboratory in Charleston, ligence Committee. ficult issues I have ever faced, and they have certainly been known to tie this SC; I urge the chairman and the members An unrequested earmark of $631,000 bill up in past years. of the subcommittee who will sit on for alternative salmon products in Earlier, it appeared that many of the conference to support as much Alaska; funding as possible for USDA’s home- those issues would bog the bill down An earmark of $358,000 for alternative land security funding request and the again this year. tobacco uses in Maryland; Dole-McGovern International School However, as we would say in Dodge An earmark of $442,000 for apple fire Lunch Program. City, he took the bull by the horns and blight in Michigan and New York; Both of these programs are vital to charged ahead. I know that it has not An earmark of $278,000 for asparagus our ongoing war against terrorism. been easy, but I also want the chair- technology and production in the State The USDA homeland security funds man to know that I think he has done of Washington; will support the rapid response animal a remarkable job. An earmark of $200,000 for berry re- and plant health diagnostics networks He managed to balance a severely re- search in Alaska; established last year by USDA. duced budget allocation in a manner $600,000 for cool season legume re- These networks will allow us to re- that was fair to all members and re- search in Idaho, Washington and North spond quickly to an animal or disease gions of the country, and he has Dakota; outbreak that occurs, whether natu- worked to find the middle ground on $234,000 for cranberry and blueberry rally occurring or intentionally intro- many issues. As a result of his efforts, disease and breeding studies in New duced. we will spend only 1 or 2 days on the Jersey;

VerDate jul 14 2003 04:33 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.077 S06PT1 S14154 CONGRESSIONAL RECORD — SENATE November 6, 2003 A whopping $2 million for exotic pet Committee has effectively usurped the lage of Hoonah, which is a remote vil- diseases in California; power of the authorizing committees lage located on an island west of our $844,000 for soybean research in Illi- and acts as one, all-powerful funding State capitol of Juneau, oranges cost nois; machine. Projects are often funded nearly $5 a pound. $596,000 for peanut research in Ala- with little or no background study, and Cutting the benefits for folks who are bama; are approved after simply being re- already paying far above the national $502,000 for wheat sawfly research in quested by a fellow Senator. These average for food is unconscionable. Montana; same projects are directed to certain This amendment, which is fully offset, $450,000 for agricultural-based indus- States and localities, completely cir- says that the most vulnerable Alas- trial lubricants in Iowa; cumventing the proper, competitive- kans and Hawaiians should not be $690,000 for agriculture waste utiliza- based awards process. Additionally, the stripped of their ability to put food on tion in WV—pretty fancy term for fer- Appropriations Committee routinely the table for their families. tilizer; uses directive language to force cabi- This amendment will make a real dif- $150,000 for salmon quality standards net secretaries and agency heads to use ference for those in Alaska and Hawaii in Alaska; scarce taxpayer dollars to fund mem- who are working to become self-suffi- $250,000 for the National Wild Turkey bers’ pet projects, while not alloting cient. Federation, located in South Carolina; Mr. BENNETT. Mr. President, last $300,000 for potato pest management them a single dime with which to ful- year Congress created the Public Tele- in Wisconsin; fill the requirements imposed upon $2 million to address chronic wasting them by the appropriators. vision Station Digital Transition disease in Wisconsin; This spending spree is an outrage. As Grant Program within the U.S. Depart- $250,000 to address chronic wasting all of my colleagues know, CBO re- ment of Agriculture to help public tele- disease in Utah—maybe we should cently projected a potentially debili- vision continue broadcasting to rural study chronic wasting disease right tating $480 billion deficit for 2004. More America in the digital age. here in Washington, because the importantly, we are at war. President As with any first year program there amount of waste that goes on in this Bush is poised to sign a supplemental are some fine points that need to be city has reached chronic levels, and appropriation of $87 billion for the on- ironed out. I am concerned about po- that is stating it mildly; going military operations in Iraq and tential inequities in the distribution of $1 million for grasshopper and Mor- Afghanistan. Every one of us has asked funds that may result from the grant mon cricket activities in Utah; ourselves the same question: ‘‘where is competition. $300,000 for grasshopper and Mormon that money going to come from?’’ I I support awarding grants to public cricket activities in Nevada; have an idea Mr. President. Let’s start television stations that provide a $150,000 for beaver control in Ken- with this bill. Let’s eliminate all of the broadcast service to rural populations, tucky; unrequested earmarks, all of the spe- regardless of the location of their main $225,000 for blackbird control in Kan- cial deals, all of the pork and all of the transmitter. If a public television sta- sas; waste. Let’s prove to the American tion’s digital transmitter serves less $350,000 for evaluating native plant taxpayer that we in Washington do not than 500,000 people it should be consid- materials in Alaska; see them as simply a cash cow for our ered rural and automatically given the $600,000 for cranberry production in every financial whim. highest score for rurality. Massachusetts and Wisconsin. I urge my colleagues to work harder The Department’s use of Per capital Here is the clincher: the report ac- to curb our habit of funneling re- Income, PCI, as a factor in determining companying this bill directs the Sec- sources to parochial interests. Serving an applicant’s score is appropriate. retary of Agriculture to take all nec- the public good must continue to be However, I encourage the Department essary measures to maximize and to our mandate, and we can only live up to weight PCI by population. Unless a provide a fair allocation of resources to that charge by keeping the process score is weighted by population, it may under the farm bill to the State of free of unfair and unnecessary spending result in an inequitable score if a small Alaska. This directive is seen as nec- that unduly burdens the American tax- portion of the coverage area reaches an essary because the committee is deeply payer. enclave of higher income viewers. disturbed that Alaska has largely been Ms. MURKOWSKI. Mr. President, I Highest priority should be given to ru- ignored thus far in the implementation would like to speak on amendment rality and critical need in scoring ap- of the farm bill passed in 2002. We cer- 2094, which was successfully added to plications. The weighted PCI score tainly would not want Alaska to suffer the fiscal year 2004 Agriculture appro- should not exceed 15 percent of the from a lack of Federal dollars now priations bill yesterday. This amend- total score. would we? ment restores decreased funding for Furthermore, I believe that it would Even the reliable earmarks like food stamp recipients in Alaska and be beneficial for the Department to shrimp aquaculture and peanut re- Hawaii. Senators STEVENS, INOUYE, and consult with public televisions stations search are included. Shrimp aqua- AKAKA have joined me in cosponsoring through their national trade organiza- culture in Arizona and other states has this amendment. tion to assess the critical needs of the been a consistent beneficiary of tax- The U.S. Department of Agriculture stations. payer dollars for 11 years, with this estimates the cost of food items in Finally, I support the sue of funds for year’s earmark being $4.2 million. Un- Alaska and Hawaii, rather than re- purchasing equipment necessary to fortunately, there is little explanation searching the actual cost for these allow local control over digital content included to justify why targeted Fed- items. This method of estimating and programming through the use of eral dollars for earmarked projects are prices rather than researching prices multicasting and datacasting tech- more important than other programs led to a negative update that slashed nologies. to protect food safety or more directly benefits for the most vulnerable Alas- I urge the Department to take the support farm programs in this bill. kans and Hawaiians. The cuts in bene- necessary steps to address these con- I am confident that many of my col- fits, which took effect on October 1 of cerns. leagues will maintain the importance this year, essentially locks low income Mr. President, I would like to note in of the need to fully fund these and residents of Alaska and Hawaii into the RECORD some Utah projects that many of the other projects in their re- trying to buy this year’s food at last are important to reference as a Senate spective States. That is fine. I do not year’s prices. This just does not work. priority as we conference this bill with fault them for it. In fact, let me state Please allow me to give a few exam- the House. It is important that report clearly, that I do not question the mer- ples about the actual cost of food language be included noting an appli- its of these projects. Most of them, I around my State. In the general store cation that will be submitted to USDA am sure, are very important and wor- in Port Graham, a remote village in for Rural Community Advancement thy for Federal funds. the southcentral part of Alaska that is Program funding and placing a priority It is the process with which I have a only accessible by boat or aircraft, one upon its consideration. This RCAP ap- serious problem. The Appropriations gallon of milk costs $11.59. In the vil- plication will be for potable water, fire

VerDate jul 14 2003 04:33 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.066 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14155 protections, and waste water exten- Mr. REID. I announce that the Sen- UNANIMOUS CONSENT REQUEST— sions in Wellsville, Utah. ator from North Carolina (Mr. ED- S. 1806 I also note the importance of pro- WARDS), the Senator from Massachu- Mr. MCCONNELL. Madam President, viding Natural Resource Conservation setts (Mr. KERRY), the Senator from there is an issue that has been rule 14’d Service dollars for ditch, canal, and ir- Connecticut (Mr. LIEBERMAN), and the and is on the calendar, the Protection rigation improvements in Wellsville, Senator from Georgia (Mr. MILLER), of Lawful Commerce in Arms Act, UT, as well as watershed protection are necessarily absent. which has 54 cosponsors. It overwhelm- funding under Public Law 566 for piping I further announce that, if present ingly passed the House back in April and lining the Washington Fields Canal and voting, the Senator from Massa- 285 to 140. This legislation is important in the vicinity of St. George and Wash- chusetts (Mr. KERRY) would vote to millions of Americans who want to ington County, UT. The WFC provides ‘‘yea.’’ be able to exercise their second amend- water to 4800 acres of farmland and is The PRESIDING OFFICER (Mrs. ment rights. There is simply no reason currently in very poor condition. Given DOLE). Are there any other Senators we should not be able to complete ac- the significant growth in this area and in the Chamber desiring to vote? tion on this bill expeditiously—there the listing of two endangered species in The result was announced—yeas 93, are not many measures around here the river system, this funding is impor- nays 1, as follows: that have that many cosponsors—that tant to save water that is currently [Rollcall Vote No. 444 Leg.] is, unless people want to delay its con- wasted and that could augment stream sideration with unrelated amendments. YEAS—93 flows not only for the community, but In an effort to address this matter as needed for environmental and con- Akaka DeWine Lincoln fairly and efficiently, I have indicated servation purposes. Alexander Dodd Lott Allard Dole Lugar to my good friend and colleague, the Finally, I am supportive of several Allen Domenici McCain assistant Democratic leader, that I will projects to bring drinking water to Baucus Dorgan McConnell propound the following consent request Kane County residents through the Bayh Durbin Mikulski as a way to possibly expedite consider- Kane County Water Conservancy Dis- Bennett Enzi Murkowski Biden Feingold Murray ation of this measure which is sup- trict in southern Utah. These projects, Bingaman Feinstein Nelson (FL) ported by a substantial majority of our including the Strawberry/Movie Ranch, Bond Fitzgerald Nelson (NE) colleagues on a bipartisan basis. Meadow View Heights, and Johnson Boxer Frist Nickles Therefore, Madam President, I ask Canyon projects, are necessary because Breaux Graham (FL) Pryor Brownback Graham (SC) Reed unanimous consent that at a time to be of the ongoing drought in Utah, the de- Bunning Grassley Reid determined by the majority leader in graded existing water systems, and in- Burns Gregg Roberts consultation with the Democratic lead- creased demand caused by develop- Byrd Hagel Rockefeller Cantwell Harkin Santorum er, the Senate proceed to consideration ment. These projects are of great Carper Hatch Sarbanes of S. 1806; that there be 6 hours of gen- value, and I hope that the USDA would Chafee Hollings Schumer eral debate on the bill equally divided; seriously consider applications for Chambliss Hutchison Sessions that the only amendments in order be loans and grants under the authorized Clinton Inhofe Shelby Cochran Inouye Smith two relevant amendments offered by program for water and waste disposal. Coleman Jeffords Snowe each side, with each first-degree The Johnson Canyon project, in par- Collins Johnson Specter amendment subject to a second-degree Conrad Kennedy Stabenow ticular, is of great importance to Kane amendment which shall be relevant to County residents. Due to the severe Cornyn Kohl Stevens Corzine Kyl Talent the first degree amendment; provided drought and other factors, the well Craig Landrieu Thomas further that each first-degree amend- that supplies water to Johnson Canyon Crapo Lautenberg Voinovich ment be limited to 1 hour of debate residents has shown a dramatic de- Daschle Leahy Warner Dayton Levin Wyden evenly divided, and each second-degree crease in the drinking water quality, amendment be limited to 30 minutes of NAYS—1 and individuals are now faced with in- debate equally divided; provided fur- stalling reverse osmosis systems for Ensign ther that upon expiration of all time, their drinking water. In fact, because NOT VOTING—6 the Senate immediately proceed to a of the high level of total dissolved sol- Campbell Kerry Miller vote on all pending amendments; after ids in the water, the well has become Edwards Lieberman Sununu disposition of the pending amend- an inferior source, and the State of ments, the bill be read a third time, Utah recommends that an inferior The bill (H.R. 2673), as amended, was passed. and the Senate immediately proceed to source should not be allowed if a better a vote on final passage, without inter- source of water is available. The dis- (The bill will be printed in a future edition of the RECORD.) vening action or debate. trict has found higher quality water, The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Under and this project will allow development objection? of this important resource. the previous order, the Senate insists Mr. REID. Madam President, I share The PRESIDING OFFICER. The on its amendment and requests a con- the distinguished Senator’s desire to question is on the engrossment of the ference with the House. pass this most important legislation. amendments and third reading of the The Presiding Officer (Mrs. DOLE) ap- In fact, I am a cosponsor of this bill, bill. pointed Mr. BENNETT, Mr. COCHRAN, which has been introduced on a bipar- The amendments were ordered to be PECTER OND C ON Mr. S , Mr. B , Mr. M C - tisan basis by Senators CRAIG and BAU- engrossed and the bill to be read a NELL URNS RAIG , Mr. B , Mr. C , Mr. CUS. This legislation would protect third time. BROWNBACK, Mr. STEVENS, Mr. KOHL, firearm and ammunition manufactur- The bill was read a third time. Mr. HARKIN, Mr. DORGAN, Mrs. FEIN- ers from lawsuits related to deliberate Mr. STEVENS. Mr. President, I ask STEIN, Mr. DURBIN, Mr. JOHNSON, Ms. and illegal misuse of their products. It for the yeas and nays. LANDRIEU, and Mr. BYRD conferees on will protect the rights of Americans The PRESIDING OFFICER. Is there a the part of the Senate. sufficient second? who choose to legally purchase and use Ms. SNOWE. I suggest the absence of their products. So the legislation There is a sufficient second. a quorum. The bill having been read the third makes sense. time, the question is, Shall the bill The PRESIDING OFFICER. The As a gun owner since I was a young pass? clerk will call the roll. boy, I believe law-abiding citizens have The clerk will call the roll. The legislative clerk proceeded to a constitutional right to keep and bear The legislative clerk called the roll. call the roll. arms. I also believe the rights of the re- Mr. MCCONNELL. I announce that Mr. MCCONNELL. Madam President, sponsible gun owner should not be com- the Senator from Colorado (Mr. CAMP- I ask unanimous consent that the order promised or jeopardized by individuals BELL) and the Senator from New Hamp- for the quorum call be rescinded. who use firearms to commit crimes. shire (Mr. SUNUNU) are necessarily ab- The PRESIDING OFFICER. Without The vast majority of Nevada gun own- sent. objection, it is so ordered. ers use their guns safely, and I will

VerDate jul 14 2003 04:33 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.080 S06PT1 S14156 CONGRESSIONAL RECORD — SENATE November 6, 2003 work in a bipartisan fashion to safe- cooperate in any way we can, but there The PRESIDING OFFICER. The guard their rights. I will work to pass are too many objections on this side to clerk will call the roll. this bill, and I think we have the votes move forward at this time. The legislative clerk proceeded to to pass it. On behalf of Senator REED of Rhode call the roll. However, in a short time I will object Island and others, I object. Mr. MCCAIN. Madam President, I ask to this consent request by my friend The PRESIDING OFFICER. Objec- unanimous consent that the order for because it does not advance our shared tion is heard. the quorum call be rescinded. goal of enacting this bill into law. In The Senator from Kentucky. The PRESIDING OFFICER. Without fact, this request, in my opinion, would Mr. MCCONNELL. Madam President, objection, it is so ordered. set us back in our efforts to pass the let me propound one last unanimous f legislation. We need to take the time consent request, again bearing in mind INTERNET TAX necessary to debate and vote on the that the only chance of moving this NONDISCRIMINATION ACT amendments that Senators want to legislation forward this late in the ses- offer to this bill, and then we need to sion would be with a time agreement Mr. MCCAIN. Madam President, pur- pass it. with relevant amendments. The under- suant to the order of October 30, 2003, I I think this late in the session, with lying bill being supported by 54 cospon- ask unanimous consent that the Sen- the constraints that are obviously sors, we suspect well more than 60 are ate proceed to the immediate consider- present with everybody, it just would advocating this legislation. Let me try ation of S. 150, the Internet Tax Mora- not help us. I will work with my friend to entice my good friend one more time torium bill. and anyone else to get a unanimous by further modifying my second re- The PRESIDING OFFICER. Without consent agreement both sides can agree quest in the following way: I ask unan- objection, it is so ordered. to. imous consent that there be 10 hours of The clerk will state the bill by title. For now, on behalf of Senator JACK general debate on the bill equally di- The legislative clerk read as follows: REED of Rhode Island and others, I ob- vided, and that the only amendments A bill (S. 150) to make permanent the mor- ject. in order be 4 relevant amendments of- atorium on taxes on Internet access and The PRESIDING OFFICER. Objec- fered by each side, with each first-de- multiple and discriminatory taxes on elec- tion is heard. gree amendment subject to a second- tronic commerce imposed by the Internet Tax Freedom Act, which had been reported The Senator from Kentucky. degree amendment, which shall be rel- from the Committee on Commerce, Science Mr. MCCONNELL. My friend from evant to the first-degree amendment. and Transportation and referred to the Com- Nevada is certainly correct. At this The PRESIDING OFFICER. Is there mittee on Finance and discharged, with an late stage in the session, the only way objection? amendment to strike all after the enacting we could advance this proposal to com- Mr. REID. Madam President, reserv- clause and inserting in lieu thereof the fol- pletion would be with a consent agree- ing the right to object, on certain lowing: ment that allowed us to deal only with issues, I am fairly easy to entice, but (Strike the part shown in black relevant amendments. One of the con- the fact is, on this, I have a significant brackets and insert the part shown in cerns is that we could end up having number of Senators on this side who italic.) amendments on minimum wage or hate are not able to be enticed at this stage. S. 150 crimes or other issues that are com- On their behalf, I object. Be it enacted by the Senate and House of Rep- pletely unrelated to the underlying The PRESIDING OFFICER. Objec- resentatives of the United States of America in subject matter. So it was my belief tion is heard. Congress assembled, that the consent agreement I just of- Mr. MCCONNELL. Madam President, øSECTION 1. SHORT TITLE. fered was reasonable in the sense that this is a very important piece of legis- øThis Act may be cited as the ‘‘Internet it did allow relevant amendments to lation that should be enacted in this Tax Non-discrimination Act of 2003’’. the underlying bill, but it also gives us Congress. It is apparent it will not be øSEC. 2. AMENDMENT OF INTERNET TAX FREE- an opportunity to reach completion. done in the first session of the 108th DOM ACT. ø I want to modify my request a couple Congress. There are not many meas- Section 1101(a) of the Internet Tax Free- dom Act (47 U.S.C. 151 nt.) is amended— of more times and see if it might be ures around here that have 54 cospon- ø(1) by striking ‘‘taxes during the period more enticing to my good friend from sors and probably with support well in beginning on October 1, 1998, and ending on Nevada. I modify my prior unanimous excess of 60. I hope we can work to- November 1, 2003—’’ and inserting ‘‘taxes:’’; consent request as follows: That there gether in the early part of the next ses- ø(2) by striking paragraph (1) and inserting be 8 hours instead of 6, 8 hours of gen- sion and advance this legislation to the following: eral debate on the bill equally divided, final passage, with relevant amend- ø‘‘(1) Taxes on Internet access.’’; and and that the only amendments in order ments, so it does not become a measure ø(3) by striking ‘‘multiple’’ in paragraph (2) be three relevant amendments offered that attracts every single good cause and inserting ‘‘Multiple’’. ø by each side instead of two, with each some Senator may want to propose to- SEC. 2. REPEAL OF EXCEPTION. ø first-degree amendment subject to a tally unrelated to the underlying ques- Section 1104 of the Internet Tax Freedom Act (47 U.S.C. 151 nt.) is amended by striking second-degree amendment which shall tion of whether gun manufacturers paragraph (10). be relevant to the first-degree amend- should be held responsible for acts per- SECTION 1. SHORT TITLE. ment. petrated by individuals using their This Act may be cited as the ‘‘Internet Tax The PRESIDING OFFICER. Is there product—a fundamentally unfair trend Nondiscrimination Act’’. objection? developing in the country that should SEC. 2. PERMANENT EXTENSION OF INTERNET Mr. REID. Madam President, reserv- be stopped before it goes any further. TAX FREEDOM ACT MORATORIUM. ing the right to object, I really do be- I yield the floor. (a) IN GENERAL.—Subsection (a) of section lieve we can work with Senators on our Mr. REID. Madam President, if I may 1101 of the Internet Tax Freedom Act (47 U.S.C. side and a few on the other side to respond, I think the approach that we 151 note) is amended to read as follows: come up with a reasonable approach to get into the legislation early next year ‘‘(a) MORATORIUM.—No State or political sub- division thereof may impose any of the following this legislation that I think has an out- is the way it will be passed. There will taxes: standing chance of passing. We can’t do be a decision made early on by the ‘‘(1) Taxes on Internet access. it now. We are wrapping up this session leadership on both sides, I am sure, as ‘‘(2) Multiple or discriminatory taxes on elec- of the legislature. Even though my to if it is necessary to attempt to in- tronic commerce.’’. friend has suggested relevant amend- voke cloture on this matter. We will (b) CONFORMING AMENDMENTS.— ments, we need to take a little bit of have lots of time early next year to do (1) Section 1101 of the Internet Tax Freedom time to work this through. The time this. Act (47 U.S.C. 151 note) is amended by striking that has been suggested by my friend is I look forward to working with my subsection (d) and redesignating subsection (e) as subsection (d). something that may or may not work. friend from Kentucky to move forward (2) Section 1104(10) of the Internet Tax Free- I just say to everyone within the on this most important legislation. dom Act (47 U.S.C. 151 note) is amended by sound of my voice, we need some time Mr. MCCONNELL. Madam President, striking ‘‘unless’’ and all that follows through to work this out. We will be happy to I suggest the absence of a quorum. ‘‘1998’’.

VerDate jul 14 2003 04:33 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00074 Fmt 0624 Sfmt 6333 E:\CR\FM\G06NO6.132 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14157 (3) Section 1104(2)(B)(i) of the Internet Tax The PRESIDING OFFICER. Without and applied such tax to Internet access serv- Freedom Act (47 U.S.C. 151 note) is amended by objection, it is so ordered. ices; or striking ‘‘except with respect to a tax (on Inter- The amendment is as follows: ‘‘(2) a State or political subdivision thereof net access) that was generally imposed and ac- generally collected such tax on charges for Strike out all after the enacting clause and tually enforced prior to October 1, 1998,’’. Internet access. insert the following: (c) CLARIFICATION.—The second sentence of ‘‘(b) TERMINATION.—This section shall not section 1104(5), and the second sentence of sec- SECTION 1. SHORT TITLE. apply after October 1, 2006. tion 1101(e)(3)(D) (as redesignated by subsection This Act may be cited as the ‘‘Internet Tax ‘‘(c) TAX ON INTERNET ACCESS.—Notwith- (b)(1) of this Act), of the Internet Tax Freedom Nondiscrimination Act’’. standing section 1105(10), in this section the Act (47 U.S.C. 151 note) are each amended by in- SEC. 2. PERMANENT EXTENSION OF INTERNET term ‘tax on Internet access’ includes the en- serting ‘‘, except to the extent such services are TAX FREEDOM ACT MORATORIUM. forcement or application of any preexisting used to provide Internet access’’ before the pe- (a) IN GENERAL.—Subsection (a) of section tax on the sale or use of Internet services if riod. 1101 of the Internet Tax Freedom Act (47 that tax was generally imposed and actually enforced prior to October 1, 1998.’’. SEC. 3. 3-YEAR SUNSET FOR PRE-OCTOBER, 1998, U.S.C. 151 note) is amended to read as fol- TAX EXCEPTION. lows: SEC. 4. ACCOUNTING RULE. The Internet Tax Freedom Act (47 U.S.C. 151 ‘‘(a) MORATORIUM.—No State or political The Internet Tax Freedom Act (47 U.S.C. note) is amended— subdivision thereof may impose any of the 151 note) is amended by adding at the end the (1) by redesignating section 1104 as section following taxes: following: 1105; and ‘‘(1) Taxes on Internet access. ‘‘SEC. 1106. ACCOUNTING RULE. (2) by inserting after section 1103 the fol- ‘‘(2) Multiple or discriminatory taxes on ‘‘(a) IN GENERAL.—If charges for Internet lowing: electronic commerce.’’. access are aggregated with and not sepa- (b) CONFORMING AMENDMENTS.— ‘‘SEC. 1104. PRESERVATION OF PRE-OCTOBER, rately stated from charges for telecommuni- 1998, STATE AND LOCAL TAX AU- (1) Section 1101 of the Internet Tax Free- cations services or other charges that are THORITY UNTIL 2006. dom Act (47 U.S.C. 151 note) is amended by subject to taxation, then the charges for ‘‘(a) IN GENERAL.—Section 1101(a) does not striking subsection (d) and redesignating Internet access may be subject to taxation apply to a tax on Internet access that was gen- subsection (e) as subsection (d). unless the Internet access provider can rea- erally imposed and actually enforced prior to (2) Section 1104(10) of the Internet Tax sonably identify the charges for Internet ac- October 1, 1998, if, before that date, the tax was Freedom Act (47 U.S.C. 151 note) is amended cess from its books and records kept in the authorized by statute and either— to read as follows: . regular course of business. ‘‘(1) a provider of Internet access services had ‘‘(10) TAX ON INTERNET ACCESS. ‘‘(b) DEFINITIONS.—In this section: a reasonable opportunity to know by virtue of a ‘‘(A) IN GENERAL.—The term ‘tax on Inter- ‘‘(1) CHARGES FOR INTERNET ACCESS.—The rule or other public proclamation made by the net access’ means a tax on Internet access, term ‘charges for Internet access’ means all appropriate administrative agency of the State regardless of whether such tax is imposed on charges for Internet access as defined in sec- or political subdivision thereof, that such agen- a provider of Internet access or a buyer of tion 1105(5). ‘‘(2) CHARGES FOR TELECOMMUNICATIONS cy has interpreted and applied such tax to Internet access and regardless of the termi- SERVICES.—The term ‘charges for tele- Internet access services; or nology used to describe the tax. communications services’ means all charges ‘‘(2) a State or political subdivision thereof ‘‘(B) GENERAL EXCEPTION.—The term ‘tax for telecommunications services except to generally collected such tax on charges for on Internet access’ does not include a tax the extent such services are purchased, used, Internet access. levied upon or measured by net income, cap- or sold by a provider of Internet access to ‘‘(b) TERMINATION.—This section shall not ital stock, net worth, or property value.’’. apply after October 1, 2006. (3) Section 1104(2)(B)(i) of the Internet Tax provide Internet access.’’. Freedom Act (4.7 U.S.C. 151 note) is amended ‘‘(c) TAX ON INTERNET ACCESS.—Notwith- SEC. 5. EFFECT ON OTHER LAWS. standing section 1105(10), in this section the by striking ‘‘except with respect to a tax (on The Internet Tax Freedom Act (47 U.S.C. term ‘tax on Internet access’ includes the en- Internet access) that was generally imposed 151 note), as amended by section 4, is amend- forcement or application of any preexisting tax and actually enforced prior to October 1, ed by adding at the end the following: on the sale or use of Internet services if that tax 1998,’’. ‘‘SEC. 1107. EFFECT ON OTHER LAWS. was generally imposed and actually enforced (c) INTERNET ACCESS SERVICE; INTERNET ‘‘(a) UNIVERSAL SERVICE.—Nothing in this prior to October 1, 1998.’’. ACCESS.— Act shall prevent the imposition or collec- (1) INTERNET ACCESS SERVICE.—Paragraph tion of any fees or charges used to preserve SEC. 4. UNIVERSAL SERVICE. (3)(D) of section 1101(d) (as redesignated by and advance Federal universal service or Nothing in the Internet Tax Freedom Act subsection (b)(1) of this section) of the Inter- similar State programs— shall prevent the imposition or collection of any net Tax Freedom Act (47 U.S.C. 151 note) is ‘‘(1) authorized by section 254 of the Com- fees or charges used to preserve and advance amended by striking the second sentence and munications Act of 1934 (47 U.S.C. 254); or Federal universal service or similar State pro- inserting ‘‘The term ‘Internet access service’ ‘‘(2) in effect on February 8, 1996. grams authorized by section 254 of the Commu- does not include telecommunications serv- ‘‘(b) 911 AND E–911 SERVICES.—Nothing in nications Act of 1934. ices, except to the extent such services are this Act shall prevent the imposition or col- Mr. MCCAIN. Madam President, I ask purchased, used, or sold by a provider of lection, on a service used for access to 911 or unanimous consent that the bill as Internet access to provide Internet access.’’. E–911 services, of any fee or charge specifi- thus amended be treated as original (2) INTERNET ACCESS.—Section 1104(5) of cally designated or presented as dedicated by text for the purpose of amendment; that Act is amended by striking the second a State or political subdivision thereof for provided there be no point of order sentence and inserting ‘‘The term ‘Internet the support of 911 or E–911 services if no por- waived by virtue of this agreement. access’ does not include telecommunications tion of the revenue derived from such fee or charge is obligated or expended for any pur- The PRESIDING OFFICER. Without services, except to the extent such services are purchased, used, or sold by a provider of pose other than support of 911 or E–911 serv- objection, it is so ordered. Internet access to provide Internet access.’’. ices. The reported amendment is agreed SEC. 3. 3-YEAR SUNSET FOR PRE-OCTOBER, 1998, ‘‘(c) NON-TAX REGULATORY PROCEEDINGS.— to. The bill will be considered as origi- TAX EXCEPTION. Nothing in this Act shall be construed to af- nal text. No point of order will be The Internet Tax Freedom Act (47 U.S.C. fect any Federal or State regulatory pro- waived. 151 note) is amended— ceeding that is not related to taxation.’’. AMENDMENT NO. 2136 (1) by redesignating section 1104 as section Mr. MCCAIN. I say to my friends on 1105; and Mr. MCCAIN. Madam President, I both sides of the issue, I think we now (2) by inserting after section 1103 the fol- have the proper legislative agenda in send a substitute to the desk. lowing: The PRESIDING OFFICER. The preparation for amendments. Before I ‘‘SEC. 1104. PRESERVATION OF PRE-OCTOBER, make an opening statement, I thank clerk will report. 1998, STATE AND LOCAL TAX AU- The legislative clerk read as follows: THORITY UNTIL 2006. Senators ALLEN and WYDEN for their hard work on this issue. I also pay my The Senator from Arizona [Mr. MCCAIN], ‘‘(a) IN GENERAL.—Section 1101(a) does not for Mr. ALLEN, for himself, Mr. WYDEN, Mr. apply to a tax on Internet access that was respects to the Senator from Ohio, Sen- BURNS, Mr. ENSIGN, Mr. SUNUNU, Mr. WAR- generally imposed and actually enforced ator VOINOVICH, and the Senator from NER, Mr. SMITH, Mr. LEAHY, Mr. GRASSLEY, prior to October 1, 1998, if, before that date, Tennessee, Senator ALEXANDER, who Mr. HATCH, Mr. MCCAIN, Mr. BAUCUS, Mrs. the tax was authorized by statute and ei- have taken a deep and abiding interest BOXER, Mr. CHAMBLISS, and Mrs. LINCOLN, ther— in this issue and have a very real un- proposes an amendment numbered 2136. ‘‘(1) a provider of Internet access services had a reasonable opportunity to know by vir- derstanding of it. This is a complex and Mr. MCCAIN. Madam President, I ask tue of a rule or other public proclamation difficult set of issues associated with unanimous consent that further read- made by the appropriate administrative the Internet. ing of the amendment be dispensed agency of the State or political subdivision I apologize for leaving out my dear with. thereof, that such agency has interpreted friend from Delaware, Senator CARPER,

VerDate jul 14 2003 06:11 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.082 S06PT1 S14158 CONGRESSIONAL RECORD — SENATE November 6, 2003 who probably knows more than the As my colleagues know, over the past I point in particular to our efforts to other two put together; at least, he be- decade, the Internet has grown from a clarify that traditional telephone serv- lieves so. tool used primarily by academics and ices would not become tax-exempt as a Again, these are difficult and com- scientists for research purposes to a result of this legislation. Nor will this plex issues. They have been affected broadly utilized communications, in- legislation prevent the States from im- significantly by changes in technology formation, entertainment, and com- posing property, income, and other over the years. When we first did this mercial medium, as well as an impor- non-transactional taxes on Internet ac- moratorium issue, it was much simpler tant vehicle for political participation. cess providers. Nor would this bill than it is today. As the Internet has Indeed, the Internet has started to be- make tax-free any service packaged obtained dramatically new capabilities come a fixture and core component of with Internet access solely by virtue of with dramatic changes in its nature, modern American life that has created such bundling. In addition, in order to the issue has changed. The Senators and continues to generate social and give currently grandfathered States a from Ohio, Tennessee, and Delaware economic opportunities throughout the reasonable amount of time to adjust have raised significant and valid con- United States. This was our goal then their budgets, the bill extends the ex- cerns. We believe we have tried to ad- and it continues to be our goal today. isting grandfathering provision by 3 dress those concerns. There is little doubt that the devel- years instead of terminating it imme- Definitions certainly are critical in opment and growth of the Internet was diately. addressing this issue. Words have aided by the moratorium. For example, I also am aware that some of my col- meaning and importance when we are in the past 5 years and with the help of leagues object to the Internet tax mor- talking about this issue before us. I ITFA, household use of the Internet atorium because they believe that Con- hope we can give fair consideration to has doubled. At the time of the legisla- gress has no role in how States and lo- the concerns and the proposals made tion’s enactment in 1998, 26 percent of calities tax Internet access. I respect by the opposition to this bill or those United States households had Internet the views of those Members, but I also who would like to see it significantly access. By 2001—the year that the mor- respectfully disagree with them on this modified. atorium was extended for a 2 year pe- matter. Interstate communications— Again, I thank my friends from Vir- riod—just over 50 percent of U.S. including the Internet—are part and households had Internet access. By the ginia and Oregon who have worked tre- parcel of interstate commerce, which end of 2002, approximately 64 percent of mendously for years in the committee Congress has the constitutional right American households had Internet ac- on this issue. I think the Senator from to regulate. This means that Congress cess. However, despite these significant Oregon can remind me how many hear- does indeed have the right to deter- growth rates, Internet access adoption ings we have had on this particular mine how the Federal Government, the issue, but it must be in double digits— rates remain low relative to other basic technologies. Broadband access States, and localities tax the Internet. more than 10—over the past 6 or 7 There is also the argument that this in particular remain low. Indeed, in years. Those hearings have been cer- extension is an unfunded mandate. On 2002, only 15 percent of American tainly appropriate, because each time this point, it is important to note that households had broadband Internet ac- we have had them the technology this bill would not impose any addi- cess. This means that a significant changed and the issues changed. tional responsibilities on State or local Madam President, this bill would en- number of American consumers still governments. Rather, S. 150 only says sure that consumers would never have have not gained the full benefits that that States and localities may not im- to pay a toll when they access the In- Internet technologies promise. pose taxes on Internet access. That’s formation Highway. Whether con- Today, we have the opportunity to it. Furthermore, Congress made sure sumers log onto the Internet via cable extend permanently the Internet tax that ITFA held the Federal Govern- modem, DSL, dial-up, or another tech- moratorium and thus fulfill our prom- nology that has yet to be invented, ise to consumers that Government ment to the same standards as those under S. 150 they will not see any State taxes will not inhibit the offering of af- imposed on the States. The act ex- and local taxes on their monthly Inter- fordable Internet access. By supporting presses the sense of Congress that no net bill. Now would their monthly S. 150, we can continue to promote the new Federal taxes on Internet access Internet bills increase because of State adoption of the Internet by our citizens should be enacted. The Federal Govern- and local taxes on Internet access that as well as encourage innovation relat- ment is in this with the States and lo- are passed down to consumers. Plainly ing to this technology. Just as Internet calities because keeping Internet ac- and simply, this is a pro-consumer, access evolved from basic dial-up serv- cess tax-free is a core goal of our na- pro-innovation, and pro-technology ice to broadband services since the en- tional economic policy. bill. actment of ITFA, a permanent exten- With respect to the question of S. 150, which was introduced in Janu- sion of the Internet tax moratorium is whether it’s wise to make Internet ac- ary by Senator ALLEN, would make expected to encourage businesses to cess tax free, this body has a long his- permanent the current Federal prohibi- further evolve Internet technologies tory of giving tax incentives to com- tion on State and local taxes on Inter- and consumers to continue adopting mercial activities that we believe help net access contained in the Internet such technologies. our society. The Internet is a tech- Tax Freedom Act of 1998 (ITFA). It also I am fully aware that State and local nology that is a source of and vehicle would extend permanently the current government groups are concerned for significant economic benefits. The moratorium in ITFA on multiple or about certain aspects of this bill and, proponents of this legislation strongly discriminatory state and local taxes on in particular, worry that this legisla- believe the Internet clearly merits the e-commerce transactions. tion will result in significant revenue tax incentives provided by S. 150. But In addition, this bill would extend by losses to the States and localities. As this debate is not just about economic 3 years the current grandfather clause many of you know, I have worked benefits. contained in ITFA. This clause permits closely with the co-sponsors of the leg- During my presidential candidacy, States that imposed or enforced a tax islation in an attempt to accommodate one of the many rewarding experiences on Internet access prior to the passage many of the concerns of the States and I had was seeing how the Internet of ITFA in 1998 to continue taxing local governments. In fact, I am a co- served as a medium for political par- Internet access. After 2006, this sponsor of the substitute amendment ticipation. Hundreds of thousands of grandfathering protection would lapse. to S. 150 only because I was satisfied people logged on to may campaign Five years ago, Congress took appro- that the amendment’s co-sponsors had website where they were able to access priate action when it passed the IFTA, compromised as much as they reason- information and organize. For me, legislation that encouraged the growth ably could with the States and local- keeping Internet access tax-free is and the adoption of the Internet by ex- ities. What we present today is a good- about protecting consumers’ wallets, empting Internet access from State faith effort to address State and local but it also is about improving our po- and local taxation, and by protecting e- worries while still keeping intact one litical process and the right and ability commerce transactions from multiple of the key goals of S. 150: to keep Inter- of those citizens to participate fully in or discriminatory taxation. net access tax free from taxation. that process.

VerDate jul 14 2003 04:57 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.136 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14159 I recognize that there are others who nessee, and we would like to debate of the law we are proposing are using wish to continue to make the Internet that. Others would like to speak on the very same arguments they made 5 tax moratorium temporary. Their that amendment, so we will not have a years ago that have not been borne premise is that Internet technologies time certain set for that amendment. out. For example, we were told years continue to evolve and thus Internet But we hope we can have it at a fairly ago that the States would not be able access may develop into a service the early time in the morning. My under- to collect various taxes—property States and localities would wish to tax. standing is we will be back in at 9:30. taxes, corporate taxes, and other kinds I would respond that this moratorium I yield the floor. of taxes. We were told that all across should be permanent to continue en- The PRESIDING OFFICER. The Sen- America, Main Streets would shrivel couraging those very Internet-related ator from Oregon is recognized. up and die because of Internet sales. innovations. By making this morato- Mr. WYDEN. Madam President, I We were told that States would lose an rium permanent, the businesses that thank the chairman of the Commerce enormous amount of revenue. I want to invest in and provide Internet access Committee, Senator MCCAIN, for begin- respond to each one of those arguments technologies will be able to operate in ning the discussion in the kind of tone tonight. a predictable tax environment. This I think we want to have for this de- First, with respect to loss of revenue, will result in continued investment in bate. We have on the floor a number of not one jurisdiction has come forward this very important medium. Senators who have been the most in- and given an example of how they are I will be very candid on this point, terested in this issue. I tell them I hurt by their inability to discriminate though: If a permanent moratorium think they represent the most thought- against electronic commerce. All the passes and 3, 4, 5 years down the road ful people not just in the Senate but in bill says is you cannot discriminate we find that the effects of this morato- public life. We obviously have dif- against electronic commerce, and not rium were other than what we intend ferences of opinion, but I think we are one State has come forward and given today, I will join my colleagues in re- going to have an important debate, in an example of how they have been hurt viewing this issue and work to amend a thoughtful fashion. The decibel level by their inability to discriminate the legislation to correct any unfore- has certainly gotten pretty high in re- against electronic commerce. seen problems with it. But that should cent days on this issue. Not one independent study has been only happen if and when there is a le- I am very appreciative to the Senate done in the last 5 years indicating that gitimate problem. That doesn’t need to Democrats who are supportive of the the States would lose revenue as a re- happen, and it shouldn’t have to hap- position Senator ALLEN and I have put sult of this bill. pen, on a predetermined schedule. together, particularly Senators LEAHY, Finally, with respect to this question Today, however, we are here to vote BOXER, LINCOLN, and BAUCUS, all of of Main Street and the retail stores, on a bill that enjoys strong bi-partisan whom joined as original sponsors of the what we have seen is during the period support—further evidence of the fact managers’ effort. this law has been in effect, Internet that this Senate believes in a perma- I wish to spend a few minutes to- sales have gone from 1 percent to 2 per- nent extension of the moratorium and night—I know other colleagues are cent. I think it is fair to say our legis- the consumer and business benefits anxious to talk—to describe how we lation has not exactly emptied the such an extension will bring. Likewise, got to this point and why I believe the malls of America. In fact, in most of H.r. 49, the Internet Tax Non- approach Senator ALLEN and I are tak- our malls, it is still pretty hard to find discrimination Act, which is similar to ing is a wise one. a parking spot. S. 150, also enjoyed significant support About 7 years ago, after I came to As we go at this issue, it is important in the House of Representatives. In- the Senate, I began to think about how to look at the record, and particularly deed, the House passed H.R. 49 in Sep- the Senate could write the rules of it is interesting to note it in the con- tember with strong bipartisan support, electronic commerce so as to be fair to text of what was discussed tonight. including support from the House lead- all sides while at the same time allow- I have noted that a number of our ership of both parties. ing this tremendously exciting me- colleagues, particularly from the rural S. 150 has been thoroughly vetted and dium, the Internet, to flourish. areas—the Dakotas and other areas— considerably negotiated. It was ap- We were seeing early on problems have talked about the importance—and proved by the Senate Committee on with respect to how the Internet was I share their view—of building the net- Commerce, Science, and Transpor- regulated around the country. We saw work out; of using funds, whether it be tation in July after the committee held discrimination. We saw in some juris- tax credits or Government moneys, to hearings on the bill. In October, the dictions, for example, if you bought the facilitate broadband to rural areas. Senate Committee on Finance dis- newspaper the traditional way, the Their effort is one that I support. But charged S. 150 after that committee ex- snail-mail route, you would end up not think about the consequences of our amined the bill. Throughout this legis- paying a tax, but if you bought the on- saying tonight on the floor of the Sen- lative process, the various stakeholders line edition of that paper, you would ate: Let’s use Government dollars to have met several times to try to come pay a tax. That, it seemed to us, was a help companies build out the network, as close to a middle ground as possible discrimination against technology. So promote broadband in rural areas. We without sacrificing the basic goals of about 7 years ago, I said the bedrock of will say that tonight, but tomorrow we this legislation. I believe that this bill our effort ought to be technological will end up sticking it to consumers is a strong attempt to address the con- neutrality. The Internet should not get with new taxes with respect to Internet cerns and needs of all the relevant a preference, nor should the Internet be access. stakeholders. discriminated against. In effect, the policies we are talking For all of the reasons stated, I urge I went to Senator MCCAIN and Sen- about promoting tonight with Govern- my colleagues to support this bill and ator LEAHY of Vermont, really known ment dollars—and many Senators are add it to the long line of pro-consumer as the Senate’s Mr. Internet. He was up on legislation to offer tax credits to legislation we have passed this year— on these issues when I think a lot of promote broadband to rural areas including the Do Not Call Registry and people thought a monitor was a tele- which would, in effect, be negated by spam legislation. Let us again join to- vision set. The two of them joined me the effort some are offering to allow gether to give American consumers af- in a bipartisan effort to pass this law for these taxes on Internet access. fordable access to the Internet, a cru- that has now been on the books for Senator ALLEN and I have spent cial medium of communications, infor- more than 5 years. many months trying to work with the mation, commerce, and political par- When Senator ALLEN came to the State and local governments to address ticipation. Senate, he and I teamed up for a num- their concerns. We have had months of I look forward to hearing the debate ber of years on this issue, and, of negotiations, and those negotiations and discussion by my colleagues on course, other Senators who have come all went on before our distinguished both sides of the issue. We hope to have to this body. colleagues—the Senators from Ten- an amendment proposed by the Sen- I say in beginning the debate, many nessee, Ohio, and Delaware—came into ators from Delaware, Ohio, and Ten- of those who now oppose the extension the debate.

VerDate jul 14 2003 04:57 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.086 S06PT1 S14160 CONGRESSIONAL RECORD — SENATE November 6, 2003 I note that in the effort to try to find unravels the law of the last 5 years, UNANIMOUS CONSENT REQUEST—H.R. 1828 common ground, Senator ALLEN and I fails to allow us to update this law, the I ask unanimous consent that the agreed to a number of requests that progress that has been seen in the tech- order entered with respect to H.R. 1828, were made by State and local officials. nology sector in the last few months the Syria Accountability Act, be We agreed, for example, to the request could well unravel. changed to reflect that the time for from State and local officials for new If, in fact, the more than 7,000 taxing consideration of the measure be re- statutory language further tightening jurisdictions in this country are al- duced to 60 minutes—the original time the definition of ‘‘Internet access.’’ lowed to take a bite out of the Inter- was 90 minutes—that the time be di- We agreed to the request for new net, and we have the Internet access vided as follows: 30 minutes for Senator statutory language on what is called area broken down into its subparts and SPECTER and 15 minutes each under the bundling, which is, in effect, where you all of them are taxed, I think that control of Senators LUGAR or BOXER or have Internet access bundled with in- could derail the very impressive their designees; that at 9 a.m., Friday, formation technology services other progress we have seen in the tech- November 7, the Senate then proceed than Internet access, and it is impor- nology sector in the last few months. to consider the measure under the limi- tant to separate the two for taxable Let us not put in place a regime of tations as provided under the previous purposes. multiple and discriminatory taxes on order as modified above, with the re- In addition, we agreed to the requests electronic commerce, if for no other maining provisions remaining in effect. from State and local officials for new reason than it would send a horrendous The PRESIDING OFFICER. Is there statutory language protecting a vari- message to this sector where finally in objection? ety of other taxes, such as property and the last few months we are beginning Mr. VOINOVICH. I object. income taxes, that were never affected to see some resurgence. The PRESIDING OFFICER. The ob- by the original legislation we authored, I see my good friend from Virginia on jection is heard. Mr. REID. I, again, extend my appre- but we thought in the name of trying his feet. I want to tell him how much ciation to the Senator from Virginia to find common ground, we would add I appreciate his cooperation. When I for yielding. I will speak at more that as well. began this effort, he was a Governor length at a later time on why I think it We have agreed to a request for a and was supportive of our efforts then. was important that these unanimous savings clause on universal service and I am pleased to have had a chance to consents be approved tonight. a variety of regulatory proceedings. team up with him as a member of the The PRESIDING OFFICER. The Sen- Finally, we have agreed to allow Commerce Committee. States grandfathered so as to protect ator from Virginia. I also say, because we have Senators existing treatment under their State Mr. ALLEN. Mr. President, I rise this who do not share the view of Senator laws of these services 3 more years of evening to ask my colleagues to sup- ALLEN and myself—Senator VOINOVICH, Internet access taxes. port S. 150, the Internet Tax Non- I say as we begin tonight, Senator Senator ALEXANDER, and Senator CAR- discrimination Act, and the substitute PER—that my door continues to be ALLEN and I in 2 months of negotia- or managers’ amendment that has re- tions agreed to five requests from open to all Senators, including Sen- cently been adopted. State and local officials to try to find ators who do not share our view, in an I thank our chairman of the Com- common ground on this matter, and I effort to try to find common ground. merce Committee, JOHN MCCAIN, our ask tonight, what has been offered in Senator ALLEN and I thought the five commodore, on his great navigational return? What have been offered in re- concessions we made during 8 weeks of skills as we worked through this meas- turn are essentially these projections negotiations were part of an effort to ure. I also thank my colleague from Or- that say vast sums are going to be lost be sensitive to the concerns of State egon, Senator WYDEN, for his great to the States if this legislation that and local bodies. Obviously, we have leadership, assistance, and true part- Senator ALLEN and I have proposed is not done that to the satisfaction of all nership in trying to get this measure extended. and our door remains open to all Sen- through for greater opportunity for I just ask Senators to note the lan- ators. Americans. guage associated with these projec- I yield the floor. I also thank others who are on this tions. The language is always, this bill The PRESIDING OFFICER (Mr. amendment, Senators GRASSLEY, could cost such-and-such; and the sum CHAMBLISS). The Senator from Vir- HATCH, SUNUNU, LEAHY, BAUCUS, is, of course, a very large number. ginia. BOXER, LINCOLN, SMITH, the high-tech Never is it presented in terms of any Mr. REID. Will the Senator from Vir- task force chairman, Senator JOHN EN- kind of independent study that this law ginia yield for a unanimous consent re- SIGN, Senator WARNER of Virginia, Sen- has, in fact, cost revenue or would quest? In fact, I have two of them. ator BURNS, who is chairman of the cause revenue to be lost in the future. Mr. ALLEN. I yield. Internet Caucus, and the Senator who is in the chair right now, Mr. After Senator ALLEN and I made UNANIMOUS CONSENT REQUEST—H.R. 2559 these five separate concessions in an CHAMBLISS. All have helped work on Mr. REID. I appreciate it very much. effort to find common ground, we now this reasonable compromise. It will just take a few minutes. I have have these various projections that, for There have been a number of con- two unanimous consent requests. I ask all practical purposes, we are trying to cerns to this measure raised by our op- unanimous consent that the Senate convince the Senate that Western civ- ponents. We have had several months proceed to the conference report to ac- ilization is going to end if we urge that of negotiations. I am confident the bill company H.R. 2559, the Military Con- this law be updated. as it is presented to us on the Senate I know colleagues are anxious to struction appropriations bill; that the floor strikes an appropriate balance be- talk, and I certainly want to give them conference report be agreed to and the tween protecting every American from that opportunity. I close with one last motion to reconsider be laid upon the harmful regressive taxes on Internet point as we begin this discussion. table, with no intervening action or de- access while ensuring that necessary I think colleagues know the tech- bate. protections are in place for State and nology sector has taken a real pound- The PRESIDING OFFICER. Is there local governments to maintain their ing in the last couple of years, but objection? existing revenue base. what we have seen in the last few Mr. VOINOVICH. I object. The fundamental principle driving months is that the technology sector is The PRESIDING OFFICER. The ob- this legislation is very simple and beginning to have a resurgence. We jection is heard. clear, and that is the Internet must re- have begun to see, both with respect to Mr. REID. I would simply say that is main as accessible as possible to all the stock market and capital invest- unfortunate. This is a military con- people in all parts of America forever. ment in the sector, the technology area struction conference report. I cannot This was a principle established in the is really beginning to come back. believe there is any controversy on 1998 legislation when Congress passed I say to my colleagues in the Senate, that. I appreciate my friend yielding to the Internet Tax Freedom Act and it is I think that if, in fact, the Senate me. the principle I ask all Senators to keep

VerDate jul 14 2003 04:57 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.139 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14161 in mind as we consider this legislation action happens to occur over the Inter- policy of the United States has con- this evening and tomorrow. net. sciously allowed Internet innovators, My colleagues have heard me say on Third, our legislation repeals the so- investors, entrepreneurs, and con- many occasions that I believe we ought called grandfathering provision over a sumers to remain free from onerous to be promoting freedom and opportu- 3-year period. taxation of access to the Internet. nities for all Americans. We need to be Fourth, we make clear the original As many of you know, when this was advancing ideas, concepts, and policies intent of the Internet Tax Freedom Act first enacted there were dozens of that help create more jobs and pros- by updating the definition of Internet States and local taxing commissars perity rather than more taxes and bur- access to ensure that the moratorium who were, back then, right in the be- dens. applies consistently to all consumers. ginning, imposing disparate taxes on a The Internet itself is one of our coun- If we are going to exempt Internet consumer’s ability to surf the Internet. try’s greatest tools and symbols of in- access services from taxation perma- Since the last expiration of the Inter- novation and individual empowerment. nently, then I believe it makes sense to net Tax Freedom Act in 2001, some In my view, the Internet is the greatest do so in a manner that applies to all States have begun taxing the high- invention for the dissemination of methods of Internet access, regardless speed component of broadband Internet ideas and thoughts since the Gutenberg of how a consumer chooses to access access services. They are asserting that press. When Martin Luther nailed his the Internet, whether by digital sub- certain portions of high-speed 95 theses to the church at Wittenberg, scriber line, otherwise known as DSL broadband Internet access are tele- if it were not for the Gutenberg press connections, by wireless connection, communications services rather than no one would have read those docu- cable modem service, satellite, or dial- Internet access and the States are ments and those thoughts. up service. thereby circumventing the original in- So today, we have the Internet for Fifth, and lastly, this legislation tentions of the law. the dissemination of ideas. It is an in- makes very clear that nothing in this Working with Chairman MCCAIN and dividualized empowerment zone where measure prevents the collection or re- Senator WYDEN and Senator SUNUNU in individuals are able to access informa- mittance of State and Federal uni- the Commerce Committee, we updated tion, communicate, get knowledge, in- versal service fees. The Internet tax the definition of Internet access to as- formation, as well as engage in com- moratorium that has been in place for sure that all access services, regardless merce. It is a tool for education. It is a 5 years has contributed to the extend- of the technology used to deliver the tool for information and commerce. ing of Internet access to over 127 mil- service, are covered by the moratorium And when we are looking at that, I ask, lion citizens, about 45 percent of the and therefore exempt from State and why would there be some who would population of America. Unfortunately, local taxation. want to burden that? I think we ought that did expire Friday. Every day that There have been some misleading to be trusting free people and free en- it lapses, there is the opportunity for statements, some clever hyperbole, and terprise. We ought to be on the side of consumers to be susceptible to pes- some statements that are just flat-out freedom, because that is what has al- tering new taxes on Internet access wrong. I want to set the record lowed the Internet to flourish, rather services as well as taxes on e-mail, in- straight. than the side of those who would want stant messages, spam filters, and even They have raised a number of con- to make this advancement in tech- Web searches. For every dollar in tax- cerns, the proponents of higher taxes, nology easier to tax for tax collectors. ation added to the cost of Internet ac- with this legislation, indicating that Some people ask, why is the Federal cess, we can expect to see the loss of we have expanded the moratorium on Government involved in this? Well, utilization of the Internet by thou- Internet access to include all tele- heck, if there is anything that is in sands of American families, especially communications services making tax interstate commerce by its architec- lower income families. free even traditional services like local ture, by its design, by its structure, it According to the Pew Internet and and long distance telephone commu- is the Internet. One of the great things American Life Project, 30 percent of nications. about the Internet is that it is not con- non-internet users say cost is a major They have also raised a question of fined to boundaries of States or even reason they remain offline. Addition- whether or not this bill would prohibit countries for that matter. For those of ally, another 43 percent of non-internet States from imposing property taxes, us who thought opening up to China users agreed with the statement that income taxes, or corporate taxes on was a question that we needed to the Internet is too expensive. telecommunications carriers and Inter- broach, I thought the fact that the So, for about half the country who net service providers. Internet was available and to the ex- are still not on line, keeping access af- I want Members of this body to un- tent that the Chinese people could get fordable is vital, and that means keep- derstand and be clear on the facts and more ideas from outside of China and ing access free from State, local, and the truth about this legislation. This not filtered through their government, Federal taxation. The guiding principle bill does not affect traditional voice or that was a reason to hopefully open up is clear, of course: To keep it accessible long distance telephone services or any China for greater prosperity and free- to all people in all parts of the country other communications service that is dom. forever. This is the position I have held not directly used to provide Internet This legislation provides and pro- since 1997, since my days as Governor access. This bill, S. 150, does not affect motes equal access to the Internet for in Virginia when I was one of only four a State’s ability to collect income all Americans. It obviously is designed Governors with this position. taxes, property taxes, or other cor- to protect Americans from harmful and I cannot ever envision a time where porate taxes, such as franchising fees, regressive taxes on Internet access we believe it desirable for any govern- that are unrelated to Internet access. services, as well as preventing duplica- ment, State, local, or Federal, to tax The facts are, S. 150 does not unnec- tive and predatory taxes on Internet access to the Internet. I cannot envi- essarily expand the moratorium on transactions. Specifically, as this sion any time in our future where it Internet access; rather, the legislation measure is before us now, it does sev- will make sense to have multiple taxes clarifies and updates the original in- eral things. on the Internet. Nor can I imagine any tentions of the Internet Tax Freedom First, it extends permanently the time in the future where there ought to Act to include high-speed Internet ac- current Federal prohibition of State be discriminatory taxes or predatory cess services. Only because some States and local taxation of Internet access taxes on the Internet. and localities have attempted, and in service. Yet if the Senate fails to take action fact are circumventing the original law Second, it makes permanent the ban or vote for this legislation, such Mem- by taxing portions of high-speed Inter- on all multiple and discriminatory bers of this body will be permitting and net access, did the definition of Inter- taxes relating to electronic commerce. in effect advocating taxing the Inter- net access need to be updated. It ensures that several jurisdictions, net. The impact of broadband and efforts for example, cannot tax the same There are more people empowered by to stop broadband from being deployed transaction simply because the trans- the Internet today because the Federal by this taxing approach that is going

VerDate jul 14 2003 04:57 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.142 S06PT1 S14162 CONGRESSIONAL RECORD — SENATE November 6, 2003 on, that we are trying to cure, will broadband. It is a lifeline for folks out Mr. CARPER. Mr. President, like my have a very significant impact on in the country, in rural areas. There friend from Virginia, I am a former small towns and rural areas. Our col- are all sorts of incentives that people Governor, as were Senator ALEXANDER, league, CONRAD BURNS of Montana, are for. Senator GRAHAM, and Senator likes to talk about how you have to get Businesses making those investments VOINOVICH. We served as chief execu- broadband out in the country, and he have to figure out when are they going tives of our States. I loved being Gov- would say there is a lot of dirt you to get a return on the investment. If ernor. I have never talked to anybody have to dig through just to get from you tax a transport or make it for a who didn’t like the job. As a matter of one light bulb to another. The same ap- short duration of time, they are going fact, I enjoy being here and working plies to getting broadband out into the to say: Gosh, there are going to be with my friends JOHN MCCAIN, RON communities and out into the country. taxes on it in a few years so there will WYDEN, and others. If you have higher costs imposed on be fewer customers. We just can’t risk When I was privileged to be Governor Internet access and then on top of it all that investment to get out into those of Delaware, we actually cut taxes 7 you are putting higher costs on the in- areas. out of 8 years. We also balanced our vestment for the transport, that means So, more than ever, I really do be- budget 8 years in a row. Among the fewer people in a less populated area lieve we ought to listen to good, sound things I didn’t like as Governor was will be able to afford broadband, there- business reasoning, common sense and when the Federal Government came in by denying them opportunities that logic. In fact, most economists and and tried to tell us in Delaware we had one would have, whether it is for infor- technology experts agree that we need to spend money for some purpose but mation, for education, for knowledge, to be encouraging the deployment of never provided the revenues to pay for or for commerce, for small businesses the next generation broadband Internet that expenditure. Similarly, I never and people who live in rural areas. connections and bring our communica- liked it when the Federal Government Another fact: In this bill it only tions infrastructure into the 21st cen- came in and unilaterally reduced our makes permanent the tax moratorium tury. revenue base for programs we needed in on Internet access services, which is Economists at the Brookings Institu- our State to educate our kids, to pro- simply the ability to get access to the tion estimate that widespread high- Internet. Once a consumer has accessed vide health care, child care, environ- speed broadband access would increase mental protection, and transportation. the Internet, the moratorium does not our national gross domestic product by I never liked it when the Federal Gov- affect the services that are purchased, $500 billion annually by 2006. ernment came in and tried to undercut used, or sold over the Internet that Failure to pass this legislation with a would otherwise be taxable, even if permanent moratorium and with an our ability to raise revenues for those such services are bundled together with updated and clear definition of Internet purposes and never provided an offset Internet access services. access like the one this amendment to make up the difference in the rev- So, in summary, the fact is, by allow- provides, will leave broadband Internet enue that was taken away by the Fed- ing this moratorium to expire, the Sen- access susceptible and open to harmful eral action. I remember as Governor coming here ate has opened the door for States and taxation. In many States and local- and testifying in the early to mid 1990s. localities to begin imposing regressive ities, those taxes could go up as high as taxes on Internet access services. By 25 percent. I believe Governor Voinovich did as taxing Internet access, States and lo- Any additional tax burdens on the well. We called on the Federal Govern- calities are actually contributing, and Internet will mean additional costs ment to stop placing unfunded man- would be contributing, to the economic many Americans cannot afford, forcing dates on State and local governments. digital divide. The more expensive we the poor in our society to reduce or The message is pretty simple. Don’t allow the State and local tax even forego their use of the Internet as tell us to spend money for things and commissars to make Internet access, a tool for exploration, information, expect us to use our revenues. Don’t the less likely people are going to be education, and individual opportunity. come in and restrict our ability to col- able to buy these advanced services, More than ever before, when our lect revenues without providing some- such as high-speed broadband connec- economy is finally moving forward in thing to make up for it. Our voices tions, Internet protocol software, wire- the right direction, the people of this were heard. In 1995, legislation was less or WiFi devices, and many other country need security with regard to adopted to stop unfunded mandates and multimedia applications. their financial future. Businesses need dictates by the Federal Government At a time when technology, as my certainty that prices for Internet ac- which had an adverse effect on my friend Senator WYDEN has said, and the cess will remain affordable to con- State and other States. Internet are growing and improving al- sumers if they are expected to build I believe—correct me if I am wrong— most every aspect of our daily lives, out high-speed networks to rural and that 91 Senators voted in 1995 for the where access to the Internet is not a small-town communities. In a society, unfunded mandates bill. Sixty-three of nicety but a necessity for Americans, indeed a world, where the quality of the 91 Senators who voted for that bill imposing new taxes on access or lev- life and economic power is directly pro- in 1995 are still here in the Senate. ying taxes that discriminate against portionate to one’s access to knowl- In 1998, when Congress adopted an the Internet as a form of commerce edge, we must close the economic dig- Internet tax moratorium, it was in es- will never be sound policy for America. ital divide rather than exacerbate it sence on an unfunded mandate. The As a tool, the Internet breaks down with State and local taxes. Congress agreed to restrict the ability economic and educational barriers, lev- I call on my colleagues to join with of State and local governments to raise eling the playing field for millions of the chairman, our commodore, Senator revenues in three areas. The morato- Americans. MCCAIN, Senator WYDEN, and all of us rium which was adopted in 1998 said There are those who say it shouldn’t in supporting the Internet Tax Non- State and local governments could not be permanent; let’s make it shorter. discrimination Act and permanently tax access to the Internet. For the When you talk to business investors— extending the Internet moratorium on monthly bills we receive from AOL and and let’s go back to rural and small tax access and multiple and discrimi- other Internet providers, State and town areas. When someone is making a natory taxes. As we vote on amend- local governments cannot add a tax to business investment they want to have ments to what would be this Internet that Internet access bill. some credibility and stability and pre- access tax issue—and there will be Similarly, if there was an Internet dictability as to making these millions amendments—I respectfully ask my transaction multiple States would like of dollars of investment to get into a colleagues as we look at these amend- to tax or multiple counties within a smaller market. What is going to be ments to be leaders who stand strong State would like to tax, those multiple our rate of return? When are we going for freedom and opportunity for all taxes were essentially stopped by the to recoup the tens of millions of dollars Americans. 1998 moratorium. it takes to get into these areas? I thank the Chair. Thirdly, discriminatory taxes against We just heard an argument on the The PRESIDING OFFICER. The Sen- transactions over the Internet were Agriculture bill about loans to get ator from Delaware. banned as well. For example, we don’t

VerDate jul 14 2003 04:57 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.145 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14163 have a sales tax in our State, but in my pose academic standards and raise our the opportunity for an up-or-down vote State you could, of course, buy from a expectations in our schools. We need to on that amendment. local merchant a good or a product and provide some kind of health care for I yield back the remainder of my not pay a sales tax or tax of any kind. people, young and old. Those needs are time. If any State were to pass a law that not diminishing. In fact, the burden The PRESIDING OFFICER. The Sen- said if we were to make the purchase of through Medicaid on State and local ator from Ohio. the same good over the Internet we governments, if anything, is increas- Mr. VOINOVICH. Mr. President, I would have to pay a tax, that would be ing, not diminishing. thank my colleague from Delaware, my a discriminatory tax. That is not per- I was Governor during good times. I colleague from the State of Tennessee, mitted under the 1998 Internet tax mor- don’t know if it was easy to be Gov- and my colleague from the State of atorium. ernor from 1992 to 2000, but it was a Florida for standing up—all of us The Internet tax moratorium which heck of a lot easier than today. Today, former Governors—to deal with a mat- was adopted 5 years ago was adopted in instead of dealing with budget sur- ter that will have great impact on our order to give Internet commerce a pluses and figuring out how to invest respective citizens for many years chance to grow and to mature. States or use the budget surpluses or how to ahead. We want to make sure that didn’t like having their ability to raise cut taxes in order to return a portion whatever we do makes sense. revenues as they saw fit restricted by of the surpluses, State and local gov- Before I begin, I would like to set the the Federal Government. But they ex- ernments are scraping for every dime record straight that this debate is cepted 11 States that were actually to try to meet the needs of their about federalism, unfunded mandates, doing that kind of thing, and their States. and protecting States’ ability to col- ability to raise revenues was grand- The question to consider today and lect taxes. It has nothing to do with fathered in. tomorrow and perhaps next week is, taxing e-mail. For the last 5 years—initially the What right do we have as a Federal leg- I have made the issue of unfunded Internet tax moratorium was for, I islature, as a Congress, to step in and Federal mandates a top priority during think, 2 or maybe 3 years—when it was mandate the reduction in the tax base, my 36 years of public service. At every about to expire, the question was, the revenue base, of State and local level of government—as a State rep- should we renew it? I believe it was in governments? What right do we have to resentative, county auditor, county 2001 when it was about to expire that do that? What right do we have to do commissioner, lieutenant governor, Congress renewed it for an additional 2 that in the face of the Constitution? mayor of the City of Cleveland, Gov- years. It did not broaden the kind of What right do we have to do that in ernor of Ohio for 8 years—I have seen three principal activities that were light of the legislation adopted in 1995 firsthand how the relationship of the covered in the initial moratorium that banning unfunded mandates? We have Federal Government with its State and said the same three applied. State and heard from Governors and mayors from local counterparts affects our citizens local governments, unless they are every corner, county council men and and the communities in which they grandfathered in, can’t begin taxing ac- women, commissioners, we heard from live. My background has fueled my pas- cess to the Internet. State and local folks from every corner of this country sion for the issue of federalism and the governments could not have multiple saying, Abide by the law you voted for need to balance the Federal Govern- taxes on the same transactions over in 1995 banning unfunded mandates. ment’s power with powers that our the Internet. Further, this ban on dis- I close with where I started. I have Founding Fathers envisioned to the criminatory taxes was upheld for an- not talked to one Senator who says he States. other 2 years. Last Friday that 5-year or she is for taxing access to the Inter- This very body was created, in part, ban expired, as I think most of us net. We are not. I have not heard from to guarantee that States had adequate, know. Certainly Senators VOINOVICH any Senator, Democrat or Republican, equal means to assert their interest be- and ALEXANDER and I would like to see from any part of this country, who says fore the Federal Government. Our fore- the moratorium, the ban, on the Inter- they are for taxing any person’s e- fathers provided that each State has net tax access, multiple taxes, and the mails. We are not. By the same token, two Senators to protect States rights ban on discriminatory taxes extended. my friends, I don’t believe we should be and federalism, and prior to 1913 those This is not an argument about taxes for stepping in, beyond a very narrow Senators were elected by their legisla- on access to the Internet. I think we moratorium on which we already spoke tures to guarantee that they would actually agree on that. There should in those three areas, to broaden that protect federalism. I believe strongly not be taxes imposed by State and moratorium to further undermine the that the relationship between the Fed- local governments unless they are al- revenue base of our State and local eral Government and State and local ready grandfathered in on access to the governments, during very difficult governments should be one of partner- Internet. That is not what this is all times for all of them, without giving ship. That is why I vowed when I was about. This is not about whether or not that action in this proposal a whole lot elected to the Senate, I would work to we are going to tax anybody’s e-mail. more thought and debate and discus- find ways in which the Federal Govern- We are not going to do that. We are not sion. We will have that opportunity ment can improve the way it works interested in that. One of our col- today and tomorrow. with these levels of government to leagues, Senator VOINOVICH, will have I say to Senator VOINOVICH, Senator serve the American people. more to say about that later. He may GRAHAM, Senator ALEXANDER, and oth- I have also been concerned about the offer a sense of the Senate to make it ers who have joined and will join in of- tendency of the Federal Government to absolutely clear that nobody around fering an amendment tomorrow, in- preempt the functions of State and here is interested in taxing access to cluding Senator HOLLINGS, Senator local governments and force on them the Internet. STEVENS, Senator DORGAN, Senator new responsibilities, particularly with- But as we look to nurture our econ- FEINSTEIN, Senator LAUTENBERG, and out also providing the funding to pay omy and economic activity that is others, I am proud to join in this ini- for these new responsibilities. driven in part by commerce over the tiative. It is possible in the end, I be- Seventeen years ago, in 1986, I spoke Internet, let us remember there is an- lieve, to come up with a policy that is to the Volunteers of the National Ar- other set of voices that need to be fair to State and local governments chives regarding the relationship of the heard. They are the voices of the peo- and is fair to those who would seek to Constitution to America’s cities and ple who are running our State govern- expand our economy and to do so the revolution of federalism. I brought ments, the folks who are running our through Internet commerce. to the attention of the audience my ob- cities and our counties and trying to do Tomorrow we will have the oppor- servation, since my early days in gov- so in an environment where their rev- tunity to vote on an amendment of- ernment, regarding the course Amer- enue base continues to diminish. Their fered by Senator ALEXANDER, Senator ican government has been taking: responsibilities to educate our kids GRAHAM, Senator VOINOVICH, and my- We have seen the expansion of the federal don’t diminish. In fact, those respon- self to do just that. I look forward to government into new, non-traditional do- sibilities are getting tougher as we im- further debate on that amendment and mestic policy areas. We have experienced a

VerDate jul 14 2003 04:57 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.148 S06PT1 S14164 CONGRESSIONAL RECORD — SENATE November 6, 2003 tremendous increase in the proclivity of on the Senate floor since it was en- Oklahoma, $159 million; Tennessee, $358 Washington both to preempt state and local acted in 1995. When this legislation million; Utah, $92 million; Washington, authority and to mandate actions on state passed the Senate in March of 1995, the $33 million. and local governments. The cumulative ef- vote was an overwhelming 91-to-9 vote. That is a lot of money—a lot of fect of a series of actions by the Congress, the Executive Branch and the U.S. Supreme Of the 91 Senators supporting the bill, money—and States will lose tax rev- Court have caused some legal scholars to ob- 50 are still here today, and of the 9 enue under this proposal. serve that while constitutional federalism is nays, 7 Senators are still in office. In In my own State, I spent a lot of alive in scholarly treatises, it has expired as addition, 14 Members of the House— time with our Ohio Tax Commissioners a practical political reality. voting in favor of unfunded mandates Office and the Office of Budget and In 1991, I started a long crusade when reform—have moved over to the Sen- Management. According to the Depart- I became a member of the National ate. So we have 64 Senators today who ment of Taxation in Ohio, we will be Governors Association, working with voted for this bill in 1995 in their re- losing about $700 million over our 2- the State and Local Government Coali- spective Chambers. year biannual budget period. tion to do something about unfunded The bill currently under consider- Last week, my staff was on a con- mandates. In fact, as Governor of Ohio, ation, the Internet Tax Nondiscrimina- ference call with SBC Communica- I requested that a study be done to ex- tion Act of 2003, sponsored by my good tions, Bell South, Sprint, the Ten- amine unfunded mandates. It was the friend from Virginia, Senator ALLEN, nessee Revenue Director, and the Ohio first of its kind in any State. It cap- and Senator WYDEN and Senator Tax Commissioner’s Office. The tele- tured just how bad the mandate prob- MCCAIN, has included unfunded man- communications companies did not dis- lem was in real dollars. Between 1992 dates by the Congressional Budget Of- pute the Ohio Tax Department’s esti- and 1995, Ohio had unfunded mandates fice. mates. of almost $2 billion. These efforts were In fact, I want to quote from the So let’s be honest about it. If this strongly supported by Senator Kemp- Commerce Committee’s report dated permanent moratorium goes through thorne, Senator Roth, Senator Glenn, September 29, 2003, in which CBO said: with the current definition, there is no Congressmen Robert Portman, Tom By extending and expanding the morato- question in the world that States are Davis, and Bill Clinger and culminated rium on certain types of state and local going to lose money. with the passage of the unfunded man- taxes, S. 150 would impose an intergovern- At the end of that conversation, by dates legislation in the Senate on mental mandate as defined in the Unfunded the way, the only thing we got out of it Mandates Reform Act. CBO estimates that March 15, 1995. was that there was uncertainty, confu- the mandate would cause state and local sion, and speculation regarding what As a matter of fact, for the first time governments to lose revenue beginning in in my life I set foot in the Senate when October 2006; those losses would exceed the this all meant. the Senate passed that Unfunded Man- threshold established in [the unfunded man- In addition, we are going to be losing date Relief Act. I was in the Rose Gar- dates relief legislation]. While there is some $350 million, at least, as a result of this den representing State and local gov- uncertainty about the number of states af- proposal today. ernment when President Clinton signed fected, CBO estimates that the direct costs If we pass S. 150, Congress will, in ef- the legislation on March 22, 1995. In to states and local governments would prob- fect, force States to raise taxes or cut fact, I have that pen proudly displayed ably total between $80 and $120 million annu- services in order to make up the dif- ally. . . . in my Senate office. ference. In other words, all 50 States This milestone concluded a lengthy Furthermore, they went on to say: will be forced to debate whether to and coordinated effort by State and Depending on how the language altering raise taxes, cut services, or come to local government officials and their the definition of what telecommunications Congress for more money. Mr. Presi- services are taxable is interpreted, that lan- dent, unlike Congress, by law all states congressional allies to reduce the eco- guage also could result in substantial rev- nomic burden of Federal unfunded enue losses for states and local governments. must balance their budgets. They don’t mandates and the adverse impact they It is possible that states could lose revenue have the option of printing more have on State and local services. if services that are currently taxed are rede- money like the federal government. By the way, this was the second fined as Internet access under the definition States have to balance their budgets plank in the Contract With America of S. 150. and if they don’t spend within their that was developed in 1994. I will never Finally, the report states that CBO means, they are forced to make a forget when we were in Williamsburg cannot estimate the magnitude of choice to either cut services or raise and committed ourselves to the Con- these losses. taxes. Of course, that is something we tract With America. The Senator from Mr. President, let me reiterate, CBO have not done. And I mention, that Virginia was present at that time in said: Depending on how the definition some of my colleagues say States are the capacity of Governor of Virginia. is interpreted, the loss of revenue to not fiscally responsible. I would like to I believed then and I believe today the States and local governments could say that most of the States in the that mandates forced us to cut vital be substantial. United States of America are much services and cut taxes. Mandates also If CBO cannot calculate the potential more fiscally responsible than this rob our citizens and elected officials of loss of revenue to the States, why in body, in which we have increased perhaps the most fundamental respon- the world would we change the defini- spending and added to our burgeoning sibility of government, prioritizing tion of Internet access? And why in the deficit. government services. The Unfunded world would we make the new defini- Mr. President, the newspapers in Mandates Reform Act does not prohibit tion permanent? Ohio get it. The Cincinnati Enquirer, unfunded mandates, but it does slow Even FCC Commissioner Michael one of the most conservative papers in down the process of enacting a man- Powell said the telecommunications Ohio, understands: date and forces each Senator and House industry is in flux and that few indus- One reason governors, mayors and county Member to go on record that we want try experts could agree on a definition officials oppose expanding the Internet tax to mandate or prevent action by State in view of the rapid changes in tech- ban is that telecom companies are racing as or local governments without pro- nology. fast as they can to convert most services to viding the resources with which to pay Senator WYDEN, in his presentation the Internet. If just about everything gets for it. It ensures that Congress is in- earlier this evening, made the allega- tax-exempt under a broader ‘‘Internet ac- tion that no State will lose money cess’’ definition, states and localities would formed and accountable when consid- take a huge tax revenue hit. ering an unfunded mandate for pending under this proposal. We asked the Na- The development of DSL, broadband and legislation. The law was designed spe- tional Governors Association to con- cable Internet service were just the sort of cifically to ensure an up-or-down vote tact the tax commissioners from var- new access technology that Voinovich and on whether to impose a mandate. ious States and here are some of the others hoped would result from the tax mor- The mandate we are debating is ex- findings: Kentucky will lose $265 mil- atorium, but they don’t want it expanded to actly what the Unfunded Mandates Re- lion; Iowa, $45 to $50 million; Maine, $35 kill existing tax revenues. form Act was designed to address. This million; Michigan, $360 million; New The Akron Beacon-Journal also un- is the first time this Act has been used Jersey, $600 million; Ohio, $55 million; derstands:

VerDate jul 14 2003 04:57 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.150 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14165 In short, critical programs would be put in bied for and U.S. Rep. Rob Portman of Ter- services, including Internet access. The pro- jeopardy, from mental health care to public race Park sponsored. That law attempts to posed extension would permit the bundled schools. bar Congress from imposing a mandate on items to be viewed as one product. Thus, Even the Washington Post under- states without paying for it. products that currently are taxed, such as a stands: One reason governors, mayors and county local phone service, would be exempt. officials oppose expanding the Internet tax The amount of revenue lost? Ohio would What’s driving this legislation is that tele- ban is that telecom companies are racing as surrender an estimated $350 million a year. communications companies and Internet fast as they can to convert most services to The potential bleeding explains why Bob service providers see an opportunity not only the Internet. If just about everything gets Taft fired a letter to Charles Grassley of to make the tax moratorium permanent—in tax-exempted under a broader ‘‘Internet ac- Iowa, the chairman of the Senate Finance itself a bad idea—but to save what could cess’’ definition, States and localities would Committee. The governor stressed the ‘‘dev- amount to billions in additional taxes. The take a huge tax revenue hit. The develop- astating’’ impact on States. law frees service providers from having to ment of DSL broadband and coaxial cable The Multistate Tax Commission (an asso- pay taxes on telephone service they use to Internet service were just the sort of new ac- ciation of State tax directors) estimates the provide Internet access. And as the Internet cess technology that Voinovich and others proposed extension would drain at least $4 becomes a more effective medium for pro- hoped would result from the tax morato- billion a year from all State treasuries and viding phone service and delivering products rium, but they don’t want it expanded to kill as much as $8.75 billion by 2006. Again, these such as downloaded movies, software and existing tax revenues. The loss in Ohio serv- are funds States already collect, and many music, the legislation could sweep such of- ices is calculated at $450 million. States face a fiscal crunch as severe as any ferings within the ambit of services that The world won’t end tomorrow if the tax in the past 50 years. states are prohibited from taxing. moratorium expires. It lapsed for a month in In short, critical programs would be put in The Internet shouldn’t be subject to con- 2001 before Congress extended it. The House jeopardy, from mental health care to public flicting taxes, but that’s no reason to argue already passed a bill (H.R. 49) on Sept. 17 schools. George Voinovich certainly knows un- that it shouldn’t be taxed at all. There making the Internet tax ban permanent. funded mandates. He has long railed against should be a level playing field for taxing This week, Sens. Voinovich, Lamar Alex- the feds making demands and leaving States Internet access, whether it comes through ander of Tennessee, Ernest Hollings of South to pick up the tab. In this instance, Congress ordinary dial-up, cable modems or high- Carolina, Frank Lautenberg of New Jersey would tamper with established ways of speed telephone lines. and Maria Cantwell of Washington State put States raising essential revenue, leaving The last thing Congress should do now to a legislative ‘‘hold’’ on S. 150, and according governors and State lawmakers to cover the cash-strapped states is pass a law that would to Senate rules of ‘‘unanimous consent,’’ it not only permanently put Internet access off difference. will take some cutting and pasting before all Better, the responsible argument goes, to limits for taxation but also deprive them of agree to bring it to a floor vote. revenue that they now collect. extend the current ban on taxing Internet Ohio Gov. Bob Taft wrote to urge the Sen- services for a period of time, allowing law- And they go on—I will finish the ate Finance Committee to limit the tax ban makers to think harder about their next quote— to Internet access only. Internet sales are a step. different matter. The Capitol Hill in-fighting Proponents of the law are busy over taxing e-commerce is even more blood- demagoguing the issue, suggesting, as Sen- [From the Washington Post, Nov. 4, 2003] curdling, and as rife with falsehoods. The tax ate sponsor Ron Wyden (D-OR) put it the TAX AND CLICK ban doesn’t mean the Internet is a tax-free other day, that users ‘‘could be taxed every State and local governments have broad zone. But Internet sales, according to the time they read their local newspaper online power to tax as they see fit—everything from Department of Commerce, accounted for or check the score of a football game.’’ Con- clothes and food to electricity and telephone only 1.3 percent of all retail sales in 2002. gress should step back from the brink, tem- service. Nearly everything, that is, except Still it’s no wonder Lamar Alexander is leery porarily extend the moratorium and sort the Internet. Under a supposedly temporary of sales tax bans. Tennessee has no State in- this all out in a way that doesn’t intrude on law passed in 1998 and already extended once, come tax. Someday, States may settle on state prerogatives. Congress prohibited States from taxing some simple point-of-origin sales tax system Internet access fees, the monthly charges Mr. President, I ask unanimous con- for mail order, catalog and Internet sales, imposed by Internet service providers. Pro- sent that these articles be printed in but meantime Congress should keep its ponents argued that the nascent engine of the RECORD. hands off and limit itself to protecting inter- the Internet shouldn’t be slowed by taxing it state commerce and lively tax competition There being no objection, the mate- and that it would take time to devise a sys- between states. rial was ordered to be printed in the tem to prevent duplicative or discriminatory RECORD, as follows: [From the Beacan Journal, Oct. 30, 2003] taxes. Now, with the tax moratorium having [From the Cincinnati Enquirer, Oct. 31, 2003] expired on Saturday, Congress is poised to RESPONSIBLE GEORGE HALLOWEEN SCARE: INTERNET TAXES make the ban permanent, broaden its reach Sen. George Voinovich finds himself in a and wipe out existing taxes that had been (By Tony Lang) familiar position. The Ohio Republican has grandfathered in under the previous law. Sen. George Voinovich of Ohio has been angered many in his party. His offense? He With State budgets under stress and the boiled in a witches’ cauldron this week by wants Congress to act responsibly. He has Internet thriving, this is an unnecessary— critics angered that he helped block an ex- correctly questioned aspects of legislation and costly—incursion on States’ rights. panded ban of taxes on Internet services. The that would extend the Internet Tax Freedom The argument for permanently barring current Internet Tax Moratorium, which he Act, the five-year-old moratorium on State taxes on Internet services centers on two supports, expires Saturday. and local taxation of Internet services set to issues. One is the argument that taxing Anti-tax groups making Voinovich out to expire on Saturday. Internet access, whether through phone lines be the devil incarnate are roasting the wrong Voinovich isn’t alone. Sen. Lamar Alex- or cable modems, would amount to double guy. Voinovich favors keeping the tax mora- ander, a Tennessee Republican, has echoed taxation, because the phone lines and cable torium on Internet access. He helped nego- his concerns. So have many Republican gov- service are already taxed. That’s true, but tiate the Internet Tax Freedom Act of 1997, ernors, including Bob Taft of Ohio. They do purchasing Internet access provides a sepa- supported its renewal in 2001 and opposes not oppose the ban. (Voinovich helped to ne- rate—and separately taxable—bundle of serv- new taxes on telecommunication services. gotiate the original moratorium.) They rec- ices. Terming this double taxation is like And yes, he strongly opposes a tax on e-mail. ognize the need to encourage Web businesses. saying that a shopper who pays tax on a pair But he and other senators do object to new What they find troubling is the breadth of of slacks should then be exempt from being legislation which would expand the defini- the extension. taxed on a shirt bought with it. tion of ‘‘Internet access’’ and not only ex- In September, the House approved legisla- The other argument is that taxing Internet empt some telecom services now taxed but tion that would make the ban permanent. access would worsen and prolong the digital also some income, property and other busi- The Senate is considering a similar bill. divide, the computer gap between rich and ness taxes. That legislative change could Both would expand the definition of Internet poor. This may be a problem, but prohibiting cost state and local governments between $4 services to such an extent that State and taxation is not the answer. It’s not the extra billion and $8.75 billion a year by 2006, the local governments would risk a substantial few cents on a monthly bill that’s stopping Multistate Tax Commission estimates. The erosion of their tax base. Not surprisingly, the less well-off from Googling their way to Congressional Budget Office agrees losses the revised definition was inserted in haste, the middle class. A policy to erase the dig- would be substantial. more ideologically driven that practical. ital divide, however laudable, doesn’t justify Voinovich, a states-rights federalist, ar- No surprise, either, that Voinovich, a the no-tax solution. The federal government gues it would be unconstitutional for the former governor, would spot the difficulty wants to spur home ownership for low-in- Federal government to abolish existing ahead. States collect taxes on local and long- come families—surely a bigger problem than State and local tax revenue streams. It also distance telephone services. Telecommuni- lack of Internet access—but that doesn’t would violate the 1995 Unfunded Mandates cations companies are increasingly looking lead it to tell local governments that they Relief Act, which then-Gov. Voinovich lob- to ‘‘bundle’’ products, offering a collection of can’t impose property taxes.

VerDate jul 14 2003 04:57 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.153 S06PT1 S14166 CONGRESSIONAL RECORD — SENATE November 6, 2003 What’s driving this legislation is that tele- the Internet flourished in all segments and-spend Democrats for Halloween. communications companies and Internet of society during the original morato- The fact is, the Wall Street Journal ar- service providers see an opportunity not only rium, and I think it is safe to assume ticle completely misstated what we are to make the tax moratorium permanent—in that Internet usage continues to in- trying to do here tonight. The ref- itself a bad idea—but to save what could amount to billions in additional taxes. The crease every day. erence to taxing e-mail is nonsense. law frees service providers from having to The question is, how do we continue In fact the Cincinnati Enquirer fol- pay taxes on telephone service they use to to support the growth of the Internet lowed up the Wall Street Journal by provide Internet access. And as the Internet and bring parity for all Internet service saying on October 31, quote: becomes a more effective medium for pro- providers without causing undue harm Anti-tax groups making VOINOVICH out to viding phone service and delivering products to our State and local governments be the devil incarnate are roasting the wrong such as downloaded movies, software and that have been experiencing serious guy. VOINOVICH favors keeping the tax mora- music, the legislation could sweep such of- budget shortfalls? torium on Internet access. He helped nego- tiate the Internet Tax Freedom Act of 1998, ferings within the ambit of services that S. 150 would, for the first time since states are prohibited from taxing. supported its renewal in 2001 and opposes The Internet shouldn’t be subject to con- 1998, change the definition of Internet new taxes on telecommunication services. flicting taxes, but that’s no reason to argue access and, without a clear under- And yes, he strongly opposes a tax on e-mail. that it shouldn’t be taxed at all. There standing of the definition’s impact, In fact, I am going to be introducing should be a level playing field for taxing rush to make it permanent. an amendment tomorrow that is a Internet access, whether it comes through The fact is, Internet technologies are Sense of the Senate to make it very ordinary dial-up, cable modems or high- changing more rapidly than ever. Com- speed telephone lines. The last thing Con- clear that this is not about taxing e- panies are moving quickly to provide mail. I think it is important my col- gress should do now to cash-strapped States multiple services over a single line, in- is pass a law that would not only perma- leagues understand that. This is not nently put Internet access off limits for tax- cluding Internet access, voice commu- what this legislation is about. ation but also deprive them of revenue that nication, data service, and entertain- I am hoping tomorrow we will have they now collect. Proponents of the law are ment service. It does not make sense to an opportunity to vote on this bill and busy demagoguing the issue, suggesting, as change and make permanent the defi- this amendment. I hope my colleagues Senate sponsor RON WYDEN (D-Ore.) put it nition of Internet access when the will be fair enough to understand how the other day, that users ‘‘could be taxed technologies and the different ways serious this matter is to the future of every time they send an e-mail, every time Internet services are being offered is our States and to federalism. I hope we they read their local newspaper online or changing so rapidly. check the score of a football game.’’ Con- are successful tomorrow with our gress should step back from the brink, tem- My colleagues, Senators ALEXANDER, amendment. porarily extend the moratorium and sort GRAHAM, and CARPER, and I will intro- The PRESIDING OFFICER. The Sen- this all out in a way that doesn’t intrude on duce an amendment that simply keeps ator from Florida. State prerogatives. current law in place and offers lan- Mr. GRAHAM of Florida. Mr. Presi- Mr. VOINOVICH. Mr. President, I guage to level the playing field for dent, there have been some comments have made the point that I have strong DSL, wireless, cable, and satellite by my colleagues that the people who concerns with the pending legislation Internet services. Basically, what we are concerned about this issue and who because it is an unfunded mandate. At are offering will be a 2-year morato- are at risk are Governors, State legis- the same time, I think it would be rium. We will amend the current defi- lators, mayors, county commissioners, wrong for Congress to do nothing and nition of the Internet tax moratorium and other officials at the State and allow taxes on Internet access. to preclude the taxing of DSL. local level. I beg to disagree. The peo- As I have said emphatically, I am Many States today, under the grand- ple who are at risk include that child against taxes on e-mail and the Inter- father clause of the tax moratorium, who is in an overcrowded classroom. net. It is no secret that my interest in have been collecting taxes on DSL. The people who are at risk are those the current moratorium dates back to Several other States, because of a loop- persons who have suffered a heart at- my time as Governor. During my ten- hole in the definition, have started col- tack and are waiting for the emergency ure as Governor, I was also chairman of lecting taxes on DSL connections. medical service to arrive. The people the National Governors Association. As What we are proposing—and it is very who are at risk include that woman chairman, I asked Governor Mike fair—is that in consideration of this whose car is broken down on a dark Leavitt to be the lead Governor on the body extending this moratorium for highway and who is waiting for the Internet economy and its effects on only 2 years, States such as Ohio and State trooper to come give assistance. State government and federalism. The others that are now collecting Internet Under this concept of federalism that NGA efforts on this important topic led taxes will give them up at the end of a our Government has followed since its to the current moratorium on Internet 2-year period. This gives them ade- beginning, those responsibilities—edu- taxes which was signed into law in 1998, quate time to prepare, in terms of their cation, emergency response, law en- and then again in 2001. budget, for the loss of the revenues. forcement—have been placed in the Our goal then is the same as my goal Clearly, the States are willing to give hands of the States. It is their respon- today: to encourage the growth of the up taxes that they are now collecting sibility to provide for a governmental Internet as a driving force in our econ- on the Internet in consideration of not structure of State and local response omy. going forward with a permanent mora- that will fulfill those and literally Let’s look at the facts. torium with the definition that is now thousands of other responsibilities. Under the original 3-year morato- contained in the bill before us. In other It has been said that federalism is rium from 1998 to 2001, the Internet words, the fear of what could happen the most significant governmental con- rapidly expanded to all corners of our under the definition of the bill that is cept which has been developed by the country. The point I am trying to before us today in the managers’ United States. It is a philosophy which make is that with the current morato- amendment is so large that they are has always been in flux. We are looked rium that we have, we have seen unbe- saying: We will give up that money down upon in this Chamber by two of lievable expansion in the Internet. just so it lasts for 2 years. During this the figures who represent the divisions That is what we wanted to have. That time, we can work on a definition that within federalism: Our first Vice Presi- is why we put the moratorium in ef- will make sense. dent, John Adams, who was a strong fect. I believe that is a very fair proposal. advocate of a central government; In February 2002, the National Tele- It means we will be reducing taxes on Thomas Jefferson, our second Vice communications and Information Ad- the Internet in many of our States that President, who was an equally strong ministration at the Department of are now collecting taxes. advocate of responsibility being placed Commerce issued a report entitled ‘‘a Last but not least, on October 29, the as close as possible to where the people Nation Online: How Americans Are Ex- Wall Street Journal wrote an editorial affected by that action of government panding Their Use of the Internet.’’ It entitled ‘‘Taxing Your E-Mail.’’ The live. is just unbelievable what has happened Journal claimed that a few Repub- Federalism depends upon certain fun- during that period of time. My point is, licans have decided to dress up as tax- damental principles. One, it depends

VerDate jul 14 2003 06:11 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.095 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14167 upon the principle of a respectful rela- believe we should carry out that objec- ward to a debate on the specifics of this tionship between the central govern- tive with discretion. That is what we issue when we meet again tomorrow. ment and the States. It depends upon have done to date. We have incremen- The PRESIDING OFFICER (Mr. the ability to accept diversity. tally, 2 years at a time, extended the VOINOVICH). The Senator from Ten- Most countries have a ministry of moratorium on the ability of State and nessee is recognized. education which is responsible for edu- local governments to have taxation of Mr. ALEXANDER. Mr. President, I cation on a nationwide basis. We have access to the Internet; and we have thank the Senator from Florida for his gone a different course. We have 50 been carefully defining just what the remarks and say to him and the Pre- States which have the primary respon- range of that moratorium on taxation siding Officer and Senator CARPER how sibility for education from prekinder- would be. And outside of that defini- much I appreciate the opportunity to garten to graduate school. We have the tion, we have given the States and work with them on this issue. They concept that the States should be given local governments significant author- have been leaders in our country, in significant latitude so they can be the ity. That authority has resulted in a our States, among the best Governors laboratories for experimentation in our not insignificant totality of the rev- we have had over the last number of Nation. enue of State governments. years, and I welcome the chance to We also believe under federalism that As an example, last year, on a na- work with them. I thank Senators there should be, to the greatest degree tionwide basis, State governments col- ALLEN and WYDEN for their hard work possible, a matching of power and re- lected between $4 billion and $9 billion on this issue. They have been working sponsibility. If the States, for instance, of revenue from sources which this leg- at it for a long time. I respect that and have a certain set of responsibilities, islation would render immediately and appreciate it. I thank Senator MCCAIN they should have the commensurate permanently nontaxable. I believe that for his congeniality and his efforts to power to organize to meet those re- is not an example of the respectful way move things along. He and the major- sponsibilities and to determine what in which the Federal Government ity leader, last week, agreed to give us level of revenues are going to be nec- should deal with our Federal partners an opportunity, as they have done to- at the State level. essary to meet those responsibilities night, and for tomorrow, to make our As Senator VOINOVICH has said, and and from what source or sources those case, state our issues, have votes that as Senator CARPER and as Senator AL- revenues should come. we want to have, and I am grateful for EXANDER will say, we will make a pro- We recognize that under our Con- posal tomorrow that I think represents that during a busy season. It would stitution, the Federal Government has that appropriate respectful relation- have been easier to just let this go by. ultimate authority. If there is a con- ship. It does what we have done now There are a lot of issues before the Sen- flict between the States and the na- twice before—provide for a 2-year mor- ate, but there are a bipartisan group of tional government, the national gov- atorium on Internet access. It keeps, us who think this is very important as ernment prevails. That concept was with one exception, the same definition well. Each of you have stated tonight— engrained in our Nation through the of interstate access that we have had and I don’t need to restate it—why that Civil War which settled the question of from the beginning of this series of is so. which level of government was su- moratoriums. It does not preemptorily I think it is a part of the tradition of preme. eliminate the ability of those States the Senate that it be the saucer in The Federal Government should not that were grandfathered in to continue which the coffee cools. What we have use this power that it has in an arro- to collect those taxes. It will antici- found over the last several days is, as gant manner but, rather, with discre- pate a gradual phaseout of that grand- our colleagues on both sides of the tion and respect. State governments father status, but not one that could aisle have looked at this unfunded Fed- have all power that is not delegated to have a shock effect on the ability of eral mandate that affects internet ac- the Federal Government. But they, those 11 States, which does not include cess, they have more questions about too, should not use that residual power my State, and which does not include it. There are more people who are deep- in an arrogant way but recognize that, the State of the Presiding Officer. We ly concerned about the proposal of the while they are serving specifically the should not look at this parochially distinguished Senators from Virginia constituents of their State, they also from our own interests but, rather, and Oregon. are serving ends that benefit the Na- what best serves our responsibilities as So I am appealing tonight, and will tion. Education is the most obvious ex- Federalists. be doing so tomorrow, especially to ample of a responsibility which has na- Mr. President, I intend to speak at those Members of the Senate who have tional service but which is directed at somewhat greater length tomorrow as been mayors and Governors, who have the State and local school district we get into the details of why we be- been legislators, city council men and level. lieve S. 150, as submitted, is not in our women, to look at this and the issues Mr. President, the term ‘‘situational tradition of federalism, and to suggest of Federalism. In sort of a reverse par- Federalist’’ has come into vogue to de- an alternative, which will be offered by tisanship, I want to appeal to my col- scribe people who will be Federalist, four of us who are now colleagues, but leagues on this side of the aisle, for particularly in representing the role of previously in our life did have the re- whom the idea of unfunded Federal State and local government when the sponsibility of the chief executive of mandates has been a central part of ends to be met will be achieved one of our 50 States, and therefore our beliefs. It was the center of our Re- through decentralization, and they are know from personal experience the publican resurgence in 1994, the heart not Federalist when the ends they seek challenges that States have in edu- of the Contract With America. S. 1, the to achieve will be better accomplished cating its young people, providing crit- No. 1 Senate bill that the new Repub- through centralizing power. ical law enforcement and emergency lican majority leader, Bob Dole, intro- I reject the concept of ‘‘situational services to our people, and the neces- duced in 1995, was the Unfunded Man- Federalism.’’ I believe, for this great, sity of having the capacity to fund dates Reform Act. So this is important large, diverse, dynamic country to best those services, which is the equivalent stuff for the Republican Party. function, we in Washington should be of the responsibility itself. I believe In listening, though, to the issues very respectful of the role of the the proposal that will be offered tomor- that are being discussed tonight, let States, even when the end result of row is a reasoned proposal that assures me see if I can summarize some of what that may be a policy position with that there will be no further encroach- I believe I have heard and discuss for a which we do not necessarily agree. ment on access to the Internet through moment the amendment that I will be I think we have arrived at one of increased taxation, while at the same sending to the desk, or have already those moments tonight. In this case, time respecting the fact that taxation forwarded to the desk, on behalf of sev- almost everyone in this Chamber sup- on telecommunications revenues rep- eral of us. ports the principle that is in the na- resents a significant capability of the The question tonight is whether and tional interest to have an expansion of States to meet their obligations. to what extent we will allow State and access to this wonderful new world Mr. President, with that somewhat local governments to tax Internet ac- made possible by the Internet. But we philosophical introduction, I look for- cess. That is the issue. There are really

VerDate jul 14 2003 05:05 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.156 S06PT1 S14168 CONGRESSIONAL RECORD — SENATE November 6, 2003 two arguments among those of us who ities, and they would order us to do it That is us, the Republican Congress— are arguing. The first one is—and I and then order us to pay for it, or at States and localities have a historic oppor- may be alone in this, but I don’t think least pay for half of it. tunity not only to effect mandate relief, but so—I don’t like any unfunded Federal We cared about children with disabil- also to restore balance in State-Federal rela- mandate. I supported the idea of a mor- ities, too, and we felt as if we were tions. atorium on State and local taxation of elected to make those decisions. We Then they begin to list in this Herit- access to the Internet when it all found nothing in our laws and constitu- age Foundation document some of the began. Most of us did. That was in the tions about how the Federal Govern- ways States and localities that seemed mid-nineties. It is hard to think back ment ought to define for us what our to have reached their limit are fighting that far. The Internet was an infant in tax base ought to be or ought to be back. They are publicizing the costs of a crib then and none of us wanted it to telling us all of these things. unfunded mandates. They are holding be squashed in its infancy. I vividly remember the new Repub- their Congressmen accountable. They Then after 3 years, along came var- lican majority leader of the Senate, are challenging Congress’s authority to ious advocates who said: Let’s give it Bob Dole, coming to Williamsburg that impose the mandates. They are suing another 2 years. That very narrow ban very meeting Senator VOINOVICH men- the Government for the violation of on Internet access, which didn’t cost tioned. Governor Allen, now Senator, the tenth amendment. They are lob- very much money—probably so little was presiding. Thirty Republican Gov- bying Congress to pass mandate relief money during that time it didn’t qual- ernors were there. Speaker Gingrich legislation—no-money, no-mandate ify under the Unfunded Mandates Re- and Majority Leader Bob Dole came. constitutional amendments. form Act as an unfunded Federal man- Speaker Gingrich talked about the They are considering a collective ac- date—so it was extended 2 years. Contract With America. We Repub- tion to challenge the Federal Govern- Now the advocates of the other posi- licans can remember that—300 Repub- ment’s right to pass laws that impose tion are coming along and saying: We lican candidates standing on the steps duties on States without paying the want to make this ban permanent, and of this U.S. Capitol saying: Here is our bill. we want to broaden the definition of 10-point plan; elect us, and if we break This was the mood in 1994 and 1995, what we mean by ‘‘Internet access,’’ so our promise, throw us out. That is and this was a major reason why the what we have here is not such a com- what we said. That is what we Repub- Republican majority was elected. I plex issue. We have really two ques- licans said. What was our promise? The hope we don’t forget that. I know at tions: Do we want a permanent ban, or heart of that promise was no unfunded the time a great many of our col- do we want a 2-year ban? The second is, Federal mandates. leagues remember it because they Senator Dole knew that. It wasn’t Do we want to extend the same defini- talked about it eloquently in their just a matter of the House of Rep- tion of ‘‘Internet access’’ we now have speeches when the Unfunded Mandates resentatives. He came to Williamsburg, with a minor change, or do we want a Reform Act was enacted in 1995. VA. He pulled out a copy of the Con- Senator LOTT said: broad definition of ‘‘Internet access’’ stitution. He must have done it 100 that might cost State and local govern- It is things like unfunded mandates that times in the next year because I was drive good people out of office. ments billions of dollars? That is really with him 100 times in the next year the issue that will be presented when when he did it. We were both cam- Senator THOMAS said: I served in the we vote most likely tomorrow. paigning in Presidential primaries, and Wyoming Legislature and a good deal I send to the desk, but do not call up, he would read the tenth amendment. of our budget was committed, before an amendment on behalf of myself, Mr. He would read: we ever got to Cheyenne, to unfunded CARPER, Mr. HOLLINGS, Mr. STEVENS, mandates. The powers not delegated to the United Mr. VOINOVICH, Mr. GRAHAM, Mr. DOR- EINSTEIN States by the Constitution, nor prohibited Senator F , a cosponsor of GAN, Mrs. FEINSTEIN, Mr. LAUTENBERG, by it to the States, are reserved to the our amendment, said: I was president and ask that it be filed. States respectively, or to the people. of the board of supervisors. I was I wish to discuss three issues. One is That was Bob Dole in 1994 and 1995. mayor. I saw the development of these the strange case of amnesia that seems He was good to his word. unfunded mandates firsthand and in to have set in, especially on my side of We have a practice of the Senate. The doing so I probably speak for the may- the aisle, about unfunded Federal man- majority leader will pick the most im- ors and local officials all across the Na- dates. The Presiding Officer made an portant bill and make it his bill and tion. eloquent discussion of that issue. So call it S. 1. S. 1 that year for Senator Senator NICKLES, chairman of the did other speakers. Dole, the new Republican majority Budget Committee, said: I used to The second is, I would like to discuss leader, was the Unfunded Mandates Re- serve in the State legislature and we specifically why this is an unfunded form Act of 1995. As Senator VOINOVICH really resented the idea that the Fed- Federal mandate under the specific said earlier, it passed 91 to 9. Sixty- eral Government would come in and terms of the budget law which was three of the Senators who voted for it mandate how we would spend our re- amended in 1995. then are serving in this body today. sources. Finally, I want to say a word about Twelve of them were House Members I am reading speeches from the CON- the amendment which we will offer, then. GRESSIONAL RECORD of Members of this which we believe is a better extension There was a lot of steam in that ar- body in 1995, who voted to ban un- of the ban on Internet access than that gument then. I would like to read just funded Federal mandates. proposed by Senator ALLEN and Sen- a paragraph from a backgrounder put Senator HUTCHISON of Texas said: Al- ator WYDEN. out by the Heritage Foundation in De- most one-third of the increase in the I very well remember 1994 and 1995. cember of 1994. This is just a little Texas State budget over the past 3 Senator VOINOVICH remembered he was while after the Governors met. This years has been the result of unfunded in Williamsburg, VA, when the Gov- paragraph says: Federal mandates—one-third, she un- ernors met. I remember that Senator Throughout much of American history, es- derlined. VOINOVICH, then a Governor, was the pecially since the New Deal— Senator BURNS talked about the im- acknowledged leader of State and local This is how they were looking at it— pact of unfunded mandates. forces who were deeply concerned the Federal Government increasingly has en- Senator BENNETT told a beautiful about the practice of Washington poli- croached upon the fiscal and constitutional story about encountering a mayor dur- ticians passing laws claiming credit prerogatives of State and local government. ing a campaign in his State in Utah, and then sending the bills to mayors Today this imbalance has reached a crisis and he ended up with the mayor say- and Governors. Nothing really made us point, and the States are fighting back. ing, well, if I had a U.S. Senator in Governors much madder than that, Through a variety of initiatives, they are de- front of me with his undivided atten- manding that Federal mandates be funded people getting elected to Congress and and, in many cases, even are challenging the tion, the one thing I would say to him presuming they had suddenly arrived authority of the Federal Government to im- is stop the unfunded mandates. here in Washington, that they had a pose these mandates, whether funded or not. That is just a few of the things that great idea about children with disabil- With the new more State friendly Congress— were said. So the question now then is,

VerDate jul 14 2003 05:05 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.160 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14169 is this really an unfunded Federal man- lieve they could grow to be large. There is undetermined amount of this $20 bil- date? Well, that is not too hard to fig- some question, however, as to what types of lion and ban the ability of State and ure out. Some of my colleagues seemed transactions could not be taxed under the local governments to include that as bill; under some interpretations, these rev- part of their tax base. It is enough, ac- surprised when I suggested this might enue losses could remain quite small. The be, so I have put a letter on every Sen- issue might ultimately have to be resolved in cording to the CBO letter, to define it ator’s desk. the courts. as an unfunded Federal mandate. But I ask unanimous consent that the 3. How much tax revenues do state and they say they cannot tell the exact letter be printed in the RECORD. local governments collect on telecommuni- amount of the $20 billion that might be cation services? U.S. CONGRESS, exempt from State and local taxation. Based on information from industry rep- CONGRESSIONAL BUDGET OFFICE, The Multistate Tax Commission said resentatives, state and local governments, Washington, DC, November 5, 2003. it could tell. It estimated $4 billion to and federal statistical sources, CBO esti- $5 billion. That is an awful lot of Hon. LAMAR ALEXANDER, mates that state and local governments cur- U.S. Senate, Washington, DC. rently collect more than $20 billion annually money. The Senator from Ohio, the DEAR SENATOR: This letter responds to the from taxes on telecommunications services. Presiding Officer, in his argument read three questions you posed in your letter of Such taxes generally fall into two cat- a list of what State revenue officers November 4, 2003, regarding S. 150, the Inter- egories: transactions taxes and business have told him, and what they estimate net Tax Nondiscrimination Act. taxes. Transactions taxes (for example, gross it might take. 1. How much revenue is being collected by receipts taxes, sales taxes on consumers, and The problem is the broader definition state and local governments from taxes on taxes on 911 service) account for about two- DSL? of Internet access, which is contained thirds of the total. in the bill of the distinguished Sen- CBO estimates that state and local govern- In arriving at this estimate, CBO took into ments currently collect at least $40 million account the fact that some companies are ators from Virginia and Oregon, raises per year in taxes on DSL service (Digital challenging the applicability of taxes to the likelihood that some—maybe a Subscriber Line—a high-speed data trans- their services, and thus may not be col- lot—of the $20 billion that is now used mission over regular telephone wires). They lecting such taxes, even though states and by State and local governments to pay are likely to collect revenues totaling more local governments feel they are obligated to for schools, State parks and to keep than $80 million per year by 2008 due to do so. Such potential liabilities are not in- other taxes down, would be taken away growth in the use of high-speed Internet ac- cluded in the estimate. from their tax base. cess. These collections are primarily sales If you would like further details on the in- What do we then do about it? Well, and use taxes on DSL service. formation provided in this letter, we would 2. What would be the revenue loss to state be pleased to provide it. The staff contacts we think we have a suggestion which and local governments under the managers’ for this legislation are Sarah Puro and The- we hope tomorrow our colleagues in amendment to S. 150? resa Gullo. the Senate, if we are able to vote on it, Based on the version of the proposed Sincerely, then will agree with us. Our suggestion amendment CBO received late this afternoon ROBERT A. SUNSHINE is an extension of the current ban on (S150MGR.6), CBO has determined that the (For Douglas-Holtz-Eakin, Director). Internet access for 2 years, with the bill would create intergovernmental man- Mr. ALEXANDER. There is a letter same narrow definition that we now dates as defined in the Unfunded Mandates that I received yesterday from the Con- have, with the exception that we would Reform Act. We estimate that those man- gressional Budget Office on every Sen- make sure that in 23 States which do dates would impose costs on state and local governments in at least one of the next five ator’s desk. It describes the three ways not now tax DSL, that is telephone years that would exceed the threshold estab- in which the proposed ban on State and service that delivers broadband, they lished in that act ($60 million in 2004, in- local Internet access taxes by Senator would not be allowed to do that. creasing to $66 million in 2008). We have iden- ALLEN and Senator WYDEN violate the So in taking the issues that I heard tified three major impacts, each of which Federal Budget Act—specifically, the from the distinguished Senators from would, by itself, exceed the threshold: amendments of the Unfunded Mandates Virginia and Oregon, I would summa- Revenue losses of $80 million to $120 mil- Reform Act of 1995. rize them this way: They argue that lion per year, starting in 2007, to state and These are the three ways: One, there the Internet is so valuable that we local governments that are already taxing is a revenue loss of $80 million to $120 need to override this law we have Internet access and were covered by the million per year to State and local gov- against unfunded Federal mandates. I ‘‘grandfather clause’’ contained in the Inter- net Tax Freedom Act. Some of these are ernments already taxing Internet ac- agree it is valuable but it is not an in- taxes on DSL services. We have no informa- cess. There are 11 such States. fant. It is a pretty big boy. It is out tion to suggest that other states will impose Second, there are losses of $40 million there in the world. We know what it is taxes on Internet access in the near term. to $75 million of taxes on DSL services and it should stand on its own now. Other states are currently imposing taxes that States now collect. That is the The telephone is also a magnificent on charges for the portions of DSL services second violation of an unfunded man- invention. We do not exempt it from they do not consider Internet access. Those date. taxation. The television is a magnifi- states would lose at least $40 million in sales Third, and this makes the point it is cent invention. We do not exempt it and use taxes on DSL services in 2004, and at not only an unfunded mandate, it is po- from taxation. least $75 million by 2008. The preemption of tentially a great big unfunded man- If we really think in the Congress DSL taxes would stem from section 2(c) of the amendment, which defines ‘‘Internet ac- date. The Congressional Budget Office that the Internet deserves to be com- cess.’’ says in its letter that the third way pletely exempt from State and local Substantial revenue losses that could re- this proposal violates the Budget Act is taxation, then why do we not pay for sult from: ‘‘substantial revenue losses that could it? Why do we not pass a law that we (a) The inability of state and local govern- occur’’ when technological change might call the Unfunded Federal Man- ments to collect transactions taxes (includ- shifts traditional communication serv- date Reimbursement Act and just let ing sales and use taxes and gross receipts ices to the Internet—for example, local every mayor and every Governor send taxes) on certain types of telecommuni- and long distance phone calls—or when us a bill every year and we will send cations services. For example, if techno- them a check. If it turns out to be $20 logical change shifts traditional tele- content, music, movies, written works communications services to the Internet, is provided free with Internet access. billion, we will send them $20 billion. If those services—for example local and long This may sound complicated but it is it turns out to be $4 billion, we will distance phone calls—could be included, for not so complicated. Basically, what send them $4 billion because we will free, when a customer purchases Internet ac- this says is it already is happening, have said the Internet is so important cess; that your telephone company or your that we in Congress think it ought to (b) The free inclusion of content (movies, cable TV company will provide your be subsidized, that there should be re- music, and written works) with Internet ac- Internet access. CBO says that State lief from taxation, and so we are going cess in response to the tax exemption pro- and local governments today now col- to pay for it. That would be the honest vided by this bill. Such content is subject to sales and use taxes under current law but lect more than $20 billion annually thing to do, rather than just to say we might increasingly be available at no charge from transaction sales and use taxes on think it is important but you pay for as part of an Internet access package. telecommunications services. it. CBO does not have sufficient information What this letter further says is that That is what we said with how we to estimate these revenue losses, but we be- the Allen-Wyden proposal will take an helped disabled children. That is what

VerDate jul 14 2003 06:56 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.173 S06PT1 S14170 CONGRESSIONAL RECORD — SENATE November 6, 2003 we said with stormwater runoff. That I also have a point of order I could to fly over the Capitol, to make it clear is what we said with clean water. We raise, which would cause the Senate to that telecommunications services, think it is a great idea, you pay for it. consider whether the Allen-Wyden which can be taxed today, would and That is why we are in Washington. We amendment is an unfunded Federal should be taxed in the future. It is ab- print money. You balance budgets. We mandate. If there is a motion to waive solutely clear with respect to all the think it is a good idea, you pay for it. the point of order, which I believe work we have tried to do, both in the That is what the fuss is about. would be sustained by the Chair, then committee and working with various The second thing I have heard is it is Senators would have an opportunity to State and local officials, we feel very in interstate commerce and we could cast a vote for or against an unfunded strongly about it. It is what the bun- not touch it. Telephones are in inter- Federal mandate. But I am going to re- dling issue has been all about in terms state commerce. We do not keep States serve that option and hope that some- of separating out Internet access, and local governments from taxing time tomorrow we can have a clear up- which should not be taxed, and tele- telephones. Televisions are in inter- or-down vote on the amendment which communications services, which ought state commerce. Buses are in inter- I offer with a number of other Sen- to be taxed. state commerce. Planes are in inter- ators. Senator ALLEN and I continue to be state commerce. Catalog sales are in I look forward to the debate tomor- interested in working with colleagues interstate commerce. Severance taxes row. to try to find common ground in this are in interstate commerce. A great big Mr. WYDEN. Mr. President, very area, but the two of us have done ev- part of every State and local govern- briefly, because Senator LAUTENBERG erything except march down the street ment’s budget is made up of a tax base has not had a chance to speak and he with a sandwich board, trying to argue that included items that are in inter- has been gracious enough to just give that telecommunications services must state commerce. So that argument me a couple of minutes to respond to be taxed and that it is Internet access does not wash at all. our friend from Tennessee, I think he about which we are concerned. Taxing broadband, that is a good knows we have a difference of opinion Finally, the last point I would make point. Broadband is coming fast. We do on this issue, but I want him to know is we need to have a discussion in the not want to interfere with that so our how much I appreciate the way he has Senate with respect to what the com- conclusion is, let us stop it in the 23 worked with this Senator. I think he is petitive playing field will look like States that do not now tax broadband. going to be a great addition to the Sen- under the amendment at least as out- Let us put DSL and cable—that is the ate. I look forward to the many issues lined tonight by the Senator from Ten- broadband is delivered—on an equal where we are going to find common nessee. We have already seen a com- playing field. In the States that do tax ground, even though this is not one of petitive disadvantage established, DSL, they can continue that for the 2 them. given the developments in the last few years of the ban. Just briefly on this unfunded man- years between cable and telecommuni- Multiple taxation, that was raised by date question, I think it is clear that, cations. It is the view of the Senator the Senator from Virginia. Well, we are with the more than 7,000 taxing juris- from Virginia and I, as two Members of extending the current language and it dictions in our country, if ever there the Commerce Committee who have fo- bans multiple taxation. Discriminatory was something that was inherently cused on this issue for many months, taxation, we propose to extend the cur- interstate in nature, it is the Internet. that we think the competitive dis- rent language, and that bans discrimi- I think we can just imagine the kind of advantage, which has been established natory taxation. chaos if even a small fraction of these in the last few years between cable and State and local taxation on Internet 7,600 taxing jurisdictions took a bite telecommunications, will widen under access, we would propose to extend the out of the Internet. We would have a the proposal the Senate is going to be ban on Internet access taxation for 2 crazy quilt of laws with respect to the asked to look at tomorrow as an alter- years so we can think this through. So Internet. native. We are going to have a chance we have taken care of that as well. To- There are a whole host of activities to discuss it. morrow, when hopefully we will be vot- where the Federal Government has es- Again, I express my appreciation to ing on this, we will have this choice: sentially made it clear they were in- the Senator from Tennessee with re- Do you want a permanent ban on Inter- herently interstate in nature and you spect to how he has handled this issue. net access taxation, or do you want a 2- do not hear the States expressing any We have a difference of opinion on it, year ban? Do you want a broad defini- grievances. You don’t hear States com- but I admire the Senator from Ten- tion of what we mean by Internet ac- plaining that they can’t tax airline nessee very much and I look forward to cess, a definition that could cost States tickets or mail or a variety of other working closely with him. a significant share of their State or things because we are talking about I yield the floor. local tax base, or do you want a narrow something that is so crystal clear in The PRESIDING OFFICER. The Sen- definition, virtually the same one we terms of its very nature—in effect, the ator from Nevada. have today? essence of article I, section 8, of the UNANIMOUS CONSENT REQUEST—H.R. 2559 I believe the prudent thing for us to Constitution—that this has been an Mr. REID. Mr. President, I direct the do is to take the law that we have area where the Federal Government attention of my friend from Tennessee today, slightly modify it to put DSL has said it is not appropriate to let to Homeland Security and to Leave No and cable on an equal playing field, ex- thousands of local and State jurisdic- Child Behind. If he wants to find some tend it for 2 years, and let us continue tions simply make a mishmash out of a unfunded mandates, have him come to the debate we are having about how to regulatory regime that needs to be uni- Nevada and find out what those two define the two words ‘‘Internet access.’’ form in nature. pieces of legislation have done—I That is really the problem. I agree with I know we are going to talk more should say that piece of legislation, the Senator from Oregon. He has about that tomorrow. I am going to go Leave No Child Behind, and what we worked long and hard on this. There through, tomorrow, the history of the have done to the State of Nevada and have been many meetings. We just Unfunded Mandates Act that supports every other State by not properly fund- don’t agree on what the definition of the position Senator ALLEN and I have ing the Leave No Child Behind Act and Internet access is. taken. what we have done with all of our de- But until we can agree, we should not Two other points very quickly and mands on State and local government put this potentially huge unfunded then I do want to let our friend from with our unfunded mandates relating Federal mandate into the law. So to- New Jersey have some time for which to homeland security. That is the sub- morrow I hope to bring up this amend- he has been patiently waiting. With re- ject of another speech. ment I have filed tonight. I hope our spect to the telecommunications serv- Mr. President, I ask unanimous con- colleagues will compare it with the ices issue which the Senator from Ten- sent that the Senate proceed to the proposal of the Senator from Virginia nessee has discussed, I want to make it conference report to accompany H.R. and Oregon, and I hope they will adopt clear that Senator ALLEN and I have 2559, the Military Construction appro- ours. done everything but hire a sky writer priations bill.

VerDate jul 14 2003 05:05 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.175 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14171 I do this because, in the State of Ne- years, from 26 percent in 1998 to 64 per- The PRESIDING OFFICER. Without vada, Nellis Air Force Base and the cent in 2002. I am sure the rate of Inter- objection, it is so ordered. Fallon Naval Air Training Center are net access today is even higher. Mr. MCCAIN. Mr. President, prior to desperately in need of construction Many households, however, only have wrap-up, this completes the debate and starts and completion of jobs that are basic dial-up access to the Internet and discussion for this evening. It is my un- already underway. haven’t moved to the faster broadband derstanding that Senators from Ten- So I hope my friends on the other access services. nessee, Ohio, and Delaware have an side will allow this very important con- Clearly, the supporters of this bill amendment that has been filed and ference report to be agreed to and the can’t blame an access tax that isn’t they will call it up when we begin our motion to reconsider be laid upon the being imposed for the digital divide continued debate on this legislation to- table, and that be done with no inter- that exists between people who have morrow morning at 9:30. I hope we can vening action or debate. Internet access and those who do not, limit our debate on that amendment I so move. or between households which can afford and have a vote on it and then take up The PRESIDING OFFICER. Is there broadband or wireless Internet access other amendments. It is still the inten- objection? service and those households which tion of the majority leader to finish Mr. ALEXANDER. I object. still use the narrowband dial-up. this legislation tomorrow. I hope we The PRESIDING OFFICER. Objec- Nevertheless, I would support an ex- can achieve that goal. tion is heard. tension of the moratorium on Internet The PRESIDING OFFICER. The Sen- I know everybody would like to go access taxes. By temporary, I am talk- ator from New Jersey. home on Friday afternoon, but I have Mr. LAUTENBERG. Mr. President, ing about a couple of years. But to been assured by the majority leader we first I thank my colleague from Oregon make the moratorium permanent, as will remain until completion of the and my colleague from Virginia for the this bill would do, in my view is an ab- legislation. hard work they did to get us to this dication of responsibility on our part. I think it has been a good debate to- point where we have an opportunity to I cannot and will not support a per- night. I thank all of my colleagues. I review some of the problems we have manent moratorium that is so poorly look forward to disposing of the seen in the Internet tax area. I had an defined that it won’t just apply to ac- amendments tomorrow when we recon- early opportunity to review and care- cess taxes. I cannot and will not sup- vene at 9:30. fully consider S. 150, and I support the port a moratorium that will deprive I yield the floor to the distinguished stated purpose of this legislation. I the States of $4 billion to $9 billion in Senator from Nevada. agree that the American consumer revenues by the year 2006, according to f should be encouraged and not taxed to the Multi-State Tax Commission and the National Governors Association. UNANIMOUS CONSENT REQUEST— access the Internet. H.R. 1828 I also agree with the stated purpose Based on the language in the bill re- of this legislation, that the Federal ported out of the Commerce Com- Mr. REID. Mr. President, I will pro- Government should ensure tax-free ac- mittee, my home State of New Jersey pound a unanimous consent request re- cess to the Internet, irrespective of the by itself stands to lose $833 million in garding the Syria Accountability Act technology the consumer uses, whether annual revenues. Other States also in just a minute. it is the regular dial-up modem, cable stand to lose hundreds of millions of This is an important piece of legisla- modem, DSL, wireless, or satellite. dollars as well. Maybe some Senators tion that requires our immediate at- My concerns with this legislation are willing to look the other way and tention. don’t stem from its stated purposes. not address the problems with this bill. This bill would establish economic My concerns are with the legislation’s So be it. But I cannot do that. Even sanctions against Syria, unless the unstated purposes and unintended con- under the managers’ amendment, President certifies that Syria has sequences which most State, county, which is a modest improvement, the ceased all support for international and local tax experts believe would annual revenue loss for New Jersey is terrorism and has gotten out of the jeopardize important revenue streams, believed to be somewhere around $600 weapons of mass destruction business. such as the gross receipts tax, that million. My question is: Why are we As we have known for some time, were permitted under the first two doing this to States when they are fac- Syria supports and sponsors Hizballah iterations of the Internet tax morato- ing the biggest fiscal crisis they have and other terrorist groups. Hizballah, rium. seen since World War II or even the De- of course, was responsible for the dead- The Internet tax moratorium bill was pression years? ly attack against 298 of our marines in conceived in 1998 as a proconsumer leg- A permanent, poorly crafted morato- Lebanon 20 years ago, and they have islative attempt aimed at increasing rium? No way. I cannot in good con- also been behind repeated attacks American access to the Internet. Now science support something so far reach- against Israeli civilians over the years. that the bill has been rewritten and ing. It is also no secret that the Baathists greatly expanded, it has as a result be- That is why I support an amendment of Syria and Iraq shared a common come another corporate giveaway of I believe will be offered by some of my view of the world. They are anti-west- potentially enormous and devastating colleagues, Senators ALEXANDER, CAR- ern, corrupt, and dangerous. Our intel- proportions. PER, and VOINOVICH, to extend the ex- ligence experts have noted a signifi- According to the Commerce Com- isting moratorium for only 2 years, and cant amount of weapons and terror mittee report accompanying S. 150, the to fix the discrepancy in the way DSL traffic between Iraq and Syria leading original enactment of this legislation and cable modem are treated for tax up to the war. This would be consistent in 1998 imposed a temporary morato- purposes. with reports that Syria offered sanc- rium on ‘‘certain taxes that could have I realize even if this amendment is tuary to senior figures from the Iraqi a detrimental effect on the continued offered and agreed to, States such as regime. expansion of Internet use in the United New Jersey will still lose much-needed And now, as our brave men and States.’’ revenue, but at least we can and must women fight a low-intensity conflict in In 1999, only 26 percent of United minimize the impact. Iraq, it is becoming clear that many of States households had Internet access, I yield the floor. the threats that they face result from according to the Department of Com- Mr. WYDEN. Mr. President, I suggest the porous border with Syria, and the merce. In September 2001, 51 percent of the absence of a quorum. failure of Syria to crack down on cross- United States households had Internet The PRESIDING OFFICER. The border terrorism. access. In 2002, according to the clerk will call the roll. Make no mistake: This bill is critical Forrester Research firm, 64 percent— The legislative clerk proceeded to to our troops, and to restoring peace in quite a jump in a year—of U.S. house- call the roll. the Middle East. It is also critical to holds had Internet. Mr. MCCAIN. Mr. President, I ask holding Syria accountable for their The number of households with Inter- unanimous consent that the order for shabby record on terrorism and human net access has more than doubled in 4 the quorum call be rescinded. rights.

VerDate jul 14 2003 06:56 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.178 S06PT1 S14172 CONGRESSIONAL RECORD — SENATE November 6, 2003 I am hopeful my colleagues on the THE ARMED FORCES RELIEF erties groups alike. The administration other side will pass it without further TRUST has only good things to say about it, delay. Mr. GRAHAM of South Carolina. I and I know of no individual or organi- To my knowledge, no amendment has rise today to commend an initiative re- zation that opposes it. been filed tonight. I hope tomorrow cently launched by the National Asso- The answer must be that someone on morning we can pass the Syria Ac- ciation of Broadcasters and its local the other side of the aisle is playing countability Act. We can shorten the radio and television station members. politics with this bill, holding it up for time to 1 hour. Under the present con- With more than 140,000 military per- some reason that has nothing to do sent agreement which has been ap- sonnel stationed in Afghanistan, Iraq with it—or for no reason at all. proved before this body, we will move and around the world, the resources We could pass the Criminal Spam Act to it for an hour and half at any time needed to take care of our troops and today, the House could act quickly and the majority leader wishes. We have their families are strained. As an Air we could start prosecuting the worst of waited a long time to get to this. I Force reservist, I have seen firsthand the worst spammers without delay. In- hope we can do it tomorrow. the financial and emotional difficulties stead, a single Republican Senator is I hope that also tomorrow—and I was that many families face when a family allowing these individuals to continue willing to do it tonight, but it has been member is on an extended deployment. to flood the Internet with their un- rejected on two separate occasions—we Of course, the military takes care of wanted ads. The Internet is a valuable asset to can pass the Military Construction ap- its own. But, as the war on terror con- our Nation, to our economy, and to the propriations bill. I don’t understand tinues and needs escalate, the military lives of Americans. We should act now why we can’t do that. We could have cannot do it alone. To respond to this to secure its continued viability and vi- this matter on the President’s desk in growing need, the four military aid so- tality. a matter of hours. After it is signed, cieties have joined together to create a places such as Nellis Air Force Base single umbrella organization: the f and Fallon Naval Air Training Center Armed Forces Relief Trust. NATIONAL CONSUMER CREDIT RE- would be able to start construction In support of this new relief organiza- PORTING SYSTEM IMPROVE- projects that are badly needed. Both of tion, local commercial radio and tele- MENT ACT OF 2003 those bases are terribly busy because of vision stations are airing radio and tel- what is going on in the Middle East Mr. BUNNING. Mr. President, I rise evision public service announcements, today in support of S. 1753, the Na- and because of the training for our asking viewers and listeners to con- naval airmen and Air Force airmen. I tional Consumer Credit Reporting Sys- tribute to the Trust. The over-the-air tem Improvement Act of 2003. As we all know the people at Nellis badly need broadcast medium continues to be the this money. know, reauthorization of the Fair Cred- most effective way to rapidly dissemi- it Reporting Act is a very important I ask consent that the order entered nate information to the public. Last with respect to H.R. 1828, the Syria Ac- issue for the financial services industry year, the four military emergency as- and for consumers. When I talk to my countability Act, be changed to reflect sistance programs disbursed more than the time for consideration be reduced friends in this sector, it is always the $109 million in interest-free loans and first thing they ask about. It touches to 60 minutes; that there be 30 minutes grants to more than 145,000 individuals under the control of Senator SPECTER, everyone and their money and our na- and families in need. With the help of tional economy. It is critical that we 15 minutes each for Senators LUGAR America’s local radio and television and BOXER, or their designees; and at 9 act on it before adjournment. I believe stations, I am convinced that the Trust that the Banking Committee under the a.m. tomorrow morning the Senate will be able to assist even more mili- proceed to the measure under limita- leadership of Chairman SHELBY has tary families. created a fair, bipartisan bill and I urge tions provided under the previous order I applaud the efforts of local broad- as modified above with the remaining my colleagues to support it. casters to support the families of those We have been talking about this provisions of the order now in order to who defend us every day. remain in effect. issue for several years. We have held a The PRESIDING OFFICER. Is there f number of hearings on it. We looked it objection? over pretty thoroughly, and I think we THE CRIMINAL SPAM ACT OF 2003 have come up with a reasonable ap- Mr. MCCAIN. I object. The PRESIDING OFFICER. The ob- Mr. LEAHY. Mr. President, in June proach. Most importantly, we have to jection is heard. of this Year, I introduced S. 1293, the act now because this bill is also impor- Mr. REID. I would hope that the ma- Criminal Spam Act, together with my tant to our overall economy. ATCH Last week we had great economic jority would allow the Senate, before friend Senator H and several of news. Our economy is roaring back and we take our weekend break, to do these our colleagues on the Judiciary Com- that is good news for everyone. But if two pieces of legislation—the Syria Ac- mittee. In September, the committee we fail to pass this bill, it could end up countability Act and the military con- unanimously voted to report the bill to being a serious speed bump on the road struction conference report. I hope we the floor. Two weeks ago, the Senate to a better economy. If there is one can do that. These are non-partisan adopted portions of the bill as an thing that markets hate, it is uncer- measures. I don’t know what advantage amendment to S. 877, the CAN SPAM tainty. They want to know where we any of us have by taking a few minutes Act. The bill has been cleared from the are and where we are going. For better and passing them. I hoped we could do Democratic cloakroom for weeks. or worse, the markets think we are military construction in tonight’s Unfortunately, this important meas- going to pass this bill. They think we wrap-up. It is something that needs to ure is hung up on the Republican side are going to outline a stable path for be done that no one disputes. No one because of an anonymous ‘‘hold’’ by financial institutions when it comes to needs it more than the military of our some Republican Senator. the sharing of information. Any talk or country. The Criminal Spam Act targets the any sign from Congress that makes the I yield the floor. most pernicious and unscrupulous spammers—those who use trickery and markets think that we aren’t going to f deception to induce others to relay and pass this bill would create a great deal view their messages. Ridding America’s of uncertainty in the financial mar- MORNING BUSINESS inboxes of deceptively delivered spam kets. Now that our economy is really Mr. MCCAIN. Mr. President, I ask will significantly advance our fight coming to life, that is the last thing we unanimous consent there be a period of against junk e-mail. need. If the markets think we are going morning business with Senators per- Why would anyone want to prevent to let the FCRA lapse, they are going mitted to speak for up to 10 minutes passage of this important legislation? to get very jittery very quickly. I can each. It is bipartisan. It is non-controversial. understand that. This is a sensitive, The PRESIDING OFFICER. Without It enjoys broad support from busi- complicated area. I don’t think any of objection, it is so ordered. nesses, consumer groups, and civil lib- us wants the FCRA to lapse.

VerDate jul 14 2003 05:05 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.092 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14173 We need Federal preemption in this ADDITIONAL STATEMENTS States, together with an accompanying area. I think it would be a mistake to report; which was referred to the Com- let States and localities all try to im- mittee on Appropriations: pose their own privacy rules. There are HONORING BENJAMIN AND ALEC To the Congress of the United States: trillions of dollars at stake. We have to WILLIAMS Consistent with Division C, District be very careful. But if we fail to pass ∑ Mr. CRAPO. Mr. President, today I of Columbia Appropriations Act of this bill, we open a Pandora’s box of honor Benjamin Richard Williams and Public Law 108–7, the Consolidated Ap- States and localities writing their own Alec David Williams for receiving the propriations Resolution, 2003, I am no- rules, and the markets and financial Eagle Scout Award. As an Eagle Scout tifying the Congress of the proposed institutions just are not prepared for myself, I know first hand the dedica- use of $10,623,873 provided in Division C that. We can’t let that happen. We tion and hard work involved in attain- under the heading ‘‘Federal Payment don’t need that uncertainty now. Who ing this prestigious award. These two for Emergency Planning and Security knows what would happen. brothers, from my home State of Costs in the District of Columbia.’’ Idaho, are exceptional individuals who This will reimburse the District for the On a personal note, I am very pleased costs of public safety expenses related that the bill contains strong identity have accomplished much in their young lives. Allow me a moment to tell to security events and responses to ter- theft and privacy protections, includ- you about them. rorist threats. ing my amendment on Social Security In addition to his rank of Eagle The details of this action are set number truncation that will help pre- Scout, Ben has served diligently in the forth in the enclosed letter from the vent thieves who go ‘‘dumpster diving’’ Boy Scout organization, most recently Director of the Office of Management or try to steal credit reports from mail as Senior Patrol Leader. He has also and Budget. boxes. Identity theft is a growing prob- been heavily involved in extra-cur- GEORGE W. BUSH. THE WHITE HOUSE, November 6, 2003. lem in America. The Internet is mak- ricular activities at Boise High School. ing it easier for thieves to obtain con- Ben is a cross-country runner and is in- f sumer information. My amendment volved in his school’s jazz and march- MESSAGE FROM THE HOUSE— will help fight this growing menace. ing bands. All of this while keeping a November 5, 2003 Under this bill, consumers can block very impressive 3.95 GPA. The House passed the following bill, out their Social Security number on Alec is here with us in the Senate their credit reports. It is just the sort in which it requests the concurrence of today, serving our country as a con- the Senate. of simple, commonsense approach that gressional page. We appreciate his val- will help consumers without burdening H.R. 2898. An act to improve homeland se- uable service in this capacity. Alec has curity, public safety, and citizen activated business. served in several capacities in the Boy emergency response capabilities through the I would also like to talk about the Scouts, most recently as the assistant use of enhanced 911 wireless services, and for amendments that are going to be of- senior patrol leader. Alec is also an ex- other purposes. fered by my colleagues from California. ceptional student with a 4.0 GPA. At- f taining the rank of Eagle Scout is one They are based, in large part, on a Cali- MESSAGES FROM THE HOUSE fornia bill, SB1. I am sure California more accomplishment to add to his al- At 11:54 a.m., a message from the has a fine legislature. And I am sure ready impressive list. House of Representatives, delivered by their representatives try their best to I commend Benjamin and Alec on re- Mr. Hays, one of its reading clerks, an- represent their California constituents. ceiving their Eagle Scout Awards. nounced that the House has passed the But I do not think the California legis- Through the leadership and service op- following bills, in which it requests the lature represents the people of Ken- portunities provided in the Scouting concurrence of the Senate: tucky or the other States very well. program, Ben and Alec are better pre- pared to serve their families and Amer- H.R. 2443. An act to authorize appropria- That is not their job. If we adopt the tions for the Coast Guard for fiscal year 2004, amendments to be offered by my ica’s communities. I wish them contin- ued success in all of their endeavors.∑ to amend various laws administered by the friends, it would have the effect of im- Coast Guard, and for other purposes; posing California’s rules on the rest of f H.R. 2620. An act to authorize appropria- tions for fiscal years 2004 and 2005 for the the Nation. That is a bad idea that will MESSAGES FROM THE PRESIDENT only lead to the economic uncertainty Trafficking Victims Protection Act of 2000, we have to avoid. Messages from the President of the and for other purposes; United States were communicated to H.R. 3214. An act to eliminate the substan- If California wants to try to craft the Senate by Ms. Evans, one of his tial backlog of DNA samples collected from crime scenes and convicted offenders, to im- their own rules and work with Federal secretaries. regulators, I say more power to them— prove and expand the DNA testing capacity but not if it puts a crimp on the na- f of Federal, State, and local crime labora- tories, to increase research and development tional economy or starts rewriting the EXECUTIVE MESSAGES REFERRED of new DNA testing technologies, to develop rules for the other 49 States. Our credit As in executive session the Presiding new training programs regarding the collec- system is a national system and it Officer laid before the Senate messages tion and use of DNA evidence, to provide needs a national standard. Standards from the President of the United post-conviction testing of DNA evidence to that may work in California or Ken- exonerate the innocent, to improve the per- States submitting sundry nominations formance of counsel in State capital cases, tucky may not work for the country as which were referred to the appropriate a whole. Usually I am all for taking and for other purposes; committees. H.R. 3348. An act to reauthorize the ban on power away from Washington and send- (The nominations received today are undetectable firearms; ing it back to the States and local gov- printed at the end of the Senate pro- H.R. 3349. An act to authorize salary ad- ernment. But on this bill we cannot ig- ceedings.) justments for Justices and judges of the nore the fact that credit rules and mar- United States for fiscal year 2004; and kets and money are all part of a broad- f H.R. 3379. An act to designate the facility er, national economy that requires a of the United States Postal Service located REPORT OF THE APPROVAL OF at 3210 East 10th Street in Bloomington, In- unified, Federal approach. To let THE USE OF $10,623,873 PROVIDED diana, as the ‘‘Francis X. McCloskey Post Of- States undermine that would be a rec- BY THE DISTRICT OF COLUMBIA fice Building’’. ipe for disaster. APPROPRIATIONS ACT, PUBLIC The message also announced that the S. 1753 is a fair and balanced bill that LAW 108–7, THE CONSOLIDATED House agrees to the amendments of the sets a fair and balanced standard for APPROPRIATIONS RESOLUTION, Senate to the bill (H.R. 3365) to amend our entire Nation. It is bipartisan, it is 2003—PM 55 title 10, United States Code, and the In- common sense, and it is a prudent solu- The PRESIDING OFFICER laid be- ternal Revenue Code of 1986 to increase tion to a pressing problem for our fi- fore the Senate the following message the death gratuity payable with re- nancial institutions. from the President of the United spect to deceased members of the

VerDate jul 14 2003 05:05 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.140 S06PT1 S14174 CONGRESSIONAL RECORD — SENATE November 6, 2003 Armed Forces and to exclude such gra- Ms. Niland, one of its reading clerks, EC–5124. A communication from the Assist- tuity from gross income. announced that the House disagrees to ant Secretary for Fish and Wildlife and Parks, Division of Migratory Bird Manage- f the amendment of the Senate to the bill (H.R. 2622) to amend the Fair Cred- ment, Fish and Wildlife Service, transmit- ENROLLED BILLS SIGNED ting, pursuant to law, the report of a rule en- it Reporting Act, to prevent identity At 12:11 p.m., a message from the titled ‘‘Migratory Bird Permits; Regulations theft, improve resolution of consumer Governing Rehabilitation Activities and Per- House of Representatives, delivered by disputes, improve the accuracy of con- mit Exceptions’’ (RIN1018–AH87) received on Ms. Niland, one of its reading clerks, sumer records, make improvements in October 30, 2003; to the Committee on Envi- announced that the Speaker of the the use of, and consumer access to, ronment and Public Works. House of Representatives has signed credit information, and for other pur- EC–5125. A communication from the Ad- the following enrolled bills: poses, and agrees to the conference ministrator, General Services Administra- tion, transmitting, pursuant to law, two re- S. 677. An act to revise the boundary of the asked by the Senate on the disagreeing Black Canyon of the Gunnison National ports required by the Travel and Transpor- Park and Gunnison Gorge National Con- votes of the two Houses thereon; and tation Reform Act of 1998; to the Committee servation Area in the State of Colorado, and appoints the following members as on Environment and Public Works. for other purposes; and managers of the conference on the part EC–5126. A communication from the In- S. 924. An act to authorize the exchange of of the House: spector General, Nuclear Regulatory Com- lands between an Alaska Native Village Cor- For consideration of the House bill mission, transmitting, a copy of the Fiscal poration and the Department of the Interior, and the Senate amendment, and modi- Year 2003 Commercial and Inherently Gov- ernmental Activities Inventories for the and for other purposes. fications committed to conference: Mr. The enrolled bills, previously signed Commission, Office of the Inspector General; OXLEY, Mr. BEREUTER, Mr. BACHUS, Mr. to the Committee on Environment and Pub- by the Speaker of the House, were CASTLE, Mr. ROYCE, Mr. NEY, Mrs. signed on today, November 6, 2003, by lic Works. KELLY, Mr. GILLMOR, Mr. LATOURETTE, EC–5127. A communication from the Dep- the President pro tempore (Mr. STE- Mrs. BIGGERT, Mr. SESSIONS, Mr. uty Associate Administrator, Environmental VENS). FRANK, Mr. KANJORSKI, Mr. SANDERS, Protection Agency, transmitting, pursuant Ms. WATERS, Mr. WATT of North Caro- to law, the report of a rule entitled ‘‘Ap- At 6:03 p.m., a message from the proval and Promulgation of Air Quality Im- lina, Mr. GUTIERREZ, Ms. HOOLEY of Or- House of Representatives, delivered by plementation Plans States of Montana and Mr. Hays, one of its reading clerks, an- egon, and Mr. MOORE. Wyoming; Revisions to the Administrative nounced that the House agrees to the f Rules of Montana; New Source Performance amendment of the Senate to the bill Standards for Wyoming and Montana’’ (H.R. 1442), to authorize the design and MEASURES REFERRED (FRL#7573–2) received on October 28, 2003; to construction of a visitor center for the The following bills were read the first the Committee on Environment and Public Vietnam Veterans Memorial. and second times by unanimous con- Works. The message also announced that the EC–5128. A communication from the Dep- sent, and referred as indicated: uty Associate Administrator, Environmental House disagrees to the amendments of H.R. 2443. An act to authorize appropria- Protection Agency, transmitting, pursuant the Senate to the bill (H.R. 1904) to im- tions for the Coast Guard for fiscal year 2004, to law, the report of a rule entitled ‘‘Ap- prove the capacity of the Secretary of to amend various laws administered by the proval and Promulgation of Implementation Agriculture and the Secretary of the Coast Guard, and for other purposes; to the Plans and Designation of Areas for Air Qual- Interior to conduct hazardous fuels re- Committee on Commerce, Science, and ity Planning Purposes; Arizona’’ (FRL#7573– duction projects on National Forest Transportation; and 9) received on October 28, 2003; to the Com- System lands and Bureau of Land Man- H.R. 3379. An act to designate the facility mittee on Environment and Public Works. agement lands aimed at protecting of the United States Postal Service located EC–5129. A communication from the Dep- communities, watersheds, and certain at 3210 East 10th Street in Bloomington, In- uty Associate Administrator, Environmental diana, as the ‘‘Francis X. McCloskey Post Of- other at-risk lands from catastrophic Protection Agency, transmitting, pursuant fice Building’’; to the Committee on Govern- to law, the report of a rule entitled ‘‘Ap- wildfire, to enhance efforts to protect mental Affairs. proval and Promulgation of Implementation watersheds and address threats to for- Plans; State of Missouri’’ (FRL#7580–5) re- f est and rangeland health, including ceived on October 28, 2003; to the Committee catastrophic wildfire, across the land- MEASURES PLACED ON THE on Environment and Public Works. scape, and for other purposes, and asks CALENDAR EC–5130. A communication from the Dep- for a conference with the Senate on the uty Associate Administrator, Environmental disagreeing votes of the two Houses The following bill was read the first Protection Agency, transmitting, pursuant thereon; and appoints the following and second times by unanimous con- to law, the report of a rule entitled ‘‘Ap- members as the managers of the con- sent, and placed on the calendar: proval and Promulgation of State Plans for H.R. 3349. An act to authorize salary ad- Designated Facilities; Puerto Rico’’ ference on the part of the House: (FRL#7581–1) received on October 28, 2003; to From the Committee on Agriculture justments for Justices and judges of the United States for fiscal year 2004. the Committee on Environment and Public for consideration of the House bill and Works. the Senate amendments, and modifica- f EC–5131. A communication from the Dep- tions committed to conference: Mr. uty Associate Administrator, Environmental ENROLLED BILLS PRESENTED GOODLATTE, Mr. BOEHNER, Mr. JENKINS, Protection Agency, transmitting, pursuant Mr. GUTKNECHT, Mr. HAYES, Mr. STEN- The Secretary of the Senate reported to law, the report of a rule entitled ‘‘Revi- HOLM, Mr. PETERSON of Minnesota, and that on November 6, 2003, she had pre- sions to the California State Implementation Plan, Bay Area Air Quality Management Mr. DOOLEY of California. sented to the President of the United From the Committee on Resources, States the following enrolled bills: District’’ (FRL#7577–1) received on October 28, 2003; to the Committee on Environment for consideration of the House bill and S. 677. An act to revise the boundary of the and Public Works. the Senate amendments, and modifica- Black Canyon of the Gunnison National EC–5132. A communication from the Dep- tions committed to conference: Mr. Park and Gunnison Gorge National Con- uty Associate Administrator, Environmental POMBO, Mr. MCINNIS, Mr. WALDEN of servation Area in the State of Colorado, and Protection Agency, transmitting, pursuant Oregon, Mr. RENZI, Mr. GEORGE MILLER for other purposes. to law, the report of a rule entitled ‘‘Ap- of California, and Mr. INSLEE. S. 924. an act to authorize the exchange of proval and Promulgation of Implementation From the Committee on the Judici- lands between an Alaska Native Village Cor- Plans for Kentucky: Permit Provisions for ary, for consideration of sections 106 poration and the Department of the Interior, Jefferson County, Kentucky’’ (FRL#7582–6) and for other purposes. and 107 of the House bill, and sections received on October 28, 2003; to the Com- f mittee on Environment and Public Works. 105, 106, 1115, and 1116 of the Senate EC–5133. A communication from the Dep- amendment and modifications com- EXECUTIVE AND OTHER uty Associate Administrator, Environmental mitted to conference: Mr. SENSEN- COMMUNICATIONS Protection Agency, transmitting, pursuant BRENNER, Mr. SMITH of Texas, and Mr. to law, the report of a rule entitled ‘‘Dis- CONYERS. The following communications were approval of State Implementation Plan Revi- laid before the Senate, together with sions, Antelope Valley, Butte County, Mo- At 6:31 p.m., a message from the accompanying papers, reports, and doc- jave Desert, and Shasta County Air Quality House of Representatives, delivered by uments, and were referred as indicated: Management Districts and Kern County Air

VerDate jul 14 2003 06:56 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.111 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14175 Pollution Control District’’ (FRL#7583–5) re- Management, Department of Health and EC–5157. A communication from the Chair- ceived on October 28, 2003; to the Committee Human Services, transmitting, pursuant to man of the Council of the District of Colum- on Environment and Public Works. law, the report of a rule entitled ‘‘Medicare bia, transmitting, pursuant to law, a report EC–5134. A communication from the Dep- Program; Review of National Determina- relative to D.C. Act 15–209, ‘‘Debarnment uty Associate Administrator, Environmental tions and Local Coverage Determinations’’ Procedures Temporary Amendment Act of Protection Agency, transmitting, pursuant (RIN0938–AK60) received on October 31, 2003; 2003’’; to the Committee on Governmental to law, the report of a rule entitled ‘‘Com- to the Committee on Finance. Affairs. mon Rule on Governmentwide Debasement EC–5145. A communication from the Acting EC–5158. A communication from the Chair- and Suspension (Non-Procurement) and Gov- Assistant Secretary, Legislative Affairs, De- man of the Council of the District of Colum- ernment Requirements for Drug-Free Work- partment of State, transmitting, pursuant to bia, transmitting, pursuant to law, a report place’’ received on October 28, 2003; to the law, relative to nuclear nonproliferation in relative to D.C. Act 15–200, ‘‘Kivie Kaplan Committee on Environment and Public South Asia; to the Committee on Foreign Way Designation Act of 2003’’; to the Com- Works. Relations. mittee on Governmental Affairs. EC–5135. A communication from the Chair- EC–5146. A communication from the Chair- EC–5159. A communication from the Chair- man, Medicare Payment Advisory Commis- man, National Capital Planning Commis- man of the Council of the District of Colum- sion, transmitting, pursuant to law, a report sion, transmitting, the Commission’s 2004– bia, transmitting, pursuant to law, a report relative to updating Medicare’s payment 2009 Strategic Plan; to the Committee on relative to D.C. Act 15–198, ‘‘Draft Master rates for physician services; to the Com- Governmental Affairs. Plan for Public Reservation 13 Amendment mittee on Finance. EC–5147. A communication from the Audi- Act of 2003’’; to the Committee on Govern- EC–5136. A communication from the Regu- tor of the District of Columbia, transmit- mental Affairs. lations Officer, Social Security Administra- ting, a report relative to the Advisory Neigh- EC–5160. A communication from the Chair- tion, transmitting, pursuant to law, the re- borhood Commission; to the Committee on man of the Council of the District of Colum- port of a rule entitled ‘‘Availability of Infor- Governmental Affairs . bia, transmitting, pursuant to law, a report mation and Records to the Public’’ (RIN0690– EC–5148. A communication from the Audi- relative to D.C. Act 15–197, ‘‘Voluntary AF91) received on October 30, 2003; to the tor of the District of Columbia, transmit- Transfer of Leave Amendment Act of 2003’’; Committee on Finance. ting, a report relative to the People’s Coun- to the Committee on Governmental Affairs. EC–5137. A communication from the Acting sel Agency Fund for Fiscal Year 2002; to the EC–5161. A communication from the Chair- Chief, Publications and Regulations Branch, Committee on Governmental Affairs. man of the Council of the District of Colum- EC–5149. A communication from the Audi- Internal Revenue Service, transmitting, pur- bia, transmitting, pursuant to law, a report tor of the District of Columbia, transmit- suant to law, the report of a rule entitled relative to D.C. Act 15–196, ‘‘Identity Theft ting, a report relative to the People’s Coun- ‘‘Losses Claimed and Income to be Reported Amendment Act of 2003’’; to the Committee sel Agency Fund for Fiscal Year 2001; to the from Lease In/Lease Out Transactions’’ re- on Governmental Affairs. Committee on Governmental Affairs. EC–5162. A communication from the Chair- ceived on October 28, 2003; to the Committee EC–5150. A communication from the Audi- man of the Council of the District of Colum- on Finance. tor of the District of Columbia, transmit- bia, transmitting, pursuant to law, a report EC–5138. A communication from the Acting ting, a report entitled ‘‘Comparative Anal- relative to D.C. Act 15–185, ‘‘Public School Chief, Publications and Regulations Branch, ysis of Actual Cash Collections to Revised Enrollment Integrity Clarification Tem- Internal Revenue Service, transmitting, pur- Revenue Estimates Through the 3rd Quarter porary Amendment Act of 2003’’; to the Com- suant to law, the report of a rule entitled of Fiscal Year 2003’’; to the Committee on mittee on Governmental Affairs. ‘‘Universal Service Fund Reimbursements Governmental Affairs. EC–5163. A communication from the Chair- (Uniform Issue List Number: 61.40–01)’’ re- EC–5151. A communication from the Audi- man of the Council of the District of Colum- ceived on October 28, 2003; to the Committee tor of the District of Columbia, transmit- bia, transmitting, pursuant to law, a report on Finance. ting, a report relative to the Public Safety relative to D.C. Act 15–182, ‘‘Self Storage Act EC–5139. A communication from the Acting Call Center’s response to reports of a fire at of 2003’’; to the Committee on Governmental Chief, Publications and Regulations Branch, 1617 21st Street, NW.; to the Committee on Affairs. Internal Revenue Service, transmitting, pur- Governmental Affairs. EC–5164. A communication from the Chair- suant to law, the report of a rule entitled EC–5152. A communication from the Audi- man of the Council of the District of Colum- ‘‘No Portion of Bonds May be Used for tor of the District of Columbia, transmit- bia, transmitting, pursuant to law, a report Skyboxes, Airplanes, Gambling Establish- ting, a report relative to the District of Co- relative to D.C. Act 15–183, ‘‘Sexual Minority ments, Etc.’’ (Rev. Rule 2003–116) received on lumbia Public School System’s Fiscal Years Youth Assistance League Equitable Real October 28, 2003; to the Committee on Fi- 2001 and 2002 Cellular Telephone Service Ex- Property Tax Relief Temporary Act of 2003’’; nance. penditures; to the Committee on Govern- to the Committee on Governmental Affairs. EC–5140. A communication from the Acting mental Affairs. EC–5165. A communication from the Chair- Chief, Publications and Regulations Branch, EC–5153. A communication from the Direc- man of the Council of the District of Colum- Internal Revenue Service, transmitting, pur- tor, Strategic Human Resources Policy Divi- bia, transmitting, pursuant to law, a report suant to law, the report of a rule entitled sion, Office of Personnel Management, trans- relative to D.C. Act 15–184, ‘‘Expansion of the ‘‘September 11th Victim Compensation mitting, pursuant to law, the report of a rule Golden Triangle Business Improvement Dis- Fund’’ (Rev. Rule 2003–115) received on Octo- entitled ‘‘Federal Employees Group Life In- trict Temporary Amendment Act of 2003’’; to ber 28, 2003; to the Committee on Finance. surance Program: Removal of Premiums and the Committee on Governmental Affairs. EC–5141. A communication from the Assist- Age Bands from Regulation’’ (RIN3206–AJ46) EC–5166. A communication from the Chair- ant Secretary, Border and Transportation received on October 30, 2003; to the Com- man of the Council of the District of Colum- Security, Department of Homeland Security, mittee on Governmental Affairs. bia, transmitting, pursuant to law, a report transmitting, the Department’s Annual Re- EC–5154. A communication from the Direc- relative to D.C. Act 15–181, ‘‘Standard Valu- port of the Task Force on the Prohibition of tor, Center for Employee and Family Sup- ation and Nonforfeiture Amendment Act of Importation of Products of Forced or Prison port Policy, Office of Personnel Manage- 2003’’; to the Committee on Governmental Labor from the People’s Republic of China; ment, transmitting, pursuant to law, the re- Affairs. to the Committee on Finance. port of a rule entitled ‘‘Health Insurance EC–5167. A communication from the Chair, EC–5142. A communication from the Regu- Premium Conversion’’ (RIN3206–AJ34) re- Equal Opportunity Employment Commis- lations Coordinator, Centers for Medicare ceived on October 30, 2003; to the Committee sion, transmitting, pursuant to law, the Management, Department of Health and on Governmental Affairs. Commission’s Strategic Plan for Fiscal Human Services, transmitting, pursuant to EC–5155. A communication from the Direc- Years 2004–2009; to the Committee on Health, law, the report of a rule entitled ‘‘Medicare tor, Center for Employee and Family Sup- Education, Labor, and Pensions. Payment; Revisions to Payment Policies port Policy, Office of Personnel Manage- EC–5168. A communication from the Direc- Under the Physician Fee Schedule for Cal- ment, transmitting, pursuant to law, the re- tor, National Science Foundation, transmit- endar Year 2004’’ (RIN0938–AL96) received on port of a rule entitled ‘‘Federal Employees ting, pursuant to law, the Foundation’s Stra- October 31, 2003; to the Committee on Fi- Health Benefits Children’s Equity’’ received tegic Plan for Fiscal Years 2003–2008; to the nance. on October 30, 2003; to the Committee on Committee on Health, Education, Labor, and EC–5143. A communication from the Regu- Governmental Affairs. Pensions. lations Coordinator, Centers for Medicare EC–5156. A communication from the Direc- EC–5169. A communication from the Coun- Management, Department of Health and tor, Office of General Counsel and Legal Pol- sel for Legislation and Regulations, Office of Human Services, transmitting, pursuant to icy, Office of Government Ethics, transmit- Community Planning and Development, De- law, the report of a rule entitled ‘‘Medicare ting, pursuant to law, the report of a rule en- partment of Housing and Urban Develop- Program, Changes to the Hospital Out- titled ‘‘Executive Branch Financial Disclo- ment, transmitting, pursuant to law, the re- patient Prospective Payment System and sure, Qualified Trusts, and Certificates of Di- port of a rule entitled ‘‘Environmental Re- Calendar Year 2004 Payment Rates’’ vestiture; Financial Disclosure Require- view Procedures for Entities Assuming (RIN0938–AL19) received on October 31, 2003; ments for Interests in Revocable Inter Vivos HUD’s Environmental Responsibilities’’ to the Committee on Finance. Trusts’’ (RIN3209–AA00) received on October (RIN2501–AC83) received on EC–5144. A communication from the Regu- 28, 2003; to the Committee on Governmental EC–5170. A communication from the Assist- lations Coordinator, Centers for Medicare Affairs. ant Secretary of Labor, Employment and

VerDate jul 14 2003 05:05 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.114 S06PT1 S14176 CONGRESSIONAL RECORD — SENATE November 6, 2003 Training Administration, Department of sion Control, Drug Enforcement Administra- Janice R. Brown, of California, to be Labor, transmitting, pursuant to law, the re- tion, transmitting, pursuant to law, the re- United States Circuit Judge for the District port of a rule entitled ‘‘Unemployment Com- port of a rule entitled ‘‘Implementation of of Columbia Circuit. pensation—Trust Find Integrity Rule: Birth the Methamphetamine Anti Proliferation D. Michael Fisher, of Pennsylvania, to be and Adoption Unemployment Compensation; Act’’ (RIN1117–AA69) received on October 30, United States Circuit Judge for the Third Removal of Restrictions’’ (RIN1205–AB33) re- 2003; to the Committee on the Judiciary. Circuit. ceived on October 30, 2003; to the Committee EC–5182. A communication from the Assist- Mark R. Filip, of Illinois, to be United on Health, Education, Labor, and Pensions. ant Attorney General for Administration, States District Judge for the Northern Dis- EC–5171. A communication from the Sec- Justice Management Division, Department trict of Illinois. retary of Health and Human Services, trans- of Justice, transmitting, pursuant to law, (Nominations without an asterisk mitting, pursuant to law, a report relative to the report of a rule entitled ‘‘Exemption Two victims of sexual assault; to the Committee were reported with the recommenda- Privacy Act Systems of Records of the Civil tion that they be confirmed.) on Health, Education, Labor, and Pensions. Rights Division from Certain Subsections of EC–5172. A communication from the Regu- the Privacy Act: Central Civil Rights Divi- f lations Coordinator, Food and Drug Adminis- sion Index File and Associated Records, tration, Department of Health and Human INTRODUCTION OF BILLS AND CRT–001; and Files on Employment Civil JOINT RESOLUTIONS Services, transmitting, pursuant to law, the Rights Matters Referred by the Equal Em- report of a rule entitled ‘‘Control of Commu- ployment Opportunity Commission, CRT– The following bills and joint resolu- nicable Diseases; Restrictions on African Ro- 007’’ received on October 29, 2003; to the Com- tions were introduced, read the first dents, Prairie Dogs, and Certain Other Ani- mittee on the Judiciary. mals’’ (RIN9010–ZA21) received on November and second times by unanimous con- 3, 2003; to the Committee on Health, Edu- f sent, and referred as indicated: cation, Labor, and Pensions. By Mr. BINGAMAN: EC–5173. A communication from the Regu- REPORTS OF COMMITTEES S. 1829. A bill to amend the Child Nutrition lations Coordinator, Centers for Disease Con- The following reports of committees Act of 1966 and the Richard B. Russell Na- trol and Prevention, Department of Health were submitted: tional School Lunch Act to improve the nu- and Human Services, transmitting, pursuant trition and health of children in the United By Mr. GREGG, from the Committee on to law, the report of a rule entitled ‘‘Posses- States; to the Committee on Agriculture, Health, Education, Labor, and Pensions, sion, Use, and Transfer of Select Agents and Nutrition, and Forestry. with an amendment in the nature of a sub- Toxins’’ (RIN0920–AA09) received on Novem- By Mr. BROWNBACK: stitute: ber 3, 2003; to the Committee on Health, Edu- S. 1830. A bill to authorize appropriations S. 286. A bill to revise and extend the Birth cation, Labor, and Pensions. for fiscal years 2004 and 2005 for the Traf- Defects Prevention Act of 1998 (Rept. No. EC–5174. A communication from the Asso- ficking Victims Protection Act of 2000, and 108–188). ciate General Counsel for General Law, Pat- for other purposes; to the Committee on For- S. 648. A bill to amend the Public Health ent and Trademark Office, Department of eign Relations. Service Act with respect to health profes- Commerce, transmitting, pursuant to law, By Mr. SMITH (for himself and Mr. sions programs regarding the practice of the report of a rule entitled ‘‘January 2004 LAUTENBERG): Revision of Patent Cooperation Treaty Ap- pharmacy (Rept. No. 108–189). S. 1831. A bill to amend the Internal Rev- plication Procedure’’ (RIN–651–AB61) re- By Mr. INHOFE, from the Committee on enue Code of 1986 to expand income aver- ceived on November 4, 2003; to the Com- Environment and Public Works, with an aging to include the trade or business of fish- mittee on the Judiciary. amendment in the nature of a substitute: ing; to the Committee on Finance. EC–5175. A communication from the Direc- S. 1043. A bill to provide for the security of By Mr. DASCHLE: tor, Regulations and Forms Services, Citi- commercial nuclear power plants and facili- S. 1832. A bill to entitle the Senator Paul zenship and Immigration Services, transmit- ties designated by the Nuclear Regulatory Wellstone Mental Health Equitable Treat- ting, pursuant to law, the report of a rule en- Commission (Rept. No. 108–190). ment Act of 2003; read the first time. titled ‘‘Adding and Removing Institutions to By Mr. HATCH, from the Committee on By Mr. DASCHLE (for himself, Mr. and From the List of Recognized American the Judiciary, with an amendment in the na- KENNEDY, Mr. BINGAMAN, Mr. AKAKA, Institutions of Research’’ (RIN1615–AA72) re- ture of a substitute: Mrs. CLINTON, Mr. CORZINE, Mr. ceived on October 29, 2003; to the Committee H.R. 1086. A bill to encourage the develop- DODD, Mr. DURBIN, Mr. EDWARDS, Mr. on the Judiciary. ment and promulgation of voluntary con- INOUYE, Mr. KERRY, Mr. LAUTENBERG, EC–5176. A communication from the Dep- sensus standards by providing relief under Mr. LIEBERMAN, Ms. MIKULSKI, Mrs. uty Assistant Administrator, Office of Diver- the antitrust laws to standards development MURRAY, and Mr. SCHUMER): sion Control, Drug Enforcement Administra- organizations with respect to conduct en- tion, transmitting, pursuant to law, the re- S. 1833. A bill to improve the health of mi- gaged in for the purpose of developing vol- nority individuals; to the Committee on port of a rule entitled ‘‘Controlled Sub- untary consensus standards, and for other stances Registration and Reregistration Ap- Health, Education, Labor, and Pensions. purposes. By Ms. STABENOW: plication Fees’’ (RIN1117–AA70) received on S. 710. A bill to amend the Immigration October 30, 2003; to the Committee on the Ju- S. 1834. A bill to waive time limitations in and Nationality Act to provide that aliens order to allow the Medal of Honor to be diciary. who commit acts of torture, extrajudicial EC–5177. A communication from the Na- awarded to Gary Lee McKiddy, of killings, or other specified atrocities abroad Miamisburg, Ohio, for acts of valor while a tional Service Officer, American Gold Star are inadmissible and removable and to estab- Mothers, Inc., transmitting, pursuant to law, helicopter crew chief and door gunner with lish within the Criminal Division of the De- the 1st Cavalry Division during the Vietnam the annual CPA Audit Report of the Amer- partment of Justice an Office of Special In- ican Gold Star Mothers, Inc.; to the Com- War; to the Committee on Armed Services. vestigations having responsibilities under By Mr. HATCH (for himself and Mr. mittee on the Judiciary. that Act with respect to all alien partici- EC–5178. A communication from the Asso- LEAHY): pants in war crimes, genocide, and the com- ciate Librarian of Congress and Register of S. 1835. A bill to extend the effective period mission of acts of torture and extrajudicial Copyrights and the Under Secretary of Com- of the Undetectable Firearms Act of 1988 (18 killings abroad. merce for Intellectual Property and Director U.S.C. 922 note) for 10 years; to the Com- S. 1685. A bill to extend and expand the of the United States Patent and Trademark mittee on the Judiciary. basic pilot program for employment Office, transmitting, pursuant to law, a re- By Mr. GRAHAM of South Carolina eligiblity verification, and for other pur- port relative to the Vessel Hull Design Pro- (for himself, Mr. CORNYN, and Mr. poses. tection Act; to the Committee on the Judici- GRASSLEY): By Mr. HATCH, from the Committee on ary. S. 1836. A bill to amend chapter 85 of title EC–5179. A communication from the Chief the Judiciary, without amendment and with 28, United States Code, to provide for greater Justice, Supreme Court of the United States, a preamble: fairness in legal fees payable in civil diver- transmitting, a report relative to the pro- S. Con. Res. 77. A concurrent resolution ex- sity litigation after an offer of settlement; to ceedings of the Judicial Conference of the pressing the sense of Congress supporting the Committee on the Judiciary. United States; to the Committee on the Ju- vigorous enforcement of the Federal obscen- By Mr. GRASSLEY: diciary. ity laws. S. 1837. A bill to combat money laundering EC–5180. A communication from the Assist- f and terrorist financing and for other pur- ant Attorney General, Office of Legislative poses; to the Committee on the Judiciary. Affairs, Department of Justice, transmit- EXECUTIVE REPORTS OF By Mr. DASCHLE (for Mr. KERRY): ting, pursuant to law, a report relative to COMMITTEES S. 1838. A bill to require payments to State and local governments for infrastructure and the Department’s activities in relation to The following executive reports of the Equal Credit Opportunity Act; to the social services needs in the same amount as Committee on the Judiciary. committees were submitted: the amount of relief and reconstruction EC–5181. A communication from the Dep- By Mr. HATCH for the Committee on the funds provided to Iraq; to the Committee on uty Assistant Administrator, Office of Diver- Judiciary. Finance.

VerDate jul 14 2003 05:05 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.116 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14177 SUBMISSION OF CONCURRENT AND setts (Mr. KENNEDY), the Senator from AMENDMENT NO. 2080 SENATE RESOLUTIONS Massachusetts (Mr. KERRY), the Sen- At the request of Ms. COLLINS, her The following concurrent resolutions ator from New York (Mrs. CLINTON), name was added as a cosponsor of and Senate resolutions were read, and the Senator from New Jersey (Mr. amendment No. 2080 proposed to H.R. referred (or acted upon), as indicated: CORZINE) and the Senator from Con- 2673, a bill making appropriations for Agriculture, Rural Development, Food By Mr. DURBIN (for himself and Mr. necticut (Mr. LIEBERMAN) were added MCCAIN): as cosponsors of S. 1513, a bill to amend and Drug Administration, and Related S. Res. 260. A resolution expressing the the National Labor Relations Act to Agencies for the fiscal year ending Sep- sense of the Senate that the Secretary of establish an efficient system to enable tember 30, 2004, and for other purposes. Health and Human Services should take ac- employees to form or become members AMENDMENT NO. 2110 tion to remove dietary supplements con- of labor organizations, and for other At the request of Mr. SCHUMER, the taining ephedrine alkaloids from the mar- purposes. name of the Senator from Maine (Ms. ket; to the Committee on Health, Education, COLLINS) was added as a cosponsor of Labor, and Pensions. S. 1531 By Mr. FRIST (for himself and Mr. At the request of Mr. HATCH, the amendment No. 2110 proposed to H.R. DASCHLE): name of the Senator from South Da- 2673, a bill making appropriations for S. Res. 261. A resolution to authorize testi- kota (Mr. DASCHLE) was added as a co- Agriculture, Rural Development, Food mony, document production, and legal rep- sponsor of S. 1531, a bill to require the and Drug Administration, and Related resentation in the State of Colorado v. Dan- Secretary of the Treasury to mint Agencies for the fiscal year ending Sep- iel Raphael Egger, Sarah Jane Geraldi, Jen- tember 30, 2004, and for other purposes. nifer Melissa Greenberg, Lisa Gale Kunkel, coins in commemoration of Chief Jus- Bonnie Catherine McCormick; considered tice John Marshall. f and agreed to. S. 1645 STATEMENTS ON INTRODUCED By Ms. SNOWE (for herself, Mrs. DOLE, At the request of Mr. CRAIG, the BILLS AND JOINT RESOLUTIONS Mr. BAUCUS, Mr. GRAHAM of South names of the Senator from Mississippi Carolina, and Mr. BAYH): By Mr. DASCHLE (for himself, S. Res. 262. A resolution to encourage the (Mr. LOTT) and the Senator from Iowa Mr. KENNEDY, Mr. BINGAMAN, Secretary of the Treasury to initiate expe- (Mr. HARKIN) were added as cosponsors Mr. AKAKA, Mrs. CLINTON, Mr. dited negotiations with the People’s Repub- of S. 1645, a bill to provide for the ad- CORZINE, Mr. DODD, Mr. DURBIN, lic of China on establishing a market-based justment of status of certain foreign Mr. EDWARDS, Mr. INOUYE, Mr. currency valuation and to fulfill its commit- agricultural workers, to amend the Im- KERRY, Mr. LAUTENBERG, Mr. ments under international trade agreements; migration and Nationality Act to re- to the Committee on Finance. LIEBERMAN, Ms. MIKULSKI, Mrs. form the H–2A worker program under MURRAY, and Mr. SCHUMER): f that Act, to provide a stable, legal ag- S. 1833. A bill to improve the health ADDITIONAL COSPONSORS ricultural workforce, to extend basic of minority individuals; to the Com- legal protections and better working S. 473 mittee on Health, Education, Labor, conditions to more workers, and for At the request of Mr. FEINGOLD, the and Pensions. other purposes. name of the Senator from Oregon (Mr. Mr. KENNEDY. Mr. President, 40 WYDEN) was added as a cosponsor of S. S. 1679 years ago, the famous and inspirational 473, a bill to amend the Federal Water At the request of Mr. BUNNING, the civil rights activist Fannie Lou Hamer Pollution Control Act to clarify the ju- name of the Senator from Georgia (Mr. rallied the Nation with her statement risdiction of the United States over wa- CHAMBLISS) was added as a cosponsor of ‘‘I am sick and tired of being sick and ters of the United States. S. 1679, a bill to amend the Internal tired.’’ Her words still resonate with millions of Americans today. Whether S. 491 Revenue Code of 1986 to reduce the de- we are talking about African Ameri- At the request of Mr. REID, the name preciation recovery period for roof sys- of the Senator from South Dakota (Mr. tems. cans, Latinos, Asian Americans or American Indians, the fact is that mi- DASCHLE) was added as a cosponsor of S. 1685 norities continue to live sicker and die S. 491, a bill to expand research regard- At the request of Mr. GRASSLEY, the ing inflammatory bowel disease, and name of the Senator from Massachu- younger in America. We know that Af- rican Americans are one-third more for other purposes. setts (Mr. KENNEDY) was added as a co- likely than all other Americans to die S. 585 sponsor of S. 1685, a bill to extend and from cancer. They have the highest At the request of Mr. NELSON of Flor- expand the basic pilot program for em- rate of hypertension in the world. ida, the name of the Senator from Lou- ployment eligiblity verification, and Latinos have the least insurance, with isiana (Ms. LANDRIEU) was added as a for other purposes. one in three having no coverage at all. cosponsor of S. 585, a bill to amend S. 1707 American Indian tribes struggle with title 10, United States Code, to repeal At the request of Ms. STABENOW, the what can only be called epidemics of the requirement for reduction of SBP name of the Senator from Nevada (Mr. diabetes, with rates near 50 percent in survivor annuities by dependency and REID) was added as a cosponsor of S. certain tribes. The tremendous gains indemnity compensation. 1707, a bill to amend title 39, United that we have witnessed in science and S. 698 States Code, to provide for free mailing medicine have benefited millions of our At the request of Mr. BUNNING, the privileges for personal correspondence citizens, but too often they are out of name of the Senator from Georgia (Mr. and certain parcels sent from within reach for minorities. CHAMBLISS) was added as a cosponsor of the United States to members of the It is a privilege to join my colleagues S. 698, a bill to clarify the status of the Armed Forces serving on active duty to introduce the Healthcare Equality Young Men’s Christian Association Re- abroad who are engaged in military op- and Accountability Act. Our goal is to tirement Fund for purposes of the In- erations involving armed conflict produce major improvements in all as- ternal Revenue Code of 1986. against a hostile foreign force, and for pects of minority health care. It ex- S. 875 other purposes. pands health insurance coverage. It At the request of Mr. KERRY, the S. 1818 supports better access to services that name of the Senator from Washington At the request of Mr. GRAHAM of are culturally and linguistically appro- (Mrs. MURRAY) was added as a cospon- South Carolina, the name of the Sen- priate. It strengthens the safety-net. It sor of S. 875, a bill to amend the Inter- ator from Georgia (Mr. CHAMBLISS) was promotes the development of new and nal Revenue Code of 1986 to allow an added as a cosponsor of S. 1818, a bill to better ways to treat diseases that dis- income tax credit for the provision of provide grants to law enforcement proportionately affect minorities. homeownership and community devel- agencies that ensure that law enforce- It also increases the diversity of the opment, and for other purposes. ment officers employed by such agency health care workforce. Many studies S. 1513 are afforded due process when involved show that minority health profes- At the request of Mr. SCHUMER, the in a case that may lead to dismissal, sionals dramatically increase access to names of the Senator from Massachu- demotion, suspension, or transfer. care and the delivery of good care to

VerDate jul 14 2003 05:05 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.102 S06PT1 S14178 CONGRESSIONAL RECORD — SENATE November 6, 2003 minority patients. Despite their impor- of valor while a helicopter crew chief McKiddy’s behalf. The bill that I am tance, however, the percentage of mi- and door gunner with the 1st Cavalry introducing today waives the time nority health professionals is Division during the Vietnam War; to limit on the application and requests shockingly low. African Americans, the Committee on Armed Services. that the President award Sergeant Latinos and American Indians account Ms. STABENOW. Mr. President, McKiddy the Medal of Honor. for almost 25 percent of the Nation’s today I rise to introduce a bill that With Veteran’s Day quickly ap- population—but they account for less would waive rigid time limitations in proaching, I think this is a very fitting than 10 percent of the Nation’s doctors, order to allow the Medal of Honor to be way to honor not only Sergeant less than 5 percent of dentists, and awarded to Gary Lee McKiddy, of McKiddy, but all of those men and only 12 percent of nurses. Miamisburg, OH, for acts of valor while women who have given their lives for Our bill will increase the number of a helicopter crew chief and door gunner our country. minority health professionals by ex- with the 1st Cavalry Division during I ask unanimous consent that the panding existing pipeline programs and the Vietnam War. There is a com- text of the bill be printed in the developing new ones. It also provides panion bill in the House of Representa- RECORD. additional scholarship support to en- tives, H.R. 369, which was introduced There being no objection, the bill was able more minority and low-income by Representative SANDER LEVIN and is ordered to be printed in the RECORD, as students to make their careers in cosponsored by a bipartisan group of follows: health care. forty-three Members of Congress. S. 1834 Another critical need addressed by I think it is important that my col- Be it enacted by the Senate and House of Rep- this bill is accountability. It holds leagues hear the heroic story of Ser- resentatives of the United States of America in Congress assembled, health care agencies and institutions, geant Gary Lee McKiddy. Sergeant SECTION 1. AUTHORITY TO AWARD MEDAL OF public and private, accountable for the McKiddy served with the 1st Cavalry HONOR TO GARY LEE MCKIDDY FOR care delivered to their minority popu- Division in Vietnam. He was a heli- VALOR DURING THE VIETNAM WAR. lations as well as their health out- copter crew chief and a door gunner. (a) WAIVER OF TIME LIMITATIONS.—Not- comes. It reauthorizes the Office of Mi- On May 6, 1970, Sergeant McKiddy’s withstanding the time limitations in section nority Health, increases the effective- helicopter came under enemy fire and 3744(b) of title 10, United States Code, or any ness of the Office for Civil Rights and received several damaging blows, caus- other time limitation, the President is au- thorized and requested to award the Medal of establishes a new Office for Health Dis- ing the helicopter to crash and start Honor under section 3741 of such title to parities within the Office for Civil burning. Through investigations, the Gary Lee McKiddy, of Miamisburg, Ohio, for Rights. It also establishes compliance Army arrived at the conclusion that the acts of valor referred to in subsection (b). offices in each of the Federal agencies, Sergeant McKiddy was thrown free of (b) ACTION DESCRIBED.—The acts of valor to ensure that the policies, programs the helicopter and was out of harm’s referred to in subsection (a) are the con- and practices of each agency are in way, but bravely returned to the burn- spicuous acts of gallantry and intrepidity at compliance with title VI of the Civil ing helicopter and found Specialist the risk of his life and beyond the call of Four James Skaggs, who was uncon- duty of Gary Lee McKiddy, between October Rights Act, which prohibits discrimi- 25, 1969, and May 6, 1970, and particularly on nation based on race, ethnicity or na- scious, and carried him to safety. Ser- May 6, 1970, the day he died during a combat tional origin. geant McKiddy then returned to the operation in Cambodia while serving as a We can’t just talk about racial and wreckage to help rescue the pilot, War- Specialist Four in the 1st Cavalry Division of ethnic health disparities. We have to rant Officer Tommy Whiddon, when the the United States Army. do more to eliminate them. All Ameri- aircraft’s fuel cells exploded, killing (c) POSTHUMOUS AWARD.—The Medal of cans deserve fair and equitable treat- Warrant Officer Whiddon and Sergeant Honor may be awarded under this section McKiddy. posthumously as provided in section 3752 of ment in health care. The administra- title 10, United States Code. tion has said time and time again that I think we all can agree that this is it is committed to improving minority an incredible story of bravery, honor, By Mr. HATCH (for himself and health. But, the President’s own budg- and selflessness. Specialist Four Mr. LEAHY): et eliminated all funds for workforce Skaggs wrote in a letter, ‘‘Gary S. 1835. A bill to extend the effective diversity training programs, and all McKiddy was awarded the Silver Star period of the Undetectable Firearms funds for the Community Access Pro- for these acts of heroism but not the Act of 1988 (18 U.S.C. 922 note) for 10 gram, despite the overwhelming evi- Medal of Honor because there were no years; to the Committee on the Judici- dence that minority health providers witnesses. I don’t understand how he ary. and community health centers dra- could be awarded the Silver Star based Mr. HATCH. Mr. President, I rise matically improve access to care and on this information but no the Medal today to introduce, along with my col- quality of care for minority popu- of Honor. There has never been any league Senator PATRICK LEAHY, and lations. The President’s budget also re- doubt in my mind about what happened Ranking Democrat Member of the Ju- duced funds for the Office of Minority that day. I am totally convinced Gary diciary Committee, legislation to reau- Health, and it has made the Office for McKiddy earned and deserves the thorize the Undetectable Firearms Act. Civil Rights virtually powerless to Medal of Honor.’’ I want to thank Senator LEAHY for carry out its mission. Sergeant McKiddy’s brother, Rick, joining with me in introducing this bill Vast numbers of minority Americans lives in Warren, MI. Rick McKiddy, and for his cooperation in working to- are needlessly suffering because of ad- other family members, and Specialist gether on this important issue. ministration’s neglect. We cannot turn Four Skaggs have been fighting for This reauthorization will extend the our back on the needs of nearly one- Sergeant McKiddy’s Medal of Honor for existing ban on the manufacture, sale, third of the Nation’s population. 20 years to no avail. They’ve contacted importation, shipping, possession, Whether we are talking about health countless persons at the Pentagon and transfer, or receipt of firearms that insurance, language access, disease pre- have taken their case to anyone who could not be detected by a metal detec- vention, or public hospitals and com- will listen. They’ve exhausted their re- tor or x-ray machine. Everyone in this munity health centers, the need is sources. I think that Sergeant Chamber knows how deeply I care for great and the time is now. I urge my McKiddy deserves a second chance. It the Second Amendment and the indi- colleagues to support this bill, so that is time for Congress to act. vidual’s right to own and bear arms. I we do what is so clearly needed to im- As we all know, the Medal of Honor want everyone to understand that this prove the health and health care for is defined as ‘‘the highest award for ban does not ban a single firearm in millions of minority Americans. valor in action against an enemy force production today. It prevents any indi- which can be bestowed upon an indi- vidual or company from creating an By Ms. STABENOW: vidual serving in the Armed Services of undetectable firearm. S. 1834. A bill to waive time limita- the United States.’’ Unfortunately, the I urge my colleagues to support the tions in order to allow the Medal of time limit for the application for the measure. Honor to be awarded to Gary Lee Medal of Honor ran out before an appli- Mr. LEAHY. Mr. President, I am McKiddy, of Miamisburg, Ohio, for acts cation was submitted on Sergeant pleased to join with Senator HATCH to

VerDate jul 14 2003 06:56 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.104 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14179 introduce legislation to extend the No matter how the funds are ob- (At the request of Mr. DASCHLE, the Undetectable Firearms Act for ten tained and ultimately used, they are following statement was ordered to be years. I appreciate working with the still dirty, and if we are ever going to printed in the RECORD.) Chairman of the Judiciary Committee get ahead of the curve, we must design ∑ Mr. KERRY. Mr. President, rebuild- and thank him for his leadership on a better way to identify and halt this ing Iraq is critical to peace and sta- this legislation. flow of illegal funds. The bill I am in- bility in the Mideast and to help win The Undetectable Firearms Act be- troducing today includes several provi- the war on terrorism. Today, American came law in 1988, long before the tragic sions that will strengthen our current families and American cities are also attacks on our country on September money laundering and terrorist financ- hurting and I believe they deserve the 11, 2001. The Undetectable Firearms ing laws to enhance our ability to iden- same assistance we are providing for Act also known as the ‘‘plastic gun tify and eliminate various avenues families and cities in Iraq. While keep- law’’ made it illegal to manufacture, used to launder money, whether it be ing our commitments abroad, we must import, possess, or transfer a firearm for drug traffickers, criminal organiza- not neglect our homeland. that is not detectable by walk-through tions or terrorists. Today, President Bush signed into law an $87 billion supplemental appro- metal detectors or airport x-ray ma- This bill adds several provisions to chines. This law has been extended priations bill that includes $20.3 billion the list of specified unlawful activities for reconstructing Iraq and to assist once, and is due to expire on December within the RICO statute that serve as 10, 2003. Iraqi families. I opposed this legisla- predicates for the money laundering tion because I do not believe this plan It is critical that this bill does not statute including: burglary and embez- expire at the end of this year. Over the is the most effective way to protect zlement, illegal money transmitting American soldiers and to advance our past two years, Congress has done tre- businesses, alien smuggling, child ex- mendous work to make America a safer interests. Providing assistance to help ploitation and obscenity. It would close rebuild Iraq is the right thing to do; place and prevent any more terrorist a loophole on securities fraud by in- however, we must also provide equal attacks. We need to act today to en- cluding the purchase of securities with consideration and equal funding to re- sure that Americans are not needlessly the sale of securities as a money laun- solve America’s domestic problems. vulnerable to attacks at airports, dering offense, and adds the unlawful That is why I am introducing the schools, and other public buildings. use of Social Security numbers to the American Parity Act to ensure that I urge all my colleagues to support list of money laundering offenses. any additional spending for Iraq’s post- this legislation to extend the It adds a provision to the civil for- war reconstruction plan is balanced Undetectable Firearms Act for the next feiture statute to include the forfeiture dollar-for-dollar with new investments ten years. of property outside the U.S. territorial in education, health care, transpor- By Mr. GRASSLEY: boundaries if it was used in the plan- tation, housing, social services and S. 1837. A bill to combat money laun- ning of the terrorist act that occurred public safety needs across the United dering and terrorist financing and for within the jurisdiction of the United States. other purposes; to the Committee on States and includes a parallel trans- President Bush’s economic approach the Judiciary. action provision which provides that has left State and city governments Mr. GRASSLEY. Mr. President, I rise all parts of a parallel or dependent fi- facing billions in budget deficits forced to speak in support of a bill that I am nancial transaction are considered a lay offs, education cuts, Medicaid cuts, introducing today, the Combating money laundering offense if one part of reductions in critical social service Money Laundering and Terrorist Fi- that transaction involves the proceeds programs and tax increases. State and city governments need our nancing Act of 2003. of an unlawful activity. help to protect their public services, Money laundering is a significant Our best response to money laun- rebuild America’s roads and bridges, threat to our country because it under- dering and terrorist financing threats and ensure resources are available to mines our national security, promotes is a comprehensive and coordinated re- help unemployed and impoverished corruption and funds terrorism. Money sponse which must be laid out in an ef- Americans. My legislation will author- laundering operations as a whole in- fective strategy. This bill also reau- ize payments to States and cities to as- clude such mechanisms as structured thorizes the National Money Laun- sist them with their social service and transactions, wire fraud, over- and dering and Financial Crimes Strategy Act through 2006. This yearly strategy infrastructure needs in the same under-invoicing, and other activities amount as provided for relief and re- designed to defraud and hide profits must identify the risks and threats we face. Without a comprehensive strat- construction in Iraq. Local govern- from illegal activities. All of these ments will receive at least one-third of transactions undermine legitimate fi- egy, we cannot begin to implement laws and regulations that will effec- the total funds authorized. nancial institutions by promoting cor- These funds will be used to help tively combat money laundering ruption, funding criminal and terrorist America’s children, seniors, and strug- sources and shut down the system as a operations, and by providing a method gling families who depend upon afford- whole. Only when we have a systematic of profiting from illegal transactions able health care, quality education and approach to money laundering will we such as drug trafficking and weapons public transportation programs that be able to avoid the duplication and in- sales. are facing massive cuts in order to bal- consistencies that currently plague our We know that money laundering is ance state and local budgets across the efforts. the functional equivalent of a war in- Nation. These funds will assist in the dustry for terrorist groups. Terrorist This legislation is important to iden- development of our economy and cre- groups do not function in a bubble but tifying particular money laundering ate jobs. will use whatever means available to operations and putting them out of Health insurance has become too ex- obtain funding for their cause. Our at- business. I encourage you to pass this pensive. Double-digit increases in tention and rhetoric are focused on legislation to ensure our national secu- health care premiums make it hard for identifying and halting those mecha- rity against the continued threat posed Americans and businesses alike to af- nisms used specifically by terrorist or- by terrorist financing and financial ford health care. Today, more than 44 ganizations such as charitable organi- crimes. million Americans have no health in- zations, money service businesses and surance. More than ever, these Ameri- alternative remittance systems which By Mr. DASCHLE (for Mr. cans need access to Medicaid and other are often referred to as hawalas. KERRY): health care programs that help with Frankly, the tools used to launder and S. 1838. A bill to require payments to the high cost of prescription drugs. disguise funds for terrorist organiza- State and local governments for infra- However, many of these programs are tions are similar, and quite often iden- structure and social services needs in endangered by state and local budget tical to, those used by many drug traf- the same amount as the amount of re- cuts. The American Parity Act will fickers and criminal organizations to lief and reconstruction funds provided help State and local governments con- clean their own dirty money. to Iraq; to the Committee on Finance. tinue to provide health care assistance.

VerDate jul 14 2003 05:05 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\G06NO6.157 S06PT1 S14180 CONGRESSIONAL RECORD — SENATE November 6, 2003 In our changing global economy, State and local governments to help prevent SUBMITTED RESOLUTIONS every American needs access to quality those governments from taking budget-re- schools and advanced skills to succeed lated actions which undermine the Federal in our rapidly changing economy. In Government efforts to stimulate economic SENATE RESOLUTION 260—EX- recovery. PRESSING THE SENSE OF THE order for our American business to (9) State and local governments deserve, at grow, we need workers to be more inno- SENATE THAT THE SECRETARY a minimum, the same level of Federal in- OF HEALTH AND HUMAN SERV- vative and more productive than those vestment to address infrastructure and so- of our competitors. My legislation will cial services shortfalls as the amount of re- ICES SHOULD TAKE ACTION TO help cities provide additional resources lief and reconstruction funds provided to REMOVE DIETARY SUPPLE- to improve educational programs, mod- Iraq. MENTS CONTAINING EPHEDRINE ernize and rebuild crumbling schools, SEC. 2. FINANCIAL ASSISTANCE AUTHORIZED. ALKALOIDS FROM THE MARKET reduce class size, improve special edu- (a) PAYMENTS TO STATE AND LOCAL GOV- Mr. DURBIN (for himself and Mr. cation and help pay teachers. ERNMENTS.—The Secretary of the Treasury MCCAIN) submitted the following reso- Our Nation is facing an affordable shall, in accordance with the provisions of lution; which was referred to the Com- housing crisis. Recent changes in the this Act, make payments to States and local mittee on Health, Education, Labor, housing market have limited the avail- governments to coordinate budget-related and Pensions: actions by such governments with Federal ability of affordable rental housing Government efforts to stimulate economic S. RES. 260 across the country and have dramati- recovery. Whereas, a RAND Corporation study com- cally increased the cost of those that (b) AUTHORIZATION OF APPROPRIATION.— missioned by the Department of Health and remain. In 2001, more than 14 million There is authorized to be appropriated to the Human Services found no evidence for long- families spent over half of their income Secretary of the Treasury for fiscal year 2003 term efficacy of ephedrine alkaloids for on housing. This bill will provide fund- for payments under this Act an amount weight loss and that there is no credible ing so that states and cities produce equal to at least the total amount appro- science showing that ephedrine or dietary priated for fiscal year 2003 under the heading supplements containing ephedrine alkaloids, housing for working families. as those products are used by the general We must show the same commitment ‘‘Iraq Relief and Reconstruction Fund’’ in the Emergency Wartime Supplemental Ap- population, improve athletic performance; to rebuilding Main Street as we have propriations Act, 2003, and any amounts ap- Whereas ephedrine alkaloids can— shown in rebuilding Iraq. American propriated for such Fund in any subsequent (1) increase heart rate and blood pressure; citizens deserve access to the same appropriation Act. Such amounts shall be in (2) stimulate the central nervous system; benefits and services we are so nobly addition to, and not in lieu of, other and providing to the people of Iraq. The amounts appropriated for payments to (3) lead to strokes, seizures, psychosis, car- American Parity Act will help States States and local governments. diac arrhythmia, heart attacks, and deaths; Whereas the Food and Drug Administra- and cities cope with their current fiscal (c) AVAILABILITY TO LOCAL GOVERNMENTS.— Not less than one-third of the amount appro- tion has received approximately 16,500 ad- crisis and help ease potential cuts in verse events reports for consumers who have programs critical to the most vulner- priated pursuant to the authorization in sub- section (b) shall be made available to local used dietary supplements containing ephed- able in our Nation. governments under the applicable laws of a rine alkaloids, including approximately 155 I ask unanimous consent that the given State. reports of death; text of the bill be printed in the Whereas the Inspector General of the De- SEC. 3. ALLOCATION. partment of Health and Human Services has RECORD. The Secretary of the Treasury shall estab- There being no objection, the bill was noted with concern that about 60 percent of lish a formula, within 30 days after the date persons suffering adverse events related to order to be printed in the RECORD, as of the enactment of this Act, for determining the use of dietary supplements containing follows: the allocation of payments under this Act. ephedrine alkaloids are under the age of 40; S. 1838 The formula shall give priority weight to the Whereas a study published in the Journal Be it enacted by the Senate and House of Rep- following factors: of Neurology found that there may be an as- resentatives of the United States of America in (1) The unemployment rate in relation to sociation between the use of more than 32 Congress assembled, the national average unemployment rate. milligrams per day of ephedra and an in- SECTION 1. FINDINGS. (2) The duration of the unemployment rate creased risk of hemorragic stroke, but the The Congress finds the following: above such average. daily dose recommended by the dietary sup- (1) The President has proposed a multibil- (3) Median income. plement industry is about 3 times that lion dollar reconstruction project for Iraq. (4) Population. much; (2) The President’s plan includes resources (5) The poverty rate. Whereas a study published in Mayo Clin- to rebuild potable water and wastewater SEC. 4. USE OF FUNDS BY STATE AND LOCAL ical Proceedings found that in 36 out of 37 se- treatment facilities; schools and health fa- GOVERNMENTS. rious cardiovascular events associated with cilities; ports and airports; the electric (a) IN GENERAL.—Funds received under this ephedrine alkaloids examined, the patient power system, roads, and bridges; railroad Act may be used only for priority expendi- had consumed doses of a dietary supplement infrastructure; solid waste management tures. For purposes of this Act, the term containing ephedrine alkaloids at or below services; irrigation systems; and selected ‘‘priority expenditures’’ means only— the dose recommended by the manufacturer; local government buildings. (1) ordinary and necessary maintenance Whereas a study commissioned by the (3) State and local governments in the and operating expenses for— Food and Drug Administration to review re- United States have their own unmet infra- (A) primary, secondary, or higher edu- ports of ephedrine alkaloid-related adverse structure and social services needs. cation, including school building renovation; events (including serious adverse events such (4) State and local governments represent (B) public safety; as seizures, strokes, and death), which re- a significant segment of the national econ- (C) public health, including hospitals and sulted in publication in the New England omy whose economic health is essential to public health laboratories; Journal of Medicine of an article in 2000, national economic prosperity. (D) social services for the disadvantaged or found that 31 percent of the reports were (5) Present national economic problems aged; definitely or probably related to ephedrine have imposed considerable hardships on (E) roads, transportation, and water infra- alkaloid use and an additional 31 percent State and local government budgets. structure; and were possibly related to ephedrine alkaloid (6) Those governments, because of their (F) housing; and use; own fiscal difficulties, are being forced to (2) ordinary and necessary capital expendi- Whereas a study published in the Annals of take budget-related actions which tend to tures authorized by law. Internal Medicine concluded that— undermine Federal Government efforts to (b) CERTIFICATIONS BY STATE AND LOCAL (1) the risk for an adverse reaction after stimulate the economy. GOVERNMENTS.—The Secretary of the Treas- the use of ephedra is substantially greater (7) Efforts to stimulate the economy ury may accept a certification by the chief than with other herbal products; and through reductions in Federal Government executive officer of a State or local govern- (2) the sale of ephedra as a dietary supple- tax obligations or increased spending on Fed- ment that the State or local government has ment should be restricted or banned to pre- eral programs are weakened when State and used the funds received by it under this Act vent serious adverse reactions in the general local governments are forced to increase only for priority expenditures, unless the population; taxes or cut spending. Secretary determines that such certification Whereas approximately 30 members of the (8) Efforts by the Federal Government to is not sufficiently reliable to enable the Sec- United States Army have died after taking a stimulate the economic recovery will be sub- retary to carry out this Act. The Secretary dietary supplement containing ephedrine stantially enhanced by a program of emer- shall prescribe by rule the time and manner alkaloids, and the Department of Defense gency Federal Government assistance to in which the certification must be filed. has banned the sale of dietary supplements

VerDate jul 14 2003 05:05 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.108 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14181 containing ephedrine alkaloids from mili- ing Rules of the Senate, no evidence under of global trade and the stability of the world tary commissaries worldwide because of the control or in the possession of the Senate economy: Now, therefore, be it safety concerns; may, by the judicial or administrative proc- Resolved, That the Senate— Whereas the American Medical Association ess, be taken from such control or possession (1) urges the Secretary of the Treasury to has called on the Secretary of Health and but by permission of the Senate; initiate expedited negotiations with the Gov- Human Services to ban the sale of dietary Whereas, when it appears that evidence ernment of the People’s Republic of China, supplements containing ephedrine alkaloids; under the control or in the possession of the bilaterally or through the International Whereas the National Football League, the Senate may promote the administration of Monetary Fund, for the purpose of ensuring International Federation of Football Asso- justice, the Senate will take such action as a market-based exchange rate valuation to ciations, the National Collegiate Athletics will promote the ends of justice consistently permit effective balance of payments adjust- Association, the Commissioner of the Na- with the privileges of the Senate: Now, ments and to eliminate the unfair advan- tional Association of Baseball with regard to therefore, be it tage; and the Minor Leagues, Major League Soccer, Resolved, That employees of Senator (2) encourages the People’s Republic of the National Basketball Association, and the Allard’s office from whom testimony or the China to continue to act on its commitments International Olympics Committee have production of documents may be required are to the trade rules and principles of the inter- banned the use of ephedrine alkaloids by authorized to testify and produce documents national community of which it is now a their athletes; in the cases of State of Colorado v. Daniel member. Whereas 3 States, representing 65,000,000 Raphael Egger, Sarah Jane Geraldi, Jennifer Ms. SNOWE. Mr. President, I rise Americans, have banned dietary supplements Melissa Greenberg, Lisa Gale Kunkel, Bonnie today to submit a Sense of the Senate containing ephedrine alkaloids; Catherine McCormick, except concerning resolution to encourage the Depart- matters for which a privilege should be as- Whereas major drug store chains rep- ment of the Treasury to initiate expe- resenting 17,300 stores nationwide have serted. pulled ephedrine alkaloid-containing dietary SEC. 2. The Senate Legal Counsel is author- dited negotiations with the People’s supplements from their shelves; and ized to represent Senator Allard and his staff Republic of China on establishing a Whereas the largest specialty retailer of in the actions referenced in section one of market-based currency valuation and dietary supplements in the country, which this resolution. to fulfill its commitments under inter- has 5,300 stores nationwide, has pulled ephed- f national trade agreements. rine alkaloids from its shelves: Now, there- The resolution explains why China’s SENATE RESOLUTION 262—TO EN- fore, be it currency policy is an unfair manipula- COURAGE THE SECRETARY OF Resolved by the Senate (the House of Rep- tion which violates international trad- resentatives concurring), That it is the sense THE TREASURY TO INITIATE EX- ing rules and puts American manufac- of Congress that— PEDITED NEGOTIATIONS WITH (1) the Secretary of Health and Human turers at a disadvantage. We cannot THE PEOPLE’S REPUBLIC OF continue to allow this exploitation to Services has authority under subsections (a) CHINA ON ESTABLISHING A MAR- and (f) of section 402 of the Federal Food, continue to the detriment of our work- Drug, and Cosmetic Act (21 U.S.C. 343) to de- KET-BASED CURRENCY VALU- ers. Therefore, this resolution sends a termine that dietary supplements containing ATION AND TO FULFILL ITS strong message to the administration ephedrine alkaloids— COMMITMENTS UNDER INTER- that we must increase our efforts to (A) present a significant or unreasonable NATIONAL TRADE AGREEMENTS bring about a market-based valuation risk of illness or injury; Ms. SNOWE (for herself, Mrs. DOLE, of China’s currency. (B) pose an imminent hazard to public In an open trading system, manipula- health or safety; or Mr. BAUCUS, Mr. GRAHAM of South (C) contain poisonous or deleterious sub- Carolina, and Mr. BAYH) submitted the tion of currency—either by frequent stances that may render dietary supplements following resolution; which was re- intervention or by a calculated under- injurious to health; ferred to the Committee on Finance: valuation of one’s currency through a (2) there is sufficient evidence to make S. RES. 262 fixed exchange rate—undermines the such a determination; and Whereas the currency of the People’s Re- concept of comparative advantage by (3) the Secretary should take immediate public of China has been tightly pegged to creating market distortions. These dis- action to remove dietary supplements con- the United States dollar at the same fixed ruptions not only affect trade but also taining ephedrine alkaloids from the mar- level of 8.28 yuan to the dollar since 1994; result in the loss of real jobs for U.S. ketplace. Whereas the Government of the People’s manufacturers. This is particularly f Republic of China has significantly inter- devastating in my State, which has SENATE RESOLUTION 261—TO AU- vened in foreign exchange markets in order lost over 17,300 manufacturing jobs to hold the value of their currency within its THORIZE TESTIMONY, DOCU- tight and artificial trading band, resulting in since July 2000. MENT PRODUCTION, AND LEGAL enormous growth in China’s dollar reserves, Congress granted Permanent Normal REPRESENTATION IN THE STATE estimated to be over $346,000,000,000 as of Trade Relations (PNTR) for China be- OF COLORADO V. DANIEL RAPH- June 2003, an increase by 43 percent from cause we knew that China would be- AEL EGGER, SARAH JANE June 2002; come a major player in international GERALDI, JENNIFER MELISSA Whereas the People’s Republic of China has markets whether we wanted them to or GREENBERG, LISA GALE seen significant increases in production ca- not. After all, China already enjoyed KUNKEL, BONNIE CATHERINE pability, productivity, and foreign direct in- total access to our market while we did vestment since initially pegging the yuan to not have the same benefit. Perhaps MCCORMICK the dollar, which would generally lead to- Mr. FRIST (for himself and Mr. ward upward pressure on the currency value; most importantly, we supported PNTR DASCHLE) submitted the following reso- Whereas this peg, in the face of growing because a China in the World Trade Or- lution; which was considered and pressure, clearly represents a manipulation ganization is bound by the same inter- agreed to: of China’s currency; national trade rules as the United Whereas the undervaluation of China’s cur- S. RES. 261 States or any of our other trading part- rency distorts the value of exports from ners. While many were optimistic Whereas, in the cases of State of Colorado China and the price of foreign products for v. Daniel Raphael Egger, Sarah Jane Geraldi, about the increased market access to Chinese consumers; Jennifer Melissa Greenberg, Lisa Gale the world’s largest population, few Whereas the value of China’s currency has Kunkel, Bonnie Catherine McCormack, pend- had and continues to have a negative impact dared to expect this to be an easy path. ing in the Arapahoe County Court, Colorado, on the United States manufacturing sector, I have heard from company after testimony and documents have been re- contributing to significant job losses and company who have had to face the re- quested from an employee in the office of ality that they can no longer compete Senator Wayne Allard; business closures; Whereas, pursuant to sections 703(a) and Whereas the G–7 Finance Ministers and with unfairly priced Chinese products. 704(a)(2) of the Ethics in Government Act of Central Bank Governors in September of this Some argue they were forced to close 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the year stated that ‘‘more flexibility in ex- their doors because of China’s low Senate may direct its counsel to represent change rates is desirable for major countries labor costs, and others argue it is the Members of the Senate and their employees or economic areas to promote smooth and lack of labor and environmental regu- widespread adjustments in the international with respect to any subpoena, order, or re- lations in China that makes us uncom- quest for testimony relating to their official financial system, based on market mecha- responsibilities; nisms.’’; and petitive. However, the full extent of Whereas, by the privileges of the Senate of Whereas the market-based valuation of China’s advantage is the combination the United States and Rule XI of the Stand- currencies is a key component to the health of an artifically undervalued currency,

VerDate jul 14 2003 05:05 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.119 S06PT1 S14182 CONGRESSIONAL RECORD — SENATE November 6, 2003 unfair non-tariff barriers, and low cost has had to significantly intervene in SA 2131. Mr. BENNETT (for Mr. CRAIG) pro- of production. its foreign exchange markets in order posed an amendment to the bill H.R. 2673, While we all want wages, labor to hold the value of their currency supra. rights, and environmental protection within its tight and artificial trading SA 2132. Mr. KOHL (for Mr. HARKIN) pro- posed an amendment to the bill H.R. 2673, to improve in China, the biggest con- band. This manipulation has resulted supra. cern that every manufacturer brings to in enormous growth in China’s dollar SA 2133. Mr. KOHL (for Mr. DORGAN (for my attention is that they can’t com- reserves, estimated to be over $346 bil- himself, Mr. BURNS, Mrs. CLINTON, Mr. HAR- pete with a currency undervaluation lion as of June 2003, an increase of 43 KIN, and Mr. LEAHY)) proposed an amend- that economists estimate could be as percent from June 2002. ment to the bill H.R. 2673, supra. high as 40 percent. This serves as a de In addition, China’s policy is clearly SA 2134. Mr. KOHL (for Mr. HARKIN) pro- facto subsidy that no competitor can in violation of article IV of the WTO posed an amendment to the bill H.R. 2673, surmount. which says members ‘‘shall not by ex- supra. The damage manufacturing has sus- change rate action frustrate the in- SA 2135. Mr. BENNETT (for Mrs. HUTCHISON) proposed an amendment to the tained is nothing short of alarming. tent’’ of the WTO, which is to create bill H.R. 2673, supra. From July 2000 through July 2003, al- fair and open markets for global com- SA 2136. Mr. MCCAIN (for himself, Mr. most 2.7 million U.S. manufacturing merce. China has joined the world trad- ALLEN, Mr. WYDEN, Mr. BURNS, Mr. ENSIGN, jobs have been eliminated. New Eng- ing system—it must now play by its Mr. SUNUNU, Mr. WARNER, Mr. SMITH, Mr. land alone lost more than 214,000 manu- rules and adhere to these principles. LEAHY, Mr. GRASSLEY, Mr. HATCH, Mr. BAU- facturing jobs between June 1993 This resolution is about restoring CUS, Mrs. BOXER, Mr. CHAMBLISS, and Mrs. through June 2003, with fully 78 percent some sense of order to the global trad- LINCOLN) proposed an amendment to the bill of those losses, 166,000 jobs, occurring ing community which has been dis- S. 150, to make permanent the moratorium on taxes on Internet access and multiple and since January of 2001. The job losses torted by the policy of the Chinese gov- discriminatory taxes on electronic com- have been so focused on the manufac- ernment to unfairly subsidize every merce imposed by the Internet Tax Freedom turing sector that a manufacturing single export through the manipulation Act. worker had a 50 times greater chance of its currency. It is my hope that the SA 2137. Mr. McCAIN (for Mr. DOMENICI (for of losing his or her job than did other strong message sent by this Sense of himself and Mr. BINGAMAN)) submitted an workers. the Senate will result in a renewed amendment intended to be proposed by Mr. For these reasons, I have been among vigor and resolve to bring China’s cur- MCCAIN to the joint resolution H.J. Res. 63, a core group in Congress that has rency into the free market. to approve the Compact of Free Association, as amended, between the Government of the called on the administration to take f United States of America and the Govern- strong action with regards to the for- AMENDMENTS SUBMITTED & ment of the Federated States of Micronesia, eign manipulation of currencies. I was PROPOSED and the Compact of Free Association, as pleased to work with my colleagues to amended, between the Government of the ask the Treasury Secretary to make SA 2115. Mr. BINGAMAN proposed an United States of America and the Govern- China’s currency the top priority of his amendment to the bill H.R. 2673, making ap- ment of the Republic of the Marshall Islands, recent trip to Asia. propriations for Agriculture, Rural Develop- and to appropriate funds to carry out the ment, Food and Drug Administration, and amended Compacts.’’. Secretary Snow took the message to Related Agencies for the fiscal year ending China that the manipulation of its cur- SA 2138. Mr. MCCAIN (for Mr. DOMENICI (for September 30, 2004, and for other purposes. himself and Mr. BINGAMAN)) proposed an rency must end and that China should SA 2116. Mr. DORGAN proposed an amend- amendment to the joint resolution H.J. Res. take steps to freely float its currency. ment to the bill H.R. 2673, supra. 63, supra. I was pleased with his action and I was SA 2117. Mr. DORGAN (for himself, Mr. SA 2139. Mr. MCCAIN (for Mr. DOMENICI) further encouraged by the fact that BURNS, Mr. CONRAD, Mrs. CLINTON, Mr. proposed an amendment to the joint resolu- President Bush raised the same con- LEAHY, Mr. HARKIN, and Mr. JOHNSON) sub- tion H.J. Res. 63, supra. mitted an amendment intended to be pro- cern with his counterpart at the APEC SA 2140. Mr. ALEXANDER (for himself, posed by him to the bill H.R. 2673, supra. Mr. CARPER, Mr. HOLLINGS, Mr. STEVENS, Mr. Summit. SA 2118. Mr. DORGAN submitted an VOINOVICH, Mr. GRAHAM, of Florida, Mr. DOR- The administration has placed a high amendment intended to be proposed by him GAN, Mrs. FEINSTEIN, Mr. LAUTENBERG, and priority on this issue, but I am con- to the bill H.R. 2673, supra; which was or- Mr. CONRAD) submitted an amendment in- dered to lie on the table. cerned about the findings of Treasury’s tended to be proposed to amendment SA 2136 SA 2119. Mr. LEAHY (for himself, Ms. recent report on currency manipula- proposed by Mr. MCCAIN (for himself, Mr. SNOWE, Mr. JEFFORDS, Ms. COLLINS, Mr. tion. The Secretary of the Treasury is ALLEN, Mr. WYDEN, Mr. BURNS, MR. ENSIGN, REED, and Mrs. CLINTON) proposed an amend- Mr. SUNUNU, Mr. WARNER, Mr. SMITH, Mr. required to determine yearly if foreign ment to the bill H.R. 2673, supra. countries ‘‘manipulate the rate of ex- SA 2120. Mr. COCHRAN proposed an LEAHY, Mr. GRASSLEY, Mr. HATCH, Mr. BAU- change between their currency and the amendment to the bill H.R. 2673, supra. CUS, Mrs. BOXER, Mr. CHAMBLISS, and Mrs. United States dollar for purposes of SA 2121. Mr. LEVIN (for himself and Ms. LINCOLN) to the bill S. 150, to make perma- STABENOW) proposed an amendment to the nent the moratorium on taxes on Internet preventing effective balance of pay- access and multiple and discriminatory ments adjustments or gaining unfair bill H.R. 2673, supra. SA 2122. Mr. KOHL (for Mr. FEINGOLD) pro- taxes on electronic commerce imposed by competitive advantage in international posed an amendment to the bill H.R. 2673, the Internet Tax Freedom Act; which was or- trade.’’ The law then requires that supra. dered to lie on the table. Treasury initiate expedited negotia- SA 2123. Mr. KOHL (for Mr. DORGAN) pro- f tions with these countries. posed an amendment to the bill H.R. 2673, However, in the face of compelling supra. TEXT OF AMENDMENTS SA 2124. Mr. KOHL (for Ms. STABENOW (for evidence of the deliberate currency ma- SA 2115. Mr. BINGAMAN proposed an herself and Mr. LEVIN)) proposed an amend- amendment to the bill H.R. 2673, mak- nipulation by the Chinese government ment to the bill H.R. 2673, supra. to gain an unfair trade advantage, that SA 2125. Mr. KOHL (for Mr. LEAHY) pro- ing appropriations for Agriculture, report downplayed the nature of Chi- posed an amendment to the bill H.R. 2673, Rural Development, Food and Drug Ad- na’s exchange rate policy, stating that supra. ministration, and Related Agencies for ‘‘no major trading partner of the SA 2126. Mr. BENNETT proposed an the fiscal year ending September 30, United States meets the technical re- amendment to the bill H.R. 2673, supra. 2004, and for other purposes; as follows: SA 2127. Mr. KOHL (for Mr. WYDEN) pro- quirements for designation.’’ I believe posed an amendment to the bill H.R. 2673, On page 5, line 1, strike ‘‘$188,022,000’’ and that the facts clearly illustrate that supra. insert ‘‘$183,022,000’’. the definition has been met. SA 2128. Mr. KOHL (for Mr. JEFFORDS) pro- On page 48, line 24, strike ‘‘$11,418,441,000’’ China has seen significant increases posed an amendment to the bill H.R. 2673, and insert ‘‘$11,423,441,000’’. in production capability, productivity, supra. On page 48, line 26, strike ‘‘$6,718,780,000’’ and foreign direct investment since the SA 2129. Mr. BENNETT (for Ms. MUR- and insert ‘‘$6,723,780,000’’. On page 49, line 7, before the period, insert initial peg, which would generally lead KOWSKI) proposed an amendment to the bill H.R. 2673, supra. the following: ‘‘: Provided further, That not towards upward pressure on the cur- SA 2130. Mr. KOHL (for Mrs. CLINTON) pro- less than $15,025,000 shall be available to im- rency value. In response, the govern- posed an amendment to the bill H.R. 2673, plement and administer Team Nutrition pro- ment of the People’s Republic of China supra. grams of the Department of Agriculture’’.

VerDate jul 14 2003 06:56 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.127 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14183 SA 2116. Mr. DORGAN proposed an made available by section 601(j)(1)(A) of the On page 6, line 12, strike the period at the amendment to the bill H.R. 2673, mak- Rural Electrification Act of 1936 (7 U.S.C. end and insert ‘‘: Provided further, That of ing appropriations for Agriculture, 950bb(j)(1)(A)) for fiscal year 2004. such amount, sufficient funds shall be avail- able for the Secretary of Agriculture, not Rural Development, Food and Drug Ad- SA 2119. Mr. LEAHY (for himself, Ms. later than 60 days after the last day of the ministration, and Related Agencies for SNOWE, Mr. JEFFORDS, Ms. COLLINS, Mr. fiscal year, to submit to Congress a report on the fiscal year ending September 30, REED, and Mrs. CLINTON) proposed an the amount of acquisitions made by the De- 2004, and for other purposes; as follows: amendment to the bill H.R. 2673, mak- partment of Agriculture during such fiscal year of articles, materials, or supplies that On page 79, between lines 7 and 8, insert ing appropriations for Agriculture, the following: were manufactured outside the United Rural Development, Food and Drug Ad- States. Such report shall separately indicate SEC. 7ll. SENSE OF SENATE ON IMPORTATION ministration, and Related Agencies for OF CATTLE WITH BOVINE the dollar value of any articles, materials, or SPONGIFORM ENCEPHALOPATHY. the fiscal year ending September 30, supplies purchased by the Department of Ag- (a) FINDINGS.—The Senate finds that— 2004, and for other purposes; as follows: riculture that were manufactured outside (1) the United States beef industry is the On page 79, between lines 7 and 8, insert the United States, an itemized list of all single largest segment of United States agri- the following: waivers under the Buy American Act (41 U.S.C. 10a et seq.) that were granted with re- culture; ll SEC. 7 . USE OF FUNDING FOR CERTAIN CON- spect to such articles, materials, or supplies, (2) the United States has never allowed the SERVATION PROGRAMS. importation of live cattle from a country None of the funds made available by this and a summary of total procurement funds spent on goods manufactured in the United that has been found to have bovine Act may be used to pay the salaries or ex- States versus funds spent on goods manufac- spongiform encephalopathy (referred to in penses of employees of the Department of tured outside of the United States. The Sec- this section as ‘‘BSE’’); Agriculture to carry out the conservation re- retary of Agriculture shall make the report (3) the importation of live cattle known to serve program established under subchapter publicly available by posting the report on have BSE could put the entire United States B of chapter 1 of subtitle D of title XII of the an Internet website.’’. cattle industry at unnecessary risk; Food Security Act of 1985 (16 U.S.C. 3831 et (4) food safety is a top priority for the peo- seq.) using funds made available under para- SA 2123. Mr. KOHL (for Mr. DORGAN) ple of the United States; and graphs (4) through (7) of section 1241(a) of the proposed an amendment to the bill (5) the importation of beef and beef prod- Food Security Act of 1985 (16 U.S.C. 3841(a)). H.R. 2673, making appropriations for ucts from a country known to have BSE could undermine consumer confidence in the SA 2120. Mr. COCHRAN proposed an Agriculture, Rural Development, Food integrity of the food supply and present a amendment to the bill H.R. 2673, mak- and Drug Administration, and Related possible danger to human health. ing appropriations for Agriculture, Agencies for the fiscal year ending Sep- (b) SENSE OF SENATE.—It is the sense of the Rural Development, Food and Drug Ad- tember 30, 2004, and for other purposes; Senate that the Secretary of Agriculture— ministration, and Related Agencies for as follows: (1) should not allow the importation of live On page 76, strike lines 1 through 5 and in- cattle from any country known to have BSE the fiscal year ending September 30, 2004, and for other purposes; as follows: sert the following: unless the country complies with the animal SEC. 749. ACCESS TO BROADBAND TELE- health guidelines established by the World On page 19, line 26, before the period, insert COMMUNICATIONS SERVICES IN Organization for Animal Health; and the following: ‘‘: Provided further, That, in RURAL AREAS. (2) should abide by international standards the case of the term of protection for the va- None of the funds appropriated or other- for the continued health and safety of the riety for which certificate number 8200179 wise made available by this or any other Act United States livestock industry. was issued, on the date of enactment of this shall be used to pay the salaries and ex- Act, the Secretary of Agriculture shall issue penses of personnel to expend the $20,000,000 SA 2117. Mr. DORGAN (for himself, a new certificate for a term of protection of made available by section 601(j)(1)(A) of the Mr. BURNS, Mr. CONRAD, Mrs. CLINTON, 10 years for the variety, except that the Sec- Rural Electrification Act of 1936 (7 U.S.C. Mr. LEAHY, Mr. HARKIN, and Mr. JOHN- retary may terminate the certificate (at the 950bb(j)(1)(A)) for fiscal year 2004. end of any calendar year that is more than 5 SON) submitted an amendment in- years after the date of issuance of the certifi- SA 2124. Mr. KOHL (for Ms. tended to be proposed by him to the cate) if the Secretary determines that a new STABENOW (for herself and Mr. LEVIN) bill H.R. 2673, making appropriations variety of seed (that is substantially based proposed an amendment to the bill for Agriculture, Rural Development, on the genetics of the variety for which the H.R. 2673, making appropriations for Food and Drug Administration, and certificate was issued) is commercially via- Agriculture, Rural Development, Food Related Agencies for the fiscal year ble and available in sufficient quantities to and Drug Administration, and Related ending September 30, 2004, and for meet market demands’’. Agencies for the fiscal year ending Sep- other purposes; as follows: SA 2121. Mr. LEVIN (for himself and tember 30, 2004, and for other purposes; On page 47, line 13, strike ‘‘$335,963,000’’ and Ms. STABENOW) proposed an amend- as follows: insert ‘‘$647,000,000’’. On page 17, line 16, before the colon, insert On page 48, line 2, strike ‘‘$9,116,000’’ and ment to the bill H.R. 2673, making ap- propriations for Agriculture, Rural De- the following: ‘‘; and of which up to $275,000 insert ‘‘$15,116,000’’. may be used to control or alleviate the cor- On page 79, between lines 7 and 8, insert velopment, Food and Drug Administra- morant problem in the State of Michigan’’. the following: tion, and Related Agencies for the fis- SEC. 7ll. REDUCTION IN TRAVEL AMOUNTS. cal year ending September 30, 2004, and SA 2125. Mr. KOHL (for Mr. LEAHY) Notwithstanding any other provision of for other purposes; as follows: proposed an amendment to the bill this Act, each amount provided by this Act On page 3, line 12, strike ‘‘$119,289,000’’ and H.R. 2673, making appropriations for for travel expenses is reduced by the pro rata insert ‘‘$118,789,000’’. Agriculture, Rural Development, Food percentage required to reduce the total On page 5, line 1, strike ‘‘$188,022,000’’ and amount provided by this Act for such ex- and Drug Administration, and Related insert ‘‘$187,022,000’’. Agencies for the fiscal year ending Sep- penses by $6,000,000. On page 17, line 16, after ‘‘eradication zones’’ insert ‘‘; and of which not less than tember 30, 2004, and for other purposes; SA 2118. Mr. DORGAN submitted an $1,500,000 (in addition to any other funds as follows: amendment intended to be proposed by made available for eradication or contain- On page 78, strike lines 8 through 16, and him to the bill H.R. 2673, making ap- ment) shall be used by the Emerald Ash insert the following: propriations for Agriculture, Rural De- Borer Task Force for the removal of trees SEC. 759. AGRICULTURAL MANAGEMENT ASSIST- velopment, Food and Drug Administra- that have been adversely affected by the em- ANCE. erald ash borer, with a priority for the re- Section 524(b)(4)(B) of the Federal Crop In- tion, and Related Agencies for the fis- surance Act (7 U.S.C. 1542(b)(4)(B)) is amend- cal year ending September 30, 2004, and moval of trees on public property or that threaten public safety’’. ed— for other purposes; as follows: (1) in clause (i), by striking ‘‘clause (ii)’’ On page 76, strike lines 1 through 5 and in- SA 2122. Mr. KOHL (for Mr. FEIN- and inserting ‘‘clauses (ii) and (iii)’’; and sert the following: GOLD) proposed an amendment to the (2) by adding at the end the following: SEC. 749. ACCESS TO BROADBAND TELE- bill H.R. 2673, making appropriations ‘‘(iii) CERTAIN USES.—Of the amounts made COMMUNICATIONS SERVICES IN for Agriculture, Rural Development, available to carry out this subsection for RURAL AREAS. each fiscal year, the Commodity Credit Cor- None of the funds appropriated or other- Food and Drug Administration, and poration shall use not less than— wise made available by this or any other Act Related Agencies for the fiscal year ‘‘(I) $15,000,000 to carry out subparagraphs shall be used to pay the salaries and ex- ending September 30, 2004, and for (A), (B), and (C) of paragraph (2) through the penses of personnel to expend the $20,000,000 other purposes; as follows: Natural Resources Conservation Service; and

VerDate jul 14 2003 05:05 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.126 S06PT1 S14184 CONGRESSIONAL RECORD — SENATE November 6, 2003 ‘‘(II) $2,000,000 to provide organic certifi- of the total cost of providing water and ‘‘(ii) does not delegate the authority de- cation cost share assistance through the Ag- sewer service to the proposed hospital in the scribed in clause (i); ricultural Marketing Service.’’. Matanuska-Susitna Borough, Alaska; ‘‘(F) the project requires no Federal or (2) the Alaska Department of Community State financial assistance, other than the SA 2126. Mr. BENNETT proposed an and Economic Development may be allowed loan guarantee provided under this sub- amendment to the bill H.R. 2673, mak- to pass the grant funds through to the local section; and ing appropriations for Agriculture, government entity that will provide water ‘‘(G) the project complies with all nec- Rural Development, Food and Drug Ad- and sewer service to the hospital; and essary permits, licenses, and approvals re- ministration, and Related Agencies for quired under the laws of the State. SA 2130. Mr. KOHL (for Mrs. CLINTON) ‘‘(3) COST SHARING.— the fiscal year ending September 30, proposed an amendment to the bill ‘‘(A) IN GENERAL.—The amount of a loan 2004, and for other purposes; as follows: H.R. 2673, making appropriations for guarantee under this subsection for a project On page 79, between lines 7 and 8, insert Agriculture, Rural Development, Food described in paragraph (2) shall not exceed 80 the following: and Drug Administration, and Related percent of the total project cost. ‘‘(B) SUBORDINATION.—Any financing for SEC. 7ll. EMERGENCY WATERSHED PROTEC- Agencies for the fiscal year ending Sep- TION PROGRAM. the non-Federal share of the total project Notwithstanding any other provision of tember 30, 2004, and for other purposes; cost shall be subordinated to the federally law, the Secretary of Agriculture is author- as follows: guaranteed portion of the total project cost. ized hereafter to make funding and other as- On page 79, between lines 7 and 8, insert ‘‘(4) LOAN GUARANTEE LIMITS.—The loan sistance available through the emergency the following: guarantee limitations applicable to the busi- watershed protection program under section SEC. 7ll. PROHIBITION OF USE OF FUNDS TO ness and industry guarantee loan program 403 of the Agricultural Credit Act of 1978 (16 PURCHASE CHICKEN TREATED WITH authorized under section 310B of the Consoli- U.S.C. 2203) to repair and prevent damage to FLUOROQUINOLONE. dated Farm and Rural Development Act (7 non-Federal land in watersheds that have After December 31, 2003, none of the funds U.S.C. 1932) shall apply to loan guarantees been impaired by fires initiated by the Fed- made available by this Act may be used to made under this subsection. eral Government and to waive cost sharing purchase chickens or the products of chick- ‘‘(5) MAXIMUM AMOUNT.— requirements for the funding and assistance. ens for use in any program under the Child ‘‘(A) INDIVIDUAL LOANS.—The amount of Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) principal for a loan under this subsection for SA 2127. Mr. KOHL (for Mr. WYDEN) or the Richard B. Russell National School a project described in paragraph (2) shall not proposed an amendment to the bill Lunch Act (42 U.S.C. 1751 et seq.), unless the exceed $75,000,000. H.R. 2673, making appropriations for supplier provides certification that the sup- ‘‘(B) ALL LOANS.—The total outstanding Agriculture, Rural Development, Food plier does not feed or administer amount of principal for loans under this sub- fluoroquinolone to chickens produced by the section for all projects described in para- and Drug Administration, and Related supplier. graph (2) shall not exceed $500,000,000. Agencies for the fiscal year ending Sep- ‘‘(C) The Secretary shall publish a pro- tember 30, 2004, and for other purposes; SA 2131. Mr. BENNETT (for Mr. posed rule to carry out this section within as follows: CRAIG) proposed an amendment to the 120 days of enactment of this Act’’. ‘‘The Secretary may waive the require- bill H.R. 2673, making appropriations ments regarding small and emerging rural for Agriculture, Rural Development, SA 2132. Mr. KOHL (for Mr. HARKIN) business as authorized under the Rural Busi- Food and Drug Administration, and proposed an amendment to the bill ness Enterprise Grant program for the pur- Related Agencies for the fiscal year H.R. 2673, making appropriations for pose of a lease for the Oakridge Oregon In- ending September 30, 2004, and for Agriculture, Rural Development, Food dustrial Park.’’ other purposes; as follows: and Drug Administration, and Related Agencies for the fiscal year ending Sep- SA 2128. Mr. KOHL (for Mr. JEF- On page 79, between lines 7 and 8, insert the following: tember 30, 2004, and for other purposes; FORDS) proposed an amendment to the as follows: bill H.R. 2673, making appropriations SEC. 7ll. RENEWABLE ENERGY SYSTEM LOAN for Agriculture, Rural Development, GUARANTEES. On page 71, line 2, before the period, insert Title IX of The Farm Security and Rural the following: ‘‘, including requests for pro- Food and Drug Administration, and Investment Act of 2002 is amended by adding posals for grants for critical emerging issues Related Agencies for the fiscal year the following new section— described in section 401(c)(1) of that Act for ending September 30, 2004, and for ‘‘SEC. ll. RENEWABLE ENERGY SYSTEM LOAN which the Secretary has not issued requests other purposes; as follows: GUARANTEES. for proposals for grants in fiscal 2002 or On page 42, between lines 13 and 14, insert ‘‘LOAN GUARANTEES FOR CERTAIN 2003’’. the following: PROJECTS.— ‘‘(1) DEFINITION OF SUBSIDY COSTS.—In this SA 2133. Mr. KOHL (for Mr. DORGAN HISTORIC BARN PRESERVATION PROGRAM subsection, the term ‘subsidy costs’ has the (for himself, Mr. BURNS, Mrs. CLINTON, For the historic barn preservation program meaning given the term ‘cost’ in section 502 Mr. HARKIN, and Mr. LEAHY)) proposed established under section 379A of the Con- of the Federal Credit Reform Act of 1990 (2 solidated Farm and Rural Development Act an amendment to the bill H.R. 2673, U.S.C. 661a). making appropriations for Agriculture, (7 U.S.C. 2008o), $2,000,000. ‘‘(2) PROJECTS.—Subsection (c)(1) shall not On page 58, line 19, strike ‘‘$90,435,000’’ and apply to a loan guarantee made under this Rural Development, Food and Drug Ad- insert ‘‘$88,435,000’’. subsection to carry out a project if— ministration, and Related Agencies for ‘‘(A) the loan will be used— the fiscal year ending September 30, SA 2129. Mr. BENNETT (for Ms. MUR- ‘‘(i) to purchase a renewable energy system 2004, and for other purposes; as follows: KOWSKI) proposed an amendment to the that has, as 1 of its principal purposes, the On page 47, line 13, strike ‘‘$335,963,000’’ and bill H.R. 2673, making appropriations commercial production of an agricultural insert ‘‘$647,000,000’’. commodity; and for Agriculture, Rural Development, On page 48, line 2, strike ‘‘$9,116,000’’ and ‘‘(ii) to promote a solution to an environ- Food and Drug Administration, and insert ‘‘$15,116,000’’. mental problem in a rural area of the State Related Agencies for the fiscal year in which the project will be carried out; On page 79, between lines 7 and 8, insert ending September 30, 2004, and for ‘‘(B) the lender of the loan exercises due the following: other purposes; as follows: diligence with respect to theborrower of the SEC. 7ll. REDUCTION IN TRAVEL AMOUNTS. At the appropriate place, insert the fol- loan; (a) IN GENERAL.—Notwithstanding any lowing: ‘‘(C) the borrower of the loan pays in full, other provision of this Act, each amount pro- SEC. ll. WATER AND WASTE DISPOSAL GRANT before the guarantee is issued, a guarantee vided by this Act for travel expenses is re- TO THE ALASKA DEPARTMENT OF fee in the amount of the estimated subsidy duced by the pro rata percentage required to COMMUNITY AND ECONOMIC DEVEL- cost of the guarantee, as determined by the reduce the total amount provided by this Act OPMENT. Director of the Office of Management and for such expenses by $6,000,000. Notwithstanding any other provision of Budget; (b) REPORT.—Not later than 30 days after law— ‘‘(D) except as provided in subparagraph the date of enactment of this Act, the Direc- (1) the Alaska Department of Community (E), the principal amount of the loan is not tor of the Office of Management and Budget and Economic Development may be eligible more than $25,000,000; shall submit to the Committees on Appro- to receive a water and waste disposal grant ‘‘(E) the principal amount of the loan is priations of the House of Representatives under section 306(a) of the Consolidated more than $25,000,000, but is not more than and the Senate a listing of the amounts by Farm and Rural Development Act (7 U.S.C. $75,000,000, if the Secretary— account of the reductions made pursuant to 1926(a)) in an amount that is up to 75 percent ‘‘(i) approves the loan application; and subsection (a).

VerDate jul 14 2003 06:56 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.133 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14185 SA 2134. Mr. KOHL (for Mr. HARKIN) SECTION 1. SHORT TITLE. ‘‘(b) TERMINATION.—This section shall not proposed an amendment to the bill This Act may be cited as the ‘‘Internet Tax apply after October 1, 2006. H.R. 2673, making appropriations for Nondiscrimination Act’’. ‘‘(c) TAX ON INTERNET ACCESS.—Notwith- Agriculture, Rural Development, Food SEC. 2. PERMANENT EXTENSION OF INTERNET standing section 1105(10), in this section the TAX FREEDOM ACT MORATORIUM. term ‘tax on Internet access’ includes the en- and Drug Administration, and Related (a) IN GENERAL.—Subsection (a) of section forcement or application of any preexisting Agencies for the fiscal year ending Sep- 1101 of the Internet Tax Freedom Act (47 tax on the sale or use of Internet services if tember 30, 2004, and for other purposes; U.S.C. 151 note) is amended to read as fol- that tax was generally imposed and actually as follows: lows: enforced prior to October 1, 1998.’’. On page 79, between lines 7 and 8, insert ‘‘(a) MORATORIUM.—No State or political SEC. 4. ACCOUNTING RULE. subdivision thereof may impose any of the the following: The Internet Tax Freedom Act (47 U.S.C. following taxes: SEC. 7ll. WATER AND WASTE DISPOSAL GRANT 151 note) is amended by adding at the end the ‘‘(1) Taxes on Internet access. TO THE CITY OF POSTVILLE, IOWA. following: Notwithstanding any other provision of ‘‘(2) Multiple or discriminatory taxes on law, the city of Postville, Iowa, shall be eli- electronic commerce.’’. ‘‘SEC. 1106. ACCOUNTING RULE. gible to receive a water and waste disposal (b) CONFORMING AMENDMENTS.— ‘‘(a) IN GENERAL.—If charges for Internet grant under section 306(a) of the Consoli- (1) Section 1101 of the Internet Tax Free- access are aggregated with and not sepa- dated Farm and Rural Development Act (7 dom Act (47 U.S.C. 151 note) is amended by rately stated from charges for telecommuni- U.S.C. 1926(a)) in an amount that is equal to striking subsection (d) and redesignating cations services or other charges that are not more than 75 percent of the total cost of subsection (e) as subsection (d). subject to taxation, then the charges for providing water and sewer service in the (2) Section 1104(10) of the Internet Tax Internet access may be subject to taxation city. Freedom Act (47 U.S.C. 151 note) is amended unless the Internet access provider can rea- to read as follows: sonably identify the charges for Internet ac- SA 2135. Mr. BENNETT (for Mrs. ‘‘(10) TAX ON INTERNET ACCESS.— cess from its books and records kept in the ‘‘(A) IN GENERAL.—The term ‘tax on Inter- HUTCHISON) proposed an amendment to regular course of business. net access’ means a tax on Internet access, the bill H.R. 2673, making appropria- ‘‘(b) DEFINITIONS.—In this section: regardless of whether such tax is imposed on ‘‘(1) CHARGES FOR INTERNET ACCESS.—The tions for Agriculture, Rural Develop- a provider of Internet access or a buyer of ment, Food and Drug Administration, term ‘charges for Internet access’ means all Internet access and regardless of the termi- charges for Internet access as defined in sec- and Related Agencies for the fiscal nology used to describe the tax. tion 1105(5). ‘‘(B) GENERAL EXCEPTION.—The term ‘tax year ending September 30, 2004, and for ‘‘(2) CHARGES FOR TELECOMMUNICATIONS on Internet access’ does not include a tax other purposes; as follows: SERVICES.—The term ‘charges for tele- At the appropriate place in the bill, insert levied upon or measured by net income, cap- communications services’ means all charges the following: ital stock, net worth, or property value.’’. for telecommunications services except to (3) Section 1104(2)(B)(i) of the Internet Tax SEC. . TEXAS RICE SAFEGUARD INITIATIVE. the extent such services are purchased, used, Freedom Act (47 U.S.C. 151 note) is amended (a) IN GENERAL.—In order to provide a safe- or sold by a provider of Internet access to by striking ‘‘except with respect to a tax (on guard against the further decline of the rice provide Internet access.’’. Internet access) that was generally imposed industry and wildlife habitat in Texas, and and actually enforced prior to October 1, SEC. 5. EFFECT ON OTHER LAWS. to provide information to the Congress in an- 1998,’’. The Internet Tax Freedom Act (47 U.S.C. ticipation of and preparation for the 2007 (c) INTERNET ACCESS SERVICE; INTERNET 151 note), as amended by section 4, is amend- farm bill, the Secretary of Agriculture shall ACCESS.— ed by adding at the end the following: conduct the initiative required under this (1) INTERNET ACCESS SERVICE.—Paragraph section. ‘‘SEC. 1107. EFFECT ON OTHER LAWS. (3)(D) of section 1101(d) (as redesignated by (b) ADMINISTRATIVE IMPROVEMENTS.—As an ‘‘(a) UNIVERSAL SERVICE.—Nothing in this subsection (b)(1) of this section) of the Inter- integral part of the safeguard initiative, the Act shall prevent the imposition or collec- net Tax Freedom Act (47 U.S.C. 151 note) is Secretary of Agriculture shall review the ad- tion of any fees or charges used to preserve amended by striking the second sentence and ministration and enhance the enforcement of and advance Federal universal service or inserting ‘‘The term ‘Internet access service’ section 1105(a)(1)(E) of Public Law 107–171 as similar State programs— does not include telecommunications serv- it related to and is applied to the control of ‘‘(1) authorized by section 254 of the Com- ices, except to the extent such services are noxious weeds and the proper application munications Act of 1934 (47 U.S.C. 254); or purchased, used, or sold by a provider of and implementation of the conserving use re- ‘‘(2) in effect on February 8, 1996. Internet access to provide Internet access.’’. quirements on rice base acreage in Texas. ‘‘(b) 911 AND E–911 SERVICES.—Nothing in (2) INTERNET ACCESS.—Section 1104(5) of (c) REPORTS TO CONGRESS.—The Secretary this Act shall prevent the imposition or col- that Act is amended by striking the second shall review and evaluate the costs, benefits lection, on a service used for access to 911 or sentence and inserting ‘‘The term ‘Internet and effects of the safeguard initiative on rice E–911 services, of any fee or charge specifi- access’’ does not include telecommuni- producers, including tenant rice producers, cally designated or presented as dedicated by cations services, except to the extent such the rice milling and processing industry, a State or political subdivision thereof for services are purchased, used, or sold by a wildlife habitat, and the economies of rice the support of 911 or E–911 services if no por- provider of Internet access to provide Inter- farming areas in Texas, detailed by each of tion of the revenue derived from such fee or net access.’’. these affected interests and by the program charge is obligated or expended for any pur- variables involved in the safeguard initiative SEC. 3. 3–YEAR SUNSET FOR PRE-OCTOBER, 1998, pose other than support of 911 or E–911 serv- under subsections (b) and (c), including TAX EXCEPTION. ices. The Internet Tax Freedom Act (47 U.S.C. whether or not producers on a farm have ‘‘(c) NON-TAX REGULATORY PROCEEDINGS.— 151 note) is amended— qualified plantings. The Secretary shall pro- Nothing in this Act shall be construed to af- (1) by redesignating section 1104 as section vide to the Committee on Agriculture, Nutri- fect any Federal or State regulatory pro- 1105; and tion, and Forestry of the Senate and the ceeding that is not related to taxation.’’. (2) by inserting after section 1103 the fol- Committee on Agriculture of the House of lowing: Representatives an annual report detailing Mr. McCAIN (for Mr. DOMEN- ‘‘SEC. 1104. PRESERVATION OF PRE-OCTOBER, SA 2137. the progress and findings of the initiative ICI (for himself and Mr. BINGAMAN)) not later than February 1 of each of the 1998, STATE AND LOCAL TAX AU- THORITY UNTIL 2006. submitted an amendment intended to years 2005 through 2007. ‘‘(a) IN GENERAL.—Section 1101(a) does not be proposed by Mr. MCCAIN to the joint SA 2136. Mr. MCCAIN (for himself, apply to a tax on Internet access that was resolution H.J. Res. 63, to approve the generally imposed and actually enforced Mr. ALLEN, Mr. WYDEN, Mr. BURNS, Mr. Compact of Free Association, as prior to October 1, 1998, if, before that date, amended, between the Government of ENSIGN, Mr. SUNUNU, Mr. WARNER, Mr. the tax was authorized by statute and ei- SMITH, Mr. LEAHY, Mr. GRASSLEY, Mr. ther— the United States of America and the HATCH, Mr. BAUCUS, Mrs. BOXER, Mr. ‘‘(1) a provider of Internet access services Government of the Federated States of CHAMBLISS, and Mrs. LINCOLN) proposed had a reasonable opportunity to know by vir- Micronesia, and the Compact of Free an amendment to the bill S. 150, to tue of a rule or other public proclamation Association, as amended, between the make permanent the moratorium on made by the appropriate administrative Government of the United States of taxes on Internet access and multiple agency of the State or political subdivision America and the Government of the thereof, that such agency has interpreted and discriminatory taxes on electronic Republic of the Marshall Islands, and and applied such tax to Internet access serv- to appropriate funds to carry out the commerce imposed by the Internet Tax ices; or Freedom Act; as follows: ‘‘(2) a State or political subdivision thereof amended Compacts.’’; as follows: Strike out all after the enacting clause and generally collected such tax on charges for Strike all after the resolving clause and in- insert the following: Internet access. sert the following:

VerDate jul 14 2003 05:05 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.135 S06PT1 S14186 CONGRESSIONAL RECORD — SENATE November 6, 2003 SECTION 1. SHORT TITLE AND TABLE OF CON- (f) Continuing Programs and Laws. States of America and the Government of TENTS. (g) College of Micronesia. the Republic of the Marshall Islands. (a) SHORT TITLE.—This joint resolution, to- (h) Trust Territory Debts to U.S. Federal TITLE ONE—GOVERNMENTAL RELATIONS gether with the table of contents in sub- Agencies. Article I—Self-Government. section (b) of this section, may be cited as (i) Judicial Training. Article II—Foreign Affairs. the ‘‘Compact of Free Association Amend- (j) Technical Assistance. Article III—Communications. ments Act of 2003’’. (k) Prior Service Benefits Program. Article IV—Immigration. (b) TABLE OF CONTENTS.—The table of con- (l) Indefinite Land Use Payments. tents for this joint resolution is as follows: Article V—Representation. (m) Communicable Disease Control Program. Article VI—Environmental Protection. TITLE I—APPROVAL OF U.S.-FSM COM- (n) User Fees. Article VII—General Legal Provisions. PACT AND U.S.-RMI COMPACT; INTER- (o) Treatment of Judgments of Courts of the TITLE TWO—ECONOMIC RELATIONS PRETATION OF, AND U.S. POLICIES RE- Federated States of Micronesia, the Republic GARDING, U.S.-FSM COMPACT AND U.S.- of the Marshall Islands, and the Republic of Article I—Grant Assistance. RMI COMPACT; SUPPLEMENTAL PRO- Palau. Article II—Services and Program Assistance. VISIONS (p) Establishment of Trust Funds; Expedi- Article III—Administrative Provisions. Article IV—Trade. Sec. 101. Approval of U.S.-FSM Compact of tion of Process. Article V—Finance and Taxation. Free Association and U.S.-RMI Sec. 106. Construction Contract Assistance. Compact of Free Association. (a) Assistance to U.S. Firms. TITLE THREE—SECURITY AND DEFENSE (a) Federated States of Micronesia. (b) Authorization of Appropriations. RELATIONS Sec. 107. Prohibition. (b) Republic of the Marshall Islands. Article I—Authority and Responsibility. Sec. 108. Compensatory Adjustments. (c) References to the Compact, the U.S.-FSM Article II—Defense Facilities and Operating (a) Additional Programs and Services. Compact and the U.S.-RMI Compact; Ref- Rights. (b) Further Amounts. Article III—Defense Treaties and Inter- erences to Subsidiary Agreements or Sepa- Sec. 109. Authorization and Continuing Ap- national Security Agreements. rate Agreements. propriation. (d) Amendment, Change, or Termination in Sec. 110. Payment of Citizens of the Fed- Article IV—Service in Armed Forces of the the U.S.-FSM Compact, the U.S.-RMI Com- erated States of Micronesia, the United States. pact and Certain Agreements. Republic of the Marshall Is- Article V—General Provisions. (e) Subsidiary Agreements Deemed Bilateral. lands, and the Republic of TITLE FOUR—GENERAL PROVISIONS (f) Entry Into Force of Future Amendments Palau Employed by the Govern- Article I—Approval and Effective Date. to Subsidiary Agreements. ment of the United States in Article II—Conference and Dispute Resolu- Sec. 102. Agreements With Federated States the Continental United States. tion. of Micronesia. TITLE II—COMPACTS OF FREE ASSOCIA- Article III—Amendment. (a) Law Enforcement Assistance. TION WITH THE FEDERATED STATES Article IV—Termination. (b) Agreement on Audits. OF MICRONESIA AND THE REPUBLIC Article V—Survivability. Sec. 103. Agreements With and Other Provi- OF THE MARSHALL ISLANDS Article VI—Definition of Terms. sions Related to the Republic of Article VII—Concluding Provisions. the Marshall Islands. Sec. 201. Compacts of Free Association, as (a) Law Enforcement Assistance. Amended Between the Govern- TITLE I—APPROVAL OF U.S.-FSM COM- (b) EJIT. ment of the United States of PACT AND U.S.-RMI COMPACT; INTER- (c) Section 177 Agreement. America and the Government of PRETATION OF, AND U.S. POLICIES RE- (d) Nuclear Test Effects. the Federated States of Micro- GARDING, U.S.-FSM COMPACT AND U.S.- (e) Espousal Provisions. nesia and Between the Govern- RMI COMPACT; SUPPLEMENTAL PROVI- (f) DOE Radiological Health Care Program; ment of the United States of SIONS USDA Agricultural and Food Programs. America and the Government of SEC. 101. APPROVAL OF U.S.-FSM COMPACT OF (g) Rongelap. the Republic of the Marshall Is- FREE ASSOCIATION AND THE U.S.- lands. RMI COMPACT OF FREE ASSOCIA- (h) Four Atoll Health Care Program. TION; REFERENCES TO SUBSIDIARY (i) Enjebi Community Trust Fund. (a) Compact of Free Association as amended AGREEMENTS OR SEPARATE AGREE- (j) Bikini Atoll Cleanup. between the Government of the United MENTS. (k) Agreement on Audits. States of America and the Government of (a) FEDERATED STATES OF MICRONESIA.— (l) Kwajalein. the Federated States of Micronesia. The Compact of Free Association, as amend- Sec. 104. Interpretation of and United States TITLE ONE—GOVERNMENTAL RELATIONS ed with respect to the Federated States of Policy Regarding U.S.-FSM Article I—Self-Government. Micronesia and signed by the United States Compact and U.S.-RMI Com- Article II—Foreign Affairs. and the Government of the Federated States pact. Article III—Communications. of Micronesia and set forth in Title II (sec- (a) Human Rights. Article IV—Immigration. tion 201(a)) of this joint resolution, is hereby (b) Immigration and Passport Security. Article V—Representation. approved, and Congress hereby consents to (c) Nonalienation of Lands. Article VI—Environmental Protection. the subsidiary agreements and amended sub- (d) Nuclear Waste Disposal. Article VII—General Legal Provisions. sidiary agreements listed in section 462 of (e) Impact of Compacts on the State of Ha- the U.S.-FSM Compact. Subject to the provi- TITLE TWO—ECONOMIC RELATIONS waii, Guam, the Commonwealth of the sions of this joint resolution, the President Northern Mariana Islands and American Article I—Grant Assistance. is authorized to agree, in accordance with Samoa; Related Authorization and Con- Article II—Services and Program Assistance. section 411 of the U.S.-FSM Compact, to an tinuing Appropriation. Article III—Administrative Provisions. effective date for and thereafter to imple- (f) Foreign Loans. Article IV—Trade. ment such U.S.-FSM Compact. (g) Sense of Congress Concerning Funding of Article V—Finance and Taxation. (b) REPUBLIC OF THE MARSHALL ISLANDS.— Public Infrastructure. TITLE THREE—SECURITY AND DEFENSE The Compact of Free Association, as amend- (h) Reports and Reviews. RELATIONS ed with respect to the Republic of the Mar- (i) Construction of Section 141(f). Article I—Authority and Responsibility. shall Islands and signed by the United States (j) Construction of Section 216 of the U.S.- Article II—Defense Facilities and Operating and the Government of the Republic of the FSM Compact. Rights. Marshall Islands and set forth in Title II (k) Construction of Section 217 of the U.S.- Article III—Defense Treaties and Inter- (section 201(b)) of this joint resolution, is RMI Compact. national Security Agreements. hereby approved, and Congress hereby con- (l) Inflation Adjustment. Article IV—Service in Armed Forces of the sents to the subsidiary agreements and (m) Promotion of Telecommunications. United States. amended subsidiary agreements listed in sec- (n) Participation by Secondary Schools in Article V—General Provisions. tion 462 of the U.S.-RMI Compact. Subject to the Armed Services Vocational Aptitude the provisions of this joint resolution, the TITLE FOUR—GENERAL PROVISIONS Battery (ASVAB) Student Testing Program. President is authorized to agree, in accord- Sec. 105. Supplemental Provisions. Article I—Approval and Effective Date. ance with section 411 of the U.S.-RMI Com- (a) Domestic Program Requirements. Article II—Conference and Dispute Resolu- pact, to an effective date for and thereafter (b) Relations With the Federated States of tion. to implement such U.S.-RMI Compact. Micronesia and the Republic of the Marshall Article III—Amendment. (c) REFERENCES TO THE COMPACT, THE U.S.- Islands. Article IV—Termination. FSM COMPACT, AND THE U.S.-RMI COMPACT; (c) Continuing Trust Territory Authoriza- Article V—Survivability. REFERENCES TO SUBSIDIARY AGREEMENTS OR tion. Article VI—Definition of Terms. SEPARATE AGREEMENTS.— (d) Survivability. Article VII—Concluding Provisions. (1) Any reference in this joint resolution (e) Noncompliance Sanctions; Actions In- (b) Compact of Free Association, as amend- (except references in Title II) to ‘‘the Com- compatible With United States Authority. ed, between the Government of the United pact’’ shall be treated as a reference to the

VerDate jul 14 2003 05:31 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.143 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14187 Compact of Free Association set forth in referred to in section 462(a)(1) of the U.S.- (B) The Comptroller General (and his duly title II of Public Law 99–239, January 14, 1986, FSM Compact and section 462(a)(4) of the authorized representatives) shall also have 99 Stat. 1770. Any reference in this joint reso- U.S.-RMI Compact shall be deemed to be a authority to review any audit conducted by lution to the ‘‘U.S.-FSM Compact’’ shall be bilateral agreement between the United or on behalf of the Government of the United treated as a reference to the Compact of Free States and each other party to such sub- States. In this connection, the Comptroller Association, as amended between the Gov- sidiary agreement. The consent or concur- General shall have access to such personnel ernment of the United States of America and rence of any other party shall not be re- and to such records, documents, working pa- the Government of the Federated States of quired for the effectiveness of any actions pers, automated data and files, and other in- Micronesia and set forth in Title II (section taken by the United States in conjunction formation relevant to such review. 201(a)) of this joint resolution. Any reference with either the Federated States of Micro- (2) COMPTROLLER GENERAL ACCESS TO in this joint resolution to the ‘‘U.S.-RMI nesia or the Republic of the Marshall Islands RECORDS.— Compact’’ shall be treated as a reference to which are intended to affect the implementa- (A) In carrying out paragraph (1), the the Compact of Free Association, as amend- tion, modification, suspension, or termi- Comptroller General (and his duly author- ed between the Government of the United nation of such subsidiary agreement (or any ized representatives) shall have such access States of America and the Government of provision thereof) as regards the mutual re- to the personnel and (without cost) to the Republic of the Marshall Islands and set sponsibilities of the United States and the records, documents, working papers, auto- forth in Title II (section 201(b)) of this joint party in conjunction with whom the actions mated data and files, and other information resolution. are taken. relevant to such audits. The Comptroller (2) Any reference to the term ‘‘subsidiary (f) ENTRY INTO FORCE OF FUTURE AMEND- General may duplicate any such records, agreements’’ or ‘‘separate agreements’’ in MENTS TO SUBSIDIARY AGREEMENTS.—No documents, working papers, automated data this joint resolution shall be treated as a ref- agreement between the United States and and files, or other information relevant to erence to agreements listed in section 462 of the government of either the Federated such audits. the U.S.-FSM Compact and the U.S.-RMI States of Micronesia or the Republic of the (B) Such records, documents, working pa- Compact, and any other agreements that the Marshall Islands which would amend, pers, automated data and files, and other in- United States may from time to time enter change, or terminate any subsidiary agree- formation regarding each such grant or into with either the Government of the Fed- ment or portion thereof, other than those set other assistance shall be maintained for at erated States of Micronesia or the Govern- forth in subsection (d) of this section shall ment of the Republic of the Marshall Islands, least five years after the date such grant or enter into force until 90 days after the Presi- assistance was provided and in a manner or with both such governments in accord- dent has transmitted such agreement to the ance with the provisions of the U.S.-FSM that permits such grants, assistance, and President of the Senate and the Speaker of payments to be accounted for distinct from Compact and the U.S.-RMI Compact. the House of Representatives together with MENDMENT, CHANGE, OR TERMINATION any other funds of the Government of the (d) A an explanation of the agreement and the rea- IN THE U.S.-FSM COMPACT AND U.S.-RMI Federated States of Micronesia. sons therefor. In the case of the agreement COMPACT AND CERTAIN AGREEMENTS.— (3) STATUS OF COMPTROLLER GENERAL REP- referred to in section 462(b)(3) of the U.S.- (1) Any amendment, change, or termi- RESENTATIVES.—The Comptroller General FSM Compact and the U.S.-RMI Compact, nation by mutual agreement or by unilateral and his duly authorized representatives shall such transmittal shall include a specific action of the Government of the United be immune from civil and criminal process statement by the Secretary of Labor as to States of all or any part of the U.S.-FSM relating to words spoken or written and all the necessity of such amendment, change, or Compact or U.S.-RMI Compact shall not acts performed by them in their official ca- termination, and the impact thereof. enter into force until after Congress has in- pacity and falling within their functions, ex- corporated it in an Act of Congress. SEC. 102. AGREEMENTS WITH FEDERATED cept insofar as such immunity may be ex- STATES OF MICRONESIA. (2) The provisions of paragraph (1) shall pressly waived by the Government of the (a) LAW ENFORCEMENT ASSISTANCE.—Pursu- apply— United States. The Comptroller General and ant to sections 222 and 224 of the U.S.-FSM (A) to all actions of the Government of the his duly authorized representatives shall not Compact, the United States shall provide United States under the U.S.-FSM Compact be liable to arrest or detention pending trial, non-reimbursable technical and training as- or U.S.-RMI Compact including, but not lim- except in the case of a grave crime and pur- sistance as appropriate, including training ited to, actions taken pursuant to sections suant to a decision by a competent judicial and equipment for postal inspection of illicit 431, 441, or 442; authority, and such persons shall enjoy im- drugs and other contraband, to enable the (B) to any amendment, change, or termi- munity from seizure of personal property, Government of the Federated States of Mi- nation in the Agreement Between the Gov- immigration restrictions, and laws relating cronesia to develop and adequately enforce ernment of the United States and the Gov- to alien registration, fingerprinting, and the laws of the Federated States of Micronesia ernment of the Federated States of Micro- registration of foreign agents. Such persons and to cooperate with the United States in nesia Regarding Friendship, Cooperation and shall enjoy the same taxation exemptions as the enforcement of criminal laws of the Mutual Security Concluded Pursuant to Sec- are set forth in Article 34 of the Vienna Con- United States. Funds appropriated pursuant tions 321 and 323 of the Compact of Free As- vention on Diplomatic Relations. The privi- to section 105(j) of this title may be used to sociation referred to in section 462(a)(2) of leges, exemptions and immunities accorded reimburse State or local agencies providing the U.S.-FSM Compact and the Agreement under this paragraph are not for the personal such assistance. Between the Government of the United benefit of the individuals concerned but are (b) AGREEMENT ON AUDITS.—The Comp- States and the Government of the Marshall to safeguard the independent exercise of troller General (and his duly authorized rep- Islands Regarding Mutual Security Con- their official functions. Without prejudice to resentatives) shall have the authorities nec- cluded Pursuant to Sections 321 and 323 of those privileges, exemptions and immuni- essary to carry out his responsibilities under the Compact of Free Association referred to ties, it is the duty of all such persons to re- section 232 of the U.S.-FSM Compact and the in section 462(a)(5) of the U.S.-RMI Compact; spect the laws and regulations of the Govern- agreement referred to in section 462(b)(4) of (C) to any amendment, change, or termi- ment of the Federated States of Micronesia. the U.S.-FSM Compact, including the fol- nation of the agreements concluded pursuant (4) AUDITS DEFINED.—As used in this sub- lowing authorities: to Compact section 177, and section 215(a) of section, the term ‘‘audits’’ includes finan- (1) GENERAL AUTHORITY OF THE COMP- the U.S.-FSM Compact and section 216(a) of cial, program, and management audits, in- TROLLER GENERAL TO AUDIT.— the U.S.-RMI Compact, the terms of which cluding determining— (A) The Comptroller General of the United are incorporated by reference into the U.S.- (A) whether the Government of the Fed- States (and his duly authorized representa- FSM Compact and the U.S.-RMI Compact; erated States of Micronesia has met the re- tives) shall have the authority to audit— and quirements set forth in the U.S.-FSM Com- (i) all grants, program assistance, and (D) to the following subsidiary agreements, pact, or any related agreement entered into other assistance provided to the Government or portions thereof: under the U.S.-FSM Compact, regarding the of the Federated States of Micronesia under (i) Articles III, IV, and X of the agreement purposes for which such grants and other as- Articles I and II of Title Two of the U.S.- referred to in section 462(b)(6) of the U.S.- sistance are to be used; and FSM Compact; and RMI Compact: (B) the propriety of the financial trans- (ii) any other assistance provided by the (ii) Article III and IV of the agreement re- actions of the Government of the Federated Government of the United States to the Gov- ferred to in section 462(b)(6) of the U.S.-FSM States of Micronesia pursuant to such grants ernment of the Federated States of Micro- Compact. or assistance. nesia. (iii) Articles VI, XV, and XVII of the agree- (5) COOPERATION BY FEDERATED STATES OF ment referred to in section 462(b)(7) of the Such authority shall include authority for MICRONESIA.—The Government of the Fed- U.S.-FSM Compact and U.S.-RMI Compact. the Comptroller General to conduct or cause erated States of Micronesia will cooperate (e) SUBSIDIARY AGREEMENTS DEEMED BI- to be conducted any of the audits provided fully with the Comptroller General of the LATERAL.—For purposes of implementation for in section 232 of the U.S.-FSM Compact. United States in the conduct of such audits of the U.S.-FSM Compact and the U.S.-RMI The authority provided in this paragraph as the Comptroller General determines nec- Compact and this joint resolution, the shall continue for at least three years after essary to enable the Comptroller General to Agreement Concluded Pursuant to Section the last such grant has been made or assist- fully discharge his responsibilities under this 234 of the Compact of Free Association and ance has been provided. joint resolution.

VerDate jul 14 2003 05:31 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.143 S06PT1 S14188 CONGRESSIONAL RECORD — SENATE November 6, 2003

SEC. 103. AGREEMENTS WITH AND OTHER PROVI- of Article II of Title Four of the Compact. (f) DOE RADIOLOGICAL HEALTH CARE PRO- SIONS RELATED TO THE REPUBLIC Pending the resolution of such a dispute and GRAM; USDA AGRICULTURAL AND FOOD PRO- OF THE MARSHALL ISLANDS. until a qualified Fund Manager has been des- GRAMS.— (a) LAW ENFORCEMENT ASSISTANCE.—Pursu- ignated, the Government of the Marshall Is- (1) MARSHALL ISLANDS PROGRAM.—Notwith- ant to sections 222 and 224 of the U.S.-RMI lands shall place the funds paid by the standing any other provision of law, upon Compact, the United States shall provide United States pursuant to Article I of the the request of the Government of the Repub- non-reimbursable technical and training as- Section 177 Agreement into an interest-bear- lic of the Marshall Islands, the President (ei- sistance as appropriate, including training ing escrow account. Upon designation of a ther through an appropriate department or and equipment for postal inspection of illicit qualified Fund Manager, all funds in the es- agency of the United States or by contract drugs and other contraband, to enable the crow account shall be transferred to the con- with a United States firm) shall continue to Government of the Marshall Islands to de- trol of such Fund Manager for management provide special medical care and logistical velop and adequately enforce laws of the pursuant to the Section 177 Agreement. support thereto for the remaining members Marshall Islands and to cooperate with the (3) In the joint resolution of January 14, of the population of Rongelap and Utrik who United States in the enforcement of criminal 1986 (Public Law 99–239) Congress provided were exposed to radiation resulting from the laws of the United States. Funds appro- that if the Government of the Marshall Is- 1954 United States thermo-nuclear ‘‘Bravo’’ priated pursuant to section 105(j) of this title lands determines that some other invest- test, pursuant to Public Laws 95–134 and 96– may be used to reimburse State or local ment firm should act as Fund Manager in 205. agencies providing such assistance. (b) EJIT.— place of the firm first (or subsequently) se- (2) AGRICULTURAL AND FOOD PROGRAMS.— (1) In the joint resolution of January 14, lected by such Government, the Government (A) IN GENERAL.—In the joint resolution of 1986 (Public Law 99–239) Congress provided of the Marshall Islands shall so notify the January 14, 1986 (Public Law 99–239) Congress that the President of the United States shall President of the United States, identifying provided that notwithstanding any other negotiate with the Government of the Mar- the firm selected by such Government to be- provision of law, upon the request of the shall Islands an agreement whereby, without come Fund Manager, and the President shall Government of the Marshall Islands, for the prejudice as to any claims which have been proceed to evaluate the qualifications of first fifteen years after the effective date of or may be asserted by any party as to right- such identified firm. the Compact, the President (either through ful title and ownership of any lands on Ejit, (4) In the joint resolution of January 14, an appropriate department or agency of the the Government of the Marshall Islands shall 1986 (Public Law 99–239) Congress provided United States or by contract with a United assure that lands on Ejit used as of January that at the end of 15 years after the effective States firm or by a grant to the Government 1, 1985, by the people of Bikini, will continue date of the Compact, the firm then acting as of the Republic of the Marshall Islands which to be available without charge for their use, Fund Manager shall transfer to the Govern- may further contract only with a United until such time as Bikini is restored and in- ment of the Marshall Islands, or to such ac- States firm or a Republic of the Marshall Is- habitable and the continued use of Ejit is no count as such Government shall so notify lands firm, the owners, officers and majority longer necessary, unless a Marshall Islands the Fund Manager, all remaining funds and of the employees of which are citizens of the court of competent jurisdiction finally deter- assets being managed by the Fund Manager United States or the Republic of the Mar- mines that there are legal impediments to under the Section 177 Agreement. shall Islands) shall provide technical and other assistance— continued use of Ejit by the people of Bikini. (d) NUCLEAR TEST EFFECTS.—In the joint (2) In the joint resolution of January 14, resolution of January 14, 1986 (Public Law 99– (i) without reimbursement, to continue the planting and agricultural maintenance pro- 1986 (Public Law 99–239) Congress provided 239) Congress provided that in approving the gram on Enewetak, as provided in subpara- that if the impediments described in para- Compact, the Congress understands and in- graph (C); and graph (1) do arise, the United States will co- tends that the peoples of Bikini, Enewetak, (ii) without reimbursement, to continue operate with the Government of the Mar- Rongelap, and Utrik, who were affected by the food programs of the Bikini and shall Islands in assisting any person ad- the United States nuclear weapons testing Enewetak people described in section 1(d) of versely affected by such judicial determina- program in the Marshall Islands, will receive tion to remain on Ejit, or in locating suit- Article II of the Subsidiary Agreement for the amounts of $75,000,000 (Bikini); $48,750,000 the Implementation of Section 177 of the able and acceptable alternative lands for (Enewetak); $37,500,000 (Rongelap); and such person’s use. Compact and for continued waterborne $22,500,000 (Utrik), respectively, which transportation of agricultural products to (3) In the joint resolution of January 14, amounts shall be paid out of proceeds from 1986 (Public Law 99–239) Congress provided Enewetak including operations and mainte- the fund established under Article I, section nance of the vessel used for such purposes. that paragraph (1) shall not be applied in a 1 of the subsidiary agreement for the imple- manner which would prevent the Govern- (B) POPULATION CHANGES.—The President mentation of section 177 of the Compact. The shall ensure the assistance provided under ment of the Marshall Islands from acting in amounts specified in this subsection shall be accordance with its constitutional processes these programs reflects the changes in the in addition to any amounts which may be to resolve title and ownership claims with population since the inception of such pro- awarded to claimants pursuant to Article IV respect to such lands or from taking sub- grams. of the subsidiary agreement for the imple- stitute or additional measures to meet the (C) PLANTING AND AGRICULTURAL MAINTE- mentation of Section 177 of the Compact. needs of the people of Bikini with their NANCE PROGRAM.— democratically expressed consent and ap- (e) ESPOUSAL PROVISIONS.— (i) IN GENERAL.—The planting and agricul- proval. (1) In the joint resolution of January 14, tural maintenance program on Enewetak (c) SECTION 177 AGREEMENT.— 1986 (Public Law 99–239) Congress provided shall be funded at a level of not less than (1) In the joint resolution of January 14, that it is the intention of the Congress of the $1,300,000 per year, as adjusted for inflation 1986 (Public Law 99–239) Congress provided United States that the provisions of section under section 218 of the U.S.-RMI Compact. that in furtherance of the purposes of Article 177 of the Compact of Free Association and (ii) AUTHORIZATION AND CONTINUING APPRO- I of the Subsidiary Agreement for Implemen- the Agreement between the Government of PRIATION.—There is hereby authorized and tation of Section 177 of the Compact, the the United States and the Government of the appropriated to the Secretary of the Inte- payment of the amount specified therein Marshall Islands for the Implementation of rior, out of any funds in the Treasury not shall be made by the United States under Ar- Section 177 of the Compact (hereafter in this otherwise appropriated, to remain available ticle I of the Agreement between the Govern- subsection referred to as the ‘‘Section 177 until expended, for each fiscal year from 2004 ment of the United States and the Govern- Agreement’’) constitute a full and final set- through 2023, $1,300,000, as adjusted for infla- ment of the Marshall Islands for the Imple- tlement of all claims described in Articles X tion under section 218 of the U.S.-RMI Com- mentation of section 177 of the Compact and XI of the Section 177 Agreement, and pact, for grants to carry out the planting and (hereafter in this subsection referred to as that any such claims be terminated and agricultural maintenance program. the ‘‘Section 177 Agreement’’) only after the barred except insofar as provided for in the (3) PAYMENTS.—In the joint resolution of Government of the Marshall Islands has no- Section 177 Agreement. January 14, 1986 (Public Law 99–239) Congress tified the President of the United States as (2) In the joint resolution of January 14, provided that payments under this sub- to which investment management firm has 1986 (Public Law 99–239) Congress provided section shall be provided to such extent or in been selected by such Government to act as that in furtherance of the intention of Con- such amounts as are necessary for services Fund Manager under Article I of the Section gress as stated in paragraph (1) of this sub- and other assistance provided pursuant to 177 Agreement. section, the Section 177 Agreement is hereby this subsection. It is the sense of Congress (2) In the joint resolution of January 14, ratified and approved. It is the explicit un- that after the periods of time specified in 1986 (Public Law 99–239) Congress provided derstanding and intent of Congress that the paragraphs (1) and (2) of this subsection, con- that in the event that the President deter- jurisdictional limitations set forth in Article sideration will be given to such additional mines that an investment management firm XII of such Agreement are enacted solely funding for these programs as may be nec- selected by the Government of the Marshall and exclusively to accomplish the objective essary. Islands does not meet the requirements spec- of Article X of such Agreement and only as (g) RONGELAP.— ified in Article I of the Section 177 Agree- a clarification of the effect of Article X, and (1) In the joint resolution of January 14, ment, the United States shall invoke the are not to be construed or implemented sepa- 1986 (Public Law 99–239) Congress provided conference and dispute resolution procedures rately from Article X. that because Rongelap was directly affected

VerDate jul 14 2003 05:31 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.143 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14189

by fallout from a 1954 United States thermo- (h) FOUR ATOLL HEALTH CARE PROGRAM.— manager of the Enjebi Community Trust nuclear test and because the Rongelap people (1) In the joint resolution of January 14, Fund, or, should the manager of the remain unconvinced that it is safe to con- 1986 (Public Law 99–239) Congress provided Enewetak Fund not be acceptable to the peo- tinue to live on Rongelap Island, it is the in- that services provided by the United States ple of Enjebi, another United States invest- tent of Congress to take such steps (if any) Public Health Service or any other United ment manager with substantial experience in as may be necessary to overcome the effects States agency pursuant to section 1(a) of Ar- the administration of trusts and with funds of such fallout on the habitability of ticle II of the Agreement for the Implemen- under management in excess of $250,000,000. Rongelap Island, and to restore Rongelap Is- tation of Section 177 of the Compact (here- (2) MONITOR CONDITIONS.—In the joint reso- land, if necessary, so that it can be safely in- after in this subsection referred to as the lution of January 14, 1986 (Public Law 99–239) habited. Accordingly, it is the expectation of ‘‘Section 177 Agreement’’) shall be only for Congress provided that upon the request of the Congress that the Government of the services to the people of the Atolls of Bikini, the Government of the Marshall Islands, the Marshall Islands shall use such portion of Enewetak, Rongelap, and Utrik who were af- United States shall monitor the radiation the funds specified in Article II, section 1(e) fected by the consequences of the United and other conditions on Enjebi and within of the subsidiary agreement for the imple- States nuclear testing program, pursuant to one year of receiving such a request shall re- mentation of section 177 of the Compact as the program described in Public Law 95–134 port to the Government of the Marshall Is- are necessary for the purpose of contracting (91 Stat. 1159) and Public Law 96–205 (94 Stat. lands when the people of Enjebi may resettle with a qualified scientist or group of sci- 84) and their descendants (and any other per- Enjebi under circumstances where the radio- entists to review the data collected by the sons identified as having been so affected if active contamination at Enjebi, including Department of Energy relating to radiation such identification occurs in the manner de- contamination derived from consumption of levels and other conditions on Rongelap Is- scribed in such public laws). Nothing in this locally grown food products, can be reduced land resulting from the thermonuclear test. subsection shall be construed as prejudicial or otherwise controlled to meet whole body It is the expectation of the Congress that the to the views or policies of the Government of Federal radiation protection standards for Government of the Marshall Islands, after the Marshall Islands as to the persons af- the general population, including mean an- consultation with the people of Rongelap, fected by the consequences of the United nual dose and mean 30-year cumulative dose shall select the party to review such data, States nuclear testing program. standards. and shall contract for such review and for (2) In the joint resolution of January 14, (3) RESETTLEMENT OF ENJEBI.—In the joint submission of a report to the President of 1986 (Public Law 99–239) Congress provided resolution of January 14, 1986 (Public Law 99– the United States and the Congress as to the that at the end of the first year after the ef- 239) Congress provided that in the event that results thereof. fective date of the Compact and at the end of the United States determines that the people (2) In the joint resolution of January 14, each year thereafter, the providing agency or of Enjebi can within 25 years of January 14, 1986 (Public Law 99–239) Congress provided agencies shall return to the Government of 1986, resettle Enjebi under the conditions set that the purpose of the review referred to in the Marshall Islands any unexpended funds forth in paragraph (2) of this subsection, paragraph (1) of this subsection shall be to to be returned to the Fund Manager (as de- then upon such determination there shall be establish whether the data cited in support scribed in Article I of the Section 177 Agree- available to the people of Enjebi from the of the conclusions as to the habitability of ment) to be covered into the Fund to be Fund such amounts as are necessary for the Rongelap Island, as set forth in the Depart- available for future use. people of Enjebi to do the following, in ac- ment of Energy report entitled: ‘‘The Mean- (3) In the joint resolution of January 14, cordance with a plan developed by the ing of Radiation for Those Atolls in the 1986 (Public Law 99–239) Congress provided Enewetak Local Government Council and Northern Part of the Marshall Islands That that the Fund Manager shall retain the the people of Enjebi, and concurred with by the Government of the Marshall Islands to Were Surveyed in 1978’’, dated November funds returned by the Government of the 1982, are adequate and whether such conclu- assure consistency with the government’s Marshall Islands pursuant to paragraph (2) of sions are fully supported by the data. If the overall economic development plan: this subsection, shall invest and manage party reviewing the data concludes that such (A) Establish a community on Enjebi Is- such funds, and at the end of 15 years after conclusions as to habitability are fully sup- land for the use of the people of Enjebi. the effective date of the Compact, shall ported by adequate data, the report to the (B) Replant Enjebi with appropriate food- make from the total amount so retained and President of the United States and the Con- bearing and other vegetation. the proceeds thereof annual disbursements gress shall so state. If the party reviewing (4) RESETTLEMENT OF OTHER LOCATION.—In sufficient to continue to make payments for the data concludes that the data are inad- the joint resolution of January 14, 1986 (Pub- the provision of health services as specified equate to support such conclusions as to lic Law 99–239) Congress provided that in the in paragraph (1) of this subsection to such habitability or that such conclusions as to event that the United States determines habitability are not fully supported by the extent as may be provided in contracts be- that within 25 years of January 14, 1986, the data, the Government of the Marshall Is- tween the Government of the Marshall Is- people of Enjebi cannot resettle Enjebi with- lands shall contract with an appropriate sci- lands and appropriate United States pro- out exceeding the radiation standards set entist or group of scientists to undertake a viders of such health services. forth in paragraph (2) of this subsection, (i) ENJEBI COMMUNITY TRUST FUND.—In the complete survey of radiation and other ef- then the fund manager shall be directed by joint resolution of January 14, 1986 (Public fects of the nuclear testing program relating the trust instrument to distribute the Fund Law 99–239) Congress provided that notwith- to the habitability of Rongelap Island. Such standing any other provision of law, the Sec- to the people of Enjebi for their resettlement sums as are necessary for such survey and re- retary of the Treasury shall establish on the at some other location in accordance with a port concerning the results thereof and as to books of the Treasury of the United States a plan, developed by the Enewetak Local Gov- steps needed to restore the habitability of fund having the status specified in Article V ernment Council and the people of Enjebi Rongelap Island are authorized to be made of the subsidiary agreement for the imple- and concurred with by the Government of available to the Government of the Marshall mentation of Section 177 of the Compact, to the Marshall Islands, to assure consistency Islands. be known as the ‘‘Enjebi Community Trust with the government’s overall economic de- (3) In the joint resolution of January 14, Fund’’ (hereafter in this subsection referred velopment plan. 1986 (Public Law 99–239) Congress provided to as the ‘‘Fund’’), and shall credit to the (5) INTEREST FROM FUND.—In the joint reso- that it is the intent of Congress that such Fund the amount of $7,500,000. Such amount, lution of January 14, 1986 (Public Law 99–239) steps (if any) as are necessary to restore the which shall be ex gratia, shall be in addition Congress provided that prior to and during habitability of Rongelap Island and return to and not charged against any other funds the distribution of the corpus of the Fund the Rongelap people to their homeland will provided for in the Compact and its sub- pursuant to paragraphs (3) and (4) of this be taken by the United States in consulta- sidiary agreements, this joint resolution, or subsection, the people of Enjebi may, if they tion with the Government of the Marshall Is- any other Act. Upon receipt by the President so request, receive the interest earned by the lands and, in accordance with its authority of the United States of the agreement de- Fund on no less frequent a basis than quar- under the Constitution of the Marshall Is- scribed in this subsection, the Secretary of terly. lands, the Rongelap local government coun- the Treasury, upon request of the Govern- (6) DISCLAIMER OF LIABILITY.—In the joint cil. ment of the Marshall Islands, shall transfer resolution of January 14, 1986 (Public Law 99– (4) There are hereby authorized and appro- the Fund to the Government of the Marshall 239) Congress provided that neither under the priated to the Secretary of the Interior, out Islands, provided that the Government of the laws of the Marshall Islands nor under the of any funds in the Treasury not otherwise Marshall Islands agrees as follows: laws of the United States, shall the Govern- appropriated, to remain available until ex- (1) ENJEBI TRUST AGREEMENT.—In the joint ment of the United States be liable for any pended, for fiscal year 2005, $1,780,000; for fis- resolution of January 14, 1986 (Public Law 99– loss or damage to person or property in re- cal year 2006, $1,760,000; and for fiscal year 239) Congress provided that the Government spect to the resettlement of Enjebi by the 2007, $1,760,000, as the final contributions of of the Marshall Islands and the Enewetak people of Enjebi, pursuant to the provision of the United States to the Rongelap Resettle- Local Government Council, in consultation this subsection or otherwise. ment Trust Fund as established pursuant to with the people of Enjebi, shall provide for (j) BIKINI ATOLL CLEANUP.— Public Law 102–154 (105 Stat. 1009), for the the creation of the Enjebi Community Trust (1) DECLARATION OF POLICY.—In the joint purposes of establishing a food importation Fund and the employment of the manager of resolution of January 14, 1986 (Public Law 99– program as a part of the overall resettlement the Enewetak Fund established pursuant to 239), the Congress determined and declared program of Rongelap Island. the Section 177 Agreement as trustee and that it is the policy of the United States, to

VerDate jul 14 2003 05:31 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.143 S06PT1 S14190 CONGRESSIONAL RECORD — SENATE November 6, 2003

be supported by the full faith and credit of (3) STATUS OF COMPTROLLER GENERAL REP- (3) DISPOSITION OF INCREASED PAYMENTS the United States, that because the United RESENTATIVES.—The Comptroller General PENDING NEW LAND USE AGREEMENT.—Until States, through its nuclear testing and other and his duly authorized representatives shall such time as the Government of the Marshall activities, rendered Bikini Atoll unsafe for be immune from civil and criminal process Islands and the landowners of Kwajalein habitation by the people of Bikini, the relating to words spoken or written and all Atoll have concluded an agreement amend- United States will fulfill its responsibility acts performed by them in their official ca- ing or superseding the land use agreement for restoring Bikini Atoll to habitability, as pacity and falling within their functions, ex- reflecting the terms of and consistent with set forth in paragraph (2) and (3) of this sub- cept insofar as such immunity may be ex- the Military Use Operating Rights Agree- section. pressly waived by the Government of the ment dated October 19, 1982, any amounts (2) CLEANUP FUNDS.—The joint resolution United States. The Comptroller General and paid by the United States to the Government of January 14, 1986 (Public Law 99–239) au- his duly authorized representatives shall not of the Marshall Islands in excess of the thorized to be appropriated such sums as be liable to arrest or detention pending trial, amounts required to be paid pursuant to the necessary to implement the settlement except in the case of a grave crime and pur- land use agreement dated October 19, 1982, agreement of March 15, 1985, in The People of suant to a decision by a competent judicial shall be paid into, and held in, an interest Bikini, et al. against United States of Amer- authority, and such persons shall enjoy im- bearing escrow account in a United States fi- ica, et al., Civ. No. 84–0425 (D. Ha.). munity from seizure of personal property, nancial institution by the Government of the (3) CONDITIONS OF FUNDING.—In the joint immigration restrictions, and laws relating Republic of the Marshall Islands. At such resolution of January 14, 1986 (Public Law 99– to alien registration, fingerprinting, and the time, the funds and interest held in escrow 239) the Congress provided that the funds re- registration of foreign agents. Such persons shall be paid to the landowners of Kwajalein ferred to in paragraph (2) were to be made shall enjoy the same taxation exemptions as in accordance with the new land use agree- available pursuant to Article VI, Section 1 of are set forth in Article 34 of the Vienna Con- ment. If no such agreement is concluded by the Compact Section 177 Agreement upon vention on Diplomatic Relations. The privi- the date which is five years after the date of completion of the events set forth in the set- leges, exemptions and immunities accorded enactment of this resolution, then such tlement agreement referred to in paragraph under this paragraph are not for the personal funds and interest shall, unless otherwise (2) of this subsection. benefit of the individuals concerned but are mutually agreed between the Government of (k) AGREEMENT ON AUDITS.—The Comp- to safeguard the independent exercise of the United States of America and the Gov- troller General (and his duly authorized rep- their official functions. Without prejudice to ernment of the Republic of the Marshall Is- resentatives) shall have the authorities nec- those privileges, exemptions and immuni- lands, be returned to the U.S. Treasury. essary to carry out his responsibilities under ties, it is the duty of all such persons to re- (4) NOTIFICATIONS AND REPORT.— section 232 of the U.S.-RMI Compact and the spect the laws and regulations of the Govern- (A) The Government of the Republic of the agreement referred to in section 462(b)(4) of ment of the Republic of the Marshall Islands. Marshall Islands shall notify the Govern- the U.S.-RMI Compact, including the fol- (4) AUDITS DEFINED.—As used in this sub- ment of the United States of America when lowing authorities: section, the term ‘‘audits’’ includes finan- an agreement amending or superseding the cial, program, and management audits, in- (1) GENERAL AUTHORITY OF THE COMP- land use agreement dated October 19, 1982, is cluding determining— TROLLER GENERAL TO AUDIT.— concluded. (A) whether the Government of the Repub- (A) The Comptroller General of the United (B) If no agreement amending or super- lic of the Marshall Islands has met the re- States (and his duly authorized representa- seding the land use agreement dated October quirements set forth in the U.S.-RMI Com- tives) shall have the authority to audit— 19, 1982 is concluded by the date five years pact, or any related agreement entered into (i) all grants, program assistance, and after the date of enactment of this resolu- under the U.S.-RMI Compact, regarding the other assistance provided to the Government tion, then the President shall report to Con- purposes for which such grants and other as- of the Republic of the Marshall Islands under gress on the intentions of the United States sistance are to be used; and Articles I and II of Title Two of the U.S.-RMI with respect to the use of Kwajalein Atoll (B) the propriety of the financial trans- Compact; and after 2016, on any plans to relocate activities actions of the Government of the Republic of (ii) any other assistance provided by the carried out on Kwajalein Atoll, and on the the Marshall Islands pursuant to such grants Government of the United States to the Gov- or assistance. disposition of the funds and interest held in ernment of the Republic of the Marshall Is- escrow under paragraph (3). (5) COOPERATION BY THE REPUBLIC OF THE lands. (5) ASSISTANCE.—The President is author- MARSHALL ISLANDS.—The Government of the Such authority shall include authority for Republic of the Marshall Islands will cooper- ized to make loans and grants to the Govern- the Comptroller General to conduct or cause ate fully with the Comptroller General of the ment of the Marshall Islands to address the to be conducted any of the audits provided United States in the conduct of such audits special needs of the community at Ebeye, for in section 232 of the U.S.-RMI Compact. as the Comptroller General determines nec- Kwajalein Atoll, and other Marshallese com- The authority provided in this paragraph essary to enable the Comptroller General to munities within the Kwajalein Atoll, pursu- shall continue for at least three years after fully discharge his responsibilities under this ant to development plans adopted in accord- the last such grant has been made or assist- joint resolution. ance with applicable laws of the Marshall Is- ance has been provided. (l) KWAJALEIN.— lands. The loans and grants shall be subject (B) The Comptroller General (and his duly (1) STATEMENT OF POLICY.—It is the policy to such other terms and conditions as the authorized representatives) shall also have of the United States that payment of funds President, in the discretion of the President, authority to review any audit conducted by by the Government of the Marshall Islands may determine are appropriate. or on behalf of the Government of the United to the landowners of Kwajalein Atoll in ac- SEC. 104. INTERPRETATION OF AND UNITED States. In this connection, the Comptroller cordance with the land use agreement dated STATES POLICY REGARDING U.S.- General shall have access to such personnel October 19, 1982, or as amended or super- FSM COMPACT AND U.S.-RMI COM- PACT. and to such records, documents, working pa- seded, and any related allocation agree- (a) HUMAN RIGHTS.—In approving the U.S.- pers, automated data and files, and other in- ments, is required in order to ensure that the FSM Compact and the U.S.-RMI Compact, formation relevant to such review. Government of the United States will be able Congress notes the conclusion in the State- (2) COMPTROLLER GENERAL ACCESS TO to fulfill its obligation and responsibilities ment of Intent of the Report of The Future RECORDS.— under Title Three of the U.S.-RMI Compact Political Status Commission of the Congress (A) In carrying out paragraph (1), the and the subsidiary agreements concluded of Micronesia in July, 1969, that ‘‘our rec- Comptroller General (and his duly author- pursuant to the U.S.-RMI Compact. ommendation of a free associated state is in- ized representatives) shall have such access (2) FAILURE TO PAY.— dissolubly linked to our desire for such a to the personnel and (without cost) to (A) IN GENERAL.—If the Government of the democratic, representative, constitutional records, documents, working papers, auto- Marshall Islands fails to make payments in government’’ and notes that such desire and mated data and files, and other information accordance with paragraph (1), the Govern- intention are reaffirmed and embodied in the relevant to such audits. The Comptroller ment of the United States shall initiate pro- Constitutions of the Federated States of Mi- General may duplicate any such records, cedures under section 313 of the U.S.-RMI cronesia and the Republic of the Marshall Is- documents, working papers, automated data Compact and consult with the Government lands. Congress also notes and specifically and files, or other information relevant to of the Marshall Islands with respect to the endorses the preamble to the U.S.-FSM Com- such audits. basis for the nonpayment of funds. pact and the U.S.-RMI Compact, which af- (B) Such records, documents, working pa- (B) RESOLUTION.—The United States shall firms that the governments of the parties to pers, automated data and files, and other in- expeditiously resolve the matter of any non- the U.S.-FSM Compact and the U.S.-RMI formation regarding each such grant or payment of funds required under paragraph Compact are founded upon respect for human other assistance shall be maintained for at (1) pursuant to section 313 of the U.S.-RMI rights and fundamental freedoms for all. The least five years after the date such grant or Compact and the authority and responsi- Secretary of State shall include in the an- assistance was provided and in a manner bility of the Government of the United nual reports on the status of internationally that permits such grants, assistance and States for security and defense matters in or recognized human rights in foreign coun- payments to be accounted for distinct from relating to the Marshall Islands. This para- tries, which are submitted to Congress pur- any other funds of the Government of the graph shall be enforced, as may be necessary, suant to sections 116 and 502B of the Foreign Republic of the Marshall Islands. in accordance with section 105(e). Assistance Act of 1961, ‘‘22 U.S.C. 2151n, 2304’’

VerDate jul 14 2003 05:31 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.143 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14191 a full and complete report regarding the sta- citizenship and the Republic of the Marshall enumeration, from funds appropriated pursu- tus of internationally recognized human Islands citizenship, respectively. ant to the authorization contained in para- rights in the Federated States of Micronesia (d) NUCLEAR WASTE DISPOSAL.—In approv- graph (3) of this subsection. and the Republic of the Marshall Islands. ing the U.S.-FSM Compact and the U.S.-RMI (5) ALLOCATION.—The Secretary of the In- (b) IMMIGRATION AND PASSPORT SECURITY.— Compact, Congress understands that the terior shall allocate to the government of (1) NATURALIZED CITIZENS.—The rights of a Government of the Federated States of Mi- each affected jurisdiction, on the basis of the bona fide naturalized citizen of the Fed- cronesia and the Government of the Republic results of the most recent enumeration, erated States of Micronesia or the Republic of the Marshall Islands will not permit any grants in an aggregate amount equal to the of the Marshall Islands to enter the United other government or any nongovernmental total amount of funds appropriated under States, to lawfully engage therein in occupa- party to conduct, in the Republic of the Mar- paragraph (3) of this subsection, as reduced shall Islands or in the Federated States of tions, and to establish residence therein as a by any deductions authorized by subpara- Micronesia, any of the activities specified in nonimmigrant, to the extent such rights are graph (C) of paragraph (4) of this subsection, subsection (a) of section 314 of the U.S.-FSM provided under section 141 of the U.S.-FSM multiplied by a ratio derived by dividing the Compact and the U.S.-RMI Compact. Compact and U.S.-RMI Compact, shall not be number of qualified nonimmigrants in such (e) IMPACT OF THE U.S.-FSM COMPACT AND affected jurisdiction by the total number of deemed to extend to any such naturalized THE U.S.-RMI COMPACT ON THE STATE OF HA- citizen with respect to whom circumstances qualified nonimmigrants in all affected juris- WAII, GUAM, THE COMMONWEALTH OF THE dictions. associated with the acquisition of the status ORTHERN ARIANA SLANDS AND MERICAN N M I A (6) AUTHORIZATION FOR HEALTH CARE REIM- of a naturalized citizen are such as to allow SAMOA; RELATED AUTHORIZATION AND CON- BURSEMENT.—There are hereby authorized to a reasonable inference, on the part of appro- TINUING APPROPRIATION.— priate officials of the United States and sub- be appropriated to the Secretary of the Inte- (1) STATEMENT OF CONGRESSIONAL INTENT.— rior such sums as may be necessary to reim- ject to United States procedural require- In reauthorizing the U.S.-FSM Compact and ments, that such naturalized status was ac- burse health care institutions in the affected the U.S.-RMI Compact, it is not the intent of jurisdictions for costs resulting from the mi- quired primarily in order to obtain such Congress to cause any adverse consequences rights. gration of citizens of the Republic of the for an affected jurisdiction. Marshall Islands, the Federated States of Mi- (2) PASSPORTS.—It is the sense of Congress (2) DEFINITIONS.—For the purposes of this that up to $250,000 of the grant assistance cronesia and the Republic of Palau to the af- title— fected jurisdictions as a result of the imple- provided to the Federated States of Micro- (A) the term ‘‘affected jurisdiction’’ means mentation of the Compact of Free Associa- nesia pursuant to section 211(a)(4) of the American Samoa, Guam, the Commonwealth tion, approved by Public Law 99–239, or the U.S.-FSM Compact, and up to $250,000 of the of the Northern Mariana Islands, or the approval of the U.S.-FSM Compact and the grant assistance provided to the Republic of State of Hawaii; and U.S.-RMI Compact by this resolution. the Marshall Islands pursuant to section (B) the term ‘‘qualified nonimmigrant’’ (7) USE OF DOD MEDICAL FACILITIES AND NA- 211(a)(4) of the U.S.-RMI Compact (or a means a person, or their children under the TIONAL HEALTH SERVICE CORPS.— greater amount of the section 211(a)(4) grant, age of 18, admitted or resident pursuant to (A) DOD MEDICAL FACILITIES.—The Sec- if mutually agreed between the Government section 141 of the U.S.-RMI or U.S.-FSM retary of Defense shall make available, on a of the United States and the government of Compact, or section 141 of the Palau Com- space available and reimbursable basis, the the Federated States of Micronesia or the pact who, as of a date referenced in the most medical facilities of the Department of De- government of the Republic of the Marshall recently published enumeration is a resident fense for use by citizens of the Federated Islands), be used for the purpose of increas- of an affected jurisdiction. As used in this States of Micronesia and the Republic of the ing the machine-readability and security of subsection, the term ‘‘resident’’ shall be a Marshall Islands who are properly referred to passports issued by such jurisdictions. It is person who has a ‘‘residence,’’ as that term the facilities by government authorities re- further the sense of Congress that such funds is defined in section 101(a)(33) of the Immi- sponsible for provision of medical services in be obligated by September 30, 2004 and in the gration and Nationality Act, as amended. the Federated States of Micronesia, the Re- amount and manner specified by the Sec- (3) AUTHORIZATION AND CONTINUING APPRO- public of the Marshall Islands, the Republic retary of State in consultation with the Sec- PRIATION.—There is hereby authorized and of Palau and the affected jurisdictions. retary of Homeland Security and, respec- appropriated to the Secretary of the Inte- (B) NATIONAL HEALTH SERVICE CORPS.—The tively, with the government of the Federated rior, out of any funds in the Treasury not Secretary of Health and Human Services States of Micronesia and the government of otherwise appropriated, to remain available shall continue to make the services of the the Republic of the Marshall Islands. The until expended, for each fiscal year from 2004 National Health Service Corps available to United States Government is authorized to through 2023, $30,000,000 for grants to affected the residents of the Federated States of Mi- require that passports used for the purpose jurisdictions to aid in defraying costs in- cronesia and the Republic of the Marshall Is- of seeking admission under section 141 of the curred by affected jurisdictions as a result of lands to the same extent and for so long as U.S.-FSM Compact and the U.S.-RMI Com- increased demands placed on health, edu- such services are authorized to be provided pact contain the security enhancements cational, social, or public safety services or to persons residing in any other areas within funded by such assistance. infrastructure related to such services due to or outside the United States. (3) INFORMATION-SHARING.—It is the sense the residence in affected jurisdictions of (C) AUTHORIZATION OF APPROPRIATIONS.— of Congress that the governments of the Fed- qualified nonimmigrants from the Republic There are authorized to be appropriated to erated States of Micronesia and the Republic of the Marshall Islands, the Federated States carry out this paragraph such sums as are of the Marshall Islands develop, prior to Oc- of Micronesia, or the Republic of Palau. The necessary for each fiscal year. tober 1, 2004, the capability to provide reli- grants shall be— (8) REPORTING REQUIREMENT.—Not later able and timely information as may reason- (A) awarded and administered by the De- than one year after the date of enactment of ably be required by the Government of the partment of the Interior, Office of Insular this joint resolution, and at one year inter- United States in enforcing criminal and se- Affairs, or any successor thereto, in accord- vals thereafter, the Governors of Guam, the curity-related grounds of inadmissibility and ance with regulations, policies and proce- State of Hawaii, the Commonwealth of the deportability under the Immigration and Na- dures applicable to grants so awarded and Northern Mariana Islands, and American tionality Act, as amended, and shall provide administered, and Samoa may provide to the Secretary of the such information to the Government of the (B) used only for health, educational, so- Interior by February 1 of each year their United States. cial, or public safety services, or infrastruc- comments with respect to the impacts of the (4) TRANSITION; CONSTRUCTION OF SECTIONS ture related to such services, specifically af- Compacts on their respective jurisdiction. 141(a)(3) AND 141(a)(4) OF THE U.S.-FSM COMPACT fected by qualified nonimmigrants. The Secretary of the Interior, upon receipt AND U.S.-RMI COMPACT.—The words ‘‘the effec- (4) ENUMERATION.—The Secretary of the In- of any such comments, shall report to the tive date of this Compact, as amended’’ in terior shall conduct periodic enumerations Congress not later than May 1 of each year sections 141(a)(3) and 141(a)(4) of the U.S.- of qualified nonimmigrants in each affected to include the following: FSM Compact and the U.S.-RMI Compact jurisdiction. The enumerations— (A) The Governor’s comments on the im- shall be construed to read, ‘‘on the day prior (A) shall be conducted at such intervals as pacts of the Compacts as well as the Admin- to the enactment by the United States Con- the Secretary of the Interior shall deter- istration’s analysis of such impact. gress of the Compact of Free Association mine, but no less frequently than every five (B) Any adverse consequences resulting Amendments Act of 2003.’’. years, beginning in fiscal year 2003; from the Compacts and recommendations for (c) NONALIENATION OF LANDS.—Congress en- (B) shall be supervised by the United corrective action to eliminate those con- dorses and encourages the maintenance of States Bureau of the Census or such other sequences. the policies of the Government of the Fed- organization as the Secretary of the Interior (C) With regard to immigration, statistics erated States of Micronesia and the Govern- may select; and concerning the number of persons availing ment of the Republic of the Marshall Islands (C) after fiscal year 2003, shall be funded by themselves of the rights described in section to regulate, in accordance with their Con- the Secretary of the Interior by deducting 141(a) of the Compact during the year cov- stitutions and laws, the alienation of perma- such sums as are necessary, but not to ex- ered by each report. nent interests in real property so as to re- ceed $300,000 as adjusted for inflation pursu- (D) With regard to trade, an analysis of the strict the acquisition of such interests to ant to section 217 of the U.S. FSM Compact impact on the economy of American Samoa persons of Federated States of Micronesia with fiscal year 2003 as the base year, per resulting from imports of canned tuna into

VerDate jul 14 2003 05:31 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.143 S06PT1 S14192 CONGRESSIONAL RECORD — SENATE November 6, 2003

the United States from the Federated States the Federated States of Micronesia, and not (i) CONSTRUCTION OF SECTION 141(f).—Sec- of Micronesia, and the Republic of the Mar- less than 30 percent of the total amount of tion 141(f)(2) of the Compact of Free Associa- shall Islands. section 211 funds allocated to each of the tion, as amended, between the Government (9) RECONCILIATION OF UNREIMBURSED IM- States of the Federated States of Micronesia, of the United States of America and the Gov- PACT EXPENSES.— shall be invested in infrastructure improve- ernment of the Federated States of Micro- (A) IN GENERAL.—Notwithstanding any ments and maintenance in accordance with nesia and of the Compact of Free Associa- other provision of law, the President, to ad- section 211(a)(6). It is further the sense of tion, as amended, between the Government dress previously accrued and unreimbursed Congress that not less than 30 percent of the of the United States of America and the Gov- impact expenses, may at the request of the United States annual grant assistance pro- ernment of the Republic of the Marshall Is- Governor of Guam or the Governor of the vided under section 211 of the Compact of lands, shall be construed as though, after Commonwealth of the Northern Mariana Is- Free Association, as amended, between the ‘‘may by regulations prescribe’’, there were lands, reduce, release, or waive all or part of Government of the United States of America included the following: ‘‘, except that any any amounts owed by the Government of and the Government of the Republic of the such regulations that would have a signifi- Guam or the Government of the Common- Marshall Islands, shall be invested in infra- cant effect on the admission, stay and em- wealth of the Northern Mariana Islands (or structure improvements and maintenance in ployment privileges provided under this sec- either government’s autonomous agencies or accordance with section 211(d). tion shall not become effective until 90 days (h) REPORTS AND REVIEWS.— instrumentalities), respectively, to any de- after the date of transmission of the regula- (1) REPORT BY THE PRESIDENT.—Not later partment, agency, independent agency, of- tions to the Committee on Energy and Nat- than the end of the first full calendar year fice, or instrumentality of the United States. ural Resources and the Committee on the following enactment of this resolution, and (B) TERMS AND CONDITIONS.— Judiciary of the Senate and the Committee not later than December 31 of each year (i) SUBSTANTIATION OF IMPACT COSTS.—Not on Resources, the Committee on Inter- thereafter, the President shall report to Con- later than 120 days after the date of the en- national Relations, and the Committee on actment of this resolution, the Governor of gress regarding the Federated States of Mi- cronesia and the Republic of the Marshall Is- the Judiciary of the House of Representa- Guam and the Governor of the Common- tives’’. wealth of the Northern Mariana Islands shall lands, including but not limited to— (A) general social, political, and economic (j) INFLATION ADJUSTMENT.—As of Fiscal each submit to the Secretary of the Interior Year 2015, if the United States Gross Domes- a report, prepared in consultation with an conditions, including estimates of economic growth, per capita income, and migration tic Product Implicit Price Deflator average independent accounting firm, substantiating for Fiscal Years 2009 through 2013 is greater unreimbursed impact expenses claimed for rates; (B) the use and effectiveness of United than United States Gross Domestic Product the period from January 14, 1986, through Implicit Price Deflator average for Fiscal September 30, 2003. Upon request of the Sec- States financial, program, and technical as- sistance; Years 2004 through 2008 (as reported in the retary of the Interior, the Governor of Guam (C) the status of economic policy reforms Survey of Current Business or subsequent and the Governor of the Commonwealth of including but not limited to progress toward publication and compiled by the Department the Northern Mariana Islands shall submit establishing self-sufficient tax rates; of Interior), then section 217 of the U.S.-FSM to the Secretary of the Interior copies of all (D) the status of the efforts to increase in- Compact, paragraph 5 of Article II of the documents upon which the report submitted vestment including: the rate of infrastruc- U.S.-FSM Fiscal Procedures Agreement, sec- by that Governor under this clause was ture investment of U.S. financial assistance tion 218 of the U.S.-RMI Compact, and para- based. under the U.S.-FSM Compact and the U.S.- graph 5 of Article II of the U.S.-RMI Fiscal (ii) CONGRESSIONAL NOTIFICATION.—The RMI Compact; non-U.S. contributions to the Procedures Agreement shall be construed as President shall notify Congress of his intent trust funds, and the level of private invest- if ‘‘the full’’ appeared in place of ‘‘two-thirds to exercise the authority granted in subpara- ment; and of the’’ each place those words appear. If an graph (A). (E) recommendations on ways to increase inflation adjustment is made under this sub- (iii) CONGRESSIONAL REVIEW AND COM- the effectiveness of United States assistance section, the base year for calculating the in- MENT.—Any reduction, release, or waiver and to meet overall economic performance flation adjustment shall be fiscal year 2014. under this Act shall not take effect until 60 objectives, including, if appropriate, rec- (k) PARTICIPATION BY SECONDARY SCHOOLS days after the President notifies Congress of ommendations to Congress to adjust the in- IN THE ARMED SERVICES VOCATIONAL APTI- his intent to approve a request of the Gov- flation rate or to adjust the contributions to TUDE BATTERY (ASVAB) STUDENT TESTING ernor of Guam or the Governor of the Com- the Trust Funds based on non-U.S. contribu- PROGRAM.—In furtherance of the provisions monwealth of the Northern Mariana Islands. tions. of Title Three, Article IV, Section 341 of the In exercising his authority under this sec- (2) REVIEW.—During the year of the fifth, U.S.-FSM and the U.S.-RMI Compacts, the tion and in determining whether to give final tenth, and fifteenth anniversaries of the date purpose of which is to establish the privilege approval to a request, the President shall of enactment of this resolution, the Govern- to volunteer for service in the U.S. Armed take into consideration comments he may ment of the United States shall review the Forces, it is the sense of Congress that, to fa- receive after Congressional review. terms of the respective Compacts and con- cilitate eligibility of FSM and RMI sec- (iv) EXPIRATION.—The authority granted in sider the overall nature and development of ondary school students to qualify for such subparagraph (A) shall expire on February the U.S.-FSM and U.S.-RMI relationships in- service, the Department of Defense may ex- 28, 2005. cluding the topics set forth in subparagraphs tend the Armed Services Vocational Apti- (10) AUTHORIZATION OF APPROPRIATIONS FOR (A) through (E) of paragraph (1). In con- tude Battery (ASVAB) Student Testing Pro- GRANTS.—There are hereby authorized to the ducting the reviews, the Government of the gram (STP) and the ASVAB Career Explo- Secretary of the Interior for each of fiscal United States shall consider the operating ration Program to selected secondary years 2004 through 2023 such sums as may be requirements of the Government of the Fed- Schools in the FSM and the RMI to the ex- necessary for grants to the governments of erated States of Micronesia and the Govern- tent such programs are available to Depart- Guam, the State of Hawaii, the Common- ment of the Republic of the Marshall Islands ment of Defense Dependent Schools located wealth of the Northern Mariana Islands, and and their progress in meeting the develop- in foreign jurisdictions. American Samoa, as a result of increased de- ment objectives set forth in their respective SEC. 105. SUPPLEMENTAL PROVISIONS. mands placed on educational, social, or pub- development plans. The President shall in- (a) DOMESTIC PROGRAM REQUIREMENTS.— lic safety services or infrastructure related clude in the annual reports to Congress for Except as may otherwise be provided in this to service due to the presence in Guam, Ha- the years following the reviews the com- joint resolution, all United States Federal waii, the Commonwealth of the Northern ments of the Government of the Federated programs and services extended to or oper- Mariana Islands, and American Samoa of States of Micronesia and the Government of ated in the Federated States of Micronesia qualified nonimmigrants from the Federated the Republic of the Marshall Islands on the or the Republic of the Marshall Islands are States of Micronesia, the Republic of the topics described in this paragraph, the Presi- and shall remain subject to all applicable Marshall Islands, and the Republic of Palau. dent’s response to the comments, the find- criteria, standards, reporting requirements, (f) FOREIGN LOANS.—Congress hereby reaf- firms the United States position that the ings resulting from the reviews, and any rec- auditing procedures, and other rules and reg- United States Government is not responsible ommendations for actions to respond to such ulations applicable to such programs when for foreign loans or debt obtained by the findings. operating in the United States (including its Governments of the Federated States of Mi- (3) BY THE COMPTROLLER GENERAL.—Not territories and commonwealths). cronesia and the Republic of the Marshall Is- later than the date that is three years after (b) RELATIONS WITH THE FEDERATED lands. the date of enactment of this joint resolu- STATES OF MICRONESIA AND THE REPUBLIC OF (g) SENSE OF CONGRESS CONCERNING FUND- tion, and every 5 years thereafter, the Comp- THE MARSHALL ISLANDS.— ING OF PUBLIC INFRASTRUCTURE.—It is the troller General of the United States shall (1) Appropriations made pursuant to Arti- sense of Congress that not less than 30 per- submit to Congress a report on the Fed- cle I of Title Two and subsection (a)(2) of sec- cent of the United States annual grant as- erated States of Micronesia and the Republic tion 221 of article II of Title Two of the U.S.- sistance provided under section 211 of the of the Marshall Islands including the topics FSM Compact and the U.S.-RMI Compact Compact of Free Association, as amended, set forth in paragraphs (1) (A) through (E) shall be made to the Secretary of the Inte- between the Government of the United above, and on the effectiveness of adminis- rior, who shall have the authority necessary States of America and the Government of trative oversight by the United States. to fulfill his responsibilities for monitoring

VerDate jul 14 2003 05:31 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.144 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14193 and managing the funds so appropriated con- read as though the phrase, ‘‘the implementa- Fund Committee provided for in Article 7 of sistent with the U.S.-FSM Compact and the tion of economic policy reforms to encourage the U.S.-RMI Trust Fund Agreement imple- U.S.-RMI Compact, including the agree- investment and to achieve self-sufficient tax menting section 216 of the U.S.-RMI Compact ments referred to in section 462(b)(4) of the rates,’’ were inserted after ‘‘with particular shall be a non-profit corporation incor- U.S.-FSM Compact and U.S.-RMI Compact focus on those parts of the plan dealing with porated under the laws of the District of Co- (relating to Fiscal Procedures) and the the sectors identified in subsection (a) of sec- lumbia. To the extent that any law, rule, agreements referred to in section 462(b)(5) of tion 211’’. regulation or ordinance of the District of Co- the U.S.-FSM Compact and the U.S.-RMI (B) JOINT ECONOMIC MANAGEMENT AND FI- lumbia, or of any State or political subdivi- Compact (regarding the Trust Fund). NANCIAL ACCOUNTABILITY COMMITTEE.— sion thereof in which the Trust Fund Com- (2) Appropriations made pursuant to sub- (i) IN GENERAL.—The three United States mittee is incorporated or doing business, im- sections (a)(1) and (a)(3) through (6) of sec- appointees (United States chair plus two pedes or otherwise interferes with the per- tion 221 of Article II of Title Two of the U.S.- members) to the Joint Economic Manage- formance of the functions of the Trust Fund FSM Compact and subsection (a)(1) and (a)(3) ment and Financial Accountability Com- Committee pursuant to this joint resolution, through (5) of the U.S.-RMI Compact shall be mittee provided for in section 214 of the U.S.- such law, rule, regulation, or ordinance shall made directly to the agencies named in those RMI Compact and Article III of the U.S.-RMI be deemed to be preempted by this joint res- subsections. Fiscal Procedures Agreement referred to in olution. (3) Appropriations for services and pro- section 462(b)(4) of the U.S.-RMI Compact (c) CONTINUING TRUST TERRITORY AUTHOR- grams referred to in subsection (b) of section shall be United States Government officers IZATION.—The authorization provided by the 221 of Article II of Title Two of the U.S.-FSM or employees. Act of June 30, 1954, as amended (68 Stat. 330) Compact or U.S.-RMI Compact and appro- (ii) DEPARTMENTS.—It is the sense of Con- shall remain available after the effective priations for services and programs referred gress that 2 of the 3 appointees should be date of the Compact with respect to the Fed- to in sections 105(f) and 108(a) of this joint designated from the Department of State erated States of Micronesia and the Republic resolution shall be made to the relevant and the Department of the Interior, and that of the Marshall Islands for the following pur- agencies in accordance with the terms of the U.S. officials of the Asian Development Bank poses: appropriations for such services and pro- shall be consulted in order to properly co- (1) Prior to October 1, 1986, for any purpose grams. ordinate U.S. and Asian Development Bank authorized by the Compact or the joint reso- (4) Federal agencies providing programs financial, program, and technical assistance. lution of January 14, 1986 (Public Law 99– and services to the Federated States of Mi- (iii) ADDITIONAL SCOPE.—Section 214 of the 239). cronesia and the Republic of the Marshall Is- U.S.-RMI Compact shall be construed to read (2) Transition purposes, including but not lands shall coordinate with the Secretaries as though the phrase, ‘‘the implementation limited to, completion of projects and fulfill- of the Interior and State regarding provision of economic policy reforms to encourage in- ment of commitments or obligations; termi- of such programs and services. The Secre- vestment and to achieve self-sufficient tax nation of the Trust Territory Government taries of the Interior and State shall consult rates,’’ were inserted after ‘‘with particular and termination of the High Court; health with appropriate officials of the Asian Devel- focus on those parts of the framework deal- and education as a result of exceptional cir- opment Bank and with the Secretary of the ing with the sectors and areas identified in cumstances; ex gratia contributions for the Treasury regarding overall economic condi- subsection (a) of section 211’’. populations of Bikini, Enewetak, Rongelap, tions in the Federated States of Micronesia (8) OVERSIGHT AND COORDINATION.—It is the and Utrik; and technical assistance and and the Republic of the Marshall Islands and sense of Congress that the Secretary of State training in financial management, program regarding the activities of other donors of and the Secretary of the Interior shall en- administration, and maintenance of infra- assistance to the Federated States of Micro- sure that there are personnel resources com- structure. nesia and the Republic of the Marshall Is- mitted in the appropriate numbers and loca- (d) SURVIVABILITY.—In furtherance of the lands. tions to ensure effective oversight of United provisions of Title Four, Article V, sections (5) United States Government employees in States assistance, and effective coordination 452 and 453 of the U.S.-FSM Compact and the either the Federated States of Micronesia or of assistance among United States agencies U.S.-RMI Compact, any provisions of the the Republic of the Marshall Islands are sub- and with other international donors such as U.S.-FSM Compact or the U.S.-RMI Compact ject to the authority of the United States the Asian Development Bank. which remain effective after the termination Chief of Mission, including as elaborated in (9) The United States voting members of the U.S.-FSM Compact or U.S.-RMI Com- section 207 of the Foreign Service Act and (United States chair plus two or more mem- pact by the act of any party thereto and the President’s Letter of Instruction to the bers) of the Trust Fund Committee ap- which are affected in any manner by provi- United States Chief of Mission and any order pointed by the Government of the United sions of this title shall remain subject to or directive of the President in effect from States pursuant to Article 7 of the Trust such provisions. time to time. Fund Agreement implementing section 215 of (e) NONCOMPLIANCE SANCTIONS; ACTIONS IN- (6) INTERAGENCY GROUP ON FREELY ASSOCI- the U.S.-FSM Compact and referred to in COMPATIBLE WITH UNITED STATES AUTHOR- ATED STATES’ AFFAIRS.— section 462(b)(5) of the U.S.-FSM Compact ITY.—Congress expresses its understanding (A) IN GENERAL.—The President is hereby and any alternates designated by the Gov- that the Governments of the Federated authorized to appoint an Interagency Group ernment of the United States shall be United States of Micronesia and the Republic of the on Freely Associated States’ Affairs to pro- States Government officers or employees. Marshall Islands will not act in a manner in- vide policy guidance and recommendations The United States voting members (United compatible with the authority and responsi- on implementation of the U.S.-FSM Compact States chair plus two or more members) of bility of the United States for security and and the U.S.-RMI Compact to Federal de- the Trust Fund Committee appointed by the defense matters in or related to the Fed- partments and agencies. Government of the United States pursuant erated States of Micronesia or the Republic (B) SECRETARIES.—It is the sense of Con- to Article 7 of the Trust Fund Agreement of the Marshall Islands pursuant to the U.S.- gress that the Secretary of State and the implementing section 216 of the U.S.-RMI FSM Compact or the U.S.-RMI Compact, in- Secretary of the Interior shall be represented Compact and referred to in section 462(b)(5) cluding the agreements referred to in sec- on the Interagency Group. of the U.S.-RMI Compact and any alternates tions 462(a)(2) of the U.S.-FSM Compact and (7) UNITED STATES APPOINTEES TO JOINT designated by the Government of the United 462(a)(5) of the U.S.-RMI Compact. Congress COMMITTEES.— States shall be United States Government further expresses its intention that any such (A) JOINT ECONOMIC MANAGEMENT COM- officers or employees. It is the sense of Con- act on the part of either such Government MITTEE.— gress that the appointees should be des- will be viewed by the United States as a ma- (i) IN GENERAL.—The three United States ignated from the Department of State, the terial breach of the U.S.-FSM Compact or appointees (United States chair plus two Department of the Interior, and the Depart- U.S.-RMI Compact. The Government of the members) to the Joint Economic Manage- ment of the Treasury. United States reserves the right in the event ment Committee provided for in section 213 (10) The Trust Fund Committee provided of such a material breach of the U.S.-FSM of the U.S.-FSM Compact and Article III of for in Article 7 of the U.S.-FSM Trust Fund Compact by the Government of the Fed- the U.S.-FSM Fiscal Procedures Agreement Agreement implementing section 215 of the erated States of Micronesia or the U.S.-RMI referred to in section 462(b)(4) of the U.S.- U.S.-FSM Compact shall be a nonprofit cor- Compact by the Government of the Republic FSM Compact shall be United States Gov- poration incorporated under the laws of the of the Marshall Islands to take action, in- ernment officers or employees. District of Columbia. To the extent that any cluding (but not limited to) the suspension (ii) DEPARTMENTS.—It is the sense of Con- law, rule, regulation or ordinance of the Dis- in whole or in part of the obligations of the gress that 2 of the 3 appointees should be trict of Columbia, or of any State or polit- Government of the United States to that designated from the Department of State ical subdivision thereof in which the Trust Government. and the Department of the Interior, and that Fund Committee is incorporated or doing (f) CONTINUING PROGRAMS AND LAWS.— U.S. officials of the Asian Development Bank business, impedes or otherwise interferes (1) FEDERATED STATES OF MICRONESIA AND shall be consulted in order to properly co- with the performance of the functions of the REPUBLIC OF THE MARSHALL ISLANDS.—In ad- ordinate U.S. and Asian Development Bank Trust Fund Committee pursuant to this dition to the programs and services set forth financial, program, and technical assistance. joint resolution, such law, rule, regulation, in section 221 of the Compact, and pursuant (iii) ADDITIONAL SCOPE.—Section 213 of the or ordinance shall be deemed to be pre- to section 222 of the Compact, the programs U.S.-FSM Compact shall be construed to empted by this joint resolution. The Trust and services of the following agencies shall

VerDate jul 14 2003 05:31 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.144 S06PT1 S14194 CONGRESSIONAL RECORD — SENATE November 6, 2003 be made available to the Federated States of and the Federated States of Micronesia in territories, the Federated States of Micro- Micronesia and to the Republic of the Mar- accordance with the reconstruction plan. For nesia, or the Republic of the Marshall Is- shall Islands: purposes of Disaster Relief Fund appropria- lands on the date of enactment of this joint (A) CONTINUATION OF THE PROGRAMS AND tions, the funding of the activities to be car- resolution may continue to receive assist- SERVICES OF THE FEDERAL EMERGENCY MAN- ried out pursuant to this paragraph shall be ance under such subpart 3 of part A or part AGEMENT AGENCY.—Except as provided in deemed to be necessary expenses in carrying C, for not more than 4 academic years after clauses (ii) and (iii), the programs and serv- out the Robert T. Stafford Disaster Relief such date to enable such citizens to complete ices of the Department of Homeland Secu- and Emergency Assistance Act (42 U.S.C. their program of study. rity, Federal Emergency Management Agen- 5121 et seq). (iv) FISCAL PROCEDURES.—Appropriations cy shall continue to be available to the Fed- ‘‘DHS may provide to the Republic of the made pursuant to clause (iii) shall be used erated States of Micronesia and the Republic Marshall Islands and the Federated States of and monitored in accordance with an agree- of the Marshall Islands to the same extent as Micronesia preparedness grants to the extent ment between the Secretary of Education, such programs and services were available in that such assistance is available to the the Secretary of Labor, the Secretary of fiscal year 2003. States of the United States. Funding for this Health and Human Services, and the Sec- (i) Paragraph (a)(6) of section 221 of the assistance may be made available from ap- retary of the Interior, and in accordance U.S.-FSM Compact and paragraph (a)(5) of propriations made to DHS for preparedness with the respective Fiscal Procedures Agree- the U.S-RMI Compact shall each be con- activities.’’. ments referred to in section 462(b)(4) of the strued as though the paragraph reads as fol- (B) TREATMENT OF ADDITIONAL PROGRAMS.— U.S.-FSM Compact and section 462(b)(4) of lows: ‘‘the Department of Homeland Secu- (i) CONSULTATION.—The United States ap- the U.S.-RMI Compact. The agreement be- rity, United States Federal Emergency Man- pointees to the committees established pur- tween the Secretary of Education, the Sec- agement Agency.’’ suant to section 213 of the U.S.-FSM Com- retary of Labor, the Secretary of Health and (ii) Subsection (d) of section 211 of the U.S- pact and section 214 of the U.S.-RMI Com- Human Services, and the Secretary of the In- FSM Compact and subsection (e) of section pact shall consult with the Secretary of Edu- terior shall provide for the transfer, not 211 of the U.S-RMI Compact shall each be cation regarding the objectives, use, and later than 60 days after the appropriations construed as though the subsection reads as monitoring of United States financial, pro- made pursuant to clause (iii) become avail- follows: ‘‘Not more than $200,000 (as adjusted gram, and technical assistance made avail- able to the Secretary of Education, the Sec- for inflation pursuant to section 217 of the able for educational purposes. retary of Labor, and the Secretary of Health U.S.-FSM Compact and section 218 of the (ii) CONTINUING PROGRAMS.—The Govern- and Human Services, from the Secretary of U.S.-RMI Compact) shall be made available ment of the United States— Education, the Secretary of Labor, and the by the Secretary of the Interior to the De- (I) shall continue to make available to the Secretary of Health and Human Services, to partment of Homeland Security, Federal Federated States of Micronesia and the Re- the Secretary of the Interior for disburse- Emergency Management Agency to facili- public of the Marshall Islands for fiscal years ment. tate the activities of the Federal Emergency 2004 through 2023, the services to individuals (v) FORMULA EDUCATION GRANTS.—For fiscal Management Agency in accordance with and eligible for such services under the Individ- years 2005 through 2023, except as provided in to the extent provided in the Federal Pro- uals with Disabilities Education Act (20 clause (ii) and the exception provided under clause (iii), the Governments of the Fed- grams and Services Agreement.’’ U.S.C. 1400 et seq.) to the extent that such (iii) The Secretary of State, in consulta- erated States of Micronesia and the Republic services continue to be available to individ- tion with the Department of Homeland Secu- of the Marshall Islands shall not receive any uals in the United States; and rity and the Federal Emergency Manage- grant under any formula-grant program ad- (II) shall continue to make available to eli- ment Agency, shall immediately undertake ministered by the Secretary of Education or gible institutions in the Federated States of negotiations with the Government of the the Secretary of Labor, nor any grant pro- Micronesia and the Republic of the Marshall Federated States of Micronesia and the Gov- vided through the Head Start Act (42 U.S.C. Islands, and to students enrolled in such in- ernment of the Republic of the Marshall Is- 9831 et seq.) administered by the Secretary of stitutions, and in institutions in the United lands regarding disaster assistance and shall Health and Human Services. States and its territories, for fiscal years report to the appropriate committees of Con- (vi) TRANSITION.—For fiscal year 2004, the 2004 through 2023, grants under subpart 1 of gress no later than June 30, 2004, on the out- Governments of the Federated States of Mi- come of such negotiations, including rec- part A of title IV of the Higher Education cronesia and the Republic of the Marshall Is- ommendations for changes to law regarding Act of 1965 (20 U.S.C. 1070a et seq.) to the ex- lands shall continue to be eligible for appro- disaster assistance under the U.S.-FSM Com- tent that such grants continue to be avail- priations and to receive grants under the pact and the U.S.-RMI Compact, and includ- able to institutions and students in the provisions of law specified in clauses (ii) and ing subsidiary agreements as needed to im- United States. (iii). UPPLEMENTAL EDUCATION GRANTS plement such changes to law. If an agree- (iii) S .—In (vii) TECHNICAL ASSISTANCE.—The Fed- ment is not concluded, and legislation en- lieu of eligibility for appropriations under erated States of Micronesia and the Republic acted which reflects such agreement, before part A of title I of the Elementary and Sec- of the Marshall Islands may request tech- the date which is five years after the date of ondary Education Act of 1965 (20 U.S.C. 6311 nical assistance from the Secretary of Edu- enactment of this Joint Resolution, the fol- et seq.), title I of the Workforce Investment cation, the Secretary of Health and Human lowing provisions shall apply: Act of 1998 (29 U.S.C. 2801 et seq.), other than Services, or the Secretary of Labor the ‘‘Paragraph (a)(6) of section 221 of the U.S.- subtitle C of that Act (29 U.S.C. 2881 et seq.) terms of which, including reimbursement, FSM Compact and paragraph (a)(5) of section (Job Corps), title II of the Workforce Invest- shall be negotiated with the participation of 221 of the U.S.-RMI Compact shall each be ment Act of 1998 (20 U.S.C. 9201 et seq.; com- the appropriate cabinet officer for inclusion construed and applied as if each provision monly known as the Adult Education and in the Federal Programs and Services Agree- reads as follows: Family Literacy Act), title I of the Carl D. ment. ‘‘The U.S. Agency for International Devel- Perkins Vocational and Technical Education (viii) CONTINUED ELIGIBILITY FOR COMPETI- opment shall be responsible for the provision Act of 1998 (20 U.S.C. 2321 et seq.), the Head TIVE GRANTS.—The Governments of the Fed- of emergency and disaster relief assistance Start Act (42 U.S.C. 9831 et seq.), and subpart erated States of Micronesia and the Republic in accordance with its statutory authorities, 3 of part A, and part C, of title IV of the of the Marshall Islands shall continue to be regulations and policies. The Republic of the Higher Education Act of 1965 (20 U.S.C. 1070b eligible for competitive grants administered Marshall Islands and the Federated States of et seq., 42 U.S.C. 2751 et seq.), there are au- by the Secretary of Education, the Secretary Micronesia may additionally request that thorized to be appropriated to the Secretary of Health and Human Services, and the Sec- the President make an emergency or major of Education to supplement the education retary of Labor to the extent that such disaster declaration. If the President de- grants under section 211(a)(1) of the U.S.- grants continue to be available to State and clares an emergency or major disaster, the FSM Compact and section 211(a)(1) of the local governments in the United States. Department of Homeland Security (DHS), U.S.-RMI Compact, respectively, the fol- (ix) APPLICABILITY.—The Republic of Palau the Federal Emergency Management Agency lowing amounts: shall remain eligible for appropriations and (FEMA) and the U.S. Agency for Inter- (I) $12,230,000 for the Federated States of to receive grants under the provisions of law national Development shall jointly (a) assess Micronesia for fiscal year 2005 and an equiva- specified in clauses (ii) and (iii) until the end the damage caused by the emergency or dis- lent amount, as adjusted for inflation under of fiscal year 2007, to the extent the Republic aster and (b) prepare a reconstruction plan section 217 of the U.S.-FSM Compact, for of Palau was so eligible under such provi- including an estimate of the total amount of each of fiscal years 2005 through 2023; and sions in fiscal year 2003. Federal resources that are needed for recon- (II) $6,100,000 for the Republic of the Mar- (C) The Legal Services Corporation. struction. Pursuant to an interagency agree- shall Islands for fiscal year 2005 and an (D) The Public Health Service. ment, FEMA shall transfer funds from the equivalent amount, as adjusted for inflation (E) The Rural Housing Service (formerly, Disaster Relief Fund in the amount of the es- under section 218 of the U.S.-RMI Compact, the Farmers Home Administration) in the timate, together with an amount to be deter- for each of fiscal years 2005 through 2023, Marshall Islands and each of the four States mined for administrative expenses, to the except that citizens of the Federated States of the Federated States of Micronesia: Pro- U.S. Agency for International Development, of Micronesia and the Republic of the Mar- vided, That in lieu of continuation of the pro- which shall carry out reconstruction activi- shall Islands who attend an institution of gram in the Federated States of Micronesia, ties in the Republic of the Marshall Islands higher education in the United States or its the President may agree to transfer to the

VerDate jul 14 2003 05:31 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.144 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14195 Government of the Federated States of Mi- local government. Such assistance by the States, unless the judgment is consistent cronesia without cost, the portfolio of the Forest Service, the Natural Resources Con- with the interpretation by the United States Rural Housing Service applicable to the Fed- servation Service, the Fish and Wildlife of international agreements relevant to the erated States of Micronesia and provide such Service, the National Marine Fisheries Serv- judgment. In determining the consistency of technical assistance in management of the ice, the United States Coast Guard, and the a judgment with an international agreement, portfolio as may be requested by the Fed- Advisory Council on Historic Preservation, due regard shall be given to assurances made erated States of Micronesia). the Department of the Interior, and other by the Executive Branch to Congress of the (2) TORT CLAIMS.—The provisions of section agencies providing assistance under the Na- United States regarding the proper interpre- 178 of the U.S.-FSM Compact and the U.S.- tional Historic Preservation Act (80 Stat. tation of the international agreement. RMI Compact regarding settlement and pay- 915; 16 U.S.C. 470–470t), shall be on a non- (p) ESTABLISHMENT OF TRUST FUNDS; EXPE- ment of tort claims shall apply to employees reimbursable basis. During the period the DITION OF PROCESS.— of any Federal agency of the Government of U.S.-FSM Compact and the U.S.-RMI Com- (1) IN GENERAL.—The Trust Fund Agree- the United States (and to any other person pact are in effect, the grant programs under ment executed pursuant to the U.S.-FSM employed on behalf of any Federal agency of the National Historic Preservation Act shall Compact and the Trust Fund Agreement exe- the Government of the United States on the continue to apply to the Federated States of cuted pursuant to the U.S.-RMI Compact basis of a contractual, cooperative, or simi- Micronesia and the Republic of the Marshall each provides for the establishment of a lar agreement) which provides any service or Islands in the same manner and to the same trust fund. carries out any other function pursuant to or extent as prior to the approval of the Com- (2) METHOD OF ESTABLISHMENT.—The trust in furtherance of any provisions of the U.S.- pact. Any funds provided pursuant to sec- fund may be established by— FSM Compact or the U.S.-RMI Compact or tions 102(a), 103(a), 103(b), 103(f), 103(g), 103(h), (A) creating a new legal entity to con- this joint resolution, except for provisions of 103(j), 105(c), 105(g), 105(h), 105(i), 105(j), stitute the trust fund; or Title Three of the Compact and of the sub- 105(k), 105(l), and 105(m) of this joint resolu- (B) assuming control of an existing legal sidiary agreements related to such Title, in tion shall be in addition to and not charged entity including, without limitation, a trust such area to which such Agreement formerly against any amounts to be paid to either the fund or other legal entity that was estab- applied. Federated States of Micronesia or the Re- lished by or at the direction of the Govern- (3) PCB CLEANUP.—The programs and serv- public of the Marshall Islands pursuant to ment of the United States, the Government ices of the Environmental Protection Agency the U.S.-FSM Compact, the U.S.-RMI Com- of the Federated States of Micronesia, the regarding PCBs shall, to the extent applica- pact, or their related subsidiary agreements. Government of the Republic of the Marshall ble, as appropriate, and in accordance with (k) PRIOR SERVICE BENEFITS PROGRAM.— Islands, or otherwise for the purpose of fa- applicable law, be construed to be made Notwithstanding any other provision of law, cilitating or expediting the establishment of available to such islands for the cleanup of persons who on January 1, 1985, were eligible the trust fund pursuant to the applicable PCBs imported prior to 1987. The Secretary to receive payment under the Prior Service Trust Fund Agreement. of the Interior and the Secretary of Defense Benefits Program established within the So- (3) OBLIGATIONS.—For the purpose of expe- shall cooperate and assist in any such clean- cial Security System of the Trust Territory diting the commencement of operations of a up activities. of the Pacific Islands because of their serv- trust fund under either Trust Fund Agree- (g) COLLEGE OF MICRONESIA.—Until other- ices performed for the United States Navy or ment, the trust fund may, but shall not be wise provided by Act of Congress, or until the Government of the Trust Territory of the obligated to, assume any obligations of an termination of the U.S.-FSM Compact and Pacific Islands prior to July 1, 1968, shall existing legal entity and take assignment of the U.S.-RMI Compact, the College of Micro- continue to receive such payments on and any contract or other agreement to which nesia shall retain its status as a land-grant after the effective date of the Compact. the existing legal entity is party. institution and its eligibility for all benefits (l) INDEFINITE LAND USE PAYMENTS.—There (4) ASSISTANCE.—Without limiting the au- and programs available to such land-grant are authorized to be appropriated such sums thority that the United States Government institutions. as may be necessary to complete repayment may otherwise have under applicable law, (h) TRUST TERRITORY DEBTS TO U.S. FED- by the United States of any debts owed for the United States Government may, but ERAL AGENCIES.—Neither the Government of the use of various lands in the Federated shall not be obligated to, provide financial, the Federated States of Micronesia nor the States of Micronesia and the Marshall Is- technical, or other assistance directly or in- Government of the Marshall Islands shall be lands prior to January 1, 1985. directly to the Government of the Federated required to pay to any department, agency, (m) COMMUNICABLE DISEASE CONTROL PRO- States of Micronesia or the Government of independent agency, office, or instrumen- GRAM.—There are authorized to be appro- the Republic of the Marshall Islands for the tality of the United States any amounts priated for grants to the Government of the purpose of establishing and operating a trust owed to such department, agency, inde- Federated States of Micronesia, the Govern- fund or other legal entity that will solicit pendent agency, office, or instrumentality ment of the Republic of the Marshall Islands, bids from, and enter into contracts with, by the Government of the Trust Territory of and the governments of the affected jurisdic- parties willing to serve in such capacities as the Pacific Islands as of the effective date of tions, such sums as may be necessary for trustee, depositary, money manager, or in- the Compact. There is authorized to be ap- purposes of establishing or continuing pro- vestment advisor, with the intention that propriated such sums as may be necessary to grams for the control and prevention of com- the contracts will ultimately be assumed by carry out the purposes of this subsection. municable diseases, including (but not lim- and assigned to a trust fund established pur- (i) JUDICIAL TRAINING.— ited to) cholera, tuberculosis, and Hansen’s suant to a Trust Fund Agreement. (1) IN GENERAL.—In addition to amounts Disease. The Secretary of the Interior shall SEC. 106. CONSTRUCTION CONTRACT ASSIST- provided under section 211(a)(4) of the U.S.- assist the Government of the Federated ANCE. FSM Compact and the U.S.-RMI Compact, States of Micronesia, the Government of the (a) ASSISTANCE TO U.S. FIRMS.—In order to the Secretary of the Interior shall annually Republic of the Marshall Islands and the gov- assist the Governments of the Federated provide $300,000 for the training of judges and ernments of the affected jurisdictions in de- States of Micronesia and of the Republic of officials of the judiciary in the Federated signing and implementing such a program. the Marshall Islands through private sector States of Micronesia and the Republic of the (n) USER FEES.—Any person in the Fed- firms which may be awarded contracts for Marshall Islands in cooperation with the Pa- erated States of Micronesia or the Republic construction or major repair of capital infra- cific Islands Committee of the Ninth Circuit of the Marshall Islands shall be liable for structure within the Federated States of Mi- Judicial Council and in accordance with and user fees, if any, for services provided in the cronesia or the Republic of the Marshall Is- to the extent provided in the Federal Pro- Federated States of Micronesia or the Re- lands, the United States shall consult with grams and Services Agreement and the Fis- public of the Marshall Islands by the Govern- the Governments of the Federated States of cal Procedure Agreement, as appropriate. ment of the United States to the same ex- Micronesia and the Republic of the Marshall (2) AUTHORIZATION AND CONTINUING APPRO- tent as any person in the United States Islands with respect to any such contracts, PRIATION.—There is hereby authorized and would be liable for fees, if any, for such serv- and the United States shall enter into agree- appropriated to the Secretary of the Inte- ices in the United States. ments with such firms whereby such firms rior, out of any funds in the Treasury not (o) TREATMENT OF JUDGMENTS OF COURTS will, consistent with applicable requirements otherwise appropriated, to remain available OF THE FEDERATED STATES OF MICRONESIA, of such Governments— until expended, for each fiscal year from 2004 THE REPUBLIC OF THE MARSHALL ISLANDS, (1) to the maximum extent possible, em- through 2023, $300,000, as adjusted for infla- AND THE REPUBLIC OF PALAU.—No judgment, ploy citizens of the Federated States of Mi- tion under section 218 of the U.S.-FSM Com- whenever issued, of a court of the Federated cronesia and the Republic of the Marshall Is- pact and the U.S.-RMI Compact, to carry out States of Micronesia, the Republic of the lands; the purposes of this section. Marshall Islands, or the Republic of Palau, (2) to the extent that necessary skills are (j) TECHNICAL ASSISTANCE.—Technical as- against the United States, its departments not possessed by citizens of the Federated sistance may be provided pursuant to section and agencies, or officials of the United States of Micronesia and the Republic of the 224 of the U.S.-FSM Compact or the U.S.- States or any other individuals acting on be- Marshall Islands, provide on the job training, RMI Compact by Federal agencies and insti- half of the United States within the scope of with particular emphasis on the development tutions of the Government of the United their official duty, shall be honored by the of skills relating to operation of machinery States to the extent such assistance may be United States, or be subject to recognition and routine and preventative maintenance of provided to States, territories, or units of or enforcement in a court in the United machinery and other facilities; and

VerDate jul 14 2003 05:31 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.144 S06PT1 S14196 CONGRESSIONAL RECORD — SENATE November 6, 2003 (3) provide specific training or other assist- Marshall Islands, based on either or both Affirming the common interests of the ance in order to enable the Government to such government’s showing of such adverse United States of America and the Federated engage in long-term maintenance of infra- impact, if any, as provided in that sub- States of Micronesia in creating and main- structure. section. taining their close and mutually beneficial Assistance by such firms pursuant to this (2) The governments of the Federated relationship through the free and voluntary section may not exceed 20 percent of the States of Micronesia and the Republic of the association of their respective Governments; amount of the contract and shall be made Marshall Islands may each submit no more and available only to such firms which meet the than one report or request for further com- Affirming the interest of the Government definition of United States firm under the pensation under section 111 of the joint reso- of the United States in promoting the eco- nationality rule for suppliers of services of lution of January 14, 1986 (Public Law 99–239) nomic advancement and budgetary self-reli- the Agency for International Development and any such report or request must be sub- ance of the Federated States of Micronesia; (hereafter in this section referred to as mitted by September 30, 2009. Only adverse and ‘‘United States firms’’). There are authorized economic effects occurring during the initial Recognizing that their relationship until to be appropriated such sums as may be nec- 15-year term of the Compact may be consid- the entry into force on November 3, 1986 of essary for the purposes of this subsection. ered for compensation under section 111 of the Compact was based upon the Inter- (b) AUTHORIZATION OF APPROPRIATIONS.— the joint resolution of January 14, 1986 (Pub- national Trusteeship System of the United There are authorized to be appropriated such lic Law 99–239). Nations Charter, and in particular Article 76 sums as may be necessary to cover any addi- SEC. 109. AUTHORIZATION AND CONTINUING AP- of the Charter; and that pursuant to Article tional costs incurred by the Government of PROPRIATION. 76 of the Charter, the people of the Federated the Federated States of Micronesia or the (a) There are authorized and appropriated States of Micronesia have progressively de- Republic of the Marshall Islands if such Gov- to the Department of the Interior, out of any veloped their institutions of self-govern- ernments, pursuant to an agreement entered funds in the Treasury not otherwise appro- ment, and that in the exercise of their sov- into with the United States, apply a pref- priated, to remain available until expended, ereign right to self-determination they, erence on the award of contracts to United such sums as are necessary to carry out the through their freely-expressed wishes, have States firms, provided that the amount of purposes of sections 105(f)(1) and 105(i) of this adopted a Constitution appropriate to their such preference does not exceed 10 percent of Act, sections 211, 212(b), 215, and 217 of the particular circumstances; and the amount of the lowest qualified bid from U.S.-FSM Compact, and sections 211, 212, Recognizing that the Compact reflected a non-United States firm for such contract. 213(b), 216, and 218 of the U.S.-RMI Compact, their common desire to terminate the Trust- SEC. 107. PROHIBITION. in this and subsequent years. eeship and establish a government-to-gov- All laws governing conflicts of interest and (b) There are authorized to be appropriated ernment relationship which was in accord- post-employment of Federal employees shall to the Departments, agencies, and instru- ance with the new political status based on apply to the implementation of this Act. mentalities named in paragraphs (1) and (3) the freely expressed wishes of the people of the Federated States of Micronesia and ap- SEC. 108. COMPENSATORY ADJUSTMENTS. through (6) of section 221(a) of the U.S.-FSM Compact and paragraphs (1) and (3) through propriate to their particular circumstances; (a) ADDITIONAL PROGRAMS AND SERVICES.— and In addition to the programs and services set (5) of section 221(a) of the U.S.-RMI Compact, Recognizing that the people of the Fed- forth in section 221 of the U.S.-FSM Compact such sums as are necessary to carry out the erated States of Micronesia have and retain and the U.S.-RMI Compact, and pursuant to purposes of sections 221(a) of the U.S.-FSM their sovereignty and their sovereign right section 222 of the U.S.-FSM Compact and the Compact and the U.S.-RMI Compact, to re- to self-determination and the inherent right U.S.-RMI Compact, the services and pro- main available until expended. to adopt and amend their own Constitution grams of the following United States agen- SEC. 110. PAYMENT OF CITIZENS OF THE FED- and form of government and that the ap- cies shall be made available to the Federated ERATED STATES OF MICRONESIA, THE REPUBLIC OF THE MARSHALL proval of the entry of the Government of the States of Micronesia and the Republic of the ISLANDS, AND THE REPUBLIC OF Federated States of Micronesia into the Marshall Islands: the Small Business Admin- PALAU EMPLOYED BY THE GOVERN- Compact by the people of the Federated istration, Economic Development Adminis- MENT OF THE UNITED STATES IN States of Micronesia constituted an exercise tration, the Rural Utilities Services (for- THE CONTINENTAL UNITED STATES. of their sovereign right to self-determina- merly Rural Electrification Administration); Section 605 of Public Law 107–67 (the Treas- tion; and the programs and services of the Department ury and General Government Appropriations Recognizing the common desire of the peo- of Labor under subtitle C of title I of the Act, 2002) is amended by striking ‘‘or the Re- ple of the United States and the people of the Workforce Investment Act of 1998 (29 U.S.C. public of the Philippines,’’ in the last sen- Federated States of Micronesia to maintain 2881 et seq.; relating to Job Corps); and the tence and inserting the following: ‘‘the Re- their close government-to-government rela- programs and services of the Department of public of the Philippines, the Federated tionship, the United States and the Fed- Commerce relating to tourism and to marine States of Micronesia, the Republic of the erated States of Micronesia: resource development. Marshall Islands, or the Republic of Palau,’’. NOW, THEREFORE, MUTUALLY AGREE (b) FURTHER AMOUNTS.— TITLE II—COMPACTS OF FREE ASSOCIA- to continue and strengthen their relation- (1) The joint resolution of January 14, 1986 TION WITH THE FEDERATED STATES OF ship of free association by amending the (Public Law 99–239) provided that the govern- MICRONESIA AND THE REPUBLIC OF Compact, which continues to provide a full ments of the Federated States of Micronesia THE MARSHALL ISLANDS measure of self-government for the people of and the Marshall Islands may submit to Con- SEC. 201. COMPACTS OF FREE ASSOCIATION, AS the Federated States of Micronesia; and gress reports concerning the overall finan- AMENDED BETWEEN THE GOVERN- FURTHER AGREE that the relationship of cial and economic impacts on such areas re- MENT OF THE UNITED STATES OF free association derives from and is as set sulting from the effect of title IV of that AMERICA AND THE GOVERNMENT forth in this Compact, as amended, by the joint resolution upon Title Two of the Com- OF THE FEDERATED STATES OF MI- Governments of the United States and the pact. There were authorized to be appro- CRONESIA AND BETWEEN THE GOV- ERNMENT OF THE UNITED STATES Federated States of Micronesia; and that, priated for fiscal years beginning after Sep- during such relationship of free association, tember 30, 1990, such amounts as necessary, OF AMERICA AND THE GOVERN- MENT OF THE REPUBLIC OF THE the respective rights and responsibilities of but not to exceed $40,000,000 for the Fed- MARSHALL ISLANDS. the Government of the United States and the erated States of Micronesia and $20,000,000 (a) COMPACT OF FREE ASSOCIATION, AS Government of the Federated States of Mi- for the Marshall Islands, as provided in ap- AMENDED, BETWEEN THE GOVERNMENT OF THE cronesia in regard to this relationship of free propriation acts, to further compensate the UNITED STATES OF AMERICA AND THE GOVERN- association derive from and are as set forth governments of such islands (in addition to MENT OF THE FEDERATED STATES OF MICRO- in this Compact, as amended. the compensation provided in subsections (a) NESIA.—The Compact of Free Association, as and (b) of section 111 of the joint resolution TITLE ONE amended, between the Government of the GOVERNMENTAL RELATIONS of January 14, 1986 (Public Law 99–239) for ad- United States of America and the Govern- verse impacts, if any, on the finances and ment of the Federated States of Micronesia Article I economies of such areas resulting from the is as follows: Self-Government effect of title IV of that joint resolution Section 111 upon Title Two of the Compact. The joint PREAMBLE THE GOVERNMENT OF THE UNITED The people of the Federated States of Mi- resolution of January 14, 1986 (Public Law 99– cronesia, acting through the Government es- 239) further provided that at the end of the STATES OF AMERICA AND THE GOV- ERNMENT OF THE FEDERATED STATES tablished under their Constitution, are self- initial fifteen-year term of the Compact, governing. should any portion of the total amount of OF MICRONESIA funds authorized in section 111 of that reso- Affirming that their Governments and Article II lution not have been appropriated, such their relationship as Governments are found- Foreign Affairs amount not yet appropriated may be appro- ed upon respect for human rights and funda- Section 121 priated, without regard to divisions between mental freedoms for all, and that the people (a) The Government of the Federated amounts authorized in section 111 for the of the Federated States of Micronesia have States of Micronesia has the capacity to con- Federated States of Micronesia and for the the right to enjoy self-government; and duct foreign affairs and shall do so in its own

VerDate jul 14 2003 05:31 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.144 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14197 name and right, except as otherwise provided Micronesia, the United States and its terri- as it was in effect on the day prior to the ef- in this Compact, as amended. tories and possessions. fective date of this Compact, as amended; (b) The foreign affairs capacity of the Gov- Section 127 (4) a naturalized citizen of the Federated ernment of the Federated States of Micro- Except as otherwise provided in this Com- States of Micronesia who was an actual resi- nesia includes: pact, as amended, or its related agreements, dent there for not less than five years after (1) the conduct of foreign affairs relating all obligations, responsibilities, rights and attaining such naturalization and who satis- to law of the sea and marine resources mat- benefits of the Government of the United fied these requirements as of April 30, 2003, ters, including the harvesting, conservation, States as Administering Authority which re- who continues to be an actual resident and exploration or exploitation of living and non- sulted from the application pursuant to the holds a certificate of actual residence, and living resources from the sea, seabed or sub- Trusteeship Agreement of any treaty or whose name is included in a list furnished by soil to the full extent recognized under inter- other international agreement to the Trust the Government of the Federated States of national law; Territory of the Pacific Islands on November Micronesia to the Government of the United (2) the conduct of its commercial, diplo- 2, 1986, are, as of that date, no longer as- States no later than the effective date of the matic, consular, economic, trade, banking, sumed and enjoyed by the Government of the Compact, as amended, in form and content postal, civil aviation, communications, and United States. acceptable to the Government of the United cultural relations, including negotiations for Article III States, provided, that the Government of the the receipt of developmental loans and United States is satisfied that such natural- Communications grants and the conclusion of arrangements ized citizen meets the requirement of sub- with other governments and international Section 131 section (b) of section 104 of Public Law 99–239 and intergovernmental organizations, in- (a) The Government of the Federated as it was in effect on the day prior to the ef- cluding any matters specially benefiting its States of Micronesia has full authority and fective date of this Compact, as amended; or individual citizens. responsibility to regulate its domestic and (5) an immediate relative of a citizen of the (c) The Government of the United States foreign communications, and the Govern- Federated States of Micronesia, regardless of recognizes that the Government of the Fed- ment of the United States shall provide com- the immediate relative’s country of citizen- erated States of Micronesia has the capacity munications assistance as mutually agreed. ship or period of residence in the Federated to enter into, in its own name and right, (b) On May 24, 1993, the Government of the States of Micronesia, if the citizen of the treaties and other international agreements Federated States of Micronesia elected to Federated States of Micronesia is serving on with governments and regional and inter- undertake all functions previously per- active duty in any branch of the United national organizations. formed by the Government of the United States Armed Forces, or in the active re- (d) In the conduct of its foreign affairs, the States with respect to domestic and foreign serves. Government of the Federated States of Mi- communications, except for those functions (b) Notwithstanding subsection (a) of this cronesia confirms that it shall act in accord- set forth in a separate agreement entered section, a person who is coming to the ance with principles of international law and into pursuant to this section of the Compact, United States pursuant to an adoption out- shall settle its international disputes by as amended. side the United States, or for the purpose of peaceful means. Section 132 adoption in the United States, is ineligible Section 122 The Government of the Federated States of for admission under the Compact and the The Government of the United States shall Micronesia shall permit the Government of Compact, as amended. This subsection shall support applications by the Government of the United States to operate telecommuni- apply to any person who is or was an appli- the Federated States of Micronesia for mem- cations services in the Federated States of cant for admission to the United States on bership or other participation in regional or Micronesia to the extent necessary to fulfill or after March 1, 2003, including any appli- international organizations as may be mutu- the obligations of the Government of the cant for admission in removal proceedings ally agreed. United States under this Compact, as amend- (including appellate proceedings) on or after Section 123 ed, in accordance with the terms of separate March 1, 2003, regardless of the date such (a) In recognition of the authority and re- agreements entered into pursuant to this proceedings were commenced. This sub- sponsibility of the Government of the United section of the Compact, as amended. section shall have no effect on the ability of States under Title Three, the Government of Article IV the Government of the United States or any United States State or local government to the Federated States of Micronesia shall Immigration consult, in the conduct of its foreign affairs, commence or otherwise take any action with the Government of the United States. Section 141 against any person or entity who has vio- (b) In recognition of the foreign affairs ca- (a) In furtherance of the special and unique lated any law relating to the adoption of any pacity of the Government of the Federated relationship that exists between the United person. States of Micronesia, the Government of the States and the Federated States of Micro- (c) Notwithstanding subsection (a) of this United States, in the conduct of its foreign nesia, under the Compact, as amended, any section, no person who has been or is granted affairs, shall consult with the Government of person in the following categories may be ad- citizenship in the Federated States of Micro- nesia, or has been or is issued a Federated the Federated States of Micronesia on mat- mitted to, lawfully engage in occupations, States of Micronesia passport pursuant to ters that the Government of the United and establish residence as a nonimmigrant in any investment, passport sale, or similar States regards as relating to or affecting the the United States and its territories and pos- program has been or shall be eligible for ad- Government of the Federated States of Mi- sessions (the ‘‘United States’’) without re- gard to paragraph (5) or (7)(B)(i)(II) of sec- mission to the United States under the Com- cronesia. pact or the Compact, as amended. Section 124 tion 212(a) of the Immigration and Nation- ality Act, as amended, 8 U.S.C. 1182(a)(5) or (d) A person admitted to the United States The Government of the United States may under the Compact, or the Compact, as assist or act on behalf of the Government of (7)(B)(i)(II): (1) a person who, on November 2, 1986, was amended, shall be considered to have the per- the Federated States of Micronesia in the mission of the Government of the United a citizen of the Trust Territory of the Pacific area of foreign affairs as may be requested States to accept employment in the United Islands, as defined in Title 53 of the Trust and mutually agreed from time to time. The States. An unexpired Federated States of Mi- Territory Code in force on January 1, 1979, Government of the United States shall not cronesia passport with unexpired documenta- and has become and remains a citizen of the be responsible to third parties for the actions tion issued by the Government of the United of the Government of the Federated States Federated States of Micronesia; States evidencing admission under the Com- of Micronesia undertaken with the assist- (2) a person who acquires the citizenship of pact or the Compact, as amended, shall be ance or through the agency of the Govern- the Federated States of Micronesia at birth, considered to be documentation establishing ment of the United States pursuant to this on or after the effective date of the Constitu- identity and employment authorization section unless expressly agreed. tion of the Federated States of Micronesia; under section 274A(b)(1)(B) of the Immigra- Section 125 (3) an immediate relative of a person re- tion and Nationality Act, as amended, 8 The Government of the United States shall ferred to in paragraphs (1) or (2) of this sec- U.S.C. 1324a(b)(1)(B). The Government of the not be responsible for nor obligated by any tion, provided that such immediate relative United States will take reasonable and ap- actions taken by the Government of the Fed- is a naturalized citizen of the Federated propriate steps to implement and publicize erated States of Micronesia in the area of States of Micronesia who has been an actual this provision, and the Government of the foreign affairs, except as may from time to resident there for not less than five years Federated States of Micronesia will also time be expressly agreed. after attaining such naturalization and who take reasonable and appropriate steps to Section 126 holds a certificate of actual residence, and publicize this provision. At the request of the Government of the further provided, that, in the case of a (e) For purposes of the Compact and the Federated States of Micronesia and subject spouse, such spouse has been married to the Compact, as amended: to the consent of the receiving state, the person referred to in paragraph (1) or (2) of (1) the term ‘‘residence’’ with respect to a Government of the United States shall ex- this section for at least five years, and fur- person means the person’s principal, actual tend consular assistance on the same basis ther provided, that the Government of the dwelling place in fact, without regard to in- as for citizens of the United States to citi- United States is satisfied that such natural- tent, as provided in section 101(a)(33) of the zens of the Federated States of Micronesia ized citizen meets the requirement of sub- Immigration and Nationality Act, as amend- for travel outside the Federated States of section (b) of section 104 of Public Law 99–239 ed, 8 U.S.C. 1101(a)(33), and variations of the

VerDate jul 14 2003 05:31 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.145 S06PT1 S14198 CONGRESSIONAL RECORD — SENATE November 6, 2003 term ‘‘residence,’’ including ‘‘resident’’ and in occupations, and reside in the Federated or national to the same penalties and provi- ‘‘reside,’’ shall be similarly construed; States of Micronesia, subject to the rights of sions of law as apply in the case of the fail- (2) the term ‘‘actual residence’’ means the Government of the Federated States of ure of such an agent of a foreign principal to physical presence in the Federated States of Micronesia to deny entry to or deport any comply with such requirements. For pur- Micronesia during eighty-five percent of the such citizen or national as an undesirable poses of the Foreign Agents Registration Act five-year period of residency required by sec- alien. Any determination of inadmissibility of 1938, the Federated States of Micronesia tion 141(a)(3) and (4); or deportability shall be based on reasonable shall be considered to be a foreign country. (3) the term ‘‘certificate of actual resi- statutory grounds and shall be subject to ap- (b) Subsection (a) of this section shall not dence’’ means a certificate issued to a natu- propriate administrative and judicial review apply to a citizen or national of the United ralized citizen by the Government of the within the Federated States of Micronesia. If States employed by the Government of the Federated States of Micronesia stating that a citizen or national of the United States is Federated States of Micronesia with respect the citizen has complied with the actual resi- a spouse of a citizen of the Federated States to whom the Government of the Federated dence requirement of section 141(a)(3) or (4); of Micronesia, the Government of the Fed- States of Micronesia from time to time cer- (4) the term ‘‘nonimmigrant’’ means an erated States of Micronesia shall allow the tifies to the Government of the United alien who is not an ‘‘immigrant’’ as defined United States citizen spouse to establish res- States that such citizen or national is an employee of the Federated States of Micro- in section 101(a)(15) of such Act, 8 U.S.C. idence. Should the Federated States of Mi- nesia whose principal duties are other than 1101(a)(15); and cronesia citizen spouse predecease the those matters specified in the Foreign (5) the term ‘‘immediate relative’’ means a United States citizen spouse during the mar- Agents Registration Act of 1938, as amended, spouse, or unmarried son or unmarried riage, the Government of the Federated daughter less than 21 years of age. that apply with respect to an agent of a for- States of Micronesia shall allow the United eign principal. The agency or officer of the (f) The Immigration and Nationality Act, States citizen spouse to continue to reside in as amended, shall apply to any person admit- United States receiving such certifications the Federated States of Micronesia. shall cause them to be filed with the Attor- ted or seeking admission to the United (b) In enacting any laws or imposing any States (other than a United States posses- ney General, who shall maintain a publicly requirements with respect to citizens and na- available list of the persons so certified. sion or territory where such Act does not tionals of the United States entering the Article VI apply) under the Compact or the Compact, as Federated States of Micronesia under sub- amended, and nothing in the Compact or the section (a) of this section, including any Environmental Protection Compact, as amended, shall be construed to grounds of inadmissibility or deportability, Section 161 limit, preclude, or modify the applicability the Government of the Federated States of The Governments of the United States and of, with respect to such person: Micronesia shall accord to such citizens and the Federated States of Micronesia declare (1) any ground of inadmissibility or deport- nationals of the United States treatment no that it is their policy to promote efforts to ability under such Act (except sections less favorable than that accorded to citizens prevent or eliminate damage to the environ- 212(a)(5) and 212(a)(7)(B)(i)(II) of such Act, as ment and biosphere and to enrich under- provided in subsection (a) of this section), of other countries. (c) Consistent with subsection (a) of this standing of the natural resources of the Fed- and any defense thereto, provided that, sec- section, with respect to citizens and nation- erated States of Micronesia. In order to tion 237(a)(5) of such Act shall be construed als of the United States seeking to engage in carry out this policy, the Government of the and applied as if it reads as follows: ‘‘any employment or invest in the Federated United States and the Government of the alien who has been admitted under the Com- Federated States of Micronesia agree to the States of Micronesia, the Government of the pact, or the Compact, as amended, who can- following mutual and reciprocal under- Federated States of Micronesia shall adopt not show that he or she has sufficient means takings. of support in the United States, is deport- immigration-related procedures no less fa- (a) The Government of the United States: able’’; vorable than those adopted by the Govern- (1) shall continue to apply the environ- (2) the authority of the Government of the ment of the United States with respect to mental controls in effect on November 2, 1986 United States under section 214(a)(1) of such citizens of the Federated States of Micro- to those of its continuing activities subject Act to provide that admission as a non- nesia seeking employment in the United to section 161(a)(2), unless and until those immigrant shall be for such time and under States. controls are modified under sections 161(a)(3) such conditions as the Government of the Section 143 and 161(a)(4); Any person who relinquishes, or otherwise United States may by regulations prescribe; (2) shall apply the National Environmental loses, his United States nationality or citi- (3) Except for the treatment of certain doc- Policy Act of 1969, 83 Stat. 852, 42 U.S.C. 4321 zenship, or his Federated States of Micro- umentation for purposes of section et seq., to its activities under the Compact, nesia citizenship, shall be ineligible to re- 274A(b)(1)(B) of such Act as provided by sub- as amended, and its related agreements as if ceive the privileges set forth in sections 141 section (d) of this section of the Compact, as the Federated States of Micronesia were the and 142. Any such person may apply for ad- amended, any requirement under section United States; mission to the United States or the Fed- 274A, including but not limited to section (3) shall comply also, in the conduct of any erated States of Micronesia, as the case may 274A(b)(1)(E); activity requiring the preparation of an En- be, in accordance with any other applicable (4) Section 643 of the Illegal Immigration vironmental Impact Statement under sec- laws of the United States or the Federated Reform and Immigrant Responsibility Act of tion 161(a)(2), with standards substantively States of Micronesia relating to immigration 1996, Public Law 104–208, and actions taken similar to those required by the following of aliens from other countries. The laws of pursuant to section 643; and laws of the United States, taking into ac- the Federated States of Micronesia or the (5) the authority of the Government of the count the particular environment of the Fed- United States, as the case may be, shall dic- United States otherwise to administer and erated States of Micronesia: the Endangered tate the terms and conditions of any such enforce the Immigration and Nationality Species Act of 1973, as amended, 87 Stat. 884, person’s stay. Act, as amended, or other United States law. 16 U.S.C. 1531 et seq.; the Clean Air Act, as (g) Any authority possessed by the Govern- Article V amended, 77 Stat. 392, 42 U.S.C. Supp. 7401 et ment of the United States under this section Representation seq.; the Clean Water Act (Federal Water of the Compact or the Compact, as amended, Section 151 Pollution Control Act), as amended, 86 Stat. may also be exercised by the Government of Relations between the Government of the 896, 33 U.S.C. 1251 et seq.; Title I of the Ma- a territory or possession of the United States United States and the Government of the rine Protection, Research and Sanctuaries where the Immigration and Nationality Act, Federated States of Micronesia shall be con- Act of 1972 (the Ocean Dumping Act), 33 as amended, does not apply, to the extent ducted in accordance with the Vienna Con- U.S.C. 1411 et seq.; the Toxic Substances such exercise of authority is lawful under a vention on Diplomatic Relations. In addition Control Act, as amended, 15 U.S.C. 2601 et statute or regulation of such territory or to diplomatic missions and representation, seq.; the Solid Waste Disposal Act, as amend- possession that is authorized by the laws of the Governments may establish and main- ed, 42 U.S.C. 6901 et seq.; and such other envi- the United States. ronmental protection laws of the United (h) Subsection (a) of this section does not tain other offices and designate other rep- States and of the Federated States of Micro- confer on a citizen of the Federated States of resentatives on terms and in locations as nesia, as may be mutually agreed from time Micronesia the right to establish the resi- may be mutually agreed. dence necessary for naturalization under the Section 152 to time with the Government of the Fed- Immigration and Nationality Act, as amend- (a) Any citizen or national of the United erated States of Micronesia; and ed, or to petition for benefits for alien rel- States who, without authority of the United (4) shall develop, prior to conducting any atives under that Act. Subsection (a) of this States, acts as the agent of the Government activity requiring the preparation of an En- section, however, shall not prevent a citizen of the Federated States of Micronesia with vironmental Impact Statement under sec- of the Federated States of Micronesia from regard to matters specified in the provisions tion 161(a)(2), written standards and proce- otherwise acquiring such rights or lawful of the Foreign Agents Registration Act of dures, as agreed with the Government of the permanent resident alien status in the 1938, as amended (22 U.S.C. 611 et seq.), that Federated States of Micronesia, to imple- United States. apply with respect to an agent of a foreign ment the substantive provisions of the laws Section 142 principal shall be subject to the require- made applicable to U.S. Government activi- (a) Any citizen or national of the United ments of such Act. Failure to comply with ties in the Federated States of Micronesia, States may be admitted, to lawfully engage such requirements shall subject such citizen pursuant to section 161(a)(3).

VerDate jul 14 2003 05:31 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.145 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14199 (b) The Government of the Federated (c) Administrative agency actions arising of the Freedom of Information Act, 5 U.S.C. States of Micronesia shall continue to de- under section 161 shall be reviewed pursuant 552, and of the judicial review provisions of velop and implement standards and proce- to the standard of judicial review set forth in the Administrative Procedure Act, 5 U.S.C. dures to protect its environment. As a recip- 5 U.S.C. 706. 701–706, except that only the Government of rocal obligation to the undertakings of the (d) The United States District Court for the Federated States of Micronesia may seek Government of the United States under this the District of Hawaii and the United States judicial review under the Administrative Article, the Federated States of Micronesia, District Court for the District of Columbia Procedure Act or judicial enforcement under taking into account its particular environ- shall have jurisdiction to issue all necessary the Freedom of Information Act when such ment, shall continue to develop and imple- processes, and the Government of the United judicial review or enforcement relates to the ment standards for environmental protection States agrees to submit itself to the jurisdic- activities of the Government of the United substantively similar to those required of tion of the court; decisions of the United States governed by sections 161 and 162. the Government of the United States by sec- States District Court shall be reviewable in Section 173 tion 161(a)(3) prior to its conducting activi- the United States Court of Appeals for the The Governments of the United States and ties in the Federated States of Micronesia, Ninth Circuit or the United States Court of the Federated States of Micronesia agree to substantively equivalent to activities con- Appeals for the District of Columbia, respec- adopt and enforce such measures, consistent ducted there by the Government of the tively, or in the United States Supreme with this Compact, as amended, and its re- United States and, as a further reciprocal ob- Court as provided by the laws of the United lated agreements, as may be necessary to ligation, shall enforce those standards. States. protect the personnel, property, installa- (c) Section 161(a), including any standard (e) The judicial remedy provided for in this tions, services, programs and official ar- or procedure applicable thereunder, and sec- section shall be the exclusive remedy for the chives and documents maintained by the tion 161(b) may be modified or superseded in Government of the United States in the Fed- judicial review or enforcement of the obliga- whole or in part by agreement of the Govern- erated States of Micronesia pursuant to this tions of the Government of the United States ment of the United States and the Govern- Compact, as amended, and its related agree- under this Article and actions brought under ment of the Federated States of Micronesia. ments and by the Government of the Fed- section 172(b) which relate to the activities (d) In the event that an Environmental Im- erated States of Micronesia in the United of the Government of the United States and pact Statement is no longer required under States pursuant to this Compact, as amend- its officers and employees governed by sec- the laws of the United States for major Fed- ed, and its related agreements. eral actions significantly affecting the qual- tion 161. Section 174 ity of the human environment, the regu- (f) In actions pursuant to this section, the Except as otherwise provided in this Com- latory regime established under sections Government of the Federated States of Mi- pact, as amended, and its related agree- 161(a)(3) and 161(a)(4) shall continue to apply cronesia shall be treated as if it were a ments: to such activities of the Government of the United States citizen. (a) The Government of the Federated United States until amended by mutual Section 163 States of Micronesia, and its agencies and of- agreement. (a) For the purpose of gathering data nec- ficials, shall be immune from the jurisdic- (e) The President of the United States may essary to study the environmental effects of tion of the court of the United States, and exempt any of the activities of the Govern- activities of the Government of the United the Government of the United States, and its ment of the United States under this Com- States subject to the requirements of this agencies and officials, shall be immune from pact, as amended, and its related agreements Article, the Government of the Federated the jurisdiction of the courts of the Fed- from any environmental standard or proce- States of Micronesia shall be granted access erated States of Micronesia. dure which may be applicable under sections to facilities operated by the Government of (b) The Government of the United States 161(a)(3) and 161(a)(4) if the President deter- the United States in the Federated States of accepts responsibility for and shall pay: mines it to be in the paramount interest of Micronesia, to the extent necessary for this (1) any unpaid money judgment rendered the Government of the United States to do purpose, except to the extent such access by the High Court of the Trust Territory of so, consistent with Title Three of this Com- would unreasonably interfere with the exer- the Pacific Islands against the Government pact, as amended, and the obligations of the cise of the authority and responsibility of of the United States with regard to any Government of the United States under the Government of the United States under cause of action arising as a result of acts or international law. Prior to any decision pur- Title Three. omissions of the Government of the Trust suant to this subsection, the views of the (b) The Government of the United States, Territory of the Pacific Islands or the Gov- Government of the Federated States of Mi- in turn, shall be granted access to the Fed- ernment of the United States prior to No- cronesia shall be sought and considered to erated States of Micronesia for the purpose vember 3, 1986; the extent practicable. If the President of gathering data necessary to discharge its (2) any claim settled by the claimant and grants such an exemption, to the extent obligations under this Article, except to the the Government of the Trust Territory of the practicable, a report with his reasons for extent such access would unreasonably inter- Pacific Islands but not paid as of the Novem- granting such exemption shall be given fere with the exercise of the authority and ber 3, 1986; and promptly to the Government of the Fed- responsibility of the Government of the Fed- (3) settlement of any administrative claim erated States of Micronesia. erated States of Micronesia under Title One, or of any action before a court of the Trust (f) The laws of the United States referred and to the extent necessary for this purpose to in section 161(a)(3) shall apply to the ac- Territory of the Pacific Islands or the Gov- shall be granted access to documents and ernment of the United States, arising as a tivities of the Government of the United other information to the same extent similar States under this Compact, as amended, and result of acts or omissions of the Govern- access is provided the Government of the ment of the Trust Territory of the Pacific Is- its related agreements only to the extent Federated States of Micronesia under the provided for in this section. lands or the Government of the United Freedom of Information Act, 5 U.S.C. 552. States. Section 162 (c) The Government of the Federated (c) Any claim not referred to in section The Government of the Federated States of States of Micronesia shall not impede efforts 174(b) and arising from an act or omission of Micronesia may bring an action for judicial by the Government of the United States to the Government of the Trust Territory of the review of any administrative agency action comply with applicable standards and proce- Pacific Islands or the Government of the or any activity of the Government of the dures. United States pursuant to section 161(a) for United States prior to the effective date of enforcement of the obligations of the Gov- Article VII the Compact shall be adjudicated in the ernment of the United States arising there- General Legal Provisions same manner as a claim adjudicated accord- under. The United States District Court for Section 171 ing to section 174(d). In any claim against the District of Hawaii and the United States Except as provided in this Compact, as the Government of the Trust Territory of the District Court for the District of Columbia amended, or its related agreements, the ap- Pacific Islands, the Government of the shall have jurisdiction over such action or plication of the laws of the United States to United States shall stand in the place of the activity, and over actions brought under sec- the Trust Territory of the Pacific Islands by Government of the Trust Territory of the tion 172(b) which relate to the activities of virtue of the Trusteeship Agreement ceased Pacific Islands. A judgment on any claim re- the Government of the United States and its with respect to the Federated States of Mi- ferred to in section 174(b) or this subsection, officers and employees, governed by section cronesia on November 3, 1986, the date the not otherwise satisfied by the Government of 161, provided that: Compact went into effect. the United States, may be presented for cer- (a) Such actions may only be civil actions Section 172 tification to the United States Court of Ap- for any appropriate civil relief other than (a) Every citizen of the Federated States of peals for the Federal Circuit, or its successor punitive damages against the Government of Micronesia who is not a resident of the courts, which shall have jurisdiction there- the United States or, where required by law, United States shall enjoy the rights and fore, notwithstanding the provisions of 28 its officers in their official capacity; no remedies under the laws of the United States U.S.C. 1502, and which court’s decisions shall criminal actions may arise under this sec- enjoyed by any non-resident alien. be reviewable as provided by the laws of the tion. (b) The Government of the Federated United States. The United States Court of (b) Actions brought pursuant to this sec- States of Micronesia and every citizen of the Appeals for the Federal Circuit shall certify tion may be initiated only by the Govern- Federated States of Micronesia shall be con- such judgment, and order payment thereof, ment of the Federated States of Micronesia. sidered to be a ‘‘person’’ within the meaning unless it finds, after a hearing, that such

VerDate jul 14 2003 05:31 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.145 S06PT1 S14200 CONGRESSIONAL RECORD — SENATE November 6, 2003 judgment is manifestly erroneous as to law the assistance by the Government of the nancial, program, or service assistance to or fact, or manifestly excessive. In either of United States in the exercise of such respon- the Federated States of Micronesia. such cases the United States Court of Ap- sibility as may be mutually agreed. This sep- TITLE TWO peals for the Federal Circuit shall have juris- arate agreement shall come into effect si- ECONOMIC RELATIONS diction to modify such judgment. multaneously with this Compact and shall Article I (d) The Government of the Federated remain in effect in accordance with its own States of Micronesia shall not be immune terms. Grant Assistance from the jurisdiction of the courts of the ‘‘(c) The Government of the United States Section 211—Sector Grants United States, and the Government of the shall provide to the Government of the Mar- (a) In order to assist the Government of United States shall not be immune from the shall Islands, on a grant basis, the amount of the Federated States of Micronesia in its ef- jurisdiction of the courts of the Federated $150 million to be paid and distributed in ac- forts to promote the economic advancement, States of Micronesia in any civil case in cordance with the separate agreement re- budgetary self-reliance, and economic self- which an exception to foreign state immu- ferred to in this Section, and shall provide sufficiency of its people, and in recognition nity is set forth in the Foreign Sovereign the services and programs set forth in this of the special relationship that exists be- Immunities Act (28 U.S.C. 1602 et seq.) or its separate agreement, the language of which is tween the Federated States of Micronesia and the United States, the Government of successor statutes. incorporated into this Compact.’’ Section 175 The Compact, as amended, makes no the United States shall provide assistance on (a) A separate agreement, which shall changes to, and has no effect upon, Section a sector grant basis for a period of twenty come into effect simultaneously with this 177 of the Compact, nor does the Compact, as years in the amounts set forth in section 216, Compact, as amended, and shall have the amended, change or affect the separate commencing on the effective date of this force of law, shall govern mutual assistance agreement referred to in Section 177 of the Compact, as amended. Such grants shall be used for assistance in the sectors of edu- and cooperation in law enforcement matters, Compact including Articles IX and X of that cation, health care, private sector develop- including the pursuit, capture, imprisonment separate agreement, and measures taken by ment, the environment, public sector capac- and extradition of fugitives from justice and the parties thereunder. the transfer of prisoners, as well as other law Section 178 ity building, and public infrastructure, or for enforcement matters. In the United States, (a) The Federal agencies of the Govern- other sectors as mutually agreed, with prior- the laws of the United States governing ment of the United States that provide the ities in the education and health care sec- international extradition, including 18 U.S.C. services and related programs in the Fed- tors. For each year such sector grant assist- 3184, 3186 and 3188–95, shall be applicable to erated States of Micronesia pursuant to ance is made available, the proposed division the extradition of fugitives under the sepa- Title Two are authorized to settle and pay of this amount among these sectors shall be rate agreement, and the laws of the United tort claims arising in the Federated States certified to the Government of the United States governing the transfer of prisoners, of Micronesia from the activities of such States by the Government of the Federated including 18 U.S.C. 4100–15, shall be applica- agencies or from the acts or omissions of the States of Micronesia and shall be subject to the concurrence of the Government of the ble to the transfer of prisoners under the sep- employees of such agencies. Except as pro- United States. In such case, the Government arate agreement; and vided in section 178(b), the provisions of 28 of the United States shall disburse the (b) A separate agreement, which shall U.S.C. 2672 and 31 U.S.C. 1304 shall apply ex- agreed upon amounts and monitor the use of come into effect simultaneously with this clusively to such administrative settlements such sector grants in accordance with the Compact, as amended, and shall have the and payments. force of law, shall govern requirements relat- (b) Claims under section 178(a) that cannot provisions of this Article and the Agreement Concerning Procedures for the Implementa- ing to labor recruitment practices, including be settled under section 178(a) shall be dis- tion of United States Economic Assistance registration, reporting, suspension or revoca- posed of exclusively in accordance with Arti- Provided in the Compact, as Amended, of tion of authorization to recruit persons for cle II of Title Four. Arbitration awards ren- Free Association Between the Government of employment in the United States, and en- dered pursuant to this subsection shall be the United States of America and the Gov- forcement for violations of such require- paid out of funds under 31 U.S.C. 1304. ments. (c) The Government of the United States ernment of the Federated States of Micro- Section 176 and the Government of the Federated States nesia (‘‘Fiscal Procedures Agreement’’) The Government of the Federated States of of Micronesia shall, in the separate agree- which shall come into effect simultaneously Micronesia confirms that final judgments in ment referred to in section 231, provide for: with this Compact, as amended. The provi- civil cases rendered by any court of the (1) the administrative settlement of claims sion of any United States assistance under Trust Territory of the Pacific Islands shall referred to in section 178(a), including des- the Compact, as amended, the Fiscal Proce- continue in full force and effect, subject to ignation of local agents in each State of the dures Agreement, the Trust Fund Agree- the constitutional power of the courts of the Federated States of Micronesia; such agents ment, or any other subsidiary agreement to Federated States of Micronesia to grant re- to be empowered to accept, investigate and the Compact, as amended, shall constitute lief from judgments in appropriate cases. settle such claims, in a timely manner, as ‘‘a particular distribution . . . required by Section 177 provided in such separate agreements; and the terms or special nature of the assist- Section 177 of the Compact entered into (2) arbitration, referred to in section 178(b), ance’’ for purposes of Article XII, section 1(b) force with respect to the Federated States of in a timely manner, at a site convenient to of the Constitution of the Federated States Micronesia on November 3, 1986 as follows: the claimant, in the event a claim is not oth- of Micronesia. ‘‘(a) The Government of the United States erwise settled pursuant to section 178(a). (1) EDUCATION.—United States grant assist- accepts the responsibility for compensation (d) The provisions of section 174(d) shall ance shall be made available in accordance owing to citizens of the Marshall Islands, or not apply to claims covered by this section. with the plan described in subsection (c) of the Federated States of Micronesia, or Palau (e) Except as otherwise explicitly provided this section to support and improve the edu- for loss or damage to property and person of by law of the United States, neither the Gov- cational system of the Federated States of the citizens of the Marshall Islands, or the ernment of the United States, its instrumen- Micronesia and develop the human, finan- Federated States of Micronesia, resulting talities, nor any person acting on behalf of cial, and material resources necessary for from the nuclear testing program which the the Government of the United States, shall the Government of the Federated States of Government of the United States conducted be named a party in any action based on, or Micronesia to perform these services. Em- in the Northern Marshall Islands between arising out of, the activity or activities of a phasis should be placed on advancing a qual- June 30, 1946, and August 18, 1958. recipient of any grant or other assistance ity basic education system. ‘‘(b) The Government of the United States provided by the Government of the United (2) HEALTH.—United States grant assist- and the Government of the Marshall Islands States (or the activity or activities of the re- ance shall be made available in accordance shall set forth in a separate agreement provi- cipient’s agency or any other person or enti- with the plan described in subsection (c) of sions for the just and adequate settlement of ty acting on behalf of the recipient). this section to support and improve the de- all such claims which have arisen in regard Section 179 livery of preventive, curative and environ- to the Marshall Islands and its citizens and (a) The courts of the Federated States of mental care and develop the human, finan- which have not as yet been compensated or Micronesia shall not exercise criminal juris- cial, and material resources necessary for which in the future may arise, for the con- diction over the Government of the United the Government of the Federated States of tinued administration by the Government of States, or its instrumentalities. Micronesia to perform these services. the United States of direct radiation related (b) The courts of the Federated States of (3) PRIVATE SECTOR DEVELOPMENT.—United medical surveillance and treatment pro- Micronesia shall not exercise criminal juris- States grant assistance shall be made avail- grams and radiological monitoring activities diction over any person if the Government of able in accordance with the plan described in and for such additional programs and activi- the United States provides notification to subsection (c) of this section to support the ties as may be mutually agreed, and for the the Government of the Federated States of efforts of the Government of the Federated assumption by the Government of the Mar- Micronesia that such person was acting on States of Micronesia to attract foreign in- shall Islands of responsibility for enforce- behalf of the Government of the United vestment and increase indigenous business ment of limitations on the utilization of af- States, for actions taken in furtherance of activity by vitalizing the commercial envi- fected areas developed in cooperation with section 221 or 224 of this amended Compact, ronment, ensuring fair and equitable appli- the Government of the United States and for or any other provision of law authorizing fi- cation of the law, promoting adherence to

VerDate jul 14 2003 05:31 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.145 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14201

core labor standards, and maintaining (d) DISASTER ASSISTANCE EMERGENCY ment Committee shall be governed by the progress toward privatization of state-owned FUND.—An amount of two hundred thousand Fiscal Procedures Agreement. and partially state-owned enterprises, and dollars ($200,000) shall be provided annually, Section 214—Annual Report engaging in other reforms. with an equal contribution from the Govern- The Government of the Federated States of (4) CAPACITY BUILDING IN THE PUBLIC SEC- ment of the Federated States of Micronesia, Micronesia shall report annually to the TOR.—United States grant assistance shall be as a contribution to a ‘‘Disaster Assistance President of the United States on the use of made available in accordance with the plan Emergency Fund (DAEF).’’ Any funds from United States sector grant assistance and the DAEF may be used only for assistance described in subsection (c) of this section to other assistance and progress in meeting mu- and rehabilitation resulting from disasters support the efforts of the Government of the tually agreed program and economic goals. and emergencies. The funds will be accessed Federated States of Micronesia to build ef- The Joint Economic Management Com- upon declaration by the Government of the fective, accountable and transparent na- mittee shall review and comment on the re- Federated States of Micronesia, with the tional, state, and local government and port and make appropriate recommendations concurrence of the United States Chief of other public sector institutions and systems. based thereon. (5) ENVIRONMENT.—United States grant as- Mission to the Federated States of Micro- Section 215—Trust Fund sistance shall be made available in accord- nesia. The Administration of the DAEF shall ance with the plan described in subsection be governed by the Fiscal Procedures Agree- (a) The United States shall contribute an- (c) of this section to increase environmental ment. nually for twenty years from the effective protection; conserve and achieve sustainable Section 212—Accountability. date of this Compact, as amended, in the use of natural resources; and engage in envi- (a) Regulations and policies normally ap- amounts set forth in section 216 into a Trust ronmental infrastructure planning, design plicable to United States financial assist- Fund established in accordance with the construction and operation. ance to its state and local governments, as Agreement Between the Government of the reflected in the Fiscal Procedures Agree- (6) PUBLIC INFRASTRUCTURE.— United States of America and the Govern- (i) U.S. annual grant assistance shall be ment, shall apply to each sector grant de- ment of the Federated States of Micronesia made available in accordance with a list of scribed in section 211, and to grants adminis- Implementing Section 215 and Section 216 of specific projects included in the plan de- tered under section 221 below, except as the Compact, as Amended, Regarding a Trust scribed in subsection (c) of this section to as- modified in the separate agreements referred Fund (‘‘Trust Fund Agreement’’). Upon ter- sist the Government of the Federated States to in section 231 of this Compact, as amend- mination of the annual financial assistance of Micronesia in its efforts to provide ade- ed, or by United States law. The Government under section 211, the proceeds of the fund quate public infrastructure. of the United States, after annual consulta- shall thereafter be used for the purposes de- tions with the Federated States of Micro- (ii) INFRASTRUCTURE AND MAINTENANCE scribed in section 211 or as otherwise mutu- nesia, may attach reasonable terms and con- FUND.—Five percent of the annual public in- ally agreed. frastructure grant made available under ditions, including annual performance indi- (b) The United States contribution into the paragraph (i) of this subsection shall be set cators that are necessary to ensure effective Trust Fund described in subsection(a) of this aside, with an equal contribution from the use of United States assistance and reason- section is conditioned on the Government of Government of the Federated States of Mi- able progress toward achieving program ob- the Federated States of Micronesia contrib- cronesia, as a contribution to an Infrastruc- jectives. The Government of the United uting to the Trust Fund at least $30 million, ture Maintenance Fund (IMF). Administra- States may seek appropriate remedies for prior to September 30, 2004. Any funds re- tion of the Infrastructure Maintenance Fund noncompliance with the terms and condi- ceived by the Federated States of Micronesia shall be governed by the Fiscal Procedures tions attached to the assistance, or for fail- under section 111 (d) of Public Law 99–239 Agreement. ure to comply with section 234, including (January 14, 1986), or successor provisions, (b) HUMANITARIAN ASSISTANCE.—Federated withholding assistance. would be contributed to the Trust Fund as a States of Micronesia Program. In recogni- (b) The Government of the United States Federated States of Micronesia contribution. shall, for each fiscal year of the twenty years tion of the special development needs of the (c) The terms regarding the investment during which assistance is to be provided on Federated States of Micronesia, the Govern- and management of funds and use of the in- a sector grant basis under section 211, grant ment of the United States shall make avail- come of the Trust Fund shall be set forth in the Government of the Federated States of able to the Government of the Federated the separate Trust Fund Agreement de- Micronesia an amount equal to the lesser of States of Micronesia, on its request and to be scribed in subsection (a) of this section. (i) one half of the reasonable, properly docu- deducted from the grant amount made avail- Funds derived from United States invest- mented cost incurred during each fiscal year able under subsection (a) of this section, a ment shall not be subject to Federal or state to conduct the annual audit required under Humanitarian Assistance - Federated States taxes in the United States or the Federated Article VIII (2) of the Fiscal Procedures of Micronesia (‘‘HAFSM’’) Program with em- States of Micronesia. The Trust Fund Agree- Agreement or (ii) $500,000. Such amount will phasis on health, education, and infrastruc- ment shall also provide for annual reports to not be adjusted for inflation under section ture (including transportation), projects. the Government of the United States and to The terms and conditions of the HAFSM 217 or otherwise. Section 213—Joint Economic Management the Government of the Federated States of shall be set forth in the Agreement Regard- Micronesia. The Trust Fund Agreement shall ing the Military Use and Operating Rights of Committee The Governments of the United States and provide for appropriate distributions of trust the Government of the United States in the fund proceeds to the Federated States of Mi- Government of the Federated States of Mi- the Federated States of Micronesia shall es- tablish a Joint Economic Management Com- cronesia and for appropriate remedies for the cronesia Concluded Pursuant to Sections 321 failure of the Federated States of Micronesia and 323 of the Compact of Free Association, mittee, composed of a U.S. chair, two other members from the Government of the United to use income of the Trust Fund for the an- as Amended which shall come into effect si- nual grant purposes set forth in section 211. multaneously with the amendments to this States and two members from the Govern- ment of the Federated States of Micronesia. These remedies may include the return to Compact. the United States of the present market (c) DEVELOPMENT PLAN.—The Government The Joint Economic Management Com- value of its contributions to the Trust Fund of the Federated States of Micronesia shall mittee shall meet at least once each year to and the present market value of any undis- prepare and maintain an official overall de- review the audits and reports required under tributed income on the contributions of the velopment plan. The plan shall be strategic this Title, evaluate the progress made by the in nature, shall be continuously reviewed Federated States of Micronesia in meeting United States. If this Compact, as amended, and updated through the annual budget proc- the objectives identified in its plan described is terminated, the provisions of sections 451 ess, and shall make projections on a multi- in subsection (c) of section 211, with par- through 453 of this Compact, as amended, year rolling basis. Each of the sectors named ticular focus on those parts of the plan deal- shall govern treatment of any U.S. contribu- in subsection (a) of this section, or other sec- ing with the sectors identified in subsection tions to the Trust Fund or accrued interest tors as mutually agreed, shall be accorded (a) of section 211, identify problems encoun- thereon. specific treatment in the plan. Insofar as tered, and recommend ways to increase the Section 216—Sector Grant Funding and Trust grants funds are involved, the plan shall be effectiveness of U.S. assistance made avail- Fund Contributions subject to the concurrence of the Govern- able under this Title. The establishment and The funds described in sections 211, 212(b) ment of the United States. operations of the Joint Economic Manage- and 215 shall be made available as follows:

[In millions of dollars]

Audit Grant Annual Section 212(b) Trust Fund Fiscal year Grants Sec- (amount up Section 215 Total tion 211 to)

2004 ...... 76.2 .5 16 92.7 2005 ...... 76.2 .5 16 92.7 2006 ...... 76.2 .5 16 92.7

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.145 S06PT1 S14202 CONGRESSIONAL RECORD — SENATE November 6, 2003 [In millions of dollars]

Audit Grant Annual Section 212(b) Trust Fund Fiscal year Grants Sec- (amount up Section 215 Total tion 211 to)

2007 ...... 75.4 .5 16.8 92.7 2008 ...... 74.6 .5 17.6 92.7 2009 ...... 73.8 .5 18.4 92.7 2010 ...... 73 .5 19.2 92.7 2011 ...... 72.2 .5 20 92.7 2012 ...... 71.4 .5 20.8 92.7 2013 ...... 70.6 .5 21.6 92.7 2014 ...... 69.8 .5 22.4 92.7 2015 ...... 69 .5 23.2 92.7 2016 ...... 68.2 .5 24 92.7 2017 ...... 67.4 .5 24.8 92.7 2018 ...... 66.6 .5 25.6 92.7 2019 ...... 65.8 .5 26.4 92.7 2020 ...... 65 .5 27.2 92.7 2021 ...... 64.2 .5 28 92.7 2022 ...... 63.4 .5 28.8 92.7 2023 ...... 62.6 .5 29.6 92.7

Section 217—Inflation Adjustment nesia on the effective date of this Compact, Agreement referred to section 231 shall apply Except for the amounts provided for audits as amended, to the extent that such services to any such assistance, services or programs. under section 212(b), the amounts stated in and programs continue to be available to Section 223 this Title shall be adjusted for each United State and local governments of the United The Government of the Federated States of States Fiscal Year by the percent that States. As set forth in the Fiscal Procedures Micronesia shall make available to the Gov- equals two-thirds of the percent change in Agreement, funds provided under subsection ernment of the United States at no cost such the United States Gross Domestic Product (a) of section 211 will be considered to be land as may be necessary for the operations Implicit Price Deflator, or 5 percent, which- local revenues of the Government of the Fed- of the services and programs provided pursu- ever is less in any one year, using the begin- erated States of Micronesia when used as the ant to this Article, and such facilities as are ning of Fiscal Year 2004 as a base. local share required to obtain Federal pro- provided by the Government of the Fed- Section 218—Carry-Over of Unused Funds grams and services. erated States of Micronesia at no cost to the If in any year the funds made available by (2) Unless provided otherwise by U.S. law, Government of the United States as of the the Government of the United States for the services and programs described in para- effective date of this Compact, as amended, that year pursuant to this Article are not graph (1) of this subsection shall be extended or as may be mutually agreed thereafter. completely obligated by the Government of in accordance with the terms of the Federal Section 224 the Federated States of Micronesia, the un- Programs and Services Agreement referred The Government of the Federated States of obligated balances shall remain available in to in section 231. Micronesia may request, from time to time, addition to the funds to be provided in subse- (c) The Government of the United States technical assistance from the Federal agen- quent years. shall have and exercise such authority as is cies and institutions of the Government of Article II necessary to carry out its responsibilities the United States, which are authorized to Services and Program Assistance under this Title and the separate agreements grant such technical assistance in accord- referred to in amended section 231, including ance with its laws. If technical assistance is Section 221 the authority to monitor and administer all granted pursuant to such a request, the Gov- (a) SERVICES.—The Government of the United States shall make available to the service and program assistance provided by ernment of the United States shall provide Federated States of Micronesia, in accord- the United States to the Federated States of the technical assistance in a manner which ance with and to the extent provided in the Micronesia. The Federal Programs and Serv- gives priority consideration to the Federated Federal Programs and Services Agreement ices Agreement referred to in amended sec- States of Micronesia over other recipients tion 231 shall also set forth the extent to referred to in section 231, the services and re- not a part of the United States, its terri- which services and programs shall be pro- lated programs of: tories or possessions, and equivalent consid- vided to the Federated States of Micronesia. eration to the Federated States of Micro- (1) the United States Weather Service; (d) Except as provided elsewhere in this (2) the United States Postal Service; nesia with respect to other states in Free As- Compact, as amended, under any separate sociation with the United States. Such as- (3) the United States Federal Aviation Ad- agreement entered into under this Compact, ministration; sistance shall be made available on a reim- as amended, or otherwise under U.S. law, all bursable or non-reimbursable basis to the ex- (4) the United States Department of Trans- Federal domestic programs extended to or portation; tent provided by United States law. operating in the Federated States of Micro- Article III (5) the Federal Deposit Insurance Corpora- nesia shall be subject to all applicable cri- tion (for the benefit only of the Bank of the teria, standards, reporting requirements, au- Administrative Provisions Federated States of Micronesia), and diting procedures, and other rules and regu- Section 231 (6) the Department of Homeland Security, lations applicable to such programs and serv- The specific nature, extent and contractual and the United States Agency for Inter- ices when operating in the United States. arrangements of the services and programs national Development, Office of Foreign Dis- (e) The Government of the United States provided for in section 221 of this Compact, aster Assistance. shall make available to the Federated States as amended, as well as the legal status of Upon the effective date of this Compact, as of Micronesia alternate energy development agencies of the Government of the United amended, the United States Departments projects, studies, and conservation measures States, their civilian employees and contrac- and Agencies named or having responsibility to the extent provided for the Freely Associ- tors, and the dependents of such personnel to provide these services and related pro- ated States in the laws of the United States. while present in the Federated States of Mi- grams shall have the authority to implement Section 222 cronesia, and other arrangements in connec- the relevant provisions of the Federal Pro- The Government of the United States and tion with the assistance, services, or pro- grams and Services Agreement referred to in the Government of the Federated States of grams furnished by the Government of the section 231. Micronesia may agree from time to time to United States, are set forth in a Federal Pro- (b) PROGRAMS.— extend to the Federated States of Micronesia grams and Services Agreement which shall (1) With the exception of the services and additional United States grant assistance, come into effect simultaneously with this programs covered by subsection (a) of this services and programs, as provided under the Compact, as amended. section, and unless the Congress of the laws of the United States. Unless incon- Section 232 United States provides otherwise, the Gov- sistent with such laws, or otherwise specifi- The Government of the United States, in ernment of the United States shall make cally precluded by the Government of the consultation with the Government of the available to the Federated States of Micro- United States at the time such additional Federated States of Micronesia, shall deter- nesia the services and programs that were grant assistance, services, or programs are mine and implement procedures for the peri- available to the Federated States of Micro- extended, the Federal Programs and Services odic audit of all grants and other assistance

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.145 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14203 made under Article I of this Title and of all calendar year shall be counted against the mination of the source of any income, or the funds expended for the services and programs aggregated quantity of tuna in airtight con- situs of any property, shall for purposes of provided under Article II of this Title. Fur- tainers that is dutiable under rate column this Compact be made according to the ther, in accordance with the Fiscal Proce- numbered 1 of such heading 1604.14.22 for that United States Internal Revenue Code. dures Agreement described in subsection (a) calendar year. Section 253 of section 211, the Comptroller General of the (c) The duty-free treatment provided under A citizen of the Federated States of Micro- United States shall have such powers and au- subsection (a) shall not apply to— nesia, domiciled therein, shall be exempt thorities as described in sections 102 (c) and (1) watches, clocks, and timing apparatus from estate, gift, and generation-skipping 110 (c) of Public Law 99–239, 99 Stat. 1777–78, provided for in Chapter 91, excluding heading transfer taxes imposed by the Government of and 99 Stat. 1799 (January 14, 1986). 9113, of the Harmonized Tariff Schedule of the United States, provided that such citizen Section 233 the United States; of the Federated States of Micronesia is nei- Approval of this Compact, as amended, by (2) buttons (whether finished or not fin- ther a citizen nor a resident of the United the Government of the United States, in ac- ished) provided for in items 9606.21.40 and States. cordance with its constitutional processes, 9606.29.20 of such Schedule; Section 254 shall constitute a pledge by the United (3) textile and apparel articles which are (a) In determining any income tax imposed States that the sums and amounts specified subject to textile agreements; and by the Government of the Federated States as sector grants in section 211 of this Com- (4) footwear, handbags, luggage, flat goods, of Micronesia, the Government of the Fed- pact, as amended, shall be appropriated and work gloves, and leather wearing apparel erated States of Micronesia shall have au- paid to the Federated States of Micronesia which were not eligible articles for purposes thority to impose tax upon income derived for such period as those provisions of this of title V of the Trade Act of 1974 (19 U.S.C. by a resident of the Federated States of Mi- Compact, as amended, remain in force, sub- 2461, et seq.) on April 1, 1984. cronesia from sources without the Federated ject to the terms and conditions of this Title (d) If the cost or value of materials pro- States of Micronesia, in the same manner and related subsidiary agreements. duced in the customs territory of the United and to the same extent as the Government of Section 234 States is included with respect to an eligible the Federated States of Micronesia imposes The Government of the Federated States of article which is a product of the Federated tax upon income derived from within its own Micronesia pledges to cooperate with, per- States of Micronesia, an amount not to ex- jurisdiction. If the Government of the Fed- mit, and assist if reasonably requested, des- ceed 15 percent of the appraised value of the erated States of Micronesia exercises such ignated and authorized representatives of article at the time it is entered that is at- authority as provided in this subsection, any the Government of the United States tributable to such United States cost or individual resident of the Federated States charged with investigating whether Compact value may be applied for duty assessment of Micronesia who is subject to tax by the funds, or any other assistance authorized purposes toward determining the percentage Government of the United States on income under this Compact, as amended, have, or referred to in section 503(a)(2) of title V of which is also taxed by the Government of the are being, used for purposes other than those the Trade Act of 1974. Federated States of Micronesia shall be re- set forth in this Compact, as amended, or its Section 243 lieved of liability to the Government of the subsidiary agreements. In carrying out this Articles imported from the Federated United States for the tax which, but for this investigative authority, such United States States of Micronesia which are not exempt subsection, would otherwise be imposed by Government representatives may request from duty under subsections (a), (b), (c), and the Government of the United States on such that the Government of the Federated States (d) of section 242 shall be subject to the rates income. However, the relief from liability to of Micronesia subpoena documents and of duty set forth in column numbered 1-gen- the United States Government referred to in records and compel testimony in accordance eral of the Harmonized Tariff Schedule of the preceding sentence means only relief in with the laws and Constitution of the Fed- the United States (HTSUS). the form of the foreign tax credit (or deduc- erated States of Micronesia. Such assistance Section 244 tion in lieu thereof) available with respect to by the Government of the Federated States (a) All products of the United States im- the income taxes of a possession of the of Micronesia to the Government of the ported into the Federated States of Micro- United States, and relief in the form of the United States shall not be unreasonably nesia shall receive treatment no less favor- exclusion under section 911 of the Internal withheld. The obligation of the Government able than that accorded like products of any Revenue Code of 1986. For purposes of this of the Federated States of Micronesia to ful- foreign country with respect to customs du- section, the term ‘‘resident of the Federated fill its pledge herein is a condition to its re- ties or charges of a similar nature and with States of Micronesia’’ shall be deemed to in- ceiving payment of such funds or other as- respect to laws and regulations relating to clude any person who was physically present sistance authorized under this Compact, as importation, exportation, taxation, sale, dis- in the Federated States of Micronesia for a amended. The Government of the United tribution, storage or use. period of 183 or more days during any taxable States shall pay any reasonable costs for ex- (b) The provisions of subsection (a) shall year. traordinary services executed by the Govern- not apply to advantages accorded by the (b) If the Government of the Federated ment of the Federated States of Micronesia Federated States of Micronesia by virtue of States of Micronesia subjects income to tax- in carrying out the provisions of this sec- their full membership in the Pacific Island ation substantially similar to that imposed tion. Countries Trade Agreement (PICTA), done by the Trust Territory Code in effect on Jan- Article IV on August 18, 2001, to those governments list- uary 1, 1980, such Government shall be Trade ed in Article 26 of PICTA, as of the date the deemed to have exercised the authority de- Compact, as amended, is signed. scribed in section 254(a). Section 241 (c) Prior to entering into consultations on, The Federated States of Micronesia is not Section 255 or concluding, a free trade agreement with For purposes of section 274(h)(3)(A) of the included in the customs territory of the governments not listed in Article 26 of United States. United States Internal Revenue Code of 1986, PICTA, the Federated States of Micronesia the term ‘‘North American Area’’ shall in- Section 242 shall consult with the United States regard- The President shall proclaim the following clude the Federated States of Micronesia. ing whether or how subsection (a) of section tariff treatment for articles imported from TITLE THREE 244 shall be applied. the Federated States of Micronesia which SECURITY AND DEFENSE RELATIONS shall apply during the period of effectiveness Article V Article I of this title: Finance and Taxation (a) Unless otherwise excluded, articles im- Section 251 Authority and Responsibility ported from the Federated States of Micro- The currency of the United States is the Section 311 nesia, subject to the limitations imposed official circulating legal tender of the Fed- (a) The Government of the United States under section 503(b) of title V of the Trade erated States of Micronesia. Should the Gov- has full authority and responsibility for se- Act of 1974 (19 U.S.C. 2463(b)), shall be exempt ernment of the Federated States of Micro- curity and defense matters in or relating to from duty. nesia act to institute another currency, the the Federated States of Micronesia. (b) Only tuna in airtight containers pro- terms of an appropriate currency transi- (b) This authority and responsibility in- vided for in heading 1604.14.22 of the Har- tional period shall be as agreed with the cludes: monized Tariff Schedule of the United States Government of the United States. (1) the obligation to defend the Federated that is imported from the Federated States Section 252 States of Micronesia and its people from at- of Micronesia and the Republic of the Mar- The Government of the Federated States of tack or threats thereof as the United States shall Islands during any calendar year not to Micronesia may, with respect to United and its citizens are defended; exceed 10 percent of apparent United States States persons, tax income derived from (2) the option to foreclose access to or use consumption of tuna in airtight containers sources within its respective jurisdiction, of the Federated States of Micronesia by during the immediately preceding calendar property situated therein, including trans- military personnel or for the military pur- year, as reported by the National Marine fers of such property by gift or at death, and poses of any third country; and Fisheries Service, shall be exempt from products consumed therein, in such manner (3) the option to establish and use military duty; but the quantity of tuna given duty- as the Government of the Federated States areas and facilities in the Federated States free treatment under this paragraph for any of Micronesia deems appropriate. The deter- of Micronesia, subject to the terms of the

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.146 S06PT1 S14204 CONGRESSIONAL RECORD — SENATE November 6, 2003 separate agreements referred to in sections of the United States under this section or on Subject to the terms of this Compact, as 321 and 323. the application of this subsection. amended, and its related agreements, the (c) The Government of the United States (f) The provisions of this section shall Government of the United States, exclu- confirms that it shall act in accordance with apply in the areas in which the Government sively, has assumed and enjoys, as to the the principles of international law and the of the Federated States of Micronesia exer- Federated States of Micronesia, all obliga- Charter of the United Nations in the exercise cises jurisdiction over the living resources of tions, responsibilities, rights and benefits of: of this authority and responsibility. the seabed, subsoil or water column adjacent (a) Any defense treaty or other inter- Section 312 to its coasts. national security agreement applied by the Subject to the terms of any agreements ne- Section 315 Government of the United States as Admin- gotiated in accordance with sections 321 and The Government of the United States may istering Authority of the Trust Territory of 323, the Government of the United States invite members of the armed forces of other the Pacific Islands as of November 2, 1986. may conduct within the lands, waters and countries to use military areas and facilities (b) Any defense treaty or other inter- airspace of the Federated States of Micro- in the Federated States of Micronesia, in national security agreement to which the nesia the activities and operations necessary conjunction with and under the control of Government of the United States is or may for the exercise of its authority and responsi- United States Armed Forces. Use by units of become a party which it determines to be ap- bility under this Title. the armed forces of other countries of such plicable in the Federated States of Micro- Section 313 military areas and facilities, other than for nesia. Such a determination by the Govern- (a) The Government of the Federated transit and overflight purposes, shall be sub- ment of the United States shall be preceded States of Micronesia shall refrain from ac- ject to consultation with and, in the case of by appropriate consultation with the Gov- tions that the Government of the United major units, approval of the Government of ernment of the Federated States of Micro- States determines, after appropriate con- the Federated States of Micronesia. nesia. sultation with that Government, to be in- Section 316 Article IV compatible with its authority and responsi- The authority and responsibility of the bility for security and defense matters in or Government of the United States under this Service in Armed Forces of the United relating to the Federated States of Micro- Title may not be transferred or otherwise as- States nesia. signed. Section 341 (b) The consultations referred to in this Article II Any person entitled to the privileges set section shall be conducted expeditiously at Defense Facilities and Operating Rights forth in Section 141 (with the exception of senior levels of the two Governments, and any person described in section 141(a)(5) who Section 321 the subsequent determination by the Gov- is not a citizen of the Federated States of (a) Specific arrangements for the establish- ernment of the United States referred to in Micronesia) shall be eligible to volunteer for ment and use by the Government of the this section shall be made only at senior service in the Armed Forces of the United United States of military areas and facilities interagency levels of the Government of the States, but shall not be subject to involun- in the Federated States of Micronesia are set United States. tary induction into military service of the forth in separate agreements, which shall re- (c) The Government of the Federated United States as long as such person has re- main in effect in accordance with the terms States of Micronesia shall be afforded, on an sided in the United States for a period of less of such agreements. expeditious basis, an opportunity to raise its (b) If, in the exercise of its authority and than one year, provided that no time shall concerns with the United States Secretary of responsibility under this Title, the Govern- count towards this one year while a person State personally and the United States Sec- ment of the United States requires the use of admitted to the United States under the retary of Defense personally regarding any areas within the Federated States of Micro- Compact, or the Compact, as amended, is en- determination made in accordance with this nesia in addition to those for which specific gaged in full-time study in the United section. arrangements are concluded pursuant to sec- States. Any person described in section Section 314 tion 321(a), it may request the Government 141(a)(5) who is not a citizen of the Federated (a) Unless otherwise agreed, the Govern- of the Federated States of Micronesia to sat- States of Micronesia shall be subject to ment of the United States shall not, in the isfy those requirements through leases or United States laws relating to selective serv- Federated States of Micronesia: other arrangements. The Government of the ice. (1) test by detonation or dispose of any nu- Federated States of Micronesia shall sympa- Section 342 clear weapon, nor test, dispose of, or dis- thetically consider any such request and The Government of the United States shall charge any toxic chemical or biological shall establish suitable procedures to discuss have enrolled, at any one time, at least one weapon; or it with and provide a prompt response to the qualified student from the Federated States (2) test, dispose of, or discharge any other Government of the United States. of Micronesia, as may be nominated by the radioactive, toxic chemical or biological ma- (c) The Government of the United States Government of the Federated States of Mi- terials in an amount or manner which would recognizes and respects the scarcity and spe- cronesia, in each of: be hazardous to public health or safety. cial importance of land in the Federated (a) The United States Coast Guard Acad- (b) Unless otherwise agreed, other than for States of Micronesia. In making any re- emy pursuant to 14 U.S.C. 195. transit or overflight purposes or during time quests pursuant to section 321(b), the Gov- (b) The United States Merchant Marine of a national emergency declared by the ernment of the United States shall follow Academy pursuant to 46 U.S.C. 1295(b)(6), President of the United States, a state of the policy of requesting the minimum area provided that the provisions of 46 U.S.C. war declared by the Congress of the United necessary to accomplish the required secu- 1295b(b)(6)(C) shall not apply to the enroll- States or as necessary to defend against an rity and defense purpose, of requesting only ment of students pursuant to section 342(b) actual or impending armed attack on the the minimum interest in real property nec- of this Compact, as amended. United States, the Federated States of Mi- essary to support such purpose, and of re- Article V cronesia or the Republic of the Marshall Is- questing first to satisfy its requirement lands, the Government of the United States General Provisions through public real property, where avail- shall not store in the Federated States of Mi- Section 351 able, rather than through private real prop- cronesia or the Republic of the Marshall Is- (a) The Government of the United States erty. lands any toxic chemical weapon, nor any ra- and the Government of the Federated States Section 322 of Micronesia shall continue to maintain a dioactive materials nor any toxic chemical The Government of the United States shall Joint Committee empowered to consider dis- materials intended for weapons use. provide and maintain fixed and floating aids (c) Radioactive, toxic chemical, or biologi- putes arising under the implementation of to navigation in the Federated States of Mi- cal materials not intended for weapons use this Title and its related agreements. cronesia at least to the extent necessary for shall not be affected by section 314(b). (b) The membership of the Joint Com- the exercise of its authority and responsi- (d) No material or substance referred to in mittee shall comprise selected senior offi- bility under this Title. this section shall be stored in the Federated cials of the two Governments. The senior Section 323 States of Micronesia except in an amount The military operating rights of the Gov- United States military commander in the and manner which would not be hazardous to ernment of the United States and the legal Pacific area shall be the senior United States public health or safety. In determining what status and contractual arrangements of the member of the Joint Committee. For the shall be an amount or manner which would United States Armed Forces, their members, meetings of the Joint Committee, each of be hazardous to public health or safety under and associated civilians, while present in the the two Governments may designate addi- this section, the Government of the United Federated States of Micronesia are set forth tional or alternate representatives as appro- States shall comply with any applicable mu- in separate agreements, which shall remain priate for the subject matter under consider- tual agreement, international guidelines ac- in effect in accordance with the terms of ation. cepted by the Government of the United such agreements. (c) Unless otherwise mutually agreed, the States, and the laws of the United States and Joint Committee shall meet annually at a their implementing regulations. Article III time and place to be designated, after appro- (e) Any exercise of the exemption author- Defense Treaties and International Security priate consultation, by the Government of ity set forth in section 161(e) shall have no Agreements the United States. The Joint Committee also effect on the obligations of the Government Section 331 shall meet promptly upon request of either

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.146 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14205 of its members. The Joint Committee shall States of Micronesia, and in view of the ex- ally agree that the decision shall be advi- follow such procedures, including the estab- istence of the separate agreement regarding sory. Arbitration shall occur according to lishment of functional subcommittees, as mutual security concluded with the Govern- the following terms: the members may from time to time agree. ment of the Federated States of Micronesia (a) An Arbitration Board shall consist of a Upon notification by the Government of the pursuant to sections 321 and 323, that, even if Chairman and two other members, each of United States, the Joint Committee of the this Title should terminate, any attack on whom shall be a citizen of a party to the dis- United States and the Federated States of the Federated States of Micronesia during pute. Each of the two Governments which is Micronesia shall meet promptly in a com- the period in which such separate agreement a party to the dispute shall appoint one bined session with the Joint Committee es- is in effect, would constitute a threat to the member to the Arbitration Board. If either tablished and maintained by the Government peace and security of the entire region and a party to the dispute does not fulfill the ap- of the United States and the Republic of the danger to the United States. In the event of pointment requirements of this section with- Marshall Islands to consider matters within such an attack, the Government of the in 30 days of referral of the dispute to arbi- the jurisdiction of the two Joint Commit- United States would take action to meet the tration pursuant to section 423, its member tees. danger to the United States and to the Fed- on the Arbitration Board shall be selected (d) Unresolved issues in the Joint Com- erated States of Micronesia in accordance from its own standing list by the other party mittee shall be referred to the Governments with its constitutional processes. to the dispute. Each Government shall main- for resolution, and the Government of the (c) As reflected in Article 21(1)(b) of the tain a standing list of 10 candidates. The par- Federated States of Micronesia shall be af- Trust Fund Agreement, the Government of ties to the dispute shall jointly appoint a forded, on an expeditious basis, an oppor- the United States and the Government of the Chairman within 15 days after selection of tunity to raise its concerns with the United Federated States of Micronesia further rec- the other members of the Arbitration Board. States Secretary of Defense personally re- ognize, in view of the special relationship be- Failing agreement on a Chairman, the Chair- garding any unresolved issue which threat- tween their countries, that even if this Title man shall be chosen by lot from the standing ens its continued association with the Gov- should terminate, the Government of the lists of the parties to the dispute within 5 ernment of the United States. Federated States of Micronesia shall refrain days after such failure. Section 352 from actions which the Government of the (b) Unless otherwise provided in this Com- In the exercise of its authority and respon- United States determines, after appropriate pact, as amended, or its related agreements, sibility under Title Three, the Government consultation with that Government, to be in- the Arbitration Board shall have jurisdiction of the United States shall accord due respect compatible with its authority and responsi- to hear and render its final determination on to the authority and responsibility of the bility for security and defense matters in or all disputes arising exclusively under Arti- Government of the Federated States of Mi- relating to the Federated States of Micro- cles I, II, III, IV and V of Title One, Title cronesia under Titles One, Two and Four and nesia or the Republic of the Marshall Is- Two, Title Four, and their related agree- to the responsibility of the Government of lands. ments. the Federated States of Micronesia to assure TITLE FOUR (c) Each member of the Arbitration Board the well-being of its people. GENERAL PROVISIONS shall have one vote. Each decision of the Ar- Section 353 bitration Board shall be reached by majority (a) The Government of the United States Article I vote. shall not include the Government of the Fed- Approval and Effective Date (d) In determining any legal issue, the Ar- erated States of Micronesia as a named party Section 411 bitration Board may have reference to inter- to a formal declaration of war, without that Pursuant to section 432 of the Compact and national law and, in such reference, shall Government’s consent. subject to subsection (e) of section 461 of the apply as guidelines the provisions set forth (b) Absent such consent, this Compact, as Compact, as amended, the Compact, as in Article 38 of the Statute of the Inter- amended, is without prejudice, on the ground amended, shall come into effect upon mutual national Court of Justice. of belligerence or the existence of a state of agreement between the Government of the (e) The Arbitration Board shall adopt such war, to any claims for damages which are ad- United States and the Government of the rules for its proceedings as it may deem ap- vanced by the citizens, nationals or Govern- Federated States of Micronesia subsequent propriate and necessary, but such rules shall ment of the Federated States of Micronesia, to completion of the following: not contravene the provisions of this Com- which arise out of armed conflict subsequent (a) Approval by the Government of the pact, as amended. Unless the parties provide to November 3, 1986, and which are: Federated States of Micronesia in accord- otherwise by mutual agreement, the Arbitra- (1) petitions to the Government of the ance with its constitutional processes. tion Board shall endeavor to render its deci- United States for redress; or (b) Approval by the Government of the sion within 30 days after the conclusion of (2) claims in any manner against the gov- United States in accordance with its con- arguments. The Arbitration Board shall ernment, citizens, nationals or entities of stitutional processes. make findings of fact and conclusions of law any third country. and its members may issue dissenting or in- (c) Petitions under section 353(b)(1) shall Article II dividual opinions. Except as may be other- be treated as if they were made by citizens of Conference and Dispute Resolution wise decided by the Arbitration Board, one- the United States. Section 421 half of all costs of the arbitration shall be Section 354 The Government of the United States shall borne by the Government of the United (a) The Government of the United States confer promptly at the request of the Gov- States and the remainder shall be borne by and the Government of the Federated States ernment of the Federated States of Micro- the Government of the Federated States of of Micronesia are jointly committed to con- nesia and that Government shall confer Micronesia. tinue their security and defense relations, as promptly at the request of the Government set forth in this Title. Accordingly, it is the of the United States on matters relating to Article III intention of the two countries that the pro- the provisions of this Compact, as amended, Amendment visions of this Title shall remain binding as or of its related agreements. Section 431 long as this Compact, as amended, remains Section 422 The provisions of this Compact, as amend- in effect, and thereafter as mutually agreed, In the event the Government of the United ed, may be further amended by mutual unless earlier terminated by mutual agree- States or the Government of the Federated agreement of the Government of the United ment pursuant to section 441, or amended States of Micronesia, after conferring pursu- States and the Government of the Federated pursuant to Article III of Title Four. If at ant to section 421, determines that there is a States of Micronesia, in accordance with any time the Government of the United dispute and gives written notice thereof, the their respective constitutional processes. States, or the Government of the Federated two Governments shall make a good faith ef- Article IV States of Micronesia, acting unilaterally, fort to resolve the dispute between them- Termination terminates this Title, such unilateral termi- selves. Section 441 nation shall be considered to be termination Section 423 This Compact, as amended, may be termi- of the entire Compact, in which case the pro- If a dispute between the Government of the nated by mutual agreement of the Govern- visions of section 442 and 452 (in the case of United States and the Government of the ment of the Federated States of Micronesia termination by the Government of the Federated States of Micronesia cannot be re- and the Government of the United States, in United States) or sections 443 and 453 (in the solved within 90 days of written notification accordance with their respective constitu- case of termination by the Government of in the manner provided in section 422, either tional processes. Such mutual termination of the Federated States of Micronesia), with party to the dispute may refer it to arbitra- this Compact, as amended, shall be without the exception of paragraph (3) of subsection tion in accordance with section 424. prejudice to the continued application of sec- (a) of section 452 or paragraph (3) of sub- Section 424 tion 451 of this Compact, as amended, and section (a) of section 453, as the case may be, Should a dispute be referred to arbitration the provisions of the Compact, as amended, shall apply. as provided for in section 423, an Arbitration set forth therein. (b) The Government of the United States Board shall be established for the purpose of Section 442 recognizes, in view of the special relation- hearing the dispute and rendering a decision Subject to section 452, this Compact, as ship between the Government of the United which shall be binding upon the two parties amended, may be terminated by the Govern- States and the Government of the Federated to the dispute unless the two parties mutu- ment of the United States in accordance

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.146 S06PT1 S14206 CONGRESSIONAL RECORD — SENATE November 6, 2003 with its constitutional processes. Such ter- amended, the following provisions of this the manner described in the Trust Fund mination shall be effective on the date speci- Compact, as amended, shall remain in full Agreement. fied in the notice of termination by the Gov- force and effect until the twentieth anniver- (d) In view of the special relationship of ernment of the United States but not earlier sary of the effective date of this Compact, as the United States and the Federated States than six months following delivery of such amended, and thereafter as mutually agreed: of Micronesia, as reflected in subsections notice. The time specified in the notice of (1) Article VI and sections 172, 173, 176 and 354(b) and (c) of this Compact, as amended, termination may be extended. Such termi- 177 of Title One; and the separate agreement regarding mu- nation of this Compact, as amended, shall be (2) Sections 232 and 234 of Title Two; tual security, and the Trust Fund Agree- without prejudice to the continued applica- (3) Title Three; and ment, if termination occurs pursuant to sec- tion of section 452 of this Compact, as (4) Articles II, III, V and VI of Title Four. tion 443 following the twentieth anniversary amended, and the provisions of the Compact, (b) Should termination occur pursuant to of the effective date of this Compact, as as amended, set forth therein. section 442 before the twentieth anniversary amended, the Federated States of Micronesia Section 443 of the effective date of the Compact, as shall continue to be eligible to receive pro- This Compact, as amended, shall be termi- amended: ceeds from the Trust Fund described in sec- nated by the Government of the Federated (1) Except as provided in paragraph (2) of tion 215 of this Compact, as amended, in the States of Micronesia, pursuant to its con- this subsection and subsection (c) of this sec- manner described in those provisions and the stitutional processes, subject to section 453 if tion, economic and other assistance by the Trust Fund Agreement. United States shall continue only if and as Section 454 the people represented by that Government Notwithstanding any other provision of mutually agreed by the Governments of the vote in a plebiscite to terminate the Com- this Compact, as amended: United States and the Federated States of pact, as amended, or by another process per- (a) The Government of the United States Micronesia. mitted by the FSM constitution and mutu- reaffirms its continuing interest in pro- (2) In view of the special relationship of the ally agreed between the Governments of the moting the economic advancement and budg- United States and the Federated States of United States and the Federated States of etary self-reliance of the people of the Fed- Micronesia. The Government of the Fed- Micronesia, as reflected in subsections (b) erated States of Micronesia. erated States of Micronesia shall notify the and (c) of section 354 of this Compact, as (b) The separate agreements referred to in Government of the United States of its in- amended, and the separate agreement re- Article II of Title Three shall remain in ef- tention to call such a plebiscite, or to pursue garding mutual security, and the Trust Fund fect in accordance with their terms. another mutually agreed and constitutional Agreement, the United States shall continue Article VI process, which plebiscite or process shall to make contributions to the Trust Fund de- take place not earlier than three months scribed in section 215 of this Compact, as Definition of Terms after delivery of such notice. The plebiscite amended, in the manner described in the Section 461 or other process shall be administered by the Trust Fund Agreement. For the purpose of this Compact, as Government of the Federated States of Mi- (c) In view of the special relationship of amended, only, and without prejudice to the cronesia in accordance with its constitu- the United States and the Federated States views of the Government of the United tional and legislative processes. If a major- of Micronesia, as reflected in subsections States or the Government of the Federated States of Micronesia as to the nature and ex- ity of the valid ballots cast in the plebiscite 354(b) and (c) of this Compact, as amended, tent of the jurisdiction of either of them or other process favors termination, the Gov- and the separate agreement regarding mu- under international law, the following terms ernment of the Federated States of Micro- tual security, and the Trust Fund Agree- shall have the following meanings: nesia shall, upon certification of the results ment, if termination occurs pursuant to sec- (a) ‘‘Trust Territory of the Pacific Islands’’ of the plebiscite or other process, give notice tion 442 following the twentieth anniversary means the area established in the Trustee- of termination to the Government of the of the effective date of this Compact, as amended, the Federated States of Micronesia ship Agreement consisting of the former ad- United States, such termination to be effec- ministrative districts of Kosrae, Yap, tive on the date specified in such notice but shall continue to be eligible to receive pro- ceeds from the Trust Fund described in sec- Ponape, the Marshall Islands and Truk as de- not earlier than three months following the scribed in Title One, Trust Territory Code, date of delivery of such notice. The time tion 215 of this Compact, as amended, in the manner described in those provisions and the section 1, in force on January 1, 1979. This specified in the notice of termination may be term does not include the area of Palau or extended. Trust Fund Agreement. Section 453 the Northern Mariana Islands. Article V (a) Should termination occur pursuant to (b) ‘‘Trusteeship Agreement’’ means the Survivability section 443 prior to the twentieth anniver- agreement setting forth the terms of trustee- Section 451 sary of the effective date of this Compact, as ship for the Trust Territory of the Pacific Is- (a) Should termination occur pursuant to amended, the following provisions of this lands, approved by the Security Council of section 441, economic and other assistance Compact, as amended, shall remain in full the United Nations April 2, 1947, and by the by the Government of the United States force and effect until the twentieth anniver- United States July 18, 1947, entered into shall continue only if and as mutually sary of the effective date of this Compact, as force July 18, 1947, 61 Stat. 3301, T.I.A.S. 1665, agreed by the Governments of the United amended, and thereafter as mutually agreed: 8 U.N.T.S. 189. States and the Federated States of Micro- (1) Article VI and sections 172, 173, 176 and (c) ‘‘The Federated States of Micronesia’’ nesia, and in accordance with the parties’ re- 177 of Title One; and ‘‘the Republic of the Marshall Islands’’ spective constitutional processes. (2) Sections 232 and 234 of Title Two; are used in a geographic sense and include (b) In view of the special relationship of (3) Title Three; and the land and water areas to the outer limits the United States and the Federated States (4) Articles II, III, V and VI of Title Four. of the territorial sea and the air space above of Micronesia, as reflected in subsections (b) (b) Upon receipt of notice of termination such areas as now or hereafter recognized by and (c) of section 354 of this Compact, as pursuant to section 443, the Government of the Government of the United States. amended, and the separate agreement en- the United States and the Government of the (d) ‘‘Compact’’ means the Compact of Free tered into consistent with those subsections, Federated States of Micronesia shall Association Between the United States and if termination occurs pursuant to section 441 promptly consult with regard to their future the Federated States of Micronesia and the prior to the twentieth anniversary of the ef- relationship. Except as provided in sub- Marshall Islands, that was approved by the fective date of this Compact, as amended, section (c) and (d) of this section, these con- United States Congress in section 201 of Pub- the United States shall continue to make sultations shall determine the level of eco- lic Law 99–239 (Jan. 14, 1986) and went into ef- contributions to the Trust Fund described in nomic and other assistance, if any, which the fect with respect to the Federated States of section 215 of this Compact, as amended. Government of the United States shall pro- Micronesia on November 3, 1986. (c) In view of the special relationship of vide to the Government of the Federated (e) ‘‘Compact, as amended’’ means the the United States and the Federated States States of Micronesia for the period ending on Compact of Free Association Between the of Micronesia described in subsection (b) of the twentieth anniversary of the effective United States and the Federated States of this section, if termination occurs pursuant date of this Compact, as amended, and for Micronesia, as amended. The effective date to section 441 following the twentieth anni- any period thereafter, if mutually agreed. of the Compact, as amended, shall be on a versary of the effective date of this Compact, (c) In view of the special relationship of date to be determined by the President of as amended, the Federated States of Micro- the United States and the Federated States the United States, and agreed to by the Gov- nesia shall be entitled to receive proceeds of Micronesia, as reflected in subsections ernment of the Federated States of Micro- from the Trust Fund described in section 215 354(b) and (c) of this Compact, as amended, nesia, following formal approval of the Com- of this Compact, as amended, in the manner and the separate agreement regarding mu- pact, as amended, in accordance with section described in those provisions and the Trust tual security, and the Trust Fund Agree- 411 of this Compact, as amended. Fund Agreement governing the distribution ment, if termination occurs pursuant to sec- (f) ‘‘Government of the Federated States of of such proceeds. tion 443 prior to the twentieth anniversary of Micronesia’’ means the Government estab- Section 452 the effective date of this Compact, as amend- lished and organized by the Constitution of (a) Should termination occur pursuant to ed, the United States shall continue to make the Federated States of Micronesia including section 442 prior to the twentieth anniver- contributions to the Trust Fund described in all the political subdivisions and entities sary of the effective date of this Compact, as section 215 of this Compact, as amended, in comprising that Government.

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.146 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14207 (g) ‘‘Government of the Republic of the (1) Federal Programs and Services Agree- Article VII Marshall Islands’’ means the Government es- ment Between the Government of the United Concluding Provisions tablished and organized by the Constitution States of America and the Government of of the Republic of the Marshall Islands in- the Federated States of Micronesia Con- Section 471 cluding all the political subdivisions and en- cluded Pursuant to Article III of Title One, Both the Government of the United States tities comprising that Government. Article II of Title Two (including Section and the Government of the Federated States (h) The following terms shall be defined 222), and Section 231 of the Compact of Free of Micronesia shall take all necessary steps, consistent with the 1998 Edition of the Radio Association, as amended which includes: of a general or particular character, to en- Regulations of the International Tele- (i) Postal Services and Related Programs; sure, no later than the entry into force date communications Union as follows: (ii) Weather Services and Related Pro- of this Compact, as amended, the conformity (1) ‘‘Radiocommunication’’ means tele- grams; of its laws, regulations and administrative communication by means of radio waves. (iii) Civil Aviation Safety Service and Re- procedures with the provisions of this Com- (2) ‘‘Station’’ means one or more transmit- lated Programs; pact, as amended, or in the case of sub- ters or receivers or a combination of trans- (iv) Civil Aviation Economic Services and section (d) of section 141, as soon as reason- mitters and receivers, including the acces- Related Programs; ably possible thereafter. sory equipment, necessary at one location (v) United States Disaster Preparedness Section 472 for carrying on a radiocommunication serv- and Response Services and Related Pro- This Compact, as amended, may be accept- ice, or the radio astronomy service. grams; ed, by signature or otherwise, by the Govern- (3) ‘‘Broadcasting Service’’ means a (vi) Federal Deposit Insurance Corporation ment of the United States and the Govern- radiocommunication service in which the Services and Related Programs; and ment of the Federated States of Micronesia. transmissions are intended for direct recep- (vii) Telecommunications Services and Re- tion by the general public. This service may lated Programs. IN WITNESS WHEREOF, the undersigned, include sound transmissions, television (2) Agreement Between the Government of duly authorized, have signed this Compact of transmissions or other types of trans- the United States of America and the Gov- Free Association, as amended, which shall mission. ernment of the Federated States of Micro- enter into force upon the exchange of diplo- (4) ‘‘Broadcasting Station’’ means a sta- nesia on Extradition, Mutual Assistance in matic notes by which the Government of the tion in the broadcasting service. Law Enforcement Matters and Penal Sanc- United States of America and the Govern- (5) ‘‘Assignment (of a radio frequency or tions Concluded Pursuant to Section 175(a) ment of the Federated States of Micronesia radio frequency channel)’’ means an author- of the Compact of Free Association, as inform each other about the fulfillment of ization given by an administration for a amended; their respective requirements for entry into radio station to use a radio frequency or (3) Agreement Between the Government of force. radio frequency channel under specified con- the United States of America and the Gov- DONE at Pohnpei, Federated States of Mi- ditions. ernment of the Federated States of Micro- cronesia, in duplicate, this fourteenth (14) (6) ‘‘Telecommunication’’ means any trans- nesia on Labor Recruitment Concluded Pur- day of May, 2003, each text being equally au- mission, emission or reception of signs, sig- suant to Section 175(b) of the Compact of thentic. nals, writings, images and sounds or intel- Free Association, as amended; Signed (May 14, 2003) For Signed (May 14, 2003) For ligence of any nature by wire, radio, optical (4) Agreement Concerning Procedures for the Government of the Government of or other electromagnetic systems. the Implementation of United States Eco- the United States of the Federated States (i) ‘‘Military Areas and Facilities’’ means nomic Assistance Provided in the Compact of America: of Micronesia: those areas and facilities in the Federated Free Association, as Amended, of Free Asso- (b) COMPACT OF FREE ASSOCIATION, AS States of Micronesia reserved or acquired by ciation Between the Government of the AMENDED, BETWEEN THE GOVERNMENT OF THE the Government of the Federated States of United States of America and Government of UNITED STATES OF AMERICA AND THE GOVERN- Micronesia for use by the Government of the the Federated States of Micronesia; MENT OF THE REPUBLIC OF THE MARSHALL IS- United States, as set forth in the separate (5) Agreement Between the Government of LANDS.—The Compact of Free Association, as agreements referred to in section 321. the United States of America and the Gov- amended, between the Government of the (j) ‘‘Tariff Schedules of the United States’’ ernment of the Federated States of Micro- United States of America and the Govern- means the Tariff Schedules of the United nesia Implementing Section 215 and Section ment of the Republic of the Marshall Islands States as amended from time to time and as 216 of the Compact, as Amended, Regarding a is as follows: promulgated pursuant to United States law Trust Fund; and includes the Tariff Schedules of the (6) Agreement Regarding the Military Use PREAMBLE United States Annotated (TSUSA), as and Operating Rights of the Government of THE GOVERNMENT OF THE UNITED amended. the United States in the Federated States of STATES OF AMERICA AND THE GOV- (k) ‘‘Vienna Convention on Diplomatic Re- Micronesia Concluded Pursuant to Sections ERNMENT OF THE REPUBLIC OF THE lations’’ means the Vienna Convention on 211(b), 321 and 323 of the Compact of Free As- MARSHALL ISLANDS Diplomatic Relations, done April 18, 1961, 23 sociation, as Amended; and the U.S.T. 3227, T.I.A.S. 7502, 500 U.N.T.S. 95. (7) Status of Forces Agreement Between Affirming that their Governments and Section 462 the Government of the United States of their relationship as Governments are found- ed upon respect for human rights and funda- (a) The Government of the United States America and the Government of the Fed- mental freedoms for all, and that the people and the Government of the Federated States erated States of Micronesia Concluded Pur- of the Republic of the Marshall Islands have of Micronesia previously have concluded suant to Section 323 of the Compact of Free the right to enjoy self-government; and agreements pursuant to the Compact, which Association, as Amended. Affirming the common interests of the shall remain in effect and shall survive in ac- Section 463 cordance with their terms, as follows: United States of America and the Republic (1) Agreement Concluded Pursuant to Sec- (a) Except as set forth in subsection (b) of of the Marshall Islands in creating and main- tion 234 of the Compact; this section, any reference in this Compact, taining their close and mutually beneficial (2) Agreement Between the Government of as amended, to a provision of the United relationship through the free and voluntary the United States and the Government of the States Code or the Statutes at Large of the association of their respective Governments; Federated States of Micronesia Regarding United States constitutes the incorporation and Friendship, Cooperation and Mutual Secu- of the language of such provision into this Affirming the interest of the Government rity Concluded Pursuant to Sections 321 and Compact, as amended, as such provision was of the United States in promoting the eco- 323 of the Compact of Free Association; and in force on the effective date of this Com- nomic advancement and budgetary self-reli- (3) Agreement between the Government of pact, as amended. ance of the Republic of the Marshall Islands; the United States of America and the Fed- (b) Any reference in Articles IV and Article and erated States of Micronesia Regarding As- VI of Title One and Sections 174, 175, 178 and Recognizing that their relationship until pects of the Marine Sovereignty and Juris- 342 to a provision of the United States Code the entry into force on October 21, 1986 of the diction of the Federated States of Micro- or the Statutes at Large of the United States Compact was based upon the International nesia. or to the Privacy Act, the Freedom of Infor- Trusteeship System of the United Nations (b) The Government of the United States mation Act, the Administrative Procedure Charter, and in particular Article 76 of the and the Government of the Federated States Act or the Immigration and Nationality Act Charter; and that pursuant to Article 76 of of Micronesia shall conclude prior to the constitutes the incorporation of the lan- the Charter, the people of the Republic of the date of submission of this Compact, as guage of such provision into this Compact, Marshall Islands have progressively devel- amended, to the legislatures of the two coun- as amended, as such provision was in force oped their institutions of self-government, tries, the following related agreements on the effective date of this Compact, as and that in the exercise of their sovereign which shall come into effect on the effective amended, or as it may be amended thereafter right to self-determination they, through date of this Compact, as amended, and shall on a non-discriminatory basis according to their freely-expressed wishes, have adopted a survive in accordance with their terms, as the constitutional processes of the United Constitution appropriate to their particular follows: States. circumstances; and

VerDate jul 14 2003 07:18 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.146 S06PT1 S14208 CONGRESSIONAL RECORD — SENATE November 6, 2003 Recognizing that the Compact reflected treaties and other international agreements functions previously performed by the Gov- their common desire to terminate the Trust- with governments and regional and inter- ernment of the United States with respect to eeship and establish a government-to-gov- national organizations. domestic and foreign communications, ex- ernment relationship which was in accord- (d) In the conduct of its foreign affairs, the cept for those functions set forth in a sepa- ance with the new political status based on Government of the Republic of the Marshall rate agreement entered into pursuant to this the freely expressed wishes of the people of Islands confirms that it shall act in accord- section of the Compact, as amended. the Republic of the Marshall Islands and ap- ance with principles of international law and Section 132 propriate to their particular circumstances; shall settle its international disputes by The Government of the Republic of the and peaceful means. Marshall Islands shall permit the Govern- Recognizing that the people of the Repub- Section 122 ment of the United States to operate tele- lic of the Marshall Islands have and retain The Government of the United States shall communications services in the Republic of their sovereignty and their sovereign right support applications by the Government of the Marshall Islands to the extent necessary to self-determination and the inherent right the Republic of the Marshall Islands for to fulfill the obligations of the Government to adopt and amend their own Constitution membership or other participation in re- of the United States under this Compact, as and form of government and that the ap- gional or international organizations as may amended, in accordance with the terms of proval of the entry of the Government of the be mutually agreed. separate agreements entered into pursuant Republic of the Marshall Islands into the Section 123 to this section of the Compact, as amended. Compact by the people of the Republic of the (a) In recognition of the authority and re- Article IV sponsibility of the Government of the United Marshall Islands constituted an exercise of Immigration their sovereign right to self-determination; States under Title Three, the Government of the Republic of the Marshall Islands shall Section 141 and (a) In furtherance of the special and unique Recognizing the common desire of the peo- consult, in the conduct of its foreign affairs, with the Government of the United States. relationship that exists between the United ple of the United States and the people of the States and the Republic of the Marshall Is- Republic of the Marshall Islands to maintain (b) In recognition of the foreign affairs ca- pacity of the Government of the Republic of lands, under the Compact, as amended, any their close government-to-government rela- person in the following categories may be ad- tionship, the United States and the Republic the Marshall Islands, the Government of the United States, in the conduct of its foreign mitted to lawfully engage in occupations, of the Marshall Islands: and establish residence as a nonimmigrant in NOW, THEREFORE, MUTUALLY AGREE affairs, shall consult with the Government of the Republic of the Marshall Islands on mat- the United States and its territories and pos- to continue and strengthen their relation- sessions (the ‘‘United States’’) without re- ship of free association by amending the ters that the Government of the United States regards as relating to or affecting the gard to paragraphs (5) or (7)(B)(i)(II) of sec- Compact, which continues to provide a full tion 212(a) of the Immigration and Nation- measure of self-government for the people of Government of the Republic of the Marshall Islands. ality Act, as amended, 8 U.S.C. 1182(a)(5) or the Republic of the Marshall Islands; and (7)(B)(i)(II): FURTHER AGREE that the relationship of Section 124 The Government of the United States may (1) a person who, on October 21, 1986, was a free association derives from and is as set assist or act on behalf of the Government of citizen of the Trust Territory of the Pacific forth in this Compact, as amended, by the the Republic of the Marshall Islands in the Islands, as defined in Title 53 of the Trust Governments of the United States and the area of foreign affairs as may be requested Territory Code in force on January 1, 1979, Republic of the Marshall Islands; and that, and mutually agreed from time to time. The and has become and remains a citizen of the during such relationship of free association, Government of the United States shall not Republic of the Marshall Islands; the respective rights and responsibilities of be responsible to third parties for the actions (2) a person who acquires the citizenship of the Government of the United States and the of the Government of the Republic of the the Republic of the Marshall Islands at birth, Government of the Republic of the Marshall Marshall Islands undertaken with the assist- on or after the effective date of the Constitu- Islands in regard to this relationship of free ance or through the agency of the Govern- tion of the Republic of the Marshall Islands; association derive from and are as set forth ment of the United States pursuant to this (3) an immediate relative of a person re- in this Compact, as amended. section unless expressly agreed. ferred to in paragraphs (1) or (2) of this sec- TITLE ONE Section 125 tion, provided that such immediate relative GOVERNMENTAL RELATIONS The Government of the United States shall is a naturalized citizen of the Republic of the Article I not be responsible for nor obligated by any Marshall Islands who has been an actual Self-Government actions taken by the Government of the Re- resident there for not less than five years public of the Marshall Islands in the area of after attaining such naturalization and who Section 111 foreign affairs, except as may from time to holds a certificate of actual residence, and The people of the Republic of the Marshall time be expressly agreed. further provided, that, in the case of a Islands, acting through the Government es- Section 126 spouse, such spouse has been married to the tablished under their Constitution, are self- At the request of the Government of the person referred to in paragraph (1) or (2) of governing. Republic of the Marshall Islands and subject this section for at least five years, and fur- Article II to the consent of the receiving state, the ther provided, that the Government of the Foreign Affairs Government of the United States shall ex- United States is satisfied that such natural- Section 121 tend consular assistance on the same basis ized citizen meets the requirement of sub- (a) The Government of the Republic of the as for citizens of the United States to citi- section (b) of section 104 of Public Law 99–239 Marshall Islands has the capacity to conduct zens of the Republic of the Marshall Islands as it was in effect on the day prior to the ef- foreign affairs and shall do so in its own for travel outside the Republic of the Mar- fective date of this Compact, as amended; name and right, except as otherwise provided shall Islands, the United States and its terri- (4) a naturalized citizen of the Republic of in this Compact, as amended. tories and possessions. the Marshall Islands who was an actual resi- (b) The foreign affairs capacity of the Gov- Section 127 dent there for not less than five years after ernment of the Republic of the Marshall Is- Except as otherwise provided in this Com- attaining such naturalization and who satis- lands includes: pact, as amended, or its related agreements, fied these requirements as of April 30, 2003, (1) the conduct of foreign affairs relating all obligations, responsibilities, rights and who continues to be an actual resident and to law of the sea and marine resources mat- benefits of the Government of the United holds a certificate of actual residence, and ters, including the harvesting, conservation, States as Administering Authority which re- whose name is included in a list furnished by exploration or exploitation of living and non- sulted from the application pursuant to the the Government of the Republic of the Mar- living resources from the sea, seabed or sub- Trusteeship Agreement of any treaty or shall Islands to the Government of the soil to the full extent recognized under inter- other international agreement to the Trust United States no later than the effective national law; Territory of the Pacific Islands on October date of the Compact, as amended, in form (2) the conduct of its commercial, diplo- 20, 1986, are, as of that date, no longer as- and content acceptable to the Government of matic, consular, economic, trade, banking, sumed and enjoyed by the Government of the the United States, provided, that the Gov- postal, civil aviation, communications, and United States. ernment of the United States is satisfied cultural relations, including negotiations for Article III that such naturalized citizen meets the re- the receipt of developmental loans and Communications quirement of subsection (b) of section 104 of grants and the conclusion of arrangements Section 131 Public Law 99–239 as it was in effect on the with other governments and international (a) The Government of the Republic of the day prior to the effective date of this Com- and intergovernmental organizations, in- Marshall Islands has full authority and re- pact, as amended; or cluding any matters specially benefiting its sponsibility to regulate its domestic and for- (5) an immediate relative of a citizen of the individual citizens. eign communications, and the Government Republic of the Marshall Islands, regardless (c) The Government of the United States of the United States shall provide commu- of the immediate relative’s country of citi- recognizes that the Government of the Re- nications assistance as mutually agreed. zenship or period of residence in the Republic public of the Marshall Islands has the capac- (b) The Government of the Republic of the of the Marshall Islands, if the citizen of the ity to enter into, in its own name and right, Marshall Islands has elected to undertake all Republic of the Marshall Islands is serving

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.146 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14209 on active duty in any branch of the United amended, and nothing in the Compact or the public of the Marshall Islands under sub- States Armed Forces, or in the active re- Compact, as amended, shall be construed to section (a) of this section, including any serves. limit, preclude, or modify the applicability grounds of inadmissibility or deportability, (b) Notwithstanding subsection (a) of this of, with respect to such person: the Government of the Republic of the Mar- section, a person who is coming to the (1) any ground of inadmissibility or deport- shall Islands shall accord to such citizens United States pursuant to an adoption out- ability under such Act (except sections and nationals of the United States treatment side the United States, or for the purpose of 212(a)(5) and 212(a)(7)(B)(i)(II) of such Act, as no less favorable than that accorded to citi- adoption in the United States, is ineligible provided in subsection (a) of this section), zens of other countries. for admission under the Compact and the and any defense thereto, provided that, sec- (c) Consistent with subsection (a) of this Compact, as amended. This subsection shall tion 237(a)(5) of such Act shall be construed section, with respect to citizens and nation- apply to any person who is or was an appli- and applied as if it reads as follows: ‘‘any als of the United States seeking to engage in cant for admission to the United States on alien who has been admitted under the Com- employment or invest in the Republic of the or after March 1, 2003, including any appli- pact, or the Compact, as amended, who can- Marshall Islands, the Government of the Re- cant for admission in removal proceedings not show that he or she has sufficient means public of the Marshall Islands shall adopt (including appellate proceedings) on or after of support in the United States, is deport- immigration-related procedures no less fa- March 1, 2003, regardless of the date such able;’’ vorable than those adopted by the Govern- proceedings were commenced. This sub- (2) the authority of the Government of the ment of the United States with respect to section shall have no effect on the ability of United States under section 214(a)(1) of such citizens of the Republic of the Marshall Is- the Government of the United States or any Act to provide that admission as a non- lands seeking employment in the United United States State or local government to immigrant shall be for such time and under States. commence or otherwise take any action such conditions as the Government of the Section 143 against any person or entity who has vio- United States may by regulations prescribe; Any person who relinquishes, or otherwise lated any law relating to the adoption of any (3) except for the treatment of certain doc- loses, his United States nationality or citi- person. umentation for purposes of section zenship, or his Republic of the Marshall Is- (c) Notwithstanding subsection (a) of this 274A(b)(1)(B) of such Act as provided by sub- lands citizenship, shall be ineligible to re- section, no person who has been or is granted section (d) of this section of the Compact, as ceive the privileges set forth in sections 141 citizenship in the Republic of the Marshall amended, any requirement under section and 142. Any such person may apply for ad- Islands, or has been or is issued a Republic of 274A, including but not limited to section mission to the United States or the Republic the Marshall Islands passport pursuant to 274A(b)(1)(E); of the Marshall Islands, as the case may be, any investment, passport sale, or similar (4) section 643 of the Illegal Immigration in accordance with any other applicable laws program has been or shall be eligible for ad- Reform and Immigrant Responsibility Act of of the United States or the Republic of the mission to the United States under the Com- 1996, Public Law 104–208, and actions taken Marshall Islands relating to immigration of pact or the Compact, as amended. pursuant to section 643; and aliens from other countries. The laws of the (d) A person admitted to the United States (5) the authority of the Government of the Republic of the Marshall Islands or the under the Compact, or the Compact, as United States otherwise to administer and United States, as the case may be, shall dic- amended, shall be considered to have the per- enforce the Immigration and Nationality tate the terms and conditions of any such mission of the Government of the United Act, as amended, or other United States law. person’s stay. States to accept employment in the United (g) Any authority possessed by the Govern- States. An unexpired Republic of the Mar- Article V ment of the United States under this section Representation shall Islands passport with unexpired docu- of the Compact or the Compact, as amended, mentation issued by the Government of the may also be exercised by the Government of Section 151 United States evidencing admission under a territory or possession of the United States Relations between the Government of the the Compact or the Compact, as amended, where the Immigration and Nationality Act, United States and the Government of the Re- shall be considered to be documentation es- as amended, does not apply, to the extent public of the Marshall Islands shall be con- tablishing identity and employment author- such exercise of authority is lawful under a ducted in accordance with the Vienna Con- ization under section 274A(b)(1)(B) of the Im- statute or regulation of such territory or vention on Diplomatic Relations. In addition migration and Nationality Act, as amended, possession that is authorized by the laws of to diplomatic missions and representation, 8 U.S.C. 1324a(b)(1)(B). The Government of the United States. the Governments may establish and main- the United States will take reasonable and (h) Subsection (a) of this section does not tain other offices and designate other rep- appropriate steps to implement and publicize confer on a citizen of the Republic of the resentatives on terms and in locations as this provision, and the Government of the Marshall Islands the right to establish the may be mutually agreed. Republic of the Marshall Islands will also residence necessary for naturalization under Section 152 take reasonable and appropriate steps to the Immigration and Nationality Act, as (a) Any citizen or national of the United publicize this provision. amended, or to petition for benefits for alien States who, without authority of the United (e) For purposes of the Compact and the relatives under that Act. Subsection (a) of States, acts as the agent of the Government Compact, as amended: this section, however, shall not prevent a of the Republic of the Marshall Islands with (1) the term ‘‘residence’’ with respect to a citizen of the Republic of the Marshall Is- regard to matters specified in the provisions person means the person’s principal, actual lands from otherwise acquiring such rights of the Foreign Agents Registration Act of dwelling place in fact, without regard to in- or lawful permanent resident alien status in 1938, as amended (22 U.S.C. 611 et seq.), that tent, as provided in section 101(a)(33) of the the United States. apply with respect to an agent of a foreign Immigration and Nationality Act, as amend- Section 142 principal shall be subject to the require- ed, 8 U.S.C. 1101(a)(33), and variations of the (a) Any citizen or national of the United ments of such Act. Failure to comply with term ‘‘residence,’’ including ‘‘resident’’ and States may be admitted to lawfully engage such requirements shall subject such citizen ‘‘reside,’’ shall be similarly construed; in occupations, and reside in the Republic of or national to the same penalties and provi- (2) the term ‘‘actual residence’’ means the Marshall Islands, subject to the rights of sions of law as apply in the case of the fail- physical presence in the Republic of the Mar- the Government of the Republic of the Mar- ure of such an agent of a foreign principal to shall Islands during eighty-five percent of shall Islands to deny entry to or deport any comply with such requirements. For pur- the five-year period of residency required by such citizen or national as an undesirable poses of the Foreign Agents Registration Act section 141(a)(3) and (4); alien. Any determination of inadmissibility of 1938, the Republic of the Marshall Islands (3) the term ‘‘certificate of actual resi- or deportability shall be based on reasonable shall be considered to be a foreign country. dence’’ means a certificate issued to a natu- statutory grounds and shall be subject to ap- (b) Subsection (a) of this section shall not ralized citizen by the Government of the Re- propriate administrative and judicial review apply to a citizen or national of the United public of the Marshall Islands stating that within the Republic of the Marshall Islands. States employed by the Government of the the citizen has complied with the actual resi- If a citizen or national of the United States Republic of the Marshall Islands with respect dence requirement of section 141(a)(3) or (4); is a spouse of a citizen of the Republic of the to whom the Government of the Republic of (4) the term ‘‘nonimmigrant’’ means an Marshall Islands, the Government of the Re- the Marshall Islands from time to time cer- alien who is not an ‘‘immigrant’’ as defined public of the Marshall Islands shall allow the tifies to the Government of the United in section 101(a)(15) of such Act, 8 U.S.C. United States citizen spouse to establish res- States that such citizen or national is an 1101(a)(15); and idence. Should the Republic of the Marshall employee of the Republic of the Marshall Is- (5) the term ‘‘immediate relative’’ means a Islands citizen spouse predecease the United lands whose principal duties are other than spouse, or unmarried son or unmarried States citizen spouse during the marriage, those matters specified in the Foreign daughter less than 21 years of age. the Government of the Republic of the Mar- Agents Registration Act of 1938, as amended, (f) The Immigration and Nationality Act, shall Islands shall allow the United States that apply with respect to an agent of a for- as amended, shall apply to any person admit- citizen spouse to continue to reside in the eign principal. The agency or officer of the ted or seeking admission to the United Republic of the Marshall Islands. United States receiving such certifications States (other than a United States posses- (b) In enacting any laws or imposing any shall cause them to be filed with the Attor- sion or territory where such Act does not requirements with respect to citizens and na- ney General, who shall maintain a publicly apply) under the Compact or the Compact, as tionals of the United States entering the Re- available list of the persons so certified.

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.147 S06PT1 S14210 CONGRESSIONAL RECORD — SENATE November 6, 2003 Article VI (c) Section 161(a), including any standard Court as provided by the laws of the United Environmental Protection or procedure applicable thereunder, and sec- States. Section 161 tion 161(b) may be modified or superseded in (e) The judicial remedy provided for in this The Governments of the United States and whole or in part by agreement of the Govern- section shall be the exclusive remedy for the the Republic of the Marshall Islands declare ment of the United States and the Govern- judicial review or enforcement of the obliga- that it is their policy to promote efforts to ment of the Republic of the Marshall Islands. tions of the Government of the United States prevent or eliminate damage to the environ- (d) In the event that an Environmental Im- under this Article and actions brought under ment and biosphere and to enrich under- pact Statement is no longer required under section 172(b), which relate to the activities standing of the natural resources of the Re- the laws of the United States for major Fed- of the Government of the United States and public of the Marshall Islands. In order to eral actions significantly affecting the qual- its officers and employees governed by sec- carry out this policy, the Government of the ity of the human environment, the regu- tion 161. United States and the Government of the Re- latory regime established under sections (f) In actions pursuant to this section, the public of the Marshall Islands agree to the 161(a)(3) and 161(a)(4) shall continue to apply Government of the Republic of the Marshall following mutual and reciprocal under- to such activities of the Government of the Islands shall be treated as if it were a United takings: United States until amended by mutual States citizen. (a) The Government of the United States: agreement. Section 163 (1) shall, for its activities controlled by the (e) The President of the United States may (a) For the purpose of gathering data nec- U.S. Army at Kwajalein Atoll and in the exempt any of the activities of the Govern- essary to study the environmental effects of Mid-Atoll Corridor and for U.S. Army Kwaja- ment of the United States under this Com- activities of the Government of the United lein Atoll activities in the Republic of the pact, as amended, and its related agreements States subject to the requirements of this Marshall Islands, continue to apply the Envi- from any environmental standard or proce- Article, the Government of the Republic of ronmental Standards and Procedures for dure which may be applicable under sections the Marshall Islands shall be granted access United States Army Kwajalein Atoll Activi- 161(a)(3) and 161(a)(4) if the President deter- to facilities operated by the Government of ties in the Republic of the Marshall Islands, mines it to be in the paramount interest of the United States in the Republic of the unless and until those Standards or Proce- the Government of the United States to do Marshall Islands, to the extent necessary for dures are modified by mutual agreement of so, consistent with Title Three of this Com- this purpose, except to the extent such ac- the Governments of the United States and pact, as amended, and the obligations of the cess would unreasonably interfere with the the Republic of the Marshall Islands; Government of the United States under exercise of the authority and responsibility (2) shall apply the National Environmental international law. Prior to any decision pur- of the Government of the United States Policy Act of 1969, 83 Stat. 852, 42 U.S.C. 4321 suant to this subsection, the views of the under Title Three. et seq., to its activities under the Compact, Government of the Republic of the Marshall (b) The Government of the United States, as amended, and its related agreements as if Islands shall be sought and considered to the in turn, shall be granted access to the Re- the Republic of the Marshall Islands were extent practicable. If the President grants public of the Marshall Islands for the pur- the United States; such an exemption, to the extent prac- pose of gathering data necessary to dis- (3) in the conduct of any activity not de- ticable, a report with his reasons for grant- charge its obligations under this Article, ex- scribed in section 161(a)(1) requiring the ing such exemption shall be given promptly cept to the extent such access would unrea- preparation of an Environmental Impact to the Government of the Republic of the sonably interfere with the exercise of the au- Statement under section 161(a)(2), shall com- Marshall Islands. thority and responsibility of the Government ply with standards substantively similar to (f) The laws of the United States referred of the Republic of the Marshall Islands under those required by the following laws of the to in section 161(a)(3) shall apply to the ac- Title One, and to the extent necessary for United States, taking into account the par- tivities of the Government of the United this purpose shall be granted access to docu- ticular environment of the Republic of the States under this Compact, as amended, and ments and other information to the same ex- Marshall Islands; the Endangered Species its related agreements only to the extent tent similar access is provided the Govern- Act of 1973, as amended, 16 U.S.C. 1531 et seq.; provided for in this section. ment of the Republic of the Marshall Islands the Clean Air Act, as amended, 42 U.S.C. 7401 Section 162 under the Freedom of Information Act, 5 et seq.; the Clean Water Act (Federal Water The Government of the Republic of the U.S.C. 552. Pollution Control Act), as amended, 33 Marshall Islands may bring an action for ju- (c) The Government of the Republic of the U.S.C. 1251 et seq.; Title I of the Marine Pro- dicial review of any administrative agency Marshall Islands shall not impede efforts by tection, Research and Sanctuaries Act of action or any activity of the Government of the Government of the United States to com- 1972 (the Ocean Dumping Act), 33 U.S.C. 1411 the United States pursuant to section 161(a) ply with applicable standards and proce- et seq.; the Toxic Substances Control Act, as for enforcement of the obligations of the dures. amended, 15 U.S.C. 2601 et seq.; the Solid Government of the United States arising Article VII Waste Disposal Act, as amended, 42 U.S.C. thereunder. The United States District Court General Legal Provisions 6901 et seq.; and such other environmental for the District of Hawaii and the United Section 171 protection laws of the United States and the States District Court for the District of Co- Except as provided in this Compact, as Republic of the Marshall Islands as may be lumbia shall have jurisdiction over such ac- amended, or its related agreements, the ap- agreed from time to time with the Govern- tion or activity, and over actions brought plication of the laws of the United States to ment of the Republic of the Marshall Islands; under section 172(b) which relate to the ac- the Trust Territory of the Pacific Islands by (4) shall, prior to conducting any activity tivities of the Government of the United virtue of the Trusteeship Agreement ceased not described in section 161(a)(1) requiring States and its officers and employees, gov- with respect to the Marshall Islands on Octo- the preparation of an Environmental Impact erned by section 161, provided that: ber 21, 1986, the date the Compact went into Statement under section 161(a)(2), develop, (a) Such actions may only be civil actions effect. as agreed with the Government of the Repub- for any appropriate civil relief other than Section 172 lic of the Marshall Islands, written environ- punitive damages against the Government of (a) Every citizen of the Republic of the mental standards and procedures to imple- the United States or, where required by law, Marshall Islands who is not a resident of the ment the substantive provisions of the laws its officers in their official capacity; no United States shall enjoy the rights and made applicable to U.S. Government activi- criminal actions may arise under this sec- remedies under the laws of the United States ties in the Republic of the Marshall Islands, tion. enjoyed by any non-resident alien. pursuant to section 161(a)(3). (b) Actions brought pursuant to this sec- (b) The Government of the Republic of the (b) The Government of the Republic of the tion may be initiated only by the Govern- Marshall Islands and every citizen of the Re- Marshall Islands shall continue to develop ment of the Republic of the Marshall Islands. public of the Marshall Islands shall be con- and implement standards and procedures to (c) Administrative agency actions arising sidered to be a ‘‘person’’ within the meaning protect its environment. As a reciprocal ob- under section 161 shall be reviewed pursuant of the Freedom of Information Act, 5 U.S.C. ligation to the undertakings of the Govern- to the standard of judicial review set forth in 552, and of the judicial review provisions of ment of the United States under this Article, 5 U.S.C. 706. the Administrative Procedure Act, 5 U.S.C. the Republic of the Marshall Islands, taking (d) The United States District Court for 701–706, except that only the Government of into account its particular environment, the District of Hawaii and the United States the Republic of the Marshall Islands may shall continue to develop and implement District Court for the District of Columbia seek judicial review under the Administra- standards for environmental protection sub- shall have jurisdiction to issue all necessary tive Procedure Act or judicial enforcement stantively similar to those required of the processes, and the Government of the United under the Freedom of Information Act when Government of the United States by section States agrees to submit itself to the jurisdic- such judicial review or enforcement relates 161(a)(3) prior to its conducting activities in tion of the court; decisions of the United to the activities of the Government of the the Republic of the Marshall Islands, sub- States District Court shall be reviewable in United States governed by sections 161 and stantively equivalent to activities conducted the United States Court of Appeals for the 162. there by the Government of the United Ninth Circuit or the United States Court of Section 173 States and, as a further reciprocal obliga- Appeals for the District of Columbia, respec- The Governments of the United States and tion, shall enforce those standards. tively, or in the United States Supreme the Republic of the Marshall Islands agree to

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.147 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14211 adopt and enforce such measures, consistent forth in the Foreign Sovereign Immunities ferred to in this Section, and shall provide with this Compact, as amended, and its re- Act (28 U.S.C. 1602 et seq.) or its successor the services and programs set forth in this lated agreements, as may be necessary to statutes. separate agreement, the language of which is protect the personnel, property, installa- Section 175 incorporated into this Compact.’’ tions, services, programs and official ar- (a) A separate agreement, which shall The Compact, as amended, makes no changes chives and documents maintained by the come into effect simultaneously with this to, and has no effect upon, Section 177 of the Government of the United States in the Re- Compact, as amended, and shall have the Compact, nor does the Compact, as amended, public of the Marshall Islands pursuant to force of law, shall govern mutual assistance change or affect the separate agreement re- this Compact, as amended, and its related and cooperation in law enforcement matters, ferred to in Section 177 of the Compact in- agreements and by the Government of the including the pursuit, capture, imprisonment cluding Articles IX and X of that separate Republic of the Marshall Islands in the and extradition of fugitives from justice and agreement, and measures taken by the par- United States pursuant to this Compact, the transfer of prisoners, as well as other law ties thereunder. Compact, as amended, and its related agree- enforcement matters. In the United States, Section 178 ments. the laws of the United States governing (a) The Federal agencies of the Govern- Section 174 international extradition, including 18 U.S.C. ment of the United States that provide serv- Except as otherwise provided in this Com- 3184, 3186, and 3188–95, shall be applicable to ices and related programs in the Republic of pact, as amended, and its related agree- the extradition of fugitives under the sepa- ments: the Marshall Islands pursuant to Title Two rate agreement, and the laws of the United are authorized to settle and pay tort claims (a) The Government of the Republic of the States governing the transfer of prisoners, Marshall Islands, and its agencies and offi- arising in the Republic of the Marshall Is- including 18 U.S.C. 4100–15, shall be applica- lands from the activities of such agencies or cials, shall be immune from the jurisdiction ble to the transfer of prisoners under the sep- of the court of the United States, and the from the acts or omissions of the employees arate agreement; and of such agencies. Except as provided in sec- Government of the United States, and its (b) A separate agreement, which shall agencies and officials, shall be immune from tion 178(b), the provisions of 28 U.S.C. 2672 come into effect simultaneously with this and 31 U.S.C. 1304 shall apply exclusively to the jurisdiction of the courts of the Republic Compact, as amended, and shall have the of the Marshall Islands. such administrative settlements and pay- force of law, shall govern requirements relat- ments. (b) The Government of the United States ing to labor recruitment practices, including accepts responsibility for and shall pay: (b) Claims under section 178(a) that cannot registration, reporting, suspension or revoca- be settled under section 178(a) shall be dis- (1) any unpaid money judgment rendered tion of authorization to recruit persons for by the High Court of the Trust Territory of posed of exclusively in accordance with Arti- employment in the United States, and en- cle II of Title Four. Arbitration awards ren- the Pacific Islands against the Government forcement for violations of such require- of the United States with regard to any dered pursuant to this subsection shall be ments. paid out of funds under 31 U.S.C. 1304. cause of action arising as a result of acts or Section 176 omissions of the Government of the Trust (c) The Government of the United States The Government of the Republic of the and the Government of the Republic of the Territory of the Pacific Islands or the Gov- Marshall Islands confirms that final judg- ernment of the United States prior to Octo- Marshall Islands shall, in the separate agree- ments in civil cases rendered by any court of ment referred to in section 231, provide for: ber 21, 1986; the Trust Territory of the Pacific Islands (2) any claim settled by the claimant and (1) the administrative settlement of claims shall continue in full force and effect, sub- referred to in section 178(a), including des- the Government of the Trust Territory of the ject to the constitutional power of the courts Pacific Islands but not paid as of October 21, ignation of local agents in each State of the of the Republic of the Marshall Islands to Republic of the Marshall Islands; such agents 1986; and grant relief from judgments in appropriate (3) settlement of any administrative claim to be empowered to accept, investigate and cases. settle such claims, in a timely manner, as or of any action before a court of the Trust Section 177 Territory of the Pacific Islands or the Gov- Section 177 of the Compact entered into provided in such separate agreements; and ernment of the United States, arising as a force with respect to the Marshall Islands on (2) arbitration, referred to in section 178(b), result of acts or omissions of the Govern- October 21, 1986 as follows: in a timely manner, at a site convenient to ment of the Trust Territory of the Pacific Is- ‘‘(a) The Government of the United States the claimant, in the event a claim is not oth- lands or the Government of the United accepts the responsibility for compensation erwise settled pursuant to section 178(a). (d) The provisions of section 174(d) shall States. owing to citizens of the Marshall Islands, or not apply to claims covered by this section. (c) Any claim not referred to in section the Federated States of Micronesia, (or (e) Except as otherwise explicitly provided 174(b) and arising from an act or omission of Palau) for loss or damage to property and by law of the United States, this Compact, as the Government of the Trust Territory of the person of the citizens of the Marshall Is- amended, or its related agreements, neither Pacific Islands or the Government of the lands, or the Federated States of Micronesia, the Government of the United States, its in- United States prior to the effective date of resulting from the nuclear testing program strumentalities, nor any person acting on be- the Compact shall be adjudicated in the which the Government of the United States half of the Government of the United States, same manner as a claim adjudicated accord- conducted in the Northern Marshall Islands shall be named a party in any action based ing to section 174(d). In any claim against between June 30, 1946, and August 18, 1958. on, or arising out of, the activity or activi- the Government of the Trust Territory of the ‘‘(b) The Government of the United States ties of a recipient of any grant or other as- Pacific Islands, the Government of the and the Government of the Marshall Islands sistance provided by the Government of the United States shall stand in the place of the shall set forth in a separate agreement provi- United States (or the activity or activities of Government of the Trust Territory of the sions for the just and adequate settlement of the recipient’s agency or any other person or Pacific Islands. A judgment on any claim re- all such claims which have arisen in regard entity acting on behalf of the recipient). ferred to in section 174(b) or this subsection, to the Marshall Islands and its citizens and Section 179 not otherwise satisfied by the Government of which have not as yet been compensated or (a) The courts of the Republic of the Mar- the United States, may be presented for cer- which in the future may arise, for the con- shall Islands shall not exercise criminal ju- tification to the United States Court of Ap- tinued administration by the Government of risdiction over the Government of the United peals for the Federal Circuit, or its successor the United States of direct radiation related States, or its instrumentalities. courts, which shall have jurisdiction there- medical surveillance and treatment pro- (b) The courts of the Republic of the Mar- fore, notwithstanding the provisions of 28 grams and radiological monitoring activities shall Islands shall not exercise criminal ju- U.S.C. 1502, and which court’s decisions shall and for such additional programs and activi- risdiction over any person if the Government be reviewable as provided by the laws of the ties as may be mutually agreed, and for the of the United States provides notification to United States. The United States Court of assumption by the Government of the Mar- the Government of the Republic of the Mar- Appeals for the Federal Circuit shall certify shall Islands of responsibility for enforce- shall Islands that such person was acting on such judgment, and order payment thereof, ment of limitations on the utilization of af- behalf of the Government of the United unless it finds, after a hearing, that such fected areas developed in cooperation with States, for actions taken in furtherance of judgment is manifestly erroneous as to law the Government of the United States and for section 221 or 224 of this amended Compact, or fact, or manifestly excessive. In either of the assistance by the Government of the or any other provision of law authorizing fi- such cases the United States Court of Ap- United States in the exercise of such respon- nancial, program, or service assistance to peals for the Federal Circuit shall have juris- sibility as may be mutually agreed. This sep- the Republic of the Marshall Islands. diction to modify such judgment. arate agreement shall come into effect si- TITLE TWO (d) The Government of the Republic of the multaneously with this Compact and shall ECONOMIC RELATIONS Marshall Islands shall not be immune from remain in effect in accordance with its own the jurisdiction of the courts of the United terms. Article I States, and the Government of the United ‘‘(c) The Government of the United States Grant Assistance States shall not be immune from the juris- shall provide to the Government of the Mar- Section 211 - Annual Grant Assistance diction of the courts of the Republic of the shall Islands, on a grant basis, the amount of (a) In order to assist the Government of Marshall Islands in any civil case in which $150 million to be paid and distributed in ac- the Republic of the Marshall Islands in its ef- an exception to foreign state immunity is set cordance with the separate agreement re- forts to promote the economic advancement

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.147 S06PT1 S14212 CONGRESSIONAL RECORD — SENATE November 6, 2003 and budgetary self-reliance of its people, and the citizens of the Republic of the Marshall of the Marshall Islands, on its request and to in recognition of the special relationship Islands in the process of conserving their be deducted from the grant amount made that exists between the Republic of the Mar- country’s natural resources. available under subsection (a) of this sec- shall Islands and the United States, the Gov- (b) KWAJALEIN ATOLL.— tion, a Humanitarian Assistance—Republic ernment of the United States shall provide (1) Of the total grant assistance made of the Marshall Islands (‘‘HARMI’’) Program assistance on a grant basis for a period of available under subsection (a) of this sec- with emphasis on health, education, and in- twenty years in the amounts set forth in sec- tion, the amount specified herein shall be al- frastructure (including transportation), tion 217, commencing on the effective date of located annually from fiscal year 2004 projects and such other projects as mutually this Compact, as amended. Such grants shall through fiscal year 2023 (and thereafter in agreed. The terms and conditions of the be used for assistance in education, health accordance with the Agreement between the HARMI shall be set forth in the Agreement care, the environment, public sector capac- Government of the United States and the Regarding the Military Use and Operating ity building, and private sector development, Government of the Republic of the Marshall Rights of the Government of the United or for other areas as mutually agreed, with Islands Regarding Military Use and Oper- States in the Republic of the Marshall Is- priorities in the education and health care ating Rights) to advance the objectives and lands Concluded Pursuant to Sections 321 sectors. Consistent with the medium-term specific priorities set forth in subsections (a) and 323 of the Compact of Free Association, budget and investment framework described and (d) of this section and the Fiscal Proce- as Amended, which shall come into effect si- in subsection (f) of this section, the proposed dures Agreement, to address the special multaneously with the amendments to this division of this amount among the identified needs of the community at Ebeye, Kwajalein Compact. areas shall require the concurrence of both Atoll and other Marshallese communities (d) PUBLIC INFRASTRUCTURE.— the Government of the United States and the within Kwajalein Atoll. This United States (1) Unless otherwise agreed, not less than Government of the Republic of the Marshall grant assistance shall be made available, in 30 percent and not more than 50 percent of Islands, through the Joint Economic Man- accordance with the medium-term budget U.S. annual grant assistance provided under agement and Financial Accountability Com- and investment framework described in sub- this section shall be made available in ac- mittee described in section 214. The Govern- section (f) of this section, to support and im- cordance with a list of specific projects in- ment of the United States shall disburse the prove the infrastructure and delivery of serv- cluded in the infrastructure improvement grant assistance and monitor the use of such ices and develop the human and material re- and maintenance plan prepared by the Gov- grant assistance in accordance with the pro- sources necessary for the Republic of the ernment of the Republic of the Marshall Is- visions of this Article and an Agreement Marshall Islands to carry out its responsi- lands as part of the strategic framework de- Concerning Procedures for the Implementa- bility to maintain such infrastructure and scribed in subsection (f) of this section. tion of United States Economic Assistance deliver such services. The amount of this as- (2) INFRASTRUCTURE MAINTENANCE FUND.— Provided in the Compact, as Amended, of sistance shall be $3,100,000, with an inflation Five percent of the annual public infrastruc- Free Association Between the Government of adjustment as provided in section 218, from ture grant made available under paragraph the United States of America and the Gov- fiscal year 2004 through fiscal year 2013 and (1) of this subsection shall be set aside, with ernment of the Republic of the Marshall Is- the fiscal year 2013 level of funding, with an an equal contribution from the Government lands (‘‘Fiscal Procedures Agreement’’) inflation adjustment as provided in section of the Republic of the Marshall Islands, as a which shall come into effect simultaneously 218, will be increased by $2 million for fiscal contribution to an Infrastructure Mainte- with this Compact, as amended. year 2014. The fiscal year 2014 level of fund- nance Fund. Administration of the Infra- DUCATION.—United States grant assist- (1) E ing, with an inflation adjustment as provided structure Maintenance Fund shall be gov- ance shall be made available in accordance in section 218, will be made available from erned by the Fiscal Procedures Agreement. with the strategic framework described in fiscal year 2015 through fiscal year 2023 (and (e) DISASTER ASSISTANCE EMERGENCY subsection (f) of this section to support and thereafter as noted above). FUND.—Of the total grant assistance made improve the educational system of the Re- (2) The Government of the United States available under subsection (a) of this sec- public of the Marshall Islands and develop shall also provide to the Government of the tion, an amount of two hundred thousand the human, financial, and material resources Republic of the Marshall Islands, in conjunc- dollars ($200,000) shall be provided annually, necessary for the Republic of the Marshall tion with section 321(a) of this Compact, as with an equal contribution from the Govern- Islands to perform these services. Emphasis amended, an annual payment from fiscal ment of the Republic of the Marshall Islands, should be placed on advancing a quality year 2004 through fiscal year 2023 (and there- as a contribution to a Disaster Assistance basic education system. after in accordance with the Agreement be- Emergency Fund (‘‘DAEF’’). Any funds from (2) HEALTH.—United States grant assist- tween the Government of the United States the DAEF may be used only for assistance ance shall be made available in accordance and the Government of the Republic of the and rehabilitation resulting from disasters with the strategic framework described in Marshall Islands Regarding Military Use and and emergencies. The funds will be accessed subsection (f) of this section to support and Operating Rights) of $1.9 million. This grant upon declaration of a State of Emergency by improve the delivery of preventive, curative assistance will be subject to the Fiscal Pro- the Government of the Republic of the Mar- and environmental care and develop the cedures Agreement and will be adjusted for shall Islands, with the concurrence of the human, financial, and material resources inflation under section 218 and used to ad- United States Chief of Mission to the Repub- necessary for the Republic of the Marshall dress the special needs of the community at lic of the Marshall Islands. Administration Islands to perform these services. Ebeye, Kwajalein Atoll and other of the DAEF shall be governed by the Fiscal (3) PRIVATE SECTOR DEVELOPMENT.—United Marshallese communities within Kwajalein Procedures Agreement. States grant assistance shall be made avail- Atoll with emphasis on the Kwajalein land- (f) BUDGET AND INVESTMENT FRAMEWORK.— able in accordance with the strategic frame- owners, as described in the Fiscal Procedures The Government of the Republic of the Mar- work described in subsection (f) of this sec- Agreement. shall Islands shall prepare and maintain an tion to support the efforts of the Republic of (3) Of the total grant assistance made official medium-term budget and investment the Marshall Islands to attract foreign in- available under subsection (a) of this sec- framework. The framework shall be stra- vestment and increase indigenous business tion, and in conjunction with section 321(a) tegic in nature, shall be continuously re- activity by vitalizing the commercial envi- of the Compact, as amended, $200,000, with an viewed and updated through the annual ronment, ensuring fair and equitable appli- inflation adjustment as provided in section budget process, and shall make projections cation of the law, promoting adherence to 218, shall be allocated annually from fiscal on a multi-year rolling basis. Each of the core labor standards, maintaining progress year 2004 through fiscal year 2023 (and there- sectors and areas named in subsections (a), toward privatization of state-owned and par- after as provided in the Agreement between (b), and (d) of this section, or other sectors tially state-owned enterprises, and engaging the Government of the United States and the and areas as mutually agreed, shall be ac- in other reforms. Government of the Republic of the Marshall corded specific treatment in the framework. (4) CAPACITY BUILDING IN THE PUBLIC SEC- Islands Regarding Military Use and Oper- Those portions of the framework that con- TOR.—United States grant assistance shall be ating Rights) for a grant to support in- template the use of United States grant made available in accordance with the stra- creased participation of the Government of funds shall require the concurrence of both tegic framework described in subsection (f) the Republic of the Marshall Islands Envi- the Government of the United States and the of this section to support the efforts of the ronmental Protection Authority in the an- Government of the Republic of the Marshall Republic of the Marshall Islands to build ef- nual U.S. Army Kwajalein Atoll Environ- Islands. fective, accountable and transparent na- mental Standards Survey and to promote a Section 212 - Kwajalein Impact and Use tional and local government and other public greater Government of the Republic of the The Government of the United States shall sector institutions and systems. Marshall Islands capacity for independent provide to the Government of the Republic of (5) ENVIRONMENT.—United States grant as- analysis of the Survey’s findings and conclu- the Marshall Islands in conjunction with sec- sistance shall be made available in accord- sions. tion 321(a) of the Compact, as amended, and ance with the strategic framework described (c) HUMANITARIAN ASSISTANCE—REPUBLIC the agreement between the Government of in subsection (f) of this section to increase OF THE MARSHALL ISLANDS PROGRAM.—In rec- the United States and the Government of the environmental protection; establish and ognition of the special development needs of Republic of the Marshall Islands regarding manage conservation areas; engage in envi- the Republic of the Marshall Islands, the military use and operating rights, a payment ronmental infrastructure planning, design Government of the United States shall make in fiscal year 2004 of $15,000,000, with no ad- construction and operation; and to involve available to the Government of the Republic justment for inflation. In fiscal year 2005 and

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.147 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14213 through fiscal year 2013, the annual payment The Governments of the United States and shall thereafter be used for the purposes de- will be the fiscal year 2004 amount the Republic of the Marshall Islands shall es- scribed in section 211 or as otherwise mutu- ($15,000,000) with an inflation adjustment as tablish a Joint Economic Management and ally agreed. provided under section 218. In fiscal year Financial Accountability Committee, com- (b) The United States contribution into the 2014, the annual payment will be $18,000,000 posed of a U.S. chair, two other members Trust Fund described in subsection (a) of (with no adjustment for inflation) or the fis- from the Government of the United States this section is conditioned on the Govern- cal year 2013 amount with an inflation ad- and two members from the Government of ment of the Republic of the Marshall Islands justment under section 218, whichever is the Republic of the Marshall Islands. The contributing to the Trust Fund at least greater. For fiscal year 2015 through fiscal Joint Economic Management and Financial $25,000,000, on the effective date of the Trust year 2023 (and thereafter in accordance with Accountability Committee shall meet at Fund Agreement or on October 1, 2003, the Agreement between the Government of least once each year to review the audits and whichever is later, $2,500,000 prior to October the United States and the Government of the reports required under this Title and the Fis- 1, 2004, and $2,500,000 prior to October 1, 2005. Republic of the Marshall Islands Regarding cal Procedures Agreement, evaluate the Any funds received by the Republic of the Military Use and Operating Rights) the an- progress made by the Republic of the Mar- Marshall Islands under section 111(d) of Pub- nual payment will be the fiscal year 2014 shall Islands in meeting the objectives iden- lic Law 99–239 (January 14, 1986), or successor amount, with an inflation adjustment as pro- tified in its framework described in sub- provisions, would be contributed to the vided under section 218. section (f) of section 211, with particular Section 213 - Accountability focus on those parts of the framework deal- Trust Fund as a Republic of the Marshall Is- (a) Regulations and policies normally ap- ing with the sectors and areas identified in lands’ contribution. plicable to United States financial assist- subsection (a) of section 211, identify prob- (c) The terms regarding the investment ance to its state and local governments, as lems encountered, and recommend ways to and management of funds and use of the in- set forth in the Fiscal Procedures Agree- increase the effectiveness of U.S. assistance come of the Trust Fund shall be governed by ment, shall apply to each grant described in made available under this Title. The estab- the Trust Fund Agreement. Funds derived section 211, and to grants administered under lishment and operations of the Joint Eco- from United States investment shall not be section 221 below, except as modified in the nomic Management and Financial Account- subject to Federal or state taxes in the separate agreements referred to in section ability Committee shall be governed by the United States or any taxes in the Republic of 231 of this Compact, as amended, or by U.S. Fiscal Procedures Agreement. the Marshall Islands. The Trust Fund Agree- law. As set forth in the Fiscal Procedures Section 215 - Annual Report ment shall also provide for annual reports to Agreement, reasonable terms and conditions, The Government of the Republic of the the Government of the United States and to including annual performance indicators Marshall Islands shall report annually to the the Government of the Republic of the Mar- that are necessary to ensure effective use of President of the United States on the use of shall Islands. The Trust Fund Agreement United States assistance and reasonable United States sector grant assistance and shall provide for appropriate distributions of progress toward achieving program objec- other assistance and progress in meeting mu- trust fund proceeds to the Republic of the tives may be attached. In addition, the tually agreed program and economic goals. Marshall Islands and for appropriate rem- United States may seek appropriate rem- The Joint Economic Management and Finan- edies for the failure of the Republic of the edies for noncompliance with the terms and cial Accountability Committee shall review Marshall Islands to use income of the Trust conditions attached to the assistance, or for and comment on the report and make appro- Fund for the annual grant purposes set forth failure to comply with section 234, including priate recommendations based thereon. in section 211. These remedies may include withholding assistance. Section 216 - Trust Fund the return to the United States of the (b) The Government of the United States (a) The United States shall contribute an- present market value of its contributions to shall, for each fiscal year of the twenty years nually for twenty years from the effective the Trust Fund and the present market value during which assistance is to be provided on date of the Compact, as amended, in the of any undistributed income on the contribu- a sector grant basis under section 211 (a), amounts set forth in section 217 into a trust tions of the United States. If this Compact, grant the Government of the Republic of the fund established in accordance with the as amended, is terminated, the provisions of Marshall Islands an amount equal to the Agreement Between the Government of the sections 451–453 of the Compact, as amended, lesser of (i) one half of the reasonable, prop- United States of America and the Govern- and the Trust Fund Agreement shall govern erly documented cost incurred during such ment of the Republic of the Marshall Islands treatment of any U.S. contributions to the fiscal year to conduct the annual audit re- Implementing Section 216 and Section 217 of Trust Fund or accrued income thereon. quired under Article VIII (2) of the Fiscal the Compact, as Amended, Regarding a Trust Procedures Agreement or (ii) $500,000. Such Fund (‘‘Trust Fund Agreement’’), which Section 217 - Annual Grant Funding and amount will not be adjusted for inflation shall come into effect simultaneously with Trust Fund Contributions under section 218 or otherwise. this Compact, as amended. Upon termination The funds described in sections 211, 212, Section 214 - Joint Economic Management of the annual grant assistance under section 213(b), and 216 shall be made available as fol- and Financial Accountability Committee 211 (a), (d) and (e), the earnings of the fund lows:

[In millions of dollars]

Annual Trust Fund Kwajalein Im- Fiscal year Grants Sec- Audit Grant Section 216 pact Section Total tion 211 Section 213(b) (a&c) 212

2004 ...... 35.2 .5 7 15.0 57.7 2005 ...... 34.7 .5 7.5 15.0 57.7 2006 ...... 34.2 .5 8 15.0 57.7 2007 ...... 33.7 .5 8.5 15.0 57.7 2008 ...... 33.2 .5 9 15.0 57.7 2009 ...... 32.7 .5 9.5 15.0 57.7 2010 ...... 32.2 .5 10 15.0 57.7 2011 ...... 31.7 .5 10.5 15.0 57.7 2012 ...... 31.2 .5 11 15.0 57.7 2013 ...... 30.7 .5 11.5 15.0 57.7 2014 ...... 32.2 .5 12 18.0 62.7 2015 ...... 31.7 .5 12.5 18.0 62.7 2016 ...... 31.2 .5 13 18.0 62.7 2017 ...... 30.7 .5 13.5 18.0 62.7 2018 ...... 30.2 .5 14 18.0 62.7 2019 ...... 29.7 .5 14.5 18.0 62.7 2020 ...... 29.2 .5 15 18.0 62.7 2021 ...... 28.7 .5 15.5 18.0 62.7 2022 ...... 28.2 .5 16 18.0 62.7 2023 ...... 27.7 .5 16.5 18.0 62.7

Section 218 - Inflation Adjustment Implicit Price Deflator, or 5 percent, which- that year pursuant to this Article are not Except as otherwise provided, the amounts ever is less in any one year, using the begin- completely obligated by the Government of stated in this Title shall be adjusted for each ning of Fiscal Year 2004 as a base. the Republic of the Marshall Islands, the un- United States Fiscal Year by the percent Section 219 - Carry-Over of Unused Funds obligated balances shall remain available in that equals two-thirds of the percent change If in any year the funds made available by in the United States Gross Domestic Product the Government of the United States for

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.147 S06PT1 S14214 CONGRESSIONAL RECORD — SENATE November 6, 2003 addition to the funds to be provided in subse- The Government of the United States and as grants in section 211 of this Compact, as quent years. the Government of the Republic of the Mar- amended, shall be appropriated and paid to Article II shall Islands may agree from time to time to the Republic of the Marshall Islands for such Services and Program Assistance extend to the Republic of the Marshall Is- period as those provisions of this Compact, lands additional United States grant assist- as amended, remain in force, provided that Section 221 ance, services and programs, as provided the Republic of the Marshall Islands com- (a) SERVICES.—The Government of the under the laws of the United States. Unless plies with the terms and conditions of this United States shall make available to the inconsistent with such laws, or otherwise Title and related subsidiary agreements. Republic of the Marshall Islands, in accord- specifically precluded by the Government of Section 234 ance with and to the extent provided in the the United States at the time such addi- The Government of the Republic of the Federal Programs and Services Agreement tional grant assistance, services, or pro- Marshall Islands pledges to cooperate with, referred to in Section 231, the services and grams are extended, the Federal Programs permit, and assist if reasonably requested, related programs of: and Services Agreement shall apply to any designated and authorized representatives of (1) the United States Weather Service; such assistance, services or programs. the Government of the United States (2) the United States Postal Service; Section 223 charged with investigating whether Compact (3) the United States Federal Aviation Ad- The Government of the Republic of the funds, or any other assistance authorized ministration; Marshall Islands shall make available to the under this Compact, as amended, have, or (4) the United States Department of Trans- Government of the United States at no cost are being, used for purposes other than those portation; and such land as may be necessary for the oper- set forth in this Compact, as amended, or its (5) the Department of Homeland Security, ations of the services and programs provided subsidiary agreements. In carrying out this and the United States Agency for Inter- pursuant to this Article, and such facilities investigative authority, such United States national Development, Office of Foreign Dis- as are provided by the Government of the Government representatives may request aster Assistance. Republic of the Marshall Islands at no cost that the Government of the Republic of the Upon the effective date of this Compact, as to the Government of the United States as of Marshall Islands subpoena documents and amended, the United States Departments the effective date of this Compact, as amend- records and compel testimony in accordance and Agencies named or having responsibility ed, or as may be mutually agreed thereafter. with the laws and Constitution of the Repub- to provide these services and related pro- Section 224 lic of the Marshall Islands. Such assistance grams shall have the authority to implement The Government of the Republic of the by the Government of the Republic of the the relevant provisions of the Federal Pro- Marshall Islands may request, from the time Marshall Islands to the Government of the grams and Services Agreement referred to in to time, technical assistance from the Fed- United States shall not be unreasonably section 231. eral agencies and institutions of the Govern- withheld. The obligation of the Government (b) PROGRAMS.— ment of the United States, which are author- of the Marshall Islands to fulfill its pledge (1) Other than the services and programs ized to grant such technical assistance in ac- herein is a condition to its receiving pay- covered by subsection (a) of this section, and cordance with its laws. If technical assist- ment of such funds or other assistance au- to the extent authorized by the Congress of ance is granted pursuant to such a request, thorized under this Compact, as amended. the United States, the Government of the the Government of the United States shall The Government of the United States shall United States shall make available to the provide the technical assistance in a manner pay any reasonable costs for extraordinary Republic of the Marshall Islands the services which gives priority consideration to the Re- services executed by the Government of the and programs that were available to the Re- public of the Marshall Islands over other re- Marshall Islands in carrying out the provi- public of the Marshall Islands on the effec- cipients not a part of the United States, its sions of this section. tive date of this Compact, as amended, to the territories or possessions, and equivalent Article IV extent that such services and programs con- consideration to the Republic of the Mar- Trade tinue to be available to State and local gov- shall Islands with respect to other states in ernments of the United States. As set forth Free Association with the United States. Section 241 in the Fiscal Procedures Agreement, funds Such assistance shall be made available on a The Republic of the Marshall Islands is not provided under subsection (a) of section 211 reimbursable or non-reimbursable basis to included in the customs territory of the shall be considered to be local revenues of the extent provided by United States law. United States. the Government of the Republic of the Mar- Section 242 Article III shall Islands when used as the local share re- The President shall proclaim the following quired to obtain Federal programs and serv- Administrative Provisions tariff treatment for articles imported from ices. Section 231 the Republic of the Marshall Islands which (2) Unless provided otherwise by U.S. law, The specific nature, extent and contractual shall apply during the period of effectiveness the services and programs described in para- arrangements of the services and programs of this title: graph (1) of this subsection shall be extended provided for in section 221 of this Compact, (a) Unless otherwise excluded, articles im- in accordance with the terms of the Federal as amended, as well as the legal status of ported from the Republic of the Marshall Is- Programs and Services Agreement. agencies of the Government of the United lands, subject to the limitations imposed (c) The Government of the United States States, their civilian employees and contrac- under section 503(b) of title V of the Trade shall have and exercise such authority as is tors, and the dependents of such personnel Act of 1974 (19 U.S.C. 2463(b)), shall be exempt necessary to carry out its responsibilities while present in the Republic of the Marshall from duty. under this Title and the Federal Programs Islands, and other arrangements in connec- (b) Only tuna in airtight containers pro- and Services Agreement, including the au- tion with the assistance, services, or pro- vided for in heading 1604.14.22 of the Har- thority to monitor and administer all service grams furnished by the Government of the monized Tariff Schedule of the United States and program assistance provided by the United States, are set forth in a Federal Pro- that is imported from the Republic of the United States to the Republic of the Mar- grams and Services Agreement which shall Marshall Islands and the Federated States of shall Islands. The Federal Programs and come into effect simultaneously with this Micronesia during any calendar year not to Services Agreement shall also set forth the Compact, as amended. exceed 10 percent of apparent United States extent to which services and programs shall Section 232 consumption of tuna in airtight containers be provided to the Republic of the Marshall The Government of the United States, in during the immediately preceding calendar Islands. consultation with the Government of the Re- year, as reported by the National Marine (d) Except as provided elsewhere in this public of the Marshall Islands, shall deter- Fisheries Service, shall be exempt from Compact, as amended, under any separate mine and implement procedures for the peri- duty; but the quantity of tuna given duty- agreement entered into under this Compact, odic audit of all grants and other assistance free treatment under this paragraph for any as amended, or otherwise under U.S. law, all made under Article I of this Title and of all calendar year shall be counted against the Federal domestic programs extended to or funds expended for the services and programs aggregated quantity of tuna in airtight con- operating in the Republic of the Marshall Is- provided under Article II of this Title. Fur- tainers that is dutiable under rate column lands shall be subject to all applicable cri- ther, in accordance with the Fiscal Proce- numbered 1 of such heading 1604.14.22 for that teria, standards, reporting requirements, au- dures Agreement described in subsection (a) calendar year. diting procedures, and other rules and regu- of section 211, the Comptroller General of the (c) The duty-free treatment provided under lations applicable to such programs and serv- United States shall have such powers and au- subsection (a) shall not apply to: ices when operating in the United States. thorities as described in sections 103(m) and (1) watches, clocks, and timing apparatus (e) The Government of the United States 110(c) of Public Law 99–239, 99 Stat. 1777–78, provided for in Chapter 91, excluding heading shall make available to the Republic of the and 99 Stat. 1799 (January 14, 1986). 9113, of the Harmonized Tariff Schedule of Marshall Islands alternate energy develop- Section 233 the United States; ment projects, studies, and conservation Approval of this Compact, as amended, by (2) buttons (whether finished or not fin- measures to the extent provided for the the Government of the United States, in ac- ished) provided for in items 9606.21.40 and Freely Associated States in the laws of the cordance with its constitutional processes, 9606.29.20 of such Schedule; United States. shall constitute a pledge by the United (3) textile and apparel articles which are Section 222 States that the sums and amounts specified subject to textile agreements; and

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.147 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14215 (4) footwear, handbags, luggage, flat goods, Marshall Islands, the Government of the Re- Section 313 work gloves, and leather wearing apparel public of the Marshall Islands shall have au- (a) The Government of the Republic of the which were not eligible articles for purposes thority to impose tax upon income derived Marshall Islands shall refrain from actions of title V of the Trade Act of 1974 (19 U.S.C. by a resident of the Republic of the Marshall that the Government of the United States 2461, et seq.) on April 1, 1984. Islands from sources without the Republic of determines, after appropriate consultation (d) If the cost or value of materials pro- the Marshall Islands, in the same manner with that Government, to be incompatible duced in the customs territory of the United and to the same extent as the Government of with its authority and responsibility for se- States is included with respect to an eligible the Republic of the Marshall Islands imposes curity and defense matters in or relating to article which is a product of the Republic of tax upon income derived from within its own the Republic of the Marshall Islands. the Marshall Islands, an amount not to ex- jurisdiction. If the Government of the Re- (b) The consultations referred to in this ceed 15 percent of the appraised value of the public of the Marshall Islands exercises such section shall be conducted expeditiously at article at the time it is entered that is at- authority as provided in this subsection, any senior levels of the two Governments, and tributable to such United States cost or individual resident of the Republic of the the subsequent determination by the Gov- value may be applied for duty assessment Marshall Islands who is subject to tax by the ernment of the United States referred to in purposes toward determining the percentage Government of the United States on income this section shall be made only at senior referred to in section 503(a)(2) of title V of which is also taxed by the Government of the interagency levels of the Government of the the Trade Act of 1974. Republic of the Marshall Islands shall be re- United States. Section 243 lieved of liability to the Government of the (c) The Government of the Republic of the Articles imported from the Republic of the United States for the tax which, but for this Marshall Islands shall be afforded, on an ex- Marshall Islands which are not exempt from subsection, would otherwise be imposed by peditious basis, an opportunity to raise its duty under subsections (a), (b), (c), and (d) of the Government of the United States on such concerns with the United States Secretary of section 242 shall be subject to the rates of income. However, the relief from liability to State personally and the United States Sec- duty set forth in column numbered 1-general the United States Government referred to in retary of Defense personally regarding any of the Harmonized Tariff Schedule of the the preceding sentence means only relief in determination made in accordance with this United States (HTSUS). the form of the foreign tax credit (or deduc- section. Section 244 tion in lieu thereof) available with respect to Section 314 (a) All products of the United States im- the income taxes of a possession of the (a) Unless otherwise agreed, the Govern- ported into the Republic of the Marshall Is- United States, and relief in the form of the ment of the United States shall not, in the lands shall receive treatment no less favor- exclusion under section 911 of the Internal Republic of the Marshall Islands: able than that accorded like products of any Revenue Code of 1986. For purposes of this (1) test by detonation or dispose of any nu- foreign country with respect to customs du- section, the term ‘‘resident of the Republic clear weapon, nor test, dispose of, or dis- ties or charges of a similar nature and with of the Marshall Islands’’ shall be deemed to charge any toxic chemical or biological respect to laws and regulations relating to include any person who was physically weapon; or importation, exportation, taxation, sale, dis- present in the Republic of the Marshall Is- (2) test, dispose of, or discharge any other tribution, storage or use. lands for a period of 183 or more days during radioactive, toxic chemical or biological ma- (b) The provisions of subsection (a) shall any taxable year. terials in an amount or manner that would not apply to advantages accorded by the Re- (b) If the Government of the Republic of be hazardous to public health or safety. public of the Marshall Islands by virtue of the Marshall Islands subjects income to tax- (b) Unless otherwise agreed, other than for their full membership in the Pacific Island ation substantially similar to that which transit or overflight purposes or during time Countries Trade Agreement (PICTA), done was imposed by the Trust Territory Code in of a national emergency declared by the on August 18, 2001, to those governments list- effect on January 1, 1980, such Government President of the United States, a state of ed in Article 26 of PICTA, as of the date the shall be deemed to have exercised the au- war declared by the Congress of the United Compact, as amended, is signed. States or as necessary to defend against an (c) Prior to entering into consultations on, thority described in section 254(a). Section 255 actual or impending armed attack on the or concluding, a free trade agreement with United States, the Republic of the Marshall governments not listed in Article 26 of For purposes of section 274(h)(3)(A) of the U.S. Internal Revenue Code of 1986, the term Islands or the Federated States of Micro- PICTA, the Republic of the Marshall Islands nesia, the Government of the United States shall consult with the United States regard- ‘‘North American Area’’ shall include the Republic of the Marshall Islands. shall not store in the Republic of the Mar- ing whether or how subsection (a) of section shall Islands or the Federated States of Mi- 244 shall be applied. TITLE THREE cronesia any toxic chemical weapon, nor any Article V SECURITY AND DEFENSE RELATIONS radioactive materials nor any toxic chemical Finance and Taxation Article I materials intended for weapons use. Section 251 Authority and Responsibility (c) Radioactive, toxic chemical, or biologi- The currency of the United States is the cal materials not intended for weapons use Section 311 official circulating legal tender of the Re- shall not be affected by section 314(b). (a) The Government of the United States public of the Marshall Islands. Should the (d) No material or substance referred to in has full authority and responsibility for se- Government of the Republic of the Marshall this section shall be stored in the Republic of curity and defense matters in or relating to Islands act to institute another currency, the Marshall Islands except in an amount the Republic of the Marshall Islands. the terms of an appropriate currency transi- and manner which would not be hazardous to (b) This authority and responsibility in- tional period shall be as agreed with the public health or safety. In determining what cludes: Government of the United States. shall be an amount or manner which would Section 252 (1) the obligation to defend the Republic of be hazardous to public health or safety under The Government of the Republic of the the Marshall Islands and its people from at- this section, the Government of the United Marshall Islands may, with respect to United tack or threats thereof as the United States States shall comply with any applicable mu- States persons, tax income derived from and its citizens are defended; tual agreement, international guidelines ac- sources within its respective jurisdiction, (2) the option to foreclose access to or use cepted by the Government of the United property situated therein, including trans- of the Republic of the Marshall Islands by States, and the laws of the United States and fers of such property by gift or at death, and military personnel or for the military pur- their implementing regulations. products consumed therein, in such manner poses of any third country; and (e) Any exercise of the exemption author- as the Government of the Republic of the (3) the option to establish and use military ity set forth in section 161(e) shall have no Marshall Islands deems appropriate. The de- areas and facilities in the Republic of the effect on the obligations of the Government termination of the source of any income, or Marshall Islands, subject to the terms of the of the United States under this section or on the situs of any property, shall for purposes separate agreements referred to in sections the application of this subsection. of this Compact, as amended, be made ac- 321 and 323. (f) The provisions of this section shall cording to the United States Internal Rev- (c) The Government of the United States apply in the areas in which the Government enue Code. confirms that it shall act in accordance with of the Republic of the Marshall Islands exer- Section 253 the principles of international law and the cises jurisdiction over the living resources of A citizen of the Republic of the Marshall Charter of the United Nations in the exercise the seabed, subsoil or water column adjacent Islands, domiciled therein, shall be exempt of this authority and responsibility. to its coasts. from estate, gift, and generation-skipping Section 312 Section 315 transfer taxes imposed by the Government of Subject to the terms of any agreements ne- The Government of the United States may the United States, provided that such citizen gotiated in accordance with sections 321 and invite members of the armed forces of other of the Republic of the Marshall Islands is 323, the Government of the United States countries to use military areas and facilities neither a citizen nor a resident of the United may conduct within the lands, waters and in the Republic of the Marshall Islands, in States. airspace of the Republic of the Marshall Is- conjunction with and under the control of Section 254 lands the activities and operations necessary United States Armed Forces. Use by units of (a) In determining any income tax imposed for the exercise of its authority and responsi- the armed forces of other countries of such by the Government of the Republic of the bility under this Title. military areas and facilities, other than for

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.148 S06PT1 S14216 CONGRESSIONAL RECORD — SENATE November 6, 2003 transit and overflight purposes, shall be sub- ment of the United States shall be preceded Republic of the Marshall Islands shall be af- ject to consultation with and, in the case of by appropriate consultation with the Gov- forded, on an expeditious basis, an oppor- major units, approval of the Government of ernment of the Republic of the Marshall Is- tunity to raise its concerns with the United the Republic of the Marshall Islands. lands. States Secretary of Defense personally re- Section 316 Article IV garding any unresolved issue which threat- The authority and responsibility of the ens its continued association with the Gov- Service in Armed Forces of the United Government of the United States under this ernment of the United States. States Title may not be transferred or otherwise as- Section 352 signed. Section 341 In the exercise of its authority and respon- Any person entitled to the privileges set sibility under Title Three, the Government Article II forth in Section 141 (with the exception of of the United States shall accord due respect Defense Facilities and Operating Rights any person described in section 141(a)(5) who to the authority and responsibility of the Section 321 is not a citizen of the Republic of the Mar- Government of the Republic of the Marshall (a) Specific arrangements for the establish- shall Islands) shall be eligible to volunteer Islands under Titles One, Two and Four and ment and use by the Government of the for service in the Armed Forces of the United to the responsibility of the Government of United States of military areas and facilities States, but shall not be subject to involun- the Republic of the Marshall Islands to as- in the Republic of the Marshall Islands are tary induction into military service of the sure the well-being of its people. set forth in separate agreements, which shall United States as long as such person has re- Section 353 remain in effect in accordance with the sided in the United States for a period of less (a) The Government of the United States terms of such agreements. than one year, provided that no time shall shall not include the Government of the Re- (b) If, in the exercise of its authority and count towards this one year while a person public of the Marshall Islands as a named responsibility under this Title, the Govern- admitted to the United States under the party to a formal declaration of war, without ment of the United States requires the use of Compact, or the Compact, as amended, is en- that Government’s consent. areas within the Republic of the Marshall Is- gaged in full-time study in the United (b) Absent such consent, this Compact, as lands in addition to those for which specific States. Any person described in section amended, is without prejudice, on the ground arrangements are concluded pursuant to sec- 141(a)(5) who is not a citizen of the Republic of belligerence or the existence of a state of tion 321(a), it may request the Government of the Marshall Islands shall be subject to war, to any claims for damages which are ad- of the Republic of the Marshall Islands to United States laws relating to selective serv- vanced by the citizens, nationals or Govern- satisfy those requirements through leases or ice. ment of the Republic of the Marshall Islands, other arrangements. The Government of the Section 342 which arise out of armed conflict subsequent Republic of the Marshall Islands shall sym- The Government of the United States shall to October 21, 1986, and which are: pathetically consider any such request and have enrolled, at any one time, at least one (1) petitions to the Government of the shall establish suitable procedures to discuss qualified student from the Republic of the United States for redress; or it with and provide a prompt response to the Marshall Islands, as may be nominated by (2) claims in any manner against the gov- Government of the United States. the Government of the Republic of the Mar- ernment, citizens, nationals or entities of (c) The Government of the United States shall Islands, in each of: any third country. (c) Petitions under section 353(b)(1) shall recognizes and respects the scarcity and spe- (a) The United States Coast Guard Acad- be treated as if they were made by citizens of cial importance of land in the Republic of emy pursuant to 14 U.S.C. 195. the United States. the Marshall Islands. In making any requests (b) The United States Merchant Marine Section 354 pursuant to section 321(b), the Government Academy pursuant to 46 U.S.C. 1295(b)(6), (a) The Government of the United States of the United States shall follow the policy provided that the provisions of 46 U.S.C. and the Government of the Republic of the of requesting the minimum area necessary to 1295b(b)(6)(C) shall not apply to the enroll- Marshall Islands are jointly committed to accomplish the required security and defense ment of students pursuant to section 342(b) continue their security and defense rela- purpose, of requesting only the minimum in- of this Compact, as amended. tions, as set forth in this Title. Accordingly, terest in real property necessary to support Article V it is the intention of the two countries that such purpose, and of requesting first to sat- General Provisions the provisions of this Title shall remain isfy its requirement through public real binding as long as this Compact, as amended, Section 351 property, where available, rather than remains in effect, and thereafter as mutually (a) The Government of the United States through private real property. agreed, unless earlier terminated by mutual and the Government of the Republic of the Section 322 agreement pursuant to section 441, or Marshall Islands shall continue to maintain The Government of the United States shall amended pursuant to Article III of Title provide and maintain fixed and floating aids a Joint Committee empowered to consider Four. If at any time the Government of the to navigation in the Republic of the Marshall disputes arising under the implementation of United States, or the Government of the Re- Islands at least to the extent necessary for this Title and its related agreements. public of the Marshall Islands, acting unilat- the exercise of its authority and responsi- (b) The membership of the Joint Com- erally, terminates this Title, such unilateral bility under this Title. mittee shall comprise selected senior offi- termination shall be considered to be termi- Section 323 cials of the two Governments. The senior nation of the entire Compact, as amended, in The military operating rights of the Gov- United States military commander in the which case the provisions of section 442 and ernment of the United States and the legal Pacific area shall be the senior United States 452 (in the case of termination by the Gov- status and contractual arrangements of the member of the Joint Committee. For the ernment of the United States) or sections 443 United States Armed Forces, their members, meetings of the Joint Committee, each of and 453 (in the case of termination by the and associated civilians, while present in the the two Governments may designate addi- Government of the Republic of the Marshall Republic of the Marshall Islands are set tional or alternate representatives as appro- Islands), with the exception of paragraph (3) forth in separate agreements, which shall re- priate for the subject matter under consider- of subsection (a) of section 452 or paragraph main in effect in accordance with the terms ation. (3) of subsection (a) of section 453, as the case of such agreements. (c) Unless otherwise mutually agreed, the may be, shall apply. Joint Committee shall meet annually at a Article III (b) The Government of the United States time and place to be designated, after appro- recognizes, in view of the special relation- Defense Treaties and International Security priate consultation, by the Government of ship between the Government of the United Agreements the United States. The Joint Committee also States and the Government of the Republic Section 331 shall meet promptly upon request of either of the Marshall Islands, and in view of the Subject to the terms of this Compact, as of its members. The Joint Committee shall existence of the separate agreement regard- amended, and its related agreements, the follow such procedures, including the estab- ing mutual security concluded with the Gov- Government of the United States, exclu- lishment of functional subcommittees, as ernment of the Republic of the Marshall Is- sively, has assumed and enjoys, as to the Re- the members may from time to time agree. lands pursuant to sections 321 and 323, that, public of the Marshall Islands, all obliga- Upon notification by the Government of the even if this Title should terminate, any at- tions, responsibilities, rights and benefits of: United States, the Joint Committee of the tack on the Republic of the Marshall Islands (a) Any defense treaty or other inter- United States and the Republic of the Mar- during the period in which such separate national security agreement applied by the shall Islands shall meet promptly in a com- agreement is in effect, would constitute a Government of the United States as Admin- bined session with the Joint Committee es- threat to the peace and security of the entire istering Authority of the Trust Territory of tablished and maintained by the Government region and a danger to the United States. In the Pacific Islands as of October 20, 1986. of the United States and the Government of the event of such an attack, the Government (b) Any defense treaty or other inter- the Federated States of Micronesia to con- of the United States would take action to national security agreement to which the sider matters within the jurisdiction of the meet the danger to the United States and to Government of the United States is or may two Joint Committees. the Republic of the Marshall Islands in ac- become a party which it determines to be ap- (d) Unresolved issues in the Joint Com- cordance with its constitutional processes. plicable in the Republic of the Marshall Is- mittee shall be referred to the Governments (c) As reflected in Article 21(1)(b) of the lands. Such a determination by the Govern- for resolution, and the Government of the Trust Fund Agreement, the Government of

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.148 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14217 the United States and the Government of the members of the Arbitration Board. Failing vote in a plebiscite to terminate the Com- Republic of the Marshall Islands further rec- agreement on a Chairman, the Chairman pact. The Government of the Republic of the ognize, in view of the special relationship be- shall be chosen by lot from the standing lists Marshall Islands shall notify the Govern- tween their countries, that even if this Title of the parties to the dispute within 5 days ment of the United States of its intention to should terminate, the Government of Repub- after such failure. call such a plebiscite, which shall take place lic of the Marshall Islands shall refrain from (b) Unless otherwise provided in this Com- not earlier than three months after delivery actions which the Government of the United pact, as amended, or its related agreements, of such notice. The plebiscite shall be admin- States determines, after appropriate con- the Arbitration Board shall have jurisdiction istered by the Government of the Republic of sultation with that Government, to be in- to hear and render its final determination on the Marshall Islands in accordance with its compatible with its authority and responsi- all disputes arising exclusively under Arti- constitutional and legislative processes, but bility for security and defense matters in or cles I, II, III, IV and V of Title One, Title the Government of the United States may relating to the Republic of the Marshall Is- Two, Title Four, and their related agree- send its own observers and invite observers lands or the Federated States of Micronesia. ments. from a mutually agreed party. If a majority TITLE FOUR (c) Each member of the Arbitration Board of the valid ballots cast in the plebiscite fa- vors termination, the Government of the Re- GENERAL PROVISIONS shall have one vote. Each decision of the Ar- bitration Board shall be reached by majority public of the Marshall Islands shall, upon Article I vote. certification of the results of the plebiscite, Approval and Effective Date (d) In determining any legal issue, the Ar- give notice of termination to the Govern- Section 411 bitration Board may have reference to inter- ment of the United States, such termination Pursuant to section 432 of the Compact and national law and, in such reference, shall to be effective on the date specified in such subject to subsection (e) of section 461 of the apply as guidelines the provisions set forth notice but not earlier than three months fol- Compact, as amended, the Compact, as in Article 38 of the Statute of the Inter- lowing the date of delivery of such notice. amended, shall come into effect upon mutual national Court of Justice. The time specified in the notice of termi- agreement between the Government of the (e) The Arbitration Board shall adopt such nation may be extended. United States and the Government of the Re- rules for its proceedings as it may deem ap- Article V public of the Marshall Islands subsequent to propriate and necessary, but such rules shall Survivability completion of the following: not contravene the provisions of this Com- Section 451 (a) Approval by the Government of the Re- pact, as amended. Unless the parties provide (a) Should termination occur pursuant to public of the Marshall Islands in accordance otherwise by mutual agreement, the Arbitra- section 441, economic and other assistance with its constitutional processes. tion Board shall endeavor to render its deci- by the Government of the United States (b) Approval by the Government of the sion within 30 days after the conclusion of shall continue only if and as mutually United States in accordance with its con- arguments. The Arbitration Board shall agreed by the Governments of the United stitutional processes. make findings of fact and conclusions of law States and the Republic of the Marshall Is- Article II and its members may issue dissenting or in- lands, and in accordance with the countries’ Conference and Dispute Resolution dividual opinions. Except as may be other- respective constitutional processes. wise decided by the Arbitration Board, one- (b) In view of the special relationship of Section 421 half of all costs of the arbitration shall be the United States and the Republic of the The Government of the United States shall borne by the Government of the United Marshall Islands, as reflected in subsections confer promptly at the request of the Gov- States and the remainder shall be borne by (b) and (c) of section 354 of this Compact, as ernment of the Republic of the Marshall Is- the Government of the Republic of the Mar- amended, and the separate agreement en- lands and that Government shall confer shall Islands. tered into consistent with those subsections, promptly at the request of the Government Article III if termination occurs pursuant to section 441 of the United States on matters relating to prior to the twentieth anniversary of the ef- the provisions of this Compact, as amended, Amendment fective date of this Compact, as amended, or of its related agreements. Section 431 the United States shall continue to make Section 422 The provisions of this Compact, as amend- contributions to the Trust Fund described in In the event the Government of the United ed, may be further amended by mutual section 216 of this Compact, as amended. States or the Government of the Republic of agreement of the Government of the United (c) In view of the special relationship of the Marshall Islands, after conferring pursu- States and the Government of the Republic the United States and the Republic of the ant to section 421, determines that there is a of the Marshall Islands, in accordance with Marshall Islands described in subsection (b) dispute and gives written notice thereof, the their respective constitutional processes. of this section, if termination occurs pursu- two Governments shall make a good faith ef- Article IV ant to section 441 following the twentieth fort to resolve the dispute between them- anniversary of the effective date of this Termination selves. Compact, as amended, the Republic of the Section 423 Section 441 Marshall Islands shall be entitled to receive If a dispute between the Government of the This Compact, as amended, may be termi- proceeds from the Trust Fund described in United States and the Government of the Re- nated by mutual agreement of the Govern- section 216 of this Compact, as amended, in public of the Marshall Islands cannot be re- ment of the Republic of the Marshall Islands the manner described in those provisions and solved within 90 days of written notification and the Government of the United States, in the Trust Fund Agreement. in the manner provided in section 422, either accordance with their respective constitu- Section 452 party to the dispute may refer it to arbitra- tional processes. Such mutual termination of (a) Should termination occur pursuant to tion in accordance with section 424. this Compact, as amended, shall be without section 442 prior to the twentieth anniver- Section 424 prejudice to the continued application of sec- sary of the effective date of this Compact, as Should a dispute be referred to arbitration tion 451 of this Compact, as amended, and amended, the following provisions of this as provided for in section 423, an Arbitration the provisions of the Compact, as amended, amended Compact shall remain in full force Board shall be established for the purpose of set forth therein. and effect until the twentieth anniversary of hearing the dispute and rendering a decision Section 442 the effective date of this Compact, as amend- which shall be binding upon the two parties Subject to section 452, this Compact, as ed, and thereafter as mutually agreed: to the dispute unless the two parties mutu- amended, may be terminated by the Govern- (1) Article VI and sections 172, 173, 176 and ally agree that the decision shall be advi- ment of the United States in accordance 177 of Title One; sory. Arbitration shall occur according to with its constitutional processes. Such ter- (2) Article One and sections 232 and 234 of the following terms: mination shall be effective on the date speci- Title Two; (a) An Arbitration Board shall consist of a fied in the notice of termination by the Gov- (3) Title Three; and Chairman and two other members, each of ernment of the United States but not earlier (4) Articles II, III, V and VI of Title Four. whom shall be a citizen of a party to the dis- than six months following delivery of such (b) Should termination occur pursuant to pute. Each of the two Governments that is a notice. The time specified in the notice of section 442 before the twentieth anniversary party to the dispute shall appoint one mem- termination may be extended. Such termi- of the effective date of this Compact, as ber to the Arbitration Board. If either party nation of this Compact, as amended, shall be amended: to the dispute does not fulfill the appoint- without prejudice to the continued applica- (1) Except as provided in paragraph (2) of ment requirements of this section within 30 tion of section 452 of this Compact, as this subsection and subsection (c) of this sec- days of referral of the dispute to arbitration amended, and the provisions of the Compact, tion, economic and other assistance by the pursuant to section 423, its member on the as amended, set forth therein. United States shall continue only if and as Arbitration Board shall be selected from its Section 443 mutually agreed by the Governments of the own standing list by the other party to the This Compact, as amended, shall be termi- United States and the Republic of the Mar- dispute. Each Government shall maintain a nated by the Government of the Republic of shall Islands. standing list of 10 candidates. The parties to the Marshall Islands, pursuant to its con- (2) In view of the special relationship of the the dispute shall jointly appoint a Chairman stitutional processes, subject to section 453 if United States and the Republic of the Mar- within 15 days after selection of the other the people represented by that Government shall Islands, as reflected in subsections (b)

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.148 S06PT1 S14218 CONGRESSIONAL RECORD — SENATE November 6, 2003 and (c) of section 354 of this Compact, as (b) The separate agreements referred to in (4) ‘‘Broadcasting Station’’ means a sta- amended, and the separate agreement re- Article II of Title Three shall remain in ef- tion in the broadcasting service. garding mutual security, and the Trust Fund fect in accordance with their terms. (5) ‘‘Assignment (of a radio frequency or Agreement, the United States shall continue Article VI radio frequency channel)’’ means an author- to make contributions to the Trust Fund de- Definition of Terms ization given by an administration for a radio station to use a radio frequency or scribed in section 216 of this Compact, as Section 461 amended, in the manner described in the For the purpose of this Compact, as radio frequency channel under specified con- Trust Fund Agreement. amended, only, and without prejudice to the ditions. (c) In view of the special relationship of views of the Government of the United (6) ‘‘Telecommunication’’ means any trans- the United States and the Republic of the States or the Government of the Republic of mission, emission or reception of signs, sig- Marshall Islands, as reflected in subsections the Marshall Islands as to the nature and ex- nals, writings, images and sounds or intel- 354(b) and (c) of this Compact, as amended, tent of the jurisdiction of either of them ligence of any nature by wire, radio, optical and the separate agreement regarding mu- under international law, the following terms or other electromagnetic systems. tual security, and the Trust Fund Agree- shall have the following meanings: (i) ‘‘Military Areas and Facilities’’ means ment, if termination occurs pursuant to sec- (a) ‘‘Trust Territory of the Pacific Islands’’ those areas and facilities in the Republic of tion 442 following the twentieth anniversary means the area established in the Trustee- the Marshall Islands reserved or acquired by of the effective date of this Compact, as ship Agreement consisting of the former ad- the Government of the Republic of the Mar- amended, the Republic of the Marshall Is- ministrative districts of Kosrae, Yap, shall Islands for use by the Government of lands shall continue to be eligible to receive Ponape, the Marshall Islands and Truk as de- the United States, as set forth in the sepa- proceeds from the Trust Fund described in scribed in Title One, Trust Territory Code, rate agreements referred to in section 321. section 216 of this Compact, as amended, in section 1, in force on January 1, 1979. This (j) ‘‘Tariff Schedules of the United States’’ the manner described in those provisions and term does not include the area of Palau or means the Tariff Schedules of the United the Trust Fund Agreement. the Northern Mariana Islands. States as amended from time to time and as Section 453 (b) ‘‘Trusteeship Agreement’’ means the promulgated pursuant to United States law (a) Should termination occur pursuant to agreement setting forth the terms of trustee- and includes the Tariff Schedules of the section 443 prior to the twentieth anniver- ship for the Trust Territory of the Pacific Is- United States Annotated (TSUSA), as sary of the effective date of this Compact, as lands, approved by the Security Council of amended. amended, the following provisions of this the United Nations April 2, 1947, and by the (k) ‘‘Vienna Convention on Diplomatic Re- Compact, as amended, shall remain in full United States July 18, 1947, entered into lations’’ means the Vienna Convention on force and effect until the twentieth anniver- force July 18, 1947, 61 Stat. 3301, T.I.A.S. 1665, Diplomatic Relations, done April 18, 1961, 23 sary of the effective date of this Compact, as 8 U.N.T.S. 189. U.S.T. 3227, T.I.A.S. 7502, 500 U.N.T.S. 95. amended, and thereafter as mutually agreed: (c) ‘‘The Republic of the Marshall Islands’’ Section 462 (1) Article VI and sections 172, 173, 176 and and ‘‘the Federated States of Micronesia’’ (a) The Government of the United States and the Government of the Republic of the 177 of Title One; are used in a geographic sense and include Marshall Islands previously have concluded (2) Sections 232 and 234 of Title Two; the land and water areas to the outer limits agreements, which shall remain in effect and (3) Title Three; and of the territorial sea and the air space above shall survive in accordance with their terms, (4) Articles II, III, V and VI of Title Four. such areas as now or hereafter recognized by the Government of the United States. as follows: (b) Upon receipt of notice of termination (1) Agreement Between the Government of pursuant to section 443, the Government of (d) ‘‘Compact’’ means the Compact of Free Association Between the United States and the United States and the Government of the the United States and the Government of the Marshall Islands for the Implementation of Republic of the Marshall Islands shall the Federated States of Micronesia and the Marshall Islands, that was approved by the Section 177 of the Compact of Free Associa- promptly consult with regard to their future tion; relationship. Except as provided in sub- United States Congress in section 201 of Pub- lic Law 99–239 (Jan. 14, 1986) and went into ef- (2) Agreement Between the Government of sections (c) and (d) of this section, these con- the United States and the Government of the sultations shall determine the level of eco- fect with respect to the Republic of the Mar- shall Islands on October 21, 1986. Marshall Islands by Persons Displaced as a nomic and other assistance, if any, which the Result of the United States Nuclear Testing Government of the United States shall pro- (e) ‘‘Compact, as amended’’ means the Compact of Free Association Between the Program in the Marshall Islands; vide to the Government of the Republic of (3) Agreement Between the Government of the Marshall Islands for the period ending on United States and the Republic of the Mar- shall Islands, as amended. The effective date the United States and the Government of the the twentieth anniversary of the effective of the Compact, as amended, shall be on a Marshall Islands Regarding the Resettle- date of this Compact, as amended, and for date to be determined by the President of ment of Enjebi Island; any period thereafter, if mutually agreed. the United States, and agreed to by the Gov- (4) Agreement Concluded Pursuant to Sec- (c) In view of the special relationship of ernment of the Republic of the Marshall Is- tion 234 of the Compact; and the United States and the Republic of the lands, following formal approval of the Com- (5) Agreement Between the Government of Marshall Islands, as reflected in subsections pact, as amended, in accordance with section the United States and the Government of the 354(b) and (c) of this Compact, as amended, 411 of this Compact, as amended. Marshall Islands Regarding Mutual Security and the separate agreement regarding mu- (f) ‘‘Government of the Republic of the Concluded Pursuant to Sections 321 and 323 tual security, and the Trust Fund Agree- Marshall Islands’’ means the Government es- of the Compact of Free Association. ment, if termination occurs pursuant to sec- tablished and organized by the Constitution (b) The Government of the United States tion 443 prior to the twentieth anniversary of of the Republic of the Marshall Islands in- and the Government of the Republic of the the effective date of this Compact, as amend- cluding all the political subdivisions and en- Marshall Islands shall conclude prior to the ed, the United States shall continue to make tities comprising that Government. date of submission of this Compact to the contributions to the Trust Fund described in (g) ‘‘Government of the Federated States legislatures of the two countries, the fol- section 216 of this Compact, as amended. of Micronesia’’ means the Government estab- lowing related agreements which shall come (d) In view of the special relationship of lished and organized by the Constitution of into effect on the effective date of this Com- the United States and the Republic of the the Federated States of Micronesia including pact, as amended, and shall survive in ac- Marshall Islands, as reflected in subsections all the political subdivisions and entities cordance with their terms, as follows: 354(b) and (c) of this Compact, as amended, comprising that Government. (1) Federal Programs and Services Agree- and the separate agreement regarding mu- (h) The following terms shall be defined ment Between the Government of the United tual security, and the Trust Fund Agree- consistent with the 1978 Edition of the Radio States of America and the Government of ment, if termination occurs pursuant to sec- Regulations of the International Tele- the Republic of the Marshall Islands Con- tion 443 following the twentieth anniversary communications as follows: cluded Pursuant to Article III of Title One, of the effective date of this Compact, as (1) ‘‘Radiocommunication’’ means tele- Article II of Title Two (including Section amended, the Republic of the Marshall Is- communication by means of radio waves. 222), and Section 231 of the Compact of Free lands shall continue to be eligible to receive (2) ‘‘Station’’ means one or more transmit- Association, as Amended, which include: proceeds from the Trust Fund described in ters or receivers or a combination of trans- (i) Postal Services and Related Programs; section 216 of this Compact, as amended, in mitters and receivers, including the acces- (ii) Weather Services and Related Pro- the manner described in those provisions and sory equipment, necessary at one location grams; the Trust Fund Agreement. for carrying on a radiocommunication serv- (iii) Civil Aviation Safety Service and Re- Section 454 ice, or the radio astronomy service. lated Programs; Notwithstanding any other provision of (3) ‘‘Broadcasting Service’’ means a (iv) Civil Aviation Economic Services and this Compact, as amended: radiocommunication service in which the Related Programs; (a) The Government of the United States transmissions are intended for direct recep- (v) United States Disaster Preparedness reaffirms its continuing interest in pro- tion by the general public. This service may and Response Services and Related Pro- moting the economic advancement and budg- include sound transmissions, television grams; and etary self-reliance of the people of the Re- transmissions or other types of trans- (vi) Telecommunications Services and Re- public of the Marshall Islands. mission. lated Programs.

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.148 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14219 (2) Agreement Between the Government of enter into force upon the exchange of diplo- the United States of America and the the United States of America and the Gov- matic notes by which the Government of the Government of the Federated States of ernment of the Republic of the Marshall Is- United States of America and the Govern- Micronesia, and the Compact of Free lands on Extradition, Mutual Assistance in ment of the Republic of the Marshall Islands Association, as amended, between the Law Enforcement Matters and Penal Sanc- inform each other about the fulfillment of tions Concluded Pursuant to Section 175 (a) their respective requirements for entry into Government of the United States of of the Compact of Free Association, as force. America and the Government of the Amended; DONE at Majuro, Republic of the Marshall Republic of the Marshall Islands, and (3) Agreement Between the Government of Islands, in duplicate, this thirtieth (30) day to appropriate funds to carry out the the United States of America and the Gov- of April, 2003, each text being equally au- amended Compacts.’’; as follows: ernment of the Republic of the Marshall Is- thentic. lands on Labor Recruitment Concluded Pur- Amend the title so as to read: ‘‘A joint res- Signed (May 14, 2003) For Signed (May 14, 2003) For olution to approve the Compact of Free As- suant to Section 175 (b) of the Compact of the Government of the Government of Free Association, as Amended; the United States of the Federated States sociation, as amended, between the Govern- (4) Agreement Concerning Procedures for America: of Micronesia: ment of the United States of America and the Implementation of United States Eco- Approved llllllllll , 2003. the Government of the Federated States of nomic Assistance Provided in the Compact, Micronesia, and the Compact of Free Asso- as Amended, of Free Association Between ciation, as amended, between the Govern- SA 2138. Mr. MCCAIN (for Mr. DOMEN- the Government of the United States of ment of the United States of America and ICI (for himself and Mr. BINGAMAN)) America and the Government of the Republic the Government of the Republic of the Mar- of the Marshall Islands; proposed an amendment to the joint shall Islands, and to appropriate funds to (5) Agreement Between the Government of resolution H.J. Res. 63, to approve the carry out the amended Compacts.’’. the United States of America and the Gov- Compact of Free Association, as ernment of the Republic of the Marshall Is- amended, between the Government of lands Implementing Section 216 and Section the United States of America and the SA 2140. Mr. ALEXANDER (for him- 217 of the Compact, as Amended, Regarding a Government of the Federated States of self, Mr. CARPER, Mr. HOLLINGS, Mr. Trust Fund; Micronesia, and the Compact of Free STEVENS, Mr. VOINOVICH, Mr. GRAHAM (6) Agreement Regarding the Military Use of Florida, Mr. DORGAN, Mrs. FEIN- and Operating Rights of the Government of Association, as amended, between the STEIN, Mr. LAUTENBERG, and Mr. the United States in the Republic of the Government of the United States of Marshall Islands Concluded Pursuant to Sec- America and the Government of the CONRAD) submitted an amendment in- tions 321 and 323 of the Compact of Free As- Republic of the Marshall Islands, and tended to be proposed to amendment sociation, as Amended; and, to appropriate funds to carry out the SA 2136 proposed by Mr. MCCAIN (for (7) Status of Forces Agreement Between amended Compacts.’’; as follows: himself, Mr. ALLEN, Mr. WYDEN, Mr. the Government of the United States of Strike the preamble and insert the fol- BURNS, Mr. ENSIGN, Mr. SUNUNU, Mr. America and the Government of the Republic lowing: WARNER, Mr. SMITH, Mr. LEAHY, Mr. of the Marshall Islands Concluded Pursuant Whereas the United States (in accordance GRASSLEY, Mr. HATCH, Mr. BAUCUS, to Section 323 of the Compact of Free Asso- with the Trusteeship Agreement for the ciation, as Amended. Mrs. BOXER, Mr. CHAMBLISS, and Mrs. Trust Territory of the Pacific Islands, the Section 463 LINCOLN) to the bill S. 150, to make per- United Nations Charter, and the objectives (a) Except as set forth in subsection (b) of manent the moratorium on taxes on of the international trusteeship system of this section, any reference in this Compact, Internet access and multiple and dis- the United Nations) fulfilled its obligations as amended, to a provision of the United to promote the development of the people of criminatory taxes on electronic com- States Code or the Statutes at Large of the the Trust Territory toward self-government merce imposed by the Internet Tax United States constitutes the incorporation or independence as appropriate to the par- Freedom Act; which was ordered to lie of the language of such provision into this ticular circumstances of the Trust Territory on the table; as follows: Compact, as amended, as such provision was and its peoples and the freely expressed wish- in force on the effective date of this Com- es of the peoples concerned; On page 2, strike lines 1 through 10 and in- pact, as amended. Whereas the United States, the Federated sert the following: (b) Any reference in Article IV and VI of States of Micronesia, and the Republic of the Title One, and Sections 174, 175, 178 and 342 SEC. 2. 2-YEAR EXTENSION OF MORATORIUM. Marshall Islands entered into the Compact of to a provision of the United States Code or Free Association set forth in title II of Pub- (a) IN GENERAL.—Section 1101(a) of the the Statutes at Large of the United States or lic Law 99–239, January 14, 1986, 99 Stat. 1770, Internet Tax Freedom Act (47 U.S.C. 151 nt) to the Privacy Act, the Freedom of Informa- to create and maintain a close and mutually is amended— tion Act, the Administrative Procedure Act beneficial relationship; or the Immigration and Nationality Act con- (1) by striking ‘‘2003—’’ and inserting Whereas the United States, in accordance ‘‘2005:’’; stitutes the incorporation of the language of with section 231 of the Compact of Free Asso- such provision into this Compact, as amend- ciation entered into negotiations with the (2) by striking paragraph (1) and inserting ed, as such provision was in force on the ef- Governments of the Federated States of Mi- the following: fective date of this Compact, as amended, or cronesia and the Republic of the Marshall Is- ‘‘(1) Taxes on Internet access.’’; and as it may be amended thereafter on a non- lands to provide continued United States as- discriminatory basis according to the con- sistance and to reaffirm its commitment to (3) by striking ‘‘multiple’’ in paragraph (2) stitutional processes of the United States. this close and beneficial relationship; and and inserting ‘‘Multiple’’. Article VII Whereas these negotiations, in accordance On page 3, beginning with line 10, strike Concluding Provisions with section 431 of the Compact, resulted in through line 2 on page 4 and insert the fol- the ‘‘Compact of Free Association, as amend- Section 471 lowing: ed between the Government of the United Both the Government of the United States States of America and the Government of (c) INTERNET ACCESS SERVICE; INTERNET and the Government of the Republic of the the Federated States of Micronesia’’, and the ACCESS.— Marshall Islands shall take all necessary ‘‘Compact of Free Association, as amended (1) INTERNET ACCESS SERVICE.—Paragraph steps, of a general or particular character, to between the Government of the United (3)(D) of section 1101(d) (as redesignated by ensure, no later than the entry into force States of America and the Government of subsection (b)(1) of this section) of the Inter- date of this Compact, as amended, the con- the Republic of the Marshall Islands’’, which, net Tax Freedom Act (47 U.S.C. 151 note) is formity of its laws, regulations and adminis- together with their related agreements, were amended by striking the second sentence and trative procedures with the provisions of this signed by the Government of the United inserting ‘‘The term ‘Internet access service’ Compact, as amended, or, in the case of sub- States and the Governments of the Fed- does not include telecommunications serv- section (d) of section 141, as soon as reason- erated States of Micronesia and the Republic ices, except to the extent such services are ably possible thereafter. of the Marshall Islands on May 14, and April purchased, used, or sold by an Internet ac- Section 472 30, 2003, respectively: Now, therefore, be it This Compact, as amended, may be accept- cess provider to connect a purchaser of Inter- ed, by signature or otherwise, by the Govern- net access to the Internet access provider.’’. SA 2139. Mr. MCCAIN (for Mr. DOMEN- ment of the United States and the Govern- (2) INTERNET ACCESS.—Section 1104(5) of ment of the Republic of the Marshall Islands. ICI) proposed an amendment to the that Act is amended by striking the second IN WITNESS WHEREOF, the undersigned, joint resolution H.J. Res. 63, to approve sentence and inserting ‘‘The term ‘Internet duly authorized, have signed this Compact of the Compact of Free Association, as access’ does not include telecommunications Free Association, as amended, which shall amended, between the Government of services, except to the extent such services

VerDate jul 14 2003 07:18 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.148 S06PT1 S14220 CONGRESSIONAL RECORD — SENATE November 6, 2003 are purchased, used, or sold by an Internet Committee on Intelligence be author- The PRESIDING OFFICER. The access provider to connect a purchaser of ized to meet during the session of the clerk will report the resolution by Internet access to the Internet access pro- Senate on Thursday, November 6, 2003 title. vider.’’. at 2:30 p.m. to hold a closed hearing. The legislative clerk read as follows: (3) 2-YEAR GRANDFATHER FOR STATE AND LOCAL TAX LAWS AFFECTED BY CHANGE IN DEFI- The PRESIDING OFFICER. Without A resolution (S. Res. 261) to authorize tes- NITION.—The amendments made by para- objection, it is so ordered. timony and document production and legal graphs (1) and (2) take effect on the date of SUBCOMMITTEE ON SCIENCE, TECHNOLOGY, AND representation for the State of Colorado v. enactment of this Act but shall not apply SPACE Daniel Raphael Egger, Sarah Jane Geraldi, until November 2, 2005, with respect to a law Mr. BENNETT. Mr. President, I ask Jennifer Melissa Greenberg, Lisa Gale Kunkel, Bonnie Catherine McCormick. imposing a tax that was generally imposed unanimous consent that the Sub- and actually enforced prior to November 6, committee on Science, Technology, There being no objection, the Senate 2003. and Space be authorized to meet on proceeded to consider the resolution. f Thursday, November 6, 2003, at 2:30 Mr. FRIST. Mr. President, this reso- AUTHORITY FOR COMMITTEES TO p.m. on Lunar Exploration. lution concerns a request for testi- MEET The PRESIDING OFFICER. Without mony, documents, and representation objection, it is so ordered. in related criminal trespass actions in COMMITTEE ON COMMERCE, SCIENCE, AND Arapahoe County Court in the State of TRANSPORTATION PERMANENT SUBCOMMITTEE ON INVESTIGATIONS Colorado. In these actions, five defend- Mr. BENNETT. Mr. President, I ask Mr. BENNETT. Mr. President, I ask ants have been charged with criminally unanimous consent that the Com- unanimous consent that the Perma- trespassing on the premises of Senator mittee on Commerce, Science and nent Subcommittee on Investigations WAYNE ALLARD’s Englewood, CO, office Transportation be authorized to meet of the Committee on Governmental Af- on April 24, 2003. Upon its closing that on Thursday, November 6, 2003, at 9:30 fairs be authorized to meet on Thurs- day, the defendants refused repeated a.m. on Robert Crandell, Floyd Hall, day, November 6, 2003, at 2:00 p.m., for requests to leave Senator ALLARD’s of- and Louis Thompson to be members of a hearing entitled ‘‘DOD’s Improper fice, and, as a result, were arrested. the Amtrak Reform Board. Use of First and Business Class Airline Trials on the charge of trespass are The PRESIDING OFFICER. Without Travel.’’ scheduled to be held on or about De- objection, it is so ordered. The PRESIDING OFFICER. Without cember 8, 2003. The State has subpoe- COMMITTEE ON FOREIGN RELATIONS objection, it is so ordered. naed a member of the Senator’s staff Mr. BENNETT. Mr. President, I ask f who witnessed the defendants’ conduct. unanimous consent that the Com- PRIVILEGES OF THE FLOOR The enclosed resolution would author- mittee on Foreign Relations be author- ize that staff member, and any other Mr. SESSIONS. I ask unanimous con- ized to meet during the session of the employees of Senator ALLARD’s office Senate on Thursday, November 6, 2003 sent that Marie Rapert, with Senator from whom evidence may be required, at 10 a.m. to hold a Business Meeting. INHOFE, be allowed the privilege of the to testify and produce documents in The PRESIDING OFFICER. Without floor during the next rollcall vote. connection with these actions. The en- objection, it is so ordered. The PRESIDING OFFICER. Without closed resolution also authorizes rep- COMMITTEE ON THE JUDICIARY objection, it is so ordered. resentation by Senate Legal Counsel of Mr. SESSIONS. I ask unanimous con- Mr. BENNETT. Mr. President, I ask Senator ALLARD and his staff in these unanimous consent that the Com- sent that the request for floor privi- actions. leges that I made earlier be vitiated. mittee on the Judiciary be authorized Mr. MCCAIN. Mr. President, I ask to meet to conduct a markup on Thurs- The PRESIDING OFFICER. Without unanimous consent that the resolution day, November 6, 2003, at 9:30 a.m. in objection, it is so ordered. be agreed to, the preamble be agreed Dirksen Room 226. Mr. BURNS. I ask unanimous consent to, the motion to reconsider be laid that Dr. Prabhat Hajela, a congres- I. Nominations upon the table, and any statements re- sional fellow in my office, be granted lated to this matter be printed in the the privilege of the floor for the dura- Henry W. Saad to be U.S. Circuit RECORD. Judge for the Sixth Circuit; Janice R. tion of the consideration of H.R. 7623. The PRESIDING OFFICER. Without Brown to be U.S. Circuit Judge for the The PRESIDING OFFICER. Without objection, it is so ordered. District of Columbia Circuit; D. Mi- objection, it is so ordered. The resolution (S. Res. 261) was chael Fisher to be U.S. Circuit Judge f agreed to. for the Third Circuit; James B. Comey The preamble was agreed to. to be Deputy Attorney General; Mi- MEASURE PLACED ON THE CALENDAR—S. 1832 The resolution, with its preamble, chael J. Garcia to be Assistant Sec- reads as follows: retary of U.S. Immigration and Cus- Mr. MCCAIN. I understand S. 1832, in- toms Enforcement; and Mark R. Filip troduced earlier today, is at the desk, S. RES. 261 to be U.S. District Court Judge for the and I ask for its first reading. Whereas, in the case of State of Colorado v. Northern District of Illinois The PRESIDING OFFICER. The Daniel Raphael Egger, Sarah Jane Geraldi, clerk will read the bill for the first Jennifer Melissa Greenberg, Lisa Gale II. Bills Kunkel, Bonnie Catherine McCormick, pend- time. ing in the Arapahoe County Court, Colorado, S. 710, Anti-Atrocity Alien Deporta- The legislative clerk read as follows: testimony and documents have been re- tion Act of 2003 [Leahy, Hatch]; H.R. A bill (S. 1832) entitled ‘‘Senator Paul quested from an employee in the office of 1086, the Standards Development Orga- Wellstone Mental Equitable Treatment Act Senator Wayne Allard; nization Advancement Act of 2003 [Sen- of 2003.’’ Whereas, pursuant to sections 703(a) and senbrenner]; S. 1685, Basic Pilot Pro- Mr. MCCAIN. I now ask for its second 704(a)(2) of the Ethics in Government Act of gram Extension and Expansion Act of reading and object to my own request. 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the Senate may direct its counsel to represent 2003 [Grassley, Kyl]; S. Con. Res. 77, Ex- The PRESIDING OFFICER. The ob- pressing the sense of Congress sup- Members of the Senate and their employees jection is heard. with respect to any subpoena, order, or re- porting vigorous enforcement of the The bill will be read the second time quest for testimony relating to their official Federal obscenity laws [Sessions, on the next legislative day. responsibilities; Hatch]; and H.R. 1437, To improve the f Whereas, by the privileges of the Senate of United States Code [Sensenbrenner, the United States and Rule XI of the Stand- Conyers]. AUTHORIZING REPRESENTATION ing Rules of the Senate, no evidence under The PRESIDING OFFICER. Without BY SENATE LEGAL COUNSEL the control or in the possession of the Senate objection, it is so ordered. may, by the judicial or administrative proc- Mr. MCCAIN. I ask unanimous con- ess, be taken from such control or possession SELECT COMMITTEE ON INTELLIGENCE sent the Senate proceed to the imme- but by permission of the Senate; Mr. BENNETT. Mr. President, I ask diate consideration of S. Res. 261, Whereas, when it appears that evidence unanimous consent that the Select which was submitted earlier today. under the control or in the possession of the

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00138 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.141 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14221 Senate may promote the administration of the Coastal Barrier Resources Act (16 U.S.C. al Barrier Resources Act (16 U.S.C. 3503(a)) to justice, the Senate will take such action as 3504) and the limitations on flood insurance reflect the exclusion of land under sub- will promote the ends of justice consistently coverage in section 1321(a) of the National section (a).¿ with the privileges of the Senate: Now, Flood Insurance Act of 1968 (42 U.S.C. 4028(a)) SECTION 1. REPLACEMENT OF JOHN H. CHAFEE therefore, be it shall not apply to lots 15, 16, 25, and 29 with- COASTAL BARRIER RESOURCES SYS- Resolved, that employees of Senator in the Jeremy Cay Subdivision on Edisto Is- TEM MAP. Allard’s office from whom testimony or the land, South Carolina, depicted on the ømap¿ (a) IN GENERAL.—The map described in sub- production of documents may be required are reference map entitled ‘‘John H. Chafee section (b) is replaced by the map entitled ‘‘John authorized to testify and produce documents Coastal Barrier Resources System Edisto H. Chafee Coastal Barrier Resources System in the cases of State of Colorado v. Daniel Complex M09/M09P’’ dated January 24, 2003. Matagorda Peninsula Unit T07/T07P’’ and Raphael Egger, Sarah Jane Geraldi, Jennifer Mr. MCCAIN. Mr. President, I ask dated July 12, 2002. Melissa Greenberg, Lisa Gale Kunkel, Bonnie unanimous consent that the committee (b) DESCRIPTION OF REPLACED MAP.—The Catherine McCormick, except concerning map referred to in subsection (a) is the map re- matters for which a privilege should be as- amendments be agreed to en bloc, the lating to the John H. Chafee Coastal Barrier serted. bill, as amended, be read a third time System unit designated as Coastal Barrier Re- SEC. 2. The Senate Legal Counsel is author- and passed, the motions to reconsider sources System Matagorda Peninsula Unit T07/ ized to represent Senator Allard and his staff be laid upon the table en bloc, and that T07P that is subtitled ‘‘T07/T07P’’ and included in the actions referenced in section one of any statements relating to the bill be in the set of maps entitled ‘‘Coastal Barrier Re- this resolution. printed in the RECORD. sources System’’ and referred to in section 4(a) f The PRESIDING OFFICER. Without of the Coastal Barrier Resources Act (16 U.S.C. objection, it is so ordered. 3503(a)). REAUTHORIZING CERTAIN SCHOOL (c) AVAILABILITY.—The Secretary of the Inte- LUNCH AND CHILD NUTRITION The committee amendments were rior shall keep the replacement map referred to PROGRAMS agreed to. in subsection (a) on file and available for in- The bill (S. 1643), as amended, was spection in accordance with section 4(b) of the Mr. MCCAIN. I ask unanimous con- read the third time and passed, as fol- Coastal Barrier Resources Act (16 U.S.C. sent the Agriculture Committee be dis- lows: 3503(b)). charged from further consideration of S. 1643 Mr. MCCAIN. Mr. President, I ask H.R. 3232, and that the Senate proceed Be it enacted by the Senate and House of Rep- unanimous consent that the committee to its immediate consideration. resentatives of the United States of America in substitute amendment be agreed to, The PRESIDING OFFICER. Without Congress assembled, the bill, as amended, be read a third objection, it is so ordered. SECTION 1. FINANCIAL ASSISTANCE; FLOOD IN- time and passed, the motions to recon- The clerk will report the bill by title. SURANCE. sider be laid upon the table en bloc, The legislative clerk read as follows: The limitations on Federal expenditures or and that any statements relating to financial assistance in section 5 of the Coast- A bill (H.R. 3232) to reauthorize certain the bill be printed in the RECORD. al Barrier Resources Act (16 U.S.C. 3504) and school lunch and child nutrition programs The PRESIDING OFFICER. Without for fiscal year 2004. the limitations on flood insurance coverage in section 1321(a) of the National Flood In- objection, it is so ordered. There being no objection, the Senate surance Act of 1968 (42 U.S.C. 4028(a)) shall The committee amendment in the proceeded to consider the bill. not apply to lots 15, 16, 25, and 29 within the nature of a substitute was agreed to. Mr. MCCAIN. I ask unanimous con- Jeremy Cay Subdivision on Edisto Island, The bill (S. 1066), as amended, was sent the bill be read the third time, South Carolina, depicted on the reference read the third time and passed. passed, the motion to reconsider be map entitled ‘‘John H. Chafee Coastal Bar- laid upon the table, and any state- rier Resources System Edisto Complex M09/ f ments be printed in the RECORD. M09P’’ dated January 24, 2003. REPLACING CERTAIN COASTAL The PRESIDING OFFICER. Without f BARRIER RESOURCES SYSTEM objection, it is so ordered. CORRECTION OF ERROR ON THE MAPS The bill (H.R. 3232) was read the third JOHN H. CHAFEE COASTAL BAR- Mr. MCCAIN. Mr. President, I ask time and passed. RIER RESOURCES SYSTEM MAP unanimous consent that the Senate f Mr. MCCAIN. Mr. President, I ask proceed to the immediate consider- EXEMPTING CERTAIN COASTAL unanimous consent that the Senate ation of Calendar No. 354, S. 1663. BARRIER PROPERTY FROM FI- proceed to the immediate consider- The PRESIDING OFFICER. The NANCIAL ASSISTANCE AND ation of Calendar No. 351, S. 1066. clerk will report the bill by title. FLOOD INSURANCE LIMITATIONS The PRESIDING OFFICER. The The legislative clerk read as follows: A bill (S. 1663) to replace certain Coastal Mr. MCCAIN. Mr. President, I ask clerk will report the bill by title. Barrier Resources System maps. unanimous consent that the Senate The legislative clerk read as follows: proceed to the immediate consider- A bill (S. 1066) to correct a technical error There being no objection, the Senate ation of Calendar No. 352, S. 1643. from Unit T–07 of the John H. Chafee Coastal proceeded to consider the bill. The PRESIDING OFFICER. The Barrier Resources System. Mr. MCCAIN. Mr. President, I ask clerk will report the bill by title. There being no objection, the Senate unanimous consent that the bill be The legislative clerk read as follows: proceeded to consider the bill, with an read a third time and passed, the mo- tion to consider be laid upon the table, A bill (S. 1643) to exempt certain coastal amendment to strike all after the en- barrier property from financial assistance acting clause and inserting in lieu and that any statements relating to and flood insurance limitations under the thereof the following: the bill be printed in the RECORD. Coastal Barriers Resources Act and the Na- [Strike the part shown in black brackets The PRESIDING OFFICER. Without tional Flood Insurance Act of 1968. and insert the part shown in italic.] objection, it is so ordered. There being no objection, the Senate S. 1066 The bill (S. 1663) was read the third time and passed, as follows: proceeded to consider the bill, which Be it enacted by the Senate and House of Rep- had been reported from the Committee resentatives of the United States of America in S. 1663 on Environment and Public Works, Congress assembled, Be it enacted by the Senate and House of Rep- with amendments, as follows: øSECTION 1. EXCLUSION OF CERTAIN LAND resentatives of the United States of America in [Strike the parts shown in black brackets FROM THE JOHN H. CHAFEE COAST- Congress assembled, and insert the parts shown in italic.] AL BARRIER RESOURCES SYSTEM. SECTION 1. REPLACEMENT OF CERTAIN COAST- ø(a) IN GENERAL.—The John H. Chafee AL BARRIER RESOURCES SYSTEM S. 1643 Coastal Barrier Resources System shall not MAPS. Be it enacted by the Senate and House of Rep- include any land in Matagorda Dunes sub- (a) IN GENERAL.—The 2 maps subtitled resentatives of the United States of America in division or Bahia de Matagorda subdivision, ‘‘NC–07P’’, relating to the Coastal Barrier Congress assembled, located in Matagorda County, Texas. Resources System unit designated as Coastal SECTION 1. FINANCIAL ASSISTANCE; FLOOD IN- ø(b) MAPS.—Not later than 180 days after Barrier Resources System Cape Fear Unit SURANCE. the date of enactment of this section, the NC–07P, that are included in the set of maps The limitations on Federal expenditures or Secretary of the Interior shall modify the entitled ‘‘Coastal Barrier Resources System’’ financial assistance in øsection 6¿ section 5 of maps referred to in section 4(a) of the Coast- and referred to in section 4(a) of the Coastal

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00139 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.150 S06PT1 S14222 CONGRESSIONAL RECORD — SENATE November 6, 2003 Barrier Resources Act (16 U.S.C. 3503(a)), are COMPACT OF FREE ASSOCIATION Senator BINGAMAN, the ranking mem- hereby replaced by 2 other maps relating to AMENDMENTS ACT OF 2003 ber of the committee and Senator those units entitled ‘‘Coastal Barrier Re- Mr. MCCAIN. Mr. President, I ask CRAIG, chair of the Public Lands and sources System Cape Fear Unit, NC–07P’’ and Forests Subcommittee. A special dated February 18, 2003. unanimous consent that the Senate KAKA (b) AVAILABILITY.—The Secretary of the In- proceed to the immediate consider- thanks to Senator A , a great terior shall keep the maps referred to in sub- ation of Calendar No. 350, H.J. Res. 63. friend and voice for the islands. The section (a) on file and available for inspec- The PRESIDING OFFICER. The committee is grateful for his assist- tion in accordance with the provisions of sec- clerk will report the joint resolution ance in this effort. Finally, I would tion 4(b) of the Coastal Barrier Resources by title. like to thank Kellie Donnelly and Act (16 U.S.C. 3503(b)). The legislative clerk read as follows: Allen Stayman of the committee staff A joint resolution (H.J. Res. 63) to approve for their hard work and dedication f the ‘‘Compact of Free Association, as amend- throughout this process. ed between the Government of the United Enactment of the amended Compacts CONGRATULATING SHIRIN EBADI States of America and the Government of will continue a remarkable relation- FOR WINNING THE 2003 NOBEL the Federated States of Micronesia,’’ and the ship first forged after World War II. It PEACE PRIZE ‘‘Compact of Free Association, as amended is important to remember that these between the Government of the United Mr. MCCAIN. Mr. President, I ask States of America and the Government of islands were occupied by Japan and ex- unanimous consent that the Judiciary the Republic of the Marshall Islands,’’ and perienced some of the bloodiest fight- Committee be discharged from further otherwise to amend Public Law 99–239, and ing during World War II. After the war, consideration of S. Res. 244, and that to appropriate for the purposes of amended the islands were placed under the the Senate then proceed to its imme- Public Law 99–239 for fiscal years ending on United Nations’ trusteeship system. diate consideration. or before September 30, 2023, and for other The United States served as U.N. trust- The PRESIDING OFFICER. Without purposes. ee and in that capacity, aided the is- objection, it is so ordered. The clerk There being no objection, the Senate lands’ transition into self-governing will report the resolution by title. proceeded to consider the resolution. nations, freely associated with the The legislative clerk read as follows: Mr. DOMENICI. Mr. President, I rise United States. With the ratification of A resolution (S. Res. 244) congratulating today to support passage of H.J. Res. the original Compact of Free Associa- Shirin Ebadi for winning the 2003 Nobel 63, legislation to approve and extend tion in 1986, a unique relationship with Peace Prize and commending her for her life- the Compacts of Free Association be- these islands was formed. time of work to promote democracy and tween the United States and the Fed- The Compact of Free Association has human rights. erated States of Micronesia, FSM, and guided our Nation’s relationship with There being no objection, the Senate the United States and the Republic of the FSM and RMI for the past 17 years. proceeded to consider the resolution. the Marshall Islands, RMI. As chair- Most would agree that the original Mr. MCCAIN. Mr. President, I ask man of the Senate Committee on En- Compact has been a success. Indeed, unanimous consent that the resolution ergy and Natural Resources with juris- the Compact has achieved its goals of, and preamble be agreed to en bloc, the diction over these islands, I am pleased 1, establishing full self-governance for motions to reconsider be laid upon the that we are ready to pass this legisla- the islands and ending the U.N. trust- table en bloc, and that any statements tive package. We have made great eeship; and 2, securing our mutual de- relating thereto be printed in the progress in a short amount of time. fense interests. One final goal remains, RECORD, without intervening action or The administration did not transmit to assist Micronesia and the Marshall debate. the joint resolution to the Senate until Islands in their efforts to advance eco- The PRESIDING OFFICER. Without July 14, 2003, and the original Compact nomic self-sufficiency. The amended objection, it is so ordered. expired on September 30. Since that Compacts aim to achieve this goal. The resolution (S. Res. 244) was time, we have been on an extension. The amended Compacts also seek to agreed to. However, in just over 3 months, Con- improve upon the original. After nearly The preamble was agreed to. gress has completed its work and is 20 years of free association, the United The resolution, with its preamble, now poised to enact the agreements States has learned a great deal and has reads as follows: that will govern our mutually bene- identified areas in need of improve- S. RES. 244 ficial relationship for the next 20 years. ment. The legislation now before us Whereas Shirin Ebadi is the winner of the The legislation now before the Sen- continues U.S. economic assistance and 2003 Nobel Peace Prize; ate encompasses a broad array of im- each nation, including the United Whereas Shirin Ebadi has fought to sup- portant policy issues, including fund- States, has increased oversight and ac- port basic human rights in Iran through her ing, education, labor, disaster assist- countability responsibilities via the work as a lawyer, judge, lecturer, writer, and ance, and immigration matters. Con- Joint Economic Management Commit- activist; sequently, a number of committees tees that have been established. Whereas Shirin Ebadi believes that con- have assisted the Energy and Natural In order to realize the goal of eco- flict should be resolved peacefully through Resources Committee in reaching this nomic self-reliance for the islands, the dialogue and mutual understanding; Whereas Shirin Ebadi supports democracy bipartisan agreement. For helping us amended Compacts establish and cap- and democratic elections and has defended resolve these numerous issues, I would italize trust funds for the FSM and those who have been attacked for exercising like to thank Budget Committee Chair- RMI, respectively. Properly managed, their freedom of speech; man NICKLES and Ranking Member the trust funds will provide an ongoing Whereas Shirin Ebadi argues for an inter- Senator CONRAD; Health, Education, source of revenue when annual pay- pretation of Islamic law that is in harmony Labor and Pensions Committee Chair- ments by the United States end in 2023. with democracy and vital human rights such man GREGG and Ranking Member Sen- H.J. Res. 63 further provides annual as equality before the law, freedom of reli- ator KENNEDY; Labor, Health and funding to address the migration im- gion, and freedom of speech; Whereas Shirin Ebadi has been a leader in Human Services and Education Appro- pacts to neighboring Hawaii, Guam, promoting the human rights of women and priations Subcommittee Chairman the Northern Mariana Islands, and girls; and SPECTER and Ranking Member Senator American Samoa. In the wake of Sep- Whereas Shirin Ebadi has been arrested HARKIN; and Environment and Public tember 11, the Compacts’ immigration numerous times for her courageous defense Works Committee Chairman INHOFE provisions have been strengthened. In of basic human rights and democratic ideals, and Ranking member Senator JEF- addition, funding is provided for food sacrificing her own freedom for the freedom FORDS. Thanks also to the staff from importation programs and judicial of others: Now, therefore, be it these committees for their assistance. training. Resolved, That the Senate— I must of course express my apprecia- Importantly, the amended Compacts (1) congratulates Shirin Ebadi for winning the 2003 Nobel Peace Prize; and tion to the members of the Senate En- maintain our Nation’s defense rights in (2) commends Shirin Ebadi for her lifetime ergy and Natural Resources Com- the western Pacific. It should be noted of work to promote democracy and human mittee. In particular, I would like to that the FSM and RMI have proven to rights. commend the leadership, provided by be two of our country’s most steadfast

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00140 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.153 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14223 allies in this region of the world. The and RMI. Only last week, the adminis- and RMI lie between the state of Ha- United States has a ‘‘strategic denial tration submitted an alternative pro- waii, and our Territories of Guam and right,’’ that is, the right to deny access posal for disaster assistance that in- the Commonwealth of the Northern to the islands by the military forces of cludes both FEMA and OFDA partici- Mariana Islands in the western Pacific. other nations. In addition, the United pation. While the proposal may be During World War II, the islands of the States has a ‘‘defense veto’’ that allows workable, it would be premature to FSM and RMI served as hard-fought our Government to veto local actions adopt it at this time. The legislation stepping-stones in the Allied defeat of that are determined to be incompatible now before the Senate maintains Imperial Japan. To help assure that with our defense responsibilities. The FEMA’s services for a period of 5 years. such a struggle will never need to be amended Compacts also seek to con- During this time, the administration repeated, the Compact grants the U.S. tinue access to the U.S. military facili- will negotiate disaster assistance that the right to deny access to the islands ties at Kwajalein for the next 50 to 70 provisions with the Governments of the by the military forces of other nations, years. FSM and RMI. It is the Committee’s as well as the right to veto local ac- The major policy issues of education expectation that an agreement will be tions that the U.S. determines are in- and disaster assistance that are ad- concluded expeditiously and if progress compatible with its defense respon- dressed in the amended Compacts have is not made in a timely fashion, the sibilities. The Compact also provides a very real impact on the daily lives of committee may conduct an oversight that the FSM and RMI will sympa- Micronesian and Marshallese citizens. hearing on the matter. At the end of 5 thetically consider U.S. requests for Federal education programs have been years though, if a conclusion is not military basing rights. In the past, available to the FSM and the RMI reached and enacted during that time U.S. nuclear weapons tests in the Mar- under the current Compact since 1986 period, the administration’s hybrid shall Islands played a central role in and the administration testified that it proposal will be triggered. the development of our Nation’s nu- assumed their continuation when it re- I am pleased that the amended Com- clear deterrent. Today, the missile test negotiated the Compact. The Com- pacts will soon be signed by the Presi- range at Kwajalein continues to play a pact’s goal of moving the islands to dent, and I thank my colleagues for vital role in maintaining the nation’s economic self-sufficiency will fail with- their support of this significant legisla- ballistic missile capability and in de- out these programs or funds to replace tive package. veloping missile defense systems. En- them. Mr. BINGAMAN. Mr. President, I am actment of this legislation could se- In response to concerns expressed by pleased to support passage of the Com- cure U.S. access to the missile test and the House and Senate Education Com- pact of Free Association Amendments space surveillance facilities at Kwaja- mittees, we have reached agreement on Act of 2003, legislation that will extend lein beyond 2016. an alternative approach to the edu- and strengthen our Nation’s special re- A second major element in the spe- cation issue. The amended Compacts lationship with two young Pacific Is- cial relationship established by the maintain the vital education programs land nations, the Federated States of Compact is the mutual interest in pro- of Pell Grants and the Individuals with Micronesia, FSM, and the Republic of moting economic development. This Disabilities and Education Act. The re- the Marshall Islands, RMI. goal has been approached by providing maining Federal formula grant edu- The special ties between these is- a combination of financial and pro- cation programs are terminated. In lands and the United States have a gram assistance. Significant economic their place, a straight authorization is long history, from the 19th Century development occurred from 1986 to 2003, provided, $12,230,000 for the FSM and New England whaling industry, but the remote and resource-poor is- $6,100,000 for the RMI. This authoriza- through the terrible years of World land economies continue to be based on tion creates a new discretionary grant War II, to the period of United States the government-sector, and they are program for the islands. The intent is administration under the United Na- heavily dependent on U.S. assistance. to shift funding for these island’s pro- tions Trusteeship system. From 1947 to Development has also been hindered by grams from their formula allocation of 1986, the U.S. governed these islands on the Compact’s weak accountability the national appropriation for these behalf of the U.N. and was responsible mechanisms and by the island govern- programs, to a separate appropriation for promoting the political, economic, ments’ poor planning and management of equal value. and social development of the inhab- capabilities. In both chambers, the Labor, HHS, itants. In 1986, the U.S. fulfilled its ob- A third element in this special rela- and Education Appropriations Sub- ligations to the U.N. with implementa- tionship is the Compact’s provision committees, which have funded the tion of the Compact of Free Associa- granting FSM and RMI citizens the op- education programs for the islands for tion, approved by Public Law 99–239. portunity to live, work, and study in the past 17 years, have agreed to assist The Compact formally ended U.S. ad- the U.S. as resident aliens. This privi- in funding this new approach. Once ap- ministration and allowed the FSM and lege provides an outlet for the islands’ propriated, the education funding RMI to achieve self-government and population growth, but it has also re- would be disbursed and monitored in international recognition. The Com- sulted in significant migration to Ha- accordance with the Compact’s fiscal pact also allowed the U.S. to continue waii, Guam, and the Commonwealth of procedures agreements with the FSM the special security relationship forged the Northern Mariana Islands, CNMI. and RMI, respectively. during the Trusteeship. Now 17 years Due to relatively poor health and edu- Islands are prone to natural disasters later, the Compact continues to pro- cation conditions in the FSM and RMI, such as typhoons and, surprisingly, vide for mutual defense and for polit- these migrants pose a disproportion- droughts. Disaster assistance, then, is ical and economic stability in a region ately high impact on social services in of the utmost importance. In approving of significant interest to the U.S. the jurisdictions to which they mi- the original Compact, Congress ensured Prompt enactment of H.J. Res. 63 is grate. FEMA assistance for both the FSM and needed to update and extend provisions Finally, the Compact included a full RMI. Clearly, some form of disaster as- of the Compact, particularly those eco- and final settlement of all claims re- sistance is necessary for infrastructure nomic assistance provisions which ex- sulting from the U.S. nuclear weapons repair, to promote the goal of eco- pired on September 30, 2003, but which testing program that was conducted in nomic self-sufficiency, and to protect have been temporarily extended. the RMI from 1947 to 1958 and which our investments. I would like to remind my colleagues significantly contaminated the islands As transmitted by the administra- of the scope and importance of his se- of four atolls. tion, the amended Compacts replaced curity relationship because it provides I commend the representatives of Mi- FEMA with the U.S. AID’s office of one of the compelling reasons to sup- cronesia, the Marshall Islands, and the Foreign Disaster Assistance, OFDA. port this resolution. Our mutual secu- United States for their work over the Because of the Energy Committee’s rity includes the obligation of the U.S. past 4 years to extend and strengthen concerns with OFDA’s lack of recon- to defend these nations as if they are a the Compact. The two new Compact struction capability, the committee re- part of the U.S., and it is based on a agreements they concluded are nested instated FEMA’s services for the FSM simple geographic reality—the FSM within this joint resolution and will

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00141 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.156 S06PT1 S14224 CONGRESSIONAL RECORD — SENATE November 6, 2003 provide the assistance needed to assure President Kennedy during the Trustee- for the FSM, and $6,100,000 for the RMI, continued economic development and ship period and were continued under and the authorization includes an in- mutual security in partnership with the Compact as negotiated and ap- flation adjustment. Once appropriated, the United States. The administration proved under President Reagan. The this supplemental funding would be transmitted the legislation on June 27, administration testified on this resolu- used in accordance with an agreement it was introduced as S.J. Res. 16 on tion in July before the Energy Com- between the appropriate cabinet officer July 14, 2003, and ordered reported by mittee that continuation of these pro- and the Secretary of the Interior, and the committee, with amendments, on grams was assumed when it renegoti- would be disbursed and monitored in September 17. It would provide about $4 ated the Compact. Unfortunately, as accordance with the Compact’s Fiscal billion in funding over the 20-year pe- the legislation moved forward, the Procedures Agreements with the FSM riod from fiscal year 2004 to 2023 for House and Senate HELP Committees and RMI, respectively. grants, contributions to trust funds, opposed continuation. I support this compromise reluc- payments to extend the lease at Kwaja- It was clear during the committee’s tantly because I am uneasy with dis- lein, the cost of certain domestic serv- consideration that the Compact’s goal cretionary funding for such a critical ices and programs, and $30 million an- of promoting economic self-sufficiency element of the Compacts. Nevertheless, nually to be allocated among Hawaii, would fail without maintaining current it appears to be the best that can be Guam, the Northern Mariana Islands, levels of support for education. This worked out under the circumstances and American Samoa to mitigate the could be done by either continuing and I look forward to working with my impact of migration from the FSM and these programs, as assumed by the ad- colleagues next year to make sure that RMI. The package would also continue ministration, or by providing an alter- the funding is shifted smoothly from program assistance to the FSM and native source of funding. the allocation for each of these na- RMI through a range of domestic pro- The Energy Committee recommended tional programs to a new FSM–RMI grams continuation of critical programs and supplemental appropriation of the To improve the effectiveness of U.S. the ‘‘cash-out’’ of the remainder. Three same amount. I thank Senator GREGG assistance in the future, the amended domestic education programs that and Senator KENNEDY for their co- Compacts have enhanced account- would be very hard, if not impossible, operation in resolving these difficult ability mechanisms. For example, in- for the island governments to duplicate education issues, and Stephanie Mon- stead of providing financial assistance would continue: Pell Grants, programs roe and Jane Oates of the HELP staff in the form of direct cash payments, under the Individuals with Disabilities for their time and effort in working out funds will be disbursed through sector Education Act, IDEA, and Job Corps. this compromise. I particularly want grants targeted to priority areas such Pell grants to students attending the to thank Senator AKAKA for his hard as health and education. A new ‘‘Fiscal two community colleges in the FSM work and commitment to this legisla- Procedures Agreement,’’ will establish and RMI rate vital to the survival of tion, and to recognize Noe Kalipi and new planning and reporting require- these two institutions and there is con- Melissa Hampe of his staff for their ments, including the establishment of sensus to support their continuation. contributions. a joint economic management com- IDEA serves a special population in the A second item that was not resolved mittee with each nation. These com- islands that, without the extension of during the Energy Committee’s delib- mittees will have a U.S. majority the U.S. program, is unlikely to be ade- erations was disaster assistance. The membership, and the power to impose quately served. Finally, an exception is administration proposed that the cur- grant conditions and withhold funds. made for Job Corps because of the role rent eligibility of the islands to par- Finally, the Compacts anticipate the it plays in preparing young people to ticipate in the disaster assistance pro- end of annual U.S. financial assistance enter the workforce. This is particu- grams of FEMA be terminated and re- after 2023 and provide fro contributions larly true at Kwajalein Atoll where the placed with eligibility for assistance to two trust funds that will become an U.S. Army vigorously supports the con- from the Office of Foreign Disaster As- alternate source of funding after that tinuation of Job Corps because it helps sistance, OFDA. This approach was year. maximize local employment at the clearly flawed because OFDA is not re- The U.S. currently has access to U.S. Army base there. quired to rebuild essential infrastruc- military sites at Kwajalein Atoll until For the remaining Federal formula- ture following disasters. 2016, but this legislation provides an grant programs administered by the In response to this need, the adminis- opportunity to extend U.S. access until Departments of Education and Labor, tration transmitted a new proposal last 2086. The new arrangement regarding and for the Head Start Program, the week that would provide for assistance Kwajalein was negotiated with the committee recommended termination from both OFDA and FEMA. However, Marshall Islands national government of the islands’ eligibility and providing the details for implementing this new which has not yet reached agreement the islands with mandatory funding to joint-program approach were not set with all of the landowners involved. replace, or ‘‘cash-out’’, the actual pro- forth in a subsidiary agreement, as has Accordingly, a new land use agreement grams. However, the compromise been done with other programs to be will need to be concluded between the agreed to with the House would provide extended to the islands. Accordingly, a landowners and the Government of the an authorization for a discretionary, compromise has been developed that RMI in order to give effect to the new not mandatory ‘‘cash-out’’ of the pro- would continue FEMA assistance, as access agreement. Until that time, this grams to be terminated. The replace- recommended by the Energy Com- legislation requires that the increased ment funding under this proposal mittee, while the administration un- payments be held in an interest-bear- would continue to be provided by the dertakes negotiations with the islands ing escrow account. appropriations subcommittee for and FEMA on the new approach in Two issues that were not resolved Labor, HHS, and Education, but in- which all parties seek to conclude sub- during the Energy and Natural Re- stead of being allocated from the ap- sidiary agreements that would clarify sources Committee’s consideration of propriation for each of the national implementation of the new approach. this resolution are education and dis- programs, there would be a new, sepa- To help assure that all parties will ne- aster assistance. As pointed out ear- rate appropriation of equal value to gotiate in good faith, the compromise lier, U.S. assistance under the Compact supplement the education sector grants further provides that the statutory is provided through a combination of provided by the Secretary of the Inte- language for the new approach, as sub- financial assistance and program as- rior under section 211(a) of the two mitted by the administration, would go sistance. In the case of education, U.S. Compacts. into effect 5 years after the date of en- domestic programs account for roughly The initial authorization levels for actment of this joint resolution. It is 40 percent of education funding, with these two new discretionary grants are my expectation that subsidiary agree- local and U.S. financial contributions based on estimates obtained from the ments and any negotiated changes to making-up the balance. These U.S. pro- Congressional Research Service and the statutory language would be agreed grams were first made available to the the Department of the Interior’s Fed- to between the island governments and FSM and the RMI as an initiative of eral Program Coordinator, $12,230,000 representatives of FEMA, OFDA, the

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00142 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.161 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — SENATE S14225 State Department and the Interior De- either continuing the extension of available to the FSM and RMI since partment long before that deadline. I these programs, or providing an alter- 1986. Located in the western Pacific, thank Senators INHOFE and JEFFORDS nate source of funding. the RMI and FSM are vulnerable to ty- for their help in resolving this matter The Domenici-Bingaman amendment phoons and experience periodic and I look forward to working with in the nature of a substitute to H.J. droughts in connection with the El them next year to assuring that the is- Res. 63 includes language modeled on Nin˜ o weather pattern. This vulner- lands have the disaster assistance that that passed in the House, that would ability to disasters presents risks to is essential to the success of their create an authorization for alternate public health and safety, jeopardizes economies, and to the success of the funding. The amendment would con- the substantial investment made by Compacts. tinue eligibility for certain essential the U.S. in the island’s infrastructure, I believe that we have taken two ex- programs, but eligibility would be and it threatens achievements of the cellent agreements, as negotiated be- ended for the remaining Department of common goal of all three nations—pro- tween the U.S. and the FSM, and be- Education and Department of Labor moting economic growth. Con- tween the U.S. and the RMI, and we formula-grant programs, and for the sequently, FEMA’s presence in the is- have improved them so that they will Head Start program. In their place, an lands has been shown to be an essential serve as a solid foundation for future authorization is provided to fund two component of the assistance provided relations. I want to thank the chair- discretionary supplemental education under the compact. man of the committee, Senator DOMEN- grants: $12,230,000 for the FSM, and Mr. BINGAMAN. Would my colleague ICI, for his leadership on this legisla- $6,100,000 for the RMI. Once appro- yield for a brief point? tion and for his commitment to con- priated, these supplemental education Mr. DOMENICI. Yes. tinuing the bipartisan approach that grants would be disbursed, used, and has characterized the committee’s monitored in accordance with an agree- Mr. BINGAMAN. As transmitted by work on insular affairs. Finally, I wish ment between the Secretary of Edu- the administration, the joint resolu- to recognize the work of Al Stayman cation and the Secretary of the Inte- tion approving the amended compacts and Kellie Donnelly of the Energy rior, and in accordance with the com- would have eliminated FEMA and re- Committee staff for their dedication pact’s fiscal procedures agreements placed it with the U.S. AID’s Office of and hard work in guiding this legisla- with the FSM and RMI, respectively. Foreign Disaster Assistance, OFDA. tion through the process. This approach resolves the disagree- However, during consideration of this In 1986, the United States fulfilled its ment with the HELP committees while joint resolution by the Senate Com- obligations under the Trusteeship and best assuring that the FSM and RMI mittee on Energy and Natural Re- established a successful partnership will continue to have the resources sources, the Committee recommended under the Compact of Free Association needed to meet their education needs. reinstatement of FEMA’s availability. to advance the interests of the United Mr. BINGAMAN. I agree. These Mr. DOMENICI. That is correct. In States, the FSM, and RMI in mutual grants, if funded, would continue the the final days before approval of the security, and to economic develop- level of assistance which the adminis- compacts, FEMA has transmitted a re- ment. Today, I urge my colleagues to tration and the island representatives vised proposal regarding disaster as- support passage of H.J. Res. 63 and to assumed would be available to meet sistance that would involve both affirm our Nation’s commitment to the education goals which they jointly FEMA and OFDA. This new proposal, mutual security, economic develop- established in the new compacts. coming at such a late stage in the proc- ment and to the continuing special re- Mr. DOMENICI. I would like to ask ess, has not been shared with the FSM lationship with the islands, and the the chairman and ranking member of and RMI. Indeed, it is my under- people, of the Federated States of Mi- the Appropriations Subcommittee on standing that there are a number of cronesia and the Republic of the Mar- Labor, Health and Human Services, questions about how the new proposal shall Islands. and Education, whether they support would work. Nevertheless, the concept Mr. DOMENICI. Mr. President, I this approach and whether they will appears sound and staff from the com- would like to take this opportunity to fund these alternate grants? mittee have worked with our col- engage in a colloquy with Senator Mr. SPECTER. Yes. I support this ap- leagues on the Environment and Public SPECTER, Senator BINGAMAN, and Sen- proach proposed by my colleagues from Works Committee to craft a com- ator HARKIN regarding the education the Energy Committee and assure promise. provisions of H.J. Res. 63, to approve them that, given a sufficient alloca- Mr. INHOFE. That is correct. Our and extend the Compacts of Free Asso- tion, I will support funding for edu- staffs have been working for the past ciation between the U.S. and the Fed- cation in the FSM and RMI through few months on this issue. The com- erated States of Micronesia, FSM, and the new supplemental education grants promise we have reached would con- the U.S. and the Republic of the Mar- authorized in their amendment to H.J. tinue the FEMA program in the islands shall Islands, RMI. Res. 63. for the next 5 years, as recommended Mr. BINGAMAN. Of course. Mr. HARKIN. I concur in this ap- by the Energy Committee. In addition, Mr. DOMENICI. U.S. assistance proach and also assure my colleagues under the current compact is made the Secretary of State would be di- of my support for continued funding for rected to immediately undertake nego- available as both financial and pro- education in the FSM and RMI under gram assistance. In the case of edu- tiations, in consultation with FEMA, this new authorization. with the governments of the FSM and cation, several U.S. domestic programs Mr. DOMENICI. I thank my col- have been extended to the FSM and RMI regarding disaster assistance. Fi- leagues for their support. nally, if an agreement is not concluded RMI since the compact was first ap- Mr. DOMENICI. Mr. President, I and legislation is not enacted which re- proved in 1986. In July, the administra- would like to take this opportunity to flects the new agreement within 5 tion testified on this legislation and engage in a colloquy with Senator years, then the administration’s re- stated that ‘‘funding in the compact INHOFE, Senator BINGAMAN, and Sen- vised disaster assistance proposal was not structured to replace expiring ator JEFFORDS regarding the disaster would go into effect. Federal programs, or take the place of assistance provisions of H.J. Res. 63 to any program that is eliminated now, or approve and extend the Compacts of Mr. JEFFORDS. That is correct. The could be eliminated in the future.’’ In Free Association between the U.S. and compromise also directs the adminis- other words, continuation of the cur- the Federated States of Micronesia, tration to report to Congress by June rent program assistance was assumed. FSM, and the U.S. and the Republic of 30, 2004, on the outcome of such nego- However, the House and Senate HELP the Marshall Islands, RMI. tiations. committees have raised objections to Mr. BINGAMAN. Certainly. Mr. BINGAMAN. Yes. We hope and this approach. Because these programs Mr. DOMENICI. Under the current expect that an agreement will be con- account for about 40 percent of the compact, the disaster assistance pro- cluded and transmitted by next June 30 FSM and RMI education budgets, the grams of the Federal Emergency Man- and do not believe it should take the success of the compacts depends upon agement Agency, FEMA, have been full 5 years.

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00143 Fmt 0624 Sfmt 0634 E:\CR\FM\A06NO6.164 S06PT1 S14226 CONGRESSIONAL RECORD — SENATE November 6, 2003 Mr. DOMENICI. That is right. The Marshall Islands entered into the Compact of journ until 9:30 a.m., Friday, November Committees expect that FEMA, the ad- Free Association set forth in title II of Pub- 7; I further ask that following the pray- ministration, and the island govern- lic Law 99–239, January 14, 1986, 99 Stat. 1770, er and pledge, the morning hour be ments will engage in such negotiations to create and maintain a close and mutually deemed expired, the Journal of pro- beneficial relationship; expeditiously and in good faith. De- Whereas the United States, in accordance ceedings be approved to date, the time pending on the progress made by June with section 231 of the Compact of Free Asso- for the two leaders be reserved for their 30, 2004, the Energy and Natural Re- ciation entered into negotiations with the use later in the day, and the Senate sources Committee may hold an over- Governments of the Federated States of Mi- then resume consideration of S. 150, sight hearing on the matter. cronesia and the Republic of the Marshall Is- the Internet tax moratorium bill. Mr. INHOFE. I agree with this ap- lands to provide continued United States as- The PRESIDING OFFICER. Without proach. sistance and to reaffirm its commitment to objection, it is so ordered. Mr. JEFFORDS. As do I. this close and beneficial relationship; and Mr. DOMENICI. I thank my col- Whereas these negotiations, in accordance f leagues for their support and for their with section 431 of the Compact, resulted in cooperation in reaching this agree- the ‘‘Compact of Free Association, as amend- PROGRAM ed between the Government of the United Mr. MCCAIN. For the information of ment. States of America and the Government of Mr. MCCAIN. Mr. President, I ask the Federated States of Micronesia’’, and the all Senators, tomorrow the Senate will unanimous consent that the substitute ‘‘Compact of Free Association, as amended resume debate on S. 150, the Internet amendment which is at the desk be between the Government of the United tax moratorium bill. It is anticipated agreed to, the joint resolution, as States of America and the Government of that the first amendment to the bill amended, be read the third time and the Republic of the Marshall Islands’’, which, will be offered early tomorrow morn- passed, the amendment to the pre- together with their related agreements, were ing. It is the intention of the managers amble which is at the desk be agreed signed by the Government of the United to work through as many amendments to, the preamble, as amended, be States and the Governments of the Fed- as possible tomorrow. Therefore, Sen- erated States of Micronesia and the Republic agreed to, the amendment to the title of the Marshall Islands on May 14, and April ators should make themselves avail- which is at the desk be agreed to, the 30, 2003, respectively: Now, therefore, be it able for rollcall votes throughout the motions to reconsider be laid upon the The amendment (No. 2139) was agreed morning and into the afternoon. table en bloc, and that any statements to, as follows: related to the resolution be printed in f AMENDMENT NO. 2139 the RECORD. Amend the title so as to read: ‘‘A joint res- ADJOURNMENT UNTIL 9:30 A.M. The PRESIDING OFFICER. Without TOMORROW objection, it is so ordered. olution to approve the Compact of Free As- The amendment (No. 2137) was agreed sociation, as amended, between the Govern- Mr. MCCAIN. Mr. President, if there to. ment of the United States of America and is no further business to come before (The amendment is printed in today’s the Government of the Federated States of the Senate, I ask unanimous consent Micronesia, and the Compact of Free Asso- RECORD under ‘‘Text of Amendments.’’) ciation, as amended, between the Govern- that the Senate stand in adjournment The amendment (No. 2138) was agreed ment of the United States of America and under the previous order. to, as follows: the Government of the Republic of the Mar- There being no objection, the Senate, AMENDMENT NO. 2138 shall Islands, and to appropriate funds to at 9:58 p.m., adjourned until Friday, Strike the preamble and insert the fol- carry out the amended Compacts.’’. November 7, 2003, at 9:30 a.m. lowing: The resolution (H.J. Res. 63), as f Whereas the United States (in accordance amended, was read for the 3rd time and with the Trusteeship Agreement for the Trust Territory of the Pacific Islands, the passed. NOMINATIONS United Nations Charter, and the objectives The preamble, as amended, was Executive nominations received by of the international trusteeship system of agreed to. the Senate November 6, 2003: the United Nations) fulfilled its obligations The title, as amended, was agreed to. DEPARTMENT OF DEFENSE to promote the development of the people of f the Trust Territory toward self-government FRANCIS J. HARVEY, OF CALIFORNIA, TO BE AN AS- SISTANT SECRETARY OF DEFENSE, VICE JOHN P. or independence as appropriate to the par- ORDERS FOR FRIDAY, NOVEMBER STENBIT. ticular circumstances of the Trust Territory 7, 2003 THE JUDICIARY and its peoples and the freely expressed wish- es of the peoples concerned; Mr. MCCAIN. Mr. President, I ask LAWRENCE F. STENGEL, OF PENNSYLVANIA, TO BE unanimous consent that when the Sen- UNITED STATES DISTRICT JUDGE FOR THE EASTERN Whereas the United States, the Federated DISTRICT OF PENNSYLVANIA, VICE RONALD L. States of Micronesia, and the Republic of the ate completes its business today, it ad- BUCKWALTER, RETIRING.

VerDate jul 14 2003 05:41 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00144 Fmt 0624 Sfmt 9801 E:\CR\FM\A06NO6.166 S06PT1 November 6, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E2249 EXTENSIONS OF REMARKS

CONGRATULATING CINCINNATI enterprises that have successfully entered the lina Democratic Women’s Council, National LEGEND, JOE NUXHALL international marketplace for the first time or Council of Negro Women and the Palmetto that have successfully entered a new market. Black Caucus. She also generously volun- HON. JOHN A. BOEHNER As our economy continues to become more teered for my 1992 campaign for the seat I OF OHIO global, it is important for industries of all types now hold in this august body, U.S. House of IN THE HOUSE OF REPRESENTATIVES to develop relationships and ties in the inter- Representatives, and I am grateful to her for Thursday, November 6, 2003 national community. As the West Virginia the time and effort she expended. economy diversifies, Viking Pools has taken Ms. Foxworth earned a degree in Elemen- Mr. BOEHNER. Mr. Speaker, I rise today to major steps forward to promote the Mountain tary Education from Benedict College in Co- congratulate and thank a great resident of the State and all it has to offer to the world econ- lumbia, South Carolina, and subsequently Buckeye State, Joe Nuxhall. omy. earned a Master’s degree in Special Edu- To fans of the Cincinnati Reds baseball By making strides to expand opportunities, cation from North Central University in Dur- franchise, Joe Nuxhall is—quite simply—an Viking Pools has in turn brought benefits to ham, North Carolina. She is a member of the icon. To his family, he is a terrific husband, fa- the State that will be felt far beyond the busi- NAACP and is actively involved in her ther, and grandfather. And to his neighbors in ness itself. I applaud Viking Pools for its ef- church’s activities. the Cincinnati area, Joe is a true community forts and look forward to seeing continued Mr. Speaker, I ask you and my colleagues leader. success. to join me today in honoring Ms. Florence G. Born, raised, and still residing in southwest Mr. Speaker, I urge my colleagues to join Foxworth for her many years of service to Ohio, Joe is nothing short of a Cincinnati me in recognition of Viking Pools, and I offer South Carolina. She is an invaluable asset to sports legend. As a lifelong Reds fan myself, them as an example to small and medium Mullins High School and one of the finest I place Joe’s name among those of other all- sized enterprises everywhere. mentors our State has to offer. I am proud of time Cincinnati baseball greats like Pete Rose, f her many achievements and look forward to Johnny Bench, Tony Perez, and Frank Robin- her many future ventures. I wish her good luck son. From the moment Joe stepped onto the TRIBUTE TO FLORENCE and Godspeed. pitcher’s mound at the history-making age of FOXWORTH 15 to his current work beside Marty f Brennaman in the Reds’ radio booth, ‘‘The Old HON. JAMES E. CLYBURN RECOGNITION OF NATIONAL Left Hander’’ is as synonymous with Reds ASSOCIATION OF BROADCASTERS OF SOUTH CAROLINA baseball as anyone in the organization’s long IN THE HOUSE OF REPRESENTATIVES and storied history. And this summer at the HON. JOHN SHIMKUS Reds’ new Great American Ballpark, the team Thursday, November 6, 2003 OF ILLINOIS erected an impressive statue of Joe to prove Mr. CLYBURN. Mr. Speaker, today I rise to IN THE HOUSE OF REPRESENTATIVES it. pay tribute to Florence G. Foxworth of Marion, Next week, the community foundation in South Carolina, for her contributions to our Thursday, November 6, 2003 Joe’s hometown of Fairfield, Ohio will honor State as a public school teacher for more than Mr. SHIMKUS. Mr. Speaker, I rise today to him at a reception being billed as ‘‘All-Amer- five decades, her numerous civic and commu- commend an initiative recently launched by ican Evening Honoring an All-American.’’ Cer- nity activities and her particular dedication to the National Association of Broadcasters and tainly, those attending the event will celebrate fulfilling special education needs of challenged its local radio and television station members. with Joe his unique accomplishments on the public school students. With over 140,000 military personnel sta- baseball diamond. But just as importantly, do- Ms. Foxworth has been teaching in public tioned in Afghanistan, Iraq and around the nations will be collected at the event to benefit schools since 1951 and has earned the world, the resources to take care of our troops the Joe Nuxhall Character Education Fund, an Teacher of the Year Award at Mullins High and their families is strained. As a former sol- organization that highlights Joe’s role as a School. Earlier this year she was named Mar- dier, I have seen firsthand how difficult it can leader off the baseball diamond as well. ion County NAACP’s Woman of the Year, and be for military families coping financially—and Mr. Speaker, for more than five decades, was named second runner up for the South emotionally—with extended deployment. Joe has served and represented Cincinnati as Carolina NAACP’s Woman of the Year Award. Of course, the military is dedicated to taking well as anyone in the community possibly can. She is also a Golden Apple Award recipient care of its own. But, as the war on terror con- The only fitting way to end my remarks is to for her work with special needs children. tinues and needs escalate, the military cannot applaud his continued service to the Reds and In addition to inspiring thousands of stu- do it alone. to Cincinnati—and to borrow his trademark dents of all races, backgrounds, and beliefs to To respond to this growing need, the four phrase of ‘‘rounding third and heading for exceed and enhance the quality of life for all Military Aid Societies representing the Army, home.’’ in our society, Ms. Foxworth also recognizes Navy, Marine Corps, and Air Force have I congratulate Joe and wish him and his that children with special needs not only ac- joined together to create a single umbrella or- family a wonderful evening next Tuesday in cords us some of our greatest educational ganization: the Armed Forces Relief Trust. Fairfield. challenges, but also some of our most reward- In support of this new relief organization, f ing experiences. As a former public school local commercial radio and television stations TRIBUTE TO VIKING POOLS OF teacher, I appreciate her perseverance in in- are airing radio and television Public Service JANE LEW, WEST VIRGINIA suring that every student leaves the classroom Announcements, asking viewers and listeners at the end of the day with a positive self- to contribute to the Trust. HON. SHELLEY MOORE CAPITO image, a commitment to always putting forth The over-the-air broadcast medium con- the best effort possible and a broader level of tinues to be the most effective way to rapidly OF WEST VIRGINIA intelligence. disseminate information to the public. Last IN THE HOUSE OF REPRESENTATIVES Ms. Foxworth’s commitment to serving oth- year, the four military emergency assistance Thursday, November 6, 2003 ers extends well beyond the classroom. She programs disbursed more than $109 million in Mr. CAPITO. Mr. Speaker, I rise today in volunteers with the ALS Association, serves interest-free loans and grants to more than honor of Viking Pools of Jane Lew, awarded on the Board of Disabilities and Special 145,000 individuals and families in need. a 2003 Export Achievement Certificate in rec- Needs, and reads for nursing home patients. With the help of America’s local radio and ognition of an increased focus on exporting. Her political contributions include volunteering television stations, I am convinced that the The Export Achievement Certificate was as a voter registration volunteer for Marion Trust will be able to assist even more military created to recognize small and medium-sized County and as a member of the South Caro- families.

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

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS E2250 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2003 Local broadcast stations have a long history His tenure in Charleston was followed by TRIBUTE TO MR. BARRY D. LUTSY of being a part of America’s security. Home- service as Assistant Superintendent for In- land Security Secretary Tom Ridge recently struction for the Pickens County Schools. In HON. SHELLEY MOORE CAPITO encouraged Americans to keep around bat- 1970 he was named Superintendent of Marion OF WEST VIRGINIA tery-powered radios and televisions as prepa- School District One where he served until IN THE HOUSE OF REPRESENTATIVES ration for a terrorist attack. 1988 when he retired. It was during this time Thursday, November 6, 2003 Broadcasters’ support of the Armed Forces that Mr. Hart reentered my public life when he Relief Trust is yet another example of local invited me in 1971 to address his Rotary Mrs. CAPITO. Mr. Speaker, I rise today in radio and television stations doing their patri- Club’s weekly lunch. At that time this simple honor of Mr. Barry D. Lutsy, a West Virginia otic duty. Mr. Speaker, the men and women of act was groundbreaking. firefighter who was killed in the line of duty on our Armed Forces rely upon the Armed Forces August 13, 2003. Mr. Hart’s work as a consultant to the State Relief Trust . . . and the A-F-R-T is relying Barry Lutsy was a proud member of the as a member of advisory committees on cur- upon local broadcasters to get the message Racine Volunteer Fire Department in Boone riculum, educational television and secondary out. I commend the local radio and television County, West Virginia for 15 years. Firefighter schools has been integral to promoting inno- stations that have partnered on this important Lutsy served with pride and dedication in his vative new approaches to teaching. He served program and thank them for their work. many roles over time. His dedication to the on an evaluating committee for the Southern f Department and to the community were com- Association of Schools and Colleges and on mendable and worthy of great respect. TRIBUTE TO HK CASTING OF an executive committee of the South Carolina Firefighter Lutsy once described his commit- WESTON, WEST VIRGINIA Superintendents Association. He is also the ment to firefighting by saying, ‘‘I’ve always past president of the Atlantic AA Conference tried to help others that needed help, to ad- HON. SHELLEY MOORE CAPITO of the High School League. minister first aid or try to save things precious OF WEST VIRGINIA But Mr. Hart’s instructions reach far beyond to them . . . I was very proud of the depart- IN THE HOUSE OF REPRESENTATIVES being a role model for public school students. ment of the firefighters in which I trusted and They are just as evident in his personal life. depended upon when we were fighting a fire.’’ Thursday, November 6, 2003 He has performed extensive stewardship du- These words illustrate the spirit and dedication Mrs. CAPITO. Mr. Speaker, I rise today in ties, including teaching adult Sunday school with which Firefighter Lutsy served the citizens honor of HK Casting of Weston, West Virginia classes at his church, First United Methodist of West Virginia. for being awarded a 2003 Export Achievement Church of Marion, South Carolina. He remains Firefighter Lutsy led an honorable life in Certificate in recognition of an increased focus an active member of his Rotary Club and is a which he made the ultimate sacrifice to ensure on exporting. past president of the Marion Chamber of Com- the safety of others. All West Virginians and The Export Achievement Certificate was merce. all Americans owe him a debt of gratitude, and created to recognize small and medium-sized we pledge to honor and respect his life and Mr. Hart earned both a Bachelor’s and a enterprises that have successfully entered the service always. international marketplace for the first time or Master’s degree from Clemson University. He He leaves behind his wife, Debra, and two that have successfully entered a new market. has also studied in post-master’s work at both sons, Jeremy and Justin. While the death of As our economy continues to become more the University of South Carolina and Columbia Barry D. Lutsy leaves a void for his family, global, it is important for industries of all types University. In addition, he served in the United friends and all whom he served through the to develop relationships and ties in the inter- States Naval Reserve from 1944 to 1946. He Racine Volunteer Fire Department, those who national community. As the West Virginia and his late wife, the former Betty Stevens of knew him well are comforted by recalling his economy diversifies, HK Casting has taken Cross Keys, South Carolina, are the parents many accomplishments during his lifetime of major steps forward to promote the Mountain of three daughters and two sons. 45 years. State and all it has to offer to the world econ- Mr. Speaker, I ask you and my colleagues Mr. Speaker, I urge my colleagues to join omy. to join me today in honoring a long time friend me in recognition of the life of Firefighter Barry By making strides to expand opportunities, and mentor, Frank M. Hart for his contribu- D. Lutsy. HK Casting has in turn brought benefits to the tions to South Carolina and especially Marion f state that will be felt far beyond the business County. His career in education has been pro- itself. I applaud HK Casting for its efforts and found, and his personal life has paralleled the MOTION TO INSTRUCT CONFEREES ON H.R. 1, MEDICARE PRESCRIP- look forward to seeing continued success. kind of work he dedicated himself to in the TION DRUG AND MODERNIZA- Mr. Speaker, I urge my colleagues to join classroom. I am personally grateful to him and TION ACT OF 2003 me in recognition of HK Casting, and I offer wish him Godspeed and the best of luck in the them as an example to small and medium future. SPEECH OF sized enterprises everywhere. f f HON. GENE GREEN OF TEXAS TRIBUTE TO FRANK M. HART RECOGNITION OF PRINCESS IN THE HOUSE OF REPRESENTATIVES FRANCIS HOPPER HON. JAMES E. CLYBURN Wednesday, November 5, 2003 OF SOUTH CAROLINA Mr. GREEN of Texas. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES HON. JOHN SHIMKUS today in support of the motion to instruct made by my good friend and Energy and Commerce Thursday, November 6, 2003 OF ILLINOIS Committee colleague, Congresswoman Mr. CLYBURN. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES CAPPS, which would instruct conferees to drop pay tribute to Frank M. Hart for his longtime privatization provisions and direct the savings commitment and outstanding service to the Thursday, November 6, 2003 to make sure physicians are paid adequately. educational advancement of South Carolinians One of the most controversial provisions both as a teacher and community leader. Mr. SHIMKUS. Mr. Speaker, knowing that being debated in the Medicare prescription Mr. Hart began his career teaching in the November is native American Indian Month I drug conference is one that would require Landrum and Woodruff public schools. He rise today to recognize my constituent, Prin- Medicare to open to competition from the pri- later served as a principal of Chapman, Rivers cess Frances Hopper, of Fairfield, Illinois, for vate sector in 2010. This provision builds on and Pickens high schools. He went on to her continuous work in fighting for the rights previous proposals to incorporate private plans serve as Director of Instruction for Charleston and recognition of Native American Indians. into the Medicare program, such as the Medi- School District 20, where he coordinated the Recently, due to Ms. Hopper’s advocacy, care + Choice plan that was created in 1997. Title I and Title II programs. That is where I Governor Rod Blagojevich proclaimed Sep- Now they always say that those who do not first met Mr. Hart when I was a History Teach- tember 26, 2003 as Indian Day in Illinois. I learn from their mistakes are bound to repeat er in the Charleston County Public Schools. want to congratulate and thank Ms. Hopper for them. Unfortunately, if conferees move for- We developed a friendship which continues all she has done and will continue to do for ward on this path, they will most certainly re- today. the people in her community. peat the mistakes of the past.

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E2251 First, let us not forget that the Medicare pro- national community. As the West Virginia and family are holding a memorial service at gram was first created because the private in- economy diversifies, The Library Corporation 11 a.m. dustry couldn’t provide meaningful affordable has taken major steps forward to promote the f health insurance to our Nation’s seniors. Even Mountain State and all it has to offer to the more recent attempts to use private plans world economy. CELEBRATING THE 13TH ANNIVER- have failed. Between 1999 and 2003, By making strides to expand opportunities, SARY OF THE HENRY S. REICH 2,400,000 beneficiaries lost Medicare+Choice The Library Corporation has in turn brought BUILDING OF THE JEWISH COM- coverage, as health plans scaled back or benefits to the state that will be felt far beyond MUNITY CENTER OF NORTHERN ended their participation in the program. the business itself. I applaud The Library Cor- VIRGINIA For seniors who rely on continuity of cov- poration for its efforts and look forward to see- erage, changing plans and doctors every year ing continued success. HON. TOM DAVIS is really not an option. And in many areas of Mr. Speaker, I urge my colleagues to join OF VIRGINIA the country, especially the more rural areas, me in recognition of The Library Corporation, IN THE HOUSE OF REPRESENTATIVES HMOs have been pulling out and many sen- and I offer them as an example to small- and Thursday, November 6, 2003 iors do not have an HMO option. And claims medium-sized enterprises everywhere. Mr. TOM DAVIS of Virginia. Mr. Speaker, I that this will really save any money are decep- f would like to commemorate the 13th anniver- tive at best. According to CBO, this whole pro- sary of the Henry S. Reich Building of the gram is expected to save at best TRIBUTE TO FORMER CONGRESSMAN CHARLIE BENNETT Jewish Community Center of Northern Vir- $1,600,000,000 over the next 10 years—less ginia, JCCNV. than one-half of one-tenth of one percent of The JCCNV, located in Fairfax, Virginia, is a Medicare spending over that period. HON. CORRINE BROWN social service organization dedicated to en- It does not add one year to the solvency of OF FLORIDA riching lives through spiritual and cultural Jew- the Medicare Trust Fund. So why this grant IN THE HOUSE OF REPRESENTATIVES ish programs. The center is open to all, yet experiment? What’s to gain by moving Medi- Thursday, November 6, 2003 aims specifically to meet the needs of the care from the traditional government run pro- local Jewish community by preserving and gram that has worked so well for the better Ms. CORRINE BROWN of Florida. Mr. promoting the heritage and values of Judaism. part of the past four decades? Speaker, as the Member who currently rep- In 1977, an impressive 5,000-person turnout I would say nothing. There is nothing to gain resents Florida’s third congressional district, I at the First Hanukah Happening revealed both by this provision. But there is plenty to lose. am proud to serve the area represented by my a need and support for a Jewish Community For the seniors who rely on this program to honorable predecessor, Charlie Bennett. He Center in Northern Virginia. The following get the health care services they need, they was truly a role model for anyone interested in March of 1978, the JCCNV first opened on could lose everything. Economic security, public service. Regarded as among the most Dorr Avenue with Adele Greenspon as Execu- quality of life, their health, and even their lives. remarkable national leaders, his service to our tive Director, a part-time Program Coordinator, All of this for an ideological effort to dismantle Nation and its citizens remains memorable to and a part-time secretary. the program by the very opponents who for this day. In 1980, the newly established JCCNV years have want the program to ‘‘wither on the Congressman Charlie Bennett was a great Board Of Directors voted to purchase the vine.’’ American who earned utmost respect in Con- Commonwealth Christian School on Little This is unacceptable Mr. Speaker. I urge my gress. We can’t even begin to thank him for River Turnpike to house the Center until a per- colleagues to reject privatization efforts, sup- what he did for us in this area and for the mili- manent facility could be built. Several years port the Capps Motion to Instruct, and stand tary. To me, Charlie Bennett is the one most later in 1986, Jeffrey Karatz was appointed the up for our Nation’s seniors. responsible for making Jacksonville the mili- second Executive Director of the JCCNV. tary powerhouse it is today. And on a national f Then in the spring of 1989, construction began level, Congressman Bennett, who served as for the Henry S. Reich building we are cele- PERSONAL EXPLANATION the 2nd Ranking Democrat on the House brating today. Armed Services Committee, is owed a great Upon completion in 1990, Governor Douglas HON. EARL POMEROY deal of gratitude for making the U.S. military Wilder dedicated the Henry S. Reich building. OF NORTH DAKOTA the fine institution it is today. This building since has provided a home for A role model not only as a politician, but IN THE HOUSE OF REPRESENTATIVES cultural, educational, recreational, and social also for those with physical disabilities, his list programming for all ages, faiths, and nationali- Thursday, November 6, 2003 of accomplishments in his remarkable 44 ties. More than 150,000 visit the Center each Mr. POMEROY. Mr. Speaker, on November years in Congress is seemingly endless. Even year, making the JCCNV a key part of the 4, 2003, I missed rollcall votes no. 602 and though he was stricken with polio and walked ever-growing Northern Virginia community. 603 due to a funeral. Had I been present, I with crutches, the longest serving congress- There is a myriad of programming available would have voted ‘‘aye’’ on these votes. man from Florida remarkably never missed a at the Center including: early childhood, ele- f vote. Perhaps the most noteworthy advocate mentary, teen, adult, new immigrant, and sen- for ethical reforms in Congress, he sponsored ior programs; camping programs; sports, fit- TRIBUTE TO LIBRARY CORPORA- legislation that created the House Ethics Com- ness, and aquatics programs; art exhibits; and TION OF INWOOD, WEST VIR- mittee, and served as its first chairman. a JCCNV International Film Festival. The GINIA Among the most noteworthy of his suc- Henry S. Reich building also houses Gesher, cesses includes providing a hostile fire/immi- the only Jewish Day School in Northern Vir- HON. SHELLEY MOORE CAPITO nent danger pay to our Nation’s soldiers dur- ginia; The Center Company, the only Jewish OF WEST VIRGINIA ing combat, and making ‘‘In God We Trust’’ professional theatre company in Northern Vir- IN THE HOUSE OF REPRESENTATIVES the U.S. motto. He also was instrumental in ginia; and an office of the Jewish Federation creating a strict code of ethics for government Thursday, November 6, 2003 of Greater Washington. service, for co-sponsoring the Americans With In addition, the JCCNV has a history of co- Mrs. CAPITO. Mr. Speaker, I rise today in Disabilities Act, for creating the Caroline Na- operative ventures with synagogues, local and honor of The Library Corporation of Inwood, tional Memorial, and the Timucuan Preserve. national Jewish organizations, and Fairfax West Virginia for being awarded a 2003 Ex- In addition to his extensive knowledge of poli- County schools and hospitals. The over- port Achievement Certificate in recognition of tics on a national level, he was also an expert whelming JCCNV popularity motivated the an increased focus on exporting. in Florida history, and wrote several books on Center to establish satellite programming in The Export Achievement Certificate was the subject. the western suburbs of Reston, Herndon and created to recognize small and medium-sized Charlie Bennett will be missed for his serv- Springfield. enterprises that have successfully entered the ice to his fellow man, his friendship and his All things considered, from modest begin- international marketplace for the first time or statesmanship. He was truly the best of the nings in 1977, the JCCNV has experienced that have successfully entered a new market. best. great success. Its founders envisioned a cen- As our economy continues to become more Members who wish to express their respect ter of culture, spirituality, learning, exercise, global, it is important for industries of all types for Congressman Bennett may do so today at and entertainment; the Henry S. Reich build- to develop relationships and ties in the inter- Arlington National Cemetery where his friends ing has helped make this vision a reality.

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS E2252 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2003 Through commendable drive and dedication, our support. America has a special debt to her Fire Department in 1974, and still serves as the JCCNV certainly has made a lasting im- veterans, and we have a sacred responsibility an active member today. He also donated his pact on the Jewish and greater community of to fulfill the promises made to them. garage building to the East Gary Fire Depart- Northern Virginia. My prayers are with these brave men and ment Battalion for 15 months. Mr. Speaker, in closing, I would like to con- women and I wish them success and a safe Wally has selflessly contributed to North- gratulate the Jewish Community Center of and quick return home. As so many before west Indiana in many ways including serving Northern Virginia on 13 years of success in them, they are answering the call to defend as a Democratic Precinct Committeeman for a the Henry S. Reich building. I call upon my liberty. It is especially a fitting tribute and ex- total of 13 years, as well as directing and colleagues to join me in applauding their ef- pression of gratitude that we acknowledge one sponsoring the building of a new sidewalk in forts to uphold Jewish tradition and serve their of America’s true heroes, Sgt. Justin Wrisley front of Evans School in Lake Station. He also community. Garvey of the 101st Airborne, by naming a worked with various Lake County Councilmen f bridge in Lewis, New York in honor of his to pave many local streets, to widen 35th Ave- service and sacrifice. nue, and he has participated in many local TRIBUTE TO SPRING CREEK Justin was a man that touched the lives of NATURAL FOODS projects in Lake Station as a volunteer. He those who were blessed to know him. I be- joined the East Gary Chamber of Commerce lieve that no other statement describing Justin and served as Director, Vice President, and HON. SHELLEY MOORE CAPITO can match that given by his fellow soldier, Sgt. President during his tenure with the organiza- OF WEST VIRGINIA Douglas Norman. tion. IN THE HOUSE OF REPRESENTATIVES It was the greatest honor to have been able Although Wally has served on numerous Thursday, November 6, 2003 to call Justin my friend. He was a man who had no enemies. His personality attracted committees and has donated his time through- Mrs. CAPITO. Mr. Speaker, I rise today in anyone who came around him. I thank God out his entire life to his Northwest Indiana honor of Spring Creek Natural Foods of Spen- for giving me the opportunity to work with Community, he has never neglected to provide cer, West Virginia for being awarded a 2003 him and to be his friend. Though he was only support and love for his family. Wally and his Export Achievement Certificate in recognition a man, he is everything I want to be as a wife Betty Lou, have four children, six grand- of an increased focus on exporting. man. Everyone, who ever met Justin, is bet- children, and three great-grandchildren. The Export Achievement Certificate was ter for it. It was an honor to have served Mr. Speaker, Wally Riley has given his time created to recognize small and medium-sized with him up to the end, that night. He taught me what a true hero is. and efforts selflessly to his community and enterprises that have successfully entered the has provided leadership and dedication to all international marketplace for the first time or What is also quite a statement is that Sgt. of Northwest Indiana. I respectfully ask that that have successfully entered a new market. Norman, who survived the attack that took the you and my other distinguished colleagues As our economy continues to become more lives of Sgt. Justin Garvey and Sgt. Jason Jor- join me in honoring and congratulating Mr. global, it is important for industries of all types dan, is going to re-enlist in honor of his fellow Wallace Riley on his outstanding accomplish- to develop relationships and ties in the inter- soldiers. ments throughout his life. His career of service national community. As the West Virginia Mr. Speaker, our country operates under to his community is worthy of the highest com- economy diversifies, Spring Creek Natural principles of freedom, the ability to pursue life, mendation. Foods has taken major steps forward to pro- liberty and happiness. Our men and women in mote the Mountain State and all it has to offer uniform serve a tremendous cause. They fight to the world economy. with hope against terror and freedom against f By making strides to expand opportunities, oppression. Our enemies will never know free- dom, because they are imprisoned by hate; TRIBUTE TO PREISER SCIENTIFIC Spring Creek Natural Foods has in turn OF ST. ALBANS, WEST VIRGINIA brought benefits to the state that will be felt far and for that they have already lost. beyond the business itself. I applaud Spring As we cherish our rights—we should also Creek Natural Foods for its efforts and look cherish their provider—the American veteran. HON. SHELLEY MOORE CAPITO forward to seeing continued success. Thank you and God bless. Mr. Speaker, I urge my colleagues to join f OF WEST VIRGINIA me in recognition of Spring Creek Natural CONGRATULATING WALLACE IN THE HOUSE OF REPRESENTATIVES Foods, and I offer them as an example to RILEY small and medium sized enterprises every- Thursday, November 6, 2003 where. HON. PETER J. VISCLOSKY Mrs. CAPITO. Mr. Speaker, I rise today in f honor of Preiser Scientific of St. Albans, West OF INDIANA Virginia for being awarded a 2003 Export IN HONOR OF SGT JUSTIN W. GAR- IN THE HOUSE OF REPRESENTATIVES VEY AND AMERICA’S VETERANS Achievement Certificate in recognition of an in- Thursday, November 6, 2003 creased focus on exporting. HON. CLIFF STEARNS Mr. VISCLOSKY. Mr. Speaker, it is with The Export Achievement Certificate was great pleasure that I congratulate and honor OF FLORIDA created to recognize small and medium-sized one of Northwest Indiana’s most caring and IN THE HOUSE OF REPRESENTATIVES enterprises that have successfully entered the dedicated citizens, Mr. Wallace Riley. Wally international marketplace for the first time or Thursday, November 6, 2003 has served on the Lake Station City Council that have successfully entered a new market. Mr. STEARNS. Mr. Speaker, twice a year for 24 years and his many contributions to As our economy continues to become more we set aside a day to honor our military—Me- Northwest Indiana will be recognized on No- global, it is important for industries of all types morial Day to honor those who made the ulti- vember 30, 2003, during a celebratory event to develop relationships and ties in the inter- mate sacrifice—and, Veterans Day to honor all at the Lake Station Veterans of Foreign Wars national community. As the West Virginia who wore the American uniform. Facility. economy diversifies, Preiser Scientific has Wally began contributing to his community All across America, in the largest cities, the taken major steps forward to promote the at a young age. In 1947, not long after grad- smallest towns, and the most isolated hamlets, Mountain State and all it has to offer to the uating from Hobart High School in 1944 and we mark this occasion with speeches and pa- world economy. rades. We pay respect to the guardians of our working at his mother’s grocery store, he liberties, for as Americans, we are the bene- began building the Liverpool Paint and Hard- By making strides to expand opportunities, ficiaries of their efforts. ware building. Within a year and a half he Preiser Scientific has in turn brought benefits Our military men and women are currently opened the building for business with his wife, to the state that will be felt far beyond the engaged in combat—a fight to defend the light Betty Lou Ele and ran the company for 43 business itself. I applaud Preiser Scientific for of freedom and progress against the darkness years. Wally also served in Civil Defense for its efforts and look forward to seeing contin- of oppression and intolerance. The enemy we two years, and then was named Civic Defense ued success. face is ruthless, a force that strikes at innocent Director for another two years. In 1948, he Mr. Speaker, I urge my colleagues to join men, women, and children. joined the Liverpool Volunteer Fire Department me in recognition of Preiser Scientific, and I As the guardians of our freedoms, these as a director, and was then made an honorary offer them as an example to small and me- men and women are owed our respect and fireman of the East Gary (now Lake Station) dium sized enterprises everywhere.

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E2253 CONFERENCE REPORT ON H.R. 2559, ‘‘I was introduced to it very young,’’ said Heilman’s Nuts and Confections. As a mem- MILITARY CONSTRUCTION AP- Chris Jr., a C–130 pilot with the 772nd Expedi- ber of the business community, Al Heilman will PROPRIATIONS ACT, 2004 tionary Airlift Squadron. ‘‘So joining the continue to be a part of our everyday lives. military was always something I kept in the Our community is in debt to Al Heilman for SPEECH OF back of my mind.’’ Pfeil said his father, Senior Master Sgt. his continued public service since 1968. 1 HON. LOUISE McINTOSH SLAUGHTER Chris Pfeil Sr., a C–130 loadmaster also as- wish him and his family all the best as he de- OF NEW YORK signed to the 772nd EAS, never pressured him parts public service. Al’s contributions to our IN THE HOUSE OF REPRESENTATIVES but set an example for him to follow. community have been many, and we are all ‘‘It had to be his decision,’’ said Chris Sr., Wednesday, November 5, 2003 better off from his service. For those that know ‘‘and it was important to support him in him, his name alone helps define public serv- Ms. SLAUGHTER. Mr. Speaker, in response whatever he chose to do.’’ ice. All those that have met him, like him. All ‘‘I’ve always wanted to fly, and this was to questions on why I was one of five Mem- those that know him, love him. bers to vote against the conference report on the best decision,’’ Chris Jr. said, ‘‘but he f H.R. 2259, the Military Construction Appropria- never pushed it.’’ For Tim, a C–130 crew chief assigned to the tions Act for Fiscal Year 2004, I prepared the 320th Expeditionary Maintenance Squadron, TRIBUTE TO GTR OF GASSAWAY, following statement: I voted against yester- it was his father’s advice against joining an- WEST VIRGINIA day’s conference report because it fails to in- other branch of the service that encouraged clude a vital project important to our national him to try the Air Force Reserve Command. HON. SHELLEY MOORE CAPITO security on the Northern Border at the Niagara ‘‘He wanted to join the Marines at first and OF WEST VIRGINIA Air Reserve Station in Niagara Falls, New then he talked about the Army,’’ said Senior IN THE HOUSE OF REPRESENTATIVES York. Master Sgt. Jerry McNelis, a C–130 Shortly after being elected to represent part loadmaster with the 772nd EAS, ‘‘but I Thursday, November 6, 2003 of the Niagara Falls Air Reserve Station in Ni- talked him out of it.’’ Tim said he’s happy with the decision he Mrs. CAPITO. Mr. Speaker, I rise today in agara Falls, New York, I visited the base. I made to join the Reserve because it allowed honor of GTR of Gassaway, West Virginia, for have become familiar with the service it pro- him to continue with school, and two years being awarded a 2003 Export Achievement vides not only to our community, but also to ago he was hired as a full-time air reserve Certificate in recognition of an increased focus the nation. Most recently, I visited for the base technician. on exporting. for the happy occasion of the 914‘b Airlift He also is happy he’s had the opportunity The Export Achievement Certificate was to deploy with his father in support of Oper- Wing’s homecoming from deployment. The Air created to recognize small and medium-sized Force Reserve has even publicized the con- ations Enduring Freedom and Iraqi Freedom. ‘‘It’s good to have a family member here,’’ enterprises that have successfully entered the tributions of the base by showcasing the deci- international marketplace for the first time or sion of 1 st Lieutenant Chris Pfeil, Jr. and Tim said. ‘‘You always have someone to talk to.’’ that have successfully entered a new market. Staff Sergeant Tim McNelis, both from the Knowing that his father will be flying on As our economy continues to become more 914th Airlift Wing, to follow their fathers ca- one of his aircraft also makes him want to global, it is important for industries of all types reer’s in the military. I ask unanimous consent go that extra step. to develop relationships and ties in the inter- that this article on their service be inserted in ‘‘It gives me the incentive to work that national community. As the West Virginia the RECORD. Other units stationed in Niagara much harder knowing my dad is on my economy diversifies, GTR has taken major Falls that are defending the home front and plane,’’ he said. steps forward to promote the Mountain State serving overseas are the 107th Air Refueling For the Pfeils, being deployed here to- and all it has to offer to the world economy. Wing and soldiers with the 865th Combat Sup- gether has given both of them peace of mind. ‘‘Any parent or child is going to be con- By making strides to expand opportunities, port Hospital. cerned,’’ said Chris Sr., ‘‘but when Chris goes I have worked tirelessly with local officials, GTR has in turn brought benefits to the state on a mission, chances are I was there the day that will be felt far beyond the business itself. as well as my counterparts in the Senate, to before so I know the environment and what secure the necessary funding to construct a I applaud GTR for its efforts and look forward he can expect and that helps.’’ to seeing continued success. facility at the base. Unfortunately, it appears Having each other to lean on during this that this project, rated the top priority by Niag- deployment has been a benefit for both fa- Mr. Speaker, I urge my colleagues to join ara County officials, was not included in the ther/son teams, and for the fathers it’s an op- me in recognition of GTR, and I offer them as final bill for the third year in a row. The fact portunity to see their children follow that an example to small and medium sized enter- that this funding was included in an earlier much closer in their footsteps. prises everywhere. version of the bill, and then stripped out at the f f last minute during backroom maneuvers which TRIBUTE TO AL HEILMAN IRVING FRADKIN’S CONTINUED sent the money to another part of New York WORK FOR EXPANDED EDU- State, is an insult to our democratic process. CATIONAL OPPORTUNITY It seems that only bases represented by Mem- HON. FRED UPTON bers on the committee were funded. This is a OF MICHIGAN disservice to the military facility in my district IN THE HOUSE OF REPRESENTATIVES HON. BARNEY FRANK and bases throughout the country. It is a dis- Thursday, November 6, 2003 OF MASSACHUSETTS service to the men and women in uniform from IN THE HOUSE OF REPRESENTATIVES Mr. UPTON. Mr. Speaker, I rise today to the Niagara Falls Air Reserve Station who pay tribute to a dedicated and selfless indi- Thursday, November 6, 2003 have been deployed to serve their country in vidual on the eve of his retirement from public Mr. FRANK of Massachusetts. Mr. Speaker, Iraq. from time to time I have used this medium to I could not, in good conscience, support this service, Kalamazoo’s Al Heilman. Since 1968, share with my colleagues the important work conference report. There is no doubt in my Al has served with great distinction the citi- being done by the Citizen’s Scholarship Foun- mind that the soldiers, not to mention the citi- zens of Kalamazoo in a number of capac- dation of Fall River, Massachusetts, the orga- zens in Niagara Falls, deserve better than ities—from being first elected to the County nization created and run—with the help of what this bill provided. I want to assure the Board in 1968 to having served as City Com- many, many others in increasing numbers—by courageous servicepeople at the Niagara Falls missioner since 1995. Many words come to mind as one reflects Dr. Irving Fradkin. Air Reserve Station that I am already pre- upon Al Heilman’s public service to our com- I do so not simply to give well deserved rec- paring for the next opportunity to remedy this munity. He is selfless, generous, giving, car- ognition to the tireless efforts of Dr. Fradkin on situation. ing, humble . . . the list goes on. Al is widely behalf of young people who might not get to [From afreserve.com, June 17, 2003] known for his extensive charitable gestures, benefit from a college education without his LIKE FATHER, LIKE SON IN SOUTHWEST ASIA often giving both money and time to local indi- work, but more importantly to give an example (By Staff Sgt. Pamela Smith) viduals, businesses, universities, and the com- to others of what can be done in this regard. SOUTHWEST ASIA—The decision to follow their fathers into the military wasn’t a dif- munity as a whole. There is no question that Of course it is important that we in the Con- ficult one for 1st Lt. Chris Pfeil Jr. and Staff Al’s dedication and contributions to the city will gress continue to provide public funds to help Sgt. Tim McNelis, both from the 914th Airlift be missed. provide the equality of opportunity to higher Wing, Niagara Falls Air Reserve Station, Now, Al can ‘‘retire’’ to pleasing folks with education, which we all want to be a part of NY. his other trade—as owner and operator of the American experience. A sufficient level of

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS E2254 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2003 public support is indispensable. But this does It has been eight years and some of my NOVEMBER 10, 2002. not mean that volunteer efforts of the sort that achievements include membership in the Na- O. AMARELO, Dr. Fradkin encourages are irrelevant or insig- tional Honors Society and being awarded a American Dream Challenge, thousand dollar scholarship. I was accepted Fall River, MA. nificant. We need both. to Stone Hill College and the University of DEAR MR. AMARELO AND THE REST OF THE Mr. Speaker, as an indication of the contin- Massachusetts Dartmouth. The American AMERICAN DREAM CHALLENGE CHAIRPERSONS: ued importance of Dr. Fradkin’s work in help- Dream Challenge is an excellent program As a member of the first recipients of the ing gather funds to provide higher education to that should be supported for the good it American Dream Challenge scholarship people who would otherwise be unable to af- brings to our community, The youth is our award, I would just like to give you an up- ford it, I ask that the following documents be future and the supporters of this program re- date on my status in my first year of college, printed here. They include a Proclamation alize that and how important it is to influ- as you asked for us to keep you updated at from the North Dakota Dollars for Scholars ence children to strive for success. the award ceremony earlier this year. I am a Governing Board, and several letters from NELIA LIMA. student at Boston University and I am cur- rently pursuing a major in psychology, and young people who have been the beneficiaries DEAR DR. FRADKIN: I am a winner the eventually, a pre-law concentration. I have of the scholarships generated by Dr. Fradkin’s just more than a month left of my first se- work. American Dream Challenge and a Dollars for Scholars Scholarship. I would like to thank mester and it has been wonderful. The col- PROCLAMATION TO HONOR DR. IRVING FRADKIN you and your colleagues for helping make lege courses and professors have given me ISSUED THIS FOURTH DAY OF JUNE, 2003, BY THE my transition to college easier. Winning new challenges to keep me going in pursuit NORTH DAKOTA DOLLARS FOR SCHOLARS GOV- these scholarships made paying for college of my education, in pursuit of the American ERNING BOARD easier and I cannot thank you enough. There dream of success and prosperity. College life Whereas, North Dakota citizens value edu- is so much going on when beginning college has been amazing with a whole new atmos- cation and are supportive of young people and these scholarships relieved some of the phere and communal life and with many new pursuing postsecondary education plans; and stress. Your commitment to the youth is un- experiences that I know will make great Whereas, North Dakota Dollars for Schol- believable. I say this because I have experi- memories. I would just like to thank you ars has grown to having 69 chapters impact- enced your commitment first hand. The be- again for the scholarship that you gave me. ing 129 communities at the close of FY 03; lief you and your colleagues have in today’s It helped me to buy the books and supplies and youth gives us a little more confidence and that I needed for college, in addition to serv- Whereas, North Dakota has Initiated a determination to achieve our goals so one ing as a motivation for me to have this great state level organization, led by a voluntary day we can help tomorrow’s youth. Once opportunity of attending a place of higher group of state Governing Board members, to again, I would to thank you for helping me learning. Without your scholarship, I still continue its rich history of scholarship sup- on my path into the future and that what would have made it because of my deter- port for postsecondary education; and you have done for me and so many others is mination to achieve my dream, but it would Whereas, all chapters in North Dakota to greatly appreciated and will not be forgotten have been harder. Thank you once again and date have raised $9.4 million for local awards Sincerely, I hope that you continue to make students’ and endowment building; and BRYAN S. DE SA. college hopes and dreams to come true, as Whereas, all chapters in North Dakota to you did mine. Sincerely, date have awarded scholarships to 8,454 stu- C.V. CARROLL SCHOOL, ALEXANDER PAIVA. dents why also receive a key message of en- Fall River, MA. couragement and pride from their commu- f nity in addition to the monetary award; and THE AMERICAN DREAM CHALLENGE: Whereas, all programs of Scholarship A BLUEPRINT ENDING PARTIAL BIRTH America helped to bring over $965,000 to The American Dream Challenge Program ABORTION North Dakota postsecondary education insti- Committee is a dynamic, dedicated group of tutions, and individuals who are working for a common HON. JEB HENSARLING Whereas, the Dollars for Scholars program goal, and unified goals. Their exceptional would not have been possible without the de- talents, dedication, and commitment are OF TEXAS termination and vision of one man named Ir- certainly felt within our educational system IN THE HOUSE OF REPRESENTATIVES ving Fradkin; in our community. Now, Therefore, Be It Resolved By The Thursday, November 6, 2003 What a Herculean task this is! The Amer- North Dakota Dollars for Scholars Gov- ican Dream Challenge Group volunteers Mr. HENSARLING. Mr. Speaker, today I rise erning Board: in strong support of the Partial Birth Abortion That our deep gratitude is extended to Ir- countless hours so that positive attitudes, ving Fradkin for making Dollars for Schol- ethics, and enthusiasm can regenerate in Ban Act of 2003 and to commend the Con- ars possible in North Dakota and around the this depressed area and can begin with our gress and the President for outlawing the United States; and youngest elementary students. gruesome procedure known as partial-birth Be It Further Resolved, that the North Da- The concept of encouraging our students to abortion. kota Dollars for Scholars Governing Board do their very best, take charge of their lives, I do not refer to it as ‘‘so-called’’ partial-birth presents this resolution and plaque to Dr. Ir- and stay in school is emphasized so magnifi- abortion like some do, because the term is ving Fradkin to honor all he has done and cently by the Committee. The American Dream Challenge Group awards scholarships perfectly accurate. An infant is partially deliv- accomplished for youth and education in ered—often with the entire body outside of the America. to elementary school children who are urged CHARLES STROUP, to put forth their best effort and make a dif- womb except the head—then a pair of long, Hazen, ND, NDDFS Governing Board Chair. ference in their school, their neighborhood sharp scissors is forced through the back of and eventually give to their community. the infant’s skull and the doctor sucks the JULY 26, 2003. With the American Dream Challenge we child’s brains out before completing delivery of HOW THE AMERICAN DREAM CHALLENGE can feel the necessity for our students to the now dead infant. AFFECTED ME strive for decency, and get back to basics of The child is just moments away from birth— their lives. As a child I did not think about my future just a few inches from being delivered, from very much. Therefore, I was not very en- Today we need more programs like the being completely out of the womb and breath- American Dream challenge with interested, thused when our teacher told us that we ing fresh air. It is one the most horrific, grue- would be writing an essay to compete for a concerned citizens volunteering with our youth and building better citizens and adults some procedures I can imagine, one per- scholarship. I remember thinking that it was formed without anesthetic on an otherwise pointless considering I did not even know for tomorrow. what a scholarship was until that very mo- Thank you Dr. Fradkin and the American healthy infant that is alive during the process. ment. I was in the fourth grade and the only Dream Challenge Committee for including In America today, in our infinite wisdom, we thing I cared about was getting through the me and my students in a worthwhile endeav- have decided that it is ‘‘cruel and unusual pun- fifth grade to make it to middle school. or. ishment’’ to sentence a prisoner convicted of My attitude changed when I won the Congratulations American Dream Chal- murder to death by electrocution, but we freely award. I was very proud of myself. I had lenge Committee and Dr. Irving Fradkin on allow abortion doctors to jam a pair of scissors earned the scholarship and now I looked for- s mammoth undertaking and a commendable through the skull of a healthy baby who is a ward to the day I could put it to use. I don’t start. The principal at C.V. Carroll school, think that the essay process Itself made me Hr. Edward Campion, pledges his support for tug away from birth, often 20 to 32 weeks in feel that way. Winning is what made me re- this program and encourages his staff to par- gestation and sometimes at fullterm! alize that college was a possibility. Ever ticipate and pledge for future years. I have often said that in order to reduce the since then, I have tried my best to do well in BETSY COREY, number of abortions in this country each year all my academics. 4th Grade Teacher. we must change the hearts and minds of the

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E2255 people, not just the laws. Sad and unfortunate TRIBUTE TO CONSOLIDATED WOOD Being trained by the best in the field as every abortion is, I am particularly grieved PRODUCTS They had taught me all that a soldier should be by each child that dies from a partial-birth How to kill without being killed. abortion. HON. SHELLEY MOORE CAPITO I, the quick learner that I had always been Should we not ban a procedure so violent OF WEST VIRGINIA Had gone through the training with ease I had always fit in with the strongest of men and so repulsive that even many abortion doc- IN THE HOUSE OF REPRESENTATIVES But found nothing in common with these. tors shun, that over 70% of Americans are Thursday, November 6, 2003 Some of them crazy, and some without care against, and at least 27 States have already Some who had dreamed to be soldiers outlawed? Mrs. CAPITO. Mr. Speaker, I rise today in Some loyal to their country, and some of honor of Consolidated Wood Products of Bev- them scared Mr. Speaker, this is a procedure that count- erly, West Virginia for being awarded a 2003 Some just had chips on their shoulders. less doctors and medical professionals have Export Achievement Certificate in recognition I was the strong silent type, I guess deemed unnecessary to preserve the health or of an increased focus on exporting. I had always been social before life of the mother. Partial birth abortion is The Export Achievement Certificate was But trust me, you’ll laugh and talk a lot less never medically necessary, yet we have been created to recognize small- and medium-sized When you’re 18 and drafted to war. trying since 1995 to pass a ban on this proce- enterprises that have successfully entered the I had been taught not to murder a soul But in war, what else could I do? dure that a president with courage and wis- international marketplace for the first time or that have successfully entered a new market. I remembered how world peace had been my dom will sign. goal As our economy continues to become more But in battle, I would have to fight too. As the bill’s language states and medical global, it is important for industries of all types authorities have attested to, partial-birth abor- So across the cold, muddy battlefield I to develop relationships and ties in the inter- crawled tion poses serious risks to the health of a national community. As the West Virginia Armed with my rifle in hand woman undergoing the procedure and there is economy diversifies, Consolidated Wood Prod- I saw hatred and death and I was appalled no credible medical evidence that partial-birth ucts has taken major steps forward to promote All this over money or land. abortions are safe or safer than other abortion the Mountain State and all it has to offer to the Dead bodies and body parts scattered on the procedures. world economy. ground By making strides to expand opportunities, My gun still fully loaded Hippocrates, the father of medicine and Consolidated Wood Products has in turn Explosions and shouting consumed sight and originator of the Hippocratic Oath, charged to sound brought benefits to the state that will be felt far Everything near me exploded. fellow physicians of his day: First of all, do no beyond the business itself. I applaud Consoli- harm. Certainly all sane and rational people I got up and ran to hide in the brush dated Wood Products for its efforts and look But a foreign soldier was there can agree that this procedure is anything but forward to seeing continued success. He had been hiding and trying to hush harmless, and I would venture to say quite Mr. Speaker, I urge my colleagues to join So I caught him a bit unaware. ruthless to both the mother and child. me in recognition of Consolidated Wood Prod- Still he had time to cock up his gun ucts, and I offer them as an example to small- I would have killed him, but couldn’t While there are various versions of the Hip- and medium-sized enterprises everywhere. I had time to take off and run pocratic Oath in use today, all speak of the I would have ran, but I wouldn’t. physician’s obligation to improve the health of f Instead, we stood aiming at each others’ all patients regardless of station. At a moment HONORING THE WORDS OF DANIEL hearts in time like this when that solemn Oath is not To me, it was nothing but nonsense COLVIN Staring in his eyes, I could tell he had being honored, it is up to Congress and the smarts American people to step in and enforce it with HON. TIM RYAN But he also had a conscience. decent and reasonable laws. In that moment, I knew that he was like me OF OHIO That is what the partial-birth abortion ban is: He did not truly want to kill IN THE HOUSE OF REPRESENTATIVES Even the way he squeezed his gun tightly a decent and reasonable law in response to Thursday, November 6, 2003 Said that he was there against his own will. an indecent act. So what do you do on the battle field I am pro-life. I believe in the sanctity of life Mr. RYAN of Ohio. Mr. Speaker, it gives me When you cross a man like yourself? great pride to honor the words of Daniel You don’t want to kill, but you cannot yield and in my heart and mind believe that life be- Colvin, a gifted poet from Youngstown, Ohio Nor ask anybody for help. gins at conception. I do not believe that pro- whom I am proud to claim as my constituent. Shaking like crazy, we both started to sweat tecting the lives of the unborn and the rights Daniel is doing his part, by means of meter My heart dropped; his skipped beats of women are mutually exclusive ideas. and rhyme, to advance the noblest goal for Staring and letting our eyes make the threat When inside we were fearing defeat. But that is not what this legislation is about. which we all strive—peace in our time. Daniel is a freshman at Kent State Univer- I wanted to end the suspense and forget it This is not—and should not be—a debate of I started to pull the trigger pro-life verses pro-choice. This is a prudent sity, majoring in architecture and plans to in- Then my conscience said, ‘‘You’re gonna re- and reasonable bill that we should all be able corporate writing into his future—a future gret it which is no doubt bright. His poem, Armed to agree is necessary and important. While Your purpose in life is much bigger.’’ with a Conscience, was inspired by the attack this legislation is now law, the fact remains I let go of my gun, but before it fell on September 11, and the subsequent War on I felt lead pierce through my chest that abortion is still legal in the United States. Terrorism. Mr. Colvin has expressed hope that The other man’s conscience hadn’t worked so What this legislation does is ban the single his poem ‘‘will strike the consciences of all of well most violent and gruesome abortion proce- mankind and help lead us to a world of So he did what he thought was best. dure: partial-birth abortion. peace.’’ I fell backward all the way to the ground I am pleased and proud to share with my Smacking the back of my head Because it is unnecessary, because it is My fellow soldier came and shot the man harmful to all parties involved, and because it colleagues and the Nation, Armed With a Con- down science, by Daniel Colvin: is immoral. And the last thing I saw was him dead. I wake up in a pool of cold sweat So that’s why I woke up in such a fright I am proud to be a cosponsor of this vital My heart drumming in my throat Fearing the thought of war legislation, and I am thankful to have wit- My eyes were wide from the fear of a threat I was thinking of the man in my dream last nessed the day—after so many years of try- Such fear that I cannot emote. night ing—when this Congress, our President and The dream that I had was unbearably sad And grew sadder than ever before. It hurts to even think about it the American people had the decency and re- The sad part is not the fact that he shot me A nightmare so real, you could never have That’s not it, it really isn’t solve to see partial-birth abortion outlawed in had But since his conscience didn’t teach him this great Nation. Well, you could have; but I doubt it. what mine taught me I was in the army being all I could be I woke up and he didn’t.

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS E2256 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2003 MAJOR HENRY A. COMMISKEY, SR. tember of 1951 at the Naval Air Station in travel to Prague for the NATO summit or to POST OFFICE BUILDING Pensacola, Florida. He received his wings at Rome for the Legislators’ Dialogue in order to Corpus Christi, Texas in June of 1953 and assess the state of our relationship and to SPEECH OF later completed jet training at El Toro, Cali- work on ways to reenergize the U.S.-Euro- HON. GENE TAYLOR fornia. He was promoted to captain in July of pean partnership. OF MISSISSIPPI 1953. In April of 1954, Commiskey returned to Now, however, it is time to move on. We IN THE HOUSE OF REPRESENTATIVES Korea as a pilot with Marine Attack Squadron must work to reestablish the kind of strong 21, Marine Aircraft Group 12, 1st Marine Air- transatlantic relationship with all of Europe Tuesday, November 4, 2003 craft Wing. which is necessary if we are to deal effectively Mr. TAYLOR of Mississippi. Mr. Speaker, it Commiskey returned to the United States in with those international issues which effect us is my honor to present H.R. 2438, a bill to September of 1954 and continued his service on both sides of the Atlantic. The resolution designate the facility of the United States as a recruitment officer and as an instructor before us recognizes that both the United Postal Service located at 115 West Pine for the Marine Corps School at Quantico, Vir- States and Europe face serious challenges at Street in Hattiesburg, Mississippi as the ginia. He was promoted to the rank of major home and abroad and that to meet these chal- ‘‘Major Henry A. Commiskey, Sr. Post Office in July of 1959 and retired from active duty in lenges we must adapt and strengthen the Building’’. The Hattiesburg City Council and August of 1966. Major Henry A. Commiskey, transatlantic partnership into a transatlantic the Forrest County Board of Supervisors re- Sr. died in Meridian, Mississippi on August 15, community of action. As the resolution cor- quested through official resolutions that the 1971. rectly states, the transatlantic relationship is downtown Hattiesburg Post Office be named Last year, I originally introduced House Res- much too important to allow an issue such as for the late Major Commiskey, who received olution 5495, a bill that was identical to the Iraq, however difficult, to result in both the the Medal of Honor during his lifetime. measure currently before us. The previous bill United States and Europe drifting apart or Henry Alfred Commiskey, Sr. was born in passed the House at the very end of the 107th worse, becoming rivals. Hattiesburg on January 10, 1927. He attended Congress, but did not make it through the As Chair of the U.S. delegation to the the Sacred Heart School there and worked as Senate before time ran out and the session Transatlantic Legislators’ Dialogue, I am espe- a brakeman on the Illinois Central Railroad be- ended. Due to that fact, I then reintroduced cially pleased that the resolution mentions the fore joining the Marine Corps on January 12, the bill for the 108th Congress, and it was importance of this organization and the kind of 1944, two days after his 17th birthday. designated with a new number. The entire dialogue the TLD promotes with our counter- Commiskey participated in the February 1945 Mississippi House delegation signed on as parts in the European Parliament. As my Col- invasion of Iwo Jima during World War II, original cosponsors of both bills, for which I leagues may know, in July, after the bitter de- where he earned the Purple Heart for being am very grateful. I also thank both the majority bate over Iraq subsided, we had a very suc- wounded in action. He also received the Letter and minority leadership of the House of Rep- cessful meeting of the TLD. During that meet- of Commendation for ‘‘exhibiting high qualities resentatives and the Government Reform ing, both delegations pledged to rededicate of leadership and courage in the face of a Committee for shepherding the bill through the ourselves to strengthening the transatlantic stubborn and fanatical enemy.’’ House once more. partnership by renewing our pursuit of com- Commiskey remained in the Corps after the On behalf of our Nation, the State of Mis- mon values such as democracy, human rights war and rose to the rank of staff sergeant to sissippi, the citizens of the Hattiesburg area, and open markets and societies and by rein- become a drill instructor at the Parris Island the local officials there, and the Commiskey forcing inter-parliamentary contacts. boot camp in South Carolina. He later grad- family, it is my privilege to present this legisla- At that meeting we also agreed to try to en- uated from Officer Candidate School and was tion to the United States Congress in honor of hance the effectiveness of our operations by commissioned a second lieutenant on Sep- Major Henry A. Commiskey, Sr., his sacrifice, establishing new consultative mechanisms tember 10, 1949. He volunteered for combat and his awe-inspiring service to his country. which would serve as an ‘‘early-warning’’ sys- service at the outbreak of the Korean War and f tem designed to allow intensified dialogue on was sent to Korea with the 1st Marine Regi- possible contentious issues at early stages of ment in August of 1950, where he participated RECOGNIZING CONTINUED IMPOR- the legislative process. in the Inchon landing. A few days later, on TANCE OF TRANSATLANTIC RE- Mr. Speaker, next week our Colleagues September 20, 1950, Commiskey earned the LATIONSHIP AND PROMOTING from the Parliament will be coming to the Medal of Honor for his heroism atop Hill 85 STRONGER RELATIONS WITH EU- United States to continue our discussions. I near Yongdungp’o, Korea, on the outskirts of ROPE believe we all understand and appreciate the Seoul. importance of this dialogue and the need to SPEECH OF Serving as a platoon leader in Company C, continue to support stronger relations with Eu- First Battalion, First Marines, First Marine Divi- HON. JO ANN DAVIS rope and its Union through mechanisms such sion (reinforced), Second Lieutenant OF VIRGINIA as these Parliamentary exchanges. Commiskey spearheaded the assault that was IN THE HOUSE OF REPRESENTATIVES I urge passage of this resolution. ordered on forces that were well dug in on Hill f 85. Charging up the steep slopes on the run Wednesday, November 5, 2003 into heavy enemy machine-gun and small Mrs. JO ANN DAVIS of Virginia. Mr. Speak- COMMENDING THE AMERICAN arms fire, he ran ahead of his men and was er, I rise in support of H. Res. 390, which VITILIGO RESEARCH FOUNDATION the first to reach the crest of their objective. passed the House last night, and wish to com- Armed only with a pistol, he jumped into a mend the Chairman of the Europe Sub- HON. MICHAEL BILIRAKIS hostile machine-gun emplacement occupied committee for his efforts to bring this important OF FLORIDA by five enemy soldiers, engaged in hand-to- measure to the House. IN THE HOUSE OF REPRESENTATIVES hand combat, and killed them all. He then As the Chairman noted, the recent debate moved to the next emplacement, where he over Iraq was a particularly difficult time for Thursday, November 6, 2003 killed two more enemy soldiers before leading overall transatlantic relations. As my Col- Mr. BILIRAKIS. Mr. Speaker, I rise today to his men on further to route their adversaries league correctly pointed out, it is important to call attention to a little-known but debilitating and take the hill. recognize that this dispute was with four na- disease that profoundly impacts its victims. Although Commiskey miraculously escaped tions in particular and not the whole of Eu- Vitiligo is an auto-immune disorder which harm during the assault on Hill 85, he was rope. France and Germany are important causes the skin to lose its pigmentation, re- wounded a week later and then again on De- friends and allies and it was particularly frus- sulting in the development of white patches cember 8, 1950. He was then returned to the trating that we were having such a disagree- around the bodies of those afflicted with it. Al- United States for hospitalization and later pro- ment with them. However, we must not ignore though its physical effects are neither as se- moted to first lieutenant in June of 1951. the contributions and sacrifices the British, the vere nor life-threatening as some diseases, Commiskey was presented the Medal of Italians, the Spanish, the Poles and the many vitiligo profoundly impacts the social and psy- Honor by President Truman at a White House others who did stand beside us, provided dur- chological well-being of its victims, particularly ceremony on August 1, 1951, becoming the ing this difficult and dangerous time. And while children and African-Americans. first Marine to be so awarded for extraordinary some of us may have consumed ‘‘freedom Vitiligo may physically be painless, but the heroism in the Korean conflict. Commiskey fries’’ and avoided Bordeaux wines or discrimination it precipitates hurts nonetheless. then became a student naval aviator in Sep- Bittberger beer, many of us were happy to The more than 5 million American men,

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E2257 women, and children who have vitiligo know tary retirees, servicemen and women have services whenever a veteran first applies for the sting and emotional distress it causes. I and are defending our great country at a great any benefit with the VA. It would also help have seen it in the eyes and heard it in the cost. No group of Americans deserve our ad- widows and survivors of veterans by informing voices of those with whom I’ve met who have miration and respect more than those who them at the time of a burial request or applica- it. have worn the uniform of the United States of tion for life insurance proceeds about the full I learned about vitiligo from one of my con- America and fought to protect our homes, our array of benefits available to them. stituents, Stella Pavlides, who is the Founder way of life, our freedom, and our future. And recently, I submitted testimony to the and President of the American Vitiligo Re- Mr. Speaker, let me be very clear where I VA Cares Commission urging them to expand search Foundation, which is headquartered in stand—on the side of our veterans! That’s why the Fayetteville VA Medical Center, which cur- my congressional district in Clearwater, Flor- I am an original cosponsor of a comprehen- rently operates in antiquated facilities. The ida. Stella is a tireless advocate who has dedi- sive veterans package. Highlights of this pack- proposed plan calls for an expansion of the cated her life to finding a cure for vitiligo and age include: outpatient facility and an additional 110,000 ending the hurt it causes. I have pledged to Under the current budget rules in Congress, square feet. Because the Fayetteville clinic is her that I will work with my House colleagues veterans’ benefits—the money for war service such an important facility to veterans in North to raise public awareness about vitiligo so that and war injuries are under mandatory spend- Carolina, it is important that it remains in the we can make it a disease of the past and not ing—that means whatever the need, there has proposed national plan. I have also supported the mystery illness shrouded in ignorance that to be the resources. The money for VA hos- additional VA clinics in my district in Lum- it is today. pitals and clinics falls under discretionary berton and Supply, as well as an expansion of Mr. Speaker, I want to commend our col- spending—that is a certain amount that is set the Wilmington VA clinic. league, Congressman TODD TIAHRT, for taking aside, and if the need grows for more, then it Finally, it is our veterans’ sacrifice that has a leading role in helping me bring this disease may or may not be increased. I say that’s brought true freedoms to this nation! It is a to the attention of our colleagues. I hope that wrong, and I am co-sponsoring legislation, the sacrifice I have seen in the hearts and eyes of all of our colleagues will join us in raising pub- Veterans Health Care Funding Guaranteed men and women in uniform around the globe lic awareness about vitiligo and dedicating Act, that would give veterans what they have with whom I have visited. It is a sacrifice that ourselves to helping the medical and scientific been promised—lifelong benefits and health does not complain. It is a sacrifice that is re- communities find a cure for it. care. This would reduce the national disgrace spectful. It is a sacrifice that is genuine. And f that leaves 200,000 veterans waiting up to 6 it is a sacrifice that we all must respect. months for an appointment at a Veterans Hos- This is not a partisan issue. It is an Amer- HONORING VETERANS pital. We can and must do better and my plan ican issue. And we must stand shoulder-to- would reduce waiting times for first time doctor shoulder and respect the spirit, service, and HON. MIKE McINTYRE appointments to 30 days. sacrifice of our nation’s veterans. Nothing less OF NORTH CAROLINA I support an interim disability payment of is acceptable. IN THE HOUSE OF REPRESENTATIVES $500 per month when claims are not expe- f Thursday, November 6, 2003 dited after remand. HEROISM FROM FIREFIGHTERS, I support a full repeal of the concurrent re- EMERGENCY PERSONNEL AND Mr. MCINTYRE. Mr. Speaker, I rise today on ceipt issue. This inequity that prevents dis- OTHER FIRE RESPONDERS behalf of the 77,000 veterans in my district abled military retirees from receiving both their who have dedicated their lives to fighting for pensions and disability pay is wrong. While we this great country. All Americans must under- were able to make progress on this issue last HON. GARY G. MILLER OF CALIFORNIA stand that we have a responsibility to support year with a partial appeal, more needs to be IN THE HOUSE OF REPRESENTATIVES the men and women in uniform who risk their done to fully repeal this, and I am working on lives on a daily basis to protect the freedoms that by signing a discharge petition to bring Thursday, November 6, 2003 we enjoy. We must never forget that hundreds this bill directly to the floor of the House of Mr. GARY G. MILLER of Califorina. Mr. of millions of people in the United States and Representatives so we can pass it. Speaker, the wildfires that burned across around the world sleep in peace because hun- I support legislation to phase out the reduc- Southern California last week destroyed dreds of thousands of Americans rest in tion in benefits in the military Survivor Benefit homes, devastated communities and left 20 graves all across the world—fallen heroes in Plan. The benefit to military spouses is not dead in its wake. But from this horrific natural the name of freedom. The price of freedom is what enrollees were promised and the pro- disaster, we witnessed heroism and deter- always high, but the price of war is even high- gram is not providing the level of protection mination from firefighters, emergency per- er! And no one knows that better than our Na- military survivors need and deserve. sonnel and other first responders who put,their tion’s veterans. As guardians of freedom, I also support the Keep Our Promises to lives on the line to save others. But we also righteousness, and justice, their actions have America’s Military Act that would ensure full witnessed true leadership from those directing cemented the foundation of this great Nation and adequate health coverage for all members operations and coordinating efforts from com- and helped shape the destiny of our Nation of the uniformed services by allowing them to mand centers scattered throughout the state. and our world. It is their continued spirit, serv- participate in the Federal Employees Health One of these centers was located in the city ice and sacrifice that have helped our country Benefit Program. of Rancho Cucamonga, which witnessed first- maintain its posture in the world, and we can- I support the Military Pay Equity Act that hand the fire’s relentless march of destruction. not afford to ignore the promises we made to would increase the rates of military basic pay At the helm of the city’s strategic operations them when they first made their promise to for members of the uniformed services. were Fire Chief Dennis Michael, Police Chief protect our country. I support efforts to improve the Montgomery Pete Ortiz and City Manager Jack Lam. All First, it’s about our veterans’ spirit—a spirit GI Bill to ensure that higher education and three men, working closely with the mayor and that has been unsurpassed. Over 48 million training benefits are adequate. city council, saved thousands of homes and Americans have stepped forward to defend I support legislation to allow Federal civilian protected just as many lives. our land since our Nation’s founding. And and military retirees to pay health insurance Mayor Alexander and his colleagues on the today, there are 25 million living veterans who premiums on a pretax basis and to allow a de- Rancho Cucamonga city council also deserve have served in times of war and peace. Indi- duction for TRICARE supplemental premiums. high praise for planning and preparing the city viduals who dared to make a difference, and I support the Truth in Recruiting Act that for this type of disaster. During the crisis and people who were willing to take a stand— would mandate that members of the Armed aftermath that followed, the residents of Ran- whether it was convenient or not! Let each of Forces shall be entitled to all benefits they cho Cucamonga have been well served. And us continue to work and honor our veterans’ were promised when they originally entered under their continued leadership, the commu- spirit, who have proved their heroism and their the service. Under this bill, each member of nity will rebuild. love for our country—time and time again. the Armed Forces would be given a written Mr. Speaker, Rancho Cucamonga is a pros- We must also pay tribute to our veterans’ statement describing the benefits that will be perous city nestled at the base of Southern dedicated service to this country. From Lex- provided to that person if he or she attains re- California’s foothill mountains. City leaders ington and Concord to Normandy and Oki- tirement status. have dedicated their lives to ensure residents nawa, from Korea and Vietnam to the Persian I support the Veteran’s Right to Know Act have a high quality of life, and because of this Gulf, and from the streets of Baghdad to the that would require the VA to inform veterans leadership and experience the community will mountains of Afghanistan, our veterans, mili- about eligibility for benefits and health-care recover.

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS E2258 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2003 KEEP OUR PROMISE TO AMER- The Court ruling said, in part, ‘‘We cannot APPOINTMENT OF CONFEREES ON ICA’S MILITARY RETIREES ACT readily imagine more sympathetic plaintiffs H.R. 2800, FOREIGN OPERATIONS, than the retired officers of World War II and EXPORT FINANCING AND RE- HON. CHRIS VAN HOLLEN Korean War era involved in this case. They LATED PROGRAMS APPROPRIA- OF MARYLAND served their country for at least 20 years with TIONS ACT, 2004 IN THE HOUSE OF REPRESENTATIVES the understanding that when they retired they and their dependents would receive full free Thursday, November 6, 2003 SPEECH OF health care for life. The promise of such health Mr. VAN HOLLEN. Mr. Speaker, I rise to in- care was made in good faith and relied upon. HON. MAXINE WATERS form my colleagues that today I have intro- . . . Perhaps Congress will consider using its duced a revised version of the ‘‘Keep Our legal power to address the moral claims raised OF CALIFORNIA Promise to America’s Military Retirees Act’’ by Schism and Reinlie on their own behalf, IN THE HOUSE OF REPRESENTATIVES along with Representatives CHET EDWARDS of and indirectly for other affected retirees. Texas, JEFF MILLER of Florida, and DUKE Wednesday, November 5, 2003 CUNNINGHAM of California. This bipartisan bill The Keep Our Promise to America’s Military addresses recent developments and offers Retirees Act was originally introduced in 1999 Ms. WATERS. Mr. Speaker, I rise to support more meaningful remedies to the ‘‘broken to acknowledge the promises made in good this motion to instruct the conferees for the promise’’ of health care for military retirees. faith to America’s military retirees. But now Foreign Operations Appropriations bill to ac- We have sent thousands of troops to do that the Courts have ruled, it is more important cept the Senate’s higher levels of funding for battle in Iraq and Afghanistan. We are creating than ever that Congress pass this bill. I espe- global HIV/AIDS, tuberculosis and malaria pro- a new generation of veterans who have been cially want to commend my friend from Texas, grams. The Senate bill provides $1.7 billion for willing to make the ultimate sacrifice for our Mr. EDWARDS, for his leadership in introducing these programs in fiscal year 2004. When country. Our government must be accountable H.R. 58 at the beginning of the 108th Con- combined with $700 million in the Labor- for the promises it makes to young men and gress, and for working with me to bring the Health and Human Services Appropriations women who are asked to serve our country in Keep Our Promise Act up to date to conform bill, this would provide $2.4 billion for these this way. to the court rulings. programs. Over the past year the Courts have laid to rest the question of who is responsible for Our new bill offers more meaningful restitu- Last January, in his State of the Union ad- making good on promises of lifetime health tion for broken promises by waiving both the dress, the President made a commitment to care that were made to young men and Part B premium and the late fee for World the community of nations to provide $15 billion women who joined the service during World War II and Korean era military retirees. The over five years to wipe out the scourge of HIV/ War II and the Korean eras. Recruits were new bill also addresses broken promises AIDS, which is ravaging the continent of Africa promised by their own government that if they made to military retirees who joined the serv- and spreading rapidly throughout the world. Within four months, Congress passed and the served a career of 20 years in military service, ice after 1956. Even though laws were on the President signed H.R. 1298, the U.S. Leader- then they and their dependants would receive books beginning in 1956 that defined and lim- ship Against HIV/AIDS, Tuberculosis and Ma- health care upon retirement. But while these ited military retiree health care, the sad truth career soldiers put their lives on the line for laria Act, which authorizes $3 billion per year is that the empty promise of lifetime health our country, the government did not keep its in funding over the next five years for global care was used as a recruiting tool for many end of the contract. HIV/AIDS, tuberculosis and malaria treatment This past June the U.S. Supreme Court de- years beyond the scope of Col. Day’s case, to and prevention efforts. those who entered the military after 1956. This cided not to consider a November 12, 2002 Unfortunately, it was not long before the Federal Appeals Court ruling in a suit filed is documented in recruiting literature well into the 1990s. We must keep our promises to President’s State of the Union commitment against the government of the United States began looking like another empty promise. In on behalf of World War II and Korean era mili- them, too. his FY 2004 budget, the President proposed tary retirees. Retired Air Force Colonel George These retirees, mainly from the Vietnam and only $2 billion for global HIV/AIDS, tuber- ‘‘Bud’’ Day, a highly decorated Congressional Persian Gulf eras, qualify for the military culosis and malaria programs, and the Repub- Medal of Honor recipient, filed a breach of health care program known generally as lican congressional leadership refused to fully contract suit on behalf of two retired colonels Tricare. Tricare works well for many military fund H.R. 1298. The House provided only $1.4 who contended they had been recruited into retirees but fails to deliver quality health care billion in the Foreign Operations Appropria- military service as young men with the prom- for others. Some retirees cannot receive care tions bill and $700 million in the Labor-Health ise of lifetime health care upon retirement after at military bases due to lack of space avail- and Human Services Appropriations bill for a serving at least 20 years in uniform. ability. Base closures have cut off access for total of $2.1 billion for efforts to fight these In 1956, long after Col. Day’s clients signed many retirees, and too many of them cannot devastating diseases. up for military duty, Congress enacted the first laws that defined, and began to limit, the level find private doctors who will put up with bu- I have been working for many years to bring of health care that would be provided to mili- reaucratic inefficiencies or low reimbursements attention to the AIDS epidemic, which is de- tary retirees. These laws, which took effect on they have encountered with Tricare. stabilizing economies and societies throughout December 7, 1956, made health care avail- I believe strongly that military retirees who the world. In the last year, over three million able at military facilities conditioned on space are not well served by Tricare deserve an al- people died of AIDS, and five million people availability—in other words, military retirees ternative. The Keep Our Promise Act has of- were newly infected with this dreadful disease. had to go to the end of the line and wait for fered these retirees the option of enrolling in The House’s proposed appropriation of $2.1 health care. Subsequent laws removed them the Federal Employees Health Benefits Pro- billion for these widespread epidemics is entirely from the military health care system gram (FEHBP); the new version of the bill im- grossly inadequate and a shameful, broken when they became eligible for Medicare, re- proves this benefit for military retirees by reim- promise. The Senate’s higher figure of $2.4 sulting in a dramatic reduction in health care bursing them for expenses they incur under billion, while it comes closer to the $3 billion benefits. FEHBP that they would not have incurred that the President promised, is still not The Appeals Court ruled against the plain- under Tricare. This provision is cost-neutral enough. It is time for the Congress to take this tiffs on a technicality, arguing that promises by since the government would be covering these issue seriously. It is time for the United States recruiters were invalid because only Congress health care expenses under one program or to keep its promise to the world community of could authorize military health care, which the other. nations and to the victims of these dreadful Congress had not done when the plaintiffs en- diseases and their families and friends. tered the service. But although the retired The Courts have ruled. It is up to Congress colonels lost their case on that technicality, I to make good on the promises that were I urge my colleagues to support this motion believe they won their moral battle on principle made—and broken—to our military retirees. to instruct, and I urge the conferees to go because the Courts have ruled that legally They are not asking for handouts—they ask even further and provide $3 billion to fully fund only Congress can make good on promises only for what was promised to them and what global HIV/AIDS, tuberculosis and malaria ef- made to our military retirees. they earned. forts for fiscal year 2004.

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E2259 RECOGNIZING CHARLES ANDREW tary supplements. One doctor in San Diego tions across the country. He has also long BISHOP FOR ACHIEVING THE wrote: been active in community and civic affairs. RANK OF EAGLE SCOUT Ephedra reports have been going on for As Dan and his wife Gelene prepare for an years. I think it is the responsibility of the exciting new phase of their lives, I know ev- HON. SAM GRAVES FDA to do something about this since the eryone connected with Ohio State will wel- public cannot respond to new information re- OF MISSOURI come his continued advice and support. garding serious side effects reported in med- f IN THE HOUSE OF REPRESENTATIVES ical journals. My patients ask me why these Thursday, November 6, 2003 products are on the market and why they are TRIBUTE TO BOB SKINNER, JR. Mr. GRAVES. Mr. Speaker, I proudly pause not regulated by the FDA? to recognize Charles Andrew Bishop, a very Why are these products on the market? HON. GREG WALDEN special young man who has exemplified the Many people would like to know the answer to OF OREGON this question. With the support of my congres- finest qualities of citizenship and leadership by IN THE HOUSE OF REPRESENTATIVES taking an active part in the Boy Scouts of sional colleagues, I hope we can soon resolve America, Troop 395, and in earning the most this issue. Thursday, November 6, 2003 prestigious award of Eagle Scout. I would like to tell you about another person. Mr. WALDEN of Oregon. Mr. Speaker, it is Charles has been very active with his troop, ‘‘Margaret,’’ as I will call her to preserve her with great pride that I rise today to pay special participating in many scout activities. Over the privacy, is a 24–year-old woman in California tribute to a fine American, a true gentleman five years Charles has been involved with who walks with the assistance of a cane. Two and a good friend of mine, Mr. Bob Skinner, scouting, he has earned 31 merit badges and years ago, she suffered a serious stroke that Jr. of Oregon on the occasion of the end of has held numerous leadership positions, serv- left her on life support and without much hope his term as president of the Oregon Cattle- ing as Assistant Senior Patrol Leader, Assist- of survival. But Margaret overcame the odds. men’s Association (OCA). Bob is a fifth gen- ant Patrol Leader, and Den Chief. Charles is Her long road to recovery included surgeries eration cattle rancher, raised on the high also a Tom-Tom Beater in the Tribe of Mic-O- and countless physical therapy sessions, help- desert of southeast Oregon. Growing up on Say. ing her progress from a wheelchair to a cane. his family’s ranch outside of the small town of For his Eagle Scout project, Charles built a How could someone as young as Margaret Jordan Valley, Bob learned the virtues of hard hiking path at the Parkville Nature Sanctuary suffer such a life-threatening event? According work, patience, and dependability. After earn- in Parkville, Missouri. The bridge will create an to her doctor, a reaction between her pre- ing a B.S. degree in business from the Col- elevated walking platform that will not spoil the scribed medication and some over-the-counter lege of Idaho, Bob’s devotion to his family and natural landscape. diet pills containing ephedra caused her friends and his affinity for the ranching way of Mr. Speaker, I proudly ask you to join me in stroke. life drew him home to Jordan Valley and Or- commending Charles Andrew Bishop for his I hope the FDA will use its present authority egon’s vast high desert landscapes. accomplishments with the Boy Scouts of to safeguard our loved ones from the risks of Through his many efforts over the years, America and for his efforts put forth in achiev- unregulated and untested dietary supple- Bob has emerged as a powerful spokesman ing the highest distinction of Eagle Scout. ments. Our families depend on it. for family ranchers and the rural way of life f f both in Oregon and across the nation. During EPHEDRA the early 1990’s, he led the effort to organize HONORING DAN HEINLEN, OHIO his neighbors in defense of grazing rights STATE’S NUMBER ONE ADVOCATE along the Owyhee River following an attempt HON. SUSAN A. DAVIS to eliminate grazing as a critical land manage- OF CALIFORNIA HON. PATRICK J. TIBERI ment tool. In the late 1990’s after the Steens IN THE HOUSE OF REPRESENTATIVES OF OHIO Mountain was proposed as a national monu- Thursday, November 6, 2003 IN THE HOUSE OF REPRESENTATIVES ment Bob teamed up with other ranchers, community leaders and me to find a solution Mrs. DAVIS of California. Mr. Speaker, with Thursday, November 6, 2003 the support of my colleagues, Representative that would ensure the sustainability of live- JIM GREENWOOD, Representative GREG WAL- Mr. TIBERI. Mr. Speaker, I am privileged to stock production on the mountain while pre- DEN, Representative HENRY WAXMAN and Rep- join with my fellow graduates of the Ohio State serving treasured resources. Bob was critical resentative SWEENEY, I rise today to introduce University from across the country in honoring to the establishment of the Steens Mountain a resolution calling on Health and Human Dan Heinlen, who is retiring from his post as Cooperative Management and Protection Services Secretary Thompson to remove die- head of the Ohio State University Alumni As- Area, which arose from legislation I introduced tary supplements containing ephedrine alka- sociation. in Congress—one of the most widely ap- loids from the marketplace. Dan’s outstanding work on behalf of the uni- plauded measures to affect eastern Oregon in Medical literature indicates that there is a versity and its students, staff and alumni has decades. connection between ephedra use and heart at- earned him the unofficial title of Ohio State’s Mr. Speaker, Bob enjoys a reputation as a tacks, strokes, seizures and death. The Amer- number one advocate. As President and CEO clear, cool head in discussions pertaining to ican Medical Association has long held that of the alumni association for the past 30 the cattle industry. He is effective precisely be- the risks associated with ephedra far outweigh years, he has seen the organization grow from cause of his ability to maintain a levelheaded any possible benefits and that the weight of 50 thousand members and a budget of less and respectful demeanor while tenaciously the available clinical evidence supports the re- than $1 million to one that now represents al- fighting for the interests of family ranchers. moval of dietary supplement products con- most 125,000 alumni worldwide with a budget Bob’s quiet, articulate and effective leadership taining ephedra from the market. of more than $6 million. has earned him the respect of many in Or- In addition, the FDA has received at least A 1960 Ohio State graduate, Dan has egon and throughout the West. Bob under- 16,500 reports regarding adverse experiences served in a wide variety of positions under six stands that we can preserve the ranching life- associated with ephedra use and 155 deaths university presidents. He is currently Secretary style and stand up for the hard-working people have been conclusively linked to ephedra. of the alumni association’s Board of Directors, who make their living off the land while im- But, after you wade through the reports and the Alumni Advisory Council and the Ohio proving the environment. Ranchers are, in understand the statistics, what it comes down State Student Loan Foundation, Inc. He is an fact, true stewards of the land and have been to is that individuals are being hurt by what ex officio member of the Ohio State University for many generations. they don’t know. Consumers don’t know that Foundation Board, its nominating committee, Bob has been recognized for his leadership dietary supplements on store shelves have not the University Trustees’ Government Affairs with a number of prestigious awards, among been tested for safety. They don’t know that and Outreach and Engagement Committees, them the 1997 Voice of the Industry Award of the ephedrine/caffeine combination that Balti- sits on the Academy for Distinguished Teach- the Portland Chamber Agriculture Industries more Orioles pitcher Steve Bechler used last ing Executive Council and chaired the 2002 Committee and the 2000 Salem Chamber Ag- spring was taken off of the shelves by the Ohio Presidents’ Inter-University Council riculture Star Award. Over the years, Bob has FDA as an over the counter drug, but it con- Alumni Advocacy Planning Taskforce. given back generously to his community by tinues to be available as a dietary supplement. Dan is a pioneer and one of the most re- donating his time and energy to various wor- I have heard from doctors whose busy days spected leaders in the field of alumni work, thy causes. He has served on numerous local are made more difficult by patients taking die- and is a frequent consultant to alumni associa- boards ranging from the county road board to

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS E2260 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2003 the local ambulance board. Bob has also de- through U.S. seaports and $646 billion was thorization bill for local communities, States voted much of his time to the young people of handled by our railroads. and the Federal Government to plan and build Malheur County as a 4–H leader. He further The volume of goods is projected to grow Goods Movement projects. These projects will shares both his love of flying and his Cessna nationally by 67 percent over the next two ultimately enhance local, regional, and State 182 to provide transportation for search and decades. This tremendous growth in inter- economies, and of course, the national econ- rescue personnel. I am proud to call Bob Skin- national trade will continue to place an in- omy. ner, Jr. my good friend and appreciate the op- creasingly heavy burden on our Nation’s sea- Finally, $1.5 billion a year or $9 billion over portunity to share his accomplishments over ports, trade corridors, highways and rail lines. the life of the reauthorization bill will be dedi- his long and distinguished career as an Or- Traffic congestion, delays, accidents, and cated to funding projects of National Economic egon cattle rancher. The cattle industry and freight transportation costs have increased as Significance. future generations of farmers and ranchers will a result. On a human level—our citizens are Throughout the country there are national continue to benefit from Bob’s dedication and spending more and more time stuck in traffic bottlenecks that congest our communities and willingness to go the extra mile on their behalf. instead of at home with their families. slow our national economy down. As we all I would be remiss if I failed to note Bob’s re- This is the history: know from experience, if there is a bottleneck markable family and all that they mean to him. Over the past 30 years our population has on the highway, traffic several miles away can Bob’s father, Bob Skinner, Sr. is an equally grown, our international trade has increased be affected. impressive man. He resides in Jordan Valley, and our congestion has worsened. For exam- If the type of gridlock that I just described too, and has a distinguished leadership back- ple, in 1970, trade was 12 percent of U.S. happens and goes unchecked, it will affect an ground similar to his son’s. Bob Sr. was a gross domestic product (GDP). Today, it is entire region and the entire country and ulti- former national committee member of the Pub- over 25 percent. Since 1970 the population of mately our economy and the livability of our lic Lands Council and a Past President of Or- the U.S. has grown by 40 percent. At the communities. egon Cattlemen’s Association. I am fortunate same time, the number of registered vehicles These are projects located throughout the to call Bob Sr. and his wonderful wife Sara my has increased by 100 percent while our road country that are ‘‘ready to go’’ major invest- good friends. Bob Jr.’s wife, Karen, is likewise capacity has increased by only 6 percent! ments in the national transportation infrastruc- By the year 2020, shipment of containerized deserving of considerable praise. She is Bob’s ture. By funding these projects we will be stim- cargo moving in and out of the U.S. will in- partner in success and travels great distances ulating the national economy while investing in crease by more than 350 percent. to dedicate herself to her community and in- By the year 2020, total domestic tonnage of the long-term health of our national transpor- dustry. Together Bob and Karen have raised freight carried by all U.S. freight systems will tation infrastructure. This legislation, like the entire transportation four children, Robbin, Kimberly, Silas, and Mi- increase by at least 67 percent and inter- reauthorization bill, is an economic stimulus chael, who have given the Skinners six be- national trade will increase by nearly 100 per- package. For every billion dollars invested in loved grandchildren, Nicholous, Kirk and Birch, cent. Kasen, Regann, and Kort. In the summer of The transportation reauthorization bill is the public transportation infrastructure, 47,000 2002, I had the privilege of spending the night perfect opportunity for us to address these jobs are created. in Jordan Valley with the entire family and had pressing transportation infrastructure needs. I ask my colleagues to strongly support this a wonderful time getting to know the extended TEA–21 began to address Goods Movement legislation as part of the transportation reau- Skinner clan. Together they truly exemplify the issues with the creation of the Borders and thorization bill. Join me and support The dedicated, hard-working and fun-loving Amer- Corridors Program. But we need to take this Goods Movement Projects of National Eco- ican family. need further during this reauthorization bill. nomic Significance. Mr. Speaker, I ask that my colleagues join Funding for the Borders and Corridors pro- f me in congratulating this extraordinary man gram was far from adequate. This new legisla- and great American, Bob Skinner, Jr. I would CRUSADE 4 CHARACTER: tion encourages communities and regions to CHARACTER FIRST IN HAMBURG like to thank Bob personally for all he has develop comprehensive programs and plans done for the people of Malheur County, the that address the goods movement issues of Second District, and the State of Oregon—es- our transportation infrastructure. HON. JACK QUINN pecially those Westerners who make their liv- This legislation recognizes that we must OF NEW YORK ing off the land. I wish Bob, his wife Karen have a dedicated source of funding to ensure IN THE HOUSE OF REPRESENTATIVES and their entire family all the best in future en- that goods movement and projects of eco- Thursday, November 6, 2003 deavors. nomic significance can be built and that these Mr. QUINN. Mr. Speaker, this evening in my f projects contribute to the overall efficiency of hometown of Hamburg, NY representatives of the national transportation infrastructure. As GOODS MOVEMENT PROJECTS OF all facets of the community will gather to con- we continue the dialog of reauthorizing the NATIONAL ECONOMIC SIGNIFI- duct a ‘‘Town Meeting’’ to discuss the transportation bill, the Goods Movement CANCE (H.R. 3398) progress and future of Character First in Ham- Projects of National Economic Significance burg. needs to be a part of that conversation. HON. JUANITA MILLENDER-McDONALD This is what we must do: Character First in Hamburg is made up of OF CALIFORNIA Goods Movement Projects of National Eco- numerous community leaders, who over the IN THE HOUSE OF REPRESENTATIVES nomic Significance will do the following: It will past two years, have put into place activities in support of good character throughout the Thursday, November 6, 2003 provide $3 billion per year to a Goods Move- ment Program. town with a mission to create a culture of Ms. MILLENDER-McDONALD. Mr. Speaker, This legislation separates the Borders and character in Hamburg. I want to bring to the attention of this Con- Corridors Program and creates one strong I had hoped to participate as a keynote gress, legislation that I recently introduced. Corridor and Gateway Program. Corridor speaker for this community update where, The Goods Movement Projects of National projects represented 95 percent of the project along with defensive back and special teams Economic Significance is legislation that ad- requests for the Borders and Corridors pro- player Coy Wire of the Buffalo Bills and Char- dresses some of our Nation’s most pressing gram. acter First President Suzanne McKenney, con- transportation and economic needs. My legislation focuses our resources on cerned residents will hear the results of two This is the problem: projects and initiatives that promote the safe, years of Character First and highlights of the How freight moves through our communities secure and efficient mobility of goods and on culture of character gaining momentum in the is an important issue with far reaching implica- the immediate and long-term needs of our community. tions. Goods movement is the driving force of transportation infrastructure. Suzanne McKenney has been tireless in her our Nation’s economy. This is a State issue, a This legislation combines and enhances ele- extensive efforts over the last two years to Federal issue and it is an issue that directly ments of two highly successful transportation bring Character initiatives to the business affects the communities in which we live. programs. This program uses the criteria from community, civic community, education com- According to the Federal Highway Adminis- the Corridors program and combines it with munity, faith community, government commu- tration, $7.4 trillion in goods were moved on the fiscal responsibility of the full funding grant nity and media community. Working with a the Nation’s highway system in 1998, directly agreement of the transit New Starts Program. well established Board of Directors and Com- employing 10 million people. In 2000, $706 bil- Specifically, this program provides $1.5 bil- mittee Chairs there is a true emphasis upon lion in international merchandise trade flowed lion a year, $9 billion over the life of the reau- creating a culture of character in Hamburg.

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E2261 Coy Wire is an outstanding example to the Mr. Speaker, I proudly ask you to join me in It is this kind of amazing resolve that has Hamburg community. His Coy Wire Founda- commending Stephen Older for his accom- defeated our enemies and has kept the United tion has been established to promote edu- plishments with the Boy Scouts of America States strong. I am pleased for the opportunity cation and character building with initiatives and for his efforts put forth in achieving the to thank Warrant Officer Campbell and his fel- that encourage spiritual awareness. Coy has highest distinction of Eagle Scout. low veterans for dedicating their lives to pro- shown by example the positive and uplifting f tect our freedoms and our liberties. impact of an individuals emphasis on char- Now that we are about to observe another acter. VETERANS DAY 2003 Veterans Day, I ask my colleagues to seri- Tonight’s Town Meeting theme, Crusade 4 ously consider what we owe to them. Are we Character, underscores the assembled com- HON. SUSAN A. DAVIS repaying the debt? munity’s belief that the concept of good char- OF CALIFORNIA Mr./Madam Speaker, I strongly believe we acter has gained widespread support through- IN THE HOUSE OF REPRESENTATIVES could improve our treatment of our greatest out the town. Thursday, November 6, 2003 heroes. There literally are signs of character every- Just recently, we have had the opportunity where in the Town of Hamburg. My good Mrs. DAVIS of California. Mr. Speaker, to increase funding for Veterans’ Affairs health friend and restaurateur Mike DiPaolo has initi- throughout our history, the freedom we enjoy care. Unfortunately, though veterans nation- ated character recognition awards for his em- has faced serious threats time and time again. wide expressed their strong support, we failed ployees at Illo DiPaolo’s restaurant; Our local But because our courageous military per- to provide VA health care with the increase it community newspaper The Sun has shared sonnel were willing to go into battle and risk needs. We all know in this body that the these employees’ stories and other examples all they had, our independence and our lib- health care system veterans rely upon will go of character with the community. Places of erties have remained strongly intact for over under funded in 2004 because we did not act worship throughout Hamburg have promoted 200 years. properly. character traits on bulletin boards, bulletins It is crucial that we take time to pay tribute We currently have another opportunity be- and newsletters. Character displays have to those responsible for our freedoms and I fore us, Mr./Madam Speaker, to end what has been placed throughout school buildings and am proud to stand on the House floor today— come to be known as the Disabled Veterans there have been dedicated efforts by students as Veterans Day draws close—to recognize Tax. I remain hopeful that during the 108th and teachers to recognize good character America’s 25 million living veterans and their Congress, we can pass strong concurrent re- traits. There has been local government sup- fallen brothers and sisters. ceipt legislation and provide the veterans who port by resolution in the Town of Hamburg and In Congress, I am honored to serve over have made the most unimaginable sacrifices the Villages of Blasdell and Hamburg. The 61,000 military veterans from California’s 53rd with both the disability and retirement pay- Hamburg Town Board has initiated character Congressional District. It is truly a privilege to ments they earned and deserve. recognition at public meetings and last but not represent so many of America’s greatest he- I am afraid that any proposal that provides least the Civic Community has generated vol- roes and to spend so much time working on concurrent payments to only a small portion of unteers to assist in the coordination of char- their behalf. veterans is not good enough. I ask my col- acter initiatives throughout the community. As I meet with my veterans, I am always leagues to speak directly to their veterans These are but a few of the many community amazed with their stories and to learn about about this issue and let them decide what kind wide efforts to encourage residents of Ham- their heroics on the battlefield. of legislation will be fair for their brothers and burg to embrace good character. Just last month, I heard from a constituent, sisters. Mr. Speaker, today I would like to join with who as a young man, enlisted in the Army in Finally, Mr./Madam Speaker, I would just the founders and supporters of Character First 1941 and was immediately sent to the South like to take a moment to reiterate my dedica- as they examine their past and look toward Pacific to fight the Japanese in World War II. tion to our Nation’s retired military personnel. the future. I would encourage my colleagues His name is Chief Warrant Officer Michael We can never take for granted the sacrifices to raise the awareness of good character in Campbell, and now 86 years old, he lives in our brave men and women in uniform have their community. Our nation will only grow San Diego with his wife, Priscilla. Mr. Camp- made on our behalf. stronger when individual citizens embrace bell’s experiences illustrate what millions of f character within their own lives. our veterans had to endure when they were HONORING DALE K. OUZTS FOR f sent to war. The Army deployed him to a region where HIS CAREER ACHIEVEMENTS RECOGNIZING STEPHEN OLDER the fighting was extremely intense and the FOR ACHIEVING THE RANK OF Japanese inflicted severe casualties on our HON. PATRICK J. TIBERI EAGLE SCOUT soldiers and took many as prisoners. OF OHIO Warrant Officer Campbell fought coura- IN THE HOUSE OF REPRESENTATIVES geously as both a rifleman and a machine HON. SAM GRAVES Thursday, November 6, 2003 OF MISSOURI gunner in the Philippines, but in 1942, his unit IN THE HOUSE OF REPRESENTATIVES was captured and he too was taken as a Pris- Mr. TIBERI. Mr. Speaker, it is a privilege to oner of War. recognize Dale K. Ouzts for a legacy of distin- Thursday, November 6, 2003 This brave young soldier spent the next guished service to The Ohio State University Mr. GRAVES. Mr. Speaker, I proudly pause three years in the harshest conditions you can and the people of Ohio. Dale is retiring after to recognize Stephen Older, a very special imagine. He was transferred to several dif- 24 years at Ohio State, including 23 as Gen- young man who has exemplified the finest ferent internment camps and was forced to eral Manager of the WOSU Stations and Di- qualities of citizenship and leadership by tak- perform slave labor in a steel mill building sup- rector of The Ohio State University Tele- ing an active part in the Boy Scouts of Amer- plies for the Japanese Army along side hun- communication Center. His hard work, enthu- ica, Troop 395, and in earning the most pres- dreds of other allied soldiers. siasm, and leadership have contributed im- tigious award of Eagle Scout. By the time the war had come to an end mensely to the quality of life in Central Ohio. Stephen has been very active with his troop, and he was liberated, Warrant Officer Camp- Dale’s accomplishments place him high atop participating in many scout activities. Over the bell felt lucky to have his life. Hundreds of his the list of Who’s Who in public broadcasting. six years Stephen has been involved with brothers who were taken prisoner starved to Notable undertakings during his long career scouting, he has earned 28 merit badges and death or died from other causes. include the Chairmanship of the Board of Di- has held numerous leadership positions, serv- It took several weeks of medical care in a rectors of National Public Radio, a position as ing as Assistant Senior Patrol Leader, Assist- San Francisco military hospital before Mr. the Executive Vice President and General ant Patrol Leader, Patrol Leader, Senior Patrol Campbell could recover from what he had ex- Manager of KPTS–TV in Wichita, Kansas, a Leader, and Troop Guide. Stephen is also a perienced. lecturer at the Beijing Broadcasting Institute in Tom-Tom Beater in the Tribe of Mic-O-Say. However—despite what he had endured— Beijing, China, and a consultant for the U.S. For his Eagle Scout project, Stephen de- this courageous young man quickly reenlisted Information Agency to help Romanian broad- signed, implemented, and installed a stone re- in the Army and dedicated another 30 years to casters transition to Capitalism. taining wall at the Pine Ridge Presbyterian his Nation. He said he did this because he Perhaps more impressive than Dale’s Church. He oversaw almost forty scouts and loved the military and loved serving his coun- lengthy re´sume´ of achievements is the impact adults during the month long project. try. his hard work and service have had in our

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS E2262 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2003 community. As the general manager of the Administrations as the State Executive Direc- free and flourishing nation that draws people WOSU stations, Dale was responsible for the tor for the Agriculture Stabilization and Con- with dreams and aspirations from all over the addition of more than four new stations and servation Service, now known as the Farm world. the expansion of the listening area. He is also Service Agency. In this prestigious position he Ed Seder and his family have achieved be- the founding member and first Board Presi- had the opportunity to help preserve and pro- cause they worked at it. He’s the kind of per- dent of the Ohio Public Broadcasting Alliance mote American agriculture while working with son who found solutions to problems because and Public Radio in Mid-America. Dale is a farmers to implement programs to conserve he looked for them and then he worked at board member and past president of the Ohio land and water resources. them. When Ed Seder tells you something, Educational Television Stations and Ohio Pub- After his term as State Executive Director of you can take it to the bank. lic Radio. He has helped to educate tomor- the Oregon Farm Services Agency, Glen If you think about what you ought to do for row’s leaders as a professor of Communica- brought his knowledge of the West to Wash- other people, your character will take care of tions and Journalism at The Ohio State Uni- ington, D.C., where he worked as the Legisla- itself. Ed Seder is a man of character. He has versity. Finally, Dale is a co-founder and past tive Director for Congresswoman Helen spent his lifetime working for and in his com- Chairman of Kids Voting Ohio, a past presi- Chenoweth of Idaho. During his tenure work- munity. As a result, Norwich, Connecticut is a dent of the Dublin/Worthington Rotary Club, ing on Capitol Hill, my staff worked closely better place to live, work and raise a family and a member of the Columbus Zoo Board. with him on a number of issues impacting the thanks to Ed Seder. Happy birthday, Ed. Dale’s work has been honored at the high- cattle and ranching industry. f est levels of the industry. His commendations For the last six years, Glen has served as include National Public Radio’s highest award the Executive Director of the Oregon Cattle- PUBLIC SAFETY INTEROPER- for distinguished service, the Edward Elson men’s Association, working to protect the ABILITY: CAN YOU HEAR ME Award. His contributions to broadcasting have ranching way of life. Glen has been a tireless NOW also been recognized by Public Radio in Mid- advocate for rural issues ranging from private America, the National Black Programming property rights to water rights. He is also HON. LINDA T. SA´ NCHEZ Consortium, the International Dictionary of Dis- called upon frequently to advise groups on OF CALIFORNIA tinguished Leadership, and the Ohio Edu- natural resource issues and provide assist- IN THE HOUSE OF REPRESENTATIVES cational Broadcasting Association. ance in working with the federal government. Thursday, November 6, 2003 Mr. Speaker, Dale Ouzts has set a standard Mr. Speaker, I ask that my colleagues join ´ for professional achievement and community me in congratulating Glen Stonebrink on the Ms. SANCHEZ of California. Mr. Speaker, I involvement that few can match. I’m proud to many achievements that mark his long and would like to commend Chairman SHAYS and join his family, friends and others in our com- impressive career. I am grateful for all that he Ranking Member KUCINICH for calling this im- munity in thanking him for his many years of has done on behalf of the people of Oregon portant hearing on Public Safety Interoper- exemplary service. and the people of the rural West. I wish Glen, ability. Earlier this year, I met with Fire Sta- f Loydee and their entire family all the best in tions and Police Departments in my district. their future endeavors. Each one of them highlighted the need for a TRIBUTE TO GLEN STONEBRINK f communications system that would allow law enforcement, fire fighters, and other first re- HON. GREG WALDEN HONORING MR. ED SEDER ON HIS sponders to talk to one another. OF OREGON 90TH BIRTHDAY To this end, the Los Angeles County Fire IN THE HOUSE OF REPRESENTATIVES Department with minimal resources and funds initiated an interoperability communications Thursday, November 6, 2003 HON. ROB SIMMONS OF CONNECTICUT pilot program, known as the Los Angeles Re- Mr. WALDEN of Oregon. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES gional Tactical Communication System today to pay tribute to Mr. Glen Stonebrink, on (LARTCS). This system enables various agen- the occasion of his retirement. During his long Thursday, November 6, 2003 cies to directly speak to another on one chan- and distinguished career, Glen has committed Mr. SIMMONS. Mr. Speaker, every commu- nel for both short-term and long-term inci- his energy and efforts to making both his com- nity has certain individuals who define it. dents. munity and the State of Oregon better places These are people who, by virtue of their char- The pilot program only serves a portion of to live. Glen’s accomplishments range from acter and commitment, make the community a the County, while the Los Angeles County Fire educating our young people to advocating on better place in which to live and work. Department provides services to 58 munici- behalf of rural Americans, two pursuits that he In my district, Connecticut’s Second District, palities and spans a 3,000-mile radius. This in- has approached with selfless dedication. His in the city of Norwich, Ed Seder is such an in- cludes dense, rural, and remote suburban commitment, spirit and devotion to his fellow dividual. Ed recently celebrated his 90th birth- areas. citizens have been his most defining trait over day. I have been friends with Ed for many The LARTCS has already proven to be a the years, and I am proud to call Glen and his years. For decades he has been a pillar in the success, particularly in the southern California wonderful wife, Loydee, my friends. Norwich business community and he rep- wildfires. According to the Los Angeles County As a high school teacher at Yamhill Carlton resents the city’s rich industrial past. Assistant Fire Chief, Eric Ekeberg, ‘‘the fires High School and then as a college professor Ed projects a vibrant energy and continues hit the region really hard, but it could have at Linfield College, Glen devoted his energy to be involved with the community, proving been a lot worse if the communication system and talent to training a new generation of Or- that although we can’t help growing older we was not in place.’’ egonians in math, physics, and computer don’t have to get old. As an old saying informs I commend the foresight and dedication of science. It is perhaps Glen’s dedication and us, ‘‘You know you’re getting old when the the Los Angeles County Fire Department and devotion to the young people he instructed candles cost more than the cake.’’ Ed is not all participating agencies that includes law en- that will serve as his most enduring legacy. quite there yet. forcement, EMS, and other first responders for As many of my colleagues know, the West The Seder family owns the second oldest establishing this pilot program. Amazingly, this is known for its stunning natural beauty, fertile family business still in existence in Norwich— system was put in with minimal funds. soil and lush timberlands. We owe a debt of Shetucket Paper and Supply. The business This successful pilot program proves that gratitude to those individuals who devote was established in 1918 and Ed still works Congress needs to do more to fund interoper- themselves to protecting our national treas- there. Ed has been active in the community ability systems, whether it is through additional ures while preserving the farming and ranch- for many years—he served on the city school FEMA grants or cutting the red tape, so that ing way of life for future generations. Growing board and in the 1960s he was a member of the first responders of LA County, and multiple up on his family’s wheat and cattle ranch in the Norwich City Council. counties throughout California and the nation, the high country of Wallowa County, Glen Throughout his adult life he has had the can talk to one another. learned firsthand the importance of balancing support and love of his wonderful wife Lillian We need to do more to protect our public these interests while working to protect the and their three children. servants as well as the general population. values of rural Oregonians. How do folks keep a business thriving for so Therefore, I look forward to the testimonies of Glen’s real world understanding and edu- many years? The answer is simple—they work the witnesses who might shed some light on cation in natural resource issues led to his ap- at it. That’s the old-fashioned concept of hard this salient issue, not just for first responders, pointment under both the Reagan and Bush work that made America what it is today—a but all Americans.

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E2263 Again, I would like to thank the Chairman Over 200 soldiers from my district are cur- Finally, as we honor Ms. McCullum today, I and Ranking Member for holding this very im- rently serving in the Middle East, with many want to thank her for being an exemplary role portant hearing. more in the National Guard and Reserve who model, administrator, and teacher. I take great f have been called up to serve their country at pride in joining the students of Oakland, Ms. different places across the world at this time. McCullum’s family, friends and colleagues to TRIBUTE TO ALAMEDA COUNTY Mr. Speaker, I would like to salute the vet- recognize and salute the accomplishments VETERANS, 50TH ANNUAL VET- erans from my district who are being honored and contributions of B. Joyce Garret McCullum ERANS DAY PARADE this weekend and who have served in the and wish her an exciting and gratifying retire- major conflicts of our time from World War II ment. HON. FORTNEY PETE STARK to Vietnam to the first Persian Gulf . . . they f OF CALIFORNIA include Gloria Bell, Peter Thurland, Juan Cruz, IN THE HOUSE OF REPRESENTATIVES Earl Morris, Olaf Jackson, Evelyn Crittenden, RECOGNIZING THOMAS M. REEDY FOR ACHIEVING THE RANK OF Thursday, November 6, 2003 Agnes Day Henry, Edgar Iles, Nevlin Williams EAGLE SCOUT Mr. STARK. Mr. Speaker, I rise today to and Otto Tranberg. Mr. Speaker, this year, it is important that honor Veterans Day on November 11, 2003 our soldiers in the field, our veterans and their HON. SAM GRAVES and to pay tribute to the veterans in Alameda families all know that we appreciate their sac- OF MISSOURI County, California. As we pause to remember rifice and that this body pledges to support IN THE HOUSE OF REPRESENTATIVES the valiant men and women who have nobly them in the best way that we possibly can. served our country, I join the Alameda County Thursday, November 6, 2003 Veterans’ Affairs Commission and the city of f Mr. GRAVES. Mr. Speaker, I proudly pause Hayward to commemorate Alameda County’s HONORING JOYCE MCCULLUM to recognize Thomas M. Reedy, a very special 50th Annual Veterans Day Parade. young man who has exemplified the finest The Alameda County Veterans’ Affairs Com- HON. BARBARA LEE qualities of citizenship and leadership by tak- mission is a diverse group of men and women ing an active part in the Boy Scouts of Amer- OF CALIFORNIA who stand together with the same discipline ica, Troop 175, and in earning the most pres- and patriotism and the same values and un- IN THE HOUSE OF REPRESENTATIVES tigious award of Eagle Scout. common valor that they fostered in the battles Thursday, November 6, 2003 Thomas has been very active with his troop, they fought for our nation. Last year’s pro- Ms. LEE. Mr. Speaker, I rise today to honor participating in many scout activities. Over the gram, Honoring All Who Served, stated, ‘‘as a great woman and public educator, Ms. seven years Thomas has been involved with long as there are men and women in uniform, Joyce McCullum, for her 36 years of dedicated scouting, he has held numerous leadership stationed across the world, there will be a educational service to the community. Today, positions, serving as Troop-Patrol Leader and body of veterans’ organizations defending and Ms. McCullum retires from her position as a Instructor. Thomas is also a Brave in the Tribe upholding the rights of our fighting men and teacher and administrator in the Oakland Uni- of Mic-O-Say and participated in High Adven- women.’’ I commend their tireless efforts. fied School District in California. ture. This year, the Commission has again taken B. Joyce Garrett McCullum was born to For his Eagle Scout project, Thomas built, the charge to prepare and promote the annual Willie Garrett and Rosa M. Jones in Pineland, stained, and installed sturdy oak bunk ladders Veterans Day Parade ceremonies. I join them Texas. She graduated from Vernon High for the Rotary Camp in Lee’s Summit, Mis- in honoring our veterans and in dedication to School in Leesville, Louisiana, and earned a souri, where Thomas went on his first official world peace. bachelor’s degree in vocal music education campout as a Boy Scout. f from Southern University in Baton Rouge, Mr. Speaker, I proudly ask you to join me in commending Thomas Reedy for his accom- VETERANS Louisiana. She was then appointed to a Ford Foundation Fellowship and received a mas- plishments with the Boy Scouts of America and for his efforts put forth in achieving the HON. DONNA M. CHRISTENSEN ter’s degree in music from Holy Names Col- lege in Oakland, California. highest distinction of Eagle Scout. OF VIRGIN ISLANDS In September, 1967, Joyce McCullum began f IN THE HOUSE OF REPRESENTATIVES her educational career with the Oakland Public PERSONAL EXPLANATION Thursday, November 6, 2003 Schools as a teacher at Lockwood Elementary Mrs. CHRISTENSEN. Mr. Speaker, as we School, and continued at Hoover Jr. High, Lowell Jr. High, Roosevelt Jr. High, and HON. SHEILA JACKSON-LEE approach our annual celebration of Veteran’s OF TEXAS Day, this year we do so in the knowledge that Marcus A. Foster Middle School. She served IN THE HOUSE OF REPRESENTATIVES our brave fighting men and women and those as an administrator at Marcus Foster Middle who support their efforts, are in the field in School, Hoover Elementary School, E. Morris Thursday, November 6, 2003 Iraq, in Afghanistan and in Guatanamo Bay, Cox Elementary, and then taught some more Ms. JACKSON-LEE of Texas. Mr. Speaker, right now in defense of our country and our at Havenscourt Jr. High and Verdess R. Car- on November 4, on rollcall vote No. 603, H. freedoms. ter Middle School. Con. Res. 94, Sense of Congress that com- Mr. Speaker, all of our veterans have Ms. McCullum was predeceased by the late munity inclusion and enhanced lives for indi- served with distinction and deserve the bene- Reverend James T. McCullum, Sr., Pastor of viduals with mental retardation or other devel- fits that they have earned. That’s why it is im- New Hope Baptist Church for 32 years. She is opmental disabilities is at serious risk because portant that we invest in their health care and also the proud stepmother of James T. of the crisis in recruiting and retaining direct we ensure there is more than enough funding McCullum, Jr., and grandmother of four grand- support professionals which impedes avail- for the VA clinics and hospitals across the children, and a surrogate mother to many. ability of a stable workforce; I was detained in country so that our veterans of wars past and Joyce has been Director of Youth at New my district on official business, and I would wars present can be well cared for. Hope Baptist Church, part of the Home and have voted ‘‘aye.’’ Mr. Speaker, that is why our veterans de- Foreign Mission District Association, and youth On November 4, on rollcall vote No. 602, H. serve to have their tax burdens lifted, including counselor for the California State Baptist Con- Con. Res. 176, Supporting the goals and the disabled veterans tax. They deserve to vention, Inc. Youth and Young Adult Auxiliary. ideals of Financial Planning Week; I was de- enjoy tax relief such as the child tax credit and She has been actively involved in commu- tained in my district on official business, and they deserve to have their pay increased es- nity services, having served as a life member I would have voted ‘‘aye.’’ pecially at this time, when they are being of the NAACP, as President of the Oakland On November 5, on rollcall vote No. 609, asked to sacrifice so much. Alliance of Black School Educators, a life H.R. 3365, Fallen Patriots Tax Relief Act; I Mr. Speaker, the veterans of the U.S. terri- member of the National Association of Negro was detained in my district on official busi- tories, who have served in many wars with Musicians (NANM) and the Golden Gate ness, and I would have voted ‘‘aye.’’ distinction, despite not being able to vote for Branch of NANM. She is also a member of the On November 5, on rollcall vote No. 608, president and not having voting representation Alpha Kappa Alpha Sorority, Inc., Alpha Nu H.R. 3214, Advancing Justice Through DNA in Congress, are also in need of increased Omega Chapter, the Oakland Education Asso- Technology Act; I was detained in my district health benefits, tax relief and access to busi- ciation, United Administrators of Oakland, and on official business, and I would have voted ness and other opportunities. the Oakland Music Educators Association. ‘‘aye.’’

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS E2264 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2003 On November 5, on rollcall vote No. 607, chael S. Boggs, CEO of Coliseum Health Sys- President of Stihl Inc.; Richard N. Fine, H.R. 2620, Trafficking Victims Protection Re- tem; Ulis Williams, President of Compton M.D., Pediatrics Chairman of Stony Brook authorization Act of 2003; I was detained in Community College; Russ Owen, President— University Hospital; Michael J. Kaczenski, Global Infrastructure Services of Computer President/CEO of Sun East Federal Credit my district on official business, and I would Sciences Corporation; Michael G. Morris, Union; Curt A. Cecala, CEO of TCT Federal have voted ‘‘aye.’’ Chairman, President, and CEO of Con- Credit Union; On November 5, on rollcall vote No. 606, necticut Light & Power Company; Gloria M. Mr. Robert Allen, President and CEO of H.R. 2559, Military Construction Appropria- Harrison, President of Crafton Hills College; Teachers Federal Credit Union; Betty G. Ricky D. Napper, President and CEO of tions Act, 2004; I was detained in my district Hobbs, President and CEO of Tennessee on official business, and I would have voted Crittenden Health Systems; Michael B. Kitchen, President and CEO of CUNA Mutual Teachers Credit Union; Dr. Priscilla D. ‘‘aye.’’ Slade, President of Texas Southern Univer- On November 5, on rollcall vote No. 605, Group; William D. Petasnick, President and CEO of Froedtert and Community Health; sity; Charles V. Wait, Chairman, President H.J. Res. 76, Further continuing appropriations Dana Tindall, Senior Vice President, Legal, and CEO of The Adirondack Trust Company; for FY 2004, and for other purposes; I was de- Regulatory and Government Affairs of GCI Bill Yoh, Regional President of The Day & tained in my district on official business, and Communications; Bob Richard, Lexan Oper- Zimmermann Group, Inc.; William S. I would have voted ‘‘aye.’’ ations Manager of GE Plastics—Mount Stavropoulos, Chairman of The Dow Chem- On November 5, on rollcall vote No. 604, Vernon; Jeffrey L. Bleustein, Chairman and ical Company; Jim Yates, Vice President and H.R. 2443, DEFAZIO of Oregon Amendment; I CEO of Harley-Davidson, Inc.; Scott General Manager of The Gas Company of Ha- was detained in my district on official busi- Kaulukukui, Vice President of Marketing of waii; Stephen S. Mills, President and CEO of ness, and I would have voted ‘‘aye.’’ HawaiiUSA Federal Credit Union; Dr. The New York Hospital Queens; Mike Pierce, Darnell Cole, President of Milwaukee Area CEO of TLC Federal Credit Union; Robert P. f Technical College; Dr. Julio S. Leon, Presi- Randall, President and CEO of TRACO; Bill IN HONOR OF CIVICALLY-CON- dent of Missouri Southern States College; Leaver, President and CEO of Trinity Med- SCIOUS LOCAL ORGANIZATIONS Dr. Earl S. Richardson, President of Morgan ical Center; John Gisler, President and CEO State University; Marvin R. O’Quinn, Execu- of Twin City Co-ops Federal Credit Union; C. tive Vice President of the Western Region of Lance Terry, Senior Vice President of TXU HON. ROBERT E. ANDREWS Morristown Memorial Hospital; Electric and Gas; Susan V. Juris, Vice Presi- OF NEW JERSEY Harold E. Anderson, President and CEO of dent of University Hospitals Home Care Moses Taylor Hospital; The Reverend Dr. IN THE HOUSE OF REPRESENTATIVES Services, Inc.; Gwen Stafford, Vice President Samuel Berry McKinney, Pastor Emeritus of Corporate Services of University Medical Thursday, November 6, 2003 and Louise J. McKinney of Mount Zion Bap- Center; Dr. M.R.C. Greenwood, Chancellor of tist Church of Seattle; Dr. Dennis Joslin, University of California—Santa Cruz; Dr. Mr. ANDREWS. Mr. Speaker, Thomas Jef- President, Nebraska Methodist College of Nancy Cantor, Chancellor of University of Il- ferson, author of the Declaration of Independ- Nebraska Methodist Hospital; Dr. Rosalie M. linois @ Urbana-Champaign; Ron Applbaum, ence and a passionate believer in education Mirenda, President of Neumann College; President of University of Southern Colo- Fred W. Beaufait, President of New York as the cornerstone of democracy, once wrote, rado; ‘‘If a nation expects to be both ignorant and City College of Technology; Seymour Stern- free in a state of civilization, it expects what berg, Chairman, President, and CEO of New Loren W. Crabtree, Provost of University never was and never will be.’’ James Madison, York Life Insurance; Mark C. Anderson, of Tennessee @ Knoxville; William S. President of Niagara Area Credit Union; Tom Stavropoulos, Chairman, President and CEO known as the ‘‘father’’ of the Constitution, Rowland, Executive Vice President and Gen- of The Dow Chemical Company; Harry R. wrote, ‘‘A well-instructed people alone can be eral Manager of North Central Telephone Jacobson, M.D., Vice Chancellor for Health permanently a free people.’’ Coop; Kay Stewart, President of North East Affairs of Vanderbilt University Medical Conscientious Americans in our private sec- Texas Credit Union; John A. Noer of North- Center; Hubert H. Hoosman, Jr., President tor, some of whom are in my congressional ern States Power Co. Combustion and and CEO of Vantage Credit Union; Lee D. district, have heeded this message of Jeffer- Hydorgeneration; Dan DiMicco, President Meyer, President of Variform Inc; Jane G. son and Madison. They have joined the effort and CEO of Nucor Corporation; Daniel R. Watkins, President and CEO of Virginia Moss, President and CEO of Oakland Catho- Credit Union, Inc.; Frank E. Berrish, Presi- of the Committee for Citizen Awareness lic Credit Union; Marvin R. O’Quinn, Execu- (CCA), a not-for-profit organization that pro- dent and CEO of Visions Federal Credit tive Vice President of the Western Region of Union; Sara Swee, Director of Corporate vides free award winning civic videotapes to Overlook Hospital; Dr. Edward Tomezsko, Communications of Watson Pharma- all our high schools, community colleges, com- Campus Executive Officer of Penn State ceuticals, Inc.; Timothy R. Thyreen, Presi- Delaware County; munity access cable television stations and to dent of Waynesburg College; Larry Weyers, many libraries across the country. Over 30 Dr. Davie Jane Gilmour, President of Pennsylvania College of Technology; J. Ste- President and CEO of WPS Resource Cor- million students and countless others have ven Whisler, CEO of Phelps Dodge Corpora- poration; Robert Essner, President and CEO seen these civic videotapes. tion; Dr. E. Grace Pilot, Co-Founder of Pilot of Wyeth; Borgess Health Alliance, Inc.; Some of our country’s most notable citizens Catastrophe Services, Inc.; Robert ‘‘Buzz’’ W. Community & Mission Hospitals of Hun- are participating in this effort. They include Trafford, Managing Partner of Porter Wright tington Park; Cornell Companies, Inc.; Dana Secretary of State Colin Powell, Supreme Morris & Arthur; William Cavanaugh, Presi- Corporation; East Jefferson General Hos- Court Justice Ruth Bader Ginsburg, Constitu- dent and CEO of Progress Energy; Robert F. pital; Fluor Corporation; Fort Bliss Federal tional author Caroline Kennedy, and CBS chief Bregler, Executive Vice President of Publix Credit Union; Washington correspondent and anchor of Employees Federal Credit Union; Dr. Rodney Franklin Regional Medical Center; Good- D. Smith, President of Ramapo College of Face the Nation Bob Schieffer, to name a few. rich Company; Hillcrest Baptist Medical New Jersey; Hal Chilton, CEO of Redding Center; Household International; Jamestown We are all indebted to the Americans in our Medical Center; Alan C. Henderson, Presi- private sector who are undertaking this impor- College; Kishwaukee Community Hospital; dent and CEO of Rehab Care Group; Steven Lower Bucks Hospital; Memorial Hermann tant civic effort. I think the hundreds of my col- L. Henderson, CEO of Rice Medical Center; Healthcare System; Midway Hospital Med- Jeff H. Farver, President and CEO of San An- leagues who have also personally participated ical Center; Mount Sinai School of Medicine; tonio Federal Credit Union; Steven Fellows, in this civic activity would agree that our coun- Murray State College; North Central Michi- President of San Gabriel Valley Medical Cen- try’s civic knowledge and, as a result, our free- gan College; Paradise Valley Hospital/Van- ter; Richard Villareal, Financial Education dom has been strengthened by the work of guard Health Systems; Porter Adventist Representative of San Mateo Credit Union; the CCA and the following contributing organi- Richard P. Meduski, CEO of Savings Bank of Hospital; Ripon College; Rockwell Automa- zations: Manchester; Dr. Rick Rogers, President of tion—Power Systems; Royal Ordnance North Tara Houser, Public Relations Manager of Shelton State Community College; America, Inc.; ServiceMaster; Sharp Memo- Boyd Collection, Ltd.; Dr. Millicent M. Deborah A. Trapani, President and CEO of rial Hospitals; South Texas Health System; Valek, President of Brazosport College; Sierra Point Credit Union; Jonathan J. Southern Regional Health System; South- Thomas Schmidt, President of Carl Sandburg Lerner, Esquire of Skadden, Arps, Slate, west General Hospital; Spalding University; College; J. Anthony Rose, President and CEO Meagher & Flom; Ronald S. Owen, CEO of St. Anthony Hospital; State University of of CATAWBA Valley Hospital Medical Cen- Southeast Alabama Medical Center; Dr. Bar- New York at Buffalo; Syngenta Crop Protec- ter; Dr. Mark John Tierno, President of bara J. Crittenden, President of South- tion; The Ohio State University—Lima; Cazenovia College; Dr. David H. Roe, Presi- western Community College; Dr. Thomas E. Tillamook People’s Utility District; Univer- dent of Central College; Dr. Larry Litecky, Hines, President of Spoon River College; sity of Alabama at Birmingham; University President of Century Community and Tech- Peter E. Capobianco, President and CEO of of Wisconsin—La Crosse; Western Michigan nical College; Larry Damm, General Man- St. Mary’s Hospital at Amsterdam, NY; John University; Whittier Hospital Medical Cen- ager of Cessna Employees Credit Union; Mi- Maher, CEO of St. Vincent’s; Fred J. Whyte, ter.

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E2265 IN HONOR OF NATIONAL BIBLE the roots of our Nation. Whatever strikes at It violates the Bill of Rights. WEEK the root of Christianity manifests itself in Any time my head I bow the dissolving of our civil government. Becomes a Federal matter now. HON. ROSCOE G. BARTLETT In 1845, there was a case Vida v. Gerrand. Our hair can be purple, orange, or green. This was a lady teacher who was teaching That’s no offense; it’s a freedom scene. OF MARYLAND The law is specific, the law is precise. morality without using the Bible. I have no IN THE HOUSE OF REPRESENTATIVES Only prayers spoken out loud are serious idea how that case got to the Supreme Court, vice. Thursday, November 6, 2003 but it did, and this is what they said, ‘‘Why not For praying in a public hall Mr. BARTLETT of Maryland. Mr. Speaker, I use the Bible?’’ This is the Supreme Court: Might offend someone who has no faith at am honored to rise today as the House co- Why not use the Bible, especially the New all. chairman of National Bible Week that will take Testament? It should be read and taught as In silence alone we must meditate, God’s name is prohibited by the State. place in 2003 during the week of November a divine revelation in the schools. Where can the purest principles of morality be learned We are allowed to cuss and dress like freaks, 23–30. The National Bible Association is orga- so clearly and so perfectly as from the New And pierce our noses, tongues and cheeks. nizing nationwide recognition of the impor- Testament? They have outlawed guns, but FIRST the tance of the Bible in our daily lives during this Consistent with this philosophy, the Conti- Bible. week. I would like to speak briefly about the To quote the Good Book makes me liable. nental Congress bought 20,000 Bibles to dis- importance of the Bible in the history of our We can elect a pregnant Senior Queen, tribute to their new citizens, and for 100 years, nation, and the foundation of the government And the ‘‘unwed daddy’’ our Senior King. at the beginning of our country, this Congress of the United States of America. It is inappropriate to teach right from appropriated money to send missionaries to wrong, George Washington, our first President the American Indians. We are taught that such ‘judgments’ do not wrote: The Bible has been an important foundation belong. It is impossible to govern the world with- of learning in our schools. The Congress in We can get our condoms and birth controls, out God and the Bible. Of all of the disposi- 1854 made this statement about our schools. Study witchcraft, vampires and totem poles. tions and habits that lead to political pros- But the Ten Commandments are not allowed, perity, our religion and morality are the in- It said: No word of God must reach this crowd. dispensable supporters. Let us with caution The Congress of the United States rec- It is scary here I must confess, indulge the supposition, that is, the notion ommends and approves the Holy Bible for When chaos reigns the school’s a mess. or idea, that morality can be maintained use in our schools. So Lord, this silent plea I make: without religion. Reason and experience both Consistent with that, it was used. Should I be shot, my soul please take. forbid us to expect that our national moral- The New England Primer was used for over The Bible is as relevant today as it has ity can prevail in exclusion of religious prin- 200 years. Notice how they taught the alpha- ciple. been since it was written for very simple rea- bet: sons. The Bible is the word of God for Jews John Adams, our second President, was A. A wise son makes a glad father but a and Christians around the world. Every Amer- also President of the American Bible Society foolish son is heaviness to his mother. ican should be taught to understand that the and this is what he said: B. Better is little with the fear of the Lord foundations of our government are rooted in than abundance apart from him. We have no government armed with the the moral teachings of the Bible. For people of power capable of contending with human C. Come unto Christ, all you who are weary passions unbridled by morality and true reli- and heavily laden. all faiths, the Bible offers universal ethical gion. D. Do not do the abominable thing, which guidelines of right and wrong, good and bad I hate, sayeth the Lord. and simple rules to follow to lead a virtuous And now listen to these words of John E. Except a man be born again, he cannot life and establish a just society. Adams: see the Kingdom of God. Our Constitution was made only for a The ‘‘McGuffey Reader,’’ was used for 100 f moral and religious people. It is wholly inad- years. Not too many years ago it was brought equate to the government of any other. back to some of our schools when for a num- RECOGNIZING TRAVIS A. LUETHJE John Quincy Adams, son of John Adams, ber of years the achievement scores had con- FOR ACHIEVING THE RANK OF also served as President of the American siderably dropped and we graduated over 1 EAGLE SCOUT Bible Society. He told his friends that he val- million people who literally could not read their ued his presidency of the American Bible So- high school diplomas, and, out of desperation, HON. SAM GRAVES ciety above his presidency of the United they brought the ‘‘McGuffey Reader’’ back to OF MISSOURI States. These are his words: some of the schools, because when we had IN THE HOUSE OF REPRESENTATIVES The highest glory of the American revolu- that in our schools, the graduates could read Thursday, November 6, 2003 tion was this. It connected in one when they graduated from school. indissolvable bond the principles of civil gov- This is what the author says about The Mr. GRAVES. Mr. Speaker, I proudly pause ernment with the principles of Christianity. From the day of the declaration, they, that ‘‘McGuffey Reader’’: to recognize Travis A. Luethje, a very special is, the founders were bound by the laws of The Christian religion is the religion of our young man who has exemplified the finest God which they all acknowledged as their country. From it derived our notions on the qualities of citizenship and leadership by tak- rules of conduct. character of God and on the great moral ing an active part in the Boy Scouts of Amer- Governor of the universe. On its doctrines In the 1920’s, President Calvin Coolidge ica, Troop 175, and in earning the most pres- are founded the peculiarities of our free in- tigious award of Eagle Scout. said: stitutions. From no source has the author America seeks no empires built on blood drawn more conspicuously than from the sa- Travis has been very active with his troop, and forces. She cherishes no purpose save to cred scriptures. For all of these extractions participating in many scout activities. Over the merit the favor of Almighty God. from the Bible I make no apology. eight years Travis has been involved with He later wrote, There has been a determined movement scouting, he has earned 29 merit badges and has held numerous leadership positions, serv- The foundations of our society and our over the last 50 years to denounce the Bible government rest so much on the teachings of as a document that is irrelevant in our modern ing as Assistant Senior Patrol Leader, Quar- the Bible that it would be difficult to sup- society. Worse than irrelevant, there has been termaster, Assistant Patrol Leader, Scribe, and port them if faith in these teachings would a concerted effort which has succeeded in re- Chaplain Aid. Travis has also participated in cease to be practically universal in our coun- moving the Bible and even prayer from High Adventure and is a Brave in the Tribe of try. schools on the grounds that it is dangerous Mic-O-Say. The Bible has come up many times in cases and offensive. For his Eagle Scout project, Travis re- before the Supreme Court. In 1811, there was A couple of years ago a young woman in a striped the parking lot of St. Peter United a case the People v. Ruggles. This was a per- high school in Oklahoma wrote this poem as Methodist Church, including handicap spaces son who had publicly slandered the Bible. This a new school prayer: and new turning lanes. case got to the Supreme Court and this is Now I sit me down in school Mr. Speaker, I proudly ask you to join me in what they said: Where praying is against the rule. commending Travis A. Luethje for his accom- You have attacked the Bible. In attacking For this great nation under God, plishments with the Boy Scouts of America the Bible, you have attacked Jesus Christ. In Finds mention of him very odd. and for his efforts put forth in achieving the attacking Jesus Christ, you have attacked If scripture now the class recites highest distinction of Eagle Scout.

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS E2266 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2003 TRIBUTE TO THE COLORADO IRAQ RECONSTRUCTION IS A dam Hussein from Day One. But why did TRIAL LAWYERS ASSOCIATION NOBLE CAUSE THAT MUST NOT they want to do so, if they didn’t think he FAIL represented a menace to U.S. security? Bush’s Democratic foes are charging that HON. DIANA DeGETTE Bush trumped up evidence of Hussein’s pos- OF COLORADO HON. MICHAEL G. OXLEY session of weapons of mass destruction. But IN THE HOUSE OF REPRESENTATIVES OF OHIO the fact is that every intelligence service in Thursday, November 6, 2003 IN THE HOUSE OF REPRESENTATIVES the world believed he had them—how else could Bush have won a unanimous vote at Ms. DEGETTE. Mr. Speaker, I would like to Thursday, November 6, 2003 the U.N. Security Council to give Hussein recognize the exceptional endeavors and no- Mr. OXLEY. Mr. Speaker, I recommend to one final chance to account for them? table undertakings of an extraordinary profes- my colleagues the following column by the dis- How and why the United States got into sional membership organization in the State of tinguished commentator Morton M. Kondracke the war in the first place will be hashed out for the rest of this presidential campaign and Colorado. It is both fitting and proper that we in the November 6 edition of Roll Call. Mr. recognize this outstanding association for its beyond, but the important thing now is to Kondracke has eloquently stated the stakes win the peace. leadership in government and the legal com- facing all of us in Iraq. His incisive and knowl- Whatever their differences on whether the munity and for its enduring service to the peo- edgeable commentary should be read by all. war should have been fought or how the ple of our state. It is to commend this distin- [From Roll Call, Nov. 6, 2003] peace is being won, even Bush’s harshest foes guished organization that I rise to honor the ought to admit that what he’s undertaking is IRAQ RECONSTRUCTION ISANOBLE CAUSE Colorado Trial Lawyers Association on the oc- an idealistic enterprise. THAT MUSTN’T FAIL casion of its 50th Anniversary. If Democrats are proud of America’s inter- The Colorado Trial Lawyers Association (By Morton M. Kondracke) vention in Kosovo and remorseful of our fail- (CTLA) has been on the front lines of progress In January 1946, seven months after V–E ure to intervene to prevent genocide in Day, the eminent novelist John DosPassos since its inception and has proven to be a Rwanda, how can they not support an effort wrote after a trip to Europe that U.S. serv- to establish democracy in Iraq? powerful force in transforming the legal land- icemen were telling him, ‘‘We’ve lost the Moreover, what Bush is doing is not only scape of our state. CTLA’s statement of pur- peace. We can’t make it stick.’’ Wilsonian, it’s also pragmatic. In 1946, the pose merits mention. ‘‘The Colorado Trial In an article in Life magazine, he wrote danger was that if America failed in Europe, Lawyers Association is comprised of Colorado that ‘‘A tour of the beaten-up cities of Eu- Russia would take over. In 2003, if the United trial lawyers who are committed to the protec- rope . . . is a mighty sobering experience. States fails, Saddam Hussein and Osama bin tion and advancement of individuals rights and Europeans, friend and foe alike, look you ac- Laden succeed. to the advancement of trial advocacy skills, cusingly in the face and tell how bitterly There’s no question that the effort is going high ethical standards and professionalism in they are disappointed in you as an American. to be difficult—or even that Bush miscalcu- ‘‘They cite the evolution of the word ‘lib- lated the difficulties and didn’t plan well the ongoing effort to preserve and improve the eration.’ Before the Normandy landings, it enough for them. American system of jurisprudence.’’ Within this meant to be freed from the tyranny of the But contrary to the charge that he ‘‘has no unequivocal statement lies the touchstone that Nazis. Now it stands in the minds of the’ ci- plan,’’ he plainly does now. As stated by U.S. has guided CTLA’s work with government and vilians for one thing: looting.’’ Iraq Administrator Paul Bremer, it is to (1) its immeasurable contribution to the legal pro- If this sounds familiar in the aftermath of ‘‘establish a secure environment by taking fession in Colorado. the Iraq war, it goes on: ‘‘Instead of coming direct action against terrorists . . . and re- For the last half-century, CTLA and its in with a bold plan of relief and reconstruc- store urgent and essential services to the members have been resolute in their commit- tion, we came in full of evasions and apolo- country, (2) expand international coopera- ment to protecting the health, safety and wel- gies. . . . We have swept away Hitlerism, but tion in the security and reconstruction and a great many Europeans feel that the cure fare of Colorado consumers. It has been ac- (3) accelerate the orderly transition to self- has been worse than the disease.’’ government by the Iraqis.’’ tive in educating the public concerning the effi- It was another year after this article was Can this be brought off? The jury is very cacy of individual rights and the pivotal role of written before Secretary of State George much out. Our forces and Iraqis who side the trial lawyer in protecting those rights. Marshall delivered his celebrated speech at with us are under constant attack, at least CTLA has recognized, and continues to recog- Harvard University launching the Marshall in Sunni-dominated areas of the country. nize, that it has a public trust of considerable Plan for European relief. The international community—ever so solic- magnitude. Through its legislative advocacy, By contrast, Congress gave final approval itous of Iraqi citizens’ welfare under eco- CTLA has provided vital information and in- this week, six months after the Iraq war, to nomic sanctions—either wants us to fail or the contemporary version of the Marshall valuable counsel to Members of the Colorado has been scared off by bombings. Plan: the $20 billion downpayment on Iraqi The vast majority of Iraqis clearly want General Assembly and the United States Con- reconstruction. At that, reconstruction was stability and self-rule. For our sake and for gress on issues that protect consumers and already under way. theirs, it’s imperative that we stay the impact our civil justice system. Due in no We succeeded grandly in Europe in one of course and do this right—and not allow vi- small part to CTLA’s advocacy, many detri- the most generous and idealistic—and also cious killers to force us out too early. mental legislative proposals have been de- pragmatic—undertakings in American his- It would be a catastrophe, both for the feated, particularly those that would have pre- tory. Iraqis who are working with us and for our vented or hindered access to the courts for re- Prior to America’s making the effort, standing in the world, if this effort were to DosPassos noted, Winston Churchill made a fail. Fortunately, polls indicate that most dress of grievances. speech in which he warned Americans, ‘‘You Trial advocacy is facing considerable Americans want to stay the course. It’s time must be prepared for further efforts of mind for Bush’s critics to quit just carping and change, technological and otherwise. CTLA and body and further sacrifices to great contribute constructive ideas on how to has given the legal profession inestimable causes, if you are not to fall back into the make this effort succeed. If it does, all of us service through its outstanding legal education rut of inertia, the confusion of aim and the will be very proud. programs by providing state-of-the-art instruc- craven fear of being great.’’ f tion concerning law, ethics and professional It’s sad that we don’t have a Churchill conduct for members and non-members alike. around to affirm the morality of what Amer- VETERAN’S DAY CTLA has demonstrated an unwavering com- ica is doing in Iraq: We have toppled a mon- mitment to those in need. Countless members strous dictator and we are trying to rebuild his shattered country, turn it into a democ- HON. EDDIE BERNICE JOHNSON have provided pro-bono legal aid, including racy and make it an example to a region OF TEXAS free legal assistance to the victims of the ter- that knows only authoritarianism and des- IN THE HOUSE OF REPRESENTATIVES rorist attacks of September 11 through the potism. Thursday, November 6, 2003 Trial Lawyers Care Program. My membership It is a noble cause that President Bush has in CTLA has had a profound impact on my ca- undertaken. His adversaries at home and Ms. EDDIE BERNICE JOHNSON of Texas. reer in the practice of law and public service. abroad say that he got us into it by decep- Mr. Speaker, as we celebrate Veterans’ Day, Please join me in commending the Colorado tion, but what could possibly have been his it is fitting and proper that we honor an Afri- Trial Lawyers Association on the occasion of motive? can-American sailor who paid the ultimate its 50th Anniversary. It is leadership, advocacy The ‘‘war for oil’’ charge is simply laugh- able. The ‘‘war for politics’’ charge—that it price for our freedom. and commitment of the Colorado Trial Law- was done to help Republicans—is outrageous. I am planning to introduce legislation soon yers Association that continually enhances our The ‘‘war for ideology’’ analysis makes that calls for awarding the Congressional lives and builds a better future for all Ameri- more sense—i.e., that ‘‘neo-conservatives’’ in Medal of Honor to Dorie Miller posthumously cans. Bush’s administration wanted to topple Sad- for his heroic actions during World War Two.

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E2267 This recognition is long overdue for a man CONFERENCE REPORT ON H.R. 269, It’s clear that even under optimal conditions, who served his country with distinction and DEPARTMENT OF THE INTERIOR with ample commercial timber, it is impossible valor during the attack on Pearl Harbor. AND RELATED AGENCIES APPRO- to clear the large amounts of brush and small Dorie Miller is just one example of African- PRIATIONS ACT, 2004 trees necessary in successful fuel reduction American war heroes and veterans who have projects, without spending substantial sums of SPEECH OF gone beyond and above the call of duty to money. In contrast, the nearby area where the perserve freedom’s full measure, although HON. PETER A. DeFAZIO Davis Butte fire burned is more typical than they themselves were denied it in many quar- OF OREGON the Metolius and provides a better picture of ters at home. IN THE HOUSE OF REPRESENTATIVES the real costs of fuel reduction. Visiting the As Americans, we owe a debt of gratitude to Thursday, October 30, 2003 Davis Butte fire one can see where dense our veterans. It is our duty to ensure that they Mr. DEFAZIO. Mr. Speaker, I rise to oppose stands of lodge-pole pine provided ladder-fuel receive the support they need from the coun- the Fiscal Year 2004 Interior appropriations bill for the fire to climb into the crowns of the pon- try they so diligently served. conference report for a number of reasons. derosa. It is essential that these types of trees As we daily witness the courageous and I applaud the committee for approving $400 be removed, unfortunately, they have little or professional efforts of our armed forces en- million to reimburse accounts that the Forest no commercial value. They may have some gaged in Iraq, Afghanistan and in Southeast Service borrowed from to fight this past Sum- value as pulp, mulch, or hog fuel, but most of Asia, we are all reminded of the tremendous mer’s forest fires. Unfortunately, the Forest the vegetation would have to be burned, or sacrifices our veterans have made on our be- Service borrowed $695 million this year to chipped and left on-site. half. fight fires. This appropriations bill leaves the This type of treatment would be in line with the Pacific Northwest Research Station study As we celebrate another Veteran’s Day this public land management accounts that were borrowed from in the hole by nearly $300 mil- that was conducted on the Klamath National November, we must back up our promises Forest that estimated cost of fuel reduction at with our meaningful action. We must honor all lion—and most of these accounts were under- funded to begin with. $1,685 an acre. So not only can we pretend of our veterans, irrespective of their station in that fuel reduction won’t cost anything—as the life, their gender, or the color of their skin. Accounts that the Forest Service borrowed from this fire season include the fuel reduc- President has done thus far with his ‘‘Healthy Like Dorie Miller, many have died for the tion, law enforcement, forest research, recre- Forest Initiative’’—we can’t pretend that it will freedom we cherish. Death is not a respecter ation, forest jobs programs, fish habitat en- be cheap. of persons. Nor should we be. hancement, and road and trail maintenance, There is a multi-billion forest health problem among many others. These accounts rep- that needs a significant federal investment, but this bill does not make that funding commit- f resent some of the most important public ment. lands management programs the federal gov- PAYING TRIBUTE TO JOY Another glaring problem with this appropria- RASMUSSEN ernment funds, and they will be reimbursed at tions bill is that it includes a fifteen month ex- just 57 cents on the dollar. tension of the Recreational Fee Demonstration One of the most important is the fuel reduc- program. HON. SCOTT McINNIS tion account. Even if Congress fully reim- This program was created by a rider to the burses the fuel reduction account, fuel reduc- OF COLORADO 1996 Interior appropriations, and has been ex- tion projects get delayed and pushed to the tended numerous times through appropriations IN THE HOUSE OF REPRESENTATIVES next year when the accounts are once again riders, without ever having gone through the robbed. For the safety of our communities and Thursday, November 6, 2003 appropriate authorizing process. It is well past the health of our forests, this cycle cannot time to end these back-door extensions and Mr. MCINNIS. Mr. Speaker, I rise today to continue. allow the Resources Committee to do its job. pay tribute to an amazing woman from Steam- This cycle of robbing other accounts is per- Under this program, the Forest Service, Bu- boat Springs, Colorado. Joy Rasmussen, a petuated every year by not adequately funding reau of Land Management, Fish and Wildlife member of the US Women’s National Triathlon wildland fire suppression. The Forest Service Service, and National Parks Service can team, is set to compete at the International borrowed almost $700 million this year, in charge citizens fees to recreate on public land, Triathlon Union World Championships in De- what was a below average fire year. This ap- including primitive trails and unimproved cember in Queenstown, New Zealand. Joy is propriations bill has a $289 million increase campgrounds. Charging citizens a stealth tax ranked 15th nationally in her division and is el- over last year, but it’s not near enough. Re- for hiking in the woods, walking on the beach, igible to compete in next year’s World Cham- gardless of how severe next year’s fire season or picnicking with their family is unfair and pu- pionship in Portugal. I rise to pay tribute to Joy is, this bill guarantees that the Forest Service nitive. It is appropriate to charge a modest fee today before my colleagues here in the Con- will have to borrow yet again because Con- for campgrounds or boat launches to pay for gress. gress is not stepping to the plate and suffi- facilities and upkeep. But to charge a fee to ciently funding fire suppression. Joy took up competing as a way to make park a car on the side of a logging road or at In addition to under-funding firefighting, this a trail head turns our public lands into the new friends, though her athletic prowess in appropriations bill has a wholly inadequate in- this event appears to come natural to her, king’s domain. crease for hazardous fuel reduction projects. Beyond my philosophical objections, the which is no easy task. Triathlons encompass The build-up of hazardous fuels in our na- mismanagement of the program by the Forest a quarter-mile to half-mile swim, a 12 to 18 tional forests is a problem brought about by Service is staggering. The program was cre- mile bike ride, and a 3 to 5 mile run. Joy’s ath- nearly a century of forest mismanagement. It ated to address the maintenance backlog on letic feats are especially commendable, as she is a problem with a multi-billion dollar price tag public land facilities, but only 50 cents of every pursues excellence outside of a full-time ca- to fix, but so far the President and the Con- dollar collected goes toward maintaining or im- reer. Before putting in a full day as a realtor gress have been unwilling to put up the proving our public lands. The rest is eaten up with the Colorado Group Realty, Joy trains in money. This appropriations bill does nothing to by administrative and collection costs. Fifty the early morning and makes longer training rectify the dismal record of under-funding fuel percent overhead costs does not make an ef- runs, rides, or swims on the weekend. Even reduction. fective government program. after a nasty spill last February that sidelined The project in the Metolius basin, the loca- And a recent investigation by the General her for five months, Joy has continually driven tion President Bush originally planned to visit Accounting Office (GAO) found that in 2001— herself to improve. during his August trip to Oregon, is an excel- the last year for which data is available—the Mr. Speaker, I stand before you to show my lent example why restoring forest health will Forest Service erroneously used $10 million in appreciation to Joy Rasmussen for being a require a substantial investment. appropriated funds to bolster the program. The beacon of inspiration to Americans who at- The Metolius project is on relatively flat Forest Service did not report these additional tempt to achieve excellence in their personal ground, with sufficient road access, and a sub- costs to Congress in their annual report. Nor and professional endeavors. Joy’s accomplish- stantial amount of large, commercial Pon- did they report $2.8 million of other administra- ments are extraordinary and I am honored that derosa pine. The project will log more than 20 tive and vendor costs. This kind of deceptive she will be representing America at the up- million boardfeet of timber. Yet, even with that representation in the Forest Service’s annual coming World Championships in New Zea- commercial return, it will still cost the Forest report on the effectiveness of the program is land. Service $400 an acre to complete the project. disgraceful.

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS E2268 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2003 In addition, it is entirely unclear whether the Eagle, and Operation Joint Forge. He also EXTENDING THE TERM OF THE program is actually fulfilling its purpose of re- served the people of Hawai‘i both during and FOREST COUNTIES PAYMENTS ducing the maintenance backlog on forest sys- after Hurricane Iniki, which ravaged the Island COMMITTEE tem lands. The GAO states that ‘‘the Forest of Kaua‘i and parts of O‘ahu, earning him the Service does not have a process for meas- Humanitarian Service Medal. SPEECH OF uring the impact of fee demonstration expendi- Of course, as with all great men, he owes HON. PETER A. DeFAZIO tures on reducing the deferred maintenance a debt of gratitude to those who supported OF OREGON problem. In addition, the GAO found that the and nurtured him throughout his life. Master IN THE HOUSE OF REPRESENTATIVES Forest Service has yet to reliably estimate its Sergeant Takeshita’s father, Lawrence K. deferred maintenance needs. Why would Con- Takeshita, his mother, Frances M. Takeshita, Tuesday, October 28, 2003 gress continue to renew a program through an his daughter Alison and son Brian have been Mr. DEFAZIO. Madam Speaker, the Forest appropriations rider when the beneficiaries of there to lend their support. They are im- Counties Payments Committee was created the program don’t know to what extent it’s mensely proud of him and his successes dur- by Congress in 2000 to make recommenda- working, or even to what extent it’s needed? ing his military career. tions and report on certain payments to coun- It is time to end the Forest Service’s abuse Serving one’s country is a selfless act. I ties. Perhaps most important, the committee of the Recreational Fee Demonstration pro- commend Master Sergeant Takeshita on his was charged with monitoring and submitting a gram, but this appropriations bill perpetuates commitment to our country. His patriotism, loy- report on payments made under the Secure the abuse by again extending the program, alty and courageous leadership are the em- Rural Schools and Community Self-determina- this time by more than a year. bodiment of the Air Force Core Values. And, tion Act (Pub. L. 106–393), also known as Finally, this bill negates a federal court’s de- of course, his island home is deeply proud of ‘‘County Payments’’ legislation. But the Com- cision that Native American tribes have a right him. mittee and the payments were created by dif- to a full accounting of their own trust monies I close by saying to Master Sergeant ferent pieces of legislation and were erro- and assets. I find it hard to believe that this Takeshita: aloha, on a well-deserved retire- neously set to expire at different times. This Congress would support an appropriations ment, and I wish you the very best on your fu- bill will correct that error and extend the au- rider that amounts to an unjust taking of prop- ture endeavors. thorization of the Committee so that it expires erly without just compensation or due process with the Secure Rural Schools and Community of law. f Self-determination Act. Last year this House overwhelmingly voted PAYING TRIBUTE TO JAMES County Payments legislation has provided to strip a similar provision that would have RICHARDS rural counties in the West with some level of kept the Department of Interior from con- economic certainty following the precipitous ducting a complete accounting of the Indian decline in timber revenue from federal land. trust fund. Rectifying the historic mismanage- HON. SCOTT McINNIS These payments have been critical for edu- ment of the Indian trust fund is one of the OF COLORADO cation funding in rural school districts that most critical issues facing Native American IN THE HOUSE OF REPRESENTATIVES were once timber-dependent. In addition, pay- tribes, and is simply a matter of justice. This Thursday, November 6, 2003 ments have been used for road maintenance, appropriations bill will surely delay the resolu- successful community policing programs, vital tion of the Indian trust fund accounting for Mr. MCINNIS. Mr. Speaker, it is with a sad search and rescue equipment, noxious weed years. heart that I rise to pay tribute to the passing control, collaborative forest health projects, This Interior appropriations bill conference of a great man from my district. James Rich- and the restoration of important fish habitat, report woefully under-funds wildland fire- ards, a native of Western Colorado, recently just to name a few benefits. fighting and hazardous fuel reduction projects. passed away at the age of 69. James dedi- The committee submitted its Report to Con- In addition, it extends an unwarranted recre- cated his life to public service and to the chal- gress on County Payments legislation in Feb- ation tax on the American people, and denies lenging legal profession. I am honored today ruary. The report provided invaluable informa- Native Americans a full accounting of their to bring his contributions to the attention of tion about the implementation of the County trust accounts. For these reasons I urge my this body of Congress and this nation. Payments legislation, and recommendations colleagues to oppose the report. After graduating from Western State College for reauthorization. Unfortunately, Congress with a Bachelor of Arts degree in History-Polit- f has yet to act to reauthorize this important ical Science and English in 1955, James went law. As Congress prepares to reauthorize it, ACKNOWLEDGING MASTER SER- on to law school at the University of Colorado, hopefully in the next year, the Committee’s ex- GEANT DENNIS TAKESHITA’S 37 receiving his degree in 1960. Upon passing pertise and advice on the law will be vital to YEARS OF DEDICATED SERVICE the Colorado Bar, James briefly served as ensuring Congress acts in the best interest of IN DEFENSE OF OUR GREAT NA- Colorado’s Assistant Attorney General, before those in need of County Payments funding. TION becoming a legislative assistant and executive Approving this bill to authorize the Forest assistant for Senator Peter Dominick. Counties Payments Committee throughout the HON. ED CASE James proved his versatility and multi- duration of the County Payments law will faceted talents throughout his distinguished OF HAWAII make sure that happens. I urge the bill’s adop- career. James held positions as the Assistant IN THE HOUSE OF REPRESENTATIVES tion. US Attorney in Denver, the Chief of Buffalo, Thursday, November 6, 2003 New York’s Organized Crime Strike Force, f Mr. CASE. Mr. Speaker, I rise today to ex- and the Vice President of the Capital Legal THE HEALTHCARE EQUALITY AND tend my deepest mahalo and aloha to Master Foundation. His stellar career of public service ACCOUNTABILITY ACT OF 2003 Sergeant Dennis Takeshita of Hawai‘i as he attracted the attention of President Reagan retires from an illustrious career spanning 37 when he was nominated and confirmed as In- HON. ED CASE years of tireless and dedicated service to our spector General to the Department of Energy OF HAWAII in 1981, and Inspector General to the Depart- country. IN THE HOUSE OF REPRESENTATIVES Master Sergeant Takeshita’s service to our ment of the Interior in 1985. James’ appeal great nation began in 1966, when he received reached across partisan lines as President Thursday, November 6, 2003 a commission in the United States Air Force George H. W. Bush and President Bill Clinton Mr. CASE. Mr. Speaker, I am very pleased Reserve upon graduation from the University asked him to continue in his position until he to join my colleagues in the introduction of our of Hawai‘i, and went on to serve on active chose to retire on March 31, 1993. proposed Healthcare Equality and Account- duty until 1972. Shortly after his discharge, Mr. Speaker, James Richards was a dedi- ability Act, a bill that will address the glaring Master Sergeant Takeshita joined the Hawai‘i cated man that selflessly served his commu- disparities in health care of our minority popu- Air National Guard and served for 30 more nity and country, and I am honored to pay trib- lations. years, earning numerous citations and awards ute to such an industrious public servant. His While significant advances in health care for his professionalism and service. lifetime of service is an incredible model for have been made, it has been empirically dem- Throughout his long career, he served in the America’s youth. My thoughts and prayers go onstrated that minority populations dispropor- Vietnam Conflict, the Kosovo Campaign, Op- out to his family during this time of bereave- tionately lack access to quality health care. eration Enduring Freedom, Operation Noble ment. For example, minority groups are less likely to

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E2269 have health insurance and are less likely to consin libraries that operate a shared automa- Empire. He has received the highest possible receive appropriate health care services. tion system providing access to over 2 million evaluation of his profession for integrity and These communities are also significantly items. performance, and has taken a proactive ap- underrepresented in our health care work- A public library is a strong component of a proach to leadership in the college community. force. democratic society. Providing an equal oppor- Through his participation in countless activi- I am fully committed to the elimination of ra- tunity for its residents to learn and grow is just ties, Coach Smedley has exhibited kindness, one of the many functions a public library cial and ethnic disparities in health care ac- humility, and a deep resolve to ameliorate all cess, quality, and in our health care workforce, serves. In the library’s 125 years of service, aspects of San Bernardino Valley College, so because we all deserve equal treatment when the Belleville Public Library has provided pro- it is only appropriate that we honor him today it comes to our health. Additionally, a full in- grams which foster learning for all within the with his family and the residents of the Inland vestment in health care will improve the eco- community. The library has consistently en- Empire. nomic well-being of our Nation. couraged learning through programs catering For these reasons, I am an original cospon- to all members of the community including And so, Mr. Speaker, we salute Coach Rod sor of the Healthcare Equality and Account- summer reading programs for children, book Smedley. We express sincere admiration that ability Act. This bill will reduce racial and eth- discussions, and biweekly story hours. he is being honored for his incomparable ac- nic disparities and improve the health care for For 125 years, the Belleville Public Library complishments and hope that others may rec- minority communities by: expanding health has recognized the vital importance of free ac- ognize his good works in the community. care coverage, removing language and cul- cess to information in a democratic society. I tural barriers, improving workforce diversity, wholeheartedly believe that access to informa- f improving data collection, creating and funding tion allows everyone in a community to pre- programs that reduce health disparities, pro- pare themselves for the future, experience TRIBUTE TO RONNIE WILLETT moting agency accountability, and strength- personal growth, and to perform the civic du- ening our health institutions that already serve ties encouraged of all citizens in our Nation. our minority populations. Mr. Speaker, I am proud to rise today and HON. SCOTT McINNIS I am grateful that one vital component of join the residents of Belleville in honoring the OF COLORADO this bill recognizes the late Congresswoman impressive 125 years of service from the Patsy T. Mink by creating a Health and Gen- Belleville Public Library. IN THE HOUSE OF REPRESENTATIVES der Research Fellowship program in her f Thursday, November 6, 2003 name. This fellowship program, which will ex- TRIBUTE TO COACH ROD SMEDLEY amine and research gender and health dis- Mr. MCINNIS. Mr. Speaker, it is my honor to parities, is an appropriate tribute to someone rise and pay tribute to a remarkable man from who is so well remembered for her work in HON. JOE BACA my district. Ronald Willett has dedicated his education policy and known for her beliefs in OF CALIFORNIA life to the betterment of the people of Pagosa social and economic justice. IN THE HOUSE OF REPRESENTATIVES Springs, Colorado and this nation. On October I commend the work of the Democratic Thursday, November 6, 2003 2nd of this year, Ronnie announced his retire- Leadership in both chambers not only to bring ment from his position with the Pagosa Mr. BACA. Mr. Speaker, I rise to pay tribute the issue of health care disparities to light, but Springs Sun Newspaper. For over four dec- to Coach Rod Smedley, former Head Football to address this national concern firmly and di- ades, Ronnie has worked tirelessly to keep Coach of San Bernardino Valley College. rectly. I further appreciate the leadership’s will- the people of his community well informed. It Coach Smedley is an individual of great dis- ingness to work with the Congressional Asian is my honor to call the attention of this body tinction, and we join with family and friends in Pacific American Caucus, the Congressional of Congress, and this nation, to Ronnie’s honoring his remarkable achievements and Black Caucus, the Congressional Hispanic many contributions. Caucus, and the Congressional Native Amer- years of dedicated service to the Inland Em- ican Caucus to ensure that our respective pire. Ronnie moved to Pagosa Springs in 1944, communities are included in this legislation. I Coach Smedley is an exceptional individual where he was a standout player on the especially appreciated the opportunity to assist who has not only devoted his life to helping Pagosa Springs football team. After graduating in efforts to ensure that Native Hawaiians and the San Bernardino Valley College community from high school, Ronnie joined the United Pacific Islanders were specifically included. but has also been an important pillar of sup- States Navy in 1954. In the Navy, he served As the Healthcare Equality and Account- port for the student-athletes of the college. His his country honorably and achieved the rank ability Act will provide true health benefits for kindness and passionate spirit render him a of Petty Officer First Class. all, I urge my colleagues to support this bill. vital resource and a beloved member of the Upon leaving the military, Ronnie went to f college community. work for the Pagosa Springs Sun in 1962, For the past 26 years, Coach Smedley has where he quickly became an accomplished 125TH ANNIVERSARY OF THE dedicated himself to serving the college and newspaperman and was instrumental in the BELLEVILLE, WISCONSIN PUBLIC achieving a remarkable level of achievement. exponential growth of the newspaper’s circula- LIBRARY As Head Football Coach, he guided the San tion. Ronnie used his position with the news- Bernardino Valley College Wolverines to five paper to take an active role in the community. HON. TAMMY BALDWIN Bowl Championships, including three consecu- Over the years, he donated a multitude of OF WISCONSIN tive wins between 1995 and 1997, seven printing jobs to various community projects IN THE HOUSE OF REPRESENTATIVES Football Foothill Conference Championships, and volunteer groups. and the highest winning percentage of a Jun- Thursday, November 6, 2003 ior College football coach in the Inland Em- Ronnie’s contributions to the citizens of Ms. BALDWIN. Mr. Speaker, I rise today to pire. Coach Smedley has also led the Men’s Pagosa Springs reach far beyond his work honor the 125th anniversary of the Belleville and Women’s tennis teams to a combined with the Sun. In the 1960’s, he was a member Public Library, in Belleville, Wisconsin. Since total of seven conference titles. He has been of the Jaycees and helped numerous young- 1878, the Belleville Public Library has been an integral contributor to the management and sters build soapbox racers. Currently, he providing an invaluable service to the commu- administration of San Bernardino sports, as spends his time as a dedicated member of the nity. well as an active participant and positive influ- Fleet Reserve Association, Veterans of For- The Belleville Library opened its doors on ence on the lives of many college students. eign Wars, Disabled American Veterans, and December 14, 1878 when a local business- In addition to these contributions, Coach the American Legion. man, Henry Story, donated a collection of 133 Smedley was twice awarded the honor of Cali- Mr. Speaker, it is truly a privilege to pay trib- books. The library’s collection has grown over fornia Community College Football Coach of ute to a man who has spent his life serving his the past 125 years to an impressive 20,000 the Year and awarded the Foothill Conference fellow Coloradans and this nation. Ronnie’s items, serving the community with print mate- Football Coach of the Year four times. Most selfless dedication to his community and coun- rials, audio books, videos, and CD ROM prod- importantly, under his guidance, Coach try is truly admirable. On behalf of the citizens ucts. Belleville residents are also fortunate to Smedley has seen more student-athletes re- of Pagosa Springs, and a grateful nation, I have access to the library interchange net- ceive scholarships to four-year schools than would like to thank Ronnie Willett for his serv- work, a consortium of South Central Wis- any other Junior College coach in the Inland ice.

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS E2270 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2003 HONORING THE DEDICATED EM- country’s uniform and I hope that your fellow appreciate you listening to what I have to PLOYEES OF THE TRANSPOR- Congressmen are proud of us too.’’ I agree say. TATION SECURITY ADMINISTRA- with Mr. Bernath, TSA employees are an im- Sincerely, TION pressive bunch and, although there is always JEFFREY DAVID HARVEY, 1LT, FA. room for improvement, I am very proud of the HON. PETER A. DeFAZIO work they are doing. I want to thank Mr. f OF OREGON Bernath and his fellow TSA employees who TRIBUTE TO CAREY COX IN THE HOUSE OF REPRESENTATIVES come to work each day dedicated to pro- tecting the flying public. I hope my colleagues HON. SCOTT McINNIS Thursday, November 6, 2003 in Congress will join me in doing all we can to OF COLORADO Mr. DEFAZIO. Mr. Speaker, recent incidents make sure they succeed in this mission. IN THE HOUSE OF REPRESENTATIVES and undercover investigations have high- f lighted deficiencies in our nation’s aviation se- Thursday, November 6, 2003 curity system. It is important, however, to re- LETTER FROM JEFFREY DAVID HARVEY Mr. MCINNIS. Mr. Speaker, it is my honor to member how much things have improved rise and pay tribute to a remarkable man from since September 11th. How soon we forget my district. Recently, Trooper Carey Cox an- about security on the cheap. It was only a few HON. JOHN L. MICA nounced his retirement from the Colorado years ago that the screener of the year testi- OF FLORIDA State Patrol after nearly three decades of IN THE HOUSE OF REPRESENTATIVES fied before the Aviation Subcommittee that he dedicated and courageous service. In recogni- was only able to keep his job because he had Thursday, November 6, 2003 tion of this service to the citizens of Colorado, additional income and wasn’t dependent upon Mr. MICA. Mr. Speaker, President Bush I am proud to call Carey’s contributions to the his screener salary. McDonalds was consid- today signs for $87 billion to aid our United attention of this body of Congress and this na- ered a step up for most screeners, turnover States Military and assist both Iraq and Af- tion. was 400 percent at some airports, and private ghanistan. I wanted to include in the record a Carey began his career with the Colorado security companies even had felons screening copy of a letter I received from a young man State Patrol in May of 1976. Following his passengers and luggage. who served as a Congressional Intern. Jeff graduation from the Police Academy, Carey After September 11th, everything changed. states much better than anyone why today’s was assigned to the Broomfield State Troop- We now have dedicated, well-paid profes- action by Congress and President Bush is er’s Office in 1982. He worked there until his sionals protecting the traveling public each necessary. transfer to Grand Junction. In Grand Junction, and every day. I want to take a moment to DEAR CONGRESSMAN MICA: I don’t know if Carey went to work for the Colorado State Pa- thank the hard working employees of the you remember me, but I worked as an unpaid trol’s Hazardous Materials Unit, where he was Transportation Security Administration (TSA) intern in your Casselberry office about 7 well known as an excellent Hazardous Mate- who have dedicated themselves to improving years ago. Right now I am in Northern Iraq rials Technician. security at our nation’s airports. I recently re- with the 101st Airborne Division. I have been Throughout his career, Carey was instru- ceived an e-mail from Daniel Bernath, a TSA with the Division during the entire war and also served in Afghanistan for a few months mental in promoting safety on Colorado’s high- employee at Portland International Airport, that with the division’s 3rd brigade Rakkasans. ways. One of his many notable accomplish- I would like to insert in the RECORD. I am writing to you because I am con- ments was the successful implementation of a It was nice meeting with you for a few mo- cerned about the debate over the cost of re- program to distribute child passenger safety ments as you got your plane ticket at United building Iraq. From what I see on the news, seats throughout Western Colorado. This car- Airlines at PDX. I’m the TSA officer who people back home, especially the Democratic ing act for the children of Colorado illustrates candidates for President, have not put two thanked you for your work in aviation secu- the dedication and heroism that defined rity. . . . As TSA officers we see the holes and two together. They complain about the and potential problems in aviation security attacks and the danger to our troops, but yet Carey’s career. He was truly a tremendous and are troubled by them. I have reported they do not want to give the cause any more asset to the State Patrol, and the people of several to my superiors at TSA . . . The TSA money. We are in support of stability oper- Colorado. Carey does not intend to be idle in officers are proud to be serving our country ations. There is no field manual on the his retirement. On November 13th of this year, even though the job is extremely physically things we are doing here but rebuilding a he will depart for Kosovo as a member of a tiring and dangerous (we are looking for ex- country is something that takes time. Rela- United Nations mission in that country. plosives, knives and guns, and up to one tionships must be formed. With that, Amer- Mr. Speaker, it is truly a privilege to pay trib- ica has to realize that the fighting is still third of us have been injured . . . one suf- ute to a man who has spent his life serving his fered a heart attack last month, another going on. We are fighting for the hearts and TSA officer suffered a stroke at PDX). I have minds of the Iraqi people. Our ammunition is fellow Coloradans. Trooper Carey Cox spent a no trouble falling asleep at night because, I, therefore money. I am in charge of multiple quarter of a century protecting and serving the like all TSA officers, am completely phys- renovation and reconstruction projects and citizens of Colorado, and his heroism is cer- ically exhausted at the end of my watch. . . . each one takes money to complete. tainly worthy of recognition here today. On be- The TSA rank and file is a very impressive The last few weeks, the money source has half of the people of Colorado, and a grateful bunch and I am proud to be one of them and been cut off, and I am sure the debate over nation, I would like to thank Carey for his serv- how much to spend is a leading cause to this. again wear my country’s uniform and I hope ice. that your fellow Congressmen are proud of I have met many Iraqis that are growing im- us too; we are all highly educated—many patient, asking for work, wanting to do any- f thing to feed their family. Sir, please let have college degrees (I have a juris doctor), HUMAN RIGHTS IN BURMA many have management experience and we your fellow Representatives and Senators are all there after 9.11 to protect our fellow know that if we are going remain here, fight- Americans. We are there to defend our coun- ing for the hearts and minds of the Iraqis, we HON. CHRISTOPHER H. SMITH try and unlike the screeners before the at- need to have the ammunition to support it. OF NEW JERSEY We have to have money to help rebuild the tack, it is not just ‘‘a job’’ to us. At least IN THE HOUSE OF REPRESENTATIVES three times a day a fellow American will country, put people to work and get the watch me search her bag and say ‘‘we’re real- economy going. I am certain that by doing Thursday, November 6, 2003 ly glad the TSA is here—thank you.’’ I re- the right thing for these people now, it will Mr. SMITH of New Jersey. Mr. Speaker, I mind them that we took an oath to protect pay off in the long run. WWII was not fought because of the concentration camps and the rise to speak out for human rights in Burma the United States and point to our TSA em- and to call for continued action against this re- blem which has 9 stars and 11 stripes in the social injustices in Germany, but looking flag, symbolizing the reason for our creation back now, that is cited as probably the most gime. I commend my good friend from Penn- and our mission that it never happen again; important good that came out of it. This war sylvania, Mr. Pitts for his great leadership on the attack on the United States on 9.11. I was fought for many reasons, but WMD or this issue and his tremendous efforts on be- think our physical presence and professional not, the mass graves and the social injus- half of the Burmese people. demeanor helps our fellow Americans feel tices by the old regime have ceased. Iraq’s Earlier this year I stood on the floor of this comfortable about flying again . . . Daniel new found freedom far outweighs any sac- House in support of the Burmese Freedom A. Bernath TSA at PDX.’’ rifices that myself or my men had to make by coming here. All we want to do is to fin- and Democracy Act of 2003. The piece of leg- Mr. Bernath’s e-mail says it best, ‘‘the TSA ish the job that we started. islation passed this House overwhelmingly, by rank and file is a very impressive bunch, I am Please urge those on the Hill to support a vote of 418–2. In the bill, we called on the proud to be one of them and again wear my the troops, not just in voice but in action. I State Department, and especially Secretary of

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS CONGRESSIONAL RECORD — Extensions of Remarks E2271 State Colin Powell, to use every opportunity to INADEQUATE TREATMENT OUR dissidents to explode remote controlled bombs press for freedom and democracy in Burma. TROOPS AND VETERANS ARE and mines. I want to publicly encourage the Secretary RECEIVING FROM THE ADMINIS- The measure also directs the Defense De- to continue his outspoken call for freedom in TRATION partment to increase the availability of modern Burma, and suggest some changes in the hydration systems to soldiers in Iraq and to international strategy to bring about democ- SPEECH OF provide quarterly reports to Congress on de- racy and human rights in that country. HON. JULIA CARSON partment efforts to address equipment short- It is now clear that United Nations efforts to OF INDIANA ages. bring about democracy in Burma have com- IN THE HOUSE OF REPRESENTATIVES The agreement provides $525 million for military construction funds—$112 million more pletely failed. Rather than making progress, Wednesday, November 5, 2003 the efforts have simply bought time for the re- than requested. gime, and allowed it to perpetuate its increas- Ms. CARSON of Indiana. Mr. Speaker, this Most of the funds will go to construct new ingly brutal stranglehold on power. The United past week we sent the largest supplemental Air Force and Army facilities in Qatar, the Nations envoy to Burma, rather than serving appropriations bill ever written to the Presi- United Arab Emirates, Iraq, and other facilities as a positive voice for change, has repeatedly dent. The majority of the money is to be used providing support for operations in the Middle bailed out the regime just as critical inter- for the men and women serving in Iraq. East and the global war on terrorism. national pressure has begun to make a dif- A total of $64.7 billion in military funding Defense Health Program—Provides $658 ference. His defense of the regime’s head of was included 1n the bill. This includes: million for military health care costs. military intelligence Khin Nyunt is beyond un- A total of $64.7 billion for military activities When these young men and women return acceptable. in support of military operations mainly in Iraq from the Gulf, they are going to leave the and Afghanistan. service in droves. Morale is low, and these It is time to review the personnel and man- $39.2 billion for activities related to military people cannot get home quick enough. date on the United Nations role in Burma, and operations in Iraq and Afghanistan, including: At the same time, the Republican leadership to give a qualified mediator the tools they $24.0 billion for the Army, $2.0 billion for the refused to include $1.3 billion dollars in emer- need, including access to the United Nations Navy, $1.2 billion for the Marine Corps, and gency veterans health funding, claiming that it Security Council, to make a difference. The $5.4 billion for the Air Force. The total in- will be included in the regular VA–HUD appro- State Department should lead the efforts for cludes an extra $100 million to find and de- priations bill. these changes at the upcoming United Na- stroy conventional munitions in Iraq. This severe funding shortfalls has resulted tions General Assembly. The agreement appropriates $17.8 billion for in health-care rationing among our veterans. The process is broken. We need to revamp military personnel, including: $12.9 billion for Over 200,000 are currently waiting 6 months this system with new actors as soon as pos- the Army, $816 million for the Navy, $753 mil- or longer for initial and follow-up medical ap- sible. lion for the Marine Corps and $3.4 billion for pointments; many are reporting that they are Air Force personnel costs. waiting 1 to 2 years. f The funds are meant to cover the costs as- The Veterans Administration, in order to sociated with the mobilization to active duty of meet this crisis, has taken steps to stop vet- TRIBUTE TO THE ORANGE & reserve and National Guard personnel, includ- erans from seeking care. The VA refuses to BLACK NEWSPAPER ing pay, travel, per diem, and health care and enroll any new Category 8 veterans. personnel necessary to maintain critical man- Funding shortfalls are putting veteran safety HON. SCOTT McINNIS ning at authorized levels. and the quality of their care at ever greater OF COLORADO Extends TRICARE—the military’s health risk. An April 2001 study sponsored by four care system—health coverage system to Na- Health and Human Services agencies con- IN THE HOUSE OF REPRESENTATIVES tional Guard members and reservists and their firmed that inadequate direct-care nurse staff- Thursday, November 6, 2003 families who lack health insurance and do not ing increases risks of urinary tract infections, have access to employer-provided plans. pneumonia, shock, intestinal bleeding, and Mr. MCINNIS. Mr. Speaker, I stand before The measure authorizes continued payment lengthy hospital stays. this body of Congress and this nation to pay of per diem for travel of family members of Doctors and nurses under greater stress tribute to a remarkable newspaper produced military personnel who are ill or injured as a risk injury, too, as their increased workloads by the students of Grand Junction High School result of active duty service, and continues the cause slower mental processing, diminished and recently named the best large high school increased monthly rate of Imminent Danger memory, and improper responses to patients. newspaper in the state of Colorado for the Pay and Family Separation Allowances f 2002–2003 school year. The Orange & Black through Sept. 30, 2004. student-run newspaper has a history of excel- The agreement includes $55 million for trav- TRIBUTE TO U.S. AIR FORCE CAPT. lence in its journalistic efforts, as it has been el costs of troops on rest and recuperation SEAN KELLEY one of the top newspapers in the state for leave, including the cost of travel home from seven years. I join with my colleagues today disembarkation points in the United States. HON. SCOTT McINNIS in recognizing the fine efforts of the students The measure provides $32 million for family OF COLORADO of Grand Junction High School and their re- counseling, domestic violence prevention, and IN THE HOUSE OF REPRESENTATIVES markable newspaper. readjustment counseling and $10 million for Erik Lincoln and Sarah Shean, the co-edi- similar programs specifically for the National Thursday, November 6, 2003 tors-in-chief of the Orange & Black for the pre- Guard. Mr. MCINNIS. Mr. Speaker, I would like to vious school year, have now moved onto Finally, the measure retroactively and per- take a moment to honor a U.S. Air Force Cap- Mesa State College and Gonzaga University manently exempts servicemembers with com- tain who has performed a great service to this respectively. But they have left an impressive bat-related injuries from the requirement of nation during Operation Iraqi Freedom. Capt. mark for their successors by winning first paying for subsistence meal charges while Sean Kelley was instrumental in the delivery place in the general excellence and graphic il- hospitalized. of Mohammed Al-Rehaief—the man respon- lustration categories. These editors have also The agreement appropriates $5.5 billion to sible for providing the information of Pfc. Jes- instilled greatness in their peers that resulted replenish equipment and munitions expended sica Lynch’s whereabouts that ultimately led to in first place awards in informational graphics, during military operations in Iraq and in the her successful rescue on April 2nd from Sad- personal opinion columns, personality feature, global war on terrorism. The total includes: dam Hospital in Nasiriyah. I would like to join and headline writing categories. $142 million to repair or replace Bradley fight- my colleagues here today and all Americans Mr. Speaker, I am honored to stand here ing vehicles, M1 Abrams tanks and other re- in recognizing Capt. Kelley’s selfless service. today and recognize this fine example of stew- lated equipment used in Iraq and Afghanistan; Capt. Kelley is a graduate of Gunnison High ardship and hard work in journalism by these $239 million for more armored High Mobility School who has dutifully served the Air Force dedicated high school students from Grand Multipurpose Wheeled vehicles, or HUMVEEs; since his commission in 1993. He has made Junction. Their eloquent product demonstrates $300 million to purchase additional body many trips to the Middle East but his most re- a mastery of photographic, written and edi- armor suits and modern flak jackets and to cent delivery of an Iraqi man and his family to torial expression not often achieved by high clear unexploded ordnance; and $46 million the safety of the United States is especially school students. for radio jammers to disrupt attempts by Iraqi commendable. This delivery aided our troops

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS E2272 CONGRESSIONAL RECORD — Extensions of Remarks November 6, 2003 in bringing home an American soldier who Few people have achieved so much in one and old. Without uttering a sound, I heard symbolizes heroism at its finest. During the lifetime as General Blaz. I am honored to the message radiating from their faces—of appreciation, of admiration, and of affec- flight, Al-Rehaief told him parts of the story of enter his essay into the CONGRESSIONAL tion—for the Marines passing in review, for saving Lynch as he eagerly waited in the RECORD so that all Americans may come to whom Marine Drive was originally dedi- cockpit. Capt. Kelley will return to the Middle appreciate the men and women who wear the cated. I, a liberated son of Guam, had the East at the end of the month when he returns eagle, globe and anchor of the United States privilege of marching at that parade with a to duty. Marine Corps. The People of Guam honor all company of United States Marines who were, Captain Sean Kelley has courageously those who serve our nation in the armed in effect, my liberators. served our nation and we are indebted to him forces, but in our hearts, first among equals, In the ensuing years, I have participated in for continuing to protect America and her inter- are the Marines, Guam’s liberators, for whom Liberation Day parades as a general officer ests. I extend my warmest regards and thanks our main street is named ‘‘Marine Drive’’. of Marines and as a Member of the U.S. Con- for the great sacrifices that Capt. Kelley has On this 228th Anniversary of the U.S. Ma- gress. But, I was never again to feel and em- made in defending this nation. rine Corp, I submit this tribute written by one brace a moment such as I did that day in 1958. f of the Corps’ finest, Brigadier General (Ret.) I tip my hat to Senator Bob Klitzkie, him- Vicente Tomas (Ben) Blaz. HONORING THE 228TH ANNIVER- self a Marine, and to his fellow Senators for A MOVING MOMENT OF SILENCE ON MARINE SARY OF THE FOUNDING OF THE sponsoring the bill to rededicate Marine DRIVE Drive. It is a magnanimous expression of re- UNITED STATES MARINE CORPS (By Ben Blaz) membrance. Unlike the typical inanimate The news that the Marine Corps Drive Re- monoliths that serve as memorials and cen- HON. MADELEINE Z. BORDALLO dedication Act is scheduled for introduction terpieces at annual ceremonies, Marine OF GUAM in the Guam Legislature on November 10 (Corps) Drive is a living memorial, a touch- IN THE HOUSE OF REPRESENTATIVES brought a smile to this manamko’s face. It stone, a reminder to future generations how dearly we paid for the freedom we enjoy. Thursday, November 6, 2003 sharpened the focus in my mind on an epi- sode that took place during the Liberation Happy Birthday, Marines! Ms. BORDALLO. Mr. Speaker, November Day parade in 1958. 10th will mark the 228th Anniversary of the As Commanding Officer of a company of f founding of the United States Marine Corps. Marines at the Barracks, I had the honor of To mark the occasion, I would like to submit leading them in the parade. For the special TRIBUTE TO FRANKLIN BARTON for the RECORD a special tribute to the Ma- event, we decided to wear combat clothing SAMPLE rines who participated in the Liberation of and carry packs and weapons much like the liberators did. Participating in this annual Guam written by Retired Brigadier General observance and remembrance was a new ex- HON. SCOTT McINNIS and former Delegate from Guam, the Honor- perience for my men as it was for me in my OF COLORADO able Vicente Tomas (Ben) Blaz. role as their commander. Ben was a teenager during World War II It is not unusual for those in a parade stag- IN THE HOUSE OF REPRESENTATIVES when Japanese Imperial forces invaded and ing area to be a little edgy before a march. Thursday, November 6, 2003 occupied Guam in December 1941. During the But the march that day was not part of a Liberation of Guam in July 1944, he was cap- football rally or a Little League parade. Mr. MCINNIS. Mr. Speaker, it is with a sol- tured by a Marine Patrol of the 9th Marine Symbolically, we were following in the foot- emn heart that I pay tribute to Franklin Barton steps of a long line of heroic Marines of Regiment and later released upon confirma- Sample of New Castle, Colorado. Franklin World War II, many of whom fought and fell passed away recently at the age of 81, and as tion he was a native Chamorro. Years later, where we were gathering. It was a sobering he would serve as Commanding Officer of the I look back on his life, I see the story of a thought that prevailed over a solemn occa- great American. As his family mourns their same Regiment. sion. He holds a Bachelor’s Degree from the Uni- The parade route was different. As always, loss, I think it is appropriate that we remember versity of Notre Dame where he was later it was festive. Spectators lined both sides of Franklin’s life, and celebrate the work that he honored with the Distinguished Alumnus Marine Drive stretching from Adelupe to did on behalf of others. Award. He also holds a Master’s Degree from East Agana. Most of them had survived the After graduating from New Castle High war and had vivid recollection of the enemy School, Franklin answered his country’s call to the George Washington University and a Doc- occupation. Whatever animosity they har- tor of Laws Degree from the University of duty and went to serve in Japan during World bored, however, it was subdued that day. The War II. While there, he served honorably as a Guam. In addition he is a distinguished grad- crowd cheered loudly for everyone and every- uate of the Naval War College. In 1992, he thing that moved before them. All the vil- member of the 59th Ordnance Ammunition was recognized as an Outstanding Asian- lages had a float and every military service Company. Upon returning to Colorado, Frank- American in Public Service. was represented in the parade—including lin met Shirley, who would become his wife of After a distinguished career in the Marine marching bands. 56 years. Corps, which included being awarded the Le- As the parade was about to start, I braced Franklin will be remembered as a dedicated gion of Merit (twice awarded), the Bronze Star myself against the possibility of emoting rancher and steward of the land. However, he publicly. When we entered the parade route, was similarly devoted to service of the New (with Combat V), Navy Commendation Medal the crowd roared. As we approached the re- (twice awarded), the Combat Action Ribbon, viewing stand full of military and political Castle community. In 1957, President Eisen- and the Vietnamese Cross of Gallantry (Gold dignitaries, I gave the traditional command hower appointed Franklin to be the Post- Star) General Blaz retired and returned to to salute, ‘‘Eyes Right.’’ At that instant, as master of New Castle. His dedication to this Guam in 1980. though directed to do so on cue, the crowd post was legendary, and upon retirement, he In 1984, the People of Guam elected him to ‘‘returned’’ our salute with deafening si- received the Colorado General Assembly Congress where he served with distinction for lence. Award for his compassionate service. Franklin four terms. During his time in office, Congress- For a few minutes, the only audible sound also served as Senior Warden for the St. was from our boots pounding the pavement man Blaz began the difficult task of address- in unison. Just a few years earlier, similar John’s Episcopal Church for 10 years, and ing the unfinished business of World War II, boots pounded the original road all along the was a member of the Volunteer Fire Depart- the issue of war reparations for the people of coast as Marines charged from their landing ment, the American Legion, and the York and Guam. He brings a unique perspective to this crafts, crossed the road under heavy gunfire, Scottish Rites of the Masons. issue as a survivor of the Occupation of and fought their way inland against an en- Mr. Speaker, Franklin’s dedication and self- Guam, as a Marine, and as a public servant. trenched enemy. For 1200 Marines, it was to lessness certainly deserve the recognition of Today, Congressman Blaz is a statesman re- be their last crossing. About 6000 of their this body of Congress and this nation. It is my spected by the People of Guam and a strong comrades returned to the beach on stretch- privilege to pay tribute to him for his contribu- ers. moral voice for our times. His insight is re- My effort to control my emotions failed. I tions to his community, our state, and this flected in the following essay which conveys was marching solely on disciplined automa- country. I would like to extend my thoughts his deep love for our island and his profound tion. Although tears swelled, I was able to and deepest sympathies to his loved ones admiration for the liberators of Guam. connect with the faces in the crowd, young during this difficult time.

VerDate Mar 15 2010 17:08 Jun 23, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\ERIC\E06NO3.REC E06NO3 gechino on DSK3YST671PROD with REMARKS Thursday, November 6, 2003 Daily Digest

HIGHLIGHTS Senate passed H.R. 2673, Agriculture Appropriations Act. House passed H.R. 1829, Federal Prison Industries Competition in Con- tracting Act of 2003. House passed H.R. 1442, Vietnam Veterans Memorial Visitors Center Act—clearing the measure for the President. House Committee ordered reported 12 sundry measures. Senate extrajudicial killings abroad, with an amendment in Chamber Action the nature of a substitute. Routine Proceedings, pages S14083–S14226 S. 1685, to extend and expand the basic pilot pro- Measures Introduced: Ten bills and three resolu- gram for employment eligibility verification, with an tions were introduced, as follows: S. 1829–1838, and amendment in the nature of a substitute. S. Res. 260–262. Pages S14176–77 S. Con. Res. 77, expressing the sense of Congress supporting vigorous enforcement of the Federal ob- Measures Reported: scenity laws. Page S14176 S. 286, to revise and extend the Birth Defects Prevention Act of 1998, with an amendment in the Measures Passed: nature of a substitute. (S. Rept. No. 108–188) Agriculture Appropriations Act: By 93 yeas to 1 S. 648, to amend the Public Health Service Act nay (Vote No. 444), Senate passed H.R. 2673, mak- with respect to health professions programs regard- ing appropriations for Agriculture, Rural Develop- ing the practice of pharmacy, with an amendment in ment, Food and Drug Administration, and Related the nature of a substitute. (S. Rept. No. 108–189) Agencies for the fiscal year ending September 30, S. 1043, to provide for the security of commercial 2004, after taking action on the following amend- nuclear power plants and facilities designated by the ments proposed thereto: Pages S14104–55 Nuclear Regulatory Commission, with an amend- Adopted: ment in the nature of a substitute. (S. Rept. No. Dorgan Amendment No. 2116, to express the 108–190) sense of the Senate on the importation of cattle with H.R. 1086, to encourage the development and bovine spongiform encephalopathy. Pages S14106–07 promulgation of voluntary consensus standards by Dorgan Amendment No. 2117, to increase fund- providing relief under the antitrust laws to standards ing for guaranteed broadband loans, with an offset. development organizations with respect to conduct Pages S14128–31 engaged in for the purpose of developing voluntary Specter Amendment No. 2080, to limit the use of consensus standards, with an amendment in the na- funds to allocate the rate of price support between ture of a substitute. the purchase prices for nonfat dry milk and butter S. 710, to amend the Immigration and Nation- in a manner that does not support the price of milk ality Act to provide that aliens who commit acts of at the rate prescribed by law. Pages S14136–39 torture, extrajudicial killings, or other specified Cochran Amendment No. 2120, to provide plant atrocities abroad are inadmissible and removable and variety protection. Pages S14140–41 to establish within the Criminal Division of the De- Daschle Amendment No. 2078, to express the partment of Justice an Office of Special Investiga- sense of the Senate regarding country of origin label- tions having responsibilities under that Act with re- ing requirements. (By 36 yeas to 58 nays (Vote No. spect to all alien participants in war crimes, geno- 443), Senate earlier failed to table the amendment.) cide, and the commission of acts of torture and Pages S14118–28, S14139–40, S14141–42 D1241

VerDate jul 14 2003 07:10 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D06NO3.REC D06NO3 D1242 CONGRESSIONAL RECORD — DAILY DIGEST November 6, 2003 Kohl (for Levin/Stabenow) Amendment No. 2121, Kohl (for Harkin) Amendment No. 2134, to to increase funding for the removal of trees that have modify the requirements for a water and waste dis- been adversely affected by the emerald ash borer, posal grant to the city of Postville, Iowa. Page S14143 with offsets. Page S14142 Bennett (for Hutchison) Amendment No. 2135, Kohl (for Feingold) Amendment No. 2122, to re- to provide for a Texas rice safeguard initiative. quire the Secretary of Agriculture to report to Con- Page S14145 gress on acquisitions made by the Department of Bennett/Kohl Amendment No. 2073, of a tech- Agriculture of articles, materials, or supplies manu- nical nature. Page S14145 factured outside the United States. Page S14142 Rejected: Kohl (for Dorgan) Amendment No. 2123, to per- By 38 yeas to 56 nays (Vote No. 442), Leahy mit the use of remaining fiscal year 2003 funds to Amendment No. 2119, to restrict the use of funds carry out the program of loans and loan guarantees for certain conservation programs. to provide access to broadband telecommunications Pages S14131–36, S14141 services in rural areas. Page S14142 Withdrawn: Kohl (for Stabenow/Levin) Amendment No. 2124, Bingaman Amendment No. 2115, to provide to control and alleviate the cormorant problem in funds to implement and administer Team Nutrition the State of Michigan. Page S14142 programs, with an offset. Pages S14104–06 Kohl (for Leahy) Amendment No. 2125, to pro- During consideration of this measure today, Senate vide minimum funding for certain types of agricul- also took the following actions: tural management assistance. Page S14142 A unanimous-consent agreement was reached pro- Bennett Amendment No. 2126, to authorize the viding that the November 5, 2003 adoption of the Secretary of Agriculture to make funding and other following amendment was vitiated, and the amend- assistance available through the emergency watershed ment was then subsequently withdrawn: Page S14145 protection program to repair and prevent damage to Bennett/Kohl Amendment No. 2084, to provide non-Federal land in watersheds that have been im- that statements made by the Chairman and/or Rank- paired by fires initiated by the Federal Government ing Member of the Agriculture Appropriations Sub- and to waive cost-sharing requirements for the fund- committee, and colloquies engaging the Chairman ing and assistance. Page S14142 and/or Ranking Member of the Agriculture Appro- Kohl (for Wyden) Amendment No. 2127, to ex- priations Subcommittee, given on the Senate Floor or pand the business size restrictions of the Rural Busi- submitted for the Record during Senate consider- ness Enterprise Grant Program for Oakridge, Or- ation of this Act shall be deemed part of Senate egon. Page S14142 Committee Report 108–107 for purposes of con- Kohl (for Jeffords) Amendment No. 2128, to pro- ference with the House of Representatives. vide funds to carry out the historic barn preservation Page S14145 program, with an offset. Pages S14142–43 Senate insisted on its amendment, requested a Bennett (for Murkowski) Amendment No. 2129, conference with the House thereon, and the Chair to modify the requirements for a water and waste was authorized to appoint the following conferees on disposal grant to the Alaska Department of Commu- the part of the Senate: Senators Bennett, Cochran, nity and Economic Development. Page S14143 Specter, Bond, McConnell, Burns, Craig, Brownback, Kohl (for Harkin) Amendment No. 2085, to per- Stevens, Kohl, Harkin, Dorgan, Feinstein, Durbin, mit the enrollment in the conservation reserve pro- Johnson, Landrieu, and Byrd. Pages S14151–55 gram of certain land on which trees have been plant- ed. Page S14143 Authorizing Legal Representation: Senate agreed Kohl (for Clinton) Amendment No. 2130, to pro- to S. Res. 261, to authorize testimony, document hibit the use of funds to purchase chickens treated production, and legal representation in State of Colo- with fluoroquinolone. Page S14143 rado v. Daniel Raphael Egger, Sarah Jane Geraldi, Bennett (for Craig) Amendment No. 2131, to Jennifer Melissa Greenberg, Lisa Gale Kunkel, provide loan guarantees for major projects for certain Bonnie Catherine McCormick Pages S14220–21 renewable energy systems. Page S14143 Child Nutrition Program Authorization: Com- Kohl (for Harkin) Amendment No. 2132, to clar- mittee on Agriculture, Nutrition, and Forestry was ify the Secretary may use competitive research grant discharged from further consideration of H.R. 3232, funds for certain requests for proposals. Page S14143 to reauthorize certain school lunch and child nutri- Kohl (for Dorgan) Amendment No. 2133, to in- tion programs through March 31, 2004, and the bill crease funding for guaranteed broadband loans, with was then passed, clearing the measure for the Presi- an offset. Page S14143 dent. Page S14221

VerDate jul 14 2003 07:10 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D06NO3.REC D06NO3 November 6, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1243 Coastal Barrier Property Exemption: Senate A unanimous-consent agreement was reached pro- passed S. 1643, to exempt certain coastal barrier viding that Senate resume consideration of the bill property from financial assistance and flood insurance at 9:30 a.m., on Friday, November 7, 2003. limitations under the Coastal Barriers Resources Act Page S14160 and the National Flood Act of 1968, after agreeing Messages from the President: Senate received the to the committee amendments. Page S14221 following message from the President of the United Technical Correction: Senate passed S. 1066, to States: correct a technical error from Unit T–07 of the John Transmitting, pursuant to law, the report of the H. Chafee Coastal Barrier Resources System, after approval of the use of $10,623,873 provided by the agreeing to the committee amendment in the nature District of Columbia Appropriations Act, Public Law 108–7, the Consolidated Appropriations Resolu- of a substitute. Page S14221 tion, 2003; to the Committee on Appropriations. Coastal Barrier Map Replacement: Senate passed (PM–55) Page S14173 S. 1663, to replace certain Coastal Barrier Resources Nomination Considered: Senate resumed consider- System maps. Pages S14221–22 ation of the nomination of William H. Pryor, Jr., of Congratulating Shirin Ebadi: Committee on the Alabama, to be United States Circuit Judge for the Judiciary was discharged from further consideration Eleventh Circuit. of S. Res. 244, congratulating Shirin Ebadi for win- During consideration of this measure today, Senate ning the 2003 Nobel Peace Prize and commending also took the following action: her for her lifetime of work to promote democracy By 51 yeas to 43 nays (Vote No. 441), three-fifths and human rights, and the resolution was then of those Senators duly chosen and sworn, not having agreed to. Page S14222 voted in the affirmative, Senate rejected the second motion to close further debate on the nomination. Compact of Free Association Amendments Act: Senate passed H.J. Res. 63, to approve the Compact Pages S14090–S14104 of Free Association, as amended, between the Gov- Nominations Received: Senate received the fol- ernment of the United States of America and the lowing nominations: Government of the Federated States of Micronesia, Francis J. Harvey, of California, to be an Assistant and the Compact of Free Association, as amended, Secretary of Defense. between the Government of the United States of Lawrence F. Stengel, of Pennsylvania, to be America and the Government of the Republic of the United States District Judge for the Eastern District Marshall Islands, and to appropriate funds to carry of Pennsylvania. Page S14226 out the amended Compacts, after agreeing to the fol- Messages From the House: Pages S14173–74 lowing amendments proposed thereto: Measures Referred: Page S14174 Pages S14222–26 Measures Placed on Calendar: Page S14174 McCain (for Domenici/Bingaman) Amendment Page S14174 No. 2137, in the nature of a substitute. Page S14226 Enrolled Bills Presented: McCain (for Domenici/Bingaman) Amendment Executive Communications: Pages S14174–76 No. 2138, to amend the preamble. Page S14226 Executive Reports of Committees: Page S14176 McCain (for Domenici) Amendment No. 2139, to Additional Cosponsors: Page S14177 amend the title. Page S14226 Statements on Introduced Bills/Resolutions: Internet Tax Non-Discrimination Act: Senate Pages S14177–82 began consideration of S. 150, to make permanent the moratorium on taxes on Internet access and mul- Additional Statements: Page S14173 tiple and discriminatory taxes on electronic com- Amendments Submitted: Pages S14182–S14220 merce imposed by the Internet Tax Freedom Act, Authority for Committees to Meet: Page S14220 after agreeing to the committee amendment in the nature of a substitute, and taking action on the fol- Privilege of the Floor: Page S14220 lowing amendment proposed thereto: Pages S14156–73 Record Votes: Four record votes were taken today. Adopted: (Total—444) Page S14104, S14141, S14142, S14155 McCain Amendment No. 2136, in the nature of Adjournment: Senate met at 9:31 a.m., and ad- a substitute. Page S14157 journed at 9:58 p.m., until 9:30 a.m., on Friday,

VerDate jul 14 2003 07:10 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D06NO3.REC D06NO3 D1244 CONGRESSIONAL RECORD — DAILY DIGEST November 6, 2003

November 7, 2003. (For Senate’s program, see the respect to the eligibility of certain countries for remarks of the Acting Majority Leader in today’s United States military assistance; Record on page S14226.) S. 1824, to amend the Foreign Assistance Act of 1961 to reauthorize the Overseas Private Investment Committee Meetings Corporation; and The nominations of Margaret DeBardeleben (Committees not listed did not meet) Tutwiler, of Alabama, to be Under Secretary of State for Public Diplomacy, Zalmay Khalilzad, of Mary- NOMINATIONS land, to be Ambassador to the Transitional Islamic Committee on Commerce, Science, and Transportation: State of Afghanistan, Louise V. Oliver, of the Dis- Committee concluded a hearing to examine the trict of Columbia, for the rank of Ambassador dur- nominations of Floyd Hall, of New Jersey, who was ing her tenure of service as the United States Perma- introduced by Senator Lautenberg, Louis S. Thomp- nent Representative to the United Nations Edu- son, of Maryland, and Robert L. Crandall, of Texas, cational, Scientific, and Cultural Organization, Wil- each to be a Member of the Reform Board (Amtrak), liam J. Hudson, of Virginia, to be Ambassador to after each nominee testified and answered questions the Republic of Tunisia, Margaret Scobey, of Ten- in their own behalf. nessee, to be Ambassador to Syria, Thomas Thomas LUNAR EXPLORATION Riley, of California, to be Ambassador to the King- Committee on Commerce, Science, and Transportation: Sub- dom of Morocco, Jackie Wolcott Sanders, for the committee on Science. Technology, and Space con- rank of Ambassador during her tenure of service as cluded a hearing to examine the future of the U.S. United States Representative to the Conference on Space Program, including the possibility of a return Disarmament and the Special Representative of the mission to the Moon, after receiving testimony from President of the United States for Non-Proliferation former Senator Harrison H. Schmitt, InterLune- of Nuclear Weapons, Mary Kramer, of Iowa, to be Intermars Initiative, Inc., Albuquerque, New Mex- Ambassador to Barbados and to serve concurrently ico; J. Roger P. Angel, University of Arizona Center and without additional compensation as Ambassador for Astronomical Adaptive Optics, Tucson; and to St. Kitts and Nevis, Saint Lucia, Antigua and David R. Criswell, University of Houston Institute Barbuda, the Commonwealth of Dominica, Grenada, for Space Systems Operations, and Paul D. Spudis, and Saint Vincent and the Grenadines, Timothy Lunar and Planetary Institute, both of Houston, John Dunn, of Illinois, for the rank of Ambassador Texas. during his tenure of service as Deputy Permanent Representative to the Organization of American BUSINESS MEETING States, James Curtis Struble, of California, to be Am- Committee on Foreign Relations: Committee ordered fa- bassador to Peru, Hector E. Morales, of Texas, to be vorably reported the following business items: United States Alternate Executive Director of the S. Res. 237, welcoming the public apologies Inter-American Development Bank, Marguerita issued by the President of Serbia and Montenegro Dianne Ragsdale, of Virginia, to be Ambassador to and the President of the Republic of Croatia and the Republic of Djibouti, Edward B. O’Donnell, Jr., urging other leaders in the region to perform similar of Tennessee, for the rank of Ambassador during his concrete acts of reconciliation; tenure of service as Special Envoy for Holocaust S. Res. 256, observing the 50th anniversary of the Issues, Jon R. Purnell, of Massachusetts, to be Am- Mutual Defense Treaty between the United States bassador to the Republic of Uzbekistan, Stuart W. and the Republic of Korea, affirming the deep co- Holliday, of Texas, to be Alternate Representative of operation and friendship between the people of the the United States of America for Special Political Af- United States and the people of the Republic of fairs in the United Nations, with the rank of Am- Korea, and thanking the Republic of Korea for it’s bassador, and certain Foreign Service Officer pro- contributions to the global war on terrorism and to motion lists received in the Senate on October 3, the stabilization and reconstruction of Afghanistan 2003. and Iraq; S. Res. 258, expressing the sense of the Senate on DOD AIRLINE TRAVEL the arrest of Mikhail B. Khodorkovsky by the Rus- Committee on Governmental Affairs: Permanent Sub- sian Federation; committee on Investigations concluded a hearing to S. 950, to allow travel between the United States examine Department of Defense’s improper use of and Cuba, with amendments; first and business class airline travel, focusing on the S. 1317, to amend the American Servicemember’s extent of DOD premium class travel, the effective- Protection Act of 2002 to provide clarification with ness of key internal control activities and examples

VerDate jul 14 2003 07:10 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D06NO3.REC D06NO3 November 6, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1245 of improper premium class travel resulting from in- spect to all alien participants in war crimes, geno- ternal control breakdowns, and DOD’s control envi- cide, and the commission of acts of torture and ronment over premium class travel, after receiving extrajudicial killings abroad, with an amendment in testimony from Senator Grassley; Representative the nature of a substitute; Schakowsky; Gregory D. Kutz, Director, and John H.R. 1086, to encourage the development and V. Kelly, Assistant Director, both of the Financial promulgation of voluntary consensus standards by Management and Assurance Team, and John J. providing relief under the antitrust laws to standards Ryan, Assistant Director, Office of Special Investiga- development organizations with respect to conduct tions, all of the General Accounting Office; and engaged in for the purpose of developing voluntary Lawrence J. Lanzillotta, Principal Deputy Under Sec- consensus standards, with an amendment in the na- retary (Comptroller), and Charles S. Abell, Assistant ture of a substitute; Secretary for Force Management Policy, both of the S. 1685, to extend and expand the basic pilot pro- Department of Defense. gram for employment eligiblity verification, with an amendment in the nature of a substitute; BUSINESS MEETING S. Con. Res. 77, expressing the sense of Congress Committee on the Judiciary: Committee ordered favor- supporting vigorous enforcement of the Federal ob- ably reported the following business items: scenity laws; and S. 710, to amend the Immigration and Nation- The nominations of Janice R. Brown, of Cali- ality Act to provide that aliens who commit acts of fornia, to be United States Circuit Judge for the Dis- torture, extrajudicial killings, or other specified trict of Columbia Circuit, D. Michael Fisher, of atrocities abroad are inadmissible and removable and Pennsylvania, to be United States Circuit Judge for to establish within the Criminal Division of the De- the Third Circuit, and Mark R. Filip, to be United partment of Justice an Office of Special Investiga- States District Judge for the Northern District of Il- tions having responsibilities under that Act with re- linois.

VerDate jul 14 2003 07:10 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D06NO3.REC D06NO3 D1246 CONGRESSIONAL RECORD — DAILY DIGEST November 6, 2003 House of Representatives other than its mandatory source status, to enhance Chamber Action inmate access to remedial and vocational opportuni- Measures Introduced: Measures introduced today ties and other rehabilitative opportunities to better will appear in the next issue of the Congressional prepare inmates for a successful return to society, to Record.) authorize alternative inmate work opportunities in Additional Cosponsors: (See next issue.) support of non-profit organizations, by a yea-and-nay vote of 350 yeas to 65 nays, Roll No. 612. Reports Filed: Reports were filed today as follows: Pages H10469–S10510 H.R. 2571, to provide for the financing of high- The amendment in the nature of a substitute rec- speed rail infrastructure, amended (H. Rept. ommended by the Committee on the Judiciary, now 108–278, Pt. 2); H. Res. 434, waiving a requirement of clause 6(a) printed in the bill, and considered as an original bill of rule XIII with respect to consideration of certain for the purpose of amendment was agreed to by a resolutions reported from the Committee on Rules voice vote. Page H10509 (H. Rept. 108–352); and Agreed to: H.R. 587, to amend title 40, United States Code, Toomey amendment (No. 1 printed in the Con- to add Ashtabula, Mahoning, and Trumbull Coun- gressional Record of November 4) that will prohibit ties, Ohio, to the Appalachian region, amended (H. Federal Prison Industries from bidding on contracts that have been reserved for small businesses; Rept. 108–353). (See next issue.) Page H10488 Healthy Forests Restoration Act of 2003—Mo- Smith of Michigan amendment that allows a con- tion to go to Conference: The House disagreed to tract to be made to Federal Prison Industries using the Senate amendments to H.R. 1904, to improve other than competitive procedures; Pages H10488–89 the capacity of the Secretary of Agriculture and the Maloney amendment that extends the same power Secretary of the Interior to conduct hazardous fuels that the Department of Defense contracting officer reduction projects on National Forest System lands has to the contracting officers of various civilian and Bureau of Land Management lands aimed at agencies; Pages H10491–92 protecting communities, watersheds, and certain Waters amendment that increases the per hour other at-risk lands from catastrophic wildfire, to en- wage earned by inmates with less than two years re- hance efforts to protect watersheds and address maining on their prison terms; Pages H10495–96 threats to forest and rangeland health, including cat- Hoekstra amendment that further expands the in- astrophic wildfire, across the landscape, and agreed mate work programs in conjunction with non-profit to a conference. Pages H10462–69 organizations; and Pages H10501–03 The House agreed to the Stenholm motion to in- Strickland amendment that requires that funds ex- struct conferees on the bill by a voice vote. pended under the bill for services or goods must be Pages H10463–69 manufactured in the United States. Pages H10507–08 Appointed as conferees: From the Committee on Rejected: Agriculture: Representatives Goodlatte, Boehner, Green of Wisconsin amendment (No. 8 printed in Jenkins, Gutknecht, Hayes, Stenholm, Peterson the Congressional Record of November 5) that (MN) and Dooley (CA); from the Committee on Re- sought to require the comptroller general to conduct sources: Representatives Pombo, McInnis, Walden a study of the effects of eliminating the mandatory (OR), Renzi, George Miller (CA) and Inslee; from source requirements for Federal Prison Industries, as the Committee on the Judiciary: Representatives specified in the bill; Pages H10480–87 Sensenbrenner, Smith (TX) and Conyers. Page H10469 Scott of Virginia amendment (No. 4 printed in Federal Prison Industries Competition in Con- the Congressional Record of November 4) that tracting Act of 2003: The House passed H.R. sought to restore the mandatory source authority by 1829, to amend title 18, United States Code, to re- striking the section of the bill that permits the gov- quire Federal Prison Industries to compete for its ernment contracting agency, during the transition contracts minimizing its unfair competition with period when FPI’s mandatory source authority is private sector firms and their non-inmate workers phased out, to accept a contract bid from FPI only and empowering Federal agencies to get the best if certain production and price conditions are met, value for taxpayers’ dollars, to provide a five-year pe- and instead requires the contracting agency to accept riod during which Federal Prison Industries adjusts FPI’s bid subject only to the percentage caps on to obtaining inmate work opportunities through total sales outlined in the bill; Pages H10490–91

VerDate jul 14 2003 07:10 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D06NO3.REC D06NO3 November 6, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1247 Scott of Virginia amendment (No. 5 printed in agencies for the fiscal year ending September 30, the Congressional Record of November 4) that 2004, by a yea-and-nay vote of 310 yeas to 101 sought to strike the section of the bill that prohibits nays, Roll No. 613. Pages H10510–11 Federal Prison Industries and state prison industries Later the House agreed Bell motion to instruct from contracting for work to provide services; conferees on the bill by a voice vote. Pages H10515–20 Pages H10496–97 Tax Relief, Simplification, and Equity Act of Green of Wisconsin amendment (No. 7 printed in the Congressional Record of November 5) that 2003—Motion to Instruct Conferees: The House sought to permit the Attorney General to postpone rejected the Becerra motion to instruct conferees on phasing out the Federal Prison Industries mandatory H.R. 1308, to amend the Internal Revenue Code of source rule for at least one year if it can be deter- 1986 to accelerate the increase in the refundability mined that the phase out would significantly threat- of the child tax credit, by a yea-and-nay vote of 197 en prison operations or prison safety (rejected by a yeas to 207 nays, Roll No. 614. Pages H10511–12 recorded vote of 91 ayes to 325 noes, Roll No. 610; Medicare Prescription Drug and Modernization and Pages H10492–94, H10508 Act of 2003—Motion to Instruct Conferees: The Jackson-Lee amendment that sought to place a House rejected the Capps motion to instruct con- three year sunset provision on the Act if the Attor- ferees on H.R. 1, to amend title XVIII of the Social ney General determines that the Act creates a sig- Security Act to provide for a voluntary prescription nificant or adverse effect on the public or on prison drug benefit under the Medicare program and to operations or safety (rejected by a recorded vote of strengthen and improve the Medicare program, by a 100 ayes to 313 noes, Roll No. 611. yea-and-nay vote of 197 yeas to 209 nays, Roll No. Pages H10504–07, H10509 615. Page H10512 Withdrawn: Later the House debated the Cardoza motion to Scott of Virginia amendment (No. 6 printed in instruct conferees on the bill. Further proceedings on the Congressional Record of November 4) that was the motion were postponed until a later date. offered and subsequently withdrawn, that would Pages H10528–34 have established a pilot program to provide inmates with additional work opportunities and authorizes Vietnam Veterans Memorial Visitors Center Act: funding over five years for the program. The House agreed to the Senate amendments to Pages H10498–H10501 H.R. 1442, to authorize the design and construction The House agreed to H. Res. 428, the rule pro- of a visitor center for the Vietnam Veterans Memo- viding for consideration of the bill on Wednesday, rial—clearing the measure for the President. November 5. Pages H10512–14 Fair and Accurate Credit Transaction Act of Energy Policy Act of 2003—Motion to Instruct 2003—Motion to go to Conference: The House Conferees: The House debated the Filner motion to disagreed to the Senate amendments to H.R. 2622, instruct conferees on H.R. 6, to enhance energy con- to amend the Fair Credit Reporting Act, to prevent servation and research and development, to provide identity theft, improve resolution of consumer dis- for security and diversity in the energy supply for putes, improve the accuracy of consumer records, the American people. Further proceedings on the make improvements in the use of, and consumer ac- motion were postponed until a later date. cess to, credit information, and agreed to a con- Pages H10521–28 ference. Pages H10514–15 Senate Message: Message received from the Senate The House agreed to the Frank of Massachusetts today appears on page H10459. motion to instruct conferees on the bill by a voice vote. Pages H10514–15 Senate Referral: S. 589 was ordered held at the Appointed as conferees: Representatives Oxley, desk. Bereuter, Bachus, Castle, Royce, Ney, Kelly, Presidential Message: Read a message from the Gillmor, LaTourette, Biggert, Sessions, Frank (MA), President wherein he transmitted notification of the Kanjorski, Sanders, Waters, Watt, Gutierrez, Hooley proposed use of funds appropriated under the Dis- (OR), and Moore. Page H10515 trict of Columbia Appropriations Act of PL 108–7, Labor/HHS Appropriations—Motion to Instruct the Consolidated Appropriations Resolution, 2003, Conferees: The House agreed to the DeLauro mo- to reimburse the District for emergency planning tion to instruct conferees on H.R. 2660, making ap- and security costs—referred to the Committee on propriations for the Departments of Labor, Health Appropriations and ordered printed (H. Doc. and Human Services, and Education, and related 108–140). Page H10534

VerDate jul 14 2003 07:10 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D06NO3.REC D06NO3 D1248 CONGRESSIONAL RECORD — DAILY DIGEST November 6, 2003 Order of Business—National Defense Reauthor- be recognized for her ground breaking achievements ization Conference Report: Agreed by unanimous in athletics and her commitment to ending racial consent that the managers on the part of the House discrimination and prejudice within the world of have until 6 a.m. on Friday, November 7 to file the sports; H. Con. Res. 299, honoring Mr. Sargent conference report on H.R. 1588, to authorize appro- Shriver for his dedication and service to the United priations for fiscal year 2004 for military activities States of America, for his service in the United of the Department of Defense, for military construc- States Navy, and for his lifetime of work as an am- tion, and for defense activities of the Department of bassador for the poor and powerless citizens of the Energy, to prescribe personnel strengths for such fis- United States of America; H. Con. Res. 313, to urge cal year for the Armed Forces. Page H10537 the President, on behalf of the United States, to Adjournment: The House met at 10 a.m. and at present the Presidential Medal of Freedom to His 11:16 p.m. stands in recess subject to the call of the Holiness, Pope John Paul II, in recognition of his chair. significant, enduring, and historic contributions to the causes of freedom, human dignity, and peace and to commemorate the Silver Jubilee of His Holiness’ Committee Meetings inauguration of his ministry as Bishop of Rome and APPLICATION FOR CONTRACT MARKET Supreme Pastor of the Catholic Church; H.R. 2130, DESIGNATION OF U.S. FUTURES to redesignate the facility of the United States Postal EXCHANGE LLC BEFORE CFTC Service located at 650 Kinderkamack Road in River Committee on Agriculture: Held a hearing to review the Edge, New Jersey, as the ‘‘New Bridge Landing Post application for contract market designation of the Office;’’ H.R. 3300, to designate the facility of the United States Futures Exchange LLC before the United States Postal Service located at 15500 Pearl Commodity Futures Trading Commission. Testi- Road in Strongsville, Ohio, as the ‘‘Walter F. mony was heard from James E. Newsome, Chairman, Ehrfelt, Jr. Post Office Building;’’ H.R. 3353, to CFTC; and public witnesses. designate the facility of the United States Postal Service located at 525 Main Street in Tarboro, North COMPUTER VIRUSES Carolina, as the ‘‘George Henry White Post Office Committee on Energy and Commerce: Subcommittee on Building;’’ S. 1590, to redesignate the facility of the Telecommunications and the Internet held a hearing United States Postal Service, located at 315 Empire entitled ‘‘Computer Viruses: The Disease, the Detec- Boulevard in Crown Heights, Brooklyn, New York, tion, and the Prescription for Protection.’’ Testimony as the ‘‘James E. Davis Post Office Building;’’ and was heard from public witnesses. S. 1718, to designate the facility of the United ‘‘MUTUAL FUNDS: WHO’S LOOKING OUT States Postal Service located at 3710 West 73rd Ter- FOR INVESTORS?’’ race in Prairie Village, Kansas, as the ‘‘Senator James B. Pearson Post Office.’’ Committee on Financial Services: Subcommittee on Cap- ital Markets, Insurance, and Government Sponsored FIRST RESPONDER INTEROPERABILITY Enterprises concluded hearings entitled ‘‘Mutual Funds: Who’s Looking Out for Investors?’’ Testi- Committee on Government Reform: Subcommittee on mony was heard from William Francis Galvin, Chief National Security, Emerging Threats and Inter- Securities Regulator, Secretary, State of Massachu- national Relations and the Subcommittee on Tech- setts; and public witnesses. nology, Information Policy, Intergovernmental Rela- tions and the Census held a joint hearing on ‘‘First MISCELLANEOUS MEASURES Responder Interoperability: Can You Hear Me Committee on Government Reform: Ordered reported the Now?’’ Testimony was heard from William O. Jen- following measures: H.R. 2751, amended, GAO kins, Jr., Director, Homeland Security and Justice Human Capital Reform Act of 2003; H.R. 2886, Issues, GAO; Karen S. Evans, E-Gov/IT Director, amended, Department of Homeland Security Finan- OMB; David Boyd, Program Manager, SAFECOM, cial Accountability Act; H. Res. 274, honoring John Wireless Public Safety Interoperable Communica- Stockton for an outstanding career, congratulating tions Program, Department of Homeland Security; him on his retirement, and thanking him for his John Morgan, Assistant Director, Science and Tech- contributions to basketball, to the State of Utah, and nology, National Institute of Justice, Office of Jus- to the Nation; H. Res. 373, amended, expressing the tice Programs, Department of Justice; the following sense of Congress with respect to the Women’s officials of the FCC: John Muleta, Chief Wireless United Soccer Association; H. Con. Res. 69, express- Bureau; and Edmond Thomas, Chief, Office of Engi- ing the sense of Congress that Althea Gibson should neering and Technology; and public witnesses.

VerDate jul 14 2003 07:10 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D06NO3.REC D06NO3 November 6, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1249 SAME DAY CONSIDERATION OF EXAMINE RECENT FAILURE TO PROTECT RESOLUTION REPORTED BY THE RULES CHILD SAFETY COMMITTEE RELATING TO NATIONAL Committee on Ways and Means: Subcommittee on DEFENSE AUTHORIZATION ACT Human Resources held a hearing to Examine Recent CONFERENCE REPORT Failure to Protect Child Safety. Testimony was heard Committee on Rules: Granted, by voice vote, a resolu- from Representatives Andrews, Pascrell and Fer- tion waiving clause 6(a) of rule XIII (requiring a guson; the following officials of the State of New two-thirds vote to consider a rule on the same day Jersey: Colleen Maguire, Deputy Commissioner, De- it is reported from the Rules Committee) against partment of Human Services; and Kevin Ryan, Child certain resolutions reported from the Rules Com- Advocate, Office of the Child Advocate; and public mittee. The resolution applies the waiver to any spe- witnesses. cial rule reported on the legislative day of November f 7, 2003, providing for consideration or disposition of NEW PUBLIC LAWS a conference report to accompany the bill (H.R. 1588) to authorize appropriations for fiscal year (For last listing of Public Laws, see DAILY DIGEST, p. D1237) 2004 for military activities of the Department of S. 3, to prohibit the procedure commonly known Defense, for military construction, and for defense as partial-birth abortion. Signed on November 5, activities of the Department of Energy, to prescribe 2003. (Public Law 108–105). personnel strengths for such fiscal year for the f Armed Forces, and for other purposes. COMMITTEE MEETINGS FOR FRIDAY, CLIMATE CHANGE TECHNOLOGY NOVEMBER 7, 2003 Committee on Science: Subcommittee on Energy held a (Committee meetings are open unless otherwise indicated) hearing on What are the Administration Priorities Senate for Climate Change Technology? Testimony was heard from the following officials of the Department No meetings/hearings scheduled. of Energy: David Conover, Director, Interagency Cli- House mate Change Technology Program; George Rudins, No committee meetings are scheduled. Deputy Assistant Secretary, Coal and Power Systems; Sally Benson, Deputy Director, Operations, Lawrence Joint Meetings Berkeley National Laboratory; and Marilyn Brown, Joint Economic Committee: to hold joint hearings to ex- Director, Energy Efficiency and Renewable Energy, amine the current employment situation, 9:30 a.m., Oak Ridge National Laboratory. SD–628.

VerDate jul 14 2003 07:10 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D06NO3.REC D06NO3 D1250 CONGRESSIONAL RECORD — DAILY DIGEST November 6, 2003

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, November 7 9 a.m., Friday, November 7

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Friday: Consideration of the conference re- of S. 150, Internet Tax Non-discrimination Act. port on H.R. 1588, National Defense Authorization for FY 2004 (subject to a rule).

(House proceedings for today will be continued in the next issue of the Record.)

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at (202) 512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $217.00 for six months, $434.00 per year, or purchased for $6.00 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (866) 512–1800 (toll free), (202) 512–1800 (D.C. Area), or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate jul 14 2003 07:10 Nov 07, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 0664 Sfmt 0664 E:\CR\FM\D06NO3.REC D06NO3