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, SEPTEMBER 4, 2003 No. 120 House of Representatives The House met at 10 a.m. GOOD NEWS FOR THE ECONOMY young men spent months practicing The Chaplain, the Reverend Daniel P. (Mr. STEARNS asked and was given and playing hard, while never losing Coughlin, offered the following prayer: permission to address the House for 1 sight of the principles of honesty and God of silence, God of peace, in whom minute and to revise and extend his re- fair play. we live, move and have our very being, marks.) Their skill and determination paid help this day the Members of the House Mr. STEARNS. Mr. Speaker, good off when they triumphed over all other of Representatives and those who as- morning. I have got some good news. American teams to represent our coun- sist them in their work. In the midst of Perhaps a lot of the Members do not try in the Little League World Series. Although they did not win the world their busy day, enable them to find a know about it. There has been a CBO title, they captured the attention and moment of stillness within and know update. The economy now seems poised affection of Americans young and old. that You are God and present to guide for a more sustained recovery with People across the country followed them. CBO estimating growth of nearly 4 per- them through their games in Williams- May all the people of this great Na- cent in the year 2004. port, Pennsylvania and cheered each tion be people of faith as well and come Because of that growth, moreover, victory. Their achievements this year to seek Your face, O Lord. At this mo- the recent surge in Federal budget defi- will be remembered for a long time. ment, people across this vast country cits will peak in the year 2004. That is join us in praying for the leaders in While I fully expect this team of very right. If growth continues, even at the talented players to contend for the government they have elected. Praying CBO estimated 3.3 percent a year from world title again next year, it is impor- together can unite us in works of jus- the year 2005 to 2008, Federal revenues tant to laud them now for the heights tice and securing peace in this world. will begin to rise again and deficits they attained. With You we can accomplish great will fall through the rest of the decade I am sure we all have the greatest re- and glorious deeds because we pray and just as they always do amid prosperity. spect for these fine young men. They act in Your holy name. Amen. What this tells us, Mr. Speaker, is are excellent role models for children f that President Bush’s decision to use and for all of us. As their Representa- fiscal policy, tax cuts, to promote THE JOURNAL tive in Congress, I am proud of the role growth has been the right priority, and they have played as ambassadors to The SPEAKER. The Chair has exam- it seems to be paying off now in accel- other young people across the country ined the Journal of the last day’s pro- erating business purchases. This is cru- and around the world. ceedings and announces to the House cial to restoring vibrant growth be- f his approval thereof. cause the economy has to survive and Pursuant to clause 1, rule I, the Jour- has had so much trouble with the burst SALUTING EAST BOYNTON BEACH nal stands approved. in the stock market. This is also one of LITTLE LEAGUERS f the explicit goals of President Bush’s (Mr. SHAW asked and was given per- dividend and marginal income tax rate mission to address the House for 1 PLEDGE OF ALLEGIANCE cut proposals. minute and to revise and extend his re- The SPEAKER. Will the gentleman Mr. Speaker, this is good news. No marks.) from Georgia (Mr. BURNS) come for- guarantee but good news for today. Mr. SHAW. Mr. Speaker, I am proud ward and lead the House in the Pledge f to join the gentleman from Florida of Allegiance. (Mr. HASTINGS) in bringing attention to Mr. BURNS led the Pledge of Alle- HONORING EAST BOYNTON BEACH the House of Representatives the phe- giance as follows: LITTLE LEAGUE TEAM nomenal achievements of a group of I pledge allegiance to the Flag of the (Mr. HASTINGS of Florida asked and young men from Florida’s 22nd Con- United States of America, and to the Repub- was given permission to address the gressional District as well as his dis- lic for which it stands, one nation under God, House for 1 minute.) trict. indivisible, with liberty and justice for all. Mr. HASTINGS of Florida. Mr. I am speaking of the boys from East f Speaker, I have good news also. Boynton Beach Little League team; I rise to offer the East Boynton Michael, Richie, Cody, Jordan, Patrick, ANNOUNCEMENT BY THE SPEAKER Beach, Florida Little League team, our R.J., Matt, Ricky, Benny, Devon, and The SPEAKER. The Chair will re- new American National Little League Andrew, who are also known as this ceive ten 1-minute speeches on each champion, for the congratulations and year’s United States Little League side. admiration of this body. These fine world champions.

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

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VerDate jul 14 2003 02:15 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.000 H04PT1 H7844 CONGRESSIONAL RECORD — HOUSE September 4, 2003 People throughout South Florida fol- minute and to revise and extend his re- minute and to revise and extend his re- lowed the team’s success as they cap- marks.) marks.) tured the Florida State Championship Mr. PENCE. Mr. Speaker, as the au- Mr. PITTS. Mr. Speaker, I rise today followed by the Southeastern United thor of legislation passed by Congress out of concern over the continued im- States Regional Championship. With earlier this year and signed by Presi- prisonment and disappearance of Aung these victories in hand, it was on to dent Bush known as the Truth in Do- San Suu Kyi, Nobel Peace Prize winner historic Williamsport, Pennsylvania to main Names Act, one can imagine my and leader of the National League of compete in the 2003 World Series. sense of satisfaction when yesterday I Democracy in Burma. There they captured this year’s received a call from a United States The cruel SPDC military dictator- championship title along with the Attorney in Manhattan to learn that ship ruling Burma today imprisoned hearts of baseball fans throughout the first prosecution under the Truth her in May of this year after their own America and the world. Their victory in Domain Names Act had taken place. government thugs attacked her and her brought East Boynton great recogni- Yesterday, Federal prosecutors in supporters. Ms. Suu Kyi is now on a tion, but it was their teamwork and Manhattan charged a Florida man with hunger strike in protest. sportsmanship that brought us all violating this new law that essentially Mr. Speaker, no country should be great pride. makes it illegal to use a misleading defending this savage dictatorship that We must also recognize their parents Internet domain name to entice chil- has no qualms about engaging in slave and coach, Kenny Emerson, who helped dren to view pornography on the Inter- labor, systematic rape, destruction of them set a new standard of excellence net. The defendant, John Zuccarini, villages and the murder of many inno- in play and in life. had actually registered 3,000 domain cent civilians. Please join me in saluting this fine names that included misspellings and What more will it take to get the team, the 2003 United States Little slight variations of popular names like international community to take de- League World Series champions, the ‘‘Disneyland’’ and ‘‘Bob the Builder’’ liberative, decisive action? Secretary East Boynton Little Leaguers. and then would lease them to pornog- General Kofi Annan and the U.N. Secu- f raphers to expose children to this pru- rity Council should immediately act to QUESTIONS FOR THE PRESIDENT rient material. secure the release of Aung San Suu Kyi, help alleviate the suffering of the (Mr. MCDERMOTT asked and was Thanks to the leadership shown here given permission to address the House in Congress, by the President and by people and address the terrible state of for 1 minute and to revise and extend the U.S. Attorney James Comey, Mr. affairs in Burma. his remarks.) Zuccarini is now being brought into f the halls of justice. And I am deeply Mr. MCDERMOTT. Mr. Speaker, I THE PHILMONT SCOUT RANCH, A humbled by this and felt the need come to the floor with a heavy heart TREASURE FOR ALL AMERICANS today. The wards are full at Walter today to rise and thank my colleagues (Mr. WILSON of South Carolina Reed Army Hospital and Bethesda for their support of the Truth in Do- asked and was given permission to ad- Naval Hospital, full of young men and main Names Act and most especially dress the House for 1 minute and to re- women who were sent by their country the gentleman from Wisconsin (Mr. vise and extend his remarks.) to defend their country, whose minds SENSENBRENNER), chairman of the Mr. WILSON of South Carolina. Mr. have to have the question today, why Committee on the Judiciary, and his Speaker, a highlight of the August dis- was I sent there? capable staff, Phil Kiko and Beth The President of the United States, Sokul, without whose effort the Truth trict work period was to accompany Mr. Speaker, and the Prime Minister of in Domain Names law would not be in my 15-year-old son Hunter on a 70-mile Great Britain have lost the confidence a position today to terrorize those who backpacking trek at the Philmont of their own people. They misled us would prey upon our children on the in- Scout Ranch in Cimarron, New Mexico. Philmont is correctly identified as a over and over and over again. They formation super highway. scouting paradise due to the multitude must come clean and tell the American f of camps and breathtaking views of people the truth. This is so reminiscent THE NATIONAL DEBT mountain ranges and Southwestern of what I went through during the mesas. This 137,000-acre area ecological Vietnam years that it is eerie. A gov- (Mr. DAVIS of Tennessee asked and wonder is the result of its benefactor, ernment that says, well, things are bet- was given permission to address the the late Waite Phillips, who donated ter today, things are better today, and House for 1 minute and to revise and the properties now defined as the another boy or another girl gets killed extend his remarks.) world’s largest camping organization, or is sent back to Walter Reed or Be- Mr. DAVIS of Tennessee. Mr. Speak- staffed by 900 employees for over 25,000 thesda maimed. er, it has been 846 days since President The President has got to come for- Bush and the Republican Party em- hikers who come annually from every ward and tell us the truth about what barked on their economic plan for our State. it is going to cost, where we are going country. Do the Members realize that I saw firsthand the accomplishments to get the people. They will not talk during that time the national debt has of dedicated adult volunteers, Mike about a draft, but they have kept those increased by $1,152,231,363,445 and some Apfeld and Jeff Geygan of the Mil- reservists and those National Guard few odd cents and according to the Web waukee County Scout Council, who people over there for a year. Those peo- site for the Bureau of the Public Debt guided our crew of nine scouts, Crew ple volunteered to support their coun- at the U.S. Department of the Treas- Leader Brendan Apfeld, Daniel Ger- try when it needed them. ury, at 4:30 p.m. yesterday, eastern lach, J.P. Geygan, Nicholas Haynes, How long are you going to keep them daylight time, the Nation’s debt was Michael Mastroianni, Christopher Mur- there, Mr. President? $6,792,556,749,803 and some few odd phy, Danny Brownfield, John McClel- lan, Jr., and Hunter Wilson. They f cents? achieved climbing the ranch’s highest ANNOUNCEMENT BY THE SPEAKER b 1015 peak on Baldy Mountain of 12,441 feet, PRO TEMPORE Now, you study that for a moment. encouraged by Ranger Michael Ferrin. The SPEAKER pro tempore (Mr. Furthermore, in fiscal year 2003, inter- Philmont Scout Ranch is a treasure SIMPSON). The Chair would advise est on our national debt, a debt tax, is for all Americans to enjoy, and I urge Members that they should address the $288,803,184,023 and some few odd cents my colleagues to encourage their scout Chair and not the President. through July 31 of this year. troops to participate in the exhila- f f rating Philmont experience. FIRST PROSECUTION UNDER ADDRESSING THE TERRIBLE f TRUTH IN DOMAIN NAMES ACT STATE OF AFFAIRS IN BURMA TRIBUTE TO GENERAL RAY DAVIS (Mr. PENCE asked and was given per- (Mr. PITTS asked and was given per- (Mr. BURNS asked and was given mission to address the House for 1 mission to address the House for 1 permission to address the House for 1

VerDate jul 14 2003 00:26 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.004 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7845 minute and to revise and extend his re- PROVIDING FOR CONSIDERATION York (Mr. REYNOLDS) is recognized for marks.) OF H.R. 2989, TRANSPORTATION, 1 hour. Mr. BURNS. Mr. Speaker, I rise TREASURY, AND INDEPENDENT Mr. REYNOLDS. Mr. Speaker, for the today to pay tribute to a true patriot. AGENCIES APPROPRIATIONS purpose of debate only, I yield the cus- Yesterday America lost a man who will ACT, 2004 tomary 30 minutes to my friend, the always be remembered as a hero. Gen- Mr. REYNOLDS. Mr. Speaker, by di- gentleman from Massachusetts (Mr. eral Ray Davis lived a life of service rection of the Committee on Rules, I MCGOVERN), pending which I yield my- and devotion to his country. Grad- call up House Resolution 351 and ask self such time as I may consume. Dur- uating from Georgia Tech as a naval for its immediate consideration. ing consideration of this resolution, all officer candidate, General Davis served The Clerk read the resolution, as fol- time yielded is for the purpose of de- in World War II, Korea and Vietnam lows: bate only. before retiring as a four-star general in H. RES. 351 Mr. Speaker, House Resolution 351 is 1972. Resolved, That at any time after the adop- an open rule that provides for consider- General Davis earned the Congres- tion of this resolution the Speaker may, pur- ation of H.R. 2989, the Department of sional Medal of Honor for his leader- suant to clause 2(b) of rule XVIII, declare the Transportation, Treasury, and related ship in the Korean War, in which he led House resolved into the Committee of the agencies appropriations for fiscal year a daring battle against an enemy which Whole House on the state of the Union for ending September 30, 2004. The rule vastly outnumbered his Marines. Gen- consideration of the bill (H.R. 2989) making waives all points of order against con- appropriations for the Departments of Trans- eral Davis and his men rescued two sideration of the bill. regiments that had been trapped for 5 portation and Treasury, and independent agencies for the fiscal year ending Sep- The rule also provides for one hour of days and then fought their way across tember 30, 2004, and for other purposes. The general debate, to be equally divided 14 miles of enemy territory over 3 days first reading of the bill shall be dispensed between the chairman and ranking mi- to return to safety. with. All points of order against consider- nority member of the Committee on His heroism earned him medals, but ation of the bill are waived. General debate Appropriations. The rule provides that it is his devotion to his country, the shall be confined to the bill and shall not ex- bill shall be considered for amendment military, and his fellow veterans that ceed one hour equally divided and controlled by paragraph. In addition, the rule we will remember most. General Davis by the chairman and ranking minority mem- ber of the Committee on Appropriations. waives clause 2 of rule XXI prohibiting was instrumental in the establishment unauthorized or legislative provisions of the Korean War Memorial and After general debate the bill shall be consid- ered for amendment under the five-minute in an appropriations bill against provi- stayed involved in issues important to rule. All points of order against provisions in sions in the bill, except as otherwise veterans and current military per- the bill are waived except as follows: page 9, specified in the rule. Further, the rule sonnel. line 10, through line 15; page 12, line 1, authorizes the Chair to accord priority On behalf of all Georgians in the through page 13, line 2; page 14, line 16, in recognition to Members who have Twelfth District, I offer my deepest through page 15, line 2; page 17, line 6, pre-printed their amendments in the sympathy to General Davis’ family. He through line 11; page 18, line 3, through page CONGRESSIONAL RECORD. Finally, the was indeed a true American hero. 24, line 12; ‘‘limited or’’ on page 26, line 9; page 27, line 14, through page 28, line 7; be- rule provides one motion to recommit, f ginning with ‘‘Provided’’ on page 28, line 19, with or without instructions. REAUTHORIZING TEA–21 through page 29, line 3; ‘‘Notwithstanding Mr. Speaker, this is the first year any other provision of law’’ on page 31, line that the Congress is considering appro- (Mrs. MUSGRAVE asked and was 5; page 31, line 14, through line 21; page 31, given permission to address the House priations for the Department of Trans- line 24, through page 32, line 17; ‘‘Notwith- portation and the Department of for 1 minute and to revise and extend standing any other provision of law’’ on page her remarks.) 34, line 24; beginning with ‘‘provided further’’ Treasury along with Postal Service, Mrs. MUSGRAVE. Mr. Speaker, I rise on page 36, line 17, through page 37, line 5; the Executive Office of the President today to address one of the most im- beginning with ‘‘provided further’’ on page and general government provisions in a portant issues we will debate during 45, line 16, through line 23; ‘‘Notwithstanding single appropriations bill. This change the 108th Congress, the reauthorization any other provision of law’’ on page 46, line was necessary to make room for cre- of TEA–21. 25; page 50, line 19, through ‘‘project’’ on ation of a subcommittee for the new page 51, line 4; beginning with ‘‘Notwith- Department of Homeland Security. The TEA–21 funding ends on September standing’’ on page 51, line 12, through 30, 2003, less than 30 days from now. So ‘‘amended’’ on line 13; page 53, line 3, Committee on Appropriations has far, this Congress has failed to even in- through page 54, line 12; ‘‘Notwithstanding worked diligently to combine these troduce a reauthorization bill. As our any other provision of law’’ on page 54, lines agencies and produce legislation that highways, bridges, and city streets fall 13 and 14; page 72, line 22, through page 76; meets the Nation’s priorities in a mul- apart, this House has failed to act, and page 122, line 4, through line 9; ‘‘Notwith- titude of areas. time is running out. standing any other provision of law’’ on page The bill provides $89.3 billion in total Tragically, instead of seeking out 126, lines 15 and 16; beginning with ‘‘and the budgetary resources, which is an in- prohibition’’ on page 126, line 20, through crease of $2.7 billion above the current creative transportation reforms, it ‘‘2512(a)(1))’’ on line 23. Where points of order seems that many in this body have de- are waived against part of a paragraph or level. This funding represents the firm cided that raising taxes and indexing section, points of order against a provision commitment of this Congress to fund them to inflation is the best way to be in another part of such paragraph or section necessary programs and projects across good stewards of taxpayers’ money. may be made only against such provision the Nation. This idea is not only counter to our Re- and not against the entire paragraph or sec- Total transportation funding in this publican ideals, but it also is irrespon- tion. During consideration of the bill for bill is over $58 billion. This funding, sible, regressive, and counter- amendment, the Chairman of the Committee which is so important in my district of the Whole may accord priority in recogni- and others throughout the entire coun- productive to our efforts to pass mean- tion on the basis of whether the Member of- ingful tax cuts earlier this year. fering an amendment has caused it to be try, is significantly increased over cur- When Coloradans sent me to Con- printed in the portion of the Congressional rent year spending. From highways and gress, they did so knowing that I am a Record designated for that purpose in clause transit programs to airports and Fed- fiscal conservative who wants to make 8 of rule XVIII. Amendments so printed shall eral Aviation Administration, the un- government smaller, not bigger. I will be considered as read. At the conclusion of derlying legislation meets the needs of not stand idly by while their taxes are consideration of the bill for amendment the our communities in previous years. Committee shall rise and report the bill to Some transportation programs have being raised. What Member of this body the House with such amendments as may ran on a promise to increase taxes by have been adopted. The previous question had guaranteed funding in authoriza- almost 50 percent? Not one of us. The shall be considered as ordered on the bill and tion acts. Even though such guarantees majority of my colleagues ran on amendments thereto to final passage with- no longer apply to this bill, the com- promises of smaller government and out intervening motion except one motion to mittee has provided at least a level of lower taxes. recommit with or without instructions. funding which was guaranteed last It is time to see a TEA–21 reauthor- The SPEAKER pro tempore (Mr. year; in the case of highways and air- ization bill with meaningful reforms. SIMPSON). The gentleman from New ports, even more. The absence of these

VerDate jul 14 2003 02:15 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.008 H04PT1 H7846 CONGRESSIONAL RECORD — HOUSE September 4, 2003 guarantees means new choices in the income tax credit. And despite pledges retary of Transportation the authority allocation of funds by providing the made to protect the corporate expa- to arrange for an alternate service pro- flexibility of fund programs that were triate language adopted by the full vider for commuter rail service should not protected under the previous guar- committee, this rule allows this impor- Amtrak cease operations. Mr. Speaker, antees but were equally important. tant provision to be removed from the that is not foresight. It is fore- The underlying legislation also gives bill without a vote by the House. shadowing of a disastrous transpor- significant increases to the Treasury Beginning with ISTEA in 1991 and tation crisis for this country. By pro- Department, bringing their appropria- continuing with TEA–21 in 1998, we re- viding Amtrak half of the funding it tion to over $11 billion. Of those funds, quired that the communities receive needs, this appropriations bill makes $2.7 million is available for stronger the maximum benefit from transpor- such an event a self-fulfilling prophesy. agency involvement in international tation investments. It is precisely be- Amtrak’s management deserves the op- affairs, including technical advisers for cause of mandated 10 percent setaside portunity to continue the progress it rebuilding the currency, banking and of surface transportation program has made, and it deserves the con- financial systems in Iraq; $29.3 million funds that the enhancement program fidence and support of this institution. is allocated for the new Office of Ter- has successfully leveraged State More importantly, the American pub- rorist Financing and Financial Crimes, matching contributions totalling al- lic deserves a first-rate national inter- and $5.3 million for IRS most $8.4 billion for 15,000 projects city rail system to complement our counterterrorism activities. Addition- spanning every part of this country. aviation and highway systems. I can- ally, funds are provided for the Office These funds have been used for such not believe we would walk away from of Foreign Assets Control and Finan- worthwhile activities as the develop- the success of the transportation en- cial Crimes Enforcement Network to ment of scenic bikeway and pedestrian hancement program or retreat from help fight money laundering and track facilities, the preservation of aban- the recent progress we have made in down terrorist financing. doned railway corridors, and the pro- setting Amtrak on the right course. All of these are important elements tection of historically significant This appropriations bill, unfortunately, of the war on terrorism, and they are transportation assets. takes us backwards instead of for- funded at or above the administration’s Mr. Speaker, in my home State of wards. request, demonstrating our pledge to Massachusetts, more than $75 million Mr. Speaker, I cannot stress strongly keep America safe from terrorists and has been invested in a total of 228 com- enough that although this is tech- showing that national security remains munity projects since 1992. Sixty per- nically an open rule, the opportunity a top priority. cent of that funding has been invested to amend this bill is very limited. The Many other agencies and programs in devising a network of bikeway and most substantive amendments brought that I have not outlined today are also pedestrian trails which is rapidly be- before the Committee on Rules last funded under this bill. coming an important part of our infra- night required waivers, and as usual Mr. Speaker, I would like to com- structure. But section 114 of this bill the Committee on Rules did not grant mend the chairman and ranking mem- would eliminate the mandatory 10 per- any of those waivers. ber of both the appropriations full com- cent setaside for transportation en- House rules severely restrict the mittee and subcommittee for their hancements that has made the pro- amendment process on all appropria- hard work on this difficult measure. gram so widely popular and tremen- tions bills. Therefore, even though the Mr. Speaker, I urge my colleagues to dously successful. Furthermore, it un- Committee on Rules granted an open support this rule and the underlying dermines the national transportation rule, one that technically does not re- legislation. policy we reaffirmed in TEA–21 in order strict the amendment process, by its Mr. Speaker, I reserve the balance of to allow States to divert funding from nature the amendment process for ap- my time. small scale, locally selected projects to propriations bills is still limited. For Mr. MCGOVERN. Mr. Speaker, I yield massive transportation initiatives that example, this rule does not make in myself such time as I may consume. do not have the same broad community order a number of important amend- Mr. Speaker, I thank my good friend, support. ments including one offered by the the gentleman from New York, for Mr. Speaker, the gentleman from ranking member, the gentleman from yielding me the customary 30 minutes. Wisconsin (Mr. PETRI) and the gen- Massachusetts (Mr. OLVER). That Mr. Speaker, let me begin by com- tleman from Massachusetts (Mr. amendment would have provided an ad- mending the members of the Sub- OLVER) will offer an amendment to ditional $500 million above the $900 committee on Transportation, Treas- strike this section from the bill, pre- million currently in the bill for Am- ury and Independent Agencies for their serving the good policy set by ISTEA trak. hard work on this difficult bill. This and TEA–21. I strongly urge my col- This would give Amtrak sufficient subcommittee faced many challenges, leagues to join me in supporting this funding to ensure solvency and to and with the help of the gentleman important amendment. begin to address the long-term capital from Florida (Chairman YOUNG) and This bill, Mr. Speaker, also badly needs that have been neglected for so the ranking member, the gentleman underfunds our national passenger rail long. The amendment offsets the addi- from Wisconsin (Mr. OBEY), they pro- system. Amtrak’s management has re- tional Amtrak funding by reducing the duced a bill for this House to consider cently begun to stabilize its finances, tax cut that those earning $1 million or today. improve service, and increase rider- more would receive in 2004 from $88,000 I especially want to thank and recog- ship. Their reward for that progress in to $88,500 or by only $2,500. nize my friend and colleague, the gen- this bill is to be given one-half, or $900 This rule does not protect language tleman from Massachusetts (Mr. million, of the $1.8 billion Amtrak currently in H.R. 2989 that would pro- OLVER), the ranking member of the needs to simply maintain existing op- hibit the Treasury Department from subcommittee, for his leadership and erations. One-half. contracting with expatriate corpora- his guidance in crafting this bill. Although I am pleased that more tions, those companies which operate than 40 percent of the $900 million pro- here in the United States but set up b 1030 vided to Amtrak under this bill is des- shell corporations overseas for the ex- While our colleagues deserve praise ignated by capital expenses along the pressed purpose of avoiding their taxes. for their work to improve this bill, it Northeast Corridor, we all need to take Amendments to allow both of these still has serious problems. I am con- a more national approach to Amtrak’s worthwhile initiatives were defeated cerned about the removal of the man- funding. The money provided for Am- last night by the Committee on Rules datory setaside for transportation en- trak in this bill is not only grossly in- Republicans, I am sad to say. hancements. Funding for Amtrak is sufficient; it is intended to bring Am- Finally, Mr. Speaker, let me com- half of what is needed to properly trak to the brink of failure. That is ment on two amendments regarding maintain and run this system. This bill wrong. U.S. policy towards Cuba. The gen- will make it harder, not easier, for low- Once again, the subcommittee has in- tleman from Arizona (Mr. FLAKE) and income families to receive the earned cluded a provision that gives the Sec- myself and several of our colleagues

VerDate jul 14 2003 00:26 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.010 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7847 from the Cuba Working Group will this is business as usual, if this is busi- Mr. REYNOLDS. Mr. Speaker, I yield offer a bipartisan amendment to pro- ness as usual, I think the American myself such time as I may consume. hibit funds from being used to enforce public would hang their heads when Mr. Speaker, I am certainly glad it is restrictions on travel by Americans to they understand it. an open rule that is going to be consid- Cuba. Another bipartisan amendment I am against this bill. I am against ered by an amendment process that will be offered by the gentleman from the previous question on the rule. I am goes paragraph by paragraph as is out- Massachusetts (Mr. DELAHUNT) and the against the rule itself. This bill is inad- lined here. And I also know, while I do gentleman from Arizona (Mr. FLAKE) equate in a large number of ways. It is not sit on appropriations nor author- that will eliminate the cap on remit- a joke in terms of what it does to Am- izing committees and just on the Com- tances to Americans from Cuban trak. It does not provide sufficient mittee on Rules, that this particular households. funding to keep Amtrak funded. And one prohibits unauthorized or legisla- Each year for the past 3 years these whether some people like it or not, we tive provisions in an appropriations amendments to end the ban on travel need a national Amtrak system. bill against provisions in the bill unless have received overwhelming support by Secondly, it virtually guarantees as specified before us today; and that the Members of this House. Last year that enhancement projects which were as usual we recognize those, the Chair it was approved by a vote of 262 to 167. a key in moving forward the transpor- or the speaker, according to the pri- The amendment to lift the cap on re- tation authorization bill the last time ority of recognition of Members who mittances passed by a similar margin. it was on the floor have now been gut- have preprinted their amendments in The crackdown on dissidents carried ted. And that means that municipali- the CONGRESSIONAL RECORD to be out earlier this year by the Cuban Gov- ties are not going to have the oppor- heard. And it provides one motion to ernment demonstrated how completely tunity for many of the enhancements recommit with or without instructions. ineffective U.S. policy over the past 40 they have had in the past. I think that Amtrak is going to be a debate that years has been in protecting human is a mistake. we will continue. As a New Yorker, I rights in Cuba. Because of this, many You have a weird sense of priorities certainly watch that debate closely. major human rights groups, including expressed in the EITC precertification But the Department of Transportation Amnesty International and Human provision in this bill. The majority has testified that Amtrak needs reform Rights Watch, have called on the says, ‘‘Oh, we ought to spend $100 mil- more than it needs money. As a matter United States Government to end the lion on more IRS enforcement to go of fact, I believe that the witnesses, the restrictions on Americans wanting to after the poorest taxpayers in this soci- Chair, and ranking member of the Sub- travel to Cuba. Most importantly, the ety who take advantage of the EITC’’, committee on Transportation, Treas- ury and Independent Agencies of the amendment affirms the basic right of when you could use that same $100 mil- Committee on Appropriations indi- all Americans to travel freely. lion and go after noncompliance by Former Supreme Court Justice Wil- large corporations and bring many cated that they also believe that liam Douglas said, ‘‘Freedom of move- times more dollars into the Treasury money alone was not going to solve Amtrak’s problems. So my under- ment is the very essence of our free so- than you ever will by the EITC provi- standing is there is money there and ciety, setting us apart. It often makes sion. there may well be amendments later all other rights meaningful.’’ This provision in this bill is not here Mr. Speaker, I urge my colleagues to to save the taxpayers money. It is here today that ask for consideration of more or less. support for the fourth year in a row the for ideological reasons. The Republican When we look at the discussion of Flake-McGovern amendment on ending majority for years supported the earned income tax credit as an alter- how much money and what categories the travel ban on the right of Ameri- of programs, I suppose if there was un- cans to travel to Cuba and support the native to the minimum wage increase. And now that there is no ‘‘threat’’ from limited money for transportation, we Delahunt-Flake amendment lifting the could then unlimit the categories, cap on remittances to Cuban family a Republican Congress on raising the minimum wage, now they go after the whether you need roads or bridges or members living on the island. bike paths. This legislation, while I Mr. Speaker, I reserve the balance of only tax provision in the law to help the poorest taxpayers who ought to get wish there was more transportation my time. money for my district or my State or Mr. REYNOLDS. Mr. Speaker, I yield a minimum wage increase but do not my region or the country as a whole, get it. myself such time as I may consume. has provided flexibility for the States Mr. Speaker, this is an open rule, and We also have the issue of Cuba. I am in order to make that tough decision. there will be ample debate throughout very much in support of the effort that Do you need a bike path? Do you need the day as we first have the debate on the gentleman from Massachusetts will make because in my view existing U.S. a bridge repair? Do you need roads re- the appropriations bill and then the op- constructed or constructed due to policy toward Cuba is stupid, capital portunity for Members to submit growth? So some of that flexibility letter stupid. It is mindless, capital let- amendments for consideration with the money we have gives States ter mindless. It is ineffective. All it throughout the day. the ability to make those tough deci- does is give that two-bit dictator Cas- Mr. Speaker, I reserve the balance of sions. my time. tro in Cuba an excuse to point to some- I listened carefully on the earned in- Mr. MCGOVERN. Mr. Speaker, I yield body else for his island’s troubles. Now, come tax credits as our colleague, the 5 minutes to the distinguished gen- I do not mind . . . well, I do mind be- ranking member of the Committee on tleman from Wisconsin (Mr. OBEY), the cause it is bad enough when we restrict Appropriations talked about it, but ranking member on the Committee on the rights of individual American citi- while my colleagues on the other side Appropriations. zens to travel where they want to trav- of the aisle argue that $105 million in Mr. OBEY. Mr. Speaker, we have just el, if it is being done on behalf of a IRS for precertification of the EITC ap- been told that this rule is an open rule. good policy; but I really do mind when plicants should be stricken, I just want That is an absolutely meaningless it is being done on behalf of a stupid to make the record known that every statement. What the majority has done policy. This policy is out-moded. It has other welfare program has a once again is to waive the rules of the not worked. If it had worked, Castro precertification, except the EITC. House for the majority product, but would be long gone. then refuse to waive those same rules Again, what we have here is an ideo- b 1045 for amendments that the minority logically driven policy. It is put to- EITC automatically sends checks, wishes to offer. In my view, that is a gether by people who think with their and only after they begin to look at gutless way to legislate. It is an unfair spleen instead of their head. It makes the eligibility. So I am not sure how way to legislate. It does discredit to no sense whatsoever. The bill ought to the system should work, and I will this House and discredit to those who be voted down. The rule ought to be leave that to the administration, but it impose those kinds of rules. voted down. The previous question is not as if this is singled out. And to suggest that this is an open ought to be voted down until this com- Mr. OBEY. Mr. Speaker, will the gen- rule, implying, somehow implying that mittee comes to its senses. tleman yield?

VerDate jul 14 2003 00:26 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.012 H04PT1 H7848 CONGRESSIONAL RECORD — HOUSE September 4, 2003 Mr. REYNOLDS. I yield to the gen- My amendment would have done this their struggle in today’s economy. tleman from Wisconsin. by reducing the average tax cut for Vote no on the previous question so we Mr. OBEY. Mr. Speaker, I thank the those earning $1 million or more of tax- can have an opportunity to block the gentleman for yielding to me. able income from an average of $88,000 automatic cost-of-living adjustment to I did not say that that provision to an average of $85,500 or about, on av- Members of Congress. Regardless of should be stricken. What I said is that erage, $2,500 per person. This amend- how Members feel about this issue, if you want to make money for the tax- ment should have been made in order if they should all be willing to make payers, you can haul in a lot more this Congress believes in a national their position public and on the record. money to the Treasury by using that passenger rail system. And I would just A no vote will allow Members to vote same hundred million dollars to go point out that for persons who are just up or down on the COLA. If the pre- after people with real bucks in their reaching that threshold of what sounds vious question is defeated, I will offer pockets, the large size corporations in like a very large number of $1 million an amendment to the rule. My amend- this country. What you will collect on of taxable income, for persons just ment will block the fiscal year 2004 this, if you do indeed have scarce dol- reaching that threshold, that would automatic cost-of-living pay raise for lars, it seems to me you ought to put have required a reduction of less than Members of Congress. Because this them where you get the biggest bang $1,000 in their tax cut. amendment requires a waiver, the only for a buck. The bill before us provides only $900 way to get to this issue is to defeat the Mr. REYNOLDS. Mr. Speaker, I million in fiscal 2004 for Amtrak and, if previous question. thank the gentleman for clarifying the enacted, will strangle passenger rail Therefore, I urge Members to vote no record. service in the United States. No large on the previous question. Mr. Speaker, I reserve the balance of private or public intercity passenger Mr. MCGOVERN. Mr. Speaker, I yield my time. rail system in the world has been prof- 2 minutes to the distinguished gen- Mr. MCGOVERN. Mr. Speaker, I yield itable or been able to survive without tleman from Maryland (Mr. HOYER), myself such time as I may consume. substantial public subsidy. When na- the minority whip. I want to respond to the gentleman tional governments no longer want to Mr. HOYER. Mr. Speaker, I thank from New York on the issue of Amtrak. support intercity rail service, the rail the gentleman for yielding time to me. The fact of the matter is that Am- service disappears. The lesson is clear. I will be very brief and not take 2 min- trak’s management has recently begun Passenger railways cannot operate utes, but I want to bring to the atten- to stabilize its finances and improve its without government support. tion, particularly of the Members on service and increase its ridership, and Over the last 5 years, Amtrak has re- my side, I will be voting for the pre- as I mentioned in my opening state- ceived an average of $1.1 billion per vious question. This is a procedure we ment, their reward for their progress in year, and this reduction in that level of have followed in the past. It is an hon- this bill is to be given one-half of what funding has caused Amtrak to defer est, in-the-daylight procedure. they need to maintain existing oper- important capital improvements to the The gentleman from Utah (Mr. ations. point of danger to the public safety of MATHESON) raises his point. He has If the gentleman does not want to users. raised it in the past. I would urge Mem- support Amtrak, he does not want to Amtrak has a $3.8 billion backlog on bers to vote for the previous question. give Amtrak the money that they need infrastructure, $1.1 billion backlog for Then I think on our side we are very to support their existing operations, fleet, and $9 million backlog for sta- concerned about the rule itself, and then that is his right and he can vote tions and facilities. Without an ade- many of us will not be supporting the no on such an amendment; but the quate capital budget we will be playing rule, but I would urge my Members on Committee on Rules last night specifi- Russian roulette with the operability this side to vote for the previous ques- cally denied the right of my colleague of Amtrak and the safety of its pas- tion. from Massachusetts (Mr. OLVER) to sengers. Mr. REYNOLDS. Mr. Speaker, I have offer his amendment which would have We must continue to work to provide no additional speakers, but I reserve corrected this shortfall, and I think Amtrak the money it needs to run a the balance of my time until my col- that is one of the concerns that we safe and national railway system. So league is prepared to close. have about this rule. because my amendment to provide that Mr. MCGOVERN. Mr. Speaker, I yield Why this rule truly is not open is be- necessary funding for the national rail myself such time as I may consume. cause a lot of meaningful amendments passenger system has not been made in I would just close by urging my col- to address some very serious issues order, I am urging a no vote on the leagues to vote no on this rule. The were denied last night by the Com- rule. majority says we have an open rule, mittee on Rules. Mr. REYNOLDS. Mr. Speaker, I re- but as my colleagues have heard in this Mr. Speaker, I yield 4 minutes to the serve the balance of my time. debate this morning, a number of very gentleman from Massachusetts (Mr. Mr. MCGOVERN. Mr. Speaker, I yield important, substantive amendments OLVER). 11⁄2 minutes to the gentleman from have not been made in order. Mr. OLVER. Mr. Speaker, I thank Utah (Mr. MATHESON). The amendment that the gentleman the gentleman for yielding me the Mr. MATHESON. Mr. Speaker, I rise from Massachusetts (Mr. OLVER) has time. today to urge my fellow Members to offered that would address this short- Mr. Speaker, I urge a no vote on this oppose the previous question. fall in funding for Amtrak was not al- rule. Mr. Speaker, I had an amendment Mr. Speaker, these are difficult times lowed by the Committee on Rules last which I had asked the Committee on in our Nation. We are fighting ter- night. This is our only opportunity to Rules to allow but was not made in rorism on numerous fronts. Our econ- fix this very, very serious issue. The order under the rule. That amendment omy is in serious trouble, unemploy- Amtrak funding in this bill is half of would have added $500 million to the ment is at record-high levels, and our what is necessary to maintain existing bill for Amtrak, bringing their total future budget deficits are predicted to services and operations, and it is sim- funding for fiscal year 2004 to $1.4 bil- be the highest in the history of this ply inadequate. lion, still $400 million less than Am- great Nation. In addition, this rule does not protect trak has indicated that they need to Now is not the time for Members of language in this bill that would pro- begin to make a dent in the severe de- Congress to be voting themselves a pay hibit the Treasury Department from ferred maintenance and inadequate raise. We need to show the American contracting with expatriate corpora- capital investments that have been people that we are willing to make sac- tions. Again, these are these companies plaguing them for years. rifices. We need to budget, live within which operate here in the United The amendment would have allowed our means and make careful spending States but set up shell corporations them to begin to make an inroad in decisions based on our most pressing overseas for the express purpose of those deferred maintenance and capital priorities. avoiding their taxes. We are at war. We investment deferences that have Mr. Speaker, let us send a signal to have a difficult economy. American plagued them, as I have indicated. the American people that we recognize citizens are being asked to sacrifice,

VerDate jul 14 2003 00:26 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.015 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7849 and yet we are going to protect compa- DeLay Knollenberg Portman Matheson Porter Smith (WA) Diaz-Balart, L. Kolbe Pryce (OH) McCarthy (NY) Price (NC) Snyder nies that set up these P.O. boxes in Diaz-Balart, M. Lantos Putnam McGovern Ramstad Spratt places like Bermuda to avoid paying Dicks Larson (CT) Quinn McIntyre Renzi Stearns taxes and to allow them to continue to Dingell Latham Radanovich Mica Rogers (AL) Stenholm receive U.S. Government contracts. It Doggett LaTourette Rahall Michaud Rogers (MI) Strickland Doolittle Leach Rehberg Miller (FL) Ross Stupak is unconscionable that we would try to Doyle Lee Reyes Miller (NC) Royce Sullivan protect those corporations. Dreier Levin Reynolds Moore Ryan (OH) Tanner I would urge my colleagues to vote Dunn Lewis (CA) Rogers (KY) Moran (KS) Ryan (WI) Taylor (MS) no on this rule. Ehlers Lewis (GA) Rohrabacher Murphy Ryun (KS) Taylor (NC) Emerson Linder Ros-Lehtinen Musgrave Sanchez, Loretta Terry Mr. Speaker, I yield back the balance Eshoo Lipinski Rothman Napolitano Sanders Thompson (CA) of my time. Everett Lowey Ruppersberger Neugebauer Sandlin Tiahrt Mr. REYNOLDS. Mr. Speaker, I yield Fattah Lucas (OK) Rush Northup Schiff Tierney Feeney Lynch Sabo Norwood Scott (GA) Toomey myself such time as I may consume. Ferguson Majette Sanchez, Linda Obey Sensenbrenner Turner (TX) I am sure the underlying bill before Filner Manzullo T. Paul Sessions Udall (CO) us today was an arduous undertaking. Frank (MA) Markey Saxton Pearce Shays Udall (NM) It represents funding for the Depart- Frelinghuysen Matsui Schakowsky Peterson (PA) Sherwood Vitter Frost McCarthy (MO) Schrock Petri Shimkus Walden (OR) ment of Transportation, Department of Gallegly McCollum Scott (VA) Pitts Shuster Weldon (FL) Treasury, including the IRS, the Gen- Garrett (NJ) McCotter Serrano Platts Simmons Whitfield eral Services Administration, the Gilchrest McCrery Shadegg Pomeroy Slaughter Wu Gillmor McDermott Shaw United States Postal Service, the Of- Gonzalez McHugh Sherman NOT VOTING—21 fice of Management and Budget, the Goodlatte McInnis Simpson Andrews Graves Rangel White House, Office of Personnel Man- Goss McKeon Skelton Burton (IN) Hyde Regula agement, among others. It is a brand Granger McNulty Smith (MI) DeGette Janklow Rodriguez Green (TX) Meehan Smith (NJ) DeMint John Roybal-Allard new subcommittee that was put to- Greenwood Meek (FL) Smith (TX) Dooley (CA) Kucinich Waxman gether by this House. Gutierrez Meeks (NY) Solis Engel Payne Woolsey It is a fair and balanced bill that Gutknecht Menendez Souder Gephardt Pickering Young (AK) Harman Millender- Stark seeks to continue programs that are Hastings (FL) McDonald Sweeney ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE working and reform those that are not. Hastings (WA) Miller (MI) Tancredo The SPEAKER pro tempore (Mr. Hefley Miller, Gary Tauscher By substantially increasing many SIMPSON) (during the vote). The Clerk areas of the bill and maintaining fund- Herger Miller, George Tauzin Hinchey Mollohan Thomas advises that the wall display for the ing in others, this Congress has once Hinojosa Moran (VA) Thompson (MS) electronic voting system is not dis- again lived up to its commitment to Hobson Murtha Thornberry playing lights in one column. The our communities. Hoeffel Myrick Tiberi Hoekstra Nadler Towns Chair would ask Members in the fourth I urge a ‘‘yes’’ vote on the previous Honda Neal (MA) Turner (OH) column of names to verify their votes question and a ‘‘yes’’ vote on the rule. Hoyer Nethercutt Upton at a voting station before the Chair an- Mr. Speaker, I yield back the balance Hunter Ney Van Hollen nounces the results of the vote. of my time, and I move the previous Issa Nunes Velazquez Istook Nussle Visclosky Once again, the wall display for the question on the resolution. Jackson (IL) Oberstar Walsh electronic voting system is not dis- The SPEAKER pro tempore (Mr. Jackson-Lee Olver Wamp playing lights in one column. The SIMPSON). The question is on ordering (TX) Ortiz Waters Jefferson Osborne Watson Chair would ask Members in the fourth the previous question. Johnson, E. B. Ose Watt column of names to verify their votes The question was taken; and the Johnson, Sam Otter Weiner at a voting station before the Chair an- Speaker pro tempore announced that Jones (OH) Owens Weldon (PA) nounces the results of the vote. the ayes appeared to have it. Kanjorski Oxley Weller Kennedy (RI) Pallone Wexler Mr. MATHESON. Mr. Speaker, I ob- Kilpatrick Pascrell Wicker b 1132 ject to the vote on the ground that a King (IA) Pastor Wilson (NM) Messrs. ROGERS of Michigan, DEAL quorum is not present and make the King (NY) Pelosi Wilson (SC) Kingston Pence Wolf of Georgia, BISHOP of Utah, NOR- point of order that a quorum is not Kirk Peterson (MN) Wynn WOOD, LAHOOD, FRANKS of Arizona, present. Kline Pombo Young (FL) KELLER, GERLACH, BURNS, DUN- The SPEAKER pro tempore. Evi- NAYS—173 CAN, PORTER, ENGLISH, FLAKE, dently a quorum is not present. NEUGEBAUER, PLATTS, HOLT, The Sergeant at Arms will notify ab- Alexander Coble Hayes MURPHY, CHABOT, DEUTSCH, sent Members. Allen Collins Hayworth Bachus Costello Hensarling ROYCE, FORD, SPRATT, SHAYS, Pursuant to clause 9 of rule XX, the Baird Davis (AL) Hill TIAHRT, STEARNS, PEARCE, KLECZ- Chair will reduce to 5 minutes the min- Baldwin Davis (CA) Holden KA, HOSTETTLER, MILLER of North imum time for any electronic vote, if Barrett (SC) Davis (TN) Holt Bartlett (MD) Davis, Jo Ann Hooley (OR) Carolina, FOLEY, MICA, HAYES, ordered, on the question of adoption of Beauprez Deal (GA) Hostettler TERRY, SHUSTER, GIBBONS, COBLE, the resolution. Becerra DeFazio Houghton LEWIS of Kentucky, PETERSON of The vote was taken by electronic de- Bell Deutsch Hulshof Pennsylvania, RENZI, WELDON of vice, and there were—yeas 240, nays Berkley Duncan Inslee Berry Edwards Isakson Florida, BURR, Mrs. JOHNSON of Con- 173, not voting 21, as follows: Bishop (NY) Emanuel Israel necticut, Ms. HARRIS, Ms. KAPTUR [Roll No. 463] Bishop (UT) English Jenkins and Ms. SLAUGHTER changed their Blackburn Etheridge Johnson (CT) YEAS—240 Boozman Evans Johnson (IL) vote from ‘‘yea’’ to ‘‘nay.’’ Abercrombie Boehner Clyburn Boswell Farr Jones (NC) Messrs. SHERMAN, BALLANCE, Ackerman Bonilla Cole Bradley (NH) Flake Kaptur DICKS, BILIRAKIS, MEEHAN, MAT- Aderholt Bonner Conyers Brady (TX) Fletcher Keller Akin Bono Cooper Brown (OH) Foley Kelly SUI, JEFFERSON, BERMAN, DAVIS Baca Boucher Cox Brown-Waite, Forbes Kennedy (MN) of Illinois, OWENS, BOYD, PASTOR, Baker Boyd Cramer Ginny Ford Kildee BOUCHER, Mrs. LOWEY, Mrs. BONO, Ballance Brady (PA) Crane Burgess Fossella Kind Ms. MAJETTE and Ms. MCCARTHY of Ballenger Brown (SC) Crenshaw Burns Franks (AZ) Kleczka Barton (TX) Brown, Corrine Crowley Burr Gerlach LaHood Missouri changed their vote from Bass Buyer Cubin Capito Gibbons Lampson ‘‘nay’’ to ‘‘yea.’’ Bereuter Calvert Culberson Capps Gingrey Langevin So the previous question was ordered. Berman Camp Cummings Cardoza Goode Larsen (WA) Biggert Cannon Cunningham Carson (IN) Gordon Lewis (KY) The result of the vote was announced Bilirakis Cantor Davis (FL) Carson (OK) Green (WI) LoBiondo as above recorded. Bishop (GA) Capuano Davis (IL) Carter Grijalva Lofgren PERSONAL EXPLANATION Blumenauer Cardin Davis, Tom Case Hall Lucas (KY) Blunt Castle Delahunt Chabot Harris Maloney Mrs. EMERSON. Mr. Speaker, earlier today Boehlert Clay DeLauro Chocola Hart Marshall I inadvertently voted ‘‘yea’’ on rollcall vote 463,

VerDate jul 14 2003 05:35 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 9920 E:\CR\FM\K04SE7.018 H04PT1 H7850 CONGRESSIONAL RECORD — HOUSE September 4, 2003 ordering the previous question for H. Res. Moran (VA) Quinn Souder Payne Regula Waxman Murphy Radanovich Sullivan Pickering Rodriguez Woolsey 351, Providing for Consideration of H.R. 2989, Murtha Rahall Sweeney Rangel Roybal-Allard Young (AK) Departments of Transportation and Treasury Musgrave Rehberg Tancredo ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Appropriations Act of 2004. Myrick Renzi Tauzin I ask that, even though the record cannot Nethercutt Reyes Taylor (NC) The SPEAKER pro tempore (during Neugebauer Reynolds Terry the vote). The Chair would once again reflect this statement, you consider me op- Ney Rogers (AL) Thomas remind Members in the fourth column posed to the automatic pay increases that Northup Rogers (KY) Thornberry may result from passage of this provision, by Norwood Rogers (MI) Tiahrt to check their votes on the voting ma- Nunes Rohrabacher Tiberi chine. The voting machine is working a vote of 240–173, this morning. Nussle Ros-Lehtinen Toomey Obey Royce correctly, but the display is not dis- In the 106th and 107th Congresses, I was Turner (OH) Ortiz Ryan (WI) playing those names. Members should one of a handful of Representatives to co- Upton Osborne Ryun (KS) independently verify their votes on a sponsor legislation to eliminate these auto- Visclosky Ose Saxton voting station. matic pay adjustments for Members of Con- Otter Schrock Vitter gress. My voting record over the past seven Oxley Sensenbrenner Walden (OR) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Walsh years reflects my strong opposition to auto- Pearce Sessions The SPEAKER pro tempore (during Pence Shadegg Watson matic cost-of-living adjustments for Members Peterson (MN) Shaw Weldon (FL) the vote). Members are advised that 2 of Congress. Peterson (PA) Shays Weldon (PA) minutes remain in this vote. A ‘‘nay’’ vote would have best reflected my Petri Sherwood Weller Pitts Shimkus Whitfield opposition to automatic pay adjustments. I Platts Shuster Wicker b 1143 apologize for the way in which this inadvertent Pombo Simmons Wilson (NM) Mr. WAMP changed his vote from vote may have misled you to believe I am in Porter Simpson Wilson (SC) Portman Smith (MI) Wolf ‘‘aye’’ to ‘‘no.’’ favor of such an automatic pay increase. Pryce (OH) Smith (NJ) Wynn Mr. OBEY changed his vote from The SPEAKER pro tempore. The Putnam Smith (TX) Young (FL) ‘‘no’’ to ‘‘aye.’’ question is on the resolution. NOES—178 So the resolution was agreed to. The question was taken; and the The result of the vote was announced Speaker pro tempore announced that Abercrombie Hinchey Napolitano Ackerman Hinojosa Neal (MA) as above recorded. the ayes appeared to have it. Alexander Hoeffel Oberstar Mr. OBEY. Mr. Speaker, I move to re- RECORDED VOTE Allen Holden Olver consider the last vote. Baca Holt Owens Mr. OBEY. Mr. Speaker, I demand a MOTION TO TABLE OFFERED BY MR. REYNOLDS Baird Honda Pallone recorded vote. Baldwin Hooley (OR) Pascrell Mr. REYNOLDS. Mr. Speaker, I move A recorded vote was ordered. Becerra Hoyer Pastor to lay on the table the motion to re- Bell Inslee The SPEAKER pro tempore. This Paul consider. Berkley Israel Pelosi Berman Jackson (IL) The SPEAKER pro tempore. The will be a 5-minute vote. Pomeroy Berry Jackson-Lee The vote was taken by electronic de- Price (NC) question is on the motion offered by Bishop (NY) (TX) Ramstad the gentleman from New York (Mr. vice, and there were—ayes 235, noes 178, Blumenauer Jefferson Ross not voting 21, as follows: Boswell Johnson (IL) REYNOLDS) to table the motion to re- Boucher Johnson, E. B. Rothman consider offered by the gentleman from [Roll No. 464] Ruppersberger Boyd Jones (NC) Wisconsin (Mr. OBEY). AYES—235 Brown (OH) Jones (OH) Rush Brown, Corrine Kaptur Ryan (OH) The question was taken; and the Aderholt Crane Hayes Sabo Akin Crenshaw Hayworth Capps Kennedy (RI) Speaker pro tempore announced that Sanchez, Linda Bachus Cubin Hefley Capuano Kildee the ayes appeared to have it. T. Baker Culberson Hensarling Cardin Kilpatrick Sanchez, Loretta RECORDED VOTE Ballance Cummings Herger Cardoza Kind Sanders Ballenger Cunningham Hobson Carson (IN) Kleczka Mr. OBEY. Mr. Speaker, I demand a Barrett (SC) Davis, Jo Ann Hoekstra Carson (OK) Lampson Sandlin recorded vote. Bartlett (MD) Davis, Tom Hostettler Case Langevin Schakowsky A recorded vote was ordered. Barton (TX) Deal (GA) Houghton Chabot Lantos Schiff Bass DeLay Hulshof Clyburn Larsen (WA) Scott (GA) The SPEAKER pro tempore. This Beauprez Diaz-Balart, L. Hunter Costello Larson (CT) Scott (VA) will be a 5-minute vote. Bereuter Diaz-Balart, M. Isakson Cramer Lee Serrano The vote was taken by electronic de- Crowley Levin Biggert Dicks Issa Sherman vice, and there were—ayes 205, noes 180, Bilirakis Dingell Istook Davis (AL) Lewis (GA) Skelton Bishop (GA) Doolittle Jenkins Davis (CA) Lipinski Slaughter not voting 49, as follows: Bishop (UT) Doyle Johnson (CT) Davis (FL) LoBiondo Smith (WA) [Roll No. 465] Blackburn Dreier Johnson, Sam Davis (IL) Lofgren Snyder Blunt Duncan Kanjorski Davis (TN) Lowey Solis AYES—205 Boehlert Dunn Keller DeFazio Lucas (KY) Spratt Aderholt Capito Franks (AZ) Boehner Ehlers Kelly Delahunt Majette Stark Akin Castle Frelinghuysen Bonilla Emerson Kennedy (MN) DeLauro Maloney Stearns Bachus Chabot Gallegly Deutsch Markey Bonner English King (IA) Stenholm Baker Chocola Garrett (NJ) Doggett Marshall Bono Everett King (NY) Strickland Barrett (SC) Cole Gerlach Edwards Matheson Boozman Feeney Kingston Stupak Bartlett (MD) Collins Gibbons Emanuel Matsui Bradley (NH) Ferguson Kirk Tanner Barton (TX) Cox Gilchrest Eshoo McCarthy (MO) Brady (PA) Flake Kline Tauscher Bass Crane Gillmor Brady (TX) Fletcher Knollenberg Etheridge McCarthy (NY) Beauprez Crenshaw Gingrey Evans McCollum Taylor (MS) Brown (SC) Foley Kolbe Thompson (CA) Biggert Cubin Goode Brown-Waite, Forbes LaHood Farr McDermott Bilirakis Culberson Goodlatte Fattah McGovern Thompson (MS) Ginny Fossella Latham Tierney Bishop (UT) Cunningham Goss Burgess Franks (AZ) LaTourette Filner McIntyre Blackburn Davis, Jo Ann Granger Ford McNulty Towns Burns Frelinghuysen Leach Turner (TX) Blunt Davis, Tom Green (WI) Burr Gallegly Lewis (CA) Frank (MA) Meehan Boehlert DeLay Gutknecht Frost Meek (FL) Udall (CO) Buyer Garrett (NJ) Lewis (KY) Udall (NM) Bonilla Diaz-Balart, L. Harris Calvert Gerlach Linder Gonzalez Meeks (NY) Bonner Diaz-Balart, M. Hart Van Hollen Camp Gibbons Lucas (OK) Goode Menendez Bono Doolittle Hastings (WA) Velazquez Cannon Gilchrest Lynch Gordon Michaud Boozman Dreier Hayes Wamp Cantor Gillmor Manzullo Grijalva Millender- Bradley (NH) Duncan Hayworth Waters Capito Gingrey McCotter Gutierrez McDonald Brady (TX) Dunn Hefley Watt Carter Goodlatte McCrery Hall Miller (NC) Brown (SC) Ehlers Hensarling Castle Goss McHugh Harman Miller, George Weiner Brown-Waite, English Herger Chocola Granger McInnis Hastings (FL) Moore Wexler Ginny Everett Hobson Clay Green (TX) McKeon Hill Nadler Wu Burgess Feeney Hoekstra Coble Green (WI) Mica Burns Ferguson Hostettler Cole Greenwood Miller (FL) NOT VOTING—21 Burr Flake Hulshof Collins Gutknecht Miller (MI) Andrews Dooley (CA) Hyde Buyer Fletcher Hunter Conyers Harris Miller, Gary Burton (IN) Engel Janklow Calvert Foley Isakson Cooper Hart Mollohan DeGette Gephardt John Cannon Forbes Issa Cox Hastings (WA) Moran (KS) DeMint Graves Kucinich Cantor Fossella Istook

VerDate jul 14 2003 00:26 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.003 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7851 Jenkins Nunes Shays Watson Weiner Wu The Clerk read the title of the bill. Jones (NC) Nussle Sherwood Watt Wexler Wynn The CHAIRMAN pro tempore. Pursu- Keller Osborne Shimkus NOT VOTING—49 Kelly Ose Shuster ant to the rule, the bill is considered as Kennedy (MN) Otter Simmons Andrews Graves Pascrell having been read the first time. King (IA) Oxley Simpson Ballenger Greenwood Payne Under the rule, the gentleman from King (NY) Paul Bereuter Hinchey Smith (MI) Pickering Oklahoma (Mr. ISTOOK) and the gen- Kingston Pearce Smith (NJ) Berman Houghton Pombo Kirk Pence Smith (TX) Boehner Hyde Rangel tleman from Massachusetts (Mr. Kline Peterson (MN) Stearns Burton (IN) Janklow Regula OLVER) each will control 30 minutes. Knollenberg Peterson (PA) Sullivan Camp John Rodriguez The Chair recognizes the gentleman Kolbe Petri Sweeney Carter Johnson (CT) Roybal-Allard LaHood Pitts Deal (GA) Johnson, Sam from Oklahoma (Mr. ISTOOK). Tancredo Ryun (KS) Latham Platts DeGette Jones (OH) Mr. ISTOOK. Mr. Chairman, I yield Tauzin Souder Leach Porter Delahunt Kucinich myself such time as I may consume. Taylor (NC) Stark Lewis (CA) Portman Terry DeMint LaTourette Mr. Chairman, I am pleased to Lewis (KY) Pryce (OH) Dooley (CA) McCarthy (NY) Van Hollen Thomas Linder Putnam Emerson Miller, George Waxman present the Departments of Transpor- Thornberry LoBiondo Quinn Engel Myrick Woolsey tation, Treasury, and independent Tiahrt Lucas (OK) Radanovich Fattah Nadler Young (AK) Tiberi agencies appropriations bill for fiscal Lynch Rahall Gephardt Norwood Toomey year 2004. Because of the reorganiza- Manzullo Ramstad McCotter Rehberg Turner (OH) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tion of the Committee on Appropria- McCrery Renzi Udall (CO) The SPEAKER pro tempore (Mr. tions, this is an entirely new arrange- Upton McHugh Reynolds SIMPSON) (during the vote). Members ment for the form in which these agen- McInnis Rogers (AL) Vitter McKeon Rogers (KY) Walden (OR) are advised 2 minutes remain in this cies are presented to the House. In this Mica Rogers (MI) Walsh vote. bill, many of the historical programs Wamp Miller (FL) Rohrabacher b 1201 that were part of the Transportation Miller (MI) Ros-Lehtinen Weldon (FL) Department and the Treasury Depart- Miller, Gary Royce Weldon (PA) Messrs. COBLE, DICKS, FRANK of Weller ment were merged with the new De- Moran (KS) Ryan (WI) Massachusetts, RUSH, SPRATT, Ms. Murphy Saxton Whitfield partment of Homeland Security, and Musgrave Schrock Wicker WATERS, and Mr. WYNN changed then the remaining programs have now Nethercutt Sensenbrenner Wilson (NM) their vote from ‘‘aye’’ to ‘‘no.’’ Neugebauer Sessions Wilson (SC) been combined in this legislative pack- Messrs. LEWIS of California, age with the appropriations for agen- Ney Shadegg Wolf SAXTON, TANCREDO, THOMAS, and Northup Shaw Young (FL) cies such as the General Services Ad- WALDEN of Oregon changed their vote ministration, the Office of Personnel NOES—180 from ‘‘no’’ to ‘‘aye.’’ Management, the White House, the Ex- So the motion to table was agreed to. Abercrombie Gonzalez Michaud ecutive Office of the President, the Of- Ackerman Gordon Millender- The result of the vote was announced fice of Management and Budget and Alexander Green (TX) McDonald as above recorded. Allen Grijalva Miller (NC) Stated for: other critical agencies which are, at Baca Gutierrez Mollohan Mr. BEREUTER. Mr. Speaker, on Sep- times, dissimilar in their functions, Baird Hall Moore however. Baldwin Harman Moran (VA) tember 4, 2003, this Member unavoidably As a result, in putting together this Ballance Hastings (FL) Murtha missed rollcall vote No. 465. Because this was Becerra Hill Napolitano bill we have made budget trade-offs a 5-minute vote, in contrast to the normal Bell Hinojosa Neal (MA) that previously were not made by this practice of 15 minutes employed on the floor Berkley Hoeffel Oberstar particular subcommittee. We have Berry Holden Obey when votes are not predicted, this Member re- merged Members of Congress and com- Bishop (GA) Holt Olver turned to Committee and was unaware that Bishop (NY) Honda Ortiz mittee staff from two former sub- the normal practice was not pursued. Several Blumenauer Hooley (OR) Owens committees, and accomplishing the Boswell Hoyer Pallone other Members were in the same position. production of a $90 billion bill only a Boucher Inslee Pastor Had this Member been present, this Member Boyd Israel Pelosi few months into that task has been a would have voted ‘‘aye’’ on this procedural Brady (PA) Jackson (IL) Pomeroy Herculean task. Fortunately, we have vote to table the motion to reconsider the pre- Brown (OH) Jackson-Lee Price (NC) been blessed with good people, good Brown, Corrine (TX) Reyes vious vote. Capps Jefferson Ross Members, such as the ranking member, Capuano Johnson (IL) Rothman f the gentleman from Massachusetts Cardin Johnson, E. B. Ruppersberger TRANSPORTATION, TREASURY, (Mr. OLVER), Mr. ETHERIDGE and other Cardoza Kanjorski Rush Carson (IN) Kaptur Ryan (OH) AND INDEPENDENT AGENCIES staff that I will recognize later for Carson (OK) Kennedy (RI) Sabo APPROPRIATIONS ACT, 2004 their role in this bill. Case Kildee Sanchez, Linda The SPEAKER pro tempore. Pursu- But I believe we have produced a Clay Kilpatrick T. good product for the House. We have Clyburn Kind Sanchez, Loretta ant to House Resolution 351 and rule Coble Kleczka Sanders XVIII, the Chair declares the House in had a lot of learning, many hearings, Conyers Lampson Sandlin the Committee of the Whole House on and the members of the subcommittee Cooper Langevin Schakowsky have shown enormous dedication to Costello Lantos Schiff the State of the Union for the consider- Cramer Larsen (WA) Scott (GA) ation of the bill, H.R. 2989. produce this bill. I believe this is a Crowley Larson (CT) Scott (VA) The Chair designates the gentleman very good and solid bill. In most re- Cummings Lee Serrano from California (Mr. DREIER) as Chair- spects, it matches the budget request Davis (AL) Levin Sherman and the priorities of the President, and Davis (CA) Lewis (GA) Skelton man of the Committee of the Whole, Davis (FL) Lipinski Slaughter and requests the gentleman from Vir- makes some significant improvements Davis (IL) Lofgren Smith (WA) ginia (Mr. GOODLATTE) to assume the along the way. Davis (TN) Lowey Snyder chair temporarily. In particular, I am pleased that by DeFazio Lucas (KY) Solis exercising great discipline in a number DeLauro Majette Spratt b 1202 Deutsch Maloney Stenholm of areas, we are able to do more than Dicks Markey Strickland IN THE COMMITTEE OF THE WHOLE the President anticipated for investing Dingell Marshall Stupak Accordingly, the House resolved in the Nation’s highways. The budget, Doggett Matheson Tanner Doyle Matsui Tauscher itself into the Committee of the Whole unfortunately, due to downward move- Edwards McCarthy (MO) Taylor (MS) House on the State of the Union for the ment in the Highway Trust Fund rev- Emanuel McCollum Thompson (CA) consideration of the bill (H.R. 2989) enue, proposed an 8 percent reduction Eshoo McDermott Thompson (MS) Etheridge McGovern Tierney making appropriations for the Depart- in funding for Federal aid to highways. Evans McIntyre Towns ments of Transportation and Treasury, Thanks to the discipline we have exer- Farr McNulty Turner (TX) and independent agencies for the fiscal cised in other areas, this bill instead Filner Meehan Udall (NM) year ending September 30, 2004, and for provides a 7 percent increase. So it is Ford Meek (FL) Velazquez Frank (MA) Meeks (NY) Visclosky other purposes, with Mr. GOODLATTE $4.5 billion more than the President’s Frost Menendez Waters (Chairman pro tempore) in the chair. request expected we would be able to

VerDate jul 14 2003 02:15 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.005 H04PT1 H7852 CONGRESSIONAL RECORD — HOUSE September 4, 2003 do, and some $2.2 billion more than money to do. It would be nice, but we rail systems, not by Amtrak. Amtrak Federal aid to highways during the do not have the luxury of doing things is not synonymous with the railroads current fiscal year. that we could in times of rising reve- of America. Amtrak is not synonymous That money is excellent and signifi- nues. with rail passenger service. cant news for America’s economy, be- While increasing funds for highway Reform legislation is pending before cause each $1 billion of highway invest- investment, we had to hold down other the Congress with Amtrak, but it has ment creates some 40,000 jobs. So com- increases. For the Department of the not been acted on by the authorizing pared to the current year’s funding, Treasury, the FAA, the Federal Avia- committees. Until that happens, I be- this bill will add another 88,000 jobs tion Administration, the Office of Per- lieve it would be folly to provide huge across the country in highway con- sonnel Management, we, by necessity, increases for this railroad that has not struction alone. Compared to what we have provided cost-of-living increases kept up its commitments, that has not expected we would be able to produce and other mandatory expenses that are been honest with the American people. this year, this bill will add some 200,000 about 4 to 5 percent increases for those We should not be swayed by their jobs across the country. agencies, but the Executive Office of claims that they would go out of busi- That is good news also for the mil- the President and others have only a 1 ness unless they receive another $1.8 lions of motorists that are stuck in percent increase. We are exercising the billion. They have tried to make that traffic congestion. According to the fiscal restraint which is necessary. case by adopting poison-pill policies U.S. Department of Transportation, I do want to express special apprecia- saying, oh, we have all these hundreds America has unprecedented and wors- tion, of course, to everyone that has of millions of dollars in severance pay ening levels of highway congestion. In made it possible in making these tough that we have agreed to to make it a urban areas, the largest urban areas decisions. The gentleman from Massa- poison pill, to keep people from mak- that have 3 million people or more, 40 chusetts (Mr. OLVER) I have singled out ing the serious decisions that need to percent of the travel every day is under previously. He has been tough, but fair, be made for Amtrak. congested conditions. It costs the econ- in presenting his priorities. His input Even they admit that most of their omy billions of dollars with lost pro- and advice have been invaluable, and request is not needed for next year’s ductivity because of workers that are our work is the better for his contribu- operating bills. They want taxpayer stuck in traffic. The backlog of high- tion. money for their long-term capital in- way and bridge deficiencies continues I want to thank the chairman of the vestments because they have handled to rise. There is now over $325 billion, full committee, the gentleman from their system so poorly they find it dif- according to the Federal Highway Ad- Florida (Mr. YOUNG), for his fair and ficult to attract private dollars. We ministration, and some $400 billion, ac- generous allotment to our sub- should not accept their ‘‘sky is falling, cording to other Department of Trans- committee. Chicken Little’’ arguments. This bill is portation sources, in unaddressed high- Let me make sure that I also address more than fair to Amtrak and would be way construction needs in the United a couple of areas that I know will be sufficient, more than sufficient, to States of America. part of the debate on this bill. Let us meet the really important parts of We have to get America to work and look at Amtrak. their operating needs. move goods to market, and this bill The bill includes $900 million for Am- Let me also address what will be an- seeks to do that. No other form of trak. Some will say that is not enough. other part of the debate on this bill, transportation offers the flexibility Well, that is because Amtrak says they Mr. Chairman, the Federal Highway and the ability to move large numbers wanted twice as much. But, keep in Transportation Enhancements Pro- that our road network offers. Well over mind, Amtrak is not a Federal agency. gram. Several Members expressed con- 90 percent of the vehicle miles traveled They are in a special status, a special cern about the program and, because of in the United States today take place private situation. They can ask for that, the approach that was taken by on the highway. That is the way we whatever they want, but their requests the full Committee on Appropriations move, that is the way that goods get to have not gone through the same budget is to say that transportation enhance- market, it is the way emergency vehi- and vetting process as has been the ments are a program that States are cles and public safety vehicles are able case with the other agencies that have permitted to spend money on with to move. requested money. their allocation of Federal highway We have to address the critical prob- Amtrak’s request did not go through dollars, but we will no longer force lem of highway infrastructure to get the Office of Management and Budget. them to spend money on bike paths or America moving again. This bill seeks It was not balanced against other pedestrian paths if they have higher to do that in a very significant way, transportation priorities. It was a re- priorities for their bridges that are un- but without any increases in taxes or quest of what they said they want. safe, as thousands of bridges are, or in revenue. Their desires are transmitted directly their roads that are unsafe, as thou- While the needs go up, Mr. Chairman, to the Congress. But the administra- sands of miles of roads are, or their our ability to respond to them has been tion does not support the large request congestion problems. threatened by the tightness of the that came from Amtrak, and neither budget. There has been a dramatic de- do I. b 1215 cline in highway gasoline tax revenues. As the Secretary of Transportation, This is a decision affecting some $600 Gas tax receipts put into the highway Mr. Mineta, stated in a letter that he million a year, Mr. Chairman. I trust account of the trust funds went down wrote to me recently, and I quote the the States to make their decision. Is it almost $6 billion between 1999 and 2002. Secretary, ‘‘The problems at Amtrak of greater importance to the people in We do not expect them to return to the simply will not go away with a more their State and in their community to 1999 level until the year 2008. That is liberal application of dollars.’’ move a small number of people, to why the tough decisions that we have We are at a defining moment in the make a pedestrian path available or to made and the priorities we have set in Amtrak history, where we can go down move a large number of people and en- this bill are so important to work on the road of binding them to reform and hance their workforce and economic that backlog in a time of limited re- making tough decisions on where it development and productivity by re- sources. makes sense for Amtrak to operate and lieving congestion where they find it? I At the same time, there are increas- where it does not, or we can just throw trust States to make that decision. ing pressures on the general fund due money at the problem, money that we The bill permits them to offer an to Homeland Security and national de- do not have and that will move mil- amendment I know will be offered to fense priorities. We are trying to be fis- lions more people if that money is ap- try to say no, they must spend 10 per- cally responsible and use this money plied elsewhere. cent of their surface transportation more wisely and set tough priorities We should understand that of all the dollars which comes from highway among many competing demands. We rail passengers in the country, only 5 users, which comes from gasoline will hear many Members talk about percent or less are moved by Amtrak. taxes; but they must spend it on things things that they wish we had the Most of them are moved by commuter that do not help move the traffic and

VerDate jul 14 2003 00:26 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.027 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7853 do not help do the work and the busi- Mr. OLVER. Mr. Chairman, I do. Hayworth McInnis Ryan (WI) Hefley McKeon Ryun (KS) ness of America. The Transportation The CHAIRMAN pro tempore. The Hensarling McNulty Sanchez, Loretta Enhancement Program funds transpor- question is on the motion to rise of- Herger Meek (FL) Saxton tation museums, for example, at the fered by the gentleman from Wisconsin Hobson Menendez Schiff Hoeffel Michaud Schrock expense of the thousands of unsafe (Mr. OBEY). Hoekstra Miller (FL) Scott (GA) bridges that each of us have a portion The question was taken; and the Holden Miller (MI) Scott (VA) of in our district. Chairman pro tempore announced that Honda Miller, Gary Sensenbrenner So I look forward to what I hope will the noes appeared to have it. Hostettler Mollohan Serrano be a fair and honest and elucidating de- Houghton Moore Sessions bate on that particular topic. And it RECORDED VOTE Hulshof Moran (KS) Shadegg Mr. OBEY. Mr. Chairman, I demand a Hunter Murphy Shaw will be of interest, Mr. Chairman, to Inslee Murtha Shays know how many Members who tell me recorded vote. Isakson Musgrave Sherman sometimes, oh, I need money for a A recorded vote was ordered. Israel Myrick Sherwood The vote was taken by electronic de- Issa Nethercutt Shimkus highway project in my district, but if Istook Neugebauer Shuster they vote today to say no it is more vice, and there were—ayes 100, noes 298, Jackson (IL) Ney Simmons important to me to take money out of not voting 36, as follows: Jackson-Lee Northup Simpson my highways and put into things that (TX) Norwood Skelton [Roll No. 466] Jenkins Nunes Smith (MI) do not relieve the congestion and meet AYES—100 Johnson (CT) Nussle Smith (NJ) the transportation needs of the coun- Johnson (IL) Osborne Smith (TX) Ackerman Hill Nadler Johnson, Sam Ose Souder tries, then I will understand what their Alexander Hinchey Napolitano Jones (NC) Otter Stearns true priorities are. We need to make Andrews Hinojosa Neal (MA) Kanjorski Owens Strickland Baca Holt Oberstar those important decisions. Keller Oxley Sullivan Baird Hooley (OR) Obey There is one final area of the bill Kelly Pascrell Sweeney Baldwin Hoyer Olver Kennedy (MN) Pastor Tancredo that I want to make clear because I Becerra Jefferson Pallone King (IA) Paul Tauscher have talked mostly about transpor- Bell Johnson, E. B. Pelosi King (NY) Pearce Tauzin Berkley Kaptur Pomeroy tation. The Department of Treasury is Kingston Pence Taylor (MS) Berry Kennedy (RI) Ross in this bill. It provides critical con- Kirk Peterson (MN) Taylor (NC) Bishop (GA) Kildee Rothman Kline Peterson (PA) Terry tributions to the war on terrorism. It is Bishop (NY) Kilpatrick Ryan (OH) Knollenberg Petri Thomas Brown (OH) Kind Sabo more than just the agency that houses Kolbe Pitts Thompson (CA) Capuano Kleczka Sanchez, Linda the Internal Revenue Service. For ex- LaHood Platts Thornberry Carson (IN) Lampson T. Latham Pombo Tiahrt ample, the bill provides several million Carson (OK) Langevin Sandlin Leach Porter Tiberi dollars above the President’s request Case Lantos Schakowsky Levin Portman Toomey Clay Larsen (WA) Snyder for stronger involvement on the Treas- Lewis (CA) Price (NC) Turner (OH) Clyburn Larson (CT) Solis ury Department and international af- Lewis (KY) Pryce (OH) Turner (TX) Conyers Lee Spratt Linder Putnam Udall (NM) fairs, including technical advisors for Cooper Lewis (GA) Stark LoBiondo Quinn Upton rebuilding the currency bank and fi- Crowley Lipinski Stenholm Lofgren Radanovich Visclosky Cummings Majette Stupak nancial systems in Iraq. The Treasury Lowey Rahall Vitter DeLauro Maloney Tanner Department has a crucial role, which Lucas (KY) Ramstad Walden (OR) Deutsch Markey Thompson (MS) Lucas (OK) Rehberg Walsh we fund under this bill, to stop the Doggett McGovern Tierney Lynch Renzi Wamp Evans McIntyre Towns money trafficking that is funding ter- Manzullo Reyes Weiner Farr Meehan Udall (CO) rorist activity around the globe. It in- Marshall Reynolds Weldon (FL) Filner Meeks (NY) Van Hollen Matheson Rogers (AL) Weldon (PA) cludes $2.3 million more for the new of- Frank (MA) Millender- Velazquez Matsui Rogers (KY) Weller fice of terrorist financing and financial Frost McDonald Waters McCarthy (MO) Rogers (MI) Whitfield Grijalva Miller (NC) Watson crimes, another $5.3 million for the IRS McCarthy (NY) Rohrabacher Wicker Hall Miller, George Watt for counterterrorism activities, and 21, McCollum Ros-Lehtinen Wilson (NM) Hastings (FL) Moran (VA) Wynn almost 22, million dollars for the Office McCotter Royce Wilson (SC) of Foreign Assets Control, which is re- NOES—298 McCrery Ruppersberger Wolf McDermott Rush Wu sponsible for freezing the assets of ter- Abercrombie Buyer Edwards rorist organizations, and some $57 mil- Aderholt Calvert Ehlers NOT VOTING—36 Akin Camp Emanuel Brown, Corrine Graves Rangel lion for the financial crimes enforce- Allen Cantor Emerson ment network. Cannon Hyde Regula Bachus Capito English Deal (GA) Janklow Rodriguez All of these are important elements Baker Capps Eshoo DeGette John Roybal-Allard of the war on terrorism. We fund each Ballance Cardin Etheridge Delahunt Jones (OH) Sanders of them at or above the administra- Ballenger Cardoza Everett DeLay Kucinich Slaughter Barrett (SC) Carter Feeney tion’s request in our bill. DeMint LaTourette Smith (WA) Bartlett (MD) Castle Ferguson Dooley (CA) McHugh Waxman In conclusion, Mr. Chairman, I be- Barton (TX) Chabot Flake Engel Mica Wexler lieve this bill is fair and it is balanced. Bass Chocola Fletcher Fattah Ortiz Woolsey It provides for the major needs for the Beauprez Coble Foley Gephardt Payne Young (AK) Bereuter Cole Forbes Gonzalez Pickering Young (FL) Departments of Transportation and Berman Collins Ford Treasury and the other independent Biggert Costello Fossella b 1240 agencies, such as the GSA, all within Bilirakis Cox Franks (AZ) Bishop (UT) Cramer Frelinghuysen Messrs. FLAKE, GALLEGLY, the tight constraints of our budget. We Blackburn Crane Gallegly THOMPSON of California and have developed the bill in consultation Blumenauer Crenshaw Garrett (NJ) GINGREY changed their vote from with the minority and with each of the Blunt Cubin Gerlach ‘‘aye’’ to ‘‘no.’’ staffs involved. I support the bill Boehlert Culberson Gibbons Boehner Cunningham Gilchrest Mr. HOYER changed his vote from wholeheartedly, and I ask for the sup- Bonilla Davis (AL) Gillmor ‘‘no’’ to ‘‘aye.’’ port of each Member. Bonner Davis (CA) Gingrey So the motion was rejected. Mr. Chairman, I reserve the balance Bono Davis (FL) Goode The result of the vote was announced of my time. Boozman Davis (IL) Goodlatte as above recorded. Boswell Davis (TN) Gordon Mr. OLVER. Mr. Chairman, I yield 10 Boucher Davis, Jo Ann Goss Mr. OLVER. Mr. Chairman, I yield seconds to the gentleman from Wis- Boyd Davis, Tom Granger myself such time as I may consume. consin (Mr. OBEY). Bradley (NH) DeFazio Green (TX) Mr. Chairman, I want to thank the Brady (PA) Diaz-Balart, L. Green (WI) PREFERENTIAL MOTION OFFERED BY MR. OBEY gentleman from Oklahoma (Chairman Brady (TX) Diaz-Balart, M. Greenwood Mr. OBEY. Mr. Chairman, I move the Brown (SC) Dicks Gutierrez ISTOOK) for working so hard to get this Committee do now rise. Brown-Waite, Dingell Gutknecht bill to the floor. I think it has been a The CHAIRMAN pro tempore (Mr. Ginny Doolittle Harman more difficult task than many of us be- GOODLATTE). Does the gentleman from Burgess Doyle Harris lieve, but I also want to take a moment Burns Dreier Hart Massachusetts (Mr. OLVER) yield for Burr Duncan Hastings (WA) to thank the staff on both sides of the that purpose? Burton (IN) Dunn Hayes aisle for their hard work on this bill.

VerDate jul 14 2003 00:26 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.029 H04PT1 H7854 CONGRESSIONAL RECORD — HOUSE September 4, 2003 On the majority side, I want to rec- The bill only provides $900 million for and a proud graduate of Pittsfield High School ognize our clerk, Rich Efford, and Amtrak, pushing them to the brink of and then the University of Massachusetts at Cheryle Tucker, Leigha Shaw, Kurt a shutdown, despite the fact that 220 Amherst, Bob has been real home-grown suc- Dodd, Walter Hearne and Bill Nichol- Members of this body sent a letter to cess story and an invaluable staffer in my or- son. the Committee on Appropriations sup- ganization. The opportunity presented by the On the minority side, I particularly porting Amtrak’s request for $1.8 bil- Mansfield fellowship, however, is a great one, want to thank Mike Malone and Bev- lion. I also will offer an amendment to and I know Bob will represent our Nation in erly Pheto from the committee staff restore funding for Amtrak. outstanding fashion. and Bob Letteney and Rob Gatehouse Transit programs are still woefully Bob, thank you for your years of hard work from my personal staff. underfunded. The New Starts transit in my office, and I wish you the best of luck I want to pay a special recognition account is still $300 million below the in Japan and beyond. and thanks to my legislative director, President’s request for the New Starts Mr. Chairman, I reserve the balance Bob Letteney, who has been a member program. of my time. of my staff since 1997. He has handled Job access and reverse commute Mr. ISTOOK. Mr. Chairman, I yield transportation appropriations issues on grants are cut by $64 million from last myself such time as I may consume to my personal staff for the last several year’s enacted bill. These funds help engage in a colloquy with the gen- years, but Bob is one of a handful of low-income families in rural and urban tleman from Virginia (Mr. CANTOR). Federal employees selected this year as areas get rides to work, school and Mr. CANTOR. Mr. Chairman, will the a Mike Mansfield fellow, and that health care appointments. gentleman yield? Mr. ISTOOK. I yield to the gen- unique program named for the former For the FAA, funds are not provided tleman from Virginia. Senate majority leader and Ambas- as requested by the President to begin sador to Japan places Federal workers Mr. CANTOR. Mr. Chairman, I rise to hiring additional air traffic controllers engage in a colloquy with Chairman in targeted Japanese Government in advance of an imminent wave of re- ISTOOK regarding the Transportation/ agencies where an exchange of knowl- tirements. edge would be beneficial to both coun- Treasury appropriation bill about the And on the Treasury side of the bill, importance of funding the Richmond tries. It is an honor to be chosen for a $100 million is included to implement Mansfield fellowship, and the program Federal courthouse. This courthouse an earned income tax credit project is very important to my con- directors could not have selected a bet- precertification program that would ter candidate than Bob Letteney. So I stituents and will be critical to the subject four million working poor to economic revitalization of downtown thank Bob for his years of hard work in additional burdens each year and drive my office, and I wish him the best of Richmond. many of them away from the program The Richmond courthouse project luck in Japan and beyond. which former President Ronald Reagan Mr. Chairman, as I said, this has been has received a very high ranking from called our most effective program to the Administrative Office of the Courts a long road to get this bill to the floor, reduce poverty. and I appreciate the chairman working and is number two on its list of court- This bill also contains no funding for house construction projects. with us to make substantial changes to Federal courthouse construction at a the original subcommittee mark. Mr. ISTOOK. Mr. Chairman, reclaim- time when we already face a signifi- ing my time, I appreciate the oppor- Among other things, during full com- cant backlog of construction and ren- mittee, money was added back for tunity to share my thoughts on the ovation needs, and this will certainly rural communities that rely on essen- matter with the gentleman from Vir- make the situation worse. ginia (Mr. CANTOR). I am very much tial air service programs. On the floor today and in conference, In full committee we also increased aware of the need to fund the Rich- I hope we will be able to rectify some funding for new starts transit projects mond Federal courthouse. I am con- of these problems and have strong bi- and added some money, though not cerned, of course, about the funding nearly enough, to the Amtrak pro- partisan support for the end product of needs for all of the Nation’s court- gram. those deliberations. houses. The bill also obligates over $33 bil- I want to pay special recognition and thanks As the gentleman is aware, due to lion, of course this is a major nut of to my Legislative Director, Bob Letteney, who budget limitations, we have not pro- funding in this appropriations bill, for has been a member of my Washington staff vided funding for any new courthouse the Nation’s highway program, and since 1997. construction in this bill, but I would that is the largest, obviously, piece in Bob started with me as a Staff Assistant like to be helpful to him and to his this whole legislation. Each billion will and worked his way all the way up to Legisla- constituents, and I am looking for the create some 45,000 new jobs. Yet we tive Director. He has handled transportation necessary funds to finance courthouse still have a long way to go to get what appropriations issues on my personal staff for construction projects, including the I would consider a balanced Transpor- the last several years. Richmond Federal courthouse. I under- tation Treasury bill. Bob is one of a handful of federal employ- stand the importance of it to the Fed- The bill cripples the enhancement ees selected this year as a Mike Mansfield fel- eral Judiciary and that it is a critical program by eliminating the minimum low. element of the revitalization of down- authorized guarantee for enhancements This unique program, named for the former town Richmond. that has been in effect for the 12 years Senate Majority Leader and Ambassador to Mr. CANTOR. Mr. Chairman, if the of the ISTEA and TEA–21 authoriza- Japan, places federal workers in targeted Jap- gentleman will continue to yield, I tions that were established by over- anese government agencies where an ex- want to thank him for his continued whelming votes of this Congress. change of knowledge would be beneficial to commitment to addressing the funding both countries. The federal workers selected of the Federal courthouse in Rich- b 1245 as fellows study Japanese language and cul- mond. The Federal courthouse will re- Enhancements include bike trails, tural intensively for the first year of a two-year vitalize downtown Richmond and pro- pedestrian walkways, and money for program, and after that are placed in a Tokyo vide a critical link between the con- historic preservation. They are vital agency appropriate for their background and vention center area and Capital components of the transportation sys- professional interests. Square. tem and enhance the fabric of our local It’s an honor to be chosen for a Mansfield I have heard from many leaders in communities. The chairman of the fellowship, and the program directors couldn’t the City of Richmond about the neces- Subcommittee on Highways and Tran- have selected a better candidate than Bob sity for funding this project, and I sit and Pipelines of the Committee on Letteney. I understand Bob wants to be placed agree construction of the Federal Transportation and Infrastructure, the in a rail transportation agency, and this is courthouse is long overdue. gentleman from Wisconsin (Mr. PETRI), clearly a critical area for the U.S. over the next Again, I want to thank the chairman along with me and a large bipartisan decade. for his leadership and look forward to group of Members, will have an amend- So it will be with mixed emotions that I say working with him on this program. ment to preserve that enhancement ‘‘goodbye’’ to Bob on his last day in my office Mr. HOYER. Mr. Chairman, will the program. next week. A Pittsfield, Massachusetts native gentleman yield?

VerDate jul 14 2003 00:26 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.032 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7855 Mr. ISTOOK. I yield to the gen- Miller, George Rothman Stark Sherwood Tauscher Walden (OR) tleman from Maryland. Moran (VA) Rush Stenholm Shimkus Tauzin Walsh Nadler Ryan (OH) Stupak Shuster Taylor (MS) Wamp Mr. HOYER. Mr. Chairman, I thank Napolitano Sabo Tanner Simmons Taylor (NC) Watt the gentleman from Oklahoma for Neal (MA) Sanchez, Loretta Thompson (MS) Simpson Terry Weiner yielding to me, and I want to say that Oberstar Sanders Tierney Skelton Thomas Weldon (FL) Obey Sandlin Towns Smith (MI) Thompson (CA) I agree with the gentleman’s comments Weldon (PA) Olver Schakowsky Udall (CO) Smith (NJ) Thornberry Weller Smith (TX) Tiahrt with respect to the Richmond court- Pallone Scott (GA) Van Hollen Whitfield Pascrell Slaughter Velazquez Smith (WA) Tiberi house. Wicker Pelosi Snyder Waters Souder Toomey Wilson (NM) I might add, however, and I think the Pomeroy Solis Watson Spratt Turner (OH) chairman hopefully shares this view, Stearns Turner (TX) Wilson (SC) that the Los Angeles courthouse and NOES—302 Strickland Udall (NM) Wolf Wu others are on the priority list. As the Sullivan Upton Abercrombie Eshoo Lucas (KY) Sweeney Visclosky Wynn gentleman knows, this committee has Aderholt Etheridge Lucas (OK) Tancredo Vitter Young (FL) followed not a political agenda with re- Akin Everett Lynch Allen Fattah Majette ANSWERED ‘‘PRESENT’’—1 spect to the funding of courthouses, Baca Feeney Maloney DeFazio but the court’s determination of the Bachus Ferguson Manzullo most-needed facilities, of which Rich- Baker Flake Marshall NOT VOTING—42 Ballance Fletcher Matheson mond, as the gentleman pointed out, Andrews Gonzalez Nussle Ballenger Foley McCarthy (MO) Boucher Graves Ortiz comes very high. Barrett (SC) Forbes McCarthy (NY) Brown, Corrine Gutierrez Oxley Bartlett (MD) Ford McCollum I would hope the gentleman would Camp Honda Payne Barton (TX) Fossella McCotter join in urging the administration and Carson (OK) Hunter Pickering Bass Franks (AZ) McCrery Clay Hyde Rangel urging the Congress to again start Beauprez Frelinghuysen McInnis Conyers Janklow Regula funding courthouses. If we do not, we Bell Gallegly McIntyre DeGette John Reynolds Bereuter Garrett (NJ) McKeon are going to see the administration of DeMint Johnson, Sam Rodriguez Berman Gerlach Meek (FL) Dingell Kucinich Roybal-Allard justice put at risk in many of the high- Biggert Gibbons Menendez Dooley (CA) LaTourette Waxman est demand areas in the country. So I Bilirakis Gilchrest Mica Doyle Matsui Wexler Bishop (UT) Gillmor Michaud appreciate the gentleman’s comments Engel McHugh Woolsey Blackburn Gingrey Miller (FL) about Richmond, but it applies as well Gephardt Meeks (NY) Young (AK) Blumenauer Goode Miller (MI) to many other jurisdictions. Blunt Goodlatte Miller, Gary b 1312 Mr. ISTOOK. Reclaiming my time, Boehlert Gordon Mollohan Mr. Chairman, I thank the gentleman Boehner Goss Moore Messrs. GALLEGLY, SWEENEY, Bonilla Granger Moran (KS) KINGSTON and Mrs. EMERSON for his comments. Bonner Green (TX) Murphy Mr. Chairman, I reserve the balance Bono Green (WI) Murtha changed their vote from ‘‘aye’’ to ‘‘no.’’ of my time. Boozman Greenwood Musgrave So the motion was rejected. Mr. OLVER. Mr. Chairman, I yield 10 Boswell Gutknecht Myrick The result of the vote was announced Boyd Hall Nethercutt as above recorded. seconds to the gentleman from Wis- Bradley (NH) Harman Neugebauer consin (Mr. OBEY). Brady (PA) Harris Ney Mr. ISTOOK. Mr. Chairman, I yield Brady (TX) Hart Northup myself such time as I may consume for PREFERENTIAL MOTION OFFERED BY MR. OBEY Brown (SC) Hastings (WA) Norwood the purpose of a colloquy with the gen- Mr. OBEY. Mr. Chairman, I move Brown-Waite, Hayes Nunes tleman from Florida (Mr. GOSS). that the Committee do now rise. Ginny Hayworth Osborne Burgess Hefley Ose Mr. GOSS. Mr. Chairman, will the The CHAIRMAN. Does the gentleman Burns Hensarling Otter gentleman yield? from Massachusetts (Mr. OLVER) yield Burr Herger Owens Mr. ISTOOK. I yield to the gen- to the gentleman from Wisconsin for Burton (IN) Hill Pastor tleman from Florida. that purpose? Buyer Hinchey Paul Calvert Hobson Pearce Mr. GOSS. Mr. Chairman, I thank the Mr. OLVER. I do. Cannon Hoeffel Pence gentleman for an opportunity to speak The CHAIRMAN. The question is on Cantor Hoekstra Peterson (MN) on behalf of a project very important the motion offered by the gentleman Capito Holden Peterson (PA) Capps Hooley (OR) Petri to motorists, to commerce, and to the from Wisconsin (Mr. OBEY) that the Cardin Hostettler Pitts well-being of millions of residents and Committee do now rise. Cardoza Houghton Platts visitors to southwest Florida. The question was taken; and the Carter Hulshof Pombo Case Inslee Porter As a great number of my colleagues Chairman announced that the noes ap- Castle Isakson Portman and their families know, there has been peared to have it. Chabot Israel Price (NC) a steady and dramatic increase in the Chocola Issa Pryce (OH) RECORDED VOTE population in the southwest Florida Coble Istook Putnam Mr. OBEY. Mr. Chairman, I demand a Cole Jackson-Lee Quinn area. recorded vote. Collins (TX) Radanovich b 1315 A recorded vote was ordered. Costello Jefferson Rahall Cox Jenkins Ramstad The vote was taken by electronic de- This growth is indeed welcome. It is Cramer Johnson (CT) Rehberg reflective of a robust economy and a vice, and there were—ayes 89, noes 302, Crane Johnson (IL) Renzi answered ‘‘present’’ 1, not voting 42, as Crenshaw Jones (NC) Reyes wonderful quality of life, but it has follows: Cubin Kanjorski Rogers (AL) contributed to the serious congestion Culberson Keller Rogers (KY) of our only interstate, I–75. [Roll No. 467] Cummings Kelly Rogers (MI) Cunningham Kennedy (MN) Rohrabacher We have requested funds that would AYES—89 Davis (AL) Kildee Ros-Lehtinen widen the forgotten section of I–75, as Ackerman Deutsch Kilpatrick Davis (CA) King (IA) Ross we refer to it. It is a section that Alexander Doggett Kind Davis (FL) King (NY) Royce Baird Emanuel Kleczka Davis (IL) Kingston Ruppersberger serves our State university and our Baldwin Evans Lampson Davis, Jo Ann Kirk Ryan (WI) international airport, to say nothing of Becerra Farr Langevin Davis, Tom Kline Ryun (KS) the daily traffic of commuters and visi- Berkley Filner Larsen (WA) Deal (GA) Knollenberg Sanchez, Linda tors. Berry Frank (MA) Larson (CT) DeLay Kolbe T. Bishop (GA) Frost Lee Diaz-Balart, L. LaHood Saxton The current level of project funding Bishop (NY) Grijalva Lewis (GA) Diaz-Balart, M. Lantos Schiff contained in this act is very helpful Brown (OH) Hastings (FL) Lofgren Dicks Latham Schrock and we are grateful, but it does not Capuano Hinojosa Markey Doolittle Leach Scott (VA) Carson (IN) Holt McDermott Dreier Levin Sensenbrenner allow for the full solution to our con- Clyburn Hoyer McGovern Duncan Lewis (CA) Serrano gestion problem. Cooper Jackson (IL) McNulty Dunn Lewis (KY) Sessions It is for this reason that I respect- Crowley Johnson, E. B. Meehan Edwards Linder Shadegg fully ask the chairman that this issue Davis (TN) Jones (OH) Millender- Ehlers Lipinski Shaw Delahunt Kaptur McDonald Emerson LoBiondo Shays be revisited during the conference com- DeLauro Kennedy (RI) Miller (NC) English Lowey Sherman mittee for this legislation.

VerDate jul 14 2003 02:15 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.040 H04PT1 H7856 CONGRESSIONAL RECORD — HOUSE September 4, 2003 Mr. ISTOOK. Mr. Chairman, I appre- for his chairmanship in having gone [Roll No. 468] ciate the gentleman’s comments and through our budget for the first time, AYES—87 his support for his State and its needs, as well as our ranking member, the Alexander Grijalva Oberstar but financial resources, as the gen- gentleman from Massachusetts (Mr. Andrews Hastings (FL) Obey tleman knows, are indeed tight. OLVER), for his first time. Baca Holt Olver The committee, hopefully, may con- I do believe that we have a balanced Baird Hooley (OR) Pallone sider additional appropriations for this budget before us. It is a good budget Baldwin Hoyer Pelosi Ballance Jackson (IL) Pomeroy project in the conference committee with some modification as we go Becerra Jefferson Rothman should additional funds be made avail- through the amendments today. Bell Johnson, E. B. Ryan (OH) able to us at this time because I know I first want to bring to the Members’ Berry Jones (OH) Sabo of the great growth in his State and attention the earned income tax credit Bishop (GA) Kaptur Sanchez, Linda Bishop (NY) Kennedy (RI) T. the significance of this project. I appre- which in this bill allows $100 million Brown (OH) Kilpatrick Sanders Brown, Corrine Lampson ciate the gentleman bringing this to for 45,000 people to be looked at to see Sandlin Capuano Langevin my attention and will continue to if they are in compliance in order to re- Schakowsky Carson (IN) Larsen (WA) Scott (GA) work with him on it. ceive the EITC. Carson (OK) Larson (CT) Mr. GOSS. Mr. Chairman, if the gen- We believe, and we will be offering an Clyburn Lee Snyder tleman will continue to yield, I would amendment later today to reduce that Conyers Lewis (GA) Stenholm Stupak like to thank him for that, for the op- to 25,000 people and to use 50 million of Cooper Markey Crowley McDermott Tanner portunity to speak today and for the those tax dollars to look at corpora- Cummings McGovern Thompson (MS) extraordinary good work he is doing to tions and other high-wagers to see if DeLauro McNulty Tierney get this bill moving. they are in compliance. Doggett Meehan Towns Mr. ISTOOK. I thank the gentleman The earned income tax credit assists Emanuel Millender- Udall (CO) Evans McDonald Van Hollen from Florida. moderate and low-income families. It Farr Miller (NC) Velazquez Mr. Chairman, I yield 2 minutes to provides for them revenues and monies Filner Miller, George Visclosky the gentleman from Florida (Mr. they need for college educations and Frank (MA) Moran (VA) Waters WELDON). other things that this budget does not Frost Napolitano Watson Mr. WELDON of Florida. Mr. Chair- apply. So we hope that that $50 million Gonzalez Neal (MA) Watt man, I thank the gentleman for yield- will be adequate for the pilot program, NOES—305 ing time, and I commend him for pro- and we will hear more on that as we go Abercrombie Culberson Hobson ducing what I think is a fair and bal- on throughout the day. Ackerman Cunningham Hoeffel anced bill. Another is the Buy American provi- Aderholt Davis (AL) Hoekstra I know every area of the Nation is ex- sion that I have offered in this bill. In Akin Davis (CA) Holden Allen Davis (FL) Hostettler periencing significant problems with my home State of Michigan over 400,000 Bachus Davis (IL) Houghton its transportation needs and that we people are out of work. Many of the Baker Davis (TN) Hulshof would all like to see more funds for manufacturing jobs have gone offshore. Ballenger Davis, Tom Hunter Barrett (SC) Deal (GA) Hyde transportation purposes. Wrestling I am told now that many of the service Bartlett (MD) DeLay Inslee with the realities that we have with jobs are going offshore and we have to Barton (TX) Deutsch Isakson this recession and the war on terror, I do something about that. This budget Bass Diaz-Balart, L. Israel think the chairman needs to be very can do that and it can do better. We Beauprez Diaz-Balart, M. Issa Bereuter Dicks Istook seriously commended. need the Buy American language, and I Berkley Dingell Jackson-Lee I want to particularly single out and hope that we can retain it in this budg- Berman Dreier (TX) thank him for including some funding et. Biggert Duncan Jenkins for the Pineda Extension. This project Lastly, I think it is very important Bilirakis Dunn Johnson (CT) Bishop (UT) Edwards Johnson (IL) is very, very important for the proper that we talk about Amtrak and save Blackburn Ehlers Johnson, Sam evacuation in the event of hurricanes its funding. Amtrak does a wonderful Blumenauer Emerson Jones (NC) for many of our coastal communities in service in our country, the eastern cor- Blunt Engel Kanjorski Boehlert Eshoo Keller the congressional district that I rep- ridor, and across this country. I do not Boehner Etheridge Kelly resent. personally have the Amtrak service I Bonilla Everett Kennedy (MN) As we all can remember, Hurricane want in my district. I would like to see Bonner Feeney Kildee Floyd when it threatened the coast of it expanded. The number here for Am- Bono Ferguson Kind Boozman Flake King (IA) Florida, the east coast of Florida, pre- trak is sorely underfunded. With those Boswell Fletcher King (NY) cipitated one of the largest, if not the provisions as we address our amend- Boucher Foley Kingston largest, human evacuations in history ments, we hope that we can make it a Boyd Forbes Kirk Bradley (NH) Ford Kline where literally millions of people had better bill. Brady (PA) Fossella Knollenberg to migrate off the coast of Florida and Mr. OLVER. Mr. Chairman, I yield 10 Brady (TX) Franks (AZ) Kolbe move inland. And one of the things seconds to the gentleman from Wis- Brown (SC) Frelinghuysen LaHood that was recognized in that challenge consin (Mr. OBEY). Brown-Waite, Gallegly Lantos Ginny Garrett (NJ) Latham was that the State did not have enough PREFERENTIAL MOTION OFFERED BY MR. OBEY Burgess Gerlach LaTourette east-west access corridors. Mr. OBEY. Mr. Chairman, I move Burns Gibbons Leach This important addition to the bill that the Committee do now rise. Burr Gilchrest Levin will help us in the State of Florida ad- The CHAIRMAN. Does the gentleman Burton (IN) Gillmor Lewis (CA) Buyer Gingrey Lewis (KY) dress that need in a very, very critical from Massachusetts yield to the gen- Calvert Goode Linder area. I again want to thank the chair- tleman from Wisconsin for that pur- Camp Goodlatte Lipinski man. pose? Cannon Gordon LoBiondo Mr. ISTOOK. Mr. Chairman, I would Mr. OLVER. I do. Cantor Goss Lofgren Capito Granger Lowey inquire how much time remains on ei- The CHAIRMAN. The question is on Capps Green (TX) Lucas (KY) ther side. the motion to rise offered by the gen- Cardin Green (WI) Lucas (OK) The CHAIRMAN. The gentleman tleman from Wisconsin (Mr. OBEY). Cardoza Greenwood Lynch from Oklahoma has 9 minutes remain- The question was taken; and the Carter Gutierrez Maloney Case Gutknecht Manzullo ing, and the gentleman from Massachu- Chairman announced that the noes ap- Castle Hall Marshall setts has 241⁄2 minutes remaining. peared to have it. Chabot Harman Matheson Mr. ISTOOK. Mr. Chairman, I reserve RECORDED VOTE Chocola Harris McCarthy (MO) the balance of my time. Mr. OBEY. Mr. Chairman, I demand a Coble Hart McCarthy (NY) Cole Hastings (WA) McCollum Mr. OLVER. Mr. Chairman, I yield 3 recorded vote. Collins Hayes McCrery minutes to the gentlewoman from A recorded vote was ordered. Costello Hayworth McHugh Michigan (Ms. KILPATRICK), who is a The vote was taken by electronic de- Cox Hefley McInnis vice, and there were—ayes 87, noes 305, Cramer Hensarling McIntyre member of the subcommittee. Crane Herger McKeon Ms. KILPATRICK. Mr. Chairman, I answered ‘‘present’’ 1, not voting 41, as Crenshaw Hill Meek (FL) thank the gentleman from Oklahoma follows: Cubin Hinchey Meeks (NY)

VerDate jul 14 2003 00:26 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.042 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7857 Menendez Putnam Solis have had a devastating effect on the trict, but in the State of Maryland. We Mica Quinn Souder people of northern New Jersey. The have done some of those. There is cur- Michaud Rahall Spratt Miller (FL) Ramstad Stearns Port Authority of New York and New rently in the plan a project for $48 mil- Miller (MI) Rehberg Strickland Jersey, a bipartisan agency, the bipar- lion. I have reason to believe the Sen- Miller, Gary Renzi Sullivan tisan elected officials in New Jersey ate might include that. Mollohan Reyes Sweeney and all the people of my region were Mr. Chairman, I am very hopeful that Moore Reynolds Tancredo Moran (KS) Rogers (AL) Tauscher adamant that Washington should not we will be able to include that in the Murphy Rogers (KY) Tauzin force a solution that was wrong for us conference report. I am not going to Murtha Rogers (MI) Musgrave Rohrabacher Taylor (MS) on them, and the chairman and his offer an amendment on that in the Myrick Ros-Lehtinen Taylor (NC) staff bent over backwards along with committee, but I really do believe that Nethercutt Ross Terry the ranking member to accommodate a it is a very cost-conscious effort to Thomas Neugebauer Royce reasonable commonsense solution to continue this project to completion, Ney Ruppersberger Thompson (CA) Northup Rush Tiahrt that problem, and I am extremely because, as I say, it is not a partisan Norwood Ryan (WI) Tiberi grateful to the chairman and the rank- difference. As a matter of fact, the pro- Nunes Sanchez, Loretta Toomey ing member for accommodating the in- posal was made, as the gentleman Nussle Saxton Turner (OH) terests of the hundreds of thousands of Ortiz Schiff Udall (NM) knows, by the Reagan administration Osborne Schrock Upton people who would otherwise have been and a Republican director of the FDA. Ose Scott (VA) Vitter negatively affected. But it is one that I think is very im- Otter Sensenbrenner Walden (OR) I intend to support this bill. It is not portant. Pascrell Serrano Walsh perfect. I hope Amtrak gets plussed-up Pastor Sessions Wamp In addition, I am concerned, Mr. Paul in the conference, but by and large this Shadegg Weiner Chairman, that we have not included in Pearce Shaw Weldon (FL) is a bill that we can all be proud of, and this legislation not only some of the Pence Shays Weller I thank my chairman again and my Peterson (MN) Sherman money that has been talked about in Peterson (PA) Sherwood Wexler ranking member for all their kindness terms of Amtrak and transportation, Whitfield Petri Shimkus and courtesies. but in particular the election reform Pitts Shuster Wicker Platts Simmons Wilson (NM) b 1345 legislation that we passed. It was one Wilson (SC) of the few pieces of legislation that we Pombo Simpson Mr. OLVER. Mr. Chairman, I yield 4 Porter Skelton Wolf passed in an overwhelmingly bipartisan minutes to the gentleman from Mary- Portman Smith (MI) Wu fashion. The Speaker was very proud of Price (NC) Smith (NJ) Wynn land (Mr. HOYER), the minority whip that. On our side of the aisle we were Pryce (OH) Smith (TX) Young (FL) and a member of the subcommittee. proud of it. The President in signing ANSWERED ‘‘PRESENT’’—1 Mr. HOYER. Mr. Chairman, Mr. the bill indicated it was a bipartisan Chairman of the subcommittee and the DeFazio success. gentleman from Massachusetts (Mr. NOT VOTING—41 We pledged to fund that effort, and OLVER), first of all let me congratulate Clay Janklow Regula the gentleman from Massachusetts we imposed deadlines on the States to Davis, Jo Ann John Rodriguez accomplish certain things that were re- DeGette Kleczka Roybal-Allard (Mr. OLVER) on his taking the respon- Delahunt Kucinich Ryun (KS) sibilities of ranking member. He is quired to ensure access and accuracy of DeMint Majette Slaughter voting in elections. The deadline for Dooley (CA) Matsui doing an outstanding job in that capac- Smith (WA) ity. the accomplishment of those objectives Doolittle McCotter Stark is 2006. Doyle Nadler Thornberry Mr. Chairman, I want to make a few English Owens Turner (TX) general comments. I will have some The gentleman from Florida (Chair- Fattah Oxley Waxman man YOUNG) has been extraordinarily Gephardt Payne possible amendments, which may be Weldon (PA) Graves Pickering withdrawn, some of which may be helpful and was a critical player in our Hinojosa Radanovich Woolsey initial funding. As the chairman Young (AK) pressed. But I want to thank the com- Honda Rangel mittee and I want to thank the chair- knows, the bill would authorize $1.5 bil- ANNOUNCEMENT BY THE CHAIRMAN man for pursuing what the Republican lion additional. We are $1 billion be- The CHAIRMAN (during the vote). majority budget provided for with re- hind. There is $500 million in this bill. Members are informed that there are 2 spect to pay parity. I think that was I appreciate the chairman’s including minutes remaining on this vote. appropriate and consistent with our that. I know he has been supportive of this effort. b 1341 past policies. We have a lot of folks But I will be working with the ad- Mr. TAUZIN changed his vote from who are on the front lines who we will recognize. ministration again. There is going to ‘‘aye’’ to ‘‘no.’’ be an amendment offered by the gen- So the motion was rejected. However, I want to raise some con- tleman from Florida (Mr. HASTINGS). I The result of the vote was announced cerns. As the chairman knows, the will speak on that. I am not sure that as above recorded. Reagan administration, the Bush ad- Mr. OLVER. Mr. Chairman, I yield 2 ministration, the Clinton administra- the gentleman from Florida (Mr. minutes to the gentleman from New tion, and now the present Bush admin- HASTINGS) will press that. The problem, of course, is where you take money Jersey (Mr. ROTHMAN), who is a mem- istration, as I understand it, is for the ber of the subcommittee. project, although has not funded it. We from to get money for this objective. I Mr. ROTHMAN. Mr. Chairman, I have been pursuing the creation of a think the chairman has a very real thank my distinguished gentleman campus for the Food and Drug Admin- problem in that regard. from Massachusetts (Mr. OLVER) the istration which, of course, now has I am pressing the administration, very kind and distinguished ranking even more challenges dealing with the and I have talked to the gentleman member, for yielding me this time. I integrity of the food and drug supply in from Florida (Chairman YOUNG) about also want to thank my chairman for all light of terrorist threats. But we have this, to seek emergency funds from the of his cooperation and friendship and been trying to construct this campus, administration so that this project can going out of his way to help me and the which will save the Federal Govern- be accomplished by the 2006 deadline. I people of my district on a number of ment money. would hope we could work on that. different issues, along with, of course, The reason it will save the Federal Mr. ISTOOK. Mr. Chairman, I yield 5 my ranking member, the staffs of my Government money is now the FDA is minutes to the gentleman from Florida chairman and the ranking member. By located around the Washington metro- (Mr. YOUNG), the distinguished chair- the way, I have so many things to talk politan area in 19 different leased fa- man of the full committee, for the pur- about, but I am only using 2 minutes in cilities, and, of course, they are for the pose of a colloquy with the gentleman the interest of the group; so I will cut most part very old facilities and they from New York (Mr. SWEENEY). to the chase. are expensive facilities. GSA tells us it Mr. YOUNG of Florida. Mr. Chair- There was an issue involved in a one- would be cheaper to build at the site man, I thank the gentleman very much size-fits-all FAA regulation that would that has been agreed to, not in my dis- for yielding me time.

VerDate jul 14 2003 05:35 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.008 H04PT1 H7858 CONGRESSIONAL RECORD — HOUSE September 4, 2003 Mr. SWEENEY. Mr. Chairman, will Mr. SWEENEY. Mr. Chairman, I going to be able to talk about the prob- the gentleman yield? thank the gentleman. I will continue lems with Amtrak which are going to Mr. YOUNG of Florida. I yield to the to monitor the GSA’s actions in this be ruled out of order when offered. gentleman from New York. area as the Treasury-Transportation I find it sad. There are some who dis- Mr. SWEENEY. Mr. Chairman, I measure moves to conference. If there pute the notion that we should be the thank the chairman for yielding, and I is any backsliding by the agency, I am only industrialized Nation in the world want to thank him for participating in confident the committee will be able to without a backbone of a national rail this colloquy with me today to address respond. transportation system. We have lavish a significant issue which was raised Mr. TOM DAVIS of Virginia. Mr. subsidies for the airline industry, during the committee consideration of Chairman, will the gentleman yield? which in its history of passenger trans- this bill. Mr. YOUNG of Florida. I yield to the port has produced a net profit of zero, As the gentleman knows, when the gentleman from Virginia. zero; yet somehow, providing a little committee marked up the Treasury- Mr. TOM DAVIS of Virginia. Mr. support for Amtrak is deemed theo- Transportation bill in July, we di- Chairman, I hope the chairman recog- logically unacceptable. rected the General Services Adminis- nizes the authorizers’ role in over- Well, Mr. Chairman, much of the tration to complete its review of MCI seeing GSA in this and the appropri- blame for the problems of Amtrak is WorldCom’s fitness to serve as a Fed- ators’ role in this and will keep us in that this Congress has refused to ap- eral contractor. This directive resulted the loop, and will not try to authorize propriate the money that Congress from revelations that the company had without consultation with the author- itself has authorized. Yet Congress has overstated its profits by $11 billion and izers. interfered with the management deci- lacked adequate internal controls. Am I correct on this, or am I being sions of Amtrak, and, much like the Mr. Chairman, as you are aware, the rolled on this? mythical educational performance in GSA announced the proposed debar- Mr. YOUNG of Florida. Mr. Chair- Houston, where they sort of in schools ment of MCI WorldCom on July 31. Al- man, I did not really hear the question. ‘‘will’’ children to stay in school so though the process took longer than Mr. TOM DAVIS of Virginia. Mr. they are not dropped out, that they hoped and the committee was forced to Chairman, my question is although the somehow are all going on to college, take action to get GSA to do its job, Committee on Appropriations has ap- people have tried to will Amtrak to a the GSA has now prohibited MCI propriations oversight, I would hope we different type of performance than WorldCom from receiving any new Fed- would work with the authorizing com- they are willing to pay for. mittee on GSA, which is the Com- eral contracts. GSA has reached the Luckily, there is broad bipartisan mittee on Government Reform, which I only responsible conclusion possible. support in this country and in this Mr. Chairman, it is my strong belief chair, as we work towards language on Congress to overrule this ill-conceived that the Federal Government must this. cutback in Amtrak. I am convinced condemn corporate malfeasance and We have spent a lot of time on these that ultimately through the process we provide strict oversight of Federal con- issues as well. The language of the gen- will succeed. I hope we can fix what we tracting. GSA’s proposed action to tleman from New York was worked out can on the floor to preserve the critical debar MCI from Federal contracting is and shared with us. I hope this is not enhancements program, and fight for a a step in the right direction, and I ap- an attempt on the part of the appropri- bill that the country deserves to pre- plaud their efforts. ators to once again override author- serve the potential for a comprehensive With the leadership of the gentleman izing committees and try to accom- rail transportation system. from Florida (Chairman YOUNG), this plish what they could not accomplish committee has ensured GSA performs on the floor. Mr. OLVER. Mr. Chairman, I yield 3 its due diligence and has protected the Mr. YOUNG of Florida. Mr. Chair- minutes to the gentleman from Massa- American taxpayers from a fraudulent man, reclaiming my time, I would say chusetts (Mr. NEAL). company. I would like to personally to my friend, the gentleman from Vir- Mr. NEAL of Massachusetts. Mr. thank the gentleman for his support ginia (Mr. TOM DAVIS), that he is abso- Chairman, once again the Committee and assistance. lutely right. It is essential that the on Appropriations, in the light of day, Mr. YOUNG of Florida. Mr. Chair- Committee on Appropriations and the has voted to prohibit corporate expa- man, reclaiming my time, I want to authorizing committees work together triates from enjoying more than $1 bil- thank the gentleman from New York as we deal with issues of this type. The lion a year in Federal Government con- (Mr. SWEENEY) for bringing this impor- gentleman is exactly right. tracts, and, once again, Mr. Chairman, tant matter to the committee’s atten- Mr. OLVER. Mr. Chairman, I yield 3 in the dark of night, the Committee on tion. As overseers of GSA’s budget, I minutes to the gentleman from Oregon Rules, has cobbled together a rule believe the committee acted in a re- (Mr. BLUMENAUER). which rewards those corporations who sponsible way and responded to this Mr. BLUMENAUER. Mr. Chairman, I run off to Bermuda to avoid paying issue appropriately. appreciate the gentleman’s courtesy in United States income taxes. Mr. SWEENEY. Mr. Chairman, if the permitting me to speak on this debate. The American taxpayer has said tax gentleman will yield further, I thank Mr. Chairman, I find a certain fairness and tax equity matter, but ap- the gentleman. As this process con- amount of irony as we return to unnec- parently not in this Congress. Cor- tinues, GSA must remain responsive essary controversy on one of the most porate expatriates will drain $5 billion and should provide regular detailed re- important bills that this Congress will from our Federal Treasury, and yet, in ports to the committee on the status of consider this year. The chairman of the return, corporate expatriates will win, the case. subcommittee is concerned about con- time and again, lucrative Federal con- Would the gentleman agree to work gestion around the Nation, and well he tracts to build our nuclear facilities, with me during the conference to clar- should be. Yet the bill would cut back guard our government buildings, pro- ify the report language, if necessary, so on people’s alternatives to reduce con- vide health care to our veterans, land- that the committee can continue its gestion by further squeezing Amtrak scape the national parks, and even oversight of GSA actions on the MCI and gutting the popular important bi- money appropriated in this bill today, WorldCom debarment proceedings and partisan support for the enhancements believe it or not, a multimillion-dollar further Federal contracting actions? program. contract to help the IRS collect taxes. Mr. YOUNG of Florida. Mr. Chair- People need choices. I am going to We stay here and we pay our taxes man, I look forward to working with speak later in the debate on the en- while these corporations run off to Ber- the gentleman from New York (Mr. hancements program in support of the muda to avoid them. They then turn SWEENEY) as we move towards a final amendment offered by the gentleman around and get paid to help collect resolution of this issue, and will cer- from Massachusetts (Mr. OLVER) and money from us. If it was not Sep- tainly work to clarify the report lan- the gentleman from Wisconsin (Mr. tember, most of us would come to be- guage during conference as events dic- PETRI), a bipartisan amendment to try lieve based upon this issue it was April tate. to fix it. Unfortunately, we are not Fool’s Day.

VerDate jul 14 2003 03:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.063 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7859 Try, as an individual taxpayer an- floor: the chief clerk of our sub- Since 1995, the IRS has issued revenue rul- nouncing that your address is in Ber- committee, Rich Efford, and the other ings, revenue procedures and over 80 private muda and avoiding your share of per- clerks on the committee, Cheryle letter rulings that detail the processes that sonal income taxes, to find what the Tucker, Kurt Dodd, Leigha Shaw, Wal- qualify for producing synthetic fuel and the result will be. I am astounded that ter Hearne, Ben Nicholson, and from tests taxpayers should utilize to demonstrate after months and months of discussing my office Kurt Conrad. that the synthetic fuel they produced qualify this issue, when we were promised a I do not want their efforts to go for the tax credit. vote on the floor, we are no closer to unnoted and unappreciated, and I Taxpayers and recognized scientific experts doing that now than we were before. wanted to make sure that they appear met repeatedly with the IRS as it developed Instead, the Committee on Appropria- in the RECORD next to the work prod- the revenue rulings, revenue procedures and tions does what they are supposed to uct that they have worked so dili- private letter rulings. Taxpayers explained the do, and the Committee on Rules de- gently on. We could not accomplish processes they intended to use to produce cides not to let the issue come to the these things without them. synthetic fuel and the tests that they would floor. This is a good bill. I ask every Mem- use to demonstrate that synthetic fuel qualified If they are confident in their posi- ber of the House to support it. for the tax credit. After full opportunity to re- tion, let the matter come to the floor Mr. WELLER. Mr. Chairman, I rise today in view the processes and the tests, the IRS for an up-or-down vote. I guarantee strong opposition to the language weakening issued private letter rulings telling taxpayers you if it came to the floor, there would the United States’ Cuban embargo policy by that these processes and these tests qualified. be 300 votes to affirm what I have said allowing travel to Cuba and urge my col- Since 1995, taxpayers have been investing in the last couple of minutes. leagues also to oppose allowing travel to in synthetic fuel production facilities designed Cuba. to meet the tests that the IRS agreed dem- b 1400 The regime of Fidel Castro continues to onstrated that the synthetic fuel produced I hope that during this debate there prove to have no respect for dissidents, for qualified for the tax credit. In June of this year, will be others who continue to bring human rights, and cannot be trusted. This past the IRS decided that it was not sure that the this matter before us, and I hope that March, Castro carried out a sweeping crack- tests it had approved over the years were ac- all of you on the other side will stop down on dissident leaders, rounding up 75 ceptable. The IRS told taxpayers that it ques- protecting many of these financial and providing harsh prison sentences after tioned the test results it had previously ap- traitors. charades of trials. Further, Castro resumed proved because a single scientist the IRS Mr. ISTOOK. Mr. Chairman, I yield executions with the execution of three men by hired attempted to perform the tests using dif- myself 1 minute. official firing squad. For those dissidents mere- ferent methodologies. However, the IRS re- Mr. Chairman, I certainly appreciate ly attempting to exercise basic freedoms, pun- fuses to tell taxpayers what test it is using and the passion of the gentleman who just ishments include forced exile, interrogations, how it is different from the tests it has ap- spoke and everyone else, but, of course, house arrest and searches, intimidation and proved in 80 private letter rulings. we have followed the normal protocol. aggression, telephone bugging, eviction and In short, the IRS changed the test it told tax- This is what is considered in this House loss of employment. payers to use and refuses to tell taxpayers an open rule to give people the oppor- The fact remains: Cuba under the dictator- how it changed the test. Taxpayers no longer tunity to bring up issues. But as the ship of Fidel Castro is a terrorist state, ruled know whether their synthetic fuel, including Chairman and everyone else in this by fear, and grossly violating the human rights fuels produced in prior years, qualifies for the body knows, just because a bill is on of dissidents. The Cuban regime remains on tax credit. As a result, hundreds of millions of the floor, it does not mean that every the Department of State list of seven terrorist- dollars of investments are at risk. Many public topic can be offered on that bill. We sponsoring nations. United States policy and private companies in all sectors of the have to break our work into pieces. should never bend against the tide of oppres- economy are facing huge potential economic And some of the issues the gentleman sion in Cuba or any country—we must main- losses. Some companies are facing bank- is talking about should properly be tain a firm line. Our victory in the Cold War ruptcy because the IRS is changing the rules raised on other pieces of legislation, was due to holding firmly to our core demo- after they made their investments. not this one. cratic values and principles and being strong, Taxpayers worked in good faith with the IRS The Committee on Rules and its lead- not bending to communist ideology, torture, to design tests that demonstrated that their fa- ership has provided a very good, very and oppression. cilities produced a qualified synthetic fuel. Tax- solid, open rule that provides Members The House of Representatives should not payers invested in reliance on the rulings the the opportunity to make fair com- vote to reward a terrorist state with unre- IRS provided approving those tests. The IRS ments and make fair amendments upon stricted travel—providing resources needed to should publish an announcement that it will the proper topics of this bill. And I sustain the Castro regime. I urge my col- honor the rules under which taxpayers in- would certainly hope that the gen- leagues to vote no on this amendment to vested in synthetic fuels facilities and that it tleman would work with the commit- weaken the embargo against Cuba by allow- will follow the rules the IRS published in Rev- tees of proper jurisdiction for the ing travel to Cuba. enue Procedures 2001–30 and 2001–34. The changes that he wants to make. But I Mr. CRAMER. Mr. Chairman, as we debate IRS must abide by the rules it laid down for do very much appreciate, Mr. Chair- the FY04 Transportation, Treasury Appropria- taxpayers. man, the efforts of the Committee on tions bill, I rise to express my concern for re- Mr. CUMMINGS. Mr. Chairman, today I rise Rules in helping us to make the cent actions undertaken by the Internal Rev- in strong support of the amendment offered by progress and helping to make sure that enue Service. my colleague Chairman QUINN. From its incep- we have a controlled and proper debate It is a fundamental tenet of fair tax adminis- tion, Amtrak was expected to pursue con- on the issues that are the proper sub- tration that taxpayers can rely on guidance flicting goals. It was to provide a national rail ject of this bill. and rules issued by the Internal Revenue passenger service while simultaneously oper- Mr. Chairman, I reserve the balance Service. Unfortunately, in its administration of ating as a commercial enterprise. Although, at of my time. the tax credit for coal-based synthetic fuels, this point I think that it is a foregone conclu- The CHAIRMAN. The Chair appre- the IRS has breached this fundamental rule. sion that no one expects Amtrak will be profit- ciates the gentleman’s very thoughtful Congress enacted section 29 of the Internal able. statement. Revenue Code to provide a tax credit for the As mandated in the Amtrak Reform and Ac- Mr. OLVER. Mr. Chairman, I have no production of synthetic fuel. This tax credit countability Act of 1997, which required Am- additional speakers on general debate, was created to encourage domestic energy trak to achieve self-sufficiency by December and I yield back the balance my time. production and it works. In my home state, 2002, the rail system has received reduced Mr. ISTOOK. Mr. Chairman, I yield and coal producing states throughout the appropriations funding each year. However, myself such time as I may consume. Southeast, the credit has increased domestic due to inflation and a poor economy, operating Mr. Chairman, just by way of brief coal production and kept open thin seam costs continue to rise. Many important infra- closing, I indicated that I wanted to ex- mines. The coal-based synthetic fuels in- structure and equipment improvements have press appreciation for the members of creases combustion efficiency and reduce fuel been delayed or postponed due to the lack of our staff that have worked so dili- costs for electricity consumers throughout the funding. Rising operating costs—declining rev- gently to bring this legislation to the United States. enue—this is a formula for failure.

VerDate jul 14 2003 03:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K04SE7.047 H04PT1 H7860 CONGRESSIONAL RECORD — HOUSE September 4, 2003 We are now faced with the challenge of sal- tional runway capacity expected to be online Notably, every year in New Jersey, nearly 4 vaging a vital link in our national transportation at Bush Intercontinental in spring 2004. million passengers ride Amtrak trains. Each system. To quote the Secretary of Transpor- Expedited construction of the new TRACON day, 109 Amtrak trains operate in New Jersey. tation Norm Mineta: ‘‘Intercity passenger rail is necessary to realize the 36 percent capacity In addition, Amtrak provides all of the mainte- service is an important part of the nation’s increase identified in the FAA Operational nance and locomotive power for the 250 daily transportation system.’’ Some critics of Amtrak Evolution Plan (OEP). The current state of the commuter trains that are operated by New insist that reforming Amtrak will save it. I dis- Houston TRACON does not fit its place as a Jersey Transit for hundreds of thousands of agree. Until necessary improvements are major hub in a modern air traffic control sys- daily rail commuters in my home state, which made on the infrastructure and equipment, the tem. is so densely populated and depends so much system cannot function efficiently. The $20 million included in this legislation is on trains and buses to minimize traffic conges- We need to provide Amtrak with adequate an important first step that will help create a tion and air pollution. funding. new facility in a timely manner. This funding By sharing the same tracks and tunnels In some areas the rail infrastructure is over will help resolve an urgent air traffic control fa- within the Northeast Corridor with Amtrak, 100 years old. Repairing existing infrastructure cility problem for the greater Houston, Texas New Jersey has a strong interest in seeing a to good condition and upgrading equipment area. stable and continuing Amtrak operation, with will ultimately lead to reduced operational I am also happy to see that, on top of the increased funding! That said, the Chairman costs. But, as with most endeavors of this East End Rail Task Force study on rail and and the Congress have every right to demand magnitude we cannot expect overnight results. mobility conditions completed in February necessary reforms of Amtrak management, The process will take time. 2003 and the Harris County/Port of Houston’s strict accountability, and reasonable labor Looking to the states that rely on rail service $600,000 ongoing county-wide study, there is agreements. to stabilize Amtrak is not the answer. My state $1 million in the House Transportation Appro- To be clear, I feel it is absolutely essential of Maryland has been a strong supporter of priations bill for a Freight Rail Transportation that we do more to support Amtrak while mak- Amtrak as it is a critical part of the overall Corridor and Urban Mobility Program for Har- ing sure that it follows the committee’s direc- transportation solution—especially in the con- ris County. tion to carry out much needed reforms. gested Northeast corridor. The MARC trains in I worked with my Texas colleague TOM I want to again thank the Chairman for in- Baltimore are operated under a contract with DELAY on this issue, and am glad that the ap- creasing Amtrak’s funding from its original Amtrak. Many Maryland communters depend propriators saw fit to include this important mark. on MARC service. But, we are not asking for project. In the transportation world, the issue of a free ride. Since 1990, Maryland has invested The goal is to expand the work of the East safety and its importance can never be over over $124 million in state and federal funds to End study to the entire rail network of Harris emphasized. Thus, the more than $77 million improve Amtrak owned facilities. I’m sure that County in order to initiate a comprehensive included for the National Safety Transportation Maryland does not stand alone when we say approach to rail system rationalization, ad- Board, is well directed dollars. that we cannot afford to pay for the substantial dressing the regional issues associated with On the Treasury side, this bill takes impor- needs of Amtrak. train routing, rail traffic levels, yard operations, tant steps in our nation’s continued war on ter- Maintaining a sound, efficient rail system is and through-traffic versus local service to rorism. H.R. 2989 includes critical dollars a national concern. We are ever vigilant in our quantify the safety and mobility impact they ($57.5 million) for the Financial Crimes En- efforts to get people to leave their cars at have on residents. Researchers on this project forcement Network. Included in this funding home and use mass transit in order to each will work with a public-private partnership to are dollars for the establishment of the Office congestion and lower emissions. Since 1971, oversee the direction and scope of work. The of Terrorist Financing and Financial Crimes, Amtrak has sought to balance competing pub- partnership will include public officials, the Port which will help root out the financial infrastruc- lic service and commercial objectives without of Houston, residents, and representatives of tures that support terrorist organizations and the benefit of adequate resources to fully de- Union Pacific and Burlington Northern Santa their murderous ways. liver either. The government must provide the Fe Railroads. H.R. 2989 also includes more than $228 necessary funding and oversight that is essen- A consensus approach is needed because a million for the Financial Management Service, tial for a national passenger rail system. major freight rail and mobility plan will take which is responsible for the management of We’ve come a long way in transportation significant amounts of federal, local, and pri- Federal finances. technology since Amtrak began its service in vate sources of investment to complete. Such For all these reasons and more, I support 1971. However, because of the condition of freight rail reorganization plans have been the Chairman ISTOOK’s Fiscal Year 2004 current rail infrastructure and stock this successfully done for LA-Long Beach, CA, Transportation and Treasury Appropriations progress is far from evident. I think that it is Reno, NV, and one was recently announced bill, and urge my colleagues to do the same. time for Congress to ‘‘step up to the plate.’’ for Chicago, IL. Mr. KING. Mr. Chairman, I would have We need and deserve a national passenger Again, Mr. Chairman, these are important amended H.R. 2989, the Transportation, rail system. projects for my area, and I am glad to see that Treasury and Independent Agencies Appro- We must provide adequate funding for Am- they were included in this important bill. I’d like priations Act of 2004, to address concerns trak. to thank the Chairman and the Ranking Mem- about an unfunded mandate and ensure integ- Mr. GREEN of Wisconsin. Mr. Chairman, I ber of this committee for their hard work. rity in our voting system. However, this rise today in support of H.R. 2989, the Trans- Mr. FRELINGHUYSEN. Mr. Chairman, amendment was not in order. My amendment portation-Treasury-Independent Agencies Ap- today, I rise in strong support of H.R. 2989, would have given States a waiver from compli- propriations Act for FY 2004. Chairman ISTOOK’s Fiscal Year 2004 Trans- ance with the Help America Vote Act until it is First, I would like to thank the Chairman and portation and Treasury Appropriations bill. fully funded at the authorized level. States the Ranking Member for including $20 million Chairman ISTOOK has worked within the should not have to comply with an unfunded for the Terminal Radar Approach Control framework he was provided to put forward a mandate in 2006. Many of our states are fac- (TRACON) facility in Houston, Texas. fair and balanced approach to fund the De- ing serious budget crises, and worry that if Houston’s four million residents are served partments of Transportation and Treasury and they are not first in line to receive the federal by Bush Intercontinental Airport, Houston other Independent Agencies. matching funds the money will run out. If this Hobby Airport, and Ellington Field. Together The Chairman’s bill makes a strong commit- happens, the local taxpayers will be left hold- they form one of North America’s largest pub- ment to our nation’s highway improvements by ing the bill for compliance with the unfunded lic airport systems and position Houston as providing $33.8 billion, which is $6.1 billion HAVA mandate in 2006. My amendment the international gateway to the south central above last year’s level. would not require states to comply with the United States. Equally as important to New Jersey is Fed- HAVA mandate until it is fully funded at the Unfortunately, the current TRACON facility eral support for transit operations. As such, I level authorized. was constructed in the late 1960’s and is inad- commend the Chairman for including $7.23 The Help America Vote Act of 2002 re- equate to meet the needs at these three air- billion for transit program spending, which is quires, among other things, that each precinct ports. $52 million above last year’s level. I am espe- have at least one Direct Recording Electronic The facility is in a low lying area which cially thankful that this bill provides full funding voting system, or DRE. However, currently floods often, disrupting air traffic, and cannot for New Jersey’s top two transit priorities, the these machines do not have a permanent, be expanded to provide the airspace capacity Newark Elizabeth Rail Link and the Hudson auditable and individually verifiable trail. Ques- needed to achieve the full benefits of the addi- Bergen Light Rail projects. tions remain about whether electronic voting

VerDate jul 14 2003 03:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\A04SE7.018 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7861 system software could be hacked into and Board of Contract Appeals; not to exceed NEW HEADQUARTERS BUILDING election results tampered with. Until DRE ma- $1,268,000 shall be available for the Office of For necessary expenses of the Department chines have a verifiable audit trail, we should Small and Disadvantaged Business Utiliza- of Transportation’s new headquarters build- tion; not to exceed $16,565,000 shall be avail- not spend federal tax dollars on unreliable ma- ing and related services, $45,000,000, to re- able for the Office of the Chief Information main available until expended. chines. The Help America Vote Act was moti- Officer; and not to exceed $225,000 shall be FEDERAL AVIATION ADMINISTRATION vated by electoral integrity—we must insure available for the Office of Intelligence and OPERATIONS that the DRE machines meet that goal before Security: Provided, That the Secretary of For necessary expenses of the Federal spending millions of dollars on them and re- Transportation is authorized to transfer Aviation Administration, not otherwise pro- funds appropriated for any office of the Of- quiring states to use them in every precinct. At vided for, including operations and research fice of the Secretary to any other office of a cost of $4,000 to 5,000 per DRE, we can’t activities related to commercial space trans- the Office of the Secretary: Provided further, afford to be wrong. portation, administrative expenses for re- That no appropriation for any office shall be In fact, at a cost of thousands of dollars per search and development, establishment of increased or decreased by more than 5 per- air navigation facilities, the operation (in- machine, many rural precincts will have only cent by all such transfers: Provided further, cluding leasing) and maintenance of aircraft, one voting machine available for voters, and it That any change in funding greater than 5 subsidizing the cost of aeronautical charts will have to be a DRE according to the re- percent shall be submitted for approval to and maps sold to the public, lease or pur- quirements of the Help America Vote Act. If the House and Senate Committees on Appro- chase of passenger motor vehicles for re- sparsely populated rural voters are forced to priations: Provided further, That not to ex- placement only, in addition to amounts vote on DRE machines that are susceptible to ceed $60,000 shall be for allocation within the made available by Public Law 104–264, fraud, we risk mass disenfranchisement of Department for official reception and rep- $7,532,000,000, of which $6,000,000,000 shall be rural voters in small precincts. This disenfran- resentation expenses as the Secretary may derived from the Airport and Airway Trust determine: Provided further, That notwith- Fund, of which not to exceed $6,076,724,000 chisement will extend to disabled voters who standing any other provision of law, exclud- use a DRE to vote, which was hardly the in- shall be available for air traffic services pro- ing fees authorized in Public Law 107–71, gram activities; not to exceed $870,505,000 tent behind the voting reform legislation. there may be credited to this appropriation shall be available for aviation regulation and Ensuring electoral integrity and preventing up to $2,500,000 in funds received in user fees: certification program activities; not to ex- vote fraud is a high priority for me. Although Provided further, That none of the funds pro- ceed $218,481,000 shall be available for re- I was not able to offer my amendment today, vided in this Act shall be available for the search and acquisition program activities; I intend to continue to work towards solutions position of Assistant Secretary for Public not to exceed $11,776,000 shall be available for to these problems. Affairs. commercial space transportation program Mr. ISTOOK. Mr. Chairman, I yield OFFICE OF CIVIL RIGHTS activities; not to exceed $49,783,000 shall be back the balance of my time. For necessary expenses of the Office of available for financial services program ac- The CHAIRMAN. All time for general Civil Rights, $8,569,000. tivities; not to exceed $75,367,000 shall be available for human resources program ac- TRANSPORTATION PLANNING, RESEARCH, AND debate has expired. tivities; not to exceed $87,749,000 shall be DEVELOPMENT Pursuant to the rule, the bill shall be available for regional coordination program considered for amendment under the 5- For necessary expenses for conducting activities; not to exceed $140,429,000 shall be minute rule. transportation planning, research, systems available for staff offices; and not to exceed During consideration of the bill for development, development activities, and $29,681,000 shall be available for information making grants, to remain available until ex- services: Provided, That none of the funds in amendment, the Chair may accord pri- pended, $8,336,000. ority in recognition to a Member offer- this Act shall be available for the Federal WORKING CAPITAL FUND ing an amendment that he has printed Aviation Administration to finalize or im- Necessary expenses for operating costs and plement any regulation that would promul- in the designated place in the CONGRES- capital outlays of the Working Capital Fund, gate new aviation user fees not specifically SIONAL RECORD. Those amendments not to exceed $116,715,000, shall be paid from authorized by law after the date of the en- will be considered as read. appropriations made available to the Depart- actment of this Act: Provided further, That The Clerk will read. ment of Transportation: Provided, That such there may be credited to this appropriation The Clerk read as follows: services shall be provided on a competitive funds received from States, counties, mu- basis to entities within the Department of nicipalities, foreign authorities, other public H.R. 2989 Transportation: Provided further, That the authorities, and private sources, for expenses Be it enacted by the Senate and House of Rep- above limitation on operating expenses shall incurred in the provision of agency services, resentatives of the United States of America in not apply to non-DOT entities: Provided fur- including receipts for the maintenance and Congress assembled, That the following sums ther, That no funds appropriated in this Act operation of air navigation facilities, and for are appropriated, out of any money in the to an agency of the Department shall be issuance, renewal or modification of certifi- Treasury not otherwise appropriated, for the transferred to the Working Capital Fund cates, including airman, aircraft, and repair Departments of Transportation and Treasury without the approval of the agency modal station certificates, or for tests related and independent agencies for the fiscal year administrator: Provided further, That no as- thereto, or for processing major repair or al- ending September 30, 2004, and for other pur- sessments may be levied against any pro- teration forms: Provided further, That of the poses, namely: gram, budget activity, subactivity or project funds appropriated under this heading, not TITLE I funded by this Act unless notice of such as- less than $7,500,000 shall be for the contract DEPARTMENT OF TRANSPORTATION sessments and the basis therefor are pre- tower cost-sharing program: Provided further, That funds may be used to enter into a grant OFFICE OF THE SECRETARY sented to the House and Senate Committees on Appropriations and are approved by such agreement with a nonprofit standard-setting SALARIES AND EXPENSES Committees. organization to assist in the development of For necessary expenses of the Office of the MINORITY BUSINESS RESOURCE CENTER aviation safety standards: Provided further, Secretary, $93,577,000, of which not to exceed PROGRAM That none of the funds in this Act shall be $2,212,000 shall be available for the imme- available for new applicants for the second For the cost of guaranteed loans, $500,000, diate Office of the Secretary; not to exceed career training program: Provided further, as authorized by 49 U.S.C. 332: Provided, That $841,000 shall be available for the immediate That none of the funds in this Act shall be such costs, including the cost of modifying Office of the Deputy Secretary; not to exceed available for paying premium pay under 5 such loans, shall be as defined in section 502 $15,560,000 shall be available for the Office of U.S.C. 5546(a) to any Federal Aviation Ad- of the Congressional Budget Act of 1974: Pro- the General Counsel; not to exceed $12,717,000 ministration employee unless such employee vided further, That these funds are available shall be available for the Office of the Under actually performed work during the time to subsidize total loan principal, any part of Secretary of Transportation for Policy; not corresponding to such premium pay: Provided which is to be guaranteed, not to exceed to exceed $8,630,000 shall be available for the further, That none of the funds in this Act $18,367,000. In addition, for administrative ex- Office of the Assistant Secretary for Budget may be obligated or expended to operate a penses to carry out the guaranteed loan pro- and Programs; not to exceed $2,518,000 shall manned auxiliary flight service station in gram, $400,000. be available for the Office of the Assistant the contiguous United States: Provided fur- Secretary for Governmental Affairs; not to MINORITY BUSINESS OUTREACH ther, That none of the funds in this Act for exceed $28,882,000 shall be available for the For necessary expenses of Minority Busi- aeronautical charting and cartography are Office of the Assistant Secretary for Admin- ness Resource Center outreach activities, available for activities conducted by, or co- istration; not to exceed $1,982,000 shall be $3,000,000, to remain available until Sep- ordinated through, the Working Capital available for the Office of Public Affairs; not tember 30, 2005: Provided, That notwith- Fund: Provided further, That of the amount to exceed $1,447,000 shall be available for the standing 49 U.S.C. 332, these funds may be appropriated under this heading, not to ex- Office of the Executive Secretariat; not to used for business opportunities related to ceed $50,000 may be transferred to the Air- exceed $730,000 shall be available for the any mode of transportation. craft Loan Purchase Guarantee Program:

VerDate jul 14 2003 05:35 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.021 H04PT1 H7862 CONGRESSIONAL RECORD — HOUSE September 4, 2003

Provided further, That not later than March heading, $20,000,000 is available only for the SEC. 104. None of the funds in this Act shall 1, 2004, the Secretary of Transportation, in Houston Area Air Traffic System: Provided be used to pursue or adopt guidelines or reg- consultation with the Administrator of the further, That none of the funds in this Act ulations requiring airport sponsors to pro- Federal Aviation Administration, shall issue may be obligated or expended to implement vide to the Federal Aviation Administration final regulations, pursuant to 5 U.S.C. 8335, section 106 of H.R. 2115, as passed the House without cost building construction, mainte- establishing an exemption process allowing of Representatives on June 12, 2003. nance, utilities and expenses, or space in air- individual air traffic controllers to delay RESEARCH, ENGINEERING, AND DEVELOPMENT port sponsor-owned buildings for services re- mandatory retirement until the employee (AIRPORT AND AIRWAY TRUST FUND) lating to air traffic control, air navigation, reaches no later than 61 years of age: Pro- For necessary expenses, not otherwise pro- or weather reporting: Provided, That the pro- vided further, That of the funds provided vided for, for research, engineering, and de- hibition of funds in this section does not under this heading, $4,000,000 is available velopment, as authorized under part A of apply to negotiations between the agency only for recruitment, personnel compensa- subtitle VII of title 49, United States Code, and airport sponsors to achieve agreement tion and benefits, and related costs to raise including construction of experimental fa- on ‘‘below-market’’ rates for these items or the level of operational air traffic control su- cilities and acquisition of necessary sites by to grant assurances that require airport pervisors to the level of 1,726: Provided fur- lease or grant, $108,000,000, to be derived from sponsors to provide land without cost to the ther, That none of the funds in this Act may the Airport and Airway Trust Fund and to FAA for air traffic control facilities. SEC. 105. For an airport project that the be obligated or expended to execute or con- remain available until September 30, 2006: Administrator of the Federal Aviation Ad- tinue to implement a memorandum of under- Provided, That there may be credited to this ministration (FAA) determines will add crit- standing or memorandum of agreement (or appropriation funds received from States, ical airport capacity to the national air any revisions thereto) with representatives counties, municipalities, other public au- transportation system, the Administrator is of any FAA bargaining unit unless such doc- thorities, and private sources, for expenses authorized to accept funds from an airport ument is filed in a central registry and incurred for research, engineering, and de- sponsor, including entitlement funds pro- catalogued in an automated, searchable velopment. database under the executive direction of ap- vided under the ‘‘Grants-in-Aid for Airports’’ GRANTS-IN-AID FOR AIRPORTS propriate management representatives at program, for the FAA to hire additional staff FAA headquarters: Provided further, That (LIQUIDATION OF CONTRACT AUTHORIZATION) or obtain the services of consultants: Pro- none of the funds in this Act may be obli- (LIMITATION ON OBLIGATIONS) vided, That the Administrator is authorized gated or expended for an employee of the (AIRPORT AND AIRWAY TRUST FUND) to accept and utilize such funds only for the Federal Aviation Administration to purchase For liquidation of obligations incurred for purpose of facilitating the timely processing, a store gift card or gift certificate through grants-in-aid for airport planning and devel- review, and completion of environmental ac- use of a government-issued credit card. opment, and noise compatibility planning tivities associated with such project. PAYMENTS TO AIR CARRIERS and programs as authorized under sub- SEC. 106. None of the funds appropriated or limited by this Act may be used to change (AIRPORT AND AIRWAY TRUST FUND) chapter I of chapter 471 and subchapter I of chapter 475 of title 49, United States Code, weight restrictions or prior permission rules For necessary expenses to carry out the es- and under other law authorizing such obliga- at Teterboro Airport in Teterboro, New Jer- sential air service program pursuant to 49 tions; for procurement, installation, and sey. U.S.C. 41742(a), $63,000,000, to be derived from commissioning of runway incursion preven- SEC. 107. Notwithstanding any other provi- the airport and airway trust fund and to be tion devices and systems at airports of such sion of law, funds appropriated for official available until expended. title; for implementation of section 203 of travel by Federal departments and agencies FACILITIES AND EQUIPMENT Public Law 106–181; and for inspection activi- may be used by such departments and agen- (AIRPORT AND AIRWAY TRUST FUND) ties and administration of airport safety pro- cies, if consistent with Office of Management For necessary expenses, not otherwise pro- grams, including those related to airport op- and Budget circular A–126 regarding official vided for, for acquisition, establishment, erating certificates under 49 U.S.C. 44706, travel for Government personnel, to partici- technical support services, improvement by $3,425,000,000, to be derived from the Airport pate in the fractional aircraft ownership contract or purchase, and hire of air naviga- and Airway Trust Fund and to remain avail- pilot program. tion and experimental facilities and equip- able until expended: Provided, That none of FEDERAL HIGHWAY ADMINISTRATION ment, as authorized under part A of subtitle the funds under this heading shall be avail- LIMITATION ON ADMINISTRATIVE EXPENSES VII of title 49, United States Code, including able for the planning or execution of pro- Necessary expenses for administration and initial acquisition of necessary sites by lease grams the obligations for which are in excess operation of the Federal Highway Adminis- or grant; engineering and service testing, in- of $3,425,000,000 in fiscal year 2004, notwith- tration, not to exceed $359,458,000, shall be cluding construction of test facilities and ac- standing 49 U.S.C. 47117(g): Provided further, paid in accordance with law from appropria- quisition of necessary sites by lease or grant; That notwithstanding any other provision of tions made available by this Act to the Fed- construction and furnishing of quarters and law, not more than $64,904,000 of funds lim- eral Highway Administration together with related accommodations for officers and em- ited under this heading shall be obligated for advances and reimbursements received by ployees of the Federal Aviation Administra- administration and not less than $20,000,000 the Federal Highway Administration. tion stationed at remote localities where shall be for the Small Community Air Serv- FEDERAL-AID HIGHWAYS such accommodations are not available; and ice Development Pilot Program. the purchase, lease, or transfer of aircraft GENERAL PROVISIONS—FEDERAL AVIATION (LIMITATION ON OBLIGATIONS) from funds available under this heading; to ADMINISTRATION (HIGHWAY TRUST FUND) be derived from the Airport and Airway SEC. 101. Notwithstanding any other provi- None of the funds in this Act shall be Trust Fund, $2,900,000,000, of which sion of law, airports may transfer, without available for the implementation or execu- $2,479,158,800 shall remain available until consideration, to the Federal Aviation Ad- tion of programs, the obligations for which September 30, 2006, and of which $420,841,200 ministration (FAA) instrument landing sys- are in excess of $33,385,000,000 for Federal-aid shall remain available until September 30, tems (along with associated approach light- highways and highway safety construction 2004: Provided, That there may be credited to ing equipment and runway visual range programs for fiscal year 2004: Provided, That this appropriation funds received from equipment) which conform to FAA design within the $33,385,000,000 obligation limita- States, counties, municipalities, other public and performance specifications, the purchase tion on Federal-aid highways and highway authorities, and private sources, for expenses of which was assisted by a Federal airport- safety construction programs, not more than incurred in the establishment and mod- aid program, airport development aid pro- $462,500,000 shall be available for the imple- ernization of air navigation facilities: Pro- gram or airport improvement program grant: mentation or execution of programs for vided further, That upon initial submission to Provided, That, the Federal Aviation Admin- transportation research (sections 502, 503, the Congress of the fiscal year 2005 Presi- istration shall accept such equipment, which 504, 506, 507, and 508 of title 23, United States dent’s budget, the Secretary of Transpor- shall thereafter be operated and maintained Code, as amended; section 5505 of title 49, tation shall transmit to the Congress a com- by FAA in accordance with agency criteria. United States Code, as amended; and sec- prehensive capital investment plan for the SEC. 102. None of the funds in this Act may tions 5112 and 5204–5209 of Public Law 105–178) Federal Aviation Administration which in- be used to compensate in excess of 350 tech- for fiscal year 2004: Provided further, That cludes funding for each budget line item for nical staff-years under the federally funded this limitation on transportation research fiscal years 2005 through 2009, with total research and development center contract programs shall not apply to any authority funding for each year of the plan constrained between the Federal Aviation Administra- previously made available for obligation. to the funding targets for those years as esti- tion and the Center for Advanced Aviation FEDERAL-AID HIGHWAYS mated and approved by the Office of Manage- Systems Development during fiscal year (LIQUIDATION OF CONTRACT AUTHORIZATION) ment and Budget: Provided further, That of 2004. the funds provided for ‘‘In-plant NAS con- SEC. 103. None of the funds made available (HIGHWAY TRUST FUND) tract support services’’, $7,000,000 is only for in this Act may be used for engineering work For carrying out the provisions of title 23, contract audit services provided by the De- related to an additional runway at Louis United States Code, that are attributable to fense Contract Audit Agency: Provided fur- Armstrong New Orleans International Air- Federal-aid highways, including the Na- ther, That of the funds provided under this port. tional Scenic and Recreational Highway as

VerDate jul 14 2003 03:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.010 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7863 authorized by 23 U.S.C. 148, not otherwise (5) distribute the obligation limitation pro- United States Code, and highway-related provided, including reimbursement for sums vided for Federal-aid Highways less the ag- programs under chapter 4 of title 23, United expended pursuant to the provisions of 23 gregate amounts not distributed under para- States Code; and (2) that the Secretary de- U.S.C. 308, $34,000,000,000 or so much thereof graphs (1) and (2) and amounts distributed termines will not be allocated to the States, as may be available in and derived from the under paragraph (4) for each of the programs and will not be available for obligation, in Highway Trust Fund, to remain available that are allocated by the Secretary under such fiscal year due to the imposition of any until expended. title 23, United States Code (other than ac- obligation limitation for such fiscal year. (RESCISSION) tivities to which paragraph (1) applies and Such distribution to the States shall be Of the unobligated balances of funds appor- programs to which paragraph (4) applies) by made in the same ratio as the distribution of tioned to each state under the program au- multiplying the ratio determined under obligation authority under subsection (a)(6). thorized under sections 1101(a)(1), 1101(a)(2), paragraph (3) by the sums authorized to be The funds so distributed shall be available and 1101(a)(3), 1101(a)(4), and 1101(a)(5) of Pub- appropriated for such program for such fiscal for any purposes described in section 133(b) lic Law 105–178, as amended, $137,000,000 are year; and of title 23, United States Code. rescinded. (6) distribute the obligation limitation pro- (f) Obligation limitation distributed for a vided for Federal-aid Highways less the ag- fiscal year under subsection (a)(4) of this sec- FEDERAL-AID HIGHWAYS gregate amounts not distributed under para- tion for a section set forth in subsection (HIGHWAY TRUST FUND) graphs (1) and (2) and amounts distributed (a)(4) shall remain available until used and For an additional amount for Federal-aid under paragraphs (4) and (5) for Federal-aid shall be in addition to the amount of any highways and highway safety construction highways and highway safety construction limitation imposed on obligations for Fed- programs pursuant to title 23, United States programs (other than the minimum guar- eral-aid highway and highway safety con- Code, $400,000,000, to be derived from the antee program, but only to the extent that struction programs for future fiscal years. Highway Trust Fund (other than the Mass amounts apportioned for the minimum guar- SEC. 111. Notwithstanding any other provi- Transit Account) and to remain available antee program for such fiscal year exceed sion of law, whenever an allocation is made until expended: Provided, That amounts $2,639,000,000, and the Appalachian develop- of the sums authorized to be appropriated for under this heading shall be distributed in the ment highway system program) that are ap- expenditure on the Federal lands highway same manner as if made available under 23 portioned by the Secretary under title 23, program, and whenever an apportionment is U.S.C. 110: Provided further, That the United States Code, in the ratio that— made of the sums authorized to be appro- amounts under this heading shall not be sub- (A) sums authorized to be appropriated for priated for expenditure on the surface trans- ject to, or computed against, any obligation such programs that are apportioned to each portation program, the congestion mitiga- limitation or contract authority set forth in State for such fiscal year, bear to tion and air quality improvement program, this Act or any other Act: Provided further, (B) the total of the sums authorized to be the National Highway System, the Inter- That, before such allocation and distribution appropriated for such programs that are ap- state maintenance program, the bridge pro- are made, $133,450,000 shall be retained for portioned to all States for such fiscal year. gram, the Appalachian development highway surface transportation projects. (b) The obligation limitation for Federal- system, and the minimum guarantee pro- GENERAL PROVISIONS—FEDERAL HIGHWAY aid Highways shall not apply to obligations: gram, the Secretary of Transportation shall ADMINISTRATION (1) under section 125 of title 23, United States deduct a sum in such amount not to exceed Code; (2) under section 147 of the Surface SEC. 110. (a) For fiscal year 2004, the Sec- 1.35 percent of all sums so made available, as retary of Transportation shall— Transportation Assistance Act of 1978; (3) the Secretary determines necessary to ad- (1) not distribute from the obligation limi- under section 9 of the Federal-Aid Highway minister the provisions of law to be financed tation for Federal-aid Highways amounts au- Act of 1981; (4) under sections 131(b) and 131(j) from appropriations for the programs au- thorized for administrative expenses and pro- of the Surface Transportation Assistance thorized under chapters 1 and 2 of title 23, Act of 1982; (5) under sections 149(b) and grams funded from the administrative take- United States Code, and to make transfers in 149(c) of the Surface Transportation and Uni- down authorized by section 104(a)(1)(A) of accordance with section 104(a)(1)(A)(ii) of form Relocation Assistance Act of 1987; (6) title 23, United States Code, for the highway title 23, United States Code: Provided, That under sections 1103 through 1108 of the Inter- use tax evasion program, and for the Bureau any deduction by the Secretary of Transpor- modal Surface Transportation Efficiency Act of Transportation Statistics; tation in accordance with this subsection of 1991; (7) under section 157 of title 23, (2) not distribute an amount from the obli- shall be deemed to be a deduction under sec- United States Code, as in effect on the day gation limitation for Federal-aid Highways tion 104(a)(1)(A) of title 23, United States before the date of the enactment of the that is equal to the unobligated balance of Code, and the sum so deducted shall remain Transportation Equity Act for the 21st Cen- amounts made available from the Highway available until expended. tury; and (8) under section 105 of title 23, SEC. 112. Notwithstanding 31 U.S.C. 3302, Trust Fund (other than the Mass Transit Ac- United States Code (but, only in an amount funds received by the Bureau of Transpor- count) for Federal-aid highways and highway equal to $639,000,000 for such fiscal year). safety programs for the previous fiscal year (c) Notwithstanding subsection (a), the tation Statistics from the sale of data prod- the funds for which are allocated by the Sec- Secretary shall after August 1 for such fiscal ucts, for necessary expenses incurred pursu- retary; year revise a distribution of the obligation ant to 49 U.S.C. 111 may be credited to the (3) determine the ratio that— limitation made available under subsection Federal-aid highways account for the pur- (A) the obligation limitation for Federal- (a) if a State will not obligate the amount pose of reimbursing the Bureau for such ex- aid Highways less the aggregate of amounts distributed during that fiscal year and redis- penses: Provided, That such funds shall be not distributed under paragraphs (1) and (2), tribute sufficient amounts to those States subject to the obligation limitation for Fed- bears to able to obligate amounts in addition to those eral-aid highways and highway safety con- (B) the total of the sums authorized to be previously distributed during that fiscal year struction. appropriated for Federal-aid highways and giving priority to those States having large SEC. 113. Notwithstanding any other provi- highway safety construction programs (other unobligated balances of funds apportioned sion of law: than sums authorized to be appropriated for under sections 104 and 144 of title 23, United (1) Section 1105(c) of the Intermodal Sur- sections set forth in paragraphs (1) through States Code, section 160 (as in effect on the face Transportation Efficiency Act of 1991 (7) of subsection (b) and sums authorized to day before the enactment of the Transpor- (105 Stat. 2032; 112 Stat. 191; 115 Stat. 871) is be appropriated for section 105 of title 23, tation Equity Act for the 21st Century) of amended— United States Code, equal to the amount re- title 23, United States Code, and under sec- (A) in paragraph (42), by striking ‘‘Fulton, ferred to in subsection (b)(8)) for such fiscal tion 1015 of the Intermodal Surface Trans- Mississippi,’’ the first time that it appears year less the aggregate of the amounts not portation Efficiency Act of 1991 (105 Stat. and all that follows to the end of the para- distributed under paragraph (1) of this sub- 1943–1945). graph and inserting ‘‘Fulton, Mississippi.’’; section; (d) The obligation limitation shall apply to and (4) distribute the obligation limitation for transportation research programs carried (B) by adding at the end the following: Federal-aid Highways less the aggregate out under chapter 5 of title 23, United States ‘‘(45) The United States Route 78 Corridor amounts not distributed under paragraphs Code, except that obligation authority made from Memphis, Tennessee, to Corridor X of (1) and (2) for section 201 of the Appalachian available for such programs under such limi- the Appalachian development highway sys- Regional Development Act of 1965, and tation shall remain available for a period of tem near Fulton, Mississippi, and Corridor X $2,000,000,000 for such fiscal year under sec- 3 fiscal years. of the Appalachian development highway tion 105 of title 23, United States Code (relat- (e) Not later than 30 days after the date of system extending from near Fulton, Mis- ing to minimum guarantee) so that the the distribution of obligation limitation sissippi, to near Birmingham, Alabama.’’. amount of obligation authority available for under subsection (a), the Secretary shall dis- (2) Section 1105(e)(5) of the Intermodal Sur- each of such sections is equal to the amount tribute to the States any funds: (1) that are face Transportation Efficiency Act of 1991 determined by multiplying the ratio deter- authorized to be appropriated for such fiscal (105 Stat. 2032; 115 Stat. 872) is amended— mined under paragraph (3) by the sums au- year for Federal-aid highways programs (A) in subparagraph (A) by striking ‘‘(A) IN thorized to be appropriated for such section (other than the program under section 160 of GENERAL.—The portions’’ and all that follows (except in the case of section 105, title 23, United States Code) and for carrying through the end of the first sentence and in- $2,000,000,000) for such fiscal year; out subchapter I of chapter 311 of title 49, serting:

VerDate jul 14 2003 03:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.010 H04PT1 H7864 CONGRESSIONAL RECORD — HOUSE September 4, 2003

‘‘(A) IN GENERAL.—The portions of the gible under section 184 of title 23, United under section 350 of the Department of routes referred to in subsection (c)(1), sub- States Code, and shall be funded under sec- Transportation and Related Agencies Appro- section (c)(3) (relating solely to the Ken- tion 188 of title 23, United States Code: Pro- priations Act, 2002, $47,000,000, to be derived tucky Corridor), clauses (i), (ii), and (except vided further, That the Secretary may revise from the Highway Trust Fund (other than with respect to Georgetown County) (iii) of the interest rate or modify other terms of the Mass Transit Account) and to remain subsection (c)(5)(B), subsection (c)(9), sub- the existing loan agreement to the extent available until expended. sections (c)(18) and (c)(20), subsection (c)(36), that the marginal budgetary costs, if any, of GENERAL PROVISIONS—FEDERAL MOTOR subsection (c)(37), subsection (c)(40), sub- such modifications do not exceed $80,000,000 CARRIER SAFETY ADMINISTRATION section (c)(42), and subsection (c)(45) that are and are funded under section 188 of title 23, SEC. 130. Notwithstanding any other provi- not a part of the Interstate System are des- United States Code. sion of law, whenever an allocation is made ignated as future parts of the Interstate Sys- SEC. 119. (a) IN GENERAL.—As soon as prac- of the sums authorized to be appropriated for tem.’’; and ticable after the date of enactment of this expenditure on the Federal lands highway (B) by adding the following at the end of Act, the Secretary of Transportation shall program, and whenever an apportionment is subparagraph (B)(i): ‘‘The route referred to enter into an agreement with the State of made of the sums authorized to be appro- in subsection (c)(45) is designated as Inter- Nevada, the State of Arizona, or both, to pro- priated for expenditure on the surface trans- state Route I–22.’’. vide a method of funding for construction of portation program, the congestion mitiga- SEC. 114. None of the funds limited or made a Hoover Dam Bypass Bridge from funds al- tion and air quality improvement program, available in this Act shall be available to located for the Federal Lands Highway Pro- the National Highway System, the Inter- carry out 23 U.S.C. 133(d)(2). gram under section 202(b) of title 23, United state maintenance program, the bridge pro- SEC. 115. Notwithstanding any other provi- States Code. gram, the Appalachian development highway sion of law, in section 1602 of the Transpor- (b) METHODS OF FUNDING.— system, and the minimum guarantee pro- tation Equity Act for the 21st Century— (1) The agreement entered into under sub- gram, the Secretary of Transportation shall (1) item number 230 is amended by striking section (a) shall provide for funding in a deduct a sum in such amount not to exceed ‘‘Monroe County transportation improve- manner consistent with the advance con- .90 percent of all sums so made available, as ments on Long Pond Road, Pattonwood struction and debt instrument financing pro- the Secretary determines necessary, to ad- Road, and Lyell road’’ and inserting ‘‘Route cedures for Federal-aid highways set forth in minister the provisions of law to be financed 531/Brockport-Rochester Corridor in Monroe section 115 and 122 of title 23, except that the from appropriations for motor carrier safety County, New York’’. funding source may include funds made programs and motor carrier safety research: (2) Item number 1149 is amended by strik- available under the Federal Lands Highway Provided, That any deduction by the Sec- ing ‘‘Traffic Mitigation Project on William Program. retary of Transportation in accordance with Street and Losson Road in Cheektowaga’’ (2) Eligibility for funding under this sub- this subsection shall be deemed to be a de- and inserting ‘‘Study and implement mitiga- section shall not be construed as a commit- duction under section 104(a)(1)(B) of title 23, tion and diversion options for William Street ment, guarantee, or obligation on the part of United States Code, and the sum so deducted and Broadway Street in Cheektowaga, I–90 the United States to provide for payment of shall remain available until expended. Corridor Study; Interchange 53 to Inter- principal or interest of an eligible debt fi- SEC. 131. None of the funds appropriated, change 49, PIN 552830 and Cheektowaga Rails nancing instrument as so defined in section limited, or made available in this Act shall be used to implement or enforce any provi- to Trails, PIN 575508’’. 122, nor create a right of a third party sion of the Final Rule issued on April 16, 2003 (3) Item number 476 is amended by striking against the United States for payment under (Docket No. FMCSA–97–2350) as it applies to ‘‘Expand Perkins Road in Baton Rouge’’ and an eligible debt financing instrument. The operators of utility service vehicles as de- inserting ‘‘Feasibility study, design, and agreement entered into pursuant to sub- fined in 49 CFR section 395.2. construction of a connector between Lou- section (a) shall make specific reference to SEC. 132. Funds appropriated or limited in isiana Highway 1026 and I–12 in Livingston this provision of law. this Act shall be subject to the terms and Parish’’. (3) The provisions of this section do not conditions stipulated in section 350 of Public (4) Item 4 of the table contained in section limit the use of other available funds for Law 107–87, including that the Secretary sub- 1602 of the Transportation Equity Act for the which the project referenced in subsection mit a report to the House and Senate Appro- 21st Century, relating to construction of a (a) is eligible. priations Committees annually on the safety bike path in Michigan, is amended by strik- FEDERAL MOTOR CARRIER SAFETY and security of transportation into the ing ‘‘between Mount Clemens and New Balti- ADMINISTRATION United States by Mexico-domiciled motor more’’ and inserting ‘‘for the Macomb Or- MOTOR CARRIER SAFETY carriers. chard Trail in Macomb County’’. NATIONAL HIGHWAY TRAFFIC SAFETY SEC. 116. Intelligent Transportation Sys- (LIMITATION ON ADMINISTRATIVE EXPENSES) ADMINISTRATION tems appropriations made to the State of (HIGHWAY TRUST FUND) OPERATIONS AND RESEARCH Wisconsin in Public Law 105–277, Public Law For necessary expenses for administration 106–69, and Public Law 107–87 shall not be of motor carrier safety programs and motor For expenses necessary to discharge the subject to the limitations of Public Law 105– carrier safety research, pursuant to section functions of the Secretary, with respect to 178, sec. 5208(d), 23 U.S.C. sec. 502 (Notes). 104(a)(1)(B) of title 23, United States Code, traffic and highway safety under chapter 301 SEC. 117. Notwithstanding Public Law 105– not to exceed $236,753,000 shall be paid in ac- of title 49, United States Code, and part C of 178, sec. 5208(d), Intelligent Transportation cordance with law from appropriations made subtitle VI of title 49, United States Code, Systems appropriations for— available by this Act and from any available $206,178,000, of which $171,110,000 shall remain available until September 30, 2006: Provided, (1) Wausau-Stevens Point-Wisconsin Rap- take-down balances to the Federal Motor That none of the funds appropriated by this ids, Wisconsin, in Public Law 105–277 and Carrier Safety Administration, together Act may be obligated or expended to plan, fi- Public Law 106–69 shall be available for use with advances and reimbursements received nalize, or implement any rulemaking to add in the counties of Ashland, Barron, Bayfield, by the Federal Motor Carrier Safety Admin- to section 575.104 of title 49 of the Code of Burnett, Chippewa, Douglas, Iron, Lincoln, istration: Provided, That such amounts shall Federal Regulations any requirement per- Marathon, Polk, Portage, Price, Rusk, Saw- be available to carry out the functions and taining to a grading standard that is dif- yer, Taylor, Washburn, Wood, Clark, operations of the Federal Motor Carrier ferent from the three grading standards Langlade, and Oneida; and Safety Administration. (2) the City of Superior and Douglas Coun- (treadwear, traction, and temperature resist- NATIONAL MOTOR CARRIER SAFETY PROGRAM ty, Wisconsin, in Public Law 106–69 shall be ance) already in effect. available for use in the City of Superior and (LIQUIDATION OF CONTRACT AUTHORIZATION) OPERATIONS AND RESEARCH northern Wisconsin. (LIMITATION ON OBLIGATIONS) (LIQUIDATION OF CONTRACT AUTHORIZATION) SEC. 118. Notwithstanding any other provi- (HIGHWAY TRUST FUND) (LIMITATION ON OBLIGATIONS) sion of law, for the purpose of assisting in Notwithstanding any other provision of (HIGHWAY TRUST FUND) the development, construction and financing law, for payment of obligations incurred in of additional improvements to the Alameda For payment of obligations incurred in carrying out 49 U.S.C. 31102, 31106 and 31309, carrying out the provisions of 23 U.S.C. 403, Corridor, including construction of a truck $190,000,000, to be derived from the Highway expressway or other enhancements, the Sec- to remain available until expended, Trust Fund and to remain available until ex- $72,000,000, to be derived from the Highway retary of Transportation shall modify the pended: Provided, That none of the funds in loan agreement entered into with the Ala- Trust Fund: Provided, That none of the funds this Act shall be available for the implemen- in this Act shall be available for the plan- meda Corridor Transportation Authority tation or execution of programs the obliga- pursuant to Public Law 104–208 to revise the ning or execution of programs the total obli- tions for which are in excess of $190,000,000 interest rate to equal the average yield, as of gations for which, in fiscal year 2004, are in for ‘‘Motor Carrier Safety Grants’’ and ‘‘In- the date of modification of the loan agree- excess of $72,000,000 for programs authorized formation Systems’’. under 23 U.S.C. 403. ment, on marketable Treasury securities of similar maturity to the expected remaining BORDER ENFORCEMENT PROGRAM NATIONAL DRIVER REGISTER average life of the loan: Provided, That not- (HIGHWAY TRUST FUND) (HIGHWAY TRUST FUND) withstanding any other provision of law, For necessary expenses to continue the For expenses necessary to discharge the such modification shall be deemed to be eli- Border Enforcement Program authorized functions of the Secretary with respect to

VerDate jul 14 2003 03:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.010 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7865 the National Driver Register under chapter Traffic Safety Administration in accordance shall submit to the Secretary of Transpor- 303 of title 49, United States Code, $3,600,000, with section 30166(m) of title 49, United tation and the House and Senate Committees to be derived from the Highway Trust Fund, States Code, with respect to trailers rated at on Appropriations a supplemental report re- and to remain available until expended. 26,000 pounds or less gross vehicle weight. garding the business plan, which shall de- HIGHWAY TRAFFIC SAFETY GRANTS FEDERAL RAILROAD ADMINISTRATION scribe the work completed to date, any changes to the business plan, and the reasons (LIQUIDATION OF CONTRACT AUTHORIZATION) SAFETY AND OPERATIONS for such changes: Provided further, That none (LIMITATION ON OBLIGATIONS) For necessary expenses of the Federal Rail- of the funds in this Act may be used for oper- (HIGHWAY TRUST FUND) road Administration, not otherwise provided ating expenses and capital projects not ap- Notwithstanding any other provision of for, $130,922,000, of which $11,712,000 shall re- proved by the Secretary of Transportation law, for payment of obligations incurred in main available until expended. nor on the National Railroad Passenger Cor- carrying out the provisions of 23 U.S.C. 402, RAILROAD RESEARCH AND DEVELOPMENT poration’s fiscal year 2004 business plan: Pro- 405, and 410, to remain available until ex- For necessary expenses for railroad re- vided further, That none of the funds under pended, $225,000,000, to be derived from the search and development, $28,225,000, to re- this heading may be obligated or expended Highway Trust Fund: Provided, That none of main available until expended. until the National Railroad Passenger Cor- poration agrees to continue abiding by the the funds in this Act shall be available for RAILROAD REHABILITATION AND IMPROVEMENT provisions of paragraphs 1, 2, 3, 5, 9, and 11 of the planning or execution of programs the PROGRAM total obligations for which, in fiscal year the summary of conditions for the direct (LIMITATION ON DIRECT LOANS AND LOAN 2004, are in excess of $225,000,000 for programs loan agreement of June 28, 2002, in the same GUARANTEES) authorized under 23 U.S.C. 402, 405, and 410, of manner as in effect on the date of enactment which $165,000,000 shall be for ‘‘Highway The Secretary of Transportation is author- of this Act. ized to issue to the Secretary of the Treas- Safety Programs’’ under 23 U.S.C. 402, GENERAL PROVISIONS—FEDERAL RAILROAD ury notes or other obligations pursuant to $20,000,000 shall be for ‘‘Occupant Protection ADMINISTRATION section 512 of the Railroad Revitalization Incentive Grants’’ under 23 U.S.C. 405, and SEC. 150. To authorize the Surface Trans- and Regulatory Reform Act of 1976 (Public $40,000,000 shall be for ‘‘Alcohol-Impaired portation Board to direct the continued op- Law 94–210), as amended, in such amounts Driving Countermeasures Grants’’ under 23 eration of certain commuter rail passenger and at such times as may be necessary to U.S.C. 410: Provided further, That none of transportation operations in emergency situ- pay any amounts required pursuant to the these funds shall be used for construction, ations, and for other purposes: guarantee of the principal amount of obliga- rehabilitation, or remodeling costs, or for of- (a) Section 11123 of title 49, United States tions under sections 511 through 513 of such fice furnishings and fixtures for State, local, Code, is amended— Act, such authority to exist as long as any or private buildings or structures: Provided (1) in subsection (a)— such guaranteed obligation is outstanding: further, That not to exceed $8,150,000 of the (A) by inserting ‘‘failure of existing com- That pursuant to section 502 of funds made available for section 402, not to Provided, muter rail passenger transportation oper- such Act, as amended, no new direct loans or exceed $1,000,000 of the funds made available ations caused by a cessation of service by the loan guarantee commitments shall be made for section 405, and not to exceed $2,000,000 of National Railroad Passenger Corporation,’’ using Federal funds for the credit risk pre- the funds made available for section 410 shall after ‘‘cessation of operations,’’; mium during fiscal year 2004. be available to NHTSA for administering (B) by striking ‘‘or’’ at the end of para- highway safety grants under chapter 4 of NEXT GENERATION HIGH-SPEED RAIL graph (3); title 23, United States Code: Provided further, For necessary expenses for the Next Gen- (C) by striking the period at the end of That not to exceed $2,600,000 of the funds eration High-Speed Rail program as author- paragraph (4)(C) and inserting ‘‘; or’’; and made available for section 157, and $2,600,000 ized under 49 U.S.C. 26101 and 26102, (D) by adding at the end the following new of the funds made available for section 163, $28,250,000, to remain available until ex- paragraph: shall be available to NHTSA for admin- pended. ‘‘(5) in the case of a failure of existing istering highway safety grants under chapter GRANTS TO THE NATIONAL RAILROAD freight or commuter rail passenger transpor- 1 of title 23, United States Code: Provided fur- PASSENGER CORPORATION tation operations caused by a cessation of service by the National Railroad Passenger ther, That not to exceed $500,000 of the funds To enable the Secretary of Transportation Corporation, direct the continuation of the made available for section 410 ‘‘Alcohol-Im- to make grants to the National Railroad operations and dispatching, maintenance, paired Driving Countermeasures Grants’’ Passenger Corporation, $900,000,000, to re- and other necessary infrastructure functions shall be available for technical assistance to main available until September 30, 2004, in- related to the operations.’’; the States. cluding $400,000,000 for quarterly grants for (2) in subsection (b)(3)— GENERAL PROVISIONS—NATIONAL HIGHWAY operating expenses, $373,000,000 for quarterly (A) by striking ‘‘When’’ and inserting ‘‘(A) TRAFFIC SAFETY ADMINISTRATION grants for capital expenses along the North- Except as provided in subparagraph (B), east Corridor Mainline, and $127,000,000 for SEC. 140. Notwithstanding any other provi- when’’; and quarterly grants for general capital improve- sion of law, States may use funds provided in (B) by adding at the end the following new ments: Provided, That the Secretary of this Act under section 402 of title 23, United subparagraph: States Code, to produce and place highway Transportation shall approve funding to ‘‘(B) In the case of a failure of existing safety public service messages in television, cover operating losses and a long-distance freight or commuter rail passenger transpor- radio, cinema, and print media, and on the train of the National Railroad Passenger tation operations caused by a cessation of Internet in accordance with guidance issued Corporation only after receiving and review- service by the National Railroad Passenger by the Secretary of Transportation: Provided, ing a grant request for each specific train Corporation, the Board shall provide funding That any state that uses funds for such pub- route: Provided further, That each such grant to fully reimburse the directed service pro- lic service messages shall submit to the Sec- request shall be accompanied by a detailed vider for its costs associated with the activi- retary and the House and Senate Commit- financial analysis and revenue projection ties directed under subsection (a), including tees on Appropriations a report describing justifying the federal support to the Sec- the payment of increased insurance pre- and assessing the effectiveness of the mes- retary’s satisfaction: Provided further, That miums. The Board shall order complete in- sages: Provided further, That $10,000,000 of the the Secretary of Transportation and the Am- demnification against any and all claims as- funds allocated for innovative seat belt trak Board of Directors shall ensure that, of sociated with the provision of service to projects under section 157 of title 23, United the amount made available under this head- which the directed rail carrier may be ex- States Code, and $12,000,000 of funds allo- ing, sufficient sums are reserved to satisfy posed.’’; cated under section 163 of title 23, United the contractual obligations of the National (3) by adding the following new paragraph States Code, shall be used as directed by the Railroad Passenger Corporation for com- at the end of subsection (c): National Highway Traffic Safety Adminis- muter and intercity passenger rail service: ‘‘(4) In the case of a failure of existing trator, to purchase advertising in broadcast Provided further, That within 60 days of en- freight or commuter rail passenger transpor- media to support the national mobilizations actment of this Act but not later than Octo- tation operations caused by cessation of conducted in all fifty states, aimed at in- ber 1, 2003, Amtrak shall transmit to the service by the National Railroad Passenger creasing seat belt use and reducing impaired Secretary of Transportation and the House Corporation, the Board may not direct a rail driving: Provided further, That up to $2,000,000 and Senate Committees on Appropriations a carrier to undertake activities under sub- of the funds allocated under section 163 of business plan for operating and capital im- section (a) to continue such operations un- title 23, United States Code, shall be used by provements to be funded in fiscal year 2004 less— the Administrator to evaluate the effective- under section 24104(a) of title 49, United ‘‘(A) the Board first affirmatively finds ness of alcohol-impaired driving programs States Code: Provided further, That the busi- that the rail carrier is operationally capable that purchase advertising as provided by this ness plan shall include a description of the of conducting the directed service in a safe section. work to be funded, along with cost estimates and efficient manner; and SEC. 141. None of the funds made available and an estimated timetable for completion ‘‘(B) the funding for such directed service by this Act may be used for the purpose of of the projects covered by this business plan: required by subparagraph (B) of subsection enforcing compliance with 49 CFR section Provided further, That not later than October (b)(3) is provided in advance in appropria- 579.24, promulgated by the National Highway 1, 2003 and each month thereafter, Amtrak tions Acts.’’; and

VerDate jul 14 2003 03:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.010 H04PT1 H7866 CONGRESSIONAL RECORD — HOUSE September 4, 2003 (4) by adding at the end the following new until expended: Provided, That no more than East Side Access Project, NY, Phase I, subsections: $6,000,000 of budget authority shall be avail- $70,000,000; ‘‘(e) For purposes of this section, the Na- able for these purposes. Ft. Lauderdale, FL, Tri-Rail Commuter tional Railroad Passenger Corporation and TRANSIT PLANNING AND RESEARCH Project, $18,410,000; any entity providing commuter rail pas- Las Vegas, NV, Resort Corridor Fixed For necessary expenses to carry out 49 senger transportation shall be considered Guideway, $15,000,000; U.S.C. 5303, 5304, 5305, 5311(b)(2), 5312, 5313(a), rail carriers subject to the Board’s jurisdic- Los Angeles, CA, Eastside Light Rail Tran- 5314, 5315, and 5322, $24,200,000, to remain tion. sit System, $10,000,000; available until expended: Provided, That no ‘‘(f) For purposes of this section, the term Memphis, TN, Medical Center Rail Exten- more than $122,000,000 of budget authority ‘commuter rail passenger transportation’ sion, $9,247,588; shall be available for these purposes: Pro- has the meaning given that term in section Minneapolis, MN, Hiawatha Corridor Light vided further, That $5,250,000 is available to 24102(4).’’. Rail Transit (LRT), $74,980,000; provide rural transportation assistance (49 (b) Section 24301(c) of title 49, United New Orleans, LA, Canal Street Streetcar U.S.C. 5311(b)(2)), $4,000,000 is available to States Code, is amended by inserting Project, $23,921,373; carry out programs under the National Tran- ‘‘11123,’’ after ‘‘except for sections’’. New York, Second Avenue Subway, sit Institute (49 U.S.C. 5315), $8,250,000 is FEDERAL TRANSIT ADMINISTRATION $3,000,000; available to carry out transit cooperative re- Newark, NJ, Rail Link (NERL) MOS1, ADMINISTRATIVE EXPENSES search programs (49 U.S.C. 5313(a)), $60,385,600 $22,566,022; For necessary administrative expenses of is available for metropolitan planning (49 Northern, NJ, Hudson-Bergen Light Rail the Federal Transit Administration’s pro- U.S.C. 5303, 5304, and 5305), $12,614,400 is avail- (MOS2), $100,000,000; grams, $14,500,000: Provided, That no more able for State planning (49 U.S.C. 5313(b)); Phoenix, AZ, Central Phoenix/East Valley than $72,500,000 of budget authority shall be and $31,500,000 is available for the national Light Rail Transit Project, $13,000,000; available for these purposes: Provided further, planning and research program (49 U.S.C. Pittsburgh, PA, Stage II Light Rail Tran- That of the funds available not to exceed 5314). $948,000 shall be available for the Office of sit Reconstruction, $32,243,422; TRUST FUND SHARE OF EXPENSES the Administrator; not to exceed $6,126,000 Portland, OR, Interstate MAX Light Rail shall be available for the Office of Adminis- (LIQUIDATION OF CONTRACT AUTHORIZATION) Extension, $77,500,000; tration; not to exceed $3,848,000 shall be (HIGHWAY TRUST FUND) Raleigh, NC, Triangle Transit Authority Regional Rail Project, $3,000,000; available for the Office of the Chief Counsel; Notwithstanding any other provision of Salt Lake City, UT, Medical Center LRT not to exceed $1,067,000 shall be available for law, for payment of obligations incurred in Extension, $30,663,361; the Office of Communication and Congres- carrying out 49 U.S.C. 5303–5308, 5310–5315, San Diego, CA, Mission Valley East Light sional Affairs; not to exceed $7,303,000 shall 5317(b), 5322, 5327, 5334, 5505, and sections 3037 Rail Transit Extension, $65,000,000; be available for the Office of Program Man- and 3038 of Public Law 105–178, $5,807,020,000 San Diego, CA, Oceanside-Escondido Rail agement; not to exceed $6,027,000 shall be to remain available until expended, and to be Project, $48,000,000; available for the Office of Budget and Policy; derived from the Mass Transit Account of San Juan, PR, Tren Urbano Rapid Transit not to exceed $4,328,000 shall be available for the Highway Trust Fund: Provided, That System, $43,540,000; the Office of Demonstration and Innovation; $3,071,200,000 shall be paid to the Federal Seattle, WA, Sound Transit Central Link not to exceed $2,657,000 shall be available for Transit Administration’s formula grants ac- Initial Segment, $15,000,000; the Office of Civil Rights; not to exceed count: Provided further, That $97,800,000 shall Washington, DC/MD, Largo Extension, $3,732,000 shall be available for the Office of be paid to the Federal Transit Administra- $65,000,000; Planning; not to exceed $17,697,000 shall be tion’s transit planning and research account: Washington, DC/VA, Dulles Corridor Rapid available for regional offices; and not to ex- Provided further, That $58,000,000 shall be paid Transit Project, $25,000,000; ceed $16,567,000 shall be available for the cen- to the Federal Transit Administration’s ad- Hawaii and Alaska Ferry Boats, $10,296,000; tral account: Provided further, That the Ad- ministrative expenses account: Provided fur- Oversight set-aside, $12,144,000; and ministrator is authorized to transfer funds ther, That $4,800,000 shall be paid to the Fed- San Francisco, CA, Muni Third Street appropriated for an office of the Federal eral Transit Administration’s university Light Rail Project, $10,000,000; Transit Administration: Provided further, transportation research account: Provided That no appropriation for an office shall be further, That $64,000,000 shall be paid to the Provided further, That notwithstanding any increased or decreased by more than 3 per- Federal Transit Administration’s job access other provision of law, for the purpose of cal- cent by all such transfers: Provided further, and reverse commute grants program: Pro- culating the non-New Starts share of the That any change in funding greater than 3 vided further, That $2,507,220,000 shall be paid total project cost of both phases of San percent shall be submitted for approval to to the Federal Transit Administration’s cap- Francisco Muni’s Third Street Light Rail the House and Senate Committees on Appro- ital investment grants account. Transit project for fiscal year 2004, the Sec- priations: Provided further, That not to ex- retary of Transportation shall include all CAPITAL INVESTMENT GRANTS ceed $1,000,000 shall be available for travel non-New Starts contributions made towards expenses: Provided further, That of the funds (INCLUDING TRANSFER OF FUNDS) Phase 1 of the two-phase project for engi- in this Act available for the execution of For necessary expenses to carry out 49 neering, final design and construction, and contracts under section 5327(c) of title 49, U.S.C. 5308, 5309, 5318, and 5327, $599,280,000, to also shall allow non-New Starts funds ex- United States Code, $2,000,000 shall be reim- remain available until expended: Provided, pended on one element or phase of the bursed to the Department of Transpor- That no more than $3,106,500,000 of budget project to be used to meet the non-New tation’s Office of Inspector General for costs authority shall be available for these pur- Starts share requirement of any element or associated with audits and investigations of poses: Provided further, That there shall be phase of the project: Provided further, That transit-related issues, including reviews of available for fixed guideway modernization, none of the funds provided in this Act for the new fixed guideway systems: Provided fur- $1,214,400,000; there shall be available for the San Francisco Muni’s Third Street Light ther, That not to exceed $2,200,000 for the Na- replacement, rehabilitation, and purchase of Rail Transit Project shall be obligated if the tional transit database shall remain avail- buses and related equipment and the con- Federal Transit Administration determines able until expended. struction of bus-related facilities, that the project is found to be ‘‘not rec- FORMULA GRANTS $677,700,000; and there shall be available for ommended’’ after evaluation and computa- new fixed guideway systems $1,214,400,000, to tion of revised transportation system user (INCLUDING TRANSFER OF FUNDS) be available as follows: benefit data. For necessary expenses to carry out 49 Baltimore, MD, Central Light Rail Double Mr. ISTOOK (during the reading). Mr. U.S.C. 5307, 5308, 5310, 5311, 5327, and section Track Project, $40,000,000; Chairman, I ask unanimous consent 3038 of Public Law 105–178, $767,800,000, to re- BART San Francisco Airport (SFO), CA, main available until expended: Provided, that the remainder of the bill through Extension Project, $100,000,000; page 51, line 10 be considered as read, That no more than $3,839,000,000 of budget Boston, MA, Silver Line Phase III, authority shall be available for these pur- $3,000,000; printed in the RECORD, and open to poses: Provided further, That notwithstanding Charlotte, NC, South Corridor Light Rail amendment at any point. section 3008 of Public Law 105–178, $50,000,000 Project, $4,000,000; The CHAIRMAN. Is there objection of the funds to carry out 49 U.S.C. 5308 shall Chicago Transit Authority, IL, Douglas to the request of the gentleman from be transferred to and merged with funding Branch Reconstruction, $85,000,000; Oklahoma? provided for the replacement, rehabilitation, Chicago, IL, Metra Commuter Rail Expan- There was no objection. and purchase of buses and related equipment sions and Extensions, $52,000,000; and the construction of bus-related facilities The CHAIRMAN. Are there points of Chicago, IL, Ravenswood Reconstruction, order? under ‘‘Federal Transit Administration, Cap- $45,000,000; POINTS OF ORDER ital investment grants’’. Dallas, TX, North Central Light Rail Ex- UNIVERSITY TRANSPORTATION RESEARCH tension, $30,161,283; Mr. MICA. Mr. Chairman, I have For necessary expenses to carry out 49 Denver, CO, Southeast Corridor LRT (T- three points of order, and I would like U.S.C. 5505, $1,200,000, to remain available REX), $80,000,000; to take them one at a time.

VerDate jul 14 2003 03:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.010 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7867 The CHAIRMAN. The gentleman will Mr. Chairman, I make a point of If not, the point of order is conceded state his points of order. order against all of section 105 which and sustained, and that paragraph is Mr. MICA. Mr. Chairman, I make a begins on page 14, line 16 through page stricken from the bill. point of order against the provision 15, line 2. That section authorizes the Mr. PETRI. Mr. Chairman, I make a found on page 9 beginning on line 14 Federal Aviation Administration to ac- point of order against section 110 which and ending on line 15. The phrase ‘‘to cept funds from an airport sponsor to begins on page 18 and ends on page 23, be derived from the Airport and Airway expedite the environmental review line 15. Section 110 specifies the dis- Trust Fund and.’’ This is an unauthor- process for airport projects that would tribution of funds for the Federal-aid ized appropriations from the Airport add critical airport capacity to the Na- Highways Program. I expect that this and Airway Trust Fund in violation of tional Air Transportation System. The Congress will extend the existing high- clause 2 of rule XXI. conference report on H.R. 15 contains a way program for a period of time. If we Mr. YOUNG of Florida. Mr. Chair- provision that is similar but, in fact, do so, this provision will create confu- man, I am disappointed that my col- broader in scope. The language in H.R. sion and conflict and is unnecessary. league from Florida made this point of 15 will allow the FAA to accept funds This entire section is legislative in na- order, but in the event that he did, I from an airport sponsor in order to fa- ture, in violation of clause 2 of rule must insist that the point of order be cilitate the timely processing, review XXI. applied to the entire paragraph and not and completion of environmental ac- The CHAIRMAN. Does any Member only to provisions within the para- tivities associated with any airport de- wish to be heard on the point of order? graph to which the gentleman from the velopment project. Mr. ISTOOK. Mr. Chairman, although authorizing committee objects. To avoid the confusion that could the effect of this point of order would The CHAIRMAN. The point of order arise from the enactment of two incon- be to remove the distribution formula is extended to the entire paragraph. sistent provisions, I object to section and leave us in limbo, which we hope to 105 on the grounds that it is legislative Does any other Member wish to be ultimately correct, nevertheless, we in nature and in violation of clause 2, heard on the point of order? must concede the point of order. rule XXI. Mr. ISTOOK. Mr. Chairman, we The CHAIRMAN. Anyone wishing to The CHAIRMAN. Does any Member would concede the point of order as ex- wish to be heard on the point of order? be heard? tended as the Chair has stated to the Mr. ISTOOK. Mr. Chairman, we If not, the point of order is conceded entire paragraph. would concede this point of order. and sustained, and section 110 is strick- The CHAIRMAN. The point of order The CHAIRMAN. The point of order en from the bill. is conceded and sustained. That para- is conceded and sustained, and section Mr. PETRI. Mr. Chairman, I make a graph is stricken from the bill. 105 is stricken from the bill. point of order against section 111 which Mr. MICA. Mr. Chairman, I have a Mr. PETRI. Mr. Chairman, I have 15 begins on page 23, line 16 and ends on second point of order. points of order to the bill. page 24, line 12. Section 111 increases Mr. Chairman, I make a point of The CHAIRMAN. The gentleman will the Federal Highway administrative order against the provision found on state his point of order. takedown authorized in 23 USC 104(a) page 12 beginning with the word ‘‘for’’ Mr. PETRI. Mr. Chairman, on behalf from one and one-sixth percent to 1.35 on line 12 through ‘‘49 USC 44706’’ on of the Committee on Transportation percent. It would also waive existing line 16 and again on page 12, line 22 be- and Infrastructure, I make a point of law. This is legislative in nature, in ginning with the words ‘‘provided fur- order against the provision found on violation of clause 2 of rule XXI. ther’’ through page 13, line 2. This page 17, lines 6 through 11. This provi- Mr. ISTOOK. Mr. Chairman, we un- would fund administrative expenses of sion would rescind $137 million in unob- fortunately must concede the point of the Airport Improvement Program, ligated balances of Highway Contract order. AIP, and the cost of the Small Commu- Authority. The CHAIRMAN. The point of order nity Air Service Development Pilot Under this provision, each State De- is conceded and sustained, and section Program from contract authority that partment of Transportation would lose 111 is stricken from the bill. is authorized only for airport grants, funds from the Surface Transportation Mr. PETRI. Mr. Chairman, I make a not administrative expenses or other Program, the Congestion Mitigation point of order against the last two pro- programs. It would also waive existing Air Quality Program, the National visos of section 118 on page 28, line 19 law. Both the proviso and this related Highway System Program, the Inter- beginning with ‘‘provided’’ and through language are legislative in nature and, state Maintenance Program, and the page 29, line 3. therefore, in violation of clause 2 of Bridge Program. This will reduce each Section 118 directs the Secretary of rule XXI. State’s ability to move funds from one Transportation to modify a specific Mr. YOUNG of Florida. Mr. Chair- category to another within its obliga- loan agreement and to have the pro- man, again, I must insist that the tion limitation and will be particularly posed loan modification funded under harmful given that States may soon point of order be applied to the entire the Transportation and Infrastructure need to use their unobligated balances paragraph and not only to provisions Finance and Innovation Act Program. to continue their programs pending en- within the paragraph to which the gen- By statute, eligibility for federally actment of a long term reauthorization tleman from the authorizing com- guaranteed loans under the TIFIA pro- of surface transportation programs. gram is determined by the Secretary of mittee objects. The creation and recision of contract The CHAIRMAN. Does any Member Transportation in accordance with rig- authority is the exclusive jurisdiction wish to be heard on the point of order? of the Committee on Transportation orous and selective criteria. It also Mr. ISTOOK. Mr. Chairman, to the and Infrastructure. This decision is leg- waives existing law. Waiving existing extent that it applies to the entire islative in nature and in violation of law is legislative in nature and violates paragraph, namely, from line 1 on page clause 2 of rule XXI. clause 2 of House rule XXI. 12 through line 2 on page 13, to that ex- The CHAIRMAN. Does any Member The CHAIRMAN. Does any Member tent, applying to that entirety, we wish to be heard on the point of order? wish to be heard? would concede the point of order, but Mr. ISTOOK. Mr. Chairman, although Mr. ISTOOK. Mr. Chairman, I feel the only to that extent. the effect of the amendment, unfortu- need to speak a little bit in greater The CHAIRMAN. Does anyone else nately, is to add $137 million which we length because of the consequences of wish to be heard on the point of order? do not have in the budget authority to this point of order. If not, the point of order is conceded the underlying bill, thereby compli- This point of order would strike the and sustained and the paragraph is cating the efforts to ultimately final two provisos in section 218 but stricken from the bill. achieve a successful conference with leave intact the remainder of that sec- Mr. MICA. Mr. Chairman, I have a the Senate, nevertheless, we must con- tion. Those provisos that would be third and final point of order I would cede that the point of order is correct. stricken would ensure that the loan re- like to offer on behalf of myself and The CHAIRMAN. Does any other financing of the Alameda Corridor the Committee on Transportation and Member wish to be heard on the point Transportation Authority are sub- Infrastructure. of order? sumed, that is, contained within the

VerDate jul 14 2003 03:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.060 H04PT1 H7868 CONGRESSIONAL RECORD — HOUSE September 4, 2003 Transportation Infrastructure Finance the rules of the House of Representa- Mr. ISTOOK. Mr. Chairman, despite Innovation Act and thereby would tives. the negative consequences, we believe limit the overall expense of this refi- The CHAIRMAN. Is there any Mem- we must concede this point of order. nancing to $80 million. ber wishing to be heard on the point of The CHAIRMAN. The point of order The effect of the amendment is to in- order? is conceded and sustained, and those crease, again, the cost of our bill by up- Mr. YOUNG of Florida. Mr. Chair- two provisos are stricken from the bill. wards of $160 to $170 million in budget man, again, I must insist that the Mr. PETRI. Mr. Chairman, I make a authority and a similar number in out- point of order be applied to the entire point of order against the proviso that lays. paragraph and not just to the provision begins at the end of line 16 on page 45 The reason the committee included within the paragraph to which the gen- through line 23. This proviso purports section 118 as written is to ensure that tleman from the authorizing com- to transfer $50 million provided by TEA the refinancing of the Alameda Cor- mittee objects. for the clean fuels bus formula grant ridor Transportation Authority can be The CHAIRMAN. Is there any other program to the transit bus discre- funded through the Transportation In- Member wishing to be heard? tionary grant program, where it is dis- frastructure Finance and Innovation Mr. ISTOOK. Mr. Chairman, to the tributed not by the statutory formula Act Program and that the cost of that extent that the point of order is cor- envisioned in TEA but rather by ear- refinancing to the Federal Government rectly applied against the entire para- marks in report language. It also will not exceed $80 million. graph, namely, the text from page 31, waives existing law. This proviso is leg- If the point of order is sustained, the lines 14 through lines 21 to its entirety islative in nature in violation of rule refinancing costs will no longer be lim- and not just to a portion thereof, to XXI. ited and it cannot be paid for from the that extent and only that extent we The CHAIRMAN. Is there any Mem- TIFIA program. The effect of the elimi- would concede the point of order. ber wishing to be heard on the point of nation of these provisos may cause the The CHAIRMAN. Are there any other order? Congressional Budget Office to in- Members wishing to be heard on the Mr. ISTOOK. Mr. Chairman, we con- crease their scoring of the bill by the point of order? The point of order is cede this point of order. $160 to $170 million. That would put the conceded and sustained, and the para- The CHAIRMAN. The point of order bill well over our 302(b) allocation. graph is stricken from the bill. is conceded and sustained, and that Mr. PETRI. Mr. Chairman, I make a proviso is stricken from the bill. b 1415 point of order against all of section 130 Mr. PETRI. Mr. Chairman, I make a We have already had another point of which begins on page 31, line 24. This point of order against the phrase ‘‘Not- order that pushed us above that alloca- section authorizes an administrative withstanding any other provision of tion. We cannot afford this change. The takedown that exceeds the one-third of law’’ found on page 46, line 25. This lan- effect of sustaining the point of order 1 percent administrative takedown au- guage clearly constitutes legislation could be to make it impossible to do thorized by section 104(a)(1)(B) of Title on an appropriations bill in violation of this refinancing that is crucial in the 23. It also violates existing law. This clause 2 of rule XXI of the rules of the Alameda corridor. So I would ask the increase is legislative in nature in vio- House of Representatives. gentleman to consider the serious fi- lation of rule XXI. The CHAIRMAN. Does any Member nancial effect of his point of order and The CHAIRMAN. Is there any Mem- wish to be heard on the point of order? Mr. ISTOOK. Mr. Chairman, we con- consider withdrawing the point of ber wishing to be heard? cede this point of order. order. Mr. ISTOOK. Mr. Chairman, we con- The CHAIRMAN. The point of order The CHAIRMAN. Do any other Mem- cede this point of order against this is conceded and sustained, and that bers wish to be heard on the point of section. order? If not, the Chair finds that this language is stricken from the bill. The CHAIRMAN. The point of order Mr. PETRI. I have additional points provision explicitly supersedes existing is conceded and sustained, and section of order, but they are starting on page law. The provision, therefore, con- 130 is stricken from the bill. 51 which would that be in order at this stitutes legislation in violation of Mr. PETRI. Mr. Chairman, I make a point? clause 2 of rule XXI. The point of order point of order against the phrase ‘‘Not- The CHAIRMAN. Does the gentleman is sustained, and section 118 is stricken withstanding any other provision of seek to raise a point of order on page from the bill. law’’ found on page 34, line 24. This lan- 50? Mr. PETRI. Mr. Chairman, I make a guage clearly constitutes legislation Mr. PETRI. No. Page 51, line 12 is my point of order against the phrase ‘‘Not- on an appropriations bill in violation of next point of order. withstanding any other provision of clause 2 of rule XXI of the rules of the The CHAIRMAN. The bill is read law’’ found on page 31, line 5. This lan- House of Representatives. only through line 10 on page 51. Are guage clearly constitutes legislation The CHAIRMAN. Is there any Mem- there any other points of order against on an appropriations bill in violation of ber wishing to be heard on the point of provisions in his portion of the bill? If clause 2 of rule XXI of the rules of the order? not, are there any amendments? House of Representatives. Mr. ISTOOK. Mr. Chairman, we con- AMENDMENT OFFERED BY MR. ISTOOK The CHAIRMAN. Does any Member cede this point of order. Mr. ISTOOK. Mr. Chairman, I offer wish to be heard on the gentleman’s The CHAIRMAN. The point of order an amendment. point of order? is conceded and sustained, and that The Clerk read as follows: Mr. ISTOOK. Mr. Chairman, we con- language is stricken from the bill. Amendment offered by Mr. ISTOOK: cede this point of order. Mr. PETRI. Mr. Chairman, I make a On page 6, line 9 of the bill, delete The CHAIRMAN. The point of order point of order against the two provisos ‘‘$6,000,000,000’’ and insert in lieu thereof is conceded and sustained, and that which begin on page 36, line 17 starting ‘‘$4,043,000,000’’. language is stricken from the bill. with the words ‘‘provided further’’ Mr. ISTOOK. Mr. Chairman, this is a Mr. PETRI. Mr. Chairman, I make a through page 37, line 5. These provisos very simple and straightforward point of order against the phrase ‘‘to be of section 104 earmark the manner in amendment. It lowers the amount for derived from the Highway Trust Fund which certain safety-related grants are the Federal Aviation Administration’s (other than the Mass Transit Ac- to be used by the States. These unau- operating budget that would be coming count)’’ on page 31, lines 19 through the thorized earmarks reduce both the from the Aviation Trust Fund, chang- word ‘‘account’’ on line 21. This section amount of funding available to the ing the amount that comes from the appropriates $47 million from the High- States and the States’ discretion in the Aviation Trust Fund from $6 billion to way Trust Fund for the border enforce- use of these funds. I object to these $4.043 billion. The remainder, however, ment program. There is no current au- earmarks on the grounds that they are would remain appropriated, but from thorization of a border enforcement unauthorized, in violation of rule XXI. general revenue. program. This language clearly con- The CHAIRMAN. Is there any Mem- The amended figure is the amount stitutes an unauthorized appropriation ber wishing to be heard on this point of that would be allowed under the cur- in violation of clause 2 of rule XXI of order? rent aviation authorization if it were

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.061 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7869 to be extended until fiscal year 2004. These are private sector. This is not What we are asking for is a pittance The amount originally under the bill, public. These are private sector entre- compared to what the losses have been. the $6 billion, was the amount proposed preneurs, businessmen and -women who Originally I think the amendment was by the administration in the Presi- have invested their dollars in the oper- $15 million. It is now $8.2 million. dent’s budget. ations of these general aviation air- I do want to indicate that these air- The effect is that the funding in the ports. In fact, the only airports in the ports I think are three small ones, in bill for this purpose will remain the country that are closed or severely re- Maryland, perhaps Virginia, and there same. It will remain $6 billion of over- stricted to incoming and outgoing gen- is, of course, the larger one here in the all funding. It is just that the source eral aviation are Reagan National Air- District. They said whatever regula- will be slightly over $4 billion from the port and the three D.C. general avia- tions, in fact, that we come forward Aviation Trust Fund and slightly tion airports. with they will meet. Instead they have under $2 billion in general revenue I might say that I offer this amend- been closed. At the very least what we fund. ment on behalf of the gentleman from have got here is close to a taking. We The Committee on Transportation Virginia (Mr. TOM DAVIS) and others ought to compensate them somewhat and Infrastructure had raised an objec- and the gentleman from Virginia (Mr. for what they have done. We com- tion to the higher Aviation Trust Fund TOM DAVIS) is here. He can speak for pensated all the other airlines. There is figure. They had suggested a potential himself. As a result, these small air- no other commercial aviation in the point of order might lie against it as an ports, specifically College Park Air- United States, indeed in the world, unauthorized appropriation. So we port, Potomac Airfield, Washington that is closed today except in this re- worked this out with the authorizers, Executive, and National, National is gion. We ask for forbearance and for some and I know of no objection to it. not on the brink of financial collapse, compensation. That is all it would be, This does not add funding to the bill. obviously, because it is associated with some compensation. This does not take funding from the a large public airport. The other three Mr. HOYER. Mr. Chairman, I thank bill. It only changes the mix of general airports, however, are not in that situ- the gentlewoman for her work and her fund and trust fund dollars used to fi- ation. They survive or fail solely on cosponsorship of this amendment and nance the FAA. the revenues from their general avia- her comments. I ask for adoption of the amendment. tion, and they are in dire straits. These Mr. TOM DAVIS of Virginia. Mr. The CHAIRMAN. Is there any Mem- airports have been forced to nearly Chairman, will the gentleman yield? ber seeking time in opposition to the cease their operations, effectively en- Mr. HOYER. I yield to the gentleman amendment? dangering the livelihood of their em- from Virginia. If not, the question is on the amend- ployees who have lost income and jobs Mr. TOM DAVIS of Virginia. Mr. ment offered by the gentleman from and airport owners who have lost long- Chairman, I appreciate my friend from Oklahoma (Mr. ISTOOK). time customers and almost all of their Maryland for taking leadership on this, The amendment was agreed to. revenue. and my colleague from the District. I The CHAIRMAN. Are there further There is no doubt that we must stem have asked the chairman of the sub- amendments? the tide of economic decline for general committee, I know he is interested in AMENDMENT NO. 10 OFFERED BY MR. HOYER aviation. This industry is a proven in- this as well. Mr. HOYER. Mr. Chairman, I offer an tegral part of the Nation’s economy, This is something that 9/11 shut these amendment. providing vital service and economic airports down. They are actually very, The CHAIRMAN. The Clerk will des- stability to individual families, very important to the Nation’s secu- ignate the amendment. churches, hospitals, colleges, industry, rity here in terms of ingress and The text of the amendment is as fol- small businesses and communities. egress, and we have, I think, a national lows: Aviation transportation in Maryland interest in preserving these. As was Amendment No. 10 offered by Mr. HOYER: is a $1.3 billion industry. My amend- stated before, it is just a pittance, but Page 2, line 8, after the first dollar amount ment is, therefore, very simple. It will it is important to keep them economi- insert the following: ‘‘(increased by reimburse these general aviation air- cally viable. $8,268,000)’’. ports for the security costs incurred Let me ask the chairman of the com- Page 5, line 21, after the dollar amount in- and revenue foregone because of gov- mittee can he work with us to make sert the following: ‘‘(reduced by $8,268,000)’’. ernment restriction. sure that in conference this money is Mr. HOYER. Mr. Chairman, the effect Let me say, I have had discussions included if he is not comfortable with of this amendment will be to transfer with Sean O’Keefe, who is now the ad- where this money is coming from at $8.2 million from the construction fund ministrator of NASA, but who was the this point. for the transportation building which deputy administrator of OMB. He be- b 1430 we have cleared cannot be spent this lieves this is fair. Secretary Mineta Mr. ISTOOK. Mr. Chairman, will the year in 2004. It will be spent in 2006, and testified before our subcommittee that gentleman yield? we did not want to damage that build- this was their proposal that this be Mr. HOYER. I yield to the gentleman ing because we are very strong sup- done, and there is legislation pending from Oklahoma. porters of that building, and put $8.26 to accomplish that, but obviously it Mr. ISTOOK. Mr. Chairman, I very million for the general aviation air- needs an appropriation. much appreciate the comments of each ports into the Washington metropoli- Mr. Chairman, I want to yield to the of the gentlemen. As I believe everyone tan area. I would like to speak about it gentlewoman from the District of Co- is aware, originally my mark as chair- and then have a little discussion with lumbia (Ms. NORTON) who represents man included funds for this purpose the chairman and then perhaps take the District of Columbia and National when it came out of the subcommittee. some action and we can work on this Airport. Unfortunately, when other extremely later. Ms. NORTON. Mr. Chairman, will the large demands were imposed upon the In the aftermath, Mr. Chairman, of gentleman yield? bill, including demand for Amtrak and the September 11 terrorist attacks, the Mr. HOYER. I yield to the gentle- other things, this and many other Federal Aviation Administration woman from the District of Columbia. worthwhile things had to be dropped issued temporary flight restrictions on Ms. NORTON. Mr. Chairman, I sim- out of the bill in full committee in that the small aircraft of general aviation ply want to thank the gentleman for process. Nevertheless, the underlying as part of its efforts to make commer- the leadership he has given to this equities, I think, are very much as the cial air travel safer. Unfortunately, issue to mitigate some of the almost gentleman has stated. while those restrictions were lifted for total losses of the airports in this dis- The CHAIRMAN. The time of the general aviation in the entire rest of trict which handle charter flights and gentleman from Maryland (Mr. HOYER) the country, small airports in the commercial flights. This is the Na- has expired. Washington metropolitan area have tion’s Capital. One can imagine a (By unanimous consent, Mr. HOYER continued to languish under binding re- major business destination without was allowed to proceed for 3 additional strictions of their operations. any charter flights for almost 2 years. minutes.)

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.074 H04PT1 H7870 CONGRESSIONAL RECORD — HOUSE September 4, 2003 Mr. HOYER. Mr. Chairman, I con- The CHAIRMAN. Is there objection provision in the Aviation Reauthoriza- tinue to yield to the chairman of the to the request of the gentleman from tion Act that authorizes funds to help subcommittee Maryland? general aviation activities that have Mr. ISTOOK. I thank the gentleman, There was no objection. been hurt by these security restric- Mr. Chairman. Mr. MORAN of Virginia. Mr. Chair- tions. With the adoption of the Hoyer As I was mentioning, this and many man, I move to strike the last word. amendment, we would be able to fulfill other meritorious things, unfortu- Mr. Chairman, I rise in support of the legislation’s intent and actually nately, had to be dropped out in full this amendment offered by my good provide some very needed relief to committee not because they lacked friend, the gentleman from Maryland, those businesses that are suffering merit but simply because of the fund- as well as the gentleman from Virginia through no fault of their own. ing restrictions. (Mr. TOM DAVIS), the gentleman from This is a Federal responsibility. We As I have certainly told the gen- Virginia (Mr. WOLF); and I know sev- really ought to fund the Hoyer amend- tleman from Maryland, the gentleman eral of the Senators in this area are ment. We ought to get these businesses from Virginia, and the gentlewoman supporting this as well. This is terribly back on their feet. They have a right to from the District of Columbia, I remain important to our economy in the Wash- recover from 9–11 too. committed to addressing this. I believe ington region, but also to the Nation’s Mr. HOYER. Mr. Chairman, will the the equities are there. Frankly, I be- economy. gentleman yield? lieve the government is open to an in- We have pretty much recovered on Mr. MORAN of Virginia. I yield to verse condemnation litigation that the surface of things from 9–11, at least the gentleman from Maryland. Mr. HOYER. Mr. Chairman, I just would cost us even more. So it is some- we have rebuilt the Pentagon, we are want to thank the gentleman for his now functioning as well as we can at thing I do hope we can accomplish in leadership in this effort as well. He and National Airport in terms of commer- the conference process with the Senate. I have worked very closely on this cial jets and we are responding to na- I stated that previously, and origi- issue and he has been very focused on nally had that intent and put that in tional and international challenges. National and the other three airports. my original chairman’s mark. So while But general aviation is in the same sit- It is certainly ironic that we are I remain committed to that objective, uation it was when it was closed as a making efforts, I think appropriate ef- it is just that we had to balance this result of the tragedy of September 11, forts, to fund infrastructure in Iraq; with the overall figures in the ultimate 2001. This is unfair. It is wrong. We but we cannot compensate business House-Senate conference. But I most have to do something about it. people who were damaged by 9–11 and definitely am committed to working Outside the infrequent use of official who are almost driven out of business with my colleagues towards the same government planes, general aviation at a very, as the chairman said, at a goal. operations at National Airport are pro- relatively nominal sum. So I hope with Mr. HOYER. Reclaiming my time, hibited. There were more than 60,000 the chairman’s leadership we will be Mr. Chairman, I thank the chairman business aviation flights a year at Na- able to do this in conference. for his comments and would remind my tional Airport. It was not the kind of Mr. MORAN of Virginia. Mr. Chair- colleagues that we have given billions mom and pop Cessnas and Piper Cubs man, reclaiming my time, I thank the of dollars to the airlines, these are bil- that were bringing visitors to Wash- gentleman very much and would add lion dollar corporations, as a result of ington to tour the Capitol and the mu- one last word. This is not a security 9–11. These three little airports, plus seums; it was business executives, top threat. We know everybody that is on National Airport, are the only private government officials, and CEOs who these planes, and they are the last peo- business people so situated in the air- need their own aircraft and need the ef- ple that would engage in any kind of line industry who have not received ficiency of an airport close to the city terrorism. It is a much safer passenger compensation. And they, unlike the to do their business. list, I have to say, than the normal airlines per se, are losing their entire This is hurting Washington’s econ- population that gets on a commercial investments because of their inability omy, and it is devastating a company airline flight. We don’t really know to operate these airlines. like Signature Flight Support, which is much about them except what they I appreciate the chairman’s observa- the sole provider of general aviation might be carrying in their shoes or tions with respect to the equities of the services at National Airport. They something. claim here. I also appreciate the obser- were generating revenues of $20 million This is not a security issue; it is an vation of the chairman and the gentle- a year. They had hundreds of employ- economic issue and an issue of fairness. woman from the District of Columbia ees. Those people are out of a job. Sig- General aviation needs to be opened. that we may be subject to a lawsuit nature Flight Support has lost about $3 AMENDMENT OFFERED BY MR. PETRI which we would lose because this is in million, $1 million a year, and it is Mr. PETRI. Mr. Chairman, I offer an fact an effective taking of their prop- hemorrhaging money every single day. amendment. erty without due process. None of these Under the terms of its lease, it is re- The Clerk read as follows: folks want to damage the security of quired to staff and operate National Amendment Offered by Mr. PETRI: this region or the White House or the Airport 24 hours a day, 7 days a week Strike section 114 of the bill and redesig- nate subsequent sections of the bill accord- Capitol. They understand our concern. regardless of whether there is any de- ingly. But we certainly need to compensate mand for its services. For 8 months, Mr. PETRI. Mr. Chairman, I am them. the Department of Transportation joined by the gentleman from Massa- In light of the fact the chairman has worked with them. They said that they chusetts (Mr. OLVER) and several other indicated his willingness to work with were going to be able to open the air- Members in offering an amendment us to try to ensure the funding, I be- port, and it encouraged Signature to that would strike section 114 of the lieve $8.2 million which we have in here stay in business. But then on July 19 of bill. is the approximate amount for Na- 2002, Secretary Mineta informed air- This provision, as described in the tional, a larger sum, and then a much port officials that general aviation committee report, ‘‘discontinues the smaller sum for the other three; and I would remain closed indefinitely for se- mandatory 10 percent set-aside from believe that the sum from which we curity reasons. They have lost too the surface transportation program for have taken it will not in any way ad- much money. They have had to lay off the transportation enhancement pro- versely affect the Transportation De- too many people, and it is not fair to gram.’’ partment’s building going forward be- expect them to maintain Federal Gov- Mr. Chairman, this is wrong on many cause of the scheduling of those ex- ernment planes when that is not their levels, and the provision should be penditures; but because the chairman job. Their job is to service all of gen- stricken from the bill. Over the last 12 has made that representation, I will eral aviation, and we shouldn’t be pre- years, enhancements have become an withdraw the amendment. venting them from doing their job. appreciated and important part of our Mr. Chairman, I ask unanimous con- This has not gone unnoticed by the transportation program. Though indi- sent to withdraw the amendment at House, and I want to thank those on vidual projects are not costly, enhance- this time. the authorizing committee. There is a ments nevertheless pack a big punch in

VerDate jul 14 2003 05:35 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.101 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7871 terms of promoting economic growth what we are talking about here. We are mandment. That is what the amend- and tourism. They fund bike paths that talking about money that comes from ment is about. The bill gives them a are enjoyed by families on a Saturday the fuel taxes. When we drive a car or choice. The amendment says States do morning. They complete street-scape we drive a truck, we pay a fuel tax. not have a say, they must take the projects that revitalize the neighbor- Where does that money go? Right now, money paid by drivers and put it into hood. They improve our quality of life for every $6 in fuel taxes paid, $1 never things that do not move as many peo- and have become important to commu- even goes back to highways because it ple and do not move the goods and do nities across our country. All of them goes to mass transit funding. not relieve the congestion and do not have a transportation-related purpose. That is one of the reasons that we improve safety. They are definitely It has been said that we need to give have a $400 billion backlog in road nice things to have, but when we have State transportation departments the needs in this country. That is one of limited money, we have to make tough flexibility to decide how to spend their the reasons we have tens of thousands decisions. We are tying to make the money. Well, the American Association of unsafe bridges. It is one of the rea- tough decisions. of State Highway and Transportation sons we have tens of thousands of miles I hope that every Member that Officials, which is known by the phrase of roads that need improvement, that thinks they have roads that are impor- AASHTO, support the amendment. need to be safer, that need wider shoul- tant in their community will remem- They have come to value the contribu- ders or better dividing. It is one of the ber whether they voted to say our com- tions of this program. reasons we lose billions of dollars each munities should be able to address In reference to diversions, I would year in productivity because we do not those needs, or Washington is dictating like to point out that nonhighway rec- necessarily pick our priorities right. and saying they have no say in the reational users contribute, according It is not a question of whether it is matter, States are compelled to take 10 to the estimate of the Treasury De- nice and whether people say, yes, we percent of their surface transportation partment and the Transportation De- would like to have a program to build dollars and take them away from the partment, up to $268 million a year in more bike trails and pedestrian ways, people who paid at the pump for roads. gas taxes to the highway trust fund. I and what has not been mentioned is And do not tell me we need to adjust trust that in the last several decades that this money also goes for things fuel taxes upward if we are not using recreational users still have contrib- like transportation museums and so the money rightly that we get right uted more than they have received forth. Of course people want that now. If we are not using the money for since we created this program. money. But if we ask them what is the intended purpose, if we are not It has been said that we need to more important to them, is it more im- honoring a trust fund principle and eliminate the enhancements program portant to have the enhancements or using user fees properly, for goodness because we are billions short for cov- to take care of the basics, this bill says sake, do not be asking to raise the fuel ering our basic highway and bridge that rather than having to take 10 per- tax. There is some money paid by rec- needs. I am glad there is recognition of cent, as the current standard requires, reational people. We have $50 million the need to invest in our transpor- 10 percent of the surface transportation in an off-road fund already to pay for tation systems, but I daresay that dollars and put them into the transpor- trails. We have millions more in other eliminating this $600 million program tation enhancements, the pedestrian provisions in this bill to pay for rails- is not the answer to our funding needs. ways, the bike ways, the museums, to-trails, to pay for pedestrian ways, to Finally, Members should be aware that they must, they must do it right now, pay for bikeways. We have some of the President’s reauthorization pro- we say let them have a choice. Let those projects in this bill. There are posal, which was just recently sub- them work on improving safety first, if some with merit; but we should not be mitted, continues to dedicate funding they say that is the highest priority. dictating to the States what they do for 10 enhancement programs. For goodness sake, put the money with the money their taxpayers pay, While this amendment should pass on where the priority is the highest. Not and it is coming back to them with a the merits of the program alone, I just because people say, sure, I like mandate to divert it. I ask for the de- must also say that it is wrong to use this program, but is it the most impor- feat of the amendment. the appropriations process to, in es- tant thing in a Nation with a $400 bil- Mr. BOEHLERT. Mr. Chairman, I sence, rewrite the transportation pro- lion backlog because the highway trust move to strike the last word. gram and allow funds now dedicated for fund has been decreasing. Mr. Chairman, as a member of the enhancements to be used for other pur- Every year this program is taking Committee on Transportation and In- poses. This is more appropriately the $600 million paid for by drivers and put- frastructure and the conference com- function of the authorizing committee. ting it into everything but roads mittee for both ISTEA and TEA–21, I In short, Mr. Chairman, State De- through this transportation enhance- was totally immersed in developing the partments of Transportation through ment program. transportation enhancements program their organizations support this and ensuring its long-term viability. amendment; counties support the b 1445 As authorizers, we were very specific amendment; cities support this amend- Let the States have a choice. Let about the 10 percent mandatory set- ment; environmental groups support them decide for themselves where their aside and feel that section 114 of the the amendment; AARP supports it; priorities are highest. I ask Members, fiscal year 2004 Transportation, Treas- bike, architects, conservation and his- they come to me and they say they ury and Independent Agencies Appro- toric conservation groups support it. need funding for a road. If Members priations Act changes the laws that Recreation and travel groups support vote that they do not think roads are this House created. This constitutes a it. Even various health groups and the their highest priority, do not ask for major legislative change in the high- Paralyzed Veterans of America have money for roads if Members want to di- way bill and is without question the expressed support. And the list goes on. vert that money. wrong way to go. It is not a State’s rights issue. The This provision is about options, let- The transportation enhancement pro- States have spoken. They want to re- ting people make priority decisions. gram accounts for a mere 2 percent of tain dedicated funding for transpor- We should not try to dictate to the the overall funding of the highway pro- tation enhancements. States from Washington, D.C. that gram. Many people do not realize this Mr. Chairman, let us follow the lead they cannot spend the money that because while the funding amount may of our President and continue dedi- drivers pay to relieve the congestion be small, the benefits local commu- cated funding for transportation en- drivers are experiencing, and they have nities receive make a tremendous im- hancements by passing this amend- to spend it on other things. We should pact on the character and vitality of ment. not be doing that. towns and villages across America. Mr. ISTOOK. Mr. Chairman, I move We have spent billions of dollars al- Transportation enhancements have to strike the last word. ready that our roads needed that were improved the health and environment Mr. Chairman, I think it is important mandated for these things. It is time to as well as the economic well-being of that we understand more correctly give communities a choice, not a com- our communities by funding more than

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.057 H04PT1 H7872 CONGRESSIONAL RECORD — HOUSE September 4, 2003 17,000 projects. These projects have tation and Infrastructure or the Com- Kansas, Mountain Bay Trail in Wis- ranged from restoring streetscapes on mittee on Appropriations. This is truly consin, Riverfront Trail in Georgia, the local main streets to preserving land- a bipartisan amendment. Salk Trail in Illinois, the Toledo Wa- mark roads and bridges to revitalizing I urge my colleagues to support this terfront Redevelopment in Ohio, the old transportation facilities. amendment to strike section 114 to pre- Anacostia Riverwalk in the District of Transportation enhancements create serve the enhancement program as it Columbia, and the list goes on and on. an environment where cyclists and pe- has been authorized and in law for the They include projects that have major destrians can safely coexist with mo- last 12 years. social and economic benefits and pro- torists while also improving the land- Make no mistake, a vote against this vide jobs, like the Union Station reha- scape of a community. Nationwide amendment would cripple the ex- bilitation project in Meridian, Mis- communities have enhancement tremely popular enhancement pro- sissippi, funded by enhancements that projects that they are very proud of. gram. The transportation enhancement spurred $10 million of private invest- Whether a trail or a bike lane or a program created in 1991 in the ISTEA ment in the Depot District, and the streetscape enhancement or a pedes- bill was designed to help communities Kentucky Cabinet for Economic Devel- trian bridge, these small projects are expand transportation choices. En- opment has estimated that the River oftentimes how a community identifies hancement funds are used to create al- Heritage Museum, funded by enhance- itself and takes great pride in these ternative means of transportation such ments, will bring in $20 million to the projects with tourists and visitors, and as bicycle trails and pedestrian walk- Paducah area over 5 years. that produces economic vitality. These ways which are directly associated We should continue more than a dec- projects also help to decrease conges- with roadways. Enhancements also in- ade of success and bipartisan support tion and improve the quality of the air clude the renovation of streetscapes, for this very popular enhancement pro- we breathe, further adding to the qual- scenic roads, beautifications, and pres- gram. If Members support the enhance- ity of our life. ervation and investment in the reuse of ment program and believe in a bal- I could go on and on listing various historic transportation infrastructure anced transportation bill, they will groups that support transportation en- that creates both jobs and community vote for the Petri amendment that so hancements and benefit from them. amenities. many other names have been associ- They range from mayors and Gov- Congress in both ISTEA and the ated with, including my own, and I ernors and park directors to hikers and TEA–21 bill, and now the administra- urge an aye vote on the amendment. bikers and farmers. My own State De- tion in its transportation reauthoriza- Mr. LEWIS of Kentucky. Mr. Chair- partment of Transportation has re- tion proposal, determined that a small man, I move to strike the requisite quested us to make the set aside man- portion, about 2 percent of our $30-plus number of words. datory because of the tremendous bene- billion every year that goes into the Mr. Chairman, I rise today to voice fits derived from the program. To ap- highway program, should be used for my support for the Petri-Olver amend- preciate the value of the transpor- these kinds of projects. From 1998 to ment. I support this amendment be- tation enhancements program, one 2003, a total of $4 billion was provided cause nearly every community in the needs only to imagine the pathways to the States for these enhancements, Second Congressional District of Ken- teaming with strollers and of which almost $3 billion had been ob- tucky has benefited from enhancement rollerbladers and people biking to ligated by the middle of this year. program funding. work. Picture the historic transpor- But there is a more telling statistic: During the August recess, I spoke tation structures that have breathed From 1971 to 1991, the 20 years before with people who know the importance life and vitality into declining down- there was an authorized and over- of this funding. Everything from town areas. whelmingly voted and agreed to set- streetscaping to structural rehabilita- Mr. Chairman, I included for the aside for enhancements, only $40 mil- tion to historic preservation has been RECORD the remainder of my state- lion was spent nationwide on bike and helped due to the availability of these ment, and urge strong support of the pedestrian paths, by far the largest funds. By keeping the mandatory 10 Petri-Olver enhancement amendment. component of the enhancement pro- percent set-aside, Kentuckians will see The enhancement program has encouraged gram. Yet under the authorized ISTEA an enhanced quality of life and our Na- communities to come together and craft a vi- and TEA–21 legislation, in those 12 tion’s heritage will stay alive for this sion for revitalizing their downtown areas, for years from 1991 until now, over $2.2 bil- and future generations. constructing networks of pathways along lion out of a total of almost $300 billion Mr. RAHALL. Mr. Chairman, I move creeks and rivers, and for preserving the for highway programs, only that small to strike the requisite number of transportation history of this country. amount has actually been allocated words. This process builds support from a broad and directed in this manner for such Mr. Chairman, I rise in support of the swath of interests, including elected officials, bike and pedestrian paths. This oc- amendment. The issue at hand is rel- business owners, walkers, bicyclists, fans of curred largely because of the guaran- atively simple. The transportation en- historic preservation and neighbors. The En- teed funding designated for enhance- hancement program is about our com- hancement program serves as a catalyst, ments over those two authorization munities and the enhancement and the leveraging more local investment, as one bills which, as I point out again, have empowerment of localities. project builds support for the next. Our invest- been voted for, established by the Con- As a Member who has served on the ment in the Transportation Enhancement pro- gress and voted for by overwhelming Committee on Transportation and In- gram is modest, but the rewards are immeas- numbers. frastructure for going on 27 years now, urable. I urge strong support of the Petri/Olver Without the guaranteed authorized and a former chairman as well as rank- amendment. set-aside, the program will perish. The ing member of the Subcommittee on Mr. OLVER. Mr. Chairman, I move to fact is Congress has set-asides for Highways, I can recall that this was strike the requisite number of words. many transportation activities. We somewhat of a radical proposal when Mr. Chairman, let me start by com- have them for safety, for interstate we adopted it back in 1991. mending the gentleman from Wis- maintenance, for bridges and many Prior to that, Federal highway legis- consin (Mr. PETRI) for his leadership in other areas. These enhancements lation was largely viewed as the bas- presenting this amendment. I want to should be no different. tion of the States, highway contrac- point out and remind Members that Enhancements are popular and a tors, asphalt, cement and steel manu- this amendment has been cosponsored needed component of a balanced trans- facturers. The enhancement program by a bipartisan group from both sides portation policy. Hundreds of Members transcended those interests and of the aisle, including myself on the in this body requested money for en- brought a relatively small portion of a Committee on Appropriations, several hancements, and a good many of those State’s annual Federal highway appor- members from the Committee on projects are included in this very bill. tionment directly to local commu- Transportation and Infrastructure, and In fact, the list includes such things as nities for local community projects. As several Members who have no connec- a Hot Springs Bike Trail in Arkansas, I have said, a somewhat radical pro- tion with the Committee on Transpor- Independence Biking Road Access in posal perhaps in 1991, but certainly not

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.058 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7873 today, which is why after this program There are national surveys that indi- program and make sure that our com- has worked so well over these past 12 cate, in fact, over half the American munities are more livable and make years, it is odd that it is suddenly public would put more money into bike our families safe, healthy, and more under attack. and pedestrian activities even if it economically secure. Every Member of this body has a meant less money for roads. The fact Mr. MORAN of Virginia. Mr. Chair- community where the lifestyle of its is, under the bill that has been offered man, I move to strike the requisite people have been enhanced by this pro- up, we do not have this either/or situa- number of words. gram, where people have been drawn tion. All we have to do in striking sec- Mr. Chairman, I also rise in very closer together and the old-fashioned tion 114 is maintain the status quo and strong support of this amendment. The American values are again flourishing the integrity of the enhancements pro- interstate highway system was estab- as a result of enhancement projects. gram. This is the single most popular lished in the 1950s, and it has served In Princeton, West Virginia, for ex- Federal aid highway program for the this country very well. The Congress is ample, the community is being revital- Federal Government. very proud of what it has done. But ized, partly as a result of a railroad As chair of the Bikes Caucus, I can transportation has evolved. We have museum partially funded under this tell my colleagues that the bicycle in- other responsibilities. We need to be program. In Milton, West Virginia, a terests are a vital part of each and concerned about the traffic congestion historic covered bridge, cherished by every one of your communities. There that we are generating, the deterio- rating air quality, the loss of open the community, was rehabilitated are over 50 million American bicycle space, and, as some other of our col- under this program. And throughout customers that have 100 million bikes. leagues have said, an obesity epidemic the State, rails-to-trails, bike and pe- These have 80 million people employed among our youth. This Enhancement destrian facilities, safety projects, and in this industry in every one of our dis- Program is one of the most popular as- scenic beautification initiatives are en- tricts. They epitomize small town, pects of our entire transportation pro- small business ownership. hancing the quality of life. gram, because it encourages commu- But it speaks also to pedestrians, to b 1500 nities and individuals to be creative, to handicapped. I am not at all dismissive take initiative, to convert old, aban- I am sure as we have already heard of issues of parks and museums and doned rail lines to trails. that all Members of this body have historic preservation. Each Member similar projects in their districts, Rails to Trails is exciting. It has has received an outstanding memo- given people other opportunities when projects that serve local communities, randum from the National Trust for provide for families and children and they might spend much of their week- Historic Preservation that points out end in an automobile to go bicycling, which deliver so much in the way of that this is the single largest area for benefits for relatively small cost. jogging, walking along trails. It has funding historic preservation-related done so much across the country. And I say let us stay the course. Vote for activities. It has been invaluable in the Petri-Olver amendment. If changes it is transportation oriented. But most mitigating the damage that transpor- importantly, it is community oriented. are really needed to be made in this tation projects can do to historic program, let us consider them in the That is key. That is really what this is places. about. Communities have an oppor- normal legislative process as part of Since I have been in Congress, I have tunity to have some input into how the the TEA–21 reauthorization rather been privileged to visit over 100 com- billions of dollars in road projects are than going through the back door ap- munities dealing with issues of things used, to enhance their quality of life. proach taken by the pending legisla- that make those communities more At one point, 90 percent of our Na- tion. livable. Every place we go, people focus tion’s schoolchildren walked to school. So I urge support of the pending in on the programs that deal with the Today, less than 10 percent do. Many amendment. enhancements program. have to take buses or rely on their Mr. BLUMENAUER. Mr. Chairman, I It would be a tragedy at a time when families or friends to drive, primarily move to strike the requisite number of the media is filled with reports of the because there are no sidewalks or safe words. obesity epidemic among our children, ways to get to school. Building side- Mr. Chairman, I find no small when we have an energy crisis, when walks is one of the many eligible ac- amount of irony. Yesterday, we were we found just last week medical studies tivities for this Transportation En- celebrating the accomplishments of that talked about communities that hancement Program. If we take away that great American Lance Armstrong have the facilities that the enhance- this component, we are going to weak- for his prodigious bicycle accomplish- ment program gives are six pounds on en the ability of local communities and ments, and today we are moving to gut average lighter and have lower blood neighborhoods to address their prior- the enhancements program that ex- pressure, that this Congress in its first ities. I also think that we are going to tends the benefits of cycling to mil- full day back after Labor Day would lose an awful lot of important opportu- lions of Americans. vote to cut it. nities to beautify our transportation I heard the distinguished chairman of This last few days there has been a corridors, rehabilitate train stations the subcommittee speak to a couple of marvelous coalition quietly moving on and other transportation assets, pro- points. One, he talked about choice in Capitol Hill. Sadly, I think they have vide safe wildlife crossings, and protect transportation. Well, the fact is today, been almost too quiet because they our historic, our scenic, our natural re- under the enhancement programs, represent millions of Americans who sources. We can do this all for about 11⁄2 there is choice that is available. States care about historic preservation, who cents per surface transportation dollar. have the opportunity of flexing money care about fitness, who care about the It is important. It is a critical element in and out of the enhancements pro- revitalization of central cities, retro- of a transportation program that is gram if that is their priority. fitting sprawling suburbs, helping our also concerned about congestion, air The fact is that this is a priority for children get to school safely, fighting quality, loss of open space. people if they have the focus of an en- the obesity epidemic. Just one last thing. Many Members hancement program. The gentleman They have visited every office, pro- live in northern Virginia, Alexandria talked about safety. There is less than vided critical information about how and Arlington, for example. If we pro- 1 percent of the money spent on 7 per- the enhancements funding has made a vided highways to accommodate every- cent of the trips that are cycling and difference in every State of the Union. body that wants to drive from outside pedestrian, and they account for 13 per- This enhancements program was the Beltway to the inner city of D.C., it cent of the fatalities. born under a Republican administra- would be all asphalt. There would not If the gentleman was concerned tion and a Democratic caucus. It has be any neighborhoods. There would be about safety, I would suggest that enjoyed broad bipartisan support ever no grass. What we have to do is to find maybe we would increase the funding since. ways for public transportation to re- in these enhancement programs. These I strongly urge my colleagues to sup- lieve our highways to give people an in- are programs where people have indi- port the Petri-Olver amendment to re- centive to ride a bicycle, to find what- cated they want choices. tain the integrity of the enhancements ever way they can get to work in a way

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.059 H04PT1 H7874 CONGRESSIONAL RECORD — HOUSE September 4, 2003 that is healthy, that reduces the whole issue of obesity. There has been cling is highly valued by mid-life and older amount of congestion, and that en- more written about obesity in the last persons. In a recent AARP survey, 58 percent hances our quality of life and the 6 months or so or last year. If we really of persons age 45 and older rated having strength of our communities. This pro- want Americans to be fit and healthy walking or bike trails nearby to be an impor- tant community characteristic. Sidewalks gram does all that. That is why the and get in good shape, the way to do it and paths designed for safe walking can help Petri-Olver amendment should pass. It is to allow for the enhancement pro- address the disproportionate safety risk ex- has many other sponsors, the gen- gram that has worked so well, that al- perienced by older pedestrians. In 2001, per- tleman from Oregon (Mr. BLUMENAUER) lows people to get outdoors, to ride sons age 70 and older were nine percent of has done a great job on this. It is bipar- their bikes, to jog, to walk. What bet- the population, but accounted for 18 percent tisan. It is important. Let us make ter way to bring people in a commu- of all pedestrian fatalities. sure it continues as part of our trans- nity together. This program has been a AARP also seeks to encourage older Amer- portation program. marvelous program. We should not icans to be physically active because of the many health benefits exercise promotes, in- Mr. LAHOOD. Mr. Chairman, I move change it. It is a program that works. cluding helping to maintain independence in to strike the requisite number of It is not broke. I encourage Members to later years. Research has shown that persons words. support the amendment and continue living in communities with sidewalks are 28 (Mr. LAHOOD asked and was given the fine program we have had. percent more likely to be engaged in regular permission to revise and extend his re- Mr. PETRI. Mr. Chairman, I submit physical activity than those in communities marks.) for the RECORD letters in support of the without sidewalks. Mr. LAHOOD. Mr. Chairman, I am a amendment from the American Asso- We appreciate that the Subcommittee on member of the Committee on Appro- ciation of State Highway and Trans- Transportation, Treasury and Independent priations, and I think I am one of two portation Officials; the American Asso- Agencies allocation for FY 2004 will require members on our side who voted to sup- ciation of Retired People; the National many difficult funding decisions. Nonethe- less, we respectfully urge you to restore the port this effort to restore this program Association of Counties, the National the way that it has existed for several 10 percent set aside from the Surface Trans- League of Cities, the U.S. Conference of portation Program to fund Transportation years. I know it is probably not fash- Mayors; and the Transportation En- Enhancements. ionable for me to be up here talking in hancements Coalition. If you have any questions, please feel free favor of this amendment, but I feel AMERICAN ASSOCIATION OF STATE to contact me or have your staff call Tim strongly about it. I am a jogger. I have HIGHWAY AND TRANSPORTATION Gearan of our Federal Affairs staff at 202– been a jogger for almost 30 years. I OFFICIALS, 434–3800. have taken full advantage of the Rails Washington, DC, September 3, 2003. Sincerely, to Trails Program that exists in my DEAR CONGRESSMAN: I am writing on behalf MICHAEL W. NAYLOR, congressional district and other parts of the American Association of State High- Director of Advocacy. of Illinois. I think it is a marvelous way and Transportation Officials (AASHTO) to urge your support for an amendment program. We have promoted around NATIONAL ASSOCIATION OF COUN- sponsored by Congressmen Thomas Petri and TIES, NATIONAL LEAGUE OF CITIES, here a new caucus that has been John Olver to strike language in H.R. 2989, U.S. CONFERENCE OF MAYORS, formed by the Members to get Members the FY 2004 Transportation, Treasury, and September 3, 2003. to exercise more, to get Members to Independent Agencies Appropriations bill, DEAR REPRESENTATIVE: On behalf of the stay in shape. Part of the way that that eliminates funding specifically dedi- nation’s local elected officials, we urge you some of us do it is disembark from the cated for transportation enhancements. The to support Representative Petri’s amend- Rayburn Building and jog down the Petri-Olver amendment would strike Section ment to fully restore dedicated funding for Mall. It is not really a Rails to Trails, 114 from the bill, restoring the Transpor- the Transportation Enhancements (TE) pro- tation Enhancements (TE) Program set-aside gram, during consideration of the FY2004 but it is a marvelous place to jog. first established in 1991 in the Intermodal You see people jogging all over this Transportation and Treasury appropriations Surface Transportation Efficiency Act bill. part of the country. You see people jog- (ISTEA). The Transportation Enhancements pro- ging along the parkway from Old Town The TE Program is one of the most popular gram has been very important to local gov- all the way down to where George of the federal transportation programs with ernments by allowing them to undertake al- Washington once lived. These are Rails over 17,000 projects in communities located ternatives beyond the traditional highway to Trails. These are opportunities for in almost every congressional district across construction projects. Over 17,000 local people that would not have existed the country. Projects ranging from pedes- transportation projects have been initiated trian, bike and trail facilities to historic without this program. The last thing I as part of the TE program, and the results bridges and rehabilitated train stations have have been significant, both in terms of in- want to do is to turn this program over significantly contributed to the quality of to the Governor of my State. Every creased mobility and the economic develop- life in these communities. AASHTO, which ment generated by the construction of these State in the country has a deficit. I represents transportation agencies in the facilities. TE projects have contributed to guarantee you what these Governors fifty States, the District of Columbia and decreased congestion and improvements in will do is not turn this money into Puerto Rico, supports continuation of this air quality in our nation’s cities and coun- Rails to Trails or other amenities or popular and worthy program. ties. Both ISTEA and TEA–21 were very spe- other enhancements. They will use it Sincerely yours, cific concerning the Transportation En- JAMES C. CODELL, III, hancements program set aside and local gov- to fund other things. President We have got a $5 billion debt in Illi- ernments have been pleased to carry out the nois. We have got a Governor who has intent of Congress concerning this program AARP, over the past 12 years. been in office now 6 months, a new Washington, DC, September 2, 2003. Thank you for your consideration in this Governor, who has not been able to fig- Hon. ERNEST ISTOOK, Jr., matter. ure out how to do that. But I guarantee Chairman, Subcommittee on Transportation, Sincerely, Treasury and Independent Agencies, Com- you that if you hand him a bag of LARRY NAAKE, money from the enhancements, from mittee on Appropriations, House of Rep- Executive Director. resentatives, Rayburn House Office Build- the Rails to Trails, he will find other DONALD J. BORUT, ing, Washington, DC. Executive Director. uses for it. As we are encouraging peo- DEAR MR. CHAIRMAN: We urge you to re- TOM COCHRAN, ple all over the country to exercise, to store the 10 percent set aside from the Sur- Executive Director. be fit, to eat right, to exercise and to face Transportation Program to fund Trans- do things that will continue to make portation Enhancements. Transportation en- TRANSPORTATION people healthy, there is no better way hancement projects help meet the mobility, health, and recreational needs of mid-life ENHANCEMENTS COALITION, to do it than to have this program. I Washington, DC, September 2, 2003. am encouraging Members to support and older persons. AARP supports the development of pedes- Re Thursday, September 4 Vote—H.R. 2989. this amendment. This is a good pro- trian and bicycle infrastructure as part of a DEAR MEMBER OF CONGRESS: On behalf of a gram. It is a program that works. It is balanced transportation system. Walking is broad partnership of national organizations, not broke. the most common mode of travel for older we are writing to urge your support for the I want to, too, mention what the gen- persons after the private vehicle. Commu- restoration of dedicated funding for Trans- tleman from Oregon talked about, the nity design that promotes walking and bicy- portation Enhancements (TE) during House

VerDate jul 14 2003 05:35 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.065 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7875 action on H.R. 2989, the FY04 transportation Executive Director, Bikes Belong Coa- enhancement projects play in our com- and treasury appropriations bill. Specifi- lition; Rich Stolz, Coordinator, Trans- munity. cally, Section 114 of the committee-passed portation Equity Network, Center for Unfortunately, there are some in this bill eliminates the funding set-aside for TE— Community Change; Jacky Grimshaw, Congress, in the State transportation a modest and very successful program estab- Vice President for Policy, Center for lished in the 1991 Federal surface transpor- Neighborhood Technology; Dr. Margo bureaucracies, and some of the trade tation law. We respectfully ask you to sup- Wootan, Director, Nutrition Policy, associations and lobby groups who port the bipartisan effort, led by Reps. Tom Center for Science in the Public Inter- think if it is not asphalt or buying Petri, John Olver and others, that would est; Daniel Swartz, Executive Director, something to put asphalt on it is mere- strike Section 114 and restore the Enhance- Children’s Environmental Health Net- ly a transportation frill. In central ments program when H.R. 2989 is considered work; Jim Campi, Policy and Commu- Texas, we certainly know that this is by the full House of Representatives. nications Director, Civil War Preserva- Established in ‘‘ISTEA’’ and reauthorized not true. Transportation enhancement tion Trust; projects are, as the very name sug- with minor adjustments in ‘‘TEA–21,’’ TE en- Robert Dewey, Vice President for Gov- sures that a small percentage of our Federal ernment Relations, Defenders of Wild- gests, designed to enhance economic gas tax dollars are reserved for small-scale, life; John Balbus, Director, Environ- development and to enhance the qual- community-initiated, locally selected trans- mental Health, Environmental De- ity of our lives. In our community, portation projects. TE is the largest source fense; David Hirsch, Director, Econom- they have done both of those despite of Federal funding for pedestrian, bicycle ics for the Earth Program, Friends of significant intransigence and disin- and trail facilities. The program also beau- the Earth; David M. Feehan, President, terest by the Texas Department of tifies our transportation corridors, rehabili- International Downtown Association; tates train stations and other transportation Transportation, which has put one Kalinda Mathis, Executive Director, roadblock after another in front of our assets, provides safe wildlife crossings, and International Inline Skating Associa- protects our historic, scenic, and natural re- tion; Tim Blumenthal, Executive Di- local enhancement proposals. sources. We achieve all this for about one rector, International Mountain Bicy- In Austin, Texas, for example, we and a half cents per surface transportation cling Association; Mele Williams, Di- have Plaza Saltillo, which would not dollar. rector of Government Relations, exist were it not for enhancement fund- TE projects are essential—they have been League of American Bicyclists; Judy ing. shown to promote health, safety, economic Corbett, Executive Director, Local development, tourism, energy conservation, Government Commission; Jonathan b 1515 and community pride, all within the context Katz, President, National Assembly of Many of us will gather there soon for of our surface transportation system. Our State Arts Agencies; Nation has benefited from over 17,000 local the Diez y Seis celebration. This has Patrick M. Libbey, Executive Director, transportation projects, in every congres- been an economic development mag- National Association of County and sional district in the country. For countless net. It has had a multiplier effect for City Health Officials; Ross Capon, Ex- communities, TE remains the most popular ecutive Director, National Association small Hispanic businesses in the area, program of the Nation’s surface transpor- of Railroad Passengers; Michael W. and now we are seeing a number of de- tation law. Duplechain, Director, Government Re- velopers, Hispanic and non-Hispanic, The attached materials provide additional lations, National Association of Serv- develop a wide range of residential details on how TE has benefited your state ice and Conservation Corps; Bill and district: a pie chart summarizing how housing in this transportation cor- Wilkinson, Executive Director, Na- your State has divided its TE funds across ridor. This enhancement project not tional Center for Bicycling and Walk- the program’s 12 eligible activities; a similar only improves the quality of life for all ing; Karen Silberman, Executive Direc- pie chart for the entire country; and a list of in the neighborhoods who celebrate tor, National Coalition for Promoting every TE project in your State, sorted by Physical Activity; Nancy Schamu, Ex- this important Hispanic holiday, but it county. ecutive Director, National Conference has proven to be a key factor in the In places large and small, Americans are economic development of the East Aus- working to address challenges such as grow- of State Historic Preservation Officers; ing traffic congestion, deteriorating air qual- Laura Loomis, Director, Visitor Expe- tin community. ity, loss of open space and an obesity epi- rience Program, National Parks Con- It is certainly true in terms of the demic among our youth. TE provides some of servation Association; Barry Tindall, quality of our cycling and pedestrian the solutions, and allows local communities Director of Public Policy, National trails throughout central Texas. These the opportunity to make transportation in- Recreation and Park Association; John trails enhance the quality of life. They vestment decisions that will greatly enhance Kostyack, Senior Legislative Counsel, National Wildlife Federation; have also become, thanks originally to their quality of life. the work of Lady Bird Johnson and The record of success in this program is Deron Lovaas, Deputy Director of Smart clear and substantial—a small investment Growth and Transportation, Natural now supplemented around Town Lake, that produces considerable results. Please Resources Defense Council; Susan West the center of Austin where people are support the bipartisan effort to preserve the Montgomery, President, Preservation coming to host conferences, conven- Transportation Enhancements program Action; Meg Maguire, President, Scenic tions, and business meetings. A real when H.R. 2989 is considered on the House America; Don Chen, Executive Direc- factor for many of our tech companies floor. tor, Smart Growth America; Lynne Se- moving downtown is the fact that we Sincerely, bastian, President, Society for Amer- ican Archaeology; Kevin McCarty, Sen- have trails people can enjoy jogging Marianne Fowler, Sr. Vice President of and cycling on, and can bring their Programs, Rails-to-Trails Conservancy, ior Director of Federal Policy, Surface Co-chair; Dan Costello, Senior Program Transportation Policy Project; Randy families to. Some of these trails, frank- Associate, National Trust for Historic Neufeld, Chair, Thunderhead Alliance; ly, have become on the weekends, and Preservation, Co-chair; Bill Sawyer, William S. Norman, President and at key times in the early morning and Executive Director, Adventure Cycling CEO, Travel Industry Association of late afternoon, almost as congested as Association; Martha Roskowski, Cam- America; Allen Front, Sr. Vice Presi- some of our highways. paign Manager, America Bikes; Edward dent for Federal Affairs, Trust for Pub- We do not have enough of these H. Able, Jr., President and CEO, Amer- lic Land. projects to meet the needs of a growing ican Association of Museums; Tobey Mr. DOGGETT. Mr. Chairman, I community in terms of enhancing the Williamson, Federal Policy Program move to strike the requisite number of quality of life or enhancing economic Manager, American Farmland Trust; words. Celina Montorfano, Director of Con- development, and we need more. We servation Programs, American Hiking Mr. Chairman, I rise also in support have had resistance at the State level Society; Paul Farmer, Executive Direc- of this bipartisan initiative and com- already. If we turn it over entirely to tor, American Planning Association; mend the gentleman from Wisconsin the States, there will not be a dime William W. Millar, President, Amer- (Mr. PETRI) for offering it. He came coming to provide this key enhance- ican Public Transportation Associa- personally, at the invitation of the ment factor. tion; gentleman from Texas (Mr. SMITH), to Looking at the data about transpor- Cara Woodson Welch, Director, Govern- central Texas last December and saw tation, there has been a significant ment Affairs, American Society of Landscape Architects; Pam Gluck, Ex- firsthand a variety of our pressing amount of work on the revision of ecutive Director, American Trails; transportation needs with highways TEA–21 focusing on fairness and parity. Robert L. Lynch, President and CEO, and public transportation, but also had The data suggests that about 7 percent Americans for the Arts; Richard Olken, a chance to see the important role that of the trips made in this country are

VerDate jul 14 2003 05:35 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.014 H04PT1 H7876 CONGRESSIONAL RECORD — HOUSE September 4, 2003 not by car or public transportation, but transportation enhancement funds are ing highway trust fund, I think it is by people on two wheels, on a bicycle, cut, there will be virtually no incen- only prudent to give the States the op- or walking. Yet, less than 1 percent of tives for States and communities to tion to choose how they will spend this our transportation dollars are being continue to create balanced integrated 10 percent of these highway trust funds committed to trail-type projects for transportation systems. For more than on hike and bike trails, as they may cyclists and pedestrians. Now, that 1 20 years through the transportation en- choose to do in the State of Oregon; or percent will not be assured unless this hancement program, communities some other State may choose to decide Petri amendment is adopted. We know across the Nation have developed and to take some of that 10 percent and in- employers can provide parking spaces, implemented alternative forms of vest more of it into any other type of and that many progressive employers transportation that promote livability, transportation project that they be- are providing public transportation or connectivity, and a better quality of lieve will help move people and reduce metro passes. However, for cyclists life. The vast majority of these travel time and reduce congestion. these days the only incentive is strong projects are locally selected and are of The bottom line is, I think, Mr. legs and maybe a pat on the back. For tremendous value to the communities. Chairman, this language that is in the a clean form of transportation, we need We need substantial highway funding; bill will allow every State to make to maintain this bare minimum but more importantly, we need a bal- those decisions on their own through amount of funding under the enhance- anced transportation system. their State legislatures, through their ment program for cyclists to have a I encourage my colleagues to support State highway commissions. I think safe lane or trail to travel. this amendment and restore funding that the genius of our system of gov- Our colleague from Oregon men- for enhancements that contribute to a ernment is that it is built around the tioned my constituent Lance Arm- higher quality of life, personal health concept of letting each State make strong, and we were so pleased to honor and livability in all of our commu- local decisions on their own, and this him yesterday with a resolution. In his nities. language in the bill does that. I strong- book he writes: ‘‘I’ve spent my life rac- Mr. CULBERSON. Mr. Chairman, I ly urge Members to vote against the ing my bike, from the back roads of move to strike the requisite number of amendment and support the gentleman Austin, Texas to the Champs-Elysees, words. from Oklahoma (Chairman ISTOOK) in and I always figured if I died an un- Mr. Chairman, I would like to speak voting ‘‘no’’ on the amendment and al- timely death, it would be because some in favor of the language in the bill and lowing Texans to run Texas and each rancher in his Dodge 4x4 rammed me against the amendment. I point out to State to make these decisions on their head first into a ditch . . . Cyclists the Members that the Inspector Gen- own. fight an ongoing war with guys in big eral for the Department of Transpor- Ms. LEE. Mr. Chairman, I move to trucks, and so many vehicles have hit tation, Kenneth Mead, testified to our strike the requisite number of words. me so many times, I’ve lost count . . . Subcommittee on Transportation, (Ms. LEE asked and was given per- One minute you’re pedaling along a Treasury and Independent Agencies ap- mission to revise and extend her re- highway, and the next minute you’re propriations that the highway trust marks.) face down in the dirt.’’ fund has shown a decline in revenues of Ms. LEE. Mr. Chairman, today I rise For Lance Armstrong, for the leader- about $18 billion less this year than in strong support of the amendment of- ship of the Downtown Austin Alliance projections that were made originally fered by the gentleman from Wisconsin and many people who have commu- in April of 2001, and as a result of the (Mr. PETRI) and the gentleman from nicated from central Texas, let us declining revenue coming into the Massachusetts (Mr. OLVER) to restore adopt the Petri amendment. highway trust fund that highway and guaranteed funding for the transpor- Ms. EDDIE BERNICE JOHNSON of transit programs will see continuing tation enhancements program. With Texas. Mr. Chairman, I move to strike constraints on their ability to improve over 15,000 projects receiving funding the requisite number of words. mobility, safety, and economic growth nationwide, it is very clear that the I rise in strong support of this unless taxes are raised, a greater por- benefits of this program have not been amendment to strike section 114 from tion of the financing burden is shared confined to any one district, State, or the fiscal year 2004 transportation ap- by State and local governments, or region. These projects are very critical propriations bill, and I want to thank greater reliance is placed upon the gen- in establishing and in maintaining liv- the gentleman from Wisconsin (Mr. eral fund to supplement highway trust able communities. PETRI), my committee leader, for offer- fund receipts. In my district alone the transpor- ing it, along with the gentleman from I strongly support the gentleman tation enhancements program has Massachusetts (Mr. OLVER). from Oklahoma’s (Chairman ISTOOK) funded nearly 30 projects over the last This is obesity USA right now. And language in this bill because this sim- 12 years at a cost of about $22.5 million, in Texas along with obesity, we have ply allows Texans to run Texas. Gov- and these projects have provided a very air pollution; and I believe that the en- ernor George W. Bush, when he ran for big improvement to the quality of life hancements funding, although small Governor originally, I had the privilege for many of my constituents and the compared to the highway funding, con- of serving longer under Governor Bush residents of the Bay Area as a whole, tributes in a major way to building a than any other Governor I served under not to mention the thousands of tour- healthy, active and community-based in the 14 years I served in the Texas ists who come through our region society. In the Dallas-Fort Worth re- legislature, and Governor Bush was every month. The program has funded gion, we see families and kids out elected Governor of Texas to let Tex- projects ranging for something as sim- riding, walking, skating on the Katy ans run Texas. The language in the bill ple as a bike locker at local BART sta- Trail every weekend and often during simply allows each State to choose on tions to pedestrian and streetscape im- the week. We see people riding bicycles their own how to spend that revenue. provements throughout Berkeley, Oak- to the park and ride areas to get on the The Nation today faces an ever-grow- land, San Leandro, and Fruitvale, to DART area transportation system. The ing national debt that has now exceed- construction of the Oakland section of types of trails build a sense of commu- ed $7 trillion, which is absolutely inex- the very ambitious 400-mile San Fran- nity. They promote physical fitness cusable. We must pay it off. We face a cisco Bay Trail project that links 47 and increase property values. growing national Federal deficit that cities and nine Bay Area counties to- Enhancements also promote safe we must balance. We simply must bal- gether. ways for kids to get to school. Studies ance our Federal budget. I strongly Other projects include the acquisi- show many more kids want to ride or support the gentleman from Okla- tion of scenic shoreline in Oakland for walk to school, but there is insufficient homa’s (Chairman ISTOOK) constitu- beautification and recreational pur- money to promote safe routes to tional amendment to require a bal- poses, the berthing and preservation of school. And we see overwhelming obe- anced budget. several historic ships, the construction sity in our young people now which In light of our deficits at the State and upgrade of the Berkeley train stop, leads us to have to spend a great deal and local level, in light of deficits at the construction of bicycle underpasses more money for health care later. If the Federal level, in light of a declin- along the very busy I–80 freeway, as

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.068 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7877 well as a number of other landscaping tation was chair of the Surface Trans- We can cite the thousands of and beautification projects throughout portation Subcommittee in 1991 when projects, but what really counts is my district. we fashioned the enhancements provi- those decisions that were made in each Mr. Chairman, our constituents real- sions of ISTEA. And what we did in and every community to take a piece ly value each and every one of these 1991 was landmark legislation. We had of that Highway Trust Fund and invest projects, not only in my district but come to the end of the interstate era, it in the future of America, in the qual- throughout our country, as I men- and now the debate focused on the fu- ity of life in America, to enhance the tioned earlier, which the transpor- ture of transportation in America. life of those who come after us. And tation enhancement program has real- that is what enhancements does. That b 1530 ly helped to pay for. And let me tell is what this program does. It is a citi- the Members that ever since word got What would be the face of transpor- zens’ bottoms-up investment in the out that this House was considering re- tation in the post-interstate era? How quality of life of our transportation moving the dedicated funding for this would we best invest our dollars? program. program, I do not think that a day has We assessed the quality of transpor- It is not enough just to roll over the gone by where I have not received a tation and the quality of life in Amer- highways and roll over the bridges. It phone call, e-mail, fax, or letter from ica in a long series of hearings, some of is more important to enhance the life constituents which criticize this move. which I conducted as Chair of the Over- of every community in America, and So we must make this bill right. We sight Investigations Committee, as that is what the enhancements pro- must pass this amendment so that we Chairman Mineta did in the surface gram has given us the opportunity to can continue to fund the construction subcommittee, as the gentleman from do. of pedestrian and bicycle facilities, Wisconsin participated in, now the Without the set-aside, it would not Rail to Trail conversions, the acquisi- Chair of that subcommittee. And what have happened. In the 20 years before tion and preservation of historic land, we found was that Americans wanted ISTEA we invested only $40 million in and a host of other projects that have more out of their transportation expe- building bicycle facilities across Amer- all contributed to the quality of life in rience than simply getting from point ica. Since then we have invested $3.8 our neighborhoods and really for the A to point B. They wanted to use the billion and enhanced the quality of life increased safety which people so de- interstate system to get to their des- in America. Pass the Petri amendment. serve. tination, but then to enjoy a quality of Mr. Chairman, I rise in support of the Petri/ Once again, as I said earlier, these life, to enjoy more of America’s his- Olver amendment to strike Section 114 from projects are so critical in establishing toric, archeological, cultural and sce- the bill. Section 114 is nothing more than a back- livable communities. nic treasures, and the way to do that Mr. RADANOVICH. Mr. Chairman, I was to open a new vista within our door attempt to kill the Transportation En- hancements Program initiated in 1991 under move to strike the requisite number of transportation program, to use some of ISTEA and continued in 1998 under TEA 21. words. their dollars that those very travelers Mr. Chairman, I rise today in support and visitors have invested in the High- This boldfaced attempt to kill one of the most of the Petri-Olver amendment which way Trust Fund to improve and en- popular Department of Transportation pro- would strike language in this bill that hance the quality of life, projects that grams ever enacted is reckless and mis- guided, and should be soundly defeated. eliminates dedicated funding for trans- would initiate from the community, Section 114 would eliminate the mandatory portation enhancements. Transpor- from the grassroots up, projects that had been proposed and undertaken, but requirement that each State use up to 10 per- tation enhancement funds may be used cent of its Surface Transportation Program for fundamental economic development frustrated because the dollars were not there to do them over a period of the funding for the Transportation Enhancement in tourist-dependent communities, to program. Under existing law, States must use previous series of transportation pro- ensure preservation of vital historic re- that 10 percent of STP funds for alternative sources. These resources then become a grams. But those are highway programs. transportation projects such as bike and pe- draw to the visiting public. While destrian trails, streetscape renovations, rail-to- What we fashioned was a transpor- many enhancement projects are small rail conversions, and other surface transpor- tation concept; not only highways and in size, they achieve enormous benefits tation-related activities that contribute to the not only bridges, but transportation. in terms of promoting economic revitalization of communities and local and re- Part of that transportation experience growth and development and devel- gional economies. oping historic tourism. The President is scenic America, the quality of life, Continuation of the existing Transportation has initiated a program called Preserve the issues the gentleman from Illinois Enhancements Program, as enacted in ISTEA America to encourage historic tourism. spoke about, of jogging and hiking, and and continued in TEA 21, is supported by This program is dependent on transpor- bicycling, as the gentleman from Or- more than 70 national organizations that make tation enhancement funds. egon spoke to, and things that I enjoy up the Transportation Enhancements Coali- The Advisory Council on Historic as a cyclist. tion. These include: The American Association Preservation, headed by my good friend But those issues come from the peo- of State Highway and Transportation Officials; John Nau from Texas, has advised that ple. The choice of how to invest those National League of Cities; U.S. Conference of we restore these funds in order to en- transportation dollars come from the Mayors, Institute of Transportation Engineers; sure the goals of Preserve America. A people themselves, from all throughout League of American Bicyclists; Rails to Trails ‘‘yes’’ vote on the Petri-Olver amend- America. And you can see the Conservancy; and a wide variety of other envi- ment would help us do just that. So we upwelling of spirit that has followed ronmental, preservation and recreational orga- are looking to preserve America. the issuance of this transportation ap- nizations. Mr. OBERSTAR. Mr. Chairman, I propriations bill, when the enhance- Transportation, like all human activity, af- move to strike the requisite number of ments community, a wide spectrum of fects our communities and the environment. words. Americans, rose up and said, please, do The Transportation Enhancements Program (Mr. OBESTAR asked and was given not make this change. enables us to balance transportation improve- permission to revise and extend his re- There is a compact here between the ments with the need to protect the environ- marks.) citizens of America, between the people ment and the character of our communities. Mr. OBERSTAR. Mr. Chairman, I rise who use our highways, our transit Although Section 114 does not make en- in support of the Petri-Olver amend- ways, our enhancement ways, and our hancements ineligible for funding, it removes ment. We are here today to discuss one Federal Government and the States. the requirement that 10 percent of STP funds of the cornerstones of ISTEA and TEA– State governments now have opted must be used for these purposes. It is clear 21 of our current transportation pro- into this program. They have become that without the set-aside, many State High- gram, a cornerstone that our current partners. Citizens have taken control way Departments would shift money now Secretary of Transportation not only of their destiny and the quality of life going to enhancements to larger traditional supports, the administration supports that they want to see in America. En- projects. it, the bill to extend the life of TEA–21, hancement programs makes that pos- Before a set-aside was established in but our current Secretary of Transpor- sible. ISTEA in 1991, enhancements were eligible

VerDate jul 14 2003 05:35 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 9920 E:\CR\FM\K04SE7.070 H04PT1 H7878 CONGRESSIONAL RECORD — HOUSE September 4, 2003 for funding, but States did not fund them. In struct river paths, renovate town parks, refur- The Clerk read as follows: the 20 years before 1991, only $40 million bish scenic promenades, preserve historic Amendment offered by Mr. LEWIS of Cali- was spent on bicycle and pedestrian projects. sites, and improve pedestrian safety. Between fornia: From 1991 through 2002, however, with the 2001 and 2003, only 16 percent of the 74 eli- Under the heading ‘‘Office of the Sec- set-aside in place, over $2.2 billion was spent gible mid-Hudson projects received funding, a retary, Salaries and Expenses,’’ strike ‘‘not on bicycle and pedestrian projects, with 75 testament to both the program’s popularity and to exceed $225,000 shall be available for the Office of Intelligence and Security’’ and in- percent of the funds coming from the Trans- current funding constraints. sert ‘‘not to exceed $2,000,000 shall be avail- portation Enhancements Program. The total The benefits of the program are many and able for the Office of Intelligence and Secu- amount of funds for bicycle and pedestrian well known, but I would like to mention a few: rity’’ and under the heading ‘‘Office of the projects jumps to $3.8 billion for 8,526 projects (1) Quality-of-life. Over the past several dec- Chief Information Officer,’’ strike nationwide when projects in the pipeline, as ades, the car has become the preferred meth- ‘‘$16,565,000’’ and insert, ‘‘14,565,000’’. well as completed projects, are included in the od of movement, even for short distances. The Mr. LEWIS of California (during the totals. For all types of transportation enhance- resulting congestion has made everything from reading). Mr. Chairman, I ask unani- ment projects nationwide, the grand total pro- commuting to work to picking up groceries, mous consent that the amendment be grammed since 1991 is an impressive $8.4 bil- genuine headaches. Multi-lane arterials now considered as read and printed in the lion for 17,920 projects, less than $500,000 zig-zag through formerly quiet neighborhoods, RECORD. per project nationwide. Clearly, these kinds of exposing residents to noise pollution and The CHAIRMAN pro tempore. Is results could not have been achieved in the threatening our children’s safety. By financing there objection to the request of the absence of a dedicated Transportation En- construction of bicycle and pedestrian paths, gentleman from California? hancements Program. the Transportation Enhancements program There was no objection. The enhancement program requires less has provided individuals with serious transpor- Mr. LEWIS of California. Mr. Chair- than 2 percent of the entire program for sur- tation alternatives that can cut traffic, reduce man, the amendment at the desk is an face transportation. This is a modest amount accidents with cyclists and pedestrians, pro- amendment that comes from the Sec- to spend on these projects, which bring sub- tect green spaces an create truly livable com- retary, Mr. Mineta. He essentially is stantial transportation benefits and are sup- munities. urging the House to move a $2 million (2) Environment. Our reliance on cars, ported by a wide constituency. amount from the administrative funds which produce acid rain and smog-forming Any Member who doubts the importance of to that piece of the work done in the chemicals, has harmed our environment and the Transportation Enhancements Program Department of Transportation that in- needlessly compromised public health. Trans- need only look at the projects completed in his volves intelligence and security mat- portation is responsible for 50 percent of all or her congressional district. If Section 114 is ters. the air emissions that cause smog, which de- enacted, future enhancement projects in your There is willingness to accept this creases lung capacity and triggers asthma at- congressional district will clearly be placed at amendment on the part of the major- tacks. Over one million New Yorkers have risk. None of us should take that risk. I urge ity, as I understand it, and the minor- asthma and over 14 million State residents Members to vote for the Petri/Olver amend- ity. I will take no more of our time if live in areas where smog levels exceed the ment to strike Section 114. that is the case. Federal Government’s health standard. Full Mrs. LOWEY. Mr. Chairman, I rise in strong Mr. ISTOOK. Mr. Chairman, if the funding of the Transportation Enhancements support of the Petri-Olver amendment, which gentleman will yield, I am willing to program would help to bring into compliance would restore the set-aside for the transpor- accept the amendment. the many New York metro areas that fail to tation enhancements program. Mr. OLVER. Mr. Chairman, if the Passed over a decade ago, when Congress meet ozone standards. (3) Obesity. Finally, the Centers for Disease gentleman will yield, I am happy to ac- recognized a serious shortcoming in the Na- Control recently identified obesity, particularly cept the amendment as well. tion’s transportation system, the Transpor- among children, as a top national health risk. The CHAIRMAN pro tempore. The tation Enhancements program has ensured The absence of walking and bicycling opportu- question is on the amendment offered consistent funding for pedestrian- and bicycle- nities has played a major role in sky-rocketing by the gentleman from California (Mr. friendly transportation projects. Large Federal obesity rates, which, according to the CDC, LEWIS). highway budgets over the past several dec- equal or exceed 20 percent in 30 states. Obe- The amendment was agreed to. ades were instrumental in creating an inte- sity, which can lead to heart disease, high AMENDMENT NO. 12 OFFERED BY MR. LOBIONDO grated transportation network. The absence of blood pressure, and stroke, not only carries a Mr. LOBIONDO. Mr. Chairman, I offer serious intercity transportation alternatives, tremendous health toll but also steep eco- an amendment. however, increased reliance on cars, resulting nomic consequences. In 2001, indirect and di- The CHAIRMAN. The Clerk will des- in gridlock, longer travel times, additional pol- rect economic costs were estimated at $117 ignate the amendment. lution, and reduced quality of life. Federal billion. So, it is vital that opportunities to walk The text of the amendment is as fol- transportation planners’ preoccupation with and bicycle grow rather than diminish. Restor- lows: interstate highway construction and seeming ing the funding guarantee for the Transpor- Amendment No. 12 offered by Mr. neglect of local challenges frustrated many tation Enhancements program is critical to LOBIONDO: mayors, especially in my area. making this happen. Page 10, line 8, after the first dollar This is why the Transportation Enhance- Once again, I appreciate Congressman amount, insert the following: ‘‘(reduced by $2,000,000) (increased by $2,000,000)’’. ments program, which guaranteed a portion of OLVER and Congressman PETRI’s leadership Federal highway aid would go to multi-use on this issue and encourage my colleagues to Mr. LO BIONDO. Mr. Chairman, I rise paths, sidewalks, and bicycle lanes, is so im- support this amendment. today to offer this amendment to in- portant, and why the decision to eliminate the The CHAIRMAN pro tempore (Mr. crease funding for the Federal Aviation guaranteed funding component of this pro- HASTINGS of Washington). The question Administration William J. Hughes gram in this year’s transportation appropria- is on the amendment offered by the Technical Center located in Pomona, tions bill disappointed transportation analysts, gentleman from Wisconsin (Mr. PETRI). New Jersey. I understand that the com- environmental and public health advocates, The question was taken; and the mittee chairman, the gentleman from and state and local leaders. Chairman pro tempore announced that Oklahoma (Mr. ISTOOK) is prepared to New York needs this funding. Although the the ayes appeared to have it. accept the amendment. I would like to State has spent $300 million on transportation Mr. ISTOOK. Mr. Chairman, I de- see if that is still the case. enhancements since 1991, many of its needs mand a recorded vote. Mr. ISTOOK. Mr. Chairman will the remain unmet. Indeed, New York could afford The CHAIRMAN pro tempore. Pursu- gentleman yield? to fund less than 30 percent of proposals re- ant to clause 6 of rule XVIII, further Mr. LO BIONDO. I yield to the gen- ceived in the past 3 years, ultimately opting to proceedings on the amendment offered tleman from Oklahoma. use other Surface Transportation Program by the gentleman from Wisconsin (Mr. Mr. ISTOOK. Mr. Chairman, I am funds to pay for projects. PETRI) will be postponed. willing to accept the amendment. My own constituents are especially worried. AMENDMENT OFFERED BY MR. LEWIS OF Mr. LO BIONDO. Mr. Chairman, re- Since the creation of the Transportation En- CALIFORNIA claiming my time, I would like to hancements program, over $13 million has Mr. LEWIS of California. Mr. Chair- thank the chairman very much. The flowed to municipalities in my district to con- man, I offer an amendment. Tech Center engages in matters of

VerDate jul 14 2003 05:35 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.024 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7879 aviation safety and security that im- in facility. The details of this proposal We should not allow politicians to ex- pact the entire system. and the environmental impact report pand airports, to create construction Mr. Chairman, I had a second amend- were released on July 9, 2003, and are projects. We should not allow politi- ment that I had planned to offer today now open for public comment. There is cians to do this without the benefit of which I will not be offering. This sec- a strong coalition in the district op- the kind of review that will go even be- ond amendment would have restored posed to this plan. yond what FAA has been doing in the funding for research and development. Supporters of the proposed project to past and would include the consider- I have had conversations with the construct a remote passenger check-in ations of Homeland Security. Why did chairman about this. I know that there facility claim that the facility is nec- we develop a whole Department on are tremendous pressures from the essary to improve the safety and secu- Homeland Security if we cannot in- Aviation Trust Fund downturn as far rity of LAX, and, they claim, to pre- clude in it the review of these proposed as how these dollars would be distrib- vent terrorist attacks at LAX. How- projects for reconfiguration and expan- uted, but I would like to ask the chair- ever, it is even more likely that the sion by elected officials and politicians man to please do everything he can in concentration of passengers in a re- in all of these local areas? conference. This affects the Oklahoma mote passenger check-in facility could I know that my colleague on the Technical Center as well as the one in actually reduce the safety and security other side of the aisle has reserved a Pomona, New Jersey. These are dollars of LAX. point of order, and I respect that; but I which would go to aviation safety and The Rand Corporation conducted a would just ask my colleagues to find security. security study of the proposed remote some way to work with me, to take a Mr. Chairman, I hope the gentleman passenger check-in facility which was look at these kinds of expansion or re- will work to help restore those dollars released May 14, 2003. The study con- configuration projects. Mine may be in conference. cluded that the proposed project would the one that is being brought to you Mr. ISTOOK. Mr. Chairman, if the not significantly improve the security today, but this is going to happen all gentleman will yield further, we will of LAX. The study also suggested that over the country. What are these local certainly work together in conference concentrating passengers in the remote city councils, what are the mayors, to do everything that it is possible to passenger check-in facility would make what are the Governors, what are they do within the funds available. this facility the likely target of a ter- doing? Are they expanding construc- Mr. LOBIONDO. Mr. Chairman, re- rorist attack. The study even sug- tion in the name of politics, looking to- claiming my time, I thank the chair- gested that concentrating passengers wards the next election, or do we have man very much. in a remote passenger check-in facility really security factors built in to these The CHAIRMAN pro tempore. The would exacerbate the effects of such an kinds of projects? I would ask you to question is on the amendment offered attack. find a way to work with me on this. by the gentleman from New Jersey Mr. Chairman, this idea is not only POINT OF ORDER (Mr. LOBIONDO). opposed by many of the homeowner Mr. ISTOOK. Mr. Chairman, I make a The amendment was agreed to. groups in the area, it is basically op- point of order. AMENDMENT NO. 26 OFFERED BY MS. WATERS posed by the coalition throughout The CHAIRMAN pro tempore. The Ms. WATERS. Mr. Chairman, I offer southern California who is trying to gentleman will state his point of order. an amendment. get LAX to move to a regional response Mr. ISTOOK. Mr. Chairman, first, of The CHAIRMAN. The Clerk will des- to passenger increase. The Rand study course, the amendment is not germane ignate the amendment. did conclude that limiting the capacity to the bill. It relates to the Secretary The text of the amendment is as fol- of the airport would reduce the overall of Homeland Security, which is not lows: vulnerability of LAX to terrorist at- within the jurisdiction of this legisla- Amendment offered by Ms. WATERS: tacks. However, this could be accom- tion. Page 15, after line 13, insert the following: plished by maintaining LAX at its ex- Further, the amendment proposes to SEC. 108. (a) REVIEW.—The Secretary of isting capacity with no additional air- change existing law and constitutes Homeland Security shall conduct a review of port construction projects. legislation in an appropriations bill the proposed project for construction of a re- My amendment would require the and therefore violates clause 2 of rule mote passenger check-in facility at Los An- Secretary of Homeland Security to re- XXI, which states in pertinent part geles International Airport to determine view the proposed project to construct that an amendment to a general appro- whether the project as designed will protect a remote passenger check-in facility at priation bill shall not be in order if the safety and security of air passengers and the general public. LAX to determine whether the project, changing existing law. This amend- (b) REPORT.—Upon completion of the re- as designed, will protect the safety and ment gives affirmative direction, in ef- view, the Secretary shall transmit to Con- security of air passengers and the gen- fect, and I ask for a ruling from the gress and the Administrator of the Federal eral public. The amendment would also Chair accordingly. Aviation Administration a report containing prohibit the construction of this b 1545 the results of the review. project until such time as the Sec- (c) PROHIBITION.—The Administrator shall retary of Homeland Security has com- The CHAIRMAN pro tempore (Mr. not allow construction of the proposed pleted the review and determined that HASTINGS of Washington). Does any project until such time, if any, as the Sec- Member wish to be heard on the point retary has completed the review and deter- the project will improve protection of the safety and security of air pas- of order? mined that the proposed project as designed If not, the Chair is prepared to rule. will protect the safety and security of air sengers and the general public. The Chair finds that this amendment We cannot afford to experiment with passengers and the general public and will directly amends existing law. The offer greater protection than is currently the safety and security of the Amer- amendment, therefore, constitutes leg- available at the exiting facilities of Los An- ican people. geles International Airport. Mr. Chairman, we have gone through islation in violation of clause 2 of rule Mr. ISTOOK. Mr. Chairman, I reserve 9/11 and we have created Homeland Se- XXI. The point of order is sustained, a point of order against the amend- curity, and it seems to me that Home- and the amendment is not in order. ment. land Security cannot be excluded from AMENDMENT NO. 25 OFFERED BY MR. TANCREDO Ms. WATERS. Mr. Chairman, Los An- the review of these so-called expansion Mr. TANCREDO. Mr. Chairman, I geles International Airport, which is projects or reconfiguration projects, offer an amendment. located in my congressional district, is whatever name they come under, in the The CHAIRMAN pro tempore. The the third largest airport in the United many airports in this country, if in Clerk will designate the amendment. The text of the amendment is as fol- States, with capacity to serve 78 mil- fact we are concerned about the secu- lows: lion air passengers per year. The oper- rity of airports, and I know that we ator of LAX has proposed a rather con- are, and I am certainly concerned Amendment No. 25 offered by Mr. TANCREDO: troversial airport modernization about LAX. It has been said more than Page 17, line 16, after the dollar amount, project that would include the con- once that LAX is a target and that it is insert the following: ‘‘(increased by struction of a remote passenger check- at risk. $320,000,000)’’.

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.078 H04PT1 H7880 CONGRESSIONAL RECORD — HOUSE September 4, 2003 Page 39, line 1, after the dollar amount, in- come to an end sometime. We must the people, think. Just like the reau- sert the following: ‘‘(reduced by shut off the spigot of Federal funds and thorization of TEA–21, which would im- $320,000,000)’’. require the States, communities and prove our crumbling transportation in- Page 39, line 2, after the dollar amount, in- organizations that purport to need Am- frastructure and put millions of people sert the following: ‘‘(reduced by $120,000,000)’’. trak services, to foot a larger share of back to work, the issue concerning Page 39, line 3, after the dollar amount, in- the bill. Amtrak brings up a fundamental ques- sert the following: ‘‘(reduced by Remember also that during the tion as to where this Nation stands on $100,000,000)’’. chairman’s opening remarks and then public transportation. Page 39, line 5, after the dollar amount, in- subsequently through several re- We have an opportunity to improve a sert the following: ‘‘(reduced by sponses, he has had two amendments system that serves our need for pas- $100,000,000)’’. that have been offered, he has reiter- senger rail service, or we can let it fall Mr. TANCREDO. Mr. Chairman, my ated the need for more funding for our apart and leave this country’s travel- amendment would transfer $320 million highways. In fact, I think the figure he lers and business with absolutely no al- from Amtrak to the Federal Aid High- last used was a $400 billion deficit. We ternative forms of public transpor- way Program, reducing Amtrak’s total are $400 billion shy of what we need to tation. appropriation to $580 million for this maintain our highway systems and our We could fund this Nation’s entire year. This amount, by the way, is the bridges, $400 billion dollars. Now, I sug- passenger rail system for a year with original amount that the Transpor- gest that this is a relatively easy deci- the money that we spend in just one tation Appropriations bill called for sion for Members to make. What is week in Iraq. Let me repeat that. We prior to the adoption of an amendment more important to their constituents? could fund this Nation’s entire pas- in full committee. Now, I recognize fully well that many senger rail system for a year with the Mr. Chairman, Amtrak has posted Members here have worked for a long money we spend in just one week in staggering losses in recent years, de- time to bring home a chunk of money Iraq. But I guess the House leadership spite their continued promises to be- to their constituents to keep this rail and the Republican administration come self-sufficient. Time and time service subsidized, and I can say to have decided it is more important to again, however, those promises have them they have done a wonderful job, fund the needs of the Iraqi people than been broken as Amtrak continues to $30 billion over 20 years. They have the citizens right here in America. We hemorrhage money and continues to brought home plenty of pork. It is not continue to subsidize highways and come back to this body with out- a matter that we should be worried aviation, but when it comes to our pas- stretched hands. about whether or not more is nec- senger rail system, we refuse to provide Ironically, Mr. Chairman, Amtrak essary. I think they can be proud of the the money Amtrak needs to survive. Last year alone, we provided $18 bil- was originally established in 1971 as a, fact that they have been able to do as lion in direct funding to the airline in- believe it or not, for-profit corporation well as they have done over the last 20 dustry. Let me repeat that. Last year by Congress. Over the last 30 years years, but really this has to come to a alone, we provided $18 billion in direct though, Amtrak has never once turned stop. And when we have such pressing funding to the airline industry. a profit. It has, however, racked up needs as the chairman has laid out for nearly $30 billion in operating losses On November 12, 2001, I was in New us in the area of highways and road York when American Airlines flight 587 and even managed to receive a $2 bil- construction and bridge repair, it lion tax credit in 1997. That is despite crashed shortly after taking off from seems to me to be a fairly easy decision JFK Airport, creating a national panic the fact that the rail provider has for us to make, to transfer the amount never paid a penny in income tax. and shutting down the entire city. For- of money, the $320 million from Am- tunately for me and many Members of Now, some of my friends who oppose trak to Federal aid for highways. this amendment will tell you that the Congress who ended up at Penn Station Again, I want to reiterate the fact that day, Amtrak was still running and service provided by this inefficient mo- that what we are doing here is simply nopoly is invaluable to the traveling returned us safely to Washington to taking the appropriation down to the deal with this latest tragedy. I real- public, but the statistics do not bear same level that the Committee on Ap- that out. According to the American ized, once again, just how important propriations, that the Transportation Amtrak is to the American people and Association of State Highway and Appropriations bill called for origi- how important it is for this Nation to Transportation Officials, for example, nally, and then it got plussed up when have alternative modes of transpor- the percentage of Americans who walk it got to the full committee. But I tation. to work every day is roughly equal to think that the original amount was This issue is bigger than just trans- the number that ride the train, about 5 being very generous to this entity, to portation. This is about safety and na- percent. Amtrak, a private corporation, after tional security. Not only should we be In light of these statistics, one won- all, that has simply had never had the giving Amtrak the money it needs to ders as one political commentator ability to live up to the promises that continue to provide services, we should noted, if it makes as much sense for have been made. be providing security money to up- Congress to subsidize Nike sneakers as We are in tight financial times. grade their tracks and improve safety it does for them to subsidize rail serv- There are not dollars flowing into the and security measures in the entire ice. coffers of the government that can be rail system. Subsidies on some of the longest distributed so liberally. So I ask when Some people think the solution to routes are so high, reaching about $250 that time occurs to make a decision the problem is to privatize the system. per passenger in some cases, that many about what is more needy, vote for If we privatize, we would see the same times it would actually be cheaper for your highways and bridges and not for thing we saw when we deregulated the the Federal Government to purchase the Amtrak subsidy. I ask for an ‘‘aye’’ airlines. Only the lucrative routes will plane tickets for passengers than to vote on the amendment. be maintained, and routes in rural lo- subsidize the purchase of their train Ms. CORRINE BROWN of Florida. cations will be expensive and few. ticket. Mr. Chairman, I move to strike the last Once again, we see the Bush adminis- Not surprisingly, Amtrak is back word. tration’s ‘‘too little too late policy.’’ I again asking Congress to bail them out Mr. Chairman, first of all, I want to am surprised they have not suggested a with yet one more $1 billion appropria- speak against that amendment, and I tax cut to solve this problem. Instead, tion. And this is after the beleaguered want to begin by thanking the gen- they are trying to take the money rail carrier promised Congress finan- tleman from New York (Mr. QUINN) and from the hard working Amtrak em- cial solvency just a short time ago. the other 220 Members of the House of ployees, who day and night work to Mr. Chairman, the unhealthy rela- Representatives that sent a letter to provide top quality service to their tionship between Amtrak and the Con- the Committee on Appropriations seek- passengers. These folks are trying to gress has become a seemingly endless ing full funding for Amtrak. But the make a living for their families, and cycle of empty promises and bottom- Republican leadership and this Bush they do not deserve the shabby treat- less government subsidies. This has to administration do not care what we, ment from the President. It is time for

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.029 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7881 the Bush administration to step up to was changed in order to bring it to the every other single country in the the plate and make a decision about full Committee on Appropriations in world. If we look at our rail systems in Amtrak based on what is best for the order to have enough votes to get that the United States of America, we will traveling public and not what is best bill out of the full Committee on Ap- find we are behind almost every highly for the right wing of the Republican propriations to bring it back to the civilized country in the world, the Eu- party and the bean counters at OMB. $900 million level that the President ropean countries, Japan and a lot of This is not about fiscal policy. This had asked for. In fact, I should remind others. is about providing a safe and reliable Members that 220 Members of the We have for years and years and public transportation system that the House of Representatives had peti- years not funded rail to the extent that citizens of this Nation need and de- tioned the Committee on Appropria- it is needed, and it is true that we fund serve. Let us stop this crisis now before tions asking that the full funding re- it and it is true that it is so-called sub- it is too late. quested by Amtrak should be provided sidized, but the bottom line is that we Mr. QUINN. Mr. Chairman, I move to for Amtrak and that was double what are dealing with tunnels going into strike the requisite number of words. is already here. Baltimore, built right after the Civil Mr. Chairman, I am not going to be- So this is replowing the old ground War, into New York City, or most close labor the point here or take extended that we in the Committee on Appro- to that, and we are simply not making amounts of time, but I feel compelled priations had to go through to bring the improvements we have to make to to rise and respond to my friend from this bill to the floor in the first place get the speeds up to attract the rider- Colorado in this amendment because in and would be reversing that movement. ship. just two speakers, after the gentleman I think that is distinctly a wrong thing In spite of that, we have more people from Florida (Mr. HASTINGS), I will be to do. Let me also point out that in re- riding the rails now from New York offering an amendment to increase the gard to the $900 million appropriation City to Washington than are taking aid for Amtrak. which is included in the bill before us, airlines from New York City to Wash- While we have an opportunity to dis- and I am interested in the comment ington. We pour tremendous money cuss this, I would like to point out that that my good friend, the gentleman into our other infrastructure and into when we talk about money for rail pas- from New York (Mr. QUINN) stated, the the upkeep costs of other forms of senger systems in this country, many chairman of the Subcommittee on transportation. of us do not consider that to be pork, Railroads of the Committee on Trans- Look at the air industry, for exam- no matter what kind of money we have portation and Infrastructure has made ple. We pay, often locally and by brought back, to what kind of district, about providing Amtrak just enough so States, we pay for the airports, a huge for what kind of rail transportation, we that it would fail, when Ken Mead, the expense which is out there, and the do not consider that pork. When people Department of Transportation’s In- FAA, we pay for the comptrollers. The depend on that to get to work, to get to spector General was asked by me as to Transportation Security Agency pri- where they need to be, how much what would be the result of the appro- marily is aimed at that. It cost billions money over any number of years is not priations of $900 million, and I intend of dollars to do all these things, much considered pork to many of us? So I to support the idea of increasing that more than we are trying to put into need to disagree with the gentleman appropriation farther down the road, rail, far more than we have ever put from Colorado (Mr. TANCREDO) a little but he sent a letter back to me, and I into rail before. bit. will quote from that letter. He sent a The infrastructure is absolutely I think we have given Amtrak, I have letter on July 10 in response to those needed. Obviously we put a lot of said this so many times, just enough questions about the impact of various money into the concrete of our roads. money each year to make certain it funding levels. In regard to the $900 We do get a return as far as gas money fails, so that friends like the gen- million level which the gentleman is concerned. I drive from Wilmington, tleman and others want to know why it from Colorado’s (Mr. TANCREDO) Delaware to here from time to time. It does not work, because we have not amendment would reduce substan- is incredible how crowded those roads funded it properly. The new president, tially, he said, ‘‘Because there would are, but it is also incredible to see how David Gunn, has made significant not be any funds remaining for other crowded the trains are and how we changes at Amtrak. He has talked with capital investments, operational reli- could use more trains. us on the Subcommittee on Railroads. ability likely would suffer. None of the So I will be the first to agree there He has talked with the chairman of the backlog of capital needs could be ad- need to be more efficiencies. subcommittee for Appropriations, and I dressed at that funding level.’’ I would just say this to my good think it would be in our best interest friend, the gentleman from Colorado. I not to take money away but to give b 1600 hope he will talk to David Gunn. I do Mr. Gunn and others the tools they So that puts us a step backward on not know if he talked to him or not. He need to get the job done correctly. the process of funding Amtrak at a is the new CEO, relatively new, in the So I respectfully will oppose the gen- level that would allow it to continue last couple of years at Amtrak. He tleman’s amendment, and in a few and continue safely as a provider of really has some good ideas. He really short minutes offer an amendment to passenger rail service for this Nation. has some good strategies in terms of increase the funding. So I would urge Members to oppose how to make Amtrak, and I am not Mr. OLVER. Mr. Chairman, I move to this amendment by the gentleman going to call it profitable because I am strike the requisite number of words. from Colorado (Mr. TANCREDO). not sure that is right, but to reduce the Mr. Chairman, I rise in opposition to Mr. CASTLE. Mr. Chairman, I move subsidies which are necessary to pro- the amendment that has been offered to strike the requisite number of vide this very important form of trans- because this is ground that we have al- words. portation for at least portions of the ready been over. The bill that is before Mr. Chairman, I too oppose this United States of America, obviously us provides $900 million for fiscal 2004 amendment, and I concur with those the eastern seaboard, the region for Amtrak, and that, it turns out, is speakers who have spoken to that, and around Los Angeles and around Chi- exactly what the President had rec- I will certainly support the amendment cago and various other areas. I am not ommended for Amtrak for fiscal year of the distinguished gentleman from suggesting we need to go across the 2004. New York State (Mr. QUINN). country and go for 4 days, whatever it In fact, we are covering old ground We have really in this country the may be, but the bottom line is this is because this was settled at an earlier time has come to start looking at our an extraordinarily important mode of point. The Transportation Sub- transportation systems. If we look at transportation, and I think we need to committee had in fact made a rec- our airlines, if we look at our airports sit down and recognize that and do all ommendation to full committee for the and the entire air systems, if we look that we can. number which the gentleman from Col- at our roads, if we look at our ports, we I implore the White House, this com- orado (Mr. TANCREDO) has asked for. are going to find that America is at mittee, the Senate and everybody to And it was one of those provisions that least competitive, if not ahead, of try to do this. The Senate has spoken

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.085 H04PT1 H7882 CONGRESSIONAL RECORD — HOUSE September 4, 2003 to this, at least to a degree. They have us ably and importantly and critically AMENDMENT NO. 4 OFFERED BY MR. HASTINGS raised their amount in subcommittee at a time when the airline industry OF FLORIDA which is looking at it to $1.34 billion; could not. It has served us in the past Mr. HASTINGS of Florida. Mr. Chair- 218 Members, that is a majority of this when other means of transportation man, I offer an amendment. House, have signed a letter requesting could not. The CHAIRMAN pro tempore. The the $1.8 billion. There are many people I want to go to the core of the Am- Clerk will designate the amendment. The text of the amendment is as fol- who recognize what we have to do. trak question, and that is the north- lows: I am, like everybody else, if there is east corridor, and say simply that it fat there, sure, we want to squeeze that faces imminent threat in terms of its Amendment No. 4 offered by Mr. HASTINGS out and we want an efficient system, of Florida: reliability and utility, because as the Page 5, line 21, after ‘‘$45,000,000’’ insert but we need a good rail system in gentleman from New York (Mr. QUINN) ‘‘(decreased by $45,000,000)’’. America, and we cannot continue to points out, I believe this Congress has Page 68, line 11, after ‘‘$1,628,739,000’’ insert underfund it so badly that we cannot undertaken a methodology in which we ‘‘(decreased by $165,000,000)’’. make the capital improvements and do simply ensure its failure rather than Page 91, line 1, after ‘‘$495,000,000’’ insert the other things which are necessary to ‘‘(increased by $232,000,000)’’. its success if we continue to defer in- Page 108, line 23, after ‘‘$35,914,000’’ insert keep it up. So I implore all of us to do vestment, and we risk losing service ‘‘(decreased by $22,000,000)’’. this. between Boston and Washington, which Mr. HASTINGS of Florida. Mr. Chair- I do not know where these amend- is at the hub of that core of service, if ments are going, but obviously at some man, I rise today to offer an amend- any service disruptions in Amtrak are ment to H.R. 2989. This amendment in- point this is going to be in conference, experienced. creases the amount of funding provided and very important decisions are going The northeast corridor is critical to in this bill for election reform. to be made about the future of rail in our Nation and it is the heaviest trav- When the 107th Congress overwhelm- America, and I hope when that happens eled railroad in North America. It is ingly passed the Help America Vote that we put together a good plan that not a simple luxury for many people. In Act, it made a commitment to the really works, we listen to Mr. QUINN fact, 1,700 trains operate over some por- American public that we would restore and others who are vitally interested tion of the Washington-to-Boston route reliability to America’s elections sys- in that. each day in this Nation, providing peo- tem. Last year, Congress grossly un- I would encourage the defeat of the ple the opportunity to work, providing derfunded its authorized commitment. amendment. I would encourage support people the opportunity to carry on the Again, today, we are considering a bill of the Quinn amendment, and hopefully business of this Nation and go to the that provides less than 50 percent of when we get to conference we will real- places they need to go. the amount authorized. The Help ly get the job done on rail in the As the gentleman from Delaware (Mr. America Vote Act authorized more United States of America. CASTLE) pointed out, the northeast cor- than $1 billion in funding for fiscal Mr. SWEENEY. Mr. Chairman, I ridor carries more from New York to year 2004. Yet this bill appropriates move to strike the requisite number of Washington each day than both air- only $500 million. words. lines in providing their shuttle service, In less than 6 months, Mr. Chairman, I thank the chairman for recognizing combined, do. Pretty critical service Americans will begin traveling to the me and want to rise in opposition to that it provides. It carries more than polls to vote in the Presidential pri- my good friend and classmate the gen- 35,000 people a day, the entire corridor, maries. The unfortunate reality is that tleman from Colorado’s (Mr. and the Northeast is the only area in they will be returning, in many re- TANCREDO) amendment and preemp- which Amtrak runs trains and owns spects, to the same system that failed tively rise in support of my other good tracks and I think provides us the them in many respects 3 years ago, friend and State mate the gentleman greatest opportunity to build from simply because Congress has not fol- from New York’s (Mr. QUINN) amend- within that railroad’s experience. lowed through with its financial com- ment that he will offer later on restor- mitment to States, counties, and local ing full funding to the Amtrak system. As it relates to the notion that this is somehow pork, I want to point out to governments. In doing so, I want to point out that The amendment I am offering today we have had this debate in Congress for my good friend and others that this Congress has not been hesitant to sub- increases funding in the bill for the im- a decade at least, that it is almost un- plementation of the Help America Vote reasonable to expect that this trans- sidize private entities like airlines, has not been hesitant, as the gentleman Act by $232 million. This extra money portation appropriation bill is going to for election reform funding today will from Delaware (Mr. CASTLE) pointed be the bill, the vehicle in which we are improve local election systems while out, to provide other infrastructure going to be able to solve the many offsetting the increase with funds that subsidies throughout the system, and problems that we have in Amtrak; but might not be used for well over 2 years. that to decide arbitrarily or subjec- in doing so, I want to recognize the This body has an opportunity to say to tively that while Amtrak may not diligence of my chairman, the gen- Americans across the country that we serve portions of the Nation, it is tleman from Oklahoma (Mr. ISTOOK) are committed to election reform. My therefore not in the national interest, who worked and strove diligently amendment makes this commitment is simply wrong. throughout this process. As we marked clear and takes us one step closer to a I want to again thank my friend, the up the bill in the subcommittee, the day when Americans will walk away gentleman from New York (Mr. QUINN), ranking member, the gentleman from from the polls knowing that their vote and involve my support for his amend- Massachusetts (Mr. OLVER), pointed will not only be counted but will actu- ment. out that a number of us voted to sup- ally count. I would urge my colleagues port this bill so we could push it along The CHAIRMAN pro tempore (Mr. to vote yes on this amendment. the process and get it into the full HASTINGS of Washington). The question I would also like to take a point of committee and now on to the floor to is on the amendment offered by the personal privilege to thank the gen- talk about the intricacies and the gentleman from Colorado (Mr. tleman from Maryland (Mr. HOYER), many problems facing Amtrak today. TANCREDO). the gentleman from Ohio (Mr. NEY) and I support the notion that we restored The question was taken; and the the many Members who have supported to $900 million a portion of the White Chairman pro tempore announced that the Help America Vote Act in its House’s recommended portion of the the noes appeared to have it. present form, and assuredly all of us funding but recognize that we are woe- Mr. TANCREDO. Mr. Chairman, I de- should bring ourselves to want to do fully short and recognize that this is a mand a recorded vote. what is right by all of our constituents vital national interest with which we The CHAIRMAN pro tempore. Pursu- as it pertains to voting. must soon address its needs, and in ant to clause 6 of rule XVIII, further Mr. ISTOOK. Mr. Chairman, I move failing to do so, we further put at risk proceedings on the amendment offered to strike the last word. the viability of a system that, as was by the gentleman from Colorado (Mr. Mr. Chairman, I rise in opposition to pointed out by a speaker before, served TANCREDO) will be postponed. the gentleman from Florida’s (Mr.

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.087 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7883 HASTINGS) amendment. I understand critical to every taxpayer in the coun- The CHAIRMAN pro tempore. The his concern with having more Federal try. Clerk will designate the amendment. funds for voter reform and voting sys- So I appreciate the gentleman’s ef- The text of the amendment is as fol- tems reform in the country. We have fort, but I do oppose his amendment. lows: Mr. CUMMINGS. Mr. Chairman, I rise today the money of course in the bill, which Amendment No. 16 offered by Mr. QUINN: frankly we have treated as inviolate. to ask my colleagues to support the Hastings amendment that will provide much needed Page 39, line 1, strike ‘‘$900,000,000’’ and in- We have not sought to diminish the sert ‘‘$1,712,000,000’’. money for election reform grants to states, amount or invade the election reform Page 39, line 2, strike ‘‘$400,000,000’’ and in- dollars for the purpose of transpor- which are to be used to update state election sert ‘‘$668,000,000’’. tation or any other function. However, systems and replace obsolete voting equip- Page 39, lines 3 through 6, strike if we open up that Pandora’s box, I ment. ‘‘$373,000,000 for quarterly grants for capital think we would find a great many After the 2000 presidential election cycle, expenses along the Northeast Corridor Main- Members who would be interested in many Americans felt disenfranchised or even line, and $127,000,000 for quarterly grants for saying we need transportation more worse that their vote was not counted. These general capital improvements: Provided’’ and lingering problems mostly affected minority insert ‘‘$1,044,000,000 for quarterly grants for than we need to be subsidizing some and poor neighborhoods. In response to the capital improvements: Provided, That the States that have not reformed their national outcry for reform, Congress over- Secretary shall not obligate more than system on their own. whelmingly passed the Help America Vote Act $544,000,000 for quarterly grants for general The gentleman’s amendment opens (HAVA) establishing minimum federal stand- capital improvements before October 1, 2004: up that box. I am not trying to take ards for federal elections that include upgrad- Provided further, That no payments of prin- cipal or interest shall be collected during fis- the money we have in the bill for elec- ing voting machines and registration proc- tion reform and move it out elsewhere, cal year 2004 for the direct loan made to the esses. Passage of the bill provided an oppor- National Railroad Passenger Corporation but I think the money we have in the tunity to reform outdated systems and show bill for the modernization of the IRS, under section 502 of the Railroad Revitaliza- the American people and the world that fair tion and Regulatory Reform Act of 1976 (45 for Department of Transportation, and and just elections are important and possible. U.S.C. 822): Provided further’’. for the National Archives should not be The HAVA authorized more than $3 billion Page 157, after line 2, insert the following invaded to put money into the election over five years to improve our election sys- new section: reform pot to be sent around to States. tems, which includes improving voting tech- SEC. 742. Each amount appropriated or oth- With the funding provided in the bill nology. However, the bill before us today only erwise made available by this Act for the De- already, Congress will have appro- appropriates $500 million, leaving states with- partment of the Treasury that is not re- priated $2 billion to date for reforming out resources to make critical systems up- quired to be appropriated or otherwise made the election system in this country. I dates for the upcoming elections this year and available by a provision of law is hereby re- am well aware it is not the same as the in 2004. States deserve the resources to duced by 4 percent. authorized level, but $2 billion is still make a real change. The amendment offered Mr. ISTOOK. Mr. Chairman, I wish to an enormous amount of money. Nearly by the gentleman from Florida, Mr. HASTINGS reserve a point of order. 99 percent of that money has gone or goes a long way to make true election reform The CHAIRMAN pro tempore. The will be going directly to the States for a reality. gentleman from Oklahoma reserves a the improvement of voting systems, in- The Hastings amendment increase funding point of order. cluding the purchase of up-to-date, re- for the implementation of HAVA by $232 mil- Mr. QUINN. Mr. Chairman, I want to liable ballot equipment; $650 million of lion, which will be offset in accounts that do begin this discussion by commending that money has already been obligated. not need the money, this fiscal year. This subcommittee Chairman ISTOOK for his The gentleman, though, wants to ac- money will help restore confidence in this diligence for bringing this bill to the celerate that process. In doing so, it country’s election system. floor today. He and his committee have Mr. Chairman, one of the reasons given for eliminates the $45 million for the De- done their level best with obviously going to war in Iraq was to bring democracy partment of Transportation head- limited resources that he was given to to Iraq. We also must do all we can in this quarters, reduces by $165 million the meet tremendous transportation needs country to preserve the right to vote and pro- critical and already long-overdue re- and infrastructure needs throughout form of the IRS information systems vide the necessary funds to update voting pro- cedures in the United States. Voting is not just the country. accounts so taxpayers can get honest, We need to build roads; there is no accurate, timely, reliable information a right but also a privilege. We must ensure that the voting mechanisms in America are fair question about that. We need to repair about their tax status in this country, bridges. We need to expand the capac- and the $22 million that he wants to and just. The Hastings amendment will help put us ity of our airports, but I do not believe pull out of the National Archives with on the correct path. The world will closely that we can forget about our other their important preservation of the watch the next election to make sure our ac- major mode of transportation and that heritage of the country. tions speak louder than our words. Let this is passenger rail service. The Committee on Appropriations body act with integrity and support the Unfortunately, Mr. Chairman, there has decided to fund these programs at Hastings amendment and renew our commit- is not enough money to go around. In the levels which we have after very ment to establishing federal standards for fed- order to provide safe, efficient, and re- careful consideration and working eral elections and voting an outlined in HAVA. liable passenger rail service, Amtrak closely with the authorizers. As such, I urge all of my colleagues to sup- president David Gunn has said the b 1615 port this worthwhile amendment. company needs $1.8 billion next fiscal The CHAIRMAN pro tempore (Mr. We have funded at the level that was year. This bill appropriates only half of HASTINGS of Washington). The question that. mutually agreed upon. I have not is on the amendment offered by the In my opinion, this will simply con- sought to invade that for transpor- gentleman from Florida (Mr. tinue to do what we have done before, tation needs. Similarly, I would not HASTINGS). want to invade the other portions of The question was taken; and the and I said it earlier this afternoon, we this bill for the election reform. I do Chairman pro tempore announced that will provide Amtrak with just enough not want that carefully crafted com- the noes appeared to have it. money to make sure that it fails. In promise to fall apart, as I believe the Mr. HASTINGS of Florida. Mr. Chair- this case, Mr. Chairman, I think with gentleman’s amendment would cause it man, I demand a recorded vote. even worse results. to do. The CHAIRMAN pro tempore. Pursu- Our railroad subcommittee and the I know that the gentleman offers the ant to clause 6 of rule XVIII, further full Committee on Transportation and amendment in good faith in an honest proceedings on the amendment offered Infrastructure earlier this year passed desire to improve more rapidly the by the gentleman from Florida (Mr. an authorization of $2 billion. Fol- election reform systems in the coun- HASTINGS) will be postponed. lowing that, I organized and sent a let- try, but we should not be hampering AMENDMENT NO. 16 OFFERED BY MR. QUINN ter with over 220 signatures to the ap- the modernization efforts of the other Mr. QUINN. Mr. Chairman, I offer an propriators asking for this same parts of government which are equally amendment. amount of money.

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.104 H04PT1 H7884 CONGRESSIONAL RECORD — HOUSE September 4, 2003 That bill coupled with our bonding tional points. Obviously I agree with Mr. QUINN. Mr. Chairman, I ask proposal to develop high-speed rail cor- the amendment of the gentleman from unanimous consent to strike the last ridors would create the type of pas- New York (Mr. QUINN). We are not word. senger rail network that this country going to win this point. I understood The CHAIRMAN pro tempore. With- needs and has to have. the point of order of the gentleman out objection, the gentleman from New My amendment this afternoon would from Oklahoma (Mr. ISTOOK) and notice York is recognized. raise the level of funding for Amtrak to he is a good friend and a good chairman There was no objection. $1.7 billion and forgive them the $100 and is doing the best job he can with Mr. QUINN. Mr. Chairman, I want to million loan that they received from this particular bill, which is difficult. thank the gentleman from Delaware the Department of Transportation 2 I just have to go back to what we are (Mr. CASTLE) for his remarks, and I years ago. It would provide Amtrak doing in transportation and just ask deeply appreciate the position of the with the necessary capital and funding everybody in leadership and everybody gentleman from Oklahoma (Mr. to make those improvements along that is going to be involved in the ulti- ISTOOK). I realize that this is not the this popular northeast corridor that we mate conference on this to really pay place for this discussion, not only have talked about today as well as attention to what is happening to rail where the discussion should take place track and bridge repairs throughout its service in the United States of America but the decision made. entire system, not just the northeast and to other services in general. Mr. BACA. Mr. Chairman, I rise in support of corridor. I have already indicated in our air- the Quinn Amendment to the Transportation The Senate Transportation Appro- ports, for example, that we have the Appropriations bill for fiscal year 2004. priations Subcommittee just yesterday comptrollers, we have the TSA, and we If we do not pass this amendment, Amtrak passed their version of this bill and in- have billions of dollars of expenses; we is guaranteed to close because of lack of cluded $1.3 billion for Amtrak. While put $15 billion, $15 billion, after 9–11 funding. Amtrak is a valuable resource to this this is a step in the right direction, I into stabilization for our airline indus- nation and to my home state of California. It believe even more needs to be done. try in this country. The request here is carries millions of passengers every year and Mr. Chairman, I am a firm believer $1.8 billion for a significant industry to employes thousands of workers. This nation is that a national passenger rail system allow them to do the infrastructure not in the position to lose such a valuable re- has to be in place. I intend to work which they would have to do in order source. We must continue to fund Amtrak and with the gentleman from Oklahoma to be able to carry out a proper trans- fund it 100 percent. Last year Amtrak shut down because of lack (Chairman ISTOOK) and the full com- portation system. mittee chairman, the gentleman from Let us look at what we have: not a of funding. This bill is certain to close Amtrak’s doors once again this year because it simply Florida (Chairman YOUNG), to increase single passenger rail system in the provides $900 million in funding. That is not the funding for Amtrak in the con- world which operates in a profitable enough to keep Amtrak operating. Amtrak ference negotiations with the Senate. way. Countries with well-developed rail Mr. Chairman, if these numbers hold systems with much smaller popu- needs $1.8 billion in survive. Amtrak is a company that has not been fully that we see today, I will predict disas- lations, such as Germany and Japan, funded since its creation in 1970. We have trous consequences for passenger rail invest $3 billion to $4 billion, while we never given this company the full resources service next year as we know it. are asking for $1.8 billion, $3 billion to that it needs to survive and it is time to Mr. Chairman, I would just like to $4 billion annually on passenger rail, change this. ask a hypothetical question of Mem- which is over 20 percent of their total Amtrak provides a valuable resource to bers on my side of the aisle that next transportation spending. commuters and travelers all over this nation, What happens to the roads there? August when the meeting is held in and yet it only absorbs 1 percent of the fed- The roads free up and people go with New York City I want to know who is eral transportation budget. 1 percent! going to answer the questions when the rail systems. That is what we want Amtrak last year covered nearly 65 percent there is no Amtrak service provided to to do here in the United States of of its own operating costs. No rail system in get to the city and from the city and America. I honestly believe if we give the world is that self funded! It is a good pro- around the city. this a long-term approach, with the gram and it must continue to keep its doors POINT OF ORDER capital improvements, with the main- open. Mr. ISTOOK. Mr. Chairman, I do tenance which is necessary running the We need more job creation right now, not make my point of order against the systems where it should, and with the job elimination. Amtrak employs over 20,000 amendment because it proposes to decisions for efficiency where it is workers. If we allow it to close, what will hap- change existing law and constitutes needed, that we will have a system of pen to these families? How will these families legislation in an appropriation bill, rail in this country for which we can replace the loss of income and the loss of therefore violating clause 2 of rule always be proud. But frankly, if we benefits? Our economy simply isn’t in the po- XXI. continue to try to keep nickel and sition to keep closing doors on workers. That rule states in pertinent part, diming this operation by giving them, In California, 3.5 million people used Amtrak ‘‘An amendment to a general appro- say, $900 million when indeed they need last year. That is 16 percent of its total rider- priation bill shall not be in order if twice that amount of money to run ship! changing existing law.’’ The amend- this, unfortunately we will never get to Amtrak employs over 4000 people in my ment gives affirmative direction in ef- that point. state and represents over $100 million dollars fect, and I ask for a ruling from the We are not going to rescue this in salaries. My state simply cannot afford to Chair. today. Unfortunately, we do not have a see anymore job loss and it cannot afford to Mr. CASTLE. Mr. Chairman, if he large enough body of votes here to be see any more families lose their benefits. would yield to let me speak to this for able to do that necessarily. But the We must think about the consequences of a couple of minutes. bottom line is that at some point this our actions today. We must think about what The CHAIRMAN pro tempore. The Congress and this administration need the abandonment of our national rail system gentleman from Oklahoma may con- to sit down and make that decision, will do to commuters, workers, and families in tinue to reserve his point of order. and hopefully it will be a firm decision this nation. At a time when other nations are Mr. ISTOOK. As long as my point of to make sure that rail is elevated so expanding their intercity passengers rail sys- order is reserved, I have no objection if that it is at the point where it is abso- tems, we should not guarantee the shutdown the gentleman from Delaware (Mr. lutely competitive with other coun- of ours. At a time when Americans are trav- CASTLE) would like to strike the last tries and other transportation systems eling more than ever, we cannot turnour backs word. in the United States of America. I do on affordable transportation. I urge my col- The CHAIRMAN pro tempore. Point hope that we will be able to do that, leagues to support this amendment. of order is reserved. and I would suggest that we would be Mr. QUINN. Mr. Chairman, I ask Mr. CASTLE. Mr. Chairman, I move best served if we did it, and the sooner unanimous consent to withdraw the to strike the last word. I do not want the better. amendment. to wear out my welcome. So I am in support of the amend- The CHAIRMAN pro tempore. Is I did speak to this just a few minutes ment, but also I am in support of mak- there objection to the request of the ago, but there are a couple of addi- ing sure we resolve this problem. gentleman from New York?

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.092 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7885 There was no objection. Finally, the study should determine Ms. HOOLEY of Oregon. Mr. Chair- AMENDMENT NO. 9 OFFERED BY MS. HOOLEY OF the approximate cost for States to ini- man, I demand a recorded vote. OREGON tiate these security features so we can The CHAIRMAN pro tempore. Pursu- Ms. HOOLEY of Oregon. Mr. Chair- determine the impact this would have ant to clause 6 of rule XVIII, further man, I offer an amendment. on State budgets and the feasibility of proceedings on the amendment offered The CHAIRMAN pro tempore. The various approaches from a cost per- by the gentlewoman from Oregon (Ms. Clerk will designate the amendment. spective. HOOLEY) will be postponed. The text of the amendment is as fol- As a matter of national security, we AMENDMENT OFFERED BY MR. KENNEDY OF lows: must take steps to protect our primary MINNESOTA Amendment No. 9 offered by Ms. HOOLEY: source of identification both to protect Mr. KENNEDY of Minnesota. Mr. Page 2, line 8, after the first dollar amount our homeland from terrorist threats Chairman, I offer an amendment. insert the following: ‘‘(increased by and to stem the growing tide of iden- $500,000)’’. The Clerk read as follows: tity theft. This amendment would pro- Page 83, line 7, after the first dollar Amendment offered by Mr. KENNEDY of amount insert the following: ‘‘(reduced by vide the necessary knowledge to ac- Minnesota: $500,000)’’. complish this mission. The additional Page 39, line 1, after the dollar amount, in- Ms. HOOLEY of Oregon. Mr. Chair- funding for the study is offset by a re- sert the following: ‘‘(reduced by man, this amendment is simple and duction of $500,000 out of the adminis- $320,000,000)’’. could go a long ways towards increas- trative account of the Office of Man- Page 39, line 2, after the dollar amount, in- agement and Budget. The CPO has sert the following: ‘‘(reduced by $40,000,000)’’. ing the security of our States’ drivers Page 39, line 3, after the dollar amount, in- licenses, which are the primary means scored this amendment as revenue neu- tral. sert the following: ‘‘(reduced by of photo identification in this country. $273,000,000)’’. These documents are too easily forged, Again, this bill deals with drivers li- Page 39, line 5, after the dollar amount, in- counterfeited, stolen, or improperly censes. It looks at the best practices sert the following: ‘‘(reduced by $7,000,000)’’. distributed. In fact, the Inspector Gen- States can use to secure those drivers Page 61, line 9, after the first dollar eral for the Department of Transpor- licenses, it looks at how we encourage amount, insert the following: ‘‘(increased by tation recently stated that a Maryland States to put this in place, and it de- $2,285,000)’’. DMV employee had pleaded guilty to termines a cost. This is an Page 67, line 3, after the dollar amount, in- antiterrorist amendment. This is an sert the following: ‘‘(increased by falsifying driver licenses for 10 people. $12,250,000)’’. How many of these could have ended up anti-identity theft amendment. I urge my colleagues to protect our citizens Page 67, line 4, after the dollar amount, in- in the hands of terrorists or criminals sert the following: ‘‘(increased by seeking to steal the identity of law- and our national security by sup- $4,250,000)’’. abiding citizens? porting this important amendment. Page 67, line 5, after the dollar amount, in- Drivers licenses are literally the keys Mr. ISTOOK. Mr. Chairman, I rise in sert the following: ‘‘(increased by to the country’s security. With a driv- opposition to the amendment. I cer- $8,000,000)’’. er’s license, when you show your iden- tainly appreciate the good intentions Page 84, line 20, after the dollar amount, of the gentlewoman from Oregon; how- insert the following: ‘‘(increased by tity, you can write a check. When you ever, I cannot support the amendment. $28,790,000)’’. show your driver’s license, you can get We already have, through the Na- Page 85, line 21, after the dollar amount, on a plane; when you show your driv- tional Highway Safety program, a insert the following: ‘‘(increased by er’s license, you can take a tour of the great number of efforts with States re- $276,675,000)’’. White House. In Oregon, a local woman garding their drivers license programs. b 1630 is serving an 11-year sentence in prison There is funding already there. We do Mr. KENNEDY of Minnesota. Mr. because she was finally caught pro- not need another $500,000 study. In fact, ducing counterfeit drivers licenses Chairman, my amendment is simple. It a number of States have already adopt- increases funding for some incredibly right out of her home. ed provisions. For example, my State State DMVs must do a better job of important programs within this bill. of Oklahoma has moved to biometric securing our primary piece of identity, The amendment doubles funding for identifiers, fingerprints, on that. Other the Office of Terrorist Financing and and this $500,000 in funding will allow States have acted through their legis- the Secretary to direct the Department Financial Crimes, the tax counseling latures. for the elderly programs, low-income of Transportation to study and present I think we would be behind the curve tax clinics, and the Office of National recommendations on how we can better if we spent $500,000 of Federal money Drug Control Policy. It also increases secure these crucial documents. I be- on another study at this point. States funding for the high-intensity drug lieve this study should have three are already doing this. We already have trafficking areas program. These in- major goals. money working with the States creases are offset by restoring funding Number one, the study should deter- through appropriations in this bill on mine the best practices that States can their drivers license improvement pro- for Amtrak to the level originally ap- use to secure their drivers licenses grams. And furthermore, we should not proved by the committee. from fraud and theft. Our government take money from the Office of Manage- We have heard a lot about Amtrak has already conducted a great deal of ment and Budget, which has already today, and I support intercity rail research on security measures such as been cut by $14 million in this bill from transit where it can be viable. The gen- biometrics and digital watermarks and the fiscal year 2003 level. tleman from New York (Mr. SWEENEY) other technology that could increase So I think, frankly, that the amend- said that the core of Amtrak was in the the security of state-issued photo iden- ment is behind what is already going northeast corridor, and I am confident tification. In fact, we think the tech- on in the country. It is good, but a with regional support that northeast nology is already there. study is not going to make things hap- corridor can continue to thrive and be Second, the study should determine pen any faster than they are already successful whatever we do at the na- how best to encourage the States to happening in the States, and it will tional level. And where we have even put these measures into place. I under- cost $500,000 of Federal money we do close to the population density of Eu- stand the issuance of license and photo not need to be spending. So I appre- rope that makes sense, but there are identification is the responsibility of ciate the efforts of the gentlewoman too many lines where we are pouring the State, and I do not want to infringe but rise in opposition to the amend- money in as fast as we can in areas on that right. However, given the in- ment. that will never be viable. Given the creasing reliance on all levels of gov- The CHAIRMAN pro tempore. The scarcity of our dollars, we should be fo- ernment and businesses on these docu- question is on the amendment offered cusing on things like high-speed rail or ments, I believe we must act to ensure by the gentlewoman from Oregon (Ms. roads or other forms of transportation that false documents are not used by HOOLEY). which make more sense. terrorists, criminals, or others who The question was taken; and the The simple fact is that Federal sub- would normally be unable to obtain Chairman pro tempore announced that sidies to Amtrak are a poor investment these credentials. the noes appeared to have it. that offer little return. Having done

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.095 H04PT1 H7886 CONGRESSIONAL RECORD — HOUSE September 4, 2003 some research, if we look at the Sunset many of my colleagues know and re- trak has received an average of $1.1 bil- Limited line from Orlando to Los An- spect. From Houston to Los Angeles to lion each year, and at that level of geles, that costs $347; and I found 11 the Appalachian region, from Hawaii to funding they have not been able to different flights that cost less than the New England and throughout the Mid- keep up with capital needs. They have average per passenger loss that the west, this program has helped State had to defer important capital invest- Federal Government subsidizes for that and local official tailor highly special- ments. They have a backlog of $3.8 bil- route. One of those flights was $232, so ized solutions to unique areas of need. lion on infrastructure, $1.1 billion for this means that the Federal Govern- Drug use is a national problem, and we fleet, and $900 million for stations and ment would save $115 per passenger if it need to fund national programs like facilities, so such a level would make it bought every Sunset passenger a the high-intensity drug trafficking pro- impossible to do anything of signifi- round-trip plane ticket as opposed to gram to fight it. My amendment will cance in capital needs. Again, the in- subsidizing the long-haul route one deliver those resources. spector general has estimated that Am- way. Mr. Chairman, the programs funded trak would need $1.5 billion annually We can say the same about the Penn- by my amendment will help the poor for capital needs alone throughout the sylvanian which has a $292 loss per pas- and the elderly with the confusing task system. senger to go from Philadelphia to Chi- of filling out their taxes, will help The president of Amtrak, David cago; a plane ticket would cost $135. We States battle illegal drug use, and help Gunn, the new President and CEO, has would save $157 per passenger. The list law enforcement officials cut off the fi- cut waste, reduced expenses, increased goes on and on. nancial resources terrorists need before revenues, improved Amtrak’s oper- Members do not need to be a CPA to they can act. These are broad, bipar- ations, and he has said that he would understand that when Amtrak’s rate of tisan programs and ones that every need $1.4 billion to $1.8 billion each return is twice that to pay for Amtrak Member should support. I urge my col- year to stabilize the system over the as competing services, which would get leagues to vote for my amendment and next 5 years. That includes the funding people there quicker, this is not where fund these vital national priorities at for upgrading track and bridges and we ought to be prioritizing Federal dol- the highest level possible. tunnels in the northeast corridor, lars. Mr. OLVER. Mr. Chairman, I rise in which is one piece of it which carries a If we look at the areas I am spending opposition to the amendment. huge number of passengers, and runs it in under my proposal, as indicated Mr. Chairman, the whipping boy somewhere fairly close to break even, during debate on the rule and general today seems to be Amtrak on the part except for capital expenditures. debates, the Office of Terrorist Financ- of one group; and there is another The fact here is the amendment is in- ing and Financial Crimes is a new enti- group that feels that the number that tended to terminate the idea of a pas- ty within the Department of Treasury. is there for Amtrak is totally inad- senger rail system in this country. I Its purpose is to provide support to our equate. I am more a part of that group. hope we would not adopt this amend- efforts to combat the funding of ter- The amendment which has been of- ment. I urge a no vote on this amend- rorism and other crimes committed fered by the gentleman from Minnesota ment. within the U.S. and abroad. We know (Mr. KENNEDY) again reverses the ac- Mr. MICA. Mr. Chairman, I move to that terrorism does not work unless tion taken by the Committee on Appro- strike the last word. the terrorists have money, and so it is priations in full committee to provide Mr. Chairman, I came to join the important that we do more to deny the level of funding that the President Amtrak debate. We have a great those who wish to do us harm the had asked for for Amtrak. I happen to amendment before us, proposed by the means to carry out their intentions. believe that is quite inadequate. The gentleman from Minnesota (Mr. KEN- My amendment would also double number that has been proposed now NEDY). I think he is well-intended. It funding for two programs which pro- will strangle, and, by the way, is spe- shows the depth we have sort of sunk vide critical assistance to low-income cifically intended to strangle the very into when the debate on our national and elderly Americans when they pay idea of a national passenger rail sys- rail passenger service has a Member their taxes. The Federal Tax Code is tem for America. I hope that will not come forward and say we are sub- made up of four huge volumes that are be the direction that we take here sidizing $350 a ticket on a losing route, each thicker than the Bible. In fact, today. which serves my area, and it would be the Tax Code is over 7 million words The proposals for increases of fund- better to put the money on a drug re- long. These programs help people with ing where $320 million are used, there habilitation program, for which I prob- a task that is far too burdensome and are 6 of them, I guess, and each one has ably concur. they need more resources. arguments that can be made in favor of I did not come to speak in favor of My amendment also increases fund- it, but the cost of doing that is to re- the amendment, but I think there is a ing for the Office of National Drug Con- duce the funding for Amtrak to the lot of logic if we are going to throw trol Policy and the high-intensity drug point where it absolutely goes belly up. money away on a losing proposition on trafficking program, two vital ele- It is the very end, and is intended to Amtrak the way it is currently con- ments in our Nation’s war on drugs. strangle the passenger rail system. stituted, it would be better to put it on The principal purpose of the Office of As I have pointed out before, the the proposal the gentleman from Min- National Drug Control Policy is to es- level of $900 million is what the Presi- nesota (Mr. KENNEDY) has brought tablish policies, priorities, and objec- dent requested. And even at that level, forth. tives to reduce the illicit drug trade, it is clear that it is not possible to First, let me say I am not an oppo- drug-related crime and drug-related make any inroads in the years of de- nent to national passenger rail service health consequences. From enforce- ferred maintenance and inadequate and increasing actually good service. ment of our drug laws to treatment of capital investment at Amtrak. The In- What we have now is a Soviet-style individuals by the tragic effects of sub- spector General for Transportation had partial government operation of our stance abuse, this program plays a crit- pointed that at that $900 million level, national passenger rail service. We ical role in helping our country fight none of the backlog of capital needs have had reports for as long as I have this terrible problem. As a father of could be addressed at that funding served on the Committee on Transpor- four, I believe the importance of this level. tation and Infrastructure and the Sub- work cannot be understated. We have already heard that 220 Mem- committee on Railroads, for some 11 Finally, we need to do more to help bers of this House of Representatives years, we have got to reform Amtrak. States fight and win their local war on had written the Committee on Appro- The problem is not Amtrak. The drugs. In Minnesota, police have been priations asking for a higher number problem is right here: Congress. Con- battling the devastating problem of than the $900 million level. In fact, the gress has failed to authorize a program methamphetamine production and use. number was $1.8 billion which Amtrak under which we can provide good na- They are in desperate need of assist- asked for, which the new president of tional passenger long-distance service, ance. Amtrak had asked for. a program under which we can provide The high-intensity drug trafficking I just have to point out and remind and catch up with the rest of the world program is a Federal program that Members that over the last 5 years Am- in high-speed service.

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.098 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7887 b 1645 I have listened to this debate now for proceedings on the amendment offered Yes, we need to put the money into more than an hour. I have certainly by the gentleman from Minnesota (Mr. it. But do we want to put the money come to the conclusion that the fact of KENNEDY) will be postponed. into a losing proposition that we would the matter is that the Transportation, The point of no quorum is considered be better off putting it into a drug pro- Treasury and Independent Agencies withdrawn. gram? I heard the gentleman from New Appropriations Act for fiscal year 2004 AMENDMENT OFFERED BY MR. HOLT York (Mr. QUINN). He is very well in- does not adequately fund the National Mr. HOLT. Mr. Chairman, I offer an tended, and he wants to up the amount Railroad Passenger Corporation that amendment. to $1.8 billion. We just heard from the we call Amtrak. As a matter of fact, The Clerk read as follows: ranking member of the subcommittee this bill provides $900 billion for con- Amendment offered by Mr. HOLT: tinued assistance to Amtrak. Page 43, line 22, after the dollar amount, that they have been losing $1.1 billion. insert the following: ‘‘(reduced by The facts are that Amtrak has lost, as Last year, Congress provided just over $1 billion to keep Amtrak running $2,000,000)’’. we heard, $1.1 billion in need of that Page 43, line 23, after the dollar amount, subsidy in addition, but below that through fiscal year 2003. Amtrak now insert the following: ‘‘(reduced by their debt now exceeds $5 billion each estimates that it will need $1.8 billion $2,000,000)’’. year for the past 4 or 5 years. They to maintain existing operations in fis- Page 46, line 9, after the dollar amount, in- have gone into debt, they have hocked cal year 2004. The present bill before us sert the following: ‘‘(increased by $2,000,000)’’. the whole system and even their real is not sufficient to meet Amtrak’s con- tractual obligations for commuter and Page 46, line 10, after the dollar amount, estate assets. So that the debt and the insert the following: ‘‘(increased by depth of problems with Amtrak is far intercity passenger rail service. If Am- $2,000,000)’’. trak is unable to continue its existing greater than what is brought here Mr. HOLT (during the reading). Mr. operations, many commuter railroads today. Chairman, I ask unanimous consent that are dependent upon Amtrak oper- Mr. Gunn is a great administrator, that the amendment be considered as ations would be unable to continue to but he has to administrate the law that read and printed in the RECORD. Congress passed some 30 years ago to provide quality and reliable services to The CHAIRMAN pro tempore. Is do everything as far as passenger serv- their customers. there objection to the request of the Amtrak is a major part of the econ- ice and high-speed service and other gentleman from New Jersey? activities that Amtrak is involved in omy of the city where I live. I live in There was no objection. and nothing gets done well. So you can the city of Chicago, which we call the Mr. HOLT. Mr. Chairman, today I am have the best manager and if Congress transportation capital of the Nation. offering an amendment that would help does not make the changes necessary, Amtrak operates more than 50 trains ensure adequate winter access to Yel- it will not run. He came to us at our into and out of the city of Chicago each lowstone and Grand Teton National subcommittee and said he needed $2 and every day. These include an exten- Parks. billion, first for 5 years, a total of $10 sive network of long-distance trains Yellowstone, America’s premier that provide service to the east and billion. Then he came back and he said park, is being loved to death, and there west coasts, the Gulf of Mexico and he needed $2 billion for 3 years, a total are many Members here who are con- Canada. Amtrak also operates dozens of $6 billion. The maintenance backlog cerned about the effect of vehicular of regional corridor trains to most of Amtrak alone exceeds $6 billion. So pollution, traffic, on Yellowstone Park. major cities in the Midwest. Last year, if you think you are fixing Amtrak by In fact, precisely half of the Members Amtrak carried two million passengers throwing more money at the problem, here recently voted to ban snow ma- to or from Chicago. Nearly 600,000 more you are wrong. It will not solve it be- chines. This amendment, that I have boarded Amtrak trains at other sta- cause they are losing more than $2 bil- before the body at the moment, would tions within Illinois. lion a year if you add in the debt. Just do nothing with the number or type of Amtrak employs 2,075 individuals in snowmobiles allowed in the park. It is their debt payment is a quarter of a Chicago. And of those employees, 897 not unrelated. As I point out, half of billion dollars a year. Plus, they have a were actually Chicago residents. In cal- the House voted to ban snowmobiles, retirement fund obligation which ex- endar year 2002, the total wages of Am- and all of those Members should sup- ceeds $7 billion. trak employees living in the city of port this amendment. Some, who voted What we need to do is reorganize Am- Chicago were approximately $37.7 mil- otherwise because there was insuffi- trak, and Congress needs to organize it lion. Should Amtrak not be able to cient alternative transportation avail- so we have high-speed service and long- continue its operations, imagine the distance service. And we do it right, we able, should also support this. negative impact this would have on the Since that discussion a few weeks just do not throw money at the prob- people of Chicago and the people who ago, there is new information. The En- lem. I would favor $60 billion towards live in that region, the people who vironmental Protection Agency, hav- national passenger rail service and work for Amtrak, and the thousands of ing done tests shows that the new gen- high-speed, or $100 billion, because we people all over the country who look eration of snowmobiles approved for need that alternative. And in the end, to, expect and need Amtrak as their use in Yellowstone Park after being it is cost effective to concrete and ce- primary mode of transportation, even promoted as cleaner and quieter, in ment and roads and other alternatives to and from work every day. that we are faced with. So it is cost ef- I oppose this amendment because I fact, emit more pollution. Said a fective, but who wants to give Amtrak think it goes in the wrong direction, spokesman for Yellowstone Park, ‘‘We more responsibility for high-speed and I would certainly support the Olver started all this in good faith. We based service? amendment to increase Amtrak fund- our decision on the fact that the ma- The Acela program, we gave them ing by $500 million rather than cut it in chines would continue to be cleaner billions, billions of dollars, and they any way, shape, form or fashion. and quieter and the industry would blew it. The contract is in litigation. The CHAIRMAN pro tempore (Mr. work toward that end.’’ In fact, none of They bought equipment that does not HASTINGS of Washington). The question the new machines tested by the EPA fit the chassis, and it runs 82 to 83 is on the amendment offered by the meet the park’s standards. They are miles per hour. Is that high-speed serv- gentleman from Minnesota (Mr. KEN- dirtier than before. ice? Even under our national definition NEDY). What I am trying to do is to see that of high-speed rail, it does not meet The question was taken; and the we have adequate access to Yellow- that criteria. Let us reform Amtrak Chairman pro tempore announced that stone Park whether my colleagues sup- and let us solve the problem. Let us the ayes appeared to have it. port snowmobiles or not. There exists not throw money at the problem. Mr. OLVER. Mr. Chairman, I demand now some multipassenger vehicles for Mr. DAVIS of Illinois. Mr. Chairman, a recorded vote, and pending that, I access in the snow, over the snow, into I move to strike the requisite number make the point of order that a quorum the park. They range from the old-fash- of words. is not present. ioned, and I would say classy, red Bom- Mr. Chairman, I rise in opposition to The CHAIRMAN pro tempore. Pursu- bardier vehicles to the newer models the Kennedy of Minnesota amendment. ant to clause 6 of rule XVIII, further adapted from Ford Econoline vans.

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.107 H04PT1 H7888 CONGRESSIONAL RECORD — HOUSE September 4, 2003 Just this year, the new prototype of But I do not know the ramifications of poses to add $500 million or nearly that snow coaches has been unveiled. These it all, and I certainly would not want sum of money, in my case exactly $500 new vehicles are environmentally to be shifting around within a bill that million, to this legislation for Amtrak friendly and can run on diesel, gas, has such tight funding as we have, $2 and would bring their total funding to compressed natural gas or ethanol. And million to go out of the general trans- $1.4 billion. The amendment does this they include big windows and a fabric portation purposes and into a specialty by reducing the size of the tax cut for top that folds back so passengers can use in Yellowstone National Park, al- those earning more than $1 million of get a good look around. What is more, though I think that is a good question taxable income by less than 3 percent, the vehicles can be lowered to accom- for the Interior Committee. from an average of $88,000 to an aver- modate disabled individuals. This But I am interested in learning more, age of $85,500 or about $2,500 on aver- means that people who could not enjoy working with the gentleman, and I age, which represents less than 3 per- Yellowstone Park’s winter beauty be- think the whole House needs to con- cent of the size of that tax reduction. fore can now fully experience these na- sider his interest. But I cannot agree to The chairman has already reserved a tional treasures. support the amendment, unfortu- point of order, and I would like to just The Federal Transit Administration, nately. point out that I would have supported in a private-public partnership along Mr. HOLT. Mr. Chairman, will the the amendment being offered by the with the Heart Corporation of Michi- gentleman yield? gentleman from New York, who is the gan, Idaho National Engineering and Mr. ISTOOK. I yield to the gen- chairman of the Railroads Sub- Environmental Laboratory, the U.S. tleman from New Jersey. committee of the Committee on Trans- Department of Energy and the Na- Mr. HOLT. It is precisely because portation and Infrastructure, had it tional Park Service have designed and those single-passenger and dual-pas- not been for the way the offsets come. developed this new prototype. My senger vehicles to which the chairman So here we are with a substantial amendment is intended to provide $2 refers do not meet the environmental number of people, and it probably million for the Park Service to use 12 guidelines of the National Park Service comes to all of those 220 Members, both new coaches of this type. that the Transit Administration and Republicans and Democrats, a good As I said, this amendment, I believe, others have developed these multipas- smattering of both parties, who sent a should be acceptable to everyone. Any- senger vehicles which do emit less pol- letter to appropriators asking for sup- one here in this body who voted to ban lution per passenger, per recreation en- port for requests of $1.8 billion for Am- snowmobiles from Yellowstone should thusiast. So, in fact, they would be a trak; and the gentleman from New support this. Anyone here who voted substitute. York (Mr. QUINN) and I in two different against the ban on snowmobiles should With regard to the point that this ways have offsets that neither he could also support this because it provides al- would be used in Yellowstone Park, support mine nor could I support his, ternative means of travel. yes, indeed they would. In fact, all but it goes to show that there is a sub- Mr. Chairman, I would ask that the mass transit is used somewhere, where stantial number of people who really committee consider approving this people are, where people want to trav- do believe in the concept of a national transfer of funds within the Federal el, and that is an appropriate use of, I passenger rail system, and that is not Transit Administration for this impor- think, the Transit funds. But with the what we are going to have in the direc- tant purpose in our major, premier na- chairman’s assurance that we can con- tion that we are going. tional park. tinue this discussion, I would be I just want to comment also that the Mr. ISTOOK. Mr. Chairman, I move pleased to withdraw my amendment at gentleman from Florida (Chairman to strike the last word. this time. MICA) of the Subcommittee on Avia- Mr. Chairman, I certainly appreciate Mr. ISTOOK. I thank the gentleman. tion has indicated, and I think this is the efforts of the gentleman from New The CHAIRMAN pro tempore. With- what I heard, that he thinks it would Jersey and his focus on this issue. I re- out objection, the amendment is with- be appropriate to do perhaps as much gret that I cannot agree to the amend- drawn. as a $90 billion program on high-speed ment, because I know he has devoted a There was no objection. rail, and I am a supporter of high-speed lot of time to it, but for a couple of AMENDMENT OFFERED BY MR. OLVER rail as well and will probably if we get reasons. One, of course, is that the Na- Mr. OLVER. Mr. Chairman, I offer an the opportunity vote for that because tional Park Service customarily has its amendment. high-speed rail in appropriate places is appropriations through the Interior The Clerk read as follows: something that might well be done. Department Appropriation bill. As Amendment offered by Mr. OLVER: But high-speed rail is never going to be much as some people may consider it Page 39, line 10, insert before the colon the a substitute for a national passenger mass transit in Yellowstone, I do not following: rail system. That is not possible under think that fits the normal definition of : Provided further, That, in addition to the amounts otherwise provided under this head- high-speed rail, and I would point out the work of the Federal Transit Ad- ing, for grants to the National Railroad Pas- that if we are talking about doing $90 ministration. But I look forward to senger Corporation, $500,000,000: Provided fur- billion in capital funding for a high- working with the gentleman to learn ther, That, in the case of taxpayers with ad- speed rail system, which under cir- more about the issue and see what we justed gross income in excess of $1,000,000 for cumstances I certainly will support, we might be able to improve on it and con- the tax year beginning in 2003, the amount of are now talking about instead being sider his request in whatever is the ap- tax reduction resulting from enactment of unable to provide merely the $1.5 bil- propriate committee. the Jobs and Growth Tax Relief Reconcili- lion per year which the transportation I also feel compelled to point out, it ation Act of 2003 (Pub. L. 108–27) shall be re- duced by 2.8 percent. IG, Ken Mead, says is necessary to has come to my attention, an article make our present effort at a national reported today through the Los Ange- b 1700 passenger rail system function. les Times News Service, and I will just Mr. OLVER (during the reading). Mr. So we have to keep in mind that we read the first sentence of that par- Chairman, I ask unanimous consent are talking about a huge sum of money ticular article, which says, ‘‘A new that the amendment be considered as for doing some high-speed rail when we generation of snowmobiles approved read and printed in the RECORD. cannot even figure out how to do a na- for use in Yellowstone National Park The CHAIRMAN pro tempore (Mr. tional passenger rail system which after being promoted as cleaner and HASTINGS of Washington). Is there ob- would on a per-year basis cost no more quieter, emit more pollution than mod- jection to the request of the gentleman than 10 percent of what is being pro- els produced 2 years ago, according to from Massachusetts? posed for a high-speed rail program, a test data from the Environmental Pro- There was no objection. set of initiatives that will not come tection Agency.’’ I do not know on the Mr. ISTOOK. Mr. Chairman, I wish to anywhere close to providing for such a particular vehicles that the gentleman reserve a point of order against the national passenger rail system. is promoting whether they are actually amendment. My amendment, with the increase to covered by this particular study or not, Mr. OLVER. Mr. Chairman, my $1.4 billion a year, would provide maybe they are, maybe they are not. amendment is one of those that pro- money so that Amtrak can begin to

VerDate jul 14 2003 05:35 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.109 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7889 tackle the years of deferred mainte- add it up. Their deferred maintenance it is localized, it is controlled by local nance and inadequate capital invest- is over $5 billion. What are we going to entities. But Amtrak happens to be a ment that has been the history of Am- do in this, a couple hundred million system that travels interstate. I can- trak for quite a number of years, and I dollars at most? Their debt is a quarter not imagine, on the basis of jobs, on would just point out that no large pri- of a billion, plus they have been hock- the basis of transportation, and on the vate or public intercity passenger rail ing the family jewels to keep this thing basis of security that we would not system in the world has been profitable operating. So the problem is us. want to be responsible in funding Am- or been able to survive without sub- I do not mind a high-speed corridor trak. stantial public subsidy. When national that makes sense. Honest to goodness, I realize that these are difficult ques- governors no longer want to support and I know a lot of people here are law- tions. I will be on the floor shortly such intercity rail service, the rail yers and we have got politicians and with a very difficult question. But the service disappears; and Amtrak was they cannot figure it out, but a route question should be answered in favor of created because private companies from Washington to New York that the people. I believe my amendment were unable to make a profit on pas- truly went high speed, 125 miles an should be answered in favor of the peo- senger rail. And if we believe in a na- hour as defined by law or whatever we ple who have voiced their opinions. tional passenger rail system, then we have, that got people there in less than Amtrak has a constituency that in are going to have to start by dealing 2 hours, my goodness, even the people many instances cannot do without it. with a national passenger rail system. from Wall Street have said that is a I happen to be some distance away Mr. MICA. Mr. Chairman, I move to winner. That will make money. They from the eastern corridor, but I can as- strike the last word. cannot figure that out in Washington. sure the Members that in Texas, the I had not planned to talk, but since They want subsidization of a Soviet- Texas 21 organization that has any my name was brought up in the debate style passenger service and impose it in number of Texas transit organizations in some comments about my com- a high-speed corridor. Does that make involved happens to have a very favor- ments, I thought it was important to sense? able position on Amtrak and the need respond. Yes, these projects can make sense if for passenger travel. In fact, in Texas, First, again, I view myself as a we look at them from a business stand- where we are very far away in our dif- strong advocate of national passenger point or a taxpayer standpoint as to ferent cities and hamlets and counties rail system; but we need a system that how we are spending the money. So let because we are a very big State, some- makes sense, a system that serves us take a deep breath. We are not going times rail travel may be the only vehi- areas that need to be served and re- to solve Amtrak’s problem with $1.1 cle. It does not mean in any way that quire the service, and if we want to billion, with $1.4 billion, or with $2.4 we intend to diminish our very able have losing routes across the country, billion; and I guarantee the Members, intra, which is now interstate, airlines there is no problem. We subsidize avia- and I have got all the reports from the or locally based airlines. tion. We subsidize roads. We subsidize last several years, we will be back here I happen to think the world of South- every form of transportation. Let us again with the same debate no matter west Airlines that was based initially have a transparent subsidization. Let how much money we give them today if on travel within our State, but I be- us subsidize the transportation at the we do not solve the basic fundamental lieve they could be complementary to lowest possible cost to the taxpayer, organizational, administrative prob- the extent that we can find an effective and let us also bring in partners from lems and service problems that Amtrak and efficient way to ensure that Am- those areas who want the service. If is facing. So that is the story, the long trak uses Federal dollars correctly but they want service and they want to and the short of it. that we do not sacrifice the needs of subsidize it $350 a ticket, God bless Ms. JACKSON-LEE of Texas. Mr. the public because we are not willing them. They should have that service, Chairman, I move to strike the req- to participate in our responsibility. and if they are willing to pay for part uisite number of words. I think this is a reasonable approach. of that, maybe we will pay part of it Mr. Chairman, I rise to support the This is where we should be debating too. gentleman’s amendment, and it follows this question. The resources are re- But we have to look at, for one thing, the discussion and my support for pre- sources that we can find, Mr. Chair- the taxpayers’ pocketbook here. The serving dedicated funding for transpor- man, simply by repealing the Presi- fact is, again, I do not know how to tation enhancements with goals to en- dent’s tax cut and investing in the in- make this any clearer to my col- suring that community-based projects frastructure of this country. We al- leagues, Amtrak was given by Congress are supported at the local level. And ready realize that infrastructure is the mandate to run national passenger the reason why I tie the two together crumbling, as evidenced by the very se- service. They have had that mandate. in our support for Amtrak is that all rious blackout that we had just a cou- They have gotten into high-speed serv- these projects point to the public re- ple of weeks ago. That is infrastruc- ice. Can we tell the finances of Am- sponsibility for transportation. We ture. Public transit is infrastructure. trak? I would venture to say if we know that on the floor of the House And it would make a lot of sense to re- looked at the Enron report and Enron today we are not debating the involve- invest in infrastructure. loss-of-investor money, we are talking ment of the public sector. We want to I support this amendment, and I about losses of taxpayers’ billions of be efficient. We want to be responsible would hope my colleagues would find a dollars, five point X billion dollars in as it relates to Federal dollars; but way to err on the side of supporting the last 5, 6 years that they have lost, when we discuss matters on the floor of passenger travel by rail. we cannot tell the finances. This com- the House, we are suggesting what the mittee cannot tell us the finances. I public and Federal roles should be. b 1715 just asked the staff for information It is well known that transportation Ms. DELAURO. Mr. Chairman, I move about the finances of Amtrak. itself is a public entity and responsi- to strike the requisite number of So I have identified the problem. The bility, whether it goes to fixing our words. problem is Congress, because we have freeways and highways and bypasses Mr. Chairman, I rise in strong sup- failed to put together a plan to provide and bridges, which we all realize is an port of the Olver amendment. Let me national passenger service that makes important component of now the Com- talk about my home State of Con- sense. We have failed to put together mittee on Homeland Security, a com- necticut, where Amtrak service is a corridors for high-speed service. mittee on which I serve. Then we can- vital component of daily life, as it is to The question comes to us should we not doubt the fact that all aspects of thousands of cities and towns. The give Amtrak more money, and if we transportation, whether it is trucking same is true all along the East Coast. give them $1.4 billion, can they do the or when it is utilization of our high- Over 1 million Connecticut citizens job? If we give them $1.8 billion, can ways and freeways by cars, of individ- rely on Amtrak annually; 411,000 in my they do the job? Two billion dollars, uals who travel over Federal roadways, hometown of New Haven. People rely can they do the job? It is ‘‘no,’’ by any whether or not it is the airlines or on Amtrak to commute to work to New stretch of financial accounting. Just whether or not it is the train system, if York City. They rely on Amtrak to

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.112 H04PT1 H7890 CONGRESSIONAL RECORD — HOUSE September 4, 2003 bring commerce and tourism into cit- putting in the dollars needed for rail languish with coming up with a high- ies without a commuter airline service. travel and its maintenance. way bill, a major transportation bill, In the Northeast, people travel Am- Support Amtrak and vote for the the toll that the lack of such rail pas- trak because it quite simply is the Olver amendment. senger service would have on our high- most convenient and time-efficient Mr. MENENDEZ. Mr. Chairman, I ways, on our bridges, on our roads. The method of traveling from city to city, move to strike the requisite number of consequences would be enormous. That alleviating heavy rush-hour traffic words. is not factored into the value that Am- which is faced by so many commuters Mr. Chairman, I rise to support the trak provides us; the commerce that today. In doing so, it is a major con- distinguished ranking member’s takes place by those who travel tributor in reducing emissions that amendment for a critical part of the through passenger rail, to be able to contribute to respiratory illnesses like Nation’s transportation infrastructure. conduct commerce and research and asthma, and it helps to keep the air There are so many ways in which one development as those companies along clean and our children healthy. could look at the preservation of Am- the northeast corridor participate If you have ever been on the I–95 cor- trak in terms of national interests. I throughout the corridor and visit and ridor, you will know that it does not would like to talk first about one of do business; for those in the financial make any difference what time of day those, and that is on security. services community; and the con- you are traveling that road by car, it is After September 11, we learned very sequence on the environment as well always jammed. For us, being able to clearly on that fateful day, and my dis- from adding all of those other forms of alleviate some of that problem by put- trict sits right across from midtown transportation that would have to take ting people on trains would be well Manhattan, that it was the redundancy the place of passenger rail, the more worth an investment. of different transportation modes when cars, and that which is produced Amtrak means jobs as well. Nearly everything else was shut down that ul- through Amtrak that may in fact have 700 employees are in Connecticut. Am- timately allowed people to escape from to be carried by trucking. trak owns and operates a rail yard in that tragedy, because we had a redun- So, ultimately, this has a series of ef- New Haven, Connecticut where mainte- dancy of transportation modes. fects on the Nation’s economy, on the nance and equipment repair take place. We saw that again very recently Nation’s security, on the environment Given the continual underfunding of again in the blackout; that but for the and the quality of life for people who Amtrak, over 100 cars in the fleet re- redundancy of transportation modes, are served by Amtrak. main sidelined waiting for repair due people would not have been able to get Mr. Chairman, we have those Mem- to inadequate capital. home and to be safe. bers who just simply do not understand Deferred maintenance on all Amtrak So, at a time in which corporate that this is as crucial as subsidies are locomotives and passenger cars has re- America looks to have redundancy in to agricultural parts of the country, as duced reliability, revenue, and raised their corporate headquarters and oper- dams may be to some parts of the costs, further hindering overall finan- ations, we as a government should be country. This is crucial to significant cial performance. looking at how do we have a redun- elements of the country for its secu- I speak from experience as a dedi- dancy of transportation modes in order rity, for its transportation needs, for cated Amtrak traveler. For 13 years I to ensure the vitality of our country its commerce, for its environment. have frequently commuted between and the safety of its citizens. Amtrak That is why the gentleman’s amend- Connecticut and Washington, D.C. Am- is one of those elements of that vital- ment makes eminent sense. He moves trak represents the best of what public ity and of that redundancy, and we an amount just sufficient to keep Am- transportation has to offer: conven- need to ensure that it is preserved. trak alive in doing so, and he does so ience, comfort and efficiency. Now, under the appropriations bill by taking from those who already have Sadly, though, for over 3 decades, that is before the House, if it were to so much and who were given so much funding for America’s passenger rail- become law, in essence that would re- more, taking a small amount to ensure road has barely been enough to keep sult in the immediate shutdown of Am- that the many who need this transpor- the system operating on a year-to-year trak, which would be catastrophic for tation service can achieve it. basis, which prevents it from meeting rail passengers that rely on Amtrak’s I urge a ‘‘yes’’ vote on the amend- its longer-term public service mission, operation in the northeast corridor, as ment. not to mention its capital obligations. well as those passengers who use Am- Mr. CULBERSON. Mr. Chairman, I Mr. Chairman, this country and its trak for long-distance intercity travel. move to strike the requisite number of transportation system was created and The Nation faced that prospect during words. its vision was a bold and daring vision, the summer of 2002, and it was nar- Mr. MICA. Mr. Chairman, will the where people invested in infrastructure rowly averted by a Federal loan and gentleman yield? and made it possible for people to go supplemental appropriation. We do not Mr. CULBERSON. I yield to the gen- from coast to coast, from city to city, need to suffer such a needless transpor- tleman from Florida. by rail, to transmit goods by rail, and tation crisis again. Mr. MICA. Mr. Chairman, I just want it was visionary on the part of those The long-term effects of Amtrak’s to put into the RECORD, since we are who invested in that effort. demise would be just as severe. The having this Amtrak debate, a couple of That needs to happen with this insti- States and municipalities who benefit, facts relating to the service of Amtrak, tution. It needs to be visionary in un- for example, the northeast corridor and I will be very brief. derstanding what the infrastructure service, would have to scramble to re- Amtrak’s long-distance service needs are with regard to rail travel. place it at a time when those States record, just one example: From Boston Pruning or eliminating the long-dis- are in fiscal distress. The communities to Albany, in 1936 the B&M Minute- tance network will not make Amtrak only served by Amtrak’s long-distance man, it took 4 hours 50 minutes to go profitable. Failure to provide the nec- trains would lose service altogether, from Boston to Albany. That is before essary funds will not only mean the with no realistic chance of that serv- Amtrak. In 2003, Amtrak Lakeshore suspension of Amtrak service in the ice’s restoration. Limited goes from Boston to Albany in busy northeast corridor, but the likely Put simply, the shutdown of Amtrak 5 hours. permanent loss of its long-distance is something that cannot be allowed to Then I just wanted to also make cer- trains. It will not only strand thou- happen, and the way that this bill tain that we have in this debate, we sands of commuters around the Nation, funds Amtrak clearly would lead to talked about subsidizing the losses. it will also mean the loss of produc- that reality if it became law with this This is the Amtrak Reform Council, tion, the loss of millions of dollars for appropriation. which we put in place in 1997 I believe communities and companies in the Now, in addition to security and hav- it was, to look at reforming Amtrak, areas it services. That simply is unac- ing different modes of transportation coming up with a proposal, which has ceptable. It should be unacceptable. We to get people to their destinations in a so far been ignored, for restructuring need to embark on that bold vision time of heightened security concerns, the five routes with the most losses that those folks of yesteryear had in we also look at, as we are trying to and the amount estimated per rider

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.115 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7891 loss: From Los Angeles to Chicago is a Bell Graves Miller (MI) Velazquez Watson Whitfield Bereuter Green (TX) Miller (NC) Visclosky Watt Wilson (NM) $236.76 subsidy, a loss; from Chicago to Berkley Green (WI) Miller, Gary Walden (OR) Weiner Wolf New York we lose $244.69 per passenger; Berman Greenwood Miller, George Walsh Weldon (PA) Wu from San Antonio to Chicago, we lose Berry Grijalva Moore Wamp Weller Wynn $258.25; from Chicago to Philadelphia, Biggert Gutierrez Moran (KS) Waters Wexler Young (FL) Bilirakis Gutknecht Moran (VA) we only lost $292.34 cents; and from Los Bishop (GA) Hall Murtha NOES—90 Angeles to Orlando, to serve my area, Bishop (NY) Harman Nadler Aderholt Everett Oxley we only lose $347.45. Blumenauer Harris Napolitano Akin Feeney Paul I thought that would be appropriate Boehlert Hastings (FL) Neal (MA) Ballenger Flake Pearce Bonner Hayes Nethercutt Barrett (SC) Franks (AZ) to read into the RECORD at this time. Pombo Bono Hefley Ney Barton (TX) Garrett (NJ) Putnam POINT OF ORDER Boozman Hill Norwood Bishop (UT) Goss Rehberg Boswell Hinchey Oberstar Blackburn Hart Rogers (KY) The CHAIRMAN. Does the gentleman Boucher Hinojosa Obey Blunt Hastings (WA) Rohrabacher from Oklahoma insist on his point of Boyd Hoeffel Olver Boehner Hayworth Ros-Lehtinen Bradley (NH) Hoekstra Ortiz Bonilla Hensarling order? Royce Brady (PA) Holden Osborne Brady (TX) Herger Mr. ISTOOK. Mr. Chairman, I do in- Ryun (KS) Brown (OH) Holt Owens Brown-Waite, Hobson sist upon my point of order, because Brown (SC) Honda Pallone Ginny Istook Sensenbrenner the amendment proposes to change ex- Brown, Corrine Hooley (OR) Pascrell Burton (IN) Johnson, Sam Sessions isting law and constitutes legislation Burgess Hostettler Pastor Cannon Jones (NC) Shadegg Smith (MI) in an appropriation bill, therefore vio- Burns Houghton Pelosi Cantor King (IA) Burr Hoyer Pence Chabot Kingston Smith (TX) lating clause 2 of rule XXI. The amend- Buyer Hulshof Peterson (MN) Coble Kline Sweeney ment modifies existing powers and du- Calvert Hunter Peterson (PA) Cole Kolbe Tancredo ties. Camp Hyde Petri Collins Lewis (CA) Tauzin Capito Inslee Pitts Cox Manzullo Taylor (NC) I ask for a ruling from the Chair. Capps Isakson Platts Crenshaw McKeon Thornberry The CHAIRMAN. Does any other Capuano Israel Pomeroy Culberson Miller (FL) Tiahrt Member wish to speak on the point of Cardin Issa Porter Davis, Jo Ann Murphy Tiberi order? Cardoza Jackson (IL) Portman Davis, Tom Musgrave Toomey Carson (IN) Jackson-Lee Price (NC) DeLay Neugebauer Turner (OH) If not, the Chair is prepared to rule. DeMint Carson (OK) (TX) Pryce (OH) Northup Vitter Doolittle Nunes The Chair finds that this amendment Carter Jefferson Quinn Weldon (FL) Dreier Nussle Case Jenkins Radanovich Wicker indirectly amends existing law. The Dunn Ose Castle Johnson (CT) Rahall Wilson (SC) amendment therefore constitutes legis- Chocola Johnson (IL) Ramstad Emerson Otter lation in violation of clause 2 of rule Clay Johnson, E. B. Renzi NOT VOTING—17 XXI. Clyburn Jones (OH) Reyes The point of order is sustained and Conyers Kanjorski Reynolds DeGette Mollohan Rodriguez Cooper Kaptur Rogers (AL) Gephardt Myrick Roybal-Allard the amendment is not in order. Costello Keller Rogers (MI) Janklow Payne Waxman SEQUENTIAL VOTES POSTPONED IN COMMITTEE Cramer Kelly Ross John Pickering Woolsey OF THE WHOLE Crane Kennedy (MN) Rothman Kucinich Rangel Young (AK) Crowley Kennedy (RI) Ruppersberger Linder Regula The CHAIRMAN. Pursuant to clause Cubin Kildee Rush 6 of rule XVIII, proceedings will now Cummings Kilpatrick Ryan (OH) resume on those amendments on which Cunningham Kind Ryan (WI) b 1749 further proceedings were postponed in Davis (AL) King (NY) Sabo Davis (CA) Kirk Sanchez, Linda Mr. BONILLA, Mrs. EMERSON, and the following order: The amendment Davis (FL) Kleczka T. Messrs. MURPHY, COX, and BURTON offered by Mr. PETRI of Wisconsin; Davis (IL) Knollenberg Sanchez, Loretta of Indiana changed their vote from Amendment No. 25 offered by Mr. Davis (TN) LaHood Sanders ‘‘aye’’ to ‘‘no.’’ Deal (GA) Lampson Sandlin ANCREDO T of Colorado; Amendment No. DeFazio Langevin Saxton Messrs. GIBBONS, FORBES, ALEX- 4 offered by Mr. HASTINGS of Florida; Delahunt Lantos Schakowsky ANDER, BURR, and BALLANCE Amendment No. 9 offered by Ms. DeLauro Larsen (WA) Schiff changed their vote from ‘‘no’’ to ‘‘aye.’’ HOOLEY of Oregon; and the amendment Deutsch Larson (CT) Schrock Diaz-Balart, L. Latham Scott (GA) So the amendment was agreed to. offered by Mr. KENNEDY of Minnesota. Diaz-Balart, M. LaTourette Scott (VA) The result of the vote was announced The Chair will reduce to 5 minutes Dicks Leach Serrano as above recorded. the time for any electronic vote after Dingell Lee Shaw the first vote in this series. Doggett Levin Shays ANNOUNCEMENT BY THE CHAIRMAN Dooley (CA) Lewis (GA) Sherman The CHAIRMAN. Pursuant to clause AMENDMENT OFFERED BY MR. PETRI Doyle Lewis (KY) Sherwood 6 of rule XVIII, the remainder of this The CHAIRMAN. The pending busi- Duncan Lipinski Shimkus Edwards LoBiondo Shuster series will be conducted as 5-minute ness is the demand for a recorded vote Ehlers Lofgren Simmons votes. on the amendment offered by the gen- Emanuel Lowey Simpson tleman from Wisconsin (Mr. PETRI) on Engel Lucas (KY) Skelton AMENDMENT NO. 25 OFFERED BY MR. TANCREDO English Lucas (OK) Slaughter The CHAIRMAN. The pending busi- which further proceedings were post- Eshoo Lynch Smith (NJ) poned and on which the ayes prevailed Etheridge Majette Smith (WA) ness is the demand for a recorded vote by voice vote. Evans Maloney Snyder on amendment No. 25 offered by the The Clerk will designate the amend- Farr Markey Solis gentleman from Colorado (Mr. Fattah Marshall Souder ment. Ferguson Matheson Spratt TANCREDO) on which further pro- The Clerk designated the amend- Filner Matsui Stark ceedings were postponed and on which ment. Fletcher McCarthy (MO) Stearns the noes prevailed by voice vote. Foley McCarthy (NY) Stenholm RECORDED VOTE Forbes McCollum Strickland The Clerk will designate the amend- The CHAIRMAN. A recorded vote has Ford McCotter Stupak ment. been demanded. Fossella McCrery Sullivan The Clerk designated the amend- Frank (MA) McDermott Tanner A recorded vote was ordered. Frelinghuysen McGovern Tauscher ment. The vote was taken by electronic de- Frost McHugh Taylor (MS) RECORDED VOTE vice, and there were—ayes 327, noes 90, Gallegly McInnis Terry Gerlach McIntyre Thomas The CHAIRMAN. A recorded vote has not voting 17, as follows: Gibbons McNulty Thompson (CA) been demanded. [Roll No. 469] Gilchrest Meehan Thompson (MS) A recorded vote was ordered. Gillmor Meek (FL) Tierney AYES—327 Gingrey Meeks (NY) Towns The CHAIRMAN. This will be a 5- Abercrombie Baca Ballance Gonzalez Menendez Turner (TX) minute vote. Ackerman Bachus Bartlett (MD) Goode Mica Udall (CO) The vote was taken by electronic de- Alexander Baird Bass Goodlatte Michaud Udall (NM) Allen Baker Beauprez Gordon Millender- Upton vice, and there were—ayes 90, noes 322, Andrews Baldwin Becerra Granger McDonald Van Hollen not voting 22, as follows:

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.117 H04PT1 H7892 CONGRESSIONAL RECORD — HOUSE September 4, 2003 [Roll No. 470] McHugh Portman Solis The vote was taken by electronic de- McIntyre Price (NC) Souder vice, and there were—ayes 186, noes 228, AYES—90 McKeon Pryce (OH) Spratt Aderholt Flake Miller, Gary McNulty Putnam Stark not voting 20, as follows: Akin Franks (AZ) Musgrave Meehan Quinn Stearns [Roll No. 471] Baker Gingrey Neugebauer Meek (FL) Rahall Stenholm Barrett (SC) Goss Northup Meeks (NY) Rehberg Strickland AYES—186 Bartlett (MD) Graves Otter Menendez Renzi Stupak Abercrombie Grijalva Michaud Barton (TX) Green (WI) Paul Mica Reyes Sweeney Ackerman Gutierrez Millender- Beauprez Gutknecht Pearce Michaud Reynolds Tanner Alexander Gutknecht McDonald Bilirakis Hastings (WA) Pence Millender- Rogers (AL) Tauscher Allen Hall Miller (MI) Bishop (UT) Hayworth Peterson (PA) McDonald Rogers (KY) Tauzin Andrews Harman Miller (NC) Blackburn Hefley Petri Miller (MI) Rogers (MI) Taylor (MS) Baca Harris Miller, George Blunt Hensarling Pombo Miller (NC) Ros-Lehtinen Taylor (NC) Baird Hastings (FL) Murtha Brady (TX) Herger Radanovich Miller, George Ross Thomas Baldwin Hill Nadler Moore Rothman Burgess Hostettler Ramstad Thompson (CA) Ballance Hinchey Napolitano Moran (KS) Ruppersberger Cannon Hunter Rohrabacher Thompson (MS) Beauprez Hinojosa Neal (MA) Moran (VA) Rush Cantor Isakson Royce Tiberi Becerra Hoeffel Owens Murphy Ryan (OH) Carter Istook Ryan (WI) Tierney Bell Holt Pallone Murtha Sabo Chabot Jenkins Ryun (KS) Towns Berkley Honda Pascrell Nadler Sanchez, Linda Chocola Johnson, Sam Sensenbrenner Turner (OH) Berry Hooley (OR) Paul Coble Jones (NC) Shadegg Napolitano T. Bishop (GA) Houghton Pelosi Neal (MA) Sanchez, Loretta Turner (TX) Collins Keller Smith (MI) Udall (CO) Bishop (NY) Inslee Peterson (MN) Cox Kennedy (MN) Smith (TX) Nethercutt Sanders Blumenauer Israel Rahall Ney Sandlin Udall (NM) Crane King (IA) Sullivan Upton Boswell Jackson (IL) Ramstad Cubin Kingston Tancredo Norwood Saxton Van Hollen Boyd Jackson-Lee Ros-Lehtinen Culberson Kline Terry Nunes Schakowsky Velazquez Brady (PA) (TX) Ross Cunningham Lewis (KY) Thornberry Nussle Schiff Visclosky Brown (OH) Jefferson Ruppersberger DeLay Linder Toomey Oberstar Schrock Walden (OR) Brown, Corrine Johnson, E. B. Rush DeMint McCotter Vitter Obey Scott (GA) Walsh Capps Jones (OH) Ryan (OH) Diaz-Balart, M. McCrery Wamp Olver Scott (VA) Waters Cardoza Kanjorski Sanchez, Linda Duncan McInnis Wicker Ortiz Serrano Watson Carson (IN) Kaptur T. Everett Miller (FL) Wilson (SC) Osborne Shaw Watt Carson (OK) Kennedy (MN) Sanchez, Loretta Ose Shays Case Kennedy (RI) Sanders Weiner NOES—322 Owens Sherman Clay Kildee Sandlin Weldon (FL) Oxley Sherwood Clyburn Kilpatrick Schakowsky Abercrombie Davis (CA) Hobson Weldon (PA) Pallone Shimkus Conyers Kind Schiff Ackerman Davis (FL) Hoeffel Weller Pascrell Shuster Cooper Kleczka Scott (GA) Alexander Davis (IL) Hoekstra Wexler Pastor Simmons Crowley Kline Scott (VA) Allen Davis (TN) Holden Whitfield Pelosi Simpson Cummings LaHood Shaw Andrews Davis, Jo Ann Holt Wilson (NM) Peterson (MN) Skelton Davis (AL) Lampson Sherman Baca Davis, Tom Honda Wolf Pitts Slaughter Davis (CA) Langevin Skelton Bachus Deal (GA) Hooley (OR) Wu Platts Smith (NJ) Davis (FL) Lantos Slaughter Baird DeFazio Houghton Wynn Pomeroy Smith (WA) Davis (IL) Larsen (WA) Smith (WA) Baldwin Delahunt Hoyer Porter Snyder Young (FL) Ballance DeLauro Hulshof Davis (TN) Leach Snyder Ballenger Deutsch Hyde NOT VOTING—22 DeFazio Lee Solis Bass Delahunt Levin Stark Diaz-Balart, L. Inslee DeGette Lynch Roybal-Allard Becerra Dicks Israel Deutsch Lewis (GA) Stenholm Eshoo Mollohan Sessions Bell Dingell Issa Diaz-Balart, L. Lofgren Strickland Feeney Myrick Tiahrt Dingell Lowey Stupak Bereuter Doggett Jackson (IL) Gephardt Payne Berkley Dooley (CA) Jackson-Lee Waxman Doggett Lucas (KY) Tanner Janklow Pickering Woolsey Dooley (CA) Lynch Tauscher Berman Doolittle (TX) John Rangel Berry Doyle Jefferson Young (AK) Doyle Majette Terry Kucinich Regula Duncan Maloney Thompson (CA) Biggert Dreier Johnson (CT) Lipinski Rodriguez Bishop (GA) Dunn Johnson (IL) Edwards Markey Thompson (MS) Emanuel Marshall Tierney Bishop (NY) Edwards Johnson, E. B. ANNOUNCEMENT BY THE CHAIRMAN Blumenauer Ehlers Jones (OH) Engel Matheson Towns Boehlert Emanuel Kanjorski The CHAIRMAN (during the vote). Eshoo Matsui Turner (TX) Boehner Emerson Kaptur Members are advised there are 2 min- Etheridge McCarthy (MO) Udall (CO) Bonilla Engel Kelly utes remaining in this vote. Evans McCarthy (NY) Udall (NM) Bonner English Kennedy (RI) Fattah McCollum Upton Bono Etheridge Kildee b 1757 Filner McDermott Van Hollen Boozman Evans Kilpatrick Foley McGovern Velazquez Boswell Farr Kind Mr. GINGREY changed his vote from Frank (MA) McHugh Visclosky Boucher Fattah King (NY) ‘‘no’’ to ‘‘aye.’’ Frost McIntyre Waters Gillmor McNulty Watt Boyd Ferguson Kirk So the amendment was rejected. Bradley (NH) Filner Kleczka Gonzalez Meehan Weiner Brady (PA) Fletcher Knollenberg The result of the vote was announced Goodlatte Meek (FL) Wexler Brown (OH) Foley Kolbe as above recorded. Gordon Meeks (NY) Wu Brown (SC) Forbes LaHood Stated against: Green (TX) Menendez Wynn Brown, Corrine Ford Lampson Brown-Waite, Fossella Langevin Mr. LYNCH. Mr. Chairman, on rollcall No. NOES—228 Ginny Frank (MA) Lantos 470 had I been present, I would have voted Aderholt Burgess Davis, Tom Burns Frelinghuysen Larsen (WA) ‘‘no.’’ Akin Burns Deal (GA) Burr Frost Larson (CT) Bachus Burr DeLauro Burton (IN) Gallegly Latham AMENDMENT NO. 4 OFFERED BY MR. HASTINGS Baker Burton (IN) DeLay Buyer Garrett (NJ) LaTourette OF FLORIDA Ballenger Buyer DeMint Calvert Gerlach Leach The CHAIRMAN. The pending busi- Barrett (SC) Calvert Diaz-Balart, M. Camp Gibbons Lee ness is the demand for a recorded vote Bartlett (MD) Camp Dicks Capito Gilchrest Levin Barton (TX) Cantor Doolittle Capps Gillmor Lewis (CA) on the amendment offered by the gen- Bass Capito Dreier Capuano Gonzalez Lewis (GA) tleman from Florida (Mr. HASTINGS) on Bereuter Capuano Dunn Cardin Goode LoBiondo which further proceedings were post- Biggert Cardin Ehlers Cardoza Goodlatte Lofgren Bilirakis Carter Emerson Carson (IN) Gordon Lowey poned and on which the noes prevailed Bishop (UT) Castle English Carson (OK) Granger Lucas (KY) by voice vote. Blackburn Chabot Everett Case Green (TX) Lucas (OK) The Clerk will redesignate the Blunt Chocola Farr Castle Greenwood Majette amendment. Boehlert Coble Feeney Clay Grijalva Maloney Boehner Cole Ferguson Clyburn Gutierrez Manzullo The Clerk redesignated the amend- Bonilla Collins Flake Cole Hall Markey ment. Bonner Costello Fletcher Conyers Harman Marshall Bono Cox Forbes RECORDED VOTE Cooper Harris Matheson Boozman Cramer Fossella Costello Hart Matsui The CHAIRMAN. A recorded vote has Boucher Crane Franks (AZ) Cramer Hastings (FL) McCarthy (MO) been demanded. Bradley (NH) Crenshaw Frelinghuysen Crenshaw Hayes McCarthy (NY) A recorded vote was ordered. Brady (TX) Cubin Gallegly Crowley Hill McCollum Brown (SC) Culberson Garrett (NJ) Cummings Hinchey McDermott The CHAIRMAN. This will be a 5- Brown-Waite, Cunningham Gerlach Davis (AL) Hinojosa McGovern minute vote. Ginny Davis, Jo Ann Gibbons

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.050 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7893 Gilchrest McCrery Rothman The vote was taken by electronic de- Doolittle Johnson, Sam Putnam Gingrey McInnis Royce vice, and there were—ayes 213, noes 203, Dreier Keller Quinn Goode McKeon Ryan (WI) Duncan Kennedy (MN) Radanovich Goss Mica Ryun (KS) not voting 18, as follows: Dunn King (IA) Ramstad Granger Miller (FL) Sabo [Roll No. 472] Ehlers King (NY) Rehberg Graves Miller, Gary Saxton Emerson Kingston Reynolds Green (WI) Moore Schrock AYES—213 English Kirk Rogers (AL) Greenwood Moran (KS) Everett Kline Sensenbrenner Abercrombie Harman Neal (MA) Rogers (KY) Hart Moran (VA) Feeney Knollenberg Serrano Ackerman Hastings (FL) Ney Rogers (MI) Hastings (WA) Murphy Ferguson Kolbe Sessions Alexander Hill Oberstar Rohrabacher Hayes Musgrave Flake LaHood Shadegg Allen Hinchey Obey Ros-Lehtinen Hayworth Nethercutt Fletcher Latham Ryan (WI) Shays Andrews Hinojosa Olver Hefley Neugebauer Foley Leach Ryun (KS) Sherwood Baca Hoeffel Ortiz Hensarling Ney Forbes Lewis (CA) Saxton Shimkus Bachus Holden Owens Herger Northup Fossella Lewis (KY) Baird Holt Pallone Schrock Hobson Norwood Shuster Franks (AZ) Linder Baldwin Honda Pascrell Sensenbrenner Hoekstra Nunes Simmons Frelinghuysen LoBiondo Ballance Hooley (OR) Pastor Sessions Holden Nussle Simpson Gallegly Lucas (OK) Becerra Hoyer Pelosi Shadegg Hostettler Oberstar Smith (MI) Garrett (NJ) Manzullo Bell Hulshof Peterson (MN) Shays Hoyer Obey Smith (NJ) Gerlach McCotter Berkley Hunter Pomeroy Sherwood Hulshof Olver Smith (TX) Gibbons McCrery Berry Inslee Porter Shimkus Hunter Ortiz Souder Gilchrest McInnis Bishop (GA) Israel Price (NC) Shuster Hyde Osborne Spratt Gillmor McKeon Bishop (NY) Jackson (IL) Rahall Simmons Isakson Ose Stearns Gingrey Mica Blumenauer Jackson-Lee Renzi Simpson Issa Otter Sullivan Goode Miller (FL) Boswell (TX) Reyes Smith (MI) Istook Oxley Goodlatte Miller (MI) Sweeney Boucher Jefferson Ross Smith (NJ) Jenkins Pastor Goss Miller, Gary Tancredo Brady (PA) Johnson, E. B. Rothman Smith (TX) Johnson (CT) Pearce Granger Moran (KS) Tauzin Brown (OH) Jones (NC) Royce Souder Johnson (IL) Pence Graves Murphy Taylor (MS) Brown, Corrine Jones (OH) Ruppersberger Sullivan Johnson, Sam Peterson (PA) Greenwood Musgrave Taylor (NC) Capps Kanjorski Rush Sweeney Jones (NC) Petri Gutknecht Nethercutt Thomas Capuano Kaptur Ryan (OH) Tauzin Keller Pitts Harris Neugebauer Thornberry Cardin Kelly Sabo Taylor (NC) Kelly Platts Hart Northup Tiahrt Cardoza Kennedy (RI) Sanchez, Linda Terry King (IA) Pombo Hastings (WA) Norwood Tiberi Carson (IN) Kildee T. Thomas King (NY) Pomeroy Hayes Nunes Toomey Carson (OK) Kilpatrick Sanchez, Loretta Thornberry Kingston Porter Hayworth Nussle Tiahrt Turner (OH) Carter Kind Sanders Kirk Portman Hefley Osborne Tiberi Vitter Case Kleczka Sandlin Knollenberg Price (NC) Hensarling Ose Turner (OH) Walden (OR) Clay Lampson Schakowsky Kolbe Pryce (OH) Herger Otter Clyburn Langevin Schiff Upton Larson (CT) Putnam Walsh Hobson Oxley Conyers Lantos Scott (GA) Vitter Latham Quinn Wamp Hoekstra Paul Cooper Larsen (WA) Scott (VA) Walsh LaTourette Radanovich Weldon (FL) Hostettler Pearce Costello Larson (CT) Serrano Wamp Lewis (CA) Rehberg Weldon (PA) Houghton Pence Cox LaTourette Shaw Weldon (FL) Lewis (KY) Renzi Weller Hyde Peterson (PA) Cramer Lee Sherman Weller Linder Reyes Whitfield Isakson Petri Crowley Levin Skelton Whitfield Lipinski Reynolds Wicker Issa Pitts Cummings Lewis (GA) Slaughter Wicker LoBiondo Rogers (AL) Wilson (NM) Istook Platts Davis (AL) Lipinski Smith (WA) Wilson (NM) Lucas (OK) Rogers (KY) Wilson (SC) Jenkins Pombo Davis (CA) Lofgren Snyder Wilson (SC) Manzullo Rogers (MI) Wolf Johnson (CT) Portman Davis (FL) Lowey Solis Wolf McCotter Rohrabacher Young (FL) Johnson (IL) Pryce (OH) Davis (IL) Lucas (KY) Spratt Young (FL) NOT VOTING—20 Davis (TN) Lynch Stark NOT VOTING—18 DeFazio Majette Stearns Berman Kucinich Rodriguez Delahunt Maloney Stenholm Berman Kucinich Regula Cannon Mollohan Roybal-Allard DeLauro Markey Strickland Cannon Mollohan Rodriguez DeGette Myrick Watson Deutsch Marshall Stupak DeGette Myrick Roybal-Allard Ford Payne Waxman Dicks Matheson Tancredo Gephardt Payne Waxman Gephardt Pickering Woolsey Dingell Matsui Tanner Janklow Pickering Woolsey Janklow Rangel Young (AK) Doggett McCarthy (MO) Tauscher John Rangel Young (AK) John Regula Dooley (CA) McCarthy (NY) Taylor (MS) ANNOUNCEMENT BY THE CHAIRMAN Doyle McCollum Thompson (CA) ANNOUNCEMENT BY THE CHAIRMAN The CHAIRMAN (during the vote). The CHAIRMAN (during the vote). Edwards McDermott Thompson (MS) Emanuel McGovern Tierney There are 2 minutes remaining in this There are 2 minutes remaining on this Engel McHugh Toomey vote. vote. Eshoo McIntyre Towns Etheridge McNulty Turner (TX) b 1813 b 1805 Evans Meehan Udall (CO) Mr. DUNCAN changed his vote from Mr. LARSON of Connecticut changed Farr Meek (FL) Udall (NM) Fattah Meeks (NY) Van Hollen ‘‘aye’’ to ‘‘no.’’ his vote from ‘‘aye’’ to ‘‘no.’’ Filner Menendez Velazquez Mr. TANCREDO and Mr. ROYCE Mr. DOGGETT changed his vote from Ford Michaud Visclosky changed their vote from ‘‘no’’ to ‘‘aye.’’ ‘‘no’’ to ‘‘aye.’’ Frank (MA) Millender- Walden (OR) Frost McDonald Waters So the amendment was agreed to. So the amendment was rejected. Gonzalez Miller (NC) Watson The result of the vote was announced The result of the vote was announced Gordon Miller, George Watt as above recorded. as above recorded. Green (TX) Moore Weiner AMENDMENT OFFERED BY MR. KENNEDY OF AMENDMENT NO. 9 OFFERED BY MS. HOOLEY OF Green (WI) Moran (VA) Weldon (PA) Grijalva Murtha Wexler MINNESOTA OREGON Gutierrez Nadler Wu The CHAIRMAN. The pending busi- The CHAIRMAN. The pending busi- Hall Napolitano Wynn ness is the demand for a recorded vote ness is the demand for a recorded vote on the amendment offered by the gen- NOES—203 on the amendment offered by the gen- tlewoman from Oregon (Ms. HOOLEY) Aderholt Bonner Castle tleman from Minnesota (Mr. KENNEDY) Akin Bono Chabot on which further proceedings were on which further proceedings were Baker Boozman Chocola postponed and on which the noes pre- Ballenger Boyd Coble postponed and on which the ayes pre- vailed by voice vote. Barrett (SC) Bradley (NH) Cole vailed by voice vote. The Clerk will redesignate the Bartlett (MD) Brady (TX) Collins The Clerk will designate the amend- Barton (TX) Brown (SC) Crane ment. amendment. Bass Brown-Waite, Crenshaw The Clerk redesignated the amend- Beauprez Ginny Cubin The Clerk designated the amend- ment. Bereuter Burgess Culberson ment. Biggert Burns Cunningham RECORDED VOTE RECORDED VOTE Bilirakis Burr Davis, Jo Ann The CHAIRMAN. A recorded vote has Bishop (UT) Burton (IN) Davis, Tom The CHAIRMAN. A recorded vote has been demanded. Blackburn Buyer Deal (GA) been demanded. A recorded vote was A recorded vote was ordered. Blunt Calvert DeLay ordered. Boehlert Camp DeMint The CHAIRMAN. This is a 5-minute Boehner Cantor Diaz-Balart, L. The CHAIRMAN. This is a 5-minute vote. Bonilla Capito Diaz-Balart, M. vote.

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.051 H04PT1 H7894 CONGRESSIONAL RECORD — HOUSE September 4, 2003 The vote was taken by electronic de- LoBiondo Pallone Simmons The CHAIRMAN. The gentleman will vice, and there were—ayes 89, noes 325, Lofgren Pascrell Simpson state his point of order. Lowey Pastor Skelton not voting 20, as follows: Lucas (KY) Paul Slaughter Mr. MICA. Mr. Chairman, I make a [Roll No. 473] Lucas (OK) Pearce Smith (NJ) point of order against the phrase, in Lynch Pelosi Smith (WA) quotes, Notwithstanding section AYES—89 Majette Peterson (MN) Snyder 3037(l)(3) of Public Law 105–178, as Akin Green (WI) Osborne Maloney Pitts Solis Manzullo Platts amended, end quotes, beginning on Barrett (SC) Gutknecht Ose Spratt Markey Pomeroy Bartlett (MD) Hastings (WA) Otter Stark page 51, line 12. This phrase waives the Marshall Porter Barton (TX) Hayworth Pence Stenholm statutory distribution of funds speci- Matheson Portman Beauprez Hefley Peterson (PA) Strickland fied in TEA–21 for the job access and Blackburn Hensarling Matsui Price (NC) Stupak Petri McCarthy (MO) Pryce (OH) reverse commute grants program. In Brady (TX) Herger Pombo Sweeney Burgess Hostettler McCarthy (NY) Putnam Tanner doing so it makes possible report lan- Ramstad McCollum Quinn Burr Hunter Tauscher Ros-Lehtinen McDermott Radanovich guage earmarking of projects that Cantor Isakson Royce Tauzin under section 3037(g) of TEA–21 must be Carter Istook McGovern Rahall Ryan (WI) Taylor (NC) Chabot Jenkins McHugh Rehberg selected on a competitive basis. Ryun (KS) Thomas Chocola Johnson, Sam McInnis Renzi Sensenbrenner Thompson (CA) In addition, it negates the formula Coble Jones (NC) McKeon Reyes Sessions McNulty Reynolds Thompson (MS) allocation of the program based on Collins Keller Tiberi Cox Kennedy (MN) Shadegg Meehan Rogers (AL) community size as is required by sec- Smith (MI) Meek (FL) Rogers (KY) Tierney Crane King (IA) Toomey tion 3037(l)(3) of TEA–21. This blanket Smith (TX) Meeks (NY) Rogers (MI) Cubin Kline Towns waiver is legislative in nature and in Souder Menendez Rohrabacher Culberson Lewis (KY) Turner (OH) Stearns Michaud Ross violation of rule XXI. DeLay Linder Turner (TX) Sullivan Millender- Rothman The CHAIRMAN. Do any Members DeMint McCotter Udall (CO) Tancredo McDonald Ruppersberger Diaz-Balart, L. McCrery Udall (NM) wish to be heard on the point of order? Taylor (MS) Miller (NC) Rush Diaz-Balart, M. McIntyre Upton Mr. ISTOOK. Mr. Chairman, we Terry Miller, George Ryan (OH) Doolittle Mica Van Hollen Thornberry Moore Sabo would concede the point of order. Everett Miller (FL) Velazquez Tiahrt Moran (KS) Sanchez, Linda The CHAIRMAN. The point of order Flake Miller (MI) Visclosky Wamp Moran (VA) T. Fletcher Miller, Gary Vitter is conceded and sustained. The cited Franks (AZ) Musgrave Weldon (FL) Murphy Sanchez, Loretta Murtha Sanders Walden (OR) language is stricken from the bill. Gingrey Neugebauer Wicker Walsh Graves Northup Wilson (SC) Nadler Sandlin The Clerk will read. Napolitano Saxton Waters The Clerk read as follows: NOES—325 Neal (MA) Schakowsky Watson Nethercutt Schiff Watt GENERAL PROVISIONS—FEDERAL TRANSIT Abercrombie Cooper Grijalva Ney Schrock Weiner AUTHORITY Ackerman Costello Gutierrez Norwood Scott (GA) Weldon (PA) SEC. 160. The limitations on obligations for Aderholt Cramer Hall Nunes Scott (VA) Weller Alexander Crenshaw Harman Nussle Serrano Wexler the programs of the Federal Transit Admin- Allen Crowley Harris Oberstar Shaw Whitfield istration shall not apply to any authority Andrews Cummings Hart Obey Shays Wilson (NM) under 49 U.S.C. 5338, previously made avail- Baca Cunningham Hastings (FL) Olver Sherman Wolf able for obligation, or to any other authority Bachus Davis (AL) Hayes Ortiz Sherwood Wu previously made available for obligation. Baird Davis (CA) Hill Owens Shimkus Wynn SEC. 161. Notwithstanding any other provi- Baker Davis (FL) Hinchey Oxley Shuster Young (FL) Baldwin Davis (IL) Hinojosa sion of law, and except for fixed guideway Ballance Davis (TN) Hobson NOT VOTING—20 modernization projects, funds made avail- Ballenger Davis, Jo Ann Hoeffel Berman John Regula able by this Act under ‘‘Federal Transit Ad- Bass Davis, Tom Hoekstra Cannon Kucinich Rodriguez ministration, Capital investment grants’’ for Becerra Deal (GA) Holden DeGette Mollohan Roybal-Allard projects specified in this Act or identified in Bell DeFazio Holt Gephardt Myrick Waxman reports accompanying this Act not obligated Bereuter Delahunt Honda Gordon Payne Woolsey Berkley DeLauro Hooley (OR) by September 30, 2006, and other recoveries, Granger Pickering Young (AK) shall be made available for other projects Berry Deutsch Houghton Janklow Rangel Biggert Dicks Hoyer under 49 U.S.C. 5309. Bilirakis Dingell Hulshof ANNOUNCEMENT BY THE CHAIRMAN SEC. 162. Notwithstanding any other provi- Bishop (GA) Doggett Hyde The CHAIRMAN (during the vote). sion of law, any funds appropriated before Bishop (NY) Dooley (CA) Inslee Members are advised there are 2 min- October 1, 2003, under any section of chapter Bishop (UT) Doyle Israel 53 of title 49, United States Code, that re- Blumenauer Dreier Issa utes remaining in this vote. Blunt Duncan Jackson (IL) main available for expenditure may be trans- Boehlert Dunn Jackson-Lee b 1821 ferred to and administered under the most Boehner Edwards (TX) So the amendment was rejected. recent appropriation heading for any such Bonilla Ehlers Jefferson The result of the vote was announced section. Bonner Emanuel Johnson (CT) SEC. 163. None of the funds in this Act shall Bono Emerson Johnson (IL) as above recorded. The CHAIRMAN. There being no fur- be made available for the design, construc- Boozman Engel Johnson, E. B. tion, or maintenance of any segment of a Boswell English Jones (OH) ther amendments to this portion of the light rail system in Houston that has not Boucher Eshoo Kanjorski bill, the Clerk will read. Boyd Etheridge Kaptur been specifically approved by a majority of Bradley (NH) Evans Kelly The Clerk read as follows: the participating voters in the Houston Met- Brady (PA) Farr Kennedy (RI) JOB ACCESS AND REVERSE COMMUTE GRANTS ropolitan Transit Authority service area in a Brown (OH) Fattah Kildee referendum. Brown (SC) Feeney Kilpatrick Notwithstanding section 3037(l)(3) of Public Brown, Corrine Ferguson Kind Law 105–178, as amended, for necessary ex- AMENDMENT OFFERED BY MS. JACKSON-LEE OF Brown-Waite, Filner King (NY) penses to carry out section 3037 of the Fed- TEXAS Ginny Foley Kingston eral Transit Act of 1998, $17,000,000, to remain Ms. JACKSON-LEE of Texas. Mr. Burns Forbes Kirk available until expended: Provided, That no Chairman, I offer an amendment. Burton (IN) Ford Kleczka more than $85,000,000 of budget authority The Clerk read as follows: Buyer Fossella Knollenberg shall be available for these purposes: Pro- Calvert Frank (MA) Kolbe Amendment offered by Ms. JACKSON-LEE of vided further, That up to $200,000 of the funds Camp Frelinghuysen LaHood Texas. provided under this heading may be used by Capito Frost Lampson Beginning on page 52, strike line 22 and all the Federal Transit Administration for tech- Capps Gallegly Langevin that follows through page 53, line 2. Capuano Garrett (NJ) Lantos nical assistance and support and perform- Cardin Gerlach Larsen (WA) ance reviews of the Job Access and Reverse Ms. JACKSON-LEE of Texas. Mr. Cardoza Gibbons Larson (CT) Commute Grants program. Chairman, I thank my colleagues for Carson (IN) Gilchrest Latham Carson (OK) Gillmor LaTourette POINT OF ORDER indulging us on what I believe is a Case Gonzalez Leach The CHAIRMAN. For what purpose point that can be embraced by all of Castle Goode Lee does the gentleman from Florida (Mr. my friends and colleagues and Mem- Clay Goodlatte Levin MICA) rise? bers of this body on both sides of the Clyburn Goss Lewis (CA) Cole Green (TX) Lewis (GA) Mr. MICA. Mr. Chairman, I wish to aisle. It is a simple point, Mr. Chair- Conyers Greenwood Lipinski raise a point of order on this section. man, that we are asking for, and I

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.127 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7895 might in this very costly bill which I All I am asking my colleagues to do is Mr. Chairman, I rise in opposition to happen to support, let me suggest to to eliminate the redundant language in this amendment. I understand why the my colleagues that I am not asking for this legislation, section 163, that has proponent of the amendment has of- any money nor am I asking for any no basis in purpose. It is not instruc- fered it. Most of the proposed rail in Member to intrude in local matters. tive because we have already agreed by Houston would be built in her district In fact, this has to do with the Hous- board authority, by ordinance, the re- to the exclusion of most of the suburbs ton rail system that many Members quirement to have a referendum. All and the rest of the region participating who have been here for a period of this does is confuse both Members of in the rail system. So this is a very years have had the pleasure of hearing Congress and agencies that will ulti- controversial issue, and this bill tries debated over a long, extended time mately have to interpret this language to make sure that the people on the frame. and try to understand what they were local level will have a voice in what I could have come to the floor of the saying in Houston, Texas. Are we di- will be proposed and ultimately will House of Representatives and offered vided, are we confused, and that is not ask for Federal funds. an amendment to change the frame- the case. The voters of Houston/Harris Section 163 of this bill actually pro- work which has been established in the County in the State of Texas will have hibits Houston Metro from using funds local community. Right now we have a the authority of going forward at that to build a light rail system until a spe- plan that will be put on a November 4, time. cific plan is approved in a local ref- 2003 ballot, an election plan, that indi- There was a point made at one of the erendum. After all, the city’s people cates that the first stage of building a board meetings, Mr. Chairman, where will bear the brunt of the multi-billion- rail in Houston would be 22 miles. there was an issue regarding when the dollar price tag, so they should have a I could have offered an amendment to referendum would be held, whether say in whether the project moves for- suggest to instruct my local authority there was a rush to have a referendum. ward. to have it be 39 miles. But I prefer, Mr. It was responded to by the very pro- This is a huge financial burden for Chairman, to go to my local authority ponent that there is no Federal re- the people of the Houston area, many and engage in debate and discourse and quirement causing Metro to rush to- of whom I represent. The project’s ulti- work it through the community. Why ward a referendum. By the very same mate usefulness is still uncertain. That is that? Because the local Metro board token, there is no Federal requirement is why the Transportation Appropria- has proceeded through the community for language to be in this appropria- tions bills for each of the last 4 years, and engaged all of the voters on a very tions bill dealing with a local issue which this amendment’s author voted simple question, the question of wheth- such as the Houston Metro plan. There for, have included similar provisions to er or not we will have rail in Houston, is no Federal requirement to have lan- guarantee affected residents the right Texas, and whether or not we will se- guage instructing us to have a ref- to have their voice heard in this mat- cure or attempt to secure Federal fund- erendum when we have already decided ter. It is also why the gentleman from ing. to do so. Again, my colleagues, I have Texas (Mr. CULBERSON) and I worked closely with officials at Houston Metro b 1830 come not to ask for more money. I hope that we will get in a posture to do when we were writing this provision to All of what has occurred over the last so. I have come not to implode the de- give Metro flexibility should the voters year should be a compliment and a cisions of the local community because approve the light rail project. tribute to local involvement. The I will choose, as many of my colleagues The referendum that we are talking Houston Metro Board, chaired by Ar- will choose to do, to work locally with about is scheduled for this November, thur Schecter, has held a number of the mayor, the county government, the and the current proposal on the ballot hearings throughout the community. Metro Board and the business commu- begs many questions. For instance, if, They have held a number of board nity on that issue as well as the citi- as studies conclude, new jobs and peo- meetings of which they have voted on a zens of that area. ple are moving in droves to the Hous- 72-mile program for the Houston/Harris I would simply say that I would ask ton suburbs, why would we spend bil- County area. my amendment to be accepted by my lions of dollars on a centralized, down- Again, let me emphasize to my col- colleagues because of the necessity of town rail system? Is a multi-billion- leagues, I ask you for nothing but to this legislation. dollar light rail system the best use of remove the language that is a limita- Mr. ISTOOK. Mr. Chairman, I move our resources when studies conclude tion that suggests that no action can to strike the last word. that new roads, highway lanes and bus- be taken unless Houston/Harris County Mr. Chairman, I appreciate the gen- ing systems have been less costly and has a referendum. Mr. Chairman, we tlewoman from Houston and her argu- more effective than light rail around have already agreed to have a ref- ments. However, I rise in opposition to the country? With an ever-sprawling erendum. There is a time certain and a the amendment. If a referendum is population, will light rail be conven- date certain upon which that ref- scheduled in Harris County, then if the ient enough to attract commuters? erendum will be held, November 4, 2003. voters in Harris County approve it, And finally, an important question The chairman of the committee, Mr. they have satisfied the requirements of Metro has not answered yet, how does Chairman, Chairman Schecter, said the the language in the bill. However, if we a massively expensive light rail sys- entire community must address this remove the language in the bill and the tem, accounting for a small fraction of issue now, that is transit. The commu- voters say no, then they are not pro- area trips, fit into Houston’s long-term nity can no longer afford to be divided. tected from anyone seeking to do an 100 percent mobility plan? Chairman Schecter stated that other end run. The language in the bill mere- I do not have all the answers, but areas in the Nation are making signifi- ly assures that the will of the voters neither does the author of the amend- cant strides in transit development and will prevail. If the voters have a ref- ment. Patience has been our policy for we must do the same. He noted that by erendum and the referendum says yes, 4 years, and I think it makes sense for the way of a resolution, 99–105, the they have satisfied the conditions in another 2 months. Metro Board adopted a 21st century, the bill, and there is no limitation. Vote ‘‘no’’ on the amendment and high-capacity transit vision which pro- However, if the voters have a ref- make sure that the people of Houston vided a conceptual framework of devel- erendum and they say no, then all that have their voices heard. opment of high-capacity transit in our the language in the bill does is to give Mr. BELL. Mr. Chairman, I move to major travel corridors. meaning to what the voters said and to strike the requisite number of words. In addition, we will have a specific give assurance that the will of the peo- Mr. Chairman, I rise to ask what I and direct ballot issue on the Novem- ple will prevail. think is a very fair question. Why is ber election. I would also like to say I oppose the amendment by the gen- the Federal Government telling the that the Houston Partnership, our tlewoman from Texas and ask that it city of Houston that it has to have yet chamber has just yesterday agreed to be defeated. another referendum on rail in order to be supportive of this effort and reiter- Mr. DELAY. Mr. Chairman, I move to get Federal rail funding that has been ated that we will have a referendum. strike the requisite number of words. offered without any type of election to

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.132 H04PT1 H7896 CONGRESSIONAL RECORD — HOUSE September 4, 2003 every other major American city? We resolution, a very expansive, if you Ms. JACKSON-LEE of Texas. Mr. have already had one referendum in will, effort by our community. Chairman, will the gentleman yield? Houston on rail, and we are going to I think this impacts all of us and the Mr. CULBERSON. I yield to the gen- have another in November as mandated decision should be left to those of tlewoman from Texas. by Texas State law. There is simply no whom will be impacted. Ms. JACKSON-LEE of Texas. Mr. need whatsoever to have similar lan- Mr. BELL. Mr. Chairman, the gentle- Chairman, the gentleman made a point guage included in this Transportation woman is absolutely correct. It is all of cost and made a point that this Appropriations bill we are considering about local control. If we are going to amendment would strike the ref- here today. So I am rising in support of be serious about being in favor of local erendum. Let me correct the record. this amendment which strikes that control, then this amendment defi- The community board, Metro Board, language. nitely deserves a ‘‘yes’’ vote. has voted to have a duly authorized Why is it necessary to continue to Mr. CULBERSON. Mr. Chairman, I election and referendum on November single out the city of Houston on rail move to strike the requisite number of 4, 2003. This is redundant and unneces- funding issues in Federal legislation? It words. sary, and we have collaborated in makes absolutely no sense. I think it is Mr. Chairman, I rise to join the Houston, as my good colleague and a travesty that anyone would go out of chairman and our majority leader in friend knows, where we have even gen- his way to add language to the Appro- opposition to this amendment because erated the support of the Partnership, priations bill that specifically targets the language in the Appropriations we have given the voters a chance to Houston and try once again to deny our bill, which this amendment would make their own decision, and I invite community the Federal funding it des- strike, simply guarantees the people of my friends on the other side of the perately needs to break the gridlock. Houston the opportunity not only to aisle to vote for local emphasis and What happened to the concept of local vote and approve any rail system in local impact and local decision. control that we hear the Republicans Houston, but this language also assures Mr. CULBERSON. If I could, reclaim- so often trumpet as their greatest the people of Houston that they will be ing my time, this is not the place to cause in life? told on the ballot where specifically debate the merits of this plan. Would In the end, this amendment is not the rail lines would be built. the gentlewoman debate me in Houston about whether or not you support rail. I worked this language, developed on the merits of this plan? It is about local control. Let us give and wrote this language in careful co- Ms. JACKSON-LEE of Texas. I think the city of Houston the local control it operation with the Metro authorities. that we will have that opportunity as deserves to determine its own course Metro’s representative here in Wash- the election proceeds. just as we give every other city in the ington signed off and approved of this Mr. CULBERSON. I look forward to United States that right. The language language. They were comfortable with that opportunity. in this bill is unnecessary and solely it. I did it in careful consultation with Ms. JACKSON-LEE of Texas. I will designed to impede the enormous ef- them. Indeed, State law in Texas does be happy to debate in the course of the forts made by Houston community require an election for bonding author- election, in the forums of my choosing. leaders to get light rail working for the ity, but State law in Texas has no re- Mr. CULBERSON. Reclaiming my city of Houston. Enough is enough. The quirements, there are no guidelines in time, this language was worked out referendum is on the November ballot, Texas law on what the ballot should with the assistance and cooperation of and I believe it will pass. It is time to look like. So this Federal language is Metro. I urge my colleagues to vote stop playing games with the very real an essential part of the equation in ‘‘no’’ against the amendment to guar- problems of one of our country’s larg- Houston for voters in Houston to have antee Houston voters the right to ap- est cities and let Houston get on with a good, clear understanding of not only prove this plan. how much this rail line is going to cost business, unencumbered by Federal in- b 1845 terference. us as taxpayers, but, more impor- Mr. Chairman, as we pass this Trans- tantly, where it is going to be built. Mr. LAMPSON. Mr. Chairman, I portation Appropriations bill, let us be The language in the bill is very rea- move to strike the requisite number of serious about local control. Let us be sonable, and as the gentleman from words. serious about allowing American cities Oklahoma (Mr. ISTOOK) has said, it is Mr. Chairman, I too rise in support of like Houston to find real transpor- an essential, we think, first step for, this amendment that has been put tation solutions. Stand up for local frankly, any transit system anywhere forth by the gentlewoman from Texas control of our cities and vote for this in the country to be able to move for- (Ms. JACKSON-LEE). This amendment important amendment. ward with a plan that would cost bil- would provide the citizens of Houston Ms. JACKSON-LEE of Texas. Mr. lions of dollars. In fact, this rail sys- the opportunity to decide their fate re- Chairman, will the gentleman yield? tem in Houston will ultimately cost, if garding the construction of light rail. Mr. BELL. I yield to the gentle- the voters approve it this November, This is something that is local. It is woman from Texas. $5.8 billion. That would make this rail something that makes a difference to Ms. JACKSON-LEE of Texas. Mr. system in Houston the Nation’s second Houston. We ought to be making those Chairman, I appreciate the gentleman’s most expensive transportation project, decisions for ourselves. For far too long comment. I might share with his point second only to the Big Dig, the tunnel this Congress has arbitrarily revoked of view on local control to reemphasize project in Boston. the rights of Houstonians to make sig- that this is not a plan that is district- The amendment would seek to strike nificant infrastructure decisions. Quite based. It is a plan that crosses a mul- language which would give the tax- frequently I have heard many of my titude of congressional districts, payers of Houston the right to approve colleagues on both sides of the aisle though we are not the prime arbiter of by majority vote this rail project. The rise in support of allowing significant how the plan is to be designed. This amendment would strike the right of decisions which affect localities to be goes into counties beyond Harris Coun- the people of Houston to see where, made at the local level. Communities ty. It includes Fort Bend. The small specifically, the rail lines are going to should have the opportunity to deter- city representatives on the board were be built. I would urge, as the majority mine what is in their best interests. enthusiastic about the 72.8-mile plan leader and the chairman have done, the Houston is a city which is rapidly and as well the Greater Houston Part- Members to vote against the amend- growing. It is spliting at the seams be- nership, which is our chamber, voted ment. This is not the place to debate cause of lack of necessary infrastruc- on September 3, 2003, to acknowledge the merits of this rail line. ture. The citizens of Houston have at- that the plan that will be on the ballot I note that the author of the amend- tempted for years to build light rail, includes local and express bus service, ment, the gentlewoman from Texas, but they have been stymied at almost buses, new transit centers, additional has expressed her support for this rail every attempt. And as a member of the park and rides and other bus-related fa- line. I would welcome an opportunity Committee on Transportation and In- cilities and 72.8 miles of rail projects as and, in fact, invite her to debate me in frastructure, I certainly recognize the delineated on a map attached to the Houston on the merits of this rail plan. importance of having multiple modes

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.134 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7897 of transportation available to metro- Federal planning funds that are in the law. But under this amendment today, politan areas. transportation authorization this last what we will tell Houston voters is, if Houston now suffers some of the time, and I expect there is a good they approve light rail, it can go for- worst highway congestion in the Na- chance they will be in there again. But ward. If they reject light rail, it can go tion. The average commute for this would be the kind of precedent forward as well. We have made this ref- Houstonians is over an hour. Mr. Chair- that could restrict people who want erendum meaningless. On the eve of man, Congress should not and must not public transportation who do not agree this election to attempt to nullify or be in the business of micromanaging with these right wing ideologues and dismiss this very healthy public ref- the politics of localities. The city of extremists that are against all public erendum it will have the effect of Houston has asked for and they should transportation. This would be a prece- disenfranchising tens of thousands of receive the same treatment as any dent where they could come in and Houston area voters who simply wish other metropolitan areas that have interfere with the people in my dis- to have their voices heard. Let us trust been granted access to Federal funds trict. the voters. We certainly have the for light rail. Let us do what is right Mr. LAMPSON. Mr. Chairman, we choice of who should represent them in for Houston. Interestingly enough, truly do not want to restrict the rights Congress. We need to let the ref- they have reached across party lines; or interests of a community to be able erendum go forward and let it matter. they have reached out across ideolog- to choose for themselves what they The voters deserve no less. ical lines. They came together in a want, and in this case Houston has said Mr. GREEN of Texas. Mr. Chairman, compromise that is putting this issue let us bring it to the people on Novem- I move to strike the requisite number on the ballot on November 4. They ber 4. They have the referendum set. of words. First of all, let me say to all of our have done an extraordinary effort to do They are going to speak. They want to colleagues, we are almost going to hear do for themselves what they can do and what is right for themselves, and all we from every Member who represents a are asking for is that we leave them then reach out to the Federal Govern- section of Harris County and the city alone and let them make the decisions ment for the assistance that is there of Houston. As we can tell, there is dif- for Houston. Let us do what is right for for other communities. We do not want ference of opinion, but there is also Houston. And I do urge a ‘‘yes’’ vote for the kind of precedent that the gen- some misinformation. Let me correct this amendment offered by the gentle- tleman is speaking about set. what has been said. There is a ref- woman from Texas (Ms. JACKSON-LEE). Mr. DOGGETT. Mr. Chairman, if I erendum on the ballot for November. Mr. DOGGETT. Mr. Chairman, will understand the history of this, this No matter what we do today, there will the gentleman yield? would not be the first time that a Fed- be a referendum on the ballot. The bal- Mr. LAMPSON. I yield to the gen- eral-elected official had interfered in lot language may be changed in a cou- tleman from Texas. the desire of the people of Houston, the ple of weeks, but the issue of bonds Mr. DOGGETT. Mr. Chairman, I un- support of the business community in under State law is what our local derstand Houston is a very special Houston to get public transportation; Metro board has to do. They have to place, but is there some reason why it but it would be the first time that in- have a referendum. And that ref- is so special that it is apparently the stead of just one individual going down erendum will be about a plan, at least only city in the entire 50 States, in the and interfering in it, it was written the first installment, we hope, of a plan entire United States, that has been sin- into Federal law where the full force that will really bring more light rail to gled out for this special treatment? and effect of Federal law would inter- Houston. Mr. LAMPSON. Mr. Chairman, that fere with the will of the people of Hous- It will serve more than what is al- is what we understand. We also under- ton. ready planned. We already have a 7.5 stand it is the single largest city that Mr. LAMPSON. Mr. Chairman, we do mile segment that is built with local does not have this kind of infrastruc- not want any Federal officials impact- money because of the original amend- ture that the citizens themselves have ing. We want to reach out and make ment in this bill that serves from chosen to put into place and definitely sure the people of Houston have their downtown out to our football stadium want to have. own say in this matter. and the Astrodome and serves the med- Mr. DOGGETT. Mr. Chairman, there Mr. BRADY of Texas. Mr. Chairman, ical center and Rice University and is a group down, I think, in San Anto- I move to strike the requisite number lots of areas in between; but to serve nio but they are just against all public of words. areas in my district, we have to have a transportation. They have an ideolog- Mr. Chairman, I understand my col- referendum. To serve northside and ical commitment that they do not be- league from Houston’s strong advocacy east end of Houston, we have to have a lieve in public anything, I think; but for light rail, but I am afraid that at referendum, and that is why we do not they certainly do not believe in public this late date this amendment is at need this language in the bill. transportation or public rail transpor- best immaterial and perhaps, I think, It is important that Houston is the tation. They are just against it as a undermines the voices of the voters in only city in the country that has been matter of principle. If we had one of our Houston region. Today on the held to this higher standard. Granted, these extremist groups come in, could House floor we are rehashing a delega- the amendment that is in the bill by they use this as a precedent to apply to tion disagreement about the need for a the gentleman from Texas (Mr. Beaumont and to Austin and to other referendum that has been really ren- CULBERSON) is better than the original cities across Texas and across the dered moot. As we speak, a referendum language, but we are still spelling out United States? on light rail is being held, scheduled that they have to put the projects in Mr. LAMPSON. Mr. Chairman, I for just a few weeks from now. For the referendum. We do not do that for imagine when a precedent is set, it more than a year, the community has any other city, in fact, cities that are could be used in other places. It would undergone and continues a detailed and much smaller than the fourth largest be the wrong direction for us to go in highly public debate about the scope city in the country. That is why it is for this. and the merits of light rail for the unfair to do this. I was an opponent of Mr. DOGGETT. Mr. Chairman, we Houston region. Seemingly every cor- heavy rail because I think in Houston have had a referendum in the city of ner in every neighborhood and every we are so geographically diverse, and Austin; and by about a percentage party interested in this issue has of- for years as a legislator I opposed it; point, a 1 percent point, the idea of a fered input, and soon an informed elec- but I watched how other cities in the light rail system was defeated, and I torate will head to the polls to make country have used light rail, and it am actually interested in seeing what their voices known about this issue. hurts me as a Houstonian to say that the citizens of Austin think if this Who in our region would dispute that even the city of Dallas is successfully issue comes up again; but we do not this has been a healthy debate on an using light rail and Federal dollars to have any Federal law requirement tell- important issue that will impact the expand without jumping through the ing us if we do not approve it again region for decades to come? It has been hoops that we would require them to that we will never be eligible for Fed- a welcomed debate based solely be- do if the original language in this bill eral funds, and in fact, we have some cause of existing language in Federal is done.

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.136 H04PT1 H7898 CONGRESSIONAL RECORD — HOUSE September 4, 2003 That is why I rise in support of the the small city representatives on the should be left to the States and local gentlewoman from Texas’s (Ms. JACK- board that represent the Fort Bend communities. That is all we are asking SON-LEE) amendment. Again, two of area, for example, are enthusiastic to do, is simply strike this language. those lines that are on the ballot that about a rail system that would come to Ms. MILLENDER-MCDONALD. Mr. will be approved come to my area. a city like Sugarland. But the point is Chairman, I move to strike the req- They are not all in district 18. They that the board did vote to have a ref- uisite number of words. serve an area near east end. erendum, and it is not necessary to be Mr. Chairman, as a former elected of- I represent a district that is very in this bill. ficial at the local level and knowing urban and also suburban; so I realize Mr. OLVER. Mr. Chairman, I move to the importance of joint powers of au- we need light rail along with lots of strike the requisite number of words. thority, I rise to support the Jackson- highway construction; and for years it Mr. Chairman, I rise in strong sup- Lee amendment. have been known that I love to build port of the gentlewoman’s amendment. I cannot understand why Houston highways, but I also know we cannot Mr. Chairman, I think this Congress should be held to a higher standard build them fast enough in Houston to really should leave local decisions with than any other city in this Nation. As solve the problems of transit any more local communities. We really should a senior member on the Committee on than Dallas could, any more than any not try to run Houston as if we were Transportation and Infrastructure, I other part of the country, any other the City Council for Houston or the am cognizant of the fact that light rail urban area in the country can do it. Houston Metro Authority. That would is the driving force in cities across this That is why we need to take all the put Houston in the same unenviable country. It is important that light rail language out of the bill and let the position that our own capital city becomes part of the Houston inter- Houstonians and the people who are in where this body sits is in, and that modal transportation because of the that metro area pass this bond election would be inappropriate. rapid increase in population in Hous- in November and expand the light rail The Texas Metro Board has already ton. with Federal funding like many cities held the public hearings that are nec- So we should not leave the fate of the that are much smaller than us. essary under the law. Furthermore, the Houston light rail system to the Unfortunately, this legislation pro- referendum required by the language of Houstonians and the stakeholders of hibits the use of Federal funds for plan- section 163 has already been scheduled Harris County? The people of Houston ning, designing and building this light for November 4. So section 163 is clear- have been fighting for years to develop rail unless it is itemized in there. And ly unnecessary. The referendum is al- a light rail system that will help to re- as much as I would like to see my two ready scheduled for the entire Houston duce traffic congestion. We know the projects in my area itemized, the city area. I would urge an ‘‘aye’’ vote on the importance of reducing congestion of Houston or any city does not list in Jackson-Lee amendment. now, and this is one of the reasons in their bond what water projects they Ms. JACKSON-LEE of Texas. Mr. the Committee on Transportation and are going to do. They are going to do as Chairman, will the gentleman yield? Infrastructure we are fighting to try to many as they can because they need to Mr. OLVER. I yield to the gentle- bring about light rail, because of the have that local flexibility. But I will woman from Texas. congestion and to maximize regional tell the Members what, if Metro does Ms. JACKSON-LEE of Texas. Mr. mobility and ensure adequate funding not do the plan that they have, I would Chairman, first of all, I want to thank for transportation improvements to be the first one back up here to say the ranking member very much for his maintain Houston’s status as an at- wait a minute, they fooled the voters ability to dissect the language. And I tractive place to live. of Houston and they will be punished want to make the point that this is It is important that we look at cities for that. They should not do that. not, though it may seem, likely a dis- like Houston in trying to move the Do not hold the city of Houston and cussion of those who are for or against congestion by bringing on light rail. my constituents to a higher standard rail. This is why the Texas Metro Board has than we hold Dallas, than we hold any held public hearings to obtain the b 1900 other city in the country, including input of the voting public of Harris many that are much smaller. We have That is not the debate here. I would County in Houston, Texas. A ref- a referendum plan. The voters will not draw my colleagues into that kind erendum will be held on November 4, make that decision this November, and of personalized debate. 2004, to cover the entire Houston Met- let us let the voters make that decision The test is simply, as the gentleman ropolitan Transit Authority service with their Federal tax dollars to help from Massachusetts (Mr. OLVER) has area. with light rail, and that is why I sup- indicated: The local governing authori- Mr. Chairman, it is just absolutely port the Jackson-Lee amendment. ties, including Harris County, the City unconscionable that one would try to Ms. JACKSON-LEE of Texas. Mr. of Houston, led by Mayor Lee P. circumvent Houston local authorities Chairman, will the gentleman yield? Brown, our civic community, the part- from having the authority to control Mr. GREEN of Texas. I yield to the nership, the actual Metro board that their own fate in terms of light rail. I gentlewoman from Texas. has representatives of county govern- am adamant about this particular Ms. JACKSON-LEE of Texas. Mr. ment, city government, and small sur- amendment, trying to be hijacked. I Chairman, I thank the gentleman, hav- rounding cities, have already acted, support the Jackson-Lee amendment. ing been a former State senator, for and their act is that we will have a ref- Ms. JACKSON-LEE of Texas. Mr. the clarification of State law. I think erendum on November 4, 2003, and sub- Chairman, will the gentlewoman yield? that is extremely important. And I sequently will have other referendums Ms. MILLENDER-MCDONALD. I want to just hold up for my colleagues as the light rail would be expanded, if yield to the gentlewoman from Texas. the minutes of Metro board over the approved by the voters. Ms. JACKSON-LEE of Texas. Mr. last 30 days which affirm the very What we are suggesting, as my good Chairman, may I inquire of the gentle- points that the gentleman from Texas friend from Austin said, we are the woman, and I appreciate very much, (Mr. GREEN) has made. They voted an only city in this Nation where this in- having come from local government, overall plan that is 72.8 miles. Ulti- trusive language, this really restrictive her leadership in local government; as mately, the segments will have to be language that has no basis in fact or a local elected official, has she had the bonded. That requires an election. substance, it is redundant, repetitious experience of having the long arm of Those miles will be designed to go into and unnecessary, what we are sug- the Federal Government intrude upon urban and suburban and even some- gesting to my friends and colleagues, I decisions made by either her local what rural areas because that is the cannot imagine why both ends of the boards, if these decisions, of course, configuration and the geography of the spectrum could not support elimi- were with the input and the impact of Houston/Harris County metroplex area. nating this language, particularly a local community? Is that the way My good friends that are here will have when we all have some respect for the that local government chooses to oper- the opportunity to have light rail in 10th amendment, which really suggests ate, by having the long arm of the Fed- their respective communities. In fact, that there are certain items that eral Government instruct how to be

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.137 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7899 constructive and positive in maybe The question was taken; and the the amendment printed in the CON- transit issues or water issues or what- Chairman announced that the noes ap- GRESSIONAL RECORD and numbered 2, ever issues might be relevant at that peared to have it. which shall be debatable for 15 min- time? Ms. JACKSON-LEE of Texas. Mr. utes; the amendment printed in the Ms. MILLENDER-MCDONALD. Mr. Chairman, I demand a recorded vote. CONGRESSIONAL RECORD and numbered Chairman, reclaiming my time, to the The CHAIRMAN. Pursuant to clause 15, which shall be debatable for 20 min- contrary, local governments have tried 6 of rule XVIII, further proceedings on utes; an amendment by Mr. HASTINGS to ensure and to maintain their local the amendment offered by the gentle- of Florida regarding OMB Circular A– control, thereby not asking the Federal woman from Texas (Ms. JACKSON-LEE) 76, which shall be debatable for 30 min- Government to intrude at all. In my will be postponed. utes; one proper amendment by Mr. experience as a mayor of a city, I know Mr. ISTOOK. Mr. Chairman, I move SANDERS regarding a district court firsthand how joint powers of authority that the Committee do now rise. memorandum and order addressing work independent of Federal Govern- The motion was agreed to. IBM’s pension plan, which shall be de- ment, and this is the way it should be Accordingly, the Committee rose; batable for 1 hour; an amendment by in Houston, as it is in other cities and the Speaker pro tempore (Mr. Ms. KAPTUR regarding the Help Amer- around the country. HAYES) having assumed the chair, Mr. ica Vote Act; an amendment by Mr. Ms. JACKSON-LEE of Texas. Mr. DREIER, Chairman of the Committee of VAN HOLLEN regarding OMB Circular Chairman, if the gentlewoman would the Whole House on the State of the A–76, which shall be debatable for 30 yield further, I hope this amendment Union, reported that that Committee, minutes; one proper amendment by Mr. will be supported by my colleagues on having had under consideration the bill FLAKE regarding Cuba travel, which both sides of the aisle, because I re- (H.R. 2989) making appropriations for shall be debatable for 1 hour; an state the fact that I have come to do the Departments of Transportation and amendment by Mr. HONDA regarding nothing more than to strike language. Treasury, and independent agencies for San Jose light rail; an amendment by I am not asking for money, I am not the fiscal year ending September 30, Mr. COOPER, Ms. DELAURO, or Ms. KIL- asking to add any language. 2004, and for other purposes, had come PATRICK regarding tax law enforce- I could have come here with an to no resolution thereon. ment, which shall be debatable for 1 amendment responding to neighbor- f hour; an amendment by Mr. DAVIS of hoods crying for light rail. Why is not Florida regarding educational ex- Acres Home not more expanded with MESSAGE FROM THE SENATE changes with Cuba; an amendment by the light rail? Why is it not more in A message from the Senate by Mr. Mr. MICA regarding the National Rail- our rural areas or suburban areas at Monahan, one of its clerks, announced road Passenger Corporation; an amend- this point, because it is geared to going that the Senate has passed with an ment by Mr. FARR regarding locality there? Why is Northeast not included amendment in which the concurrence pay; an amendment by Mr. MORAN of at this time? What is the status of Har- of the House is requested a bill of the Kansas regarding essential air service risburg? House of the following title: program. All of those issues we are going to H.R. 6. An Act to enhance energy conserva- Each amendment may be offered only work on locally. I do not intend to give tion and research and development, to pro- by the Member designated or a des- up on them, but I believe we will do vide for security and diversity in the energy ignee, or the Member who caused it to that locally with Members of Congress, supply for the American people, and for other purposes. be printed, or a designee; shall be con- county governments, city government, sidered as read; shall not be subject to The message also announced that the the business community and, of course, amendment; and shall not be subject to Senate insists upon its amendment to the voters. a demand for a division of the question the bill (H.R. 6) ‘‘An Act to enhance en- My point here, listening to the gen- in the House or in the Committee of ergy conservation and research and de- tlewoman, appears to be reinforced, the Whole. Except as specified, each velopment, to provide for security and that what we are doing with this lan- amendment shall be debatable for 10 diversity in the energy supply for the guage, the only city in the Nation, is minutes, equally divided and con- American people, and for other pur- undermining what the local officials trolled by the proponent and an oppo- poses’’ and requests a conference with have done. And as I understand what nent. An amendment shall be consid- the House on the disagreeing votes of the gentlewoman has just suggested, ered to fit the description stated in the two Houses thereon, and appoints that is clearly an intrusion that is not this request if it addresses in whole or under authority of the order of July 31, welcomed by local government that in part the object described. 2003, Mr. DOMENICI, Mr. NICKLES, Mr. works so very hard. The SPEAKER pro tempore. Is there I thank the gentlewoman for yield- CRAIG, Mr. CAMPBELL, Mr. THOMAS, Mr. objection to the request of the gen- ing. I hope that out of her, if you will, GRASSLEY, Mr. LOTT, Mr. BINGAMAN, tleman from Oklahoma? solicitation, that we will be able to Mr. DORGAN, Mr. GRAHAM of Florida, Mr. OBEY. Mr. Speaker, reserving have our colleagues supporting us on Mr. WYDEN, Mr. JOHNSON, and Mr. BAU- the right to object, under my reserva- both sides of the aisle. The Committee CUS, to be the conferees on the part of on Transportation and Infrastructure the Senate. tion I would ask the gentleman if this agreement is entered into, what would has been very, very receptive and warm f to our needs in Houston, and the Com- be the schedule for the remainder of LIMITATION ON AMENDMENTS mittee on Appropriations. The gen- the day and tomorrow? DURING FURTHER CONSIDER- tleman from Massachusetts (Mr. Mr. ISTOOK. Mr. Speaker, will the ATION OF H.R. 2989, TRANSPOR- gentleman yield? OLVER) and, of course, the chairman, have been very welcoming to the mo- TATION, TREASURY, AND INDE- Mr. OBEY. I yield to the gentleman bility needs we have had. PENDENT AGENCIES APPROPRIA- from Oklahoma. I would simply say, being supportive TIONS ACT, 2004 Mr. ISTOOK. Mr. Speaker, as I under- of local needs, I have supported roads Mr. ISTOOK. Mr. Speaker, I ask stand the intent, we will proceed to- and toll roads, as have my other col- unanimous consent that during further night for approximately 1 hour further, leagues. But yet when it comes to light consideration of H.R. 2989 in the Com- after which time any votes that have rail, we allow this to be so divisive. mittee of the Whole, pursuant to House been rolled will be held. After that This language should be stricken, we Resolution 351, no amendment to the time consideration of this bill would should never see it again, and we bill may be offered except pro forma cease until next Tuesday, when we should stop this decisive debate on the amendments by the chairman or rank- would complete consideration of the floor of the House when the community ing minority member of the Committee bill under the unanimous consent has actually come together. on Appropriations or their designees agreement. The CHAIRMAN. The question is on for the purpose of debate; the amend- Mr. OBEY. And tomorrow? the amendment offered by the gentle- ments printed in the CONGRESSIONAL Mr. ISTOOK. Tomorrow, not being in woman from Texas (Ms. JACKSON-LEE). RECORD and numbered 1, 6, 11, 14 and 24; charge of the schedule, I can only tell

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.140 H04PT1 H7900 CONGRESSIONAL RECORD — HOUSE September 4, 2003 you my understanding. It is my under- b 1915 shall be debatable for 10 minutes, standing that tomorrow we would pro- The CHAIRMAN. When the Com- equally divided and controlled by the ceed to the District of Columbia appro- mittee of the Whole rose earlier today, proponent and an opponent. An amend- priations bill. a request for a recorded vote on the ment shall be considered to fit the de- Mr. OBEY. So, to repeat, we would be amendment by the gentlewoman from scription stated in this request if it ad- finished with consideration of this bill Texas (Ms. JACKSON-LEE) had been dresses in whole or in part the object until Tuesday after the votes on postponed. described. amendments are taken in approxi- Pursuant to the order of the House of Mr. ISTOOK. Mr. Chairman, I ask mately 1 hour? today, no amendment to the bill may unanimous consent that the remainder Mr. ISTOOK. That is correct. be offered except: of the bill through page 157, line 2 be Mr. OBEY. And then tomorrow it is Pro forma amendments by the chair- considered as read, printed in the the gentleman’s understanding that man or ranking minority member of RECORD and open to amendment at any the District of Columbia appropriation the Committee on Appropriations or point. bill would be considered? their designees for the purpose of de- The CHAIRMAN. Is there objection Mr. ISTOOK. Yes. Of course, there bate; to the request of the gentleman from might be other further business before The amendments printed in the CON- Oklahoma? the House in addition to that. I do not GRESSIONAL RECORD and numbered 1, 6, There was no objection. know the exact schedule. 11, 14 and 24; The text of the bill from page 53, line Mr. OBEY. I had thought that there The amendment printed in the CON- 3, through page 157, line 2 is as follows: SEC. 164. Section 5323(j) of title 49, United would be one additional matter which GRESSIONAL RECORD and numbered 2, would be before the House. My under- States Code, is amended— which shall be debatable for 15 min- (1) by adding at the end of paragraph (1) standing is that we were going to have utes; the following: ‘‘The term ‘manufactured the naming of energy conferees tomor- The amendment printed in the CON- goods’ as used in this paragraph means each row, as well as a motion to instruct. GRESSIONAL RECORD and numbered 15, individual item specified in each line item of Mr. ISTOOK. I was just so advised which shall be debatable for 20 min- a procurement. If the individual items to be that the gentleman is correct. utes; procured are listed in the bill of materials Mr. OBEY. I am corrected. I am told An amendment by the gentleman and specifications rather than a line item, the energy conference debate would from Florida (Mr. HASTINGS) regarding the term ‘manufactured goods’ shall apply to occur tonight. OMB Circular A–76, which shall be de- each such item. The definition of ‘manufac- tured goods’ shall not be applicable to the Mr. ISTOOK. I am told there is the batable for 30 minutes; procurement of rolling stock as set forth in possibility that the chairman and One proper amendment by the gen- paragraph (2)(C).’’; ranking member are discussing the tleman from Vermont (Mr. SANDERS) (2) by redesignating paragraphs (3) through timing of that right now. That is what regarding a district court memo- (7) as paragraphs (4) through (8), respec- I am told. randum and order addressing IBM’s tively; Mr. OBEY. Mr. Speaker, I withdraw pension plan, which shall be debatable (3) by inserting after paragraph (2) the fol- my reservation of objection. for 1 hour; lowing: The CHAIRMAN. Is there objection An amendment by the gentlewoman ‘‘(3) When issuing a waiver based upon a public interest determination under para- from Ohio (Ms. KAPTUR) regarding the to the request of the gentleman from graph (2)(A), the Secretary shall produce a Oklahoma? Help America Vote Act; detailed written justification as to why the There was no objection. An amendment by the gentleman waiver is in the public interest. The Sec- f from Maryland (Mr. VAN HOLLEN) re- retary shall publish this justification in the garding OMB Circular A–76, which shall Federal Register and provide the public a GENERAL LEAVE be debatable for 30 minutes; reasonable period for notice and comment.’’; Mr. ISTOOK. Mr. Speaker, I ask One proper amendment by the gen- and unanimous consent that all Members tleman from Arizona (Mr. FLAKE) re- (4) by adding at the end the following: may have 5 legislative days in which to garding Cuba travel, which shall be de- ‘‘(9) APPLICATION OF WAIVERS.—The Sec- retary may grant a waiver under paragraph revise and extend their remarks on batable for 1 hour; (2) for a microprocessor, but not for micro- H.R. 2989, and that I may include tab- An amendment by the gentleman computer equipment. For purposes of this ular and extraneous material. from California (Mr. HONDA) regarding paragraph ‘microprocessor’ means a com- The CHAIRMAN. Is there objection San Jose light rail; puter processor on a microchip. to the request of the gentleman from An amendment by the gentleman ‘‘(10) ADMINISTRATIVE REVIEW.—A party ad- Oklahoma? from Tennessee (Mr. COOPER), the gen- versely affected by an agency action under There was no objection. tlewoman from Connecticut (Ms. this subsection shall have the right to seek DELAURO) or the gentlewoman from review under section 702 of the Administra- f tive Procedure Act, title 5, United States Michigan (Ms. KILPATRICK) regarding Code.’’. TRANSPORTATION, TREASURY, tax law enforcement, which shall be de- SEC. 165. Notwithstanding any other provi- AND INDEPENDENT AGENCIES batable for 1 hour; APPROPRIATIONS ACT, 2004 sion of law, funds made available for the An amendment by the gentleman Roaring Fork Transportation Authority, The SPEAKER pro tempore. Pursu- from Florida (Mr. DAVIS) regarding Colorado, under Public Laws 106–69 and 106– ant to House Resolution 351 and rule educational exchanges with Cuba; 346 shall be made available for the Roaring XVIII, the Chair declares the House in An amendment by the gentleman Fork Valley Bus Rapid Transit project. the Committee of the Whole House on from Florida (Mr. MICA) regarding the SAINT LAWRENCE SEAWAY the State of the Union for the further National Railroad Passenger Corpora- DEVELOPMENT CORPORATION consideration of the bill, H.R. 2989. tion; The Saint Lawrence Seaway Development An amendment by the gentleman Corporation is hereby authorized to make b 1915 from California (Mr. FARR) regarding such expenditures, within the limits of funds IN THE COMMITTEE OF THE WHOLE locality pay; and borrowing authority available to the Accordingly, the House resolved And an amendment by the gentleman Corporation, and in accord with law, and to make such contracts and commitments with- itself into the Committee of the Whole from Kansas (Mr. MORAN) regarding es- out regard to fiscal year limitations as pro- House on the State of the Union for the sential air service program. vided by section 104 of the Government Cor- further consideration of the bill (H.R. Each amendment may be offered only poration Control Act, as amended, as may be 2989) making appropriations for the De- by the Member designated, or a des- necessary in carrying out the programs set partments of Transportation and ignee, or the Member who caused it to forth in the Corporation’s budget for the cur- Treasury, and independent agencies for be printed, or a designee; shall be con- rent fiscal year. the fiscal year ending September 30, sidered as read; shall not be subject to OPERATIONS AND MAINTENANCE 2004, and for other purposes, with Mr. amendment; and shall not be subject to (HARBOR MAINTENANCE TRUST FUND) DREIER in the chair. a demand for a division of the question. For necessary expenses for operations and The Clerk read the title of the bill. Except as specified, each amendment maintenance of those portions of the Saint

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.142 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7901 Lawrence Seaway operated and maintained the general fund of the Treasury as offset- TITLE II—DEPARTMENT OF THE by the Saint Lawrence Seaway Development ting receipts: Provided further, That there TREASURY Corporation, $14,700,000, to be derived from may be credited to this appropriation, to be DEPARTMENTAL OFFICES the Harbor Maintenance Trust Fund, pursu- available until expended, funds received from SALARIES AND EXPENSES ant to Public Law 99–662. States, counties, municipalities, other public (INCLUDING TRANSFER OF FUNDS) MARITIME ADMINISTRATION authorities, and private sources for expenses incurred for training, for reports publication For necessary expenses of the Depart- MARITIME SECURITY PROGRAM and dissemination, and for travel expenses mental Offices including operation and For necessary expenses to maintain and incurred in performance of hazardous mate- maintenance of the Treasury Building and preserve a U.S.-flag merchant fleet to serve rials exemptions and approvals functions. Annex; hire of passenger motor vehicles; the national security needs of the United maintenance, repairs, and improvements of, States, $98,700,000, to remain available until PIPELINE SAFETY and purchase of commercial insurance poli- expended. (PIPELINE SAFETY FUND) cies for, real properties leased or owned over- OPERATIONS AND TRAINING seas, when necessary for the performance of (OIL SPILL LIABILITY TRUST FUND) For necessary expenses of operations and official business; not to exceed $3,000,000, to training activities authorized by law, For expenses necessary to conduct the remain available until September 30, 2005 for $105,897,000, of which $22,000,000 shall remain functions of the pipeline safety program, for information technology modernization re- available until September 30, 2004, for sala- grants-in-aid to carry out a pipeline safety quirements; not to exceed $150,000 for official ries and benefits of employees of the United program, as authorized by 49 U.S.C. 60107, reception and representation expenses; not States Merchant Marine Academy; of which and to discharge the pipeline program re- to exceed $258,000 for unforeseen emergencies $13,000,000 shall remain available until ex- sponsibilities of the Oil Pollution Act of 1990, of a confidential nature, to be allocated and pended for capital improvements at the $64,054,000, of which $9,000,000 shall be derived expended under the direction of the Sec- United States Merchant Marine Academy; of from the Oil Spill Liability Trust Fund and retary of the Treasury and to be accounted which $9,063,000 shall remain available until shall remain available until September 30, for solely on his certificate, $175,809,000: Pro- expended for the State Maritime Schools 2006; of which $55,054,000 shall be derived vided, That no less than $21,855,000 is for the Schoolship Maintenance and Repair; of from the Pipeline Safety Fund, of which Office of Foreign Assets Control: Provided which $500,000 shall remain available until $21,786,000 shall remain available until Sep- further, That of these amounts $2,900,000 is expended for the evaluation and provision of tember 30, 2006. available for grants to State and local law the fourteen commercially strategic ports; enforcement groups to help fight money EMERGENCY PREPAREDNESS GRANTS and of which $1,000,000 shall remain available laundering: Provided further, That of these until September 30, 2005, for Maritime Secu- (EMERGENCY PREPAREDNESS FUND) amounts, $3,393,000, to remain available until rity Professional Training in support of Sec- September 30, 2005, shall be for the Treasury- For necessary expenses to carry out 49 tion 109 of the Maritime Transportation Se- wide Financial Statement Audit Program, of U.S.C. 5127(c), $200,000, to be derived from the curity Act of 2002. which such amounts as may be necessary Emergency Preparedness Fund, to remain may be transferred to accounts of the De- SHIP DISPOSAL available until September 30, 2006: Provided, partment’s offices and bureaus to conduct For necessary expenses related to the dis- That not more than $14,300,000 shall be made audits: Provided further, That this transfer posal of obsolete vessels in the National De- available for obligation in fiscal year 2004 authority shall be in addition to any other fense Reserve Fleet of the Maritime Admin- from amounts made available by 49 U.S.C. provided in this Act. istration, $14,000,000, to remain available 5116(i), 5127(c), and 5127(d): Provided further, DEPARTMENT-WIDE SYSTEMS AND CAPITAL until expended. That none of the funds made available by 49 INVESTMENTS PROGRAMS GENERAL PROVISIONS—MARITIME U.S.C. 5116(i), 5127(c), and 5127(d) shall be (INCLUDING TRANSFER OF FUNDS) ADMINISTRATION made available for obligation by individuals For development and acquisition of auto- SEC. 170. Notwithstanding any other provi- other than the Secretary of Transportation, matic data processing equipment, software, sion of this or any other Act, the Maritime or his designee. and services for the Department of the Administration is authorized to furnish util- OFFICE OF INSPECTOR GENERAL Treasury, $36,653,000, to remain available ities and services and make necessary re- until September 30, 2006: Provided, That these pairs in connection with any lease, contract, SALARIES AND EXPENSES funds shall be transferred to accounts and in or occupancy involving Government prop- For necessary expenses of the Office of In- amounts as necessary to satisfy the require- erty under control of the Maritime Adminis- spector General to carry out the provisions ments of the Department’s offices, bureaus, tration, and payments received therefore of the Inspector General Act of 1978, as and other organizations: Provided further, shall be credited to the appropriation amended, $55,000,000: Provided, That the In- That this transfer authority shall be in addi- charged with the cost thereof: Provided, That spector General shall have all necessary au- tion to any other transfer authority provided rental payments under any such lease, con- thority, in carrying out the duties specified in this Act. tract, or occupancy for items other than in the Inspector General Act, as amended (5 OFFICE OF INSPECTOR GENERAL such utilities, services, or repairs shall be de- U.S.C. App. 3) to investigate allegations of posited into the Treasury as miscellaneous fraud, including false statements to the gov- SALARIES AND EXPENSES receipts. No obligations shall be incurred ernment (18 U.S.C. 1001), by any person or en- For necessary expenses of the Office of In- during the current fiscal year from the con- tity that is subject to regulation by the De- spector General in carrying out the provi- struction fund established by the Merchant partment: Provided further, That the funds sions of the Inspector General Act of 1978, as Marine Act, 1936, or otherwise, in excess of made available under this heading shall be amended, not to exceed $2,000,000 for official the appropriations and limitations contained used to investigate, pursuant to section 41712 travel expenses, including hire of passenger in this Act or in any prior Appropriations of title 49, United States Code: (1) unfair or motor vehicles; not to exceed $2,500 for offi- Act. deceptive practices and unfair methods of cial reception and representation expenses; SEC. 171. Chapter 10 of title I of the Emer- competition by domestic and foreign air car- and not to exceed $100,000 for unforeseen gency Wartime Supplemental Appropriations riers and ticket agents; and (2) the compli- emergencies of a confidential nature, to be Act (Public Law 108–11) is amended by strik- ance of domestic and foreign air carriers allocated and expended under the direction ing ‘‘For the cost of guaranteed loans, as au- with respect to item (1) of this proviso. of the Inspector General of the Treasury, thorized, $25,000,000, to remain available $12,792,000. SURFACE TRANSPORTATION BOARD until September 30, 2005:’’ and inserting ‘‘For TREASURY INSPECTOR GENERAL FOR TAX the cost of guaranteed loans and associated SALARIES AND EXPENSES ADMINISTRATION administrative expenses, as authorized, SALARIES AND EXPENSES $25,000,000, to remain available until Sep- For necessary expenses of the Surface tember 30, 2005, of which up to $4,498,000 may Transportation Board, including services au- For necessary expenses of the Treasury In- be used for associated administrative ex- thorized by 5 U.S.C. 3109, $19,521,000: Provided, spector General for Tax Administration in penses:’’. That notwithstanding any other provision of carrying out the Inspector General Act of law, not to exceed $1,050,000 from fees estab- 1978, as amended, including purchase (not to RESEARCH AND SPECIAL PROGRAMS lished by the Chairman of the Surface Trans- exceed 150 for replacement only for police- ADMINISTRATION portation Board shall be credited to this ap- type use) and hire of passenger motor vehi- RESEARCH AND SPECIAL PROGRAMS propriation as offsetting collections and used cles (31 U.S.C. 1343(b)); services authorized by For expenses necessary to discharge the for necessary and authorized expenses under 5 U.S.C. 3109, at such rates as may be deter- functions of the Research and Special Pro- this heading: Provided further, That the sum mined by the Inspector General for Tax Ad- grams Administration, $47,018,000, of which herein appropriated from the general fund ministration; not to exceed $6,000,000 for offi- $645,000 shall be derived from the Pipeline shall be reduced on a dollar-for-dollar basis cial travel expenses; and not to exceed Safety Fund, and of which $2,437,000 shall re- as such offsetting collections are received $500,000 for unforeseen emergencies of a con- main available until September 30, 2006: Pro- during fiscal year 2004, to result in a final ap- fidential nature, to be allocated and ex- vided, That up to $1,200,000 in fees collected propriation from the general fund estimated pended under the direction of the Inspector under 49 U.S.C. 5108(g) shall be deposited in at no more than $18,471,000. General for Tax Administration, $128,034,000.

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.075 H04PT1 H7902 CONGRESSIONAL RECORD — HOUSE September 4, 2003

AIR TRANSPORTATION STABILIZATION General pursuant to this paragraph shall be capital asset acquisition of information PROGRAM deposited to the appropriation of the General technology systems, including management For necessary expenses to administer the Accounting Office then available and remain and related contractual costs of said acquisi- Air Transportation Stabilization Board es- available until expended. tions, including contractual costs associated tablished by section 102 of the Air Transpor- BUREAU OF THE PUBLIC DEBT with operations authorized by 5 U.S.C. 3109: Provided, That none of these funds may be tation Safety and System Stabilization Act ADMINISTERING THE PUBLIC DEBT obligated until the Internal Revenue Service (Public Law 107–42), $2,538,000, to remain For necessary expenses connected with any submits to the Committees on Appropria- available until expended. public-debt issues of the United States, tions, and such Committees approve, a plan TREASURY BUILDING AND ANNEX REPAIR AND $178,052,000, of which not to exceed $2,500 for expenditure that: (1) meets the capital RESTORATION shall be available for official reception and planning and investment control review re- representation expenses, and of which not to For the repair, alteration, and improve- quirements established by the Office of Man- exceed $2,000,000 shall remain available until ment of the Treasury Building and Annex, agement and Budget, including Circular A–11 expended for systems modernization: $25,000,000, to remain available until Sep- Pro- part 3; (2) complies with the Internal Rev- That the sum appropriated herein tember 30, 2006. vided, enue Service’s enterprise architecture, in- from the General Fund for fiscal year 2004 FINANCIAL CRIMES ENFORCEMENT cluding the modernization blueprint; (3) con- shall be reduced by not more than $4,400,000 NETWORK forms with the Internal Revenue Service’s as definitive security issue fees and Treasury SALARIES AND EXPENSES enterprise life cycle methodology; (4) is ap- Direct Investor Account Maintenance fees proved by the Internal Revenue Service, the For necessary expenses of the Financial are collected, so as to result in a final fiscal Department of the Treasury, and the Office Crimes Enforcement Network, including hire year 2004 appropriation from the General of Management and Budget; (5) has been re- of passenger motor vehicles; travel expenses Fund estimated at $173,652,000. In addition, viewed by the General Accounting Office; of non-Federal law enforcement personnel to $40,000 to be derived from the Oil Spill Li- and (6) complies with the acquisition rules, attend meetings concerned with financial in- ability Trust Fund to reimburse the Bureau requirements, guidelines, and systems acqui- telligence activities, law enforcement, and for administrative and personnel expenses sition management practices of the Federal financial regulation; not to exceed $14,000 for for financial management of the Fund, as au- Government. official reception and representation ex- thorized by section 1012 of Public Law 101– penses; and for assistance to Federal law en- 380. HEALTH INSURANCE TAX CREDIT forcement agencies, with or without reim- ADMINISTRATION INTERNAL REVENUE SERVICE bursement, $57,571,000, of which not to exceed For expenses necessary to implement the $4,500,000 shall remain available until Sep- PROCESSING, ASSISTANCE, AND MANAGEMENT health insurance tax credit included in the tember 30, 2006; and of which $8,152,000 shall For necessary expenses of the Internal Trade Act of 2002 (Public Law 107–210), remain available until September 30, 2005: Revenue Service for pre-filing taxpayer as- $35,000,000, to remain available until Sep- Provided, That funds appropriated in this ac- sistance and education, filing and account tember 30, 2005. count may be used to procure personal serv- services, shared services support, general GENERAL PROVISIONS—DEPARTMENT ices contracts. management and administration; and serv- OF THE TREASURY ices as authorized by 5 U.S.C. 3109, at such FINANCIAL MANAGEMENT SERVICE SEC. 201. Not to exceed 5 percent of any ap- rates as may be determined by the Commis- propriation made available in this Act to the SALARIES AND EXPENSES sioner, $4,037,834,000, of which $4,250,000 shall Internal Revenue Service may be transferred For necessary expenses of the Financial be for the Tax Counseling for the Elderly to any other Internal Revenue Service appro- Management Service, $228,558,000, of which Program, of which $8,000,000 shall be avail- priation upon the advance approval of the not to exceed $9,220,000 shall remain avail- able for low-income taxpayer clinic grants, Committees on Appropriations. able until September 30, 2006, for information and of which not to exceed $25,000 shall be for systems modernization initiatives; and of SEC. 202. The Internal Revenue Service official reception and representation ex- shall maintain a training program to ensure which not to exceed $2,500 shall be available penses. for official reception and representation ex- that Internal Revenue Service employees are TAX LAW ENFORCEMENT penses. trained in taxpayers’ rights, in dealing cour- For necessary expenses of the Internal teously with the taxpayers, and in cross-cul- ALCOHOL AND TOBACCO TAX AND Revenue Service for determining and estab- tural relations. TRADE BUREAU lishing tax liabilities; providing litigation SEC. 203. The Internal Revenue Service SALARIES AND EXPENSES support; conducting criminal investigation shall institute and enforce policies and pro- For necessary expenses of carrying out sec- and enforcement activities; securing unfiled cedures that will safeguard the confiden- tion 1111 of the Homeland Security Act of tax returns; collecting unpaid accounts; con- tiality of taxpayer information. 2002, including hire of passenger motor vehi- ducting a document matching program; re- SEC. 204. Funds made available by this or cles, $80,000,000; of which not to exceed $6,000 solving taxpayer problems through prompt any other Act to the Internal Revenue Serv- for official reception and representation ex- identification, referral and settlement; com- ice shall be available for improved facilities penses; not to exceed $50,000 for cooperative piling statistics of income and conducting and increased manpower to provide suffi- research and development programs for Lab- compliance research; funding essential cient and effective 1–800 help line service for oratory Services; and provision of laboratory earned income tax credit compliance and taxpayers. The Commissioner shall continue assistance to State and local agencies with error reduction initiatives; purchase (for po- to make the improvement of the Internal or without reimbursement. lice-type use, not to exceed 850) and hire of Revenue Service 1–800 help line service a pri- UNITED STATES MINT passenger motor vehicles (31 U.S.C. 1343(b)); ority and allocate resources necessary to in- and services as authorized by 5 U.S.C. 3109, at crease phone lines and staff to improve the UNITED STATES MINT PUBLIC ENTERPRISE such rates as may be determined by the Internal Revenue Service 1–800 help line FUND Commissioner, $4,221,408,000, of which not to service. Pursuant to section 5136 of title 31, United exceed $1,000,000 shall remain available until SEC. 205. Appropriations to the Department States Code, the United States Mint is pro- September 30, 2006, for research, and of which of the Treasury in this Act shall be available vided funding through the United States not to exceed $10,000,000 may be used to reim- for uniforms or allowances therefor, as au- Mint Public Enterprise Fund for costs asso- burse the Social Security Administration for thorized by law (5 U.S.C. 5901), including ciated with the production of circulating the costs of implementing section 1090 of the maintenance, repairs, and cleaning; purchase coins, numismatic coins, and protective Taxpayer Relief Act of 1997 (Public Law 105– of insurance for official motor vehicles oper- services, including both operating expenses 33). ated in foreign countries; purchase of motor and capital investments. The aggregate INFORMATION SYSTEMS vehicles without regard to the general pur- amount of new liabilities and obligations in- chase price limitations for vehicles pur- For necessary expenses of the Internal curred during fiscal year 2004 under such sec- chased and used overseas for the current fis- Revenue Service for information systems tion 5136 for circulating coinage and protec- cal year; entering into contracts with the and telecommunications support, including tive service capital investments of the Department of State for the furnishing of developmental information systems and United States Mint shall not exceed health and medical services to employees operational information systems; the hire of $40,652,000. From amounts in the United and their dependents serving in foreign coun- passenger motor vehicles (31 U.S.C. 1343(b)); States Mint Public Enterprise Fund, the Sec- tries; and services authorized by 5 U.S.C. and services as authorized by 5 U.S.C. 3109, at retary of the Treasury shall pay to the 3109. such rates as may be determined by the Comptroller General an amount not to ex- SEC. 206. Not to exceed 2 percent of any ap- ceed $375,000 to reimburse the Comptroller Commissioner, $1,628,739,000, of which propriations in this Act made available to General for the cost of a study to be con- $165,000,000 shall remain available until Sep- the Departmental Offices—Salaries and Ex- tracted for by the Comptroller General on tember 30, 2005. penses, Office of Inspector General, Finan- the potential and cost-effectiveness of ex- BUSINESS SYSTEMS MODERNIZATION cial Management Service, Alcohol and To- panded use of pre-made ‘‘blanks’’ by the U.S. For necessary expenses of the Internal bacco Tax and Trade Bureau, Financial Mint in the production of circulating coins. Revenue Service, $429,000,000, to remain Crimes Enforcement Network, and Bureau of The amounts reimbursed to the Comptroller available until September 30, 2006, for the the Public Debt, may be transferred between

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such appropriations upon the advance ap- (1) RULES FOR APPLICATION OF SUBSECTION implement any rule, regulation, or policy of proval of the Committees on Appropriations. (b).—In applying subsection (b) for purposes charging any officer or employee of any No transfer may increase or decrease any of subsection (a), the following rules shall State or local child support enforcement such appropriation by more than 2 percent. apply: agency, or any individual participating in a SEC. 207. Not to exceed 2 percent of any ap- (A) CERTAIN STOCK DISREGARDED.—There State or local program of child support en- propriation made available in this Act to the shall not be taken into account in deter- forcement, a fee for information requested or Internal Revenue Service may be transferred mining ownership for purposes of subsection provided concerning an address of a postal to the Treasury Inspector General for Tax (b)(2)— customer: Provided further, That none of the Administration’s appropriation upon the ad- (i) stock held by members of the expanded funds provided in this Act shall be used to vance approval of the Committees on Appro- affiliated group which includes the foreign consolidate or close small rural and other priations. No transfer may increase or de- incorporated entity, or small post offices in fiscal year 2004. crease any such appropriation by more than (ii) stock of such entity which is sold in a TITLE IV—EXECUTIVE OFFICE OF THE 2 percent. public offering related to the acquisition de- PRESIDENT AND FUNDS APPRO- SEC. 208. None of the funds appropriated in scribed in subsection (b)(1). PRIATED TO THE PRESIDENT this Act or otherwise available to the De- (B) PLAN DEEMED IN CERTAIN CASES.—If a COMPENSATION OF THE PRESIDENT partment of the Treasury or the Bureau of foreign incorporated entity acquires directly Engraving and Printing may be used to rede- or indirectly substantially all of the prop- For compensation of the President, includ- sign the $1 Federal Reserve note. erties of a domestic corporation or partner- ing an expense allowance at the rate of SEC. 209. The Secretary of the Treasury ship during the 4-year period beginning on $50,000 per annum as authorized by 3 U.S.C. may transfer funds from ‘‘Salaries and Ex- the date which is 2 years before the owner- 102, $450,000: Provided, That none of the funds penses’’, Financial Management Service, to ship requirements of subsection (b)(2) are made available for official expenses shall be the Debt Services Account as necessary to met, such actions shall be treated as pursu- expended for any other purpose and any un- cover the costs of debt collection: Provided, ant to a plan. used amount shall revert to the Treasury That such amounts shall be reimbursed to pursuant to section 1552 of title 31, United ERTAIN TRANSFERS DISREGARDED.—The such Salaries and Expenses account from (C) C transfer of properties or liabilities (including States Code: Provided further, That none of debt collections received in the Debt Serv- the funds made available for official ex- ices Account. by contribution or distribution) shall be dis- regarded if such transfers are part of a plan penses shall be considered as taxable to the SEC. 210. None of the funds appropriated or President. otherwise made available by this or any a principal purpose of which is to avoid the WHITE HOUSE OFFICE other Act may be used by the United States purposes of this section. Mint to construct or operate any museum (D) SPECIAL RULE FOR RELATED PARTNER- SALARIES AND EXPENSES without the explicit approval of the House SHIPS.—For purposes of applying subsection For necessary expenses for the White Committee on Financial Services and the (b) to the acquisition of a domestic partner- House as authorized by law, including not to Senate Committee on Banking, Housing, and ship, except as provided in regulations, all exceed $3,850,000 for services as authorized by Urban Affairs. partnerships which are under common con- 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence ex- SEC. 211. For fiscal year 2004 and each fiscal trol (within the meaning of section 482 of the penses as authorized by 3 U.S.C. 105, which year thereafter, there are appropriated to Internal Revenue Code of 1986) shall be treat- shall be expended and accounted for as pro- the Secretary of the Treasury such sums as ed as 1 partnership. vided in that section; hire of passenger may be necessary to reimburse financial in- (E) TREATMENT OF CERTAIN RIGHTS.—The motor vehicles, newspapers, periodicals, tele- stitutions in their capacity as depositaries Secretary shall prescribe such regulations as type news service, and travel (not to exceed and financial agents of the United States for may be necessary— $100,000 to be expended and accounted for as all services required or directed by the Sec- (i) to treat warrants, options, contracts to provided by 3 U.S.C. 103); and not to exceed retary of the Treasury, or the Secretary’s acquire stock, convertible debt instruments, $19,000 for official entertainment expenses, to designee, to be performed by such financial and other similar interests as stock, and be available for allocation within the Execu- institutions on behalf of the Department of (ii) to treat stock as not stock. tive Office of the President, $66,057,000: Pro- the Treasury or other Federal agencies, in- (2) EXPANDED AFFILIATED GROUP.—The term vided, That $8,650,000 of the funds appro- cluding services rendered prior to fiscal year ‘‘expanded affiliated group’’ means an affili- priated shall be available for reimburse- 2004. ated group as defined in section 1504(a) of the ments to the White House Communications PROHIBITION ON CONTRACTS WITH CORPORATE Internal Revenue Code of 1986 (without re- Agency. gard to section 1504(b) of such Code), except EXPATRIATES EXECUTIVE RESIDENCE AT THE WHITE HOUSE that section 1504(a) of such Code shall be ap- SEC. 212. (a) IN GENERAL.—The Secretary plied by substituting ‘‘more than 50 percent’’ OPERATING EXPENSES may not enter into any contract with a for- for ‘‘at least 80 percent’’ each place it ap- For the care, maintenance, repair and al- eign incorporated entity which is treated as pears. teration, refurnishing, improvement, heat- an inverted domestic corporation under sub- (3) FOREIGN INCORPORATED ENTITY.—The ing, and lighting, including electric power section (b), or any subsidiary of such entity. and fixtures, of the Executive Residence at (b) INVERTED DOMESTIC CORPORATION.—For term ‘‘foreign incorporated entity’’ means the White House and official entertainment purposes of this section, a foreign incor- any entity which is, or but for subsection (b) expenses of the President, $12,501,000, to be porated entity shall be treated as an in- would be, treated as a foreign corporation for expended and accounted for as provided by 3 verted domestic corporation if, pursuant to a purposes of the Internal Revenue Code of U.S.C. 105, 109, 110, and 112–114. plan (or a series of related transactions)— 1986. (1) the entity has completed the direct or (4) OTHER DEFINITIONS.—The terms ‘‘per- REIMBURSABLE EXPENSES indirect acquisition of substantially all of son’’, ‘‘domestic’’, and ‘‘foreign’’ have the For the reimbursable expenses of the Exec- the properties held directly or indirectly by meanings given such terms by paragraphs utive Residence at the White House, such a domestic corporation or substantially all (1), (4), and (5) of section 7701(a) of the Inter- sums as may be necessary: Provided, That all of the properties constituting a trade or nal Revenue Code of 1986, respectively. reimbursable operating expenses of the Exec- (d) WAIVER.—The President may waive sub- business of a domestic partnership, utive Residence shall be made in accordance section (a) with respect to any specific con- (2) after the acquisition at least 80 percent with the provisions of this paragraph: Pro- tract if the President certifies to Congress of the stock (by vote or value) of the entity vided further, That, notwithstanding any that the waiver is required in the interest of is held— other provision of law, such amount for re- national security. (A) in the case of an acquisition with re- imbursable operating expenses shall be the (e) EFFECTIVE DATE.—This section shall spect to a domestic corporation, by former exclusive authority of the Executive Resi- take effect one day after the date of this shareholders of the domestic corporation by dence to incur obligations and to receive off- bill’s enactment. reason of holding stock in the domestic cor- setting collections, for such expenses: Pro- poration, or TITLE III—POSTAL SERVICE vided further, That the Executive Residence (B) in the case of an acquisition with re- PAYMENT TO THE POSTAL SERVICE FUND shall require each person sponsoring a reim- spect to a domestic partnership, by former For payment to the Postal Service Fund bursable political event to pay in advance an partners of the domestic partnership by rea- for revenue forgone on free and reduced rate amount equal to the estimated cost of the son of holding a capital or profits interest in mail, pursuant to subsections (c) and (d) of event, and all such advance payments shall the domestic partnership, and section 2401 of title 39, United States Code, be credited to this account and remain avail- (3) the expanded affiliated group which $65,521,000, of which $36,521,000 shall not be able until expended: Provided further, That after the acquisition includes the entity does available for obligation until October 1, 2004: the Executive Residence shall require the na- not have substantial business activities in Provided, That mail for overseas voting and tional committee of the political party of the foreign country in which or under the mail for the blind shall continue to be free: the President to maintain on deposit $25,000, law of which the entity is created or orga- Provided further, That 6-day delivery and to be separately accounted for and available nized when compared to the total business rural delivery of mail shall continue at not for expenses relating to reimbursable polit- activities of such expanded affiliated group. less than the 1983 level: Provided further, ical events sponsored by such committee (c) DEFINITIONS AND SPECIAL RULES.—For That none of the funds made available to the during such fiscal year: Provided further, purposes of this section— Postal Service by this Act shall be used to That the Executive Residence shall ensure

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.075 H04PT1 H7904 CONGRESSIONAL RECORD — HOUSE September 4, 2003 that a written notice of any amount owed for passenger motor vehicles and services as au- Drug Trafficking Areas Program, $226,350,000, a reimbursable operating expense under this thorized by 5 U.S.C. 3109 and to carry out the for drug control activities consistent with paragraph is submitted to the person owing provisions of chapter 35 of title 44, United the approved strategy for each of the des- such amount within 60 days after such ex- States Code, $62,772,000, of which not to ex- ignated High Intensity Drug Trafficking pense is incurred, and that such amount is ceed $1,500 shall be available for official rep- Areas, of which no less than 51 percent shall collected within 30 days after the submission resentation expenses: Provided, That, as pro- be transferred to State and local entities for of such notice: Provided further, That the Ex- vided in 31 U.S.C. 1301(a), appropriations drug control activities, which shall be obli- ecutive Residence shall charge interest and shall be applied only to the objects for which gated within 120 days of the date of the en- assess penalties and other charges on any appropriations were made except as other- actment of this Act: Provided, That up to 49 such amount that is not reimbursed within wise provided by law: Provided further, That percent, to remain available until September such 30 days, in accordance with the interest none of the funds appropriated in this Act 30, 2005, may be transferred to Federal agen- and penalty provisions applicable to an out- for the Office of Management and Budget cies and departments at a rate to be deter- standing debt on a United States Govern- may be used for the purpose of reviewing any mined by the Director, of which not less ment claim under section 3717 of title 31, agricultural marketing orders or any activi- than $2,100,000 shall be used for auditing United States Code: Provided further, That ties or regulations under the provisions of services and associated activities, and at each such amount that is reimbursed, and the Agricultural Marketing Agreement Act least $500,000 of the $2,100,000 shall be used to any accompanying interest and charges, of 1937 (7 U.S.C. 601 et seq.): Provided further, develop and implement a data collection sys- shall be deposited in the Treasury as mis- That none of the funds made available for tem to measure the performance of the High cellaneous receipts: Provided further, That the Office of Management and Budget by this Intensity Drug Trafficking Areas Program: the Executive Residence shall prepare and Act may be expended for the altering of the Provided further, That High Intensity Drug submit to the Committees on Appropria- transcript of actual testimony of witnesses, Trafficking Areas Programs designated as of tions, by not later than 90 days after the end except for testimony of officials of the Office September 30, 2003, shall be funded at no less of the fiscal year covered by this Act, a re- of Management and Budget, before the Com- than the fiscal year 2003 initial allocation port setting forth the reimbursable oper- mittees on Appropriations or the Commit- levels unless the Director submits to the ating expenses of the Executive Residence tees on Veterans’ Affairs or their sub- Committees on Appropriations, and the Com- during the preceding fiscal year, including committees: Provided further, That the pre- mittees approve, justification for changes in the total amount of such expenses, the ceding shall not apply to printed hearings re- those levels based on clearly articulated pri- amount of such total that consists of reim- leased by the Committees on Appropriations orities for the High Intensity Drug Traf- bursable official and ceremonial events, the or the Committees on Veterans’ Affairs: Pro- ficking Areas Programs, as well as published amount of such total that consists of reim- vided further, That none of the funds appro- Office of National Drug Control Policy per- bursable political events, and the portion of priated in this Act may be available to pay formance measures of effectiveness: Provided each such amount that has been reimbursed the salary or expenses of any employee of further, That no funds of an amount in excess as of the date of the report: Provided further, the Office of Management and Budget who, of the fiscal year 2004 budget request shall be That the Executive Residence shall maintain after February 15, 2003, calculates, prepares, obligated prior to the approval of the Com- a system for the tracking of expenses related or approves any tabular or other material mittee on Appropriations. to reimbursable events within the Executive that proposes the sub-allocation of budget OTHER FEDERAL DRUG CONTROL PROGRAMS Residence that includes a standard for the authority or outlays by the Committees on classification of any such expense as polit- Appropriations among their subcommittees. (INCLUDING TRANSFER OF FUNDS) ical or nonpolitical: Provided further, That no OFFICE OF NATIONAL DRUG CONTROL POLICY For activities to support a national anti- provision of this paragraph may be construed drug campaign for youth, and for other pur- SALARIES AND EXPENSES to exempt the Executive Residence from any poses, authorized by (21 U.S.C. 1701 et seq.) as other applicable requirement of subchapter I (INCLUDING TRANSFER OF FUNDS) amended, $230,000,000, to remain available or II of chapter 37 of title 31, United States For necessary expenses of the Office of Na- until expended, of which the following Code. tional Drug Control Policy; for research ac- amounts are available as follows: $150,000,000 tivities pursuant to the Office of National to support a national media campaign; WHITE HOUSE REPAIR AND RESTORATION Drug Control Policy Reauthorization Act of $70,000,000 for a program of assistance and For the repair, alteration, and improve- 1998 (21 U.S.C. 1701 et seq.) as amended; not matching grants to local coalitions and ment of the Executive Residence at the to exceed $10,000 for official reception and other activities, as authorized in chapter 2 of White House, $4,225,000, to remain available representation expenses; and for participa- the National Narcotics Leadership Act of until expended, for required maintenance, tion in joint projects or in the provision of 1988, as amended; $4,500,000 for the safety and health issues, and continued pre- services on matters of mutual interest with Counterdrug Intelligence Executive Secre- ventative maintenance. nonprofit, research, or public organizations tariat; $2,000,000 for evaluations and research COUNCIL OF ECONOMIC ADVISERS or agencies, with or without reimbursement, related to National Drug Control Program SALARIES AND EXPENSES $28,790,000; of which $2,850,000 shall remain performance measures; $1,000,000 for the Na- available until expended, consisting of For necessary expenses of the Council of tional Drug Court Institute; $1,500,000 for the $1,350,000 for policy research and evaluation, Economic Advisors in carrying out its func- United States Anti-Doping Agency for anti- and $1,500,000 for the National Alliance for tions under the Employment Act of 1946 (15 doping activities; and $1,000,000 for the Model State Drug Laws: Provided, That the U.S.C. 1021), $4,000,000. United States membership dues to the World Office is authorized to accept, hold, admin- Anti-Doping Agency: Provided, That such OFFICE OF POLICY DEVELOPMENT ister, and utilize gifts, both real and per- funds may be transferred to other Federal SALARIES AND EXPENSES sonal, public and private, without fiscal year departments and agencies to carry out such For necessary expenses of the Office of Pol- limitation, for the purpose of aiding or fa- activities: Provided further, That of the icy Development, including services as au- cilitating the work of the Office. amounts appropriated for a national media thorized by 5 U.S.C. 3109 and 3 U.S.C. 107, COUNTERDRUG TECHNOLOGY ASSESSMENT campaign, no less than 77 percent shall be $4,109,000. CENTER used for the purchase of advertising time and space for the national media campaign. NATIONAL SECURITY COUNCIL (INCLUDING TRANSFER OF FUNDS) SALARIES AND EXPENSES For necessary expenses for the UNANTICIPATED NEEDS For necessary expenses of the National Se- Counterdrug Technology Assessment Center For expenses necessary to enable the Presi- curity Council, including services as author- for research activities pursuant to the Office dent to meet unanticipated needs, in further- ized by 5 U.S.C. 3109, $9,000,000. of National Drug Control Policy Reauthor- ance of the national interest, security, or de- ization Act of 1998 (21 U.S.C. 1701 et seq.) as fense which may arise at home or abroad OFFICE OF ADMINISTRATION amended, $40,000,000, which shall remain during the current fiscal year, as authorized SALARIES AND EXPENSES available until expended, consisting of by 3 U.S.C. 108, $1,000,000. For necessary expenses of the Office of Ad- $18,000,000 for counternarcotics research and SPECIAL ASSISTANCE TO THE PRESIDENT AND ministration, including services as author- development projects, and $22,000,000 for the THE OFFICIAL RESIDENCE OF THE VICE ized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire continued operation of the technology trans- PRESIDENT of passenger motor vehicles, $82,826,000, of fer program: Provided, That the $18,000,000 for SALARIES AND EXPENSES which $17,470,000 shall remain available until counternarcotics research and development expended for the Capital Investment Plan for projects shall be available for transfer to For necessary expenses to enable the Vice continued modernization of the information other Federal departments or agencies. President to provide assistance to the Presi- technology infrastructure within the Execu- FEDERAL DRUG CONTROL PROGRAMS dent in connection with specially assigned tive Office of the President. functions; services as authorized by 5 U.S.C. HIGH INTENSITY DRUG TRAFFICKING AREAS 3109 and 3 U.S.C. 106, including subsistence OFFICE OF MANAGEMENT AND BUDGET PROGRAM expenses as authorized by 3 U.S.C. 106, which SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) shall be expended and accounted for as pro- For necessary expenses of the Office of For necessary expenses of the Office of Na- vided in that section; and hire of passenger Management and Budget, including hire of tional Drug Control Policy’s High Intensity motor vehicles, $4,461,000.

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OPERATING EXPENSES FEDERAL LABOR RELATIONS New Construction: (INCLUDING TRANSFER OF FUNDS) AUTHORITY California: San Diego, Border Station, $34,211,000 For the care, operation, refurnishing, im- SALARIES AND EXPENSES Georgia: provement, and to the extent not otherwise For necessary expenses to carry out func- Atlanta, Tuttle Building Annex, $10,600,000 provided for, heating and lighting, including tions of the Federal Labor Relations Author- Maine: electric power and fixtures, of the official ity, pursuant to Reorganization Plan Num- Jackman, Border Station, $7,712,000 residence of the Vice President; the hire of bered 2 of 1978, and the Civil Service Reform Maryland: passenger motor vehicles; and not to exceed Act of 1978, including services authorized by Suitland, United States Census Bureau, $90,000 for official entertainment expenses of 5 U.S.C. 3109, and including hire of experts $146,451,000 the Vice President, to be accounted for sole- and consultants, hire of passenger motor ve- Michigan: ly on his certificate, $331,000: Provided, That hicles, and rental of conference rooms in the Detroit, Ambassador Bridge Border Sta- advances or repayments or transfers from District of Columbia and elsewhere, tion, $25,387,000 this appropriation may be made to any de- $29,611,000: Provided, That public members of New York: partment or agency for expenses of carrying the Federal Service Impasses Panel may be Champlain, Border Station, $31,031,000 out such activities. paid travel expenses and per diem in lieu of Texas: TITLE V—INDEPENDENT AGENCIES subsistence as authorized by law (5 U.S.C. 5703) for persons employed intermittently in Del Rio, Border Station, $23,966,000 ARCHITECTURAL AND TRANSPOR- the Government service, and compensation Eagle Pass, Border Station, $31,980,000 TATION BARRIERS COMPLIANCE as authorized by 5 U.S.C. 3109: Provided fur- Houston, Federal Bureau of Investigation, BOARD ther, That notwithstanding 31 U.S.C. 3302, $58,080,000 SALARIES AND EXPENSES funds received from fees charged to non-Fed- McAllen, Border Station, $17,938,000 For expenses necessary for the Architec- eral participants at labor-management rela- Washington: tural and Transportation Barriers Compli- tions conferences shall be credited to and Blaine, Border Station, $9,812,000 Nonprospectus Construction, $9,000,000: ance Board, as authorized by section 502 of merged with this account, to be available the Rehabilitation Act of 1973, as amended without further appropriation for the costs $5,401,000: Provided, That, notwithstanding of carrying out these conferences. Provided, That each of the foregoing limits of costs on new construction projects may be any other provision of law, there may be FEDERAL MARITIME COMMISSION credited to this appropriation funds received exceeded to the extent that savings are ef- SALARIES AND EXPENSES for publications and training expenses, to be fected in other such projects, but not to ex- available for the purpose of this account. For necessary expenses of the Federal Mar- ceed 10 percent of the amounts included in itime Commission as authorized by section an approved prospectus, if required, unless NATIONAL TRANSPORTATION SAFETY 201(d) of the Merchant Marine Act, 1936, as advance approval is obtained from the Com- BOARD amended (46 U.S.C. App. 1111), including serv- mittees on Appropriations of a greater SALARIES AND EXPENSES ices as authorized by 5 U.S.C. 3109; hire of amount: Provided further, That all funds for For necessary expenses of the National passenger motor vehicles as authorized by 31 direct construction projects shall expire on Transportation Safety Board, including hire U.S.C. 1343(b); and uniforms or allowances September 30, 2005, and remain in the Fed- of passenger motor vehicles and aircraft; therefore, as authorized by 5 U.S.C. 5901–5902, eral Buildings Fund except for funds for services as authorized by 5 U.S.C. 3109, but at $18,471,000: Provided, That not to exceed $2,000 projects as to which funds for design or other rates for individuals not to exceed the per shall be available for official reception and funds have been obligated in whole or in part diem rate equivalent to the rate for a GS–15; representation expenses. prior to such date; (2) $1,010,454,000 shall re- uniforms, or allowances therefor, as author- GENERAL SERVICES ADMINISTRATION main available until expended for repairs ized by law (5 U.S.C. 5901–5902) $76,679,000, of REAL PROPERTY ACTIVITIES and alterations, which includes associated which not to exceed $2,000 may be used for design and construction services: (FEDERAL BUILDINGS FUND) official reception and representation ex- Colorado: penses. (LIMITATIONS ON AVAILABILITY OF REVENUE) Denver, Byron G. Rogers Federal Build- EMERGENCY FUND (INCLUDING TRANSFER OF FUNDS) ing—Courthouse, $39,436,000 District of Columbia: For necessary expenses of the National For an additional amount to be deposited 320 First Street, $7,485,000 Transportation Safety Board for accident in- in, and to be used for the purposes of, the Eisenhower Executive Office Building, vestigations, $600,000, to remain available Fund established pursuant to section 210(f) of $65,757,000 until expended: Provided, That these funds the Federal Property and Administrative Federal Office Building 8, $134,872,000 shall be available only to the extent nec- Services Act of 1949, as amended (40 U.S.C. Main Interior Building, $15,603,000 essary to restore the balance of the emer- 592), $247,350,000. The revenues and collec- Fire & Life Safety, $68,188,000 gency fund to $2,000,000 (29 U.S.C. 1118 (b)). tions deposited into the Fund shall be avail- able for necessary expenses of real property Georgia: COMMITTEE FOR PURCHASE FROM PEO- management and related activities not oth- Atlanta, Richard B. Russell Federal Build- PLE WHO ARE BLIND OR SEVERELY erwise provided for, including operation, ing, $32,173,000 DISABLED maintenance, and protection of federally Illinois: SALARIES AND EXPENSES owned and leased buildings; rental of build- Chicago, Dirksen Courthouse & Kluczynski For necessary expenses of the Committee ings in the District of Columbia; restoration Federal Building, $24,056,000 for Purchase From People Who Are Blind or of leased premises; moving governmental Springfield, Paul H. Findley Federal Build- Severely Disabled established by Public Law agencies (including space adjustments and ing—Courthouse, $6,183,000 92–28, $4,725,000. telecommunications relocation expenses) in Massachusetts: Boston, John W. McCormack Post Office FEDERAL ELECTION COMMISSION connection with the assignment, allocation and transfer of space; contractual services and Courthouse, $73,037,000 SALARIES AND EXPENSES incident to cleaning or servicing buildings, New York: For necessary expenses to carry out the and moving; repair and alteration of feder- Brooklyn, Emanuel Celler Courthouse, provisions of the Federal Election Campaign ally owned buildings including grounds, ap- $65,511,000 Act of 1971, as amended, $50,440,000, of which proaches and appurtenances; care and safe- North Dakota: no less than $6,389,900 shall be available for guarding of sites; maintenance, preservation, Fargo, Federal Building—Post Office, internal automated data processing systems, demolition, and equipment; acquisition of $5,801,000 and of which not to exceed $5,000 shall be buildings and sites by purchase, condemna- Ohio: available for reception and representation tion, or as otherwise authorized by law; ac- Columbus, John W. Bricker Federal Build- expenses. quisition of options to purchase buildings ing, $10,707,000 ELECTION ASSISTANCE COMMISSION and sites; conversion and extension of feder- Washington: Auburn, Building 7, Auburn Federal Build- SALARIES AND EXPENSES ally owned buildings; preliminary planning and design of projects by contract or other- ing, $18,315,000 For necessary expenses to carry out the wise; construction of new buildings (includ- Seattle, Henry M. Jackson Federal Build- Help America Vote Act of 2002, $5,000,000. ing equipment for such buildings); and pay- ing, $6,868,000 ELECTION REFORM PROGRAMS ment of principal, interest, and any other ob- Special Emphasis Programs: For necessary expenses to carry out a pro- ligations for public buildings acquired by in- Chlorofluorocarbons Program, $5,000,000 gram of requirements payments to States as stallment purchase and purchase contract; in Energy Program, $5,000,000 authorized by Section 257 of the Help Amer- the aggregate amount of $6,557,518,000, of Glass Fragmentation Program, $20,000,000 ica Vote Act of 2002, $495,000,000: Provided, which: (1) $406,168,000 shall remain available Design Program, $41,462,000 That no more that 1⁄10 of 1 percent of funds until expended for construction (including Basic Repairs and Alterations, $365,000,000: available for requirements payments under funds for sites and expenses and associated Section 257 of the Help America Vote Act of design and construction services) of addi- Provided further, That of the funds provided 2002 shall be allocated to any territory. tional projects at the following locations: in this Act for the repair of the Eisenhower

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.075 H04PT1 H7906 CONGRESSIONAL RECORD — HOUSE September 4, 2003 Executive Office Building, $30,757,000 is not Administrative Services Act of 1949 (40 ministration shall be credited with the cost available for obligation until 15 days after U.S.C. 592(b)(2)) in excess of $6,557,518,000 of operation, protection, maintenance, up- the Executive Office of the President sub- shall remain in the Fund and shall not be keep, repair, and improvement, included as mits a report to the Committees on Appro- available for expenditure except as author- part of rentals received from Government priations regarding the use of non-Federal ized in appropriations Acts. corporations pursuant to law (40 U.S.C. 129). funding in renovation and furnishing efforts GENERAL ACTIVITIES SEC. 502. Funds available to the General for the Eisenhower Executive Office Build- Services Administration shall be available GOVERNMENTWIDE POLICY ing: Provided further, That funds made avail- for the hire of passenger motor vehicles. able in any previous Act in the Federal For expenses authorized by law, not other- SEC. 503. Funds in the Federal Buildings Buildings Fund for Repairs and Alterations wise provided for, for Government-wide pol- Fund made available for fiscal year 2004 for shall, for prospectus projects, be limited to icy and evaluation activities associated with Federal Buildings Fund activities may be the amount identified for each project, ex- the management of real and personal prop- transferred between such activities only to cept each project in any previous Act may be erty assets and certain administrative serv- the extent necessary to meet program re- increased by an amount not to exceed 10 per- ices; Government-wide policy support re- quirements: Provided, That any proposed cent unless advance approval is obtained sponsibilities relating to acquisition, tele- transfers shall be approved in advance by the from the Committees on Appropriations of a communications, information technology Committees on Appropriations. greater amount: Provided further, That addi- management, and related technology activi- SEC. 504. No funds made available by this tional projects for which prospectuses have ties; and services as authorized by 5 U.S.C. Act shall be used to transmit a fiscal year been fully approved may be funded under 3109, $56,383,000. 2005 request for United States Courthouse this category only if advance approval is ob- OPERATING EXPENSES construction that: (1) does not meet the de- tained from the Committees on Appropria- For expenses authorized by law, not other- sign guide standards for construction as es- tions: Provided further, That the amounts wise provided for, for Government-wide ac- tablished and approved by the General Serv- provided in this or any prior Act for ‘‘Re- tivities associated with utilization and dona- ices Administration, the Judicial Conference pairs and Alterations’’ may be used to fund tion of surplus personal property; disposal of of the United States, and the Office of Man- costs associated with implementing security real property; telecommunications, informa- agement and Budget; and (2) does not reflect improvements to buildings necessary to tion technology management, and related the priorities of the Judicial Conference of meet the minimum standards for security in technology activities; providing Internet ac- the United States as set out in its approved accordance with current law and in compli- cess to Federal information and services; 5-year construction plan: Provided, That the ance with the reprogramming guidelines of agency-wide policy direction and manage- fiscal year 2005 request must be accompanied the appropriate Committees of the House ment, and Board of Contract Appeals; ac- by a standardized courtroom utilization and Senate: Provided further, That the dif- counting, records management, and other study of each facility to be constructed, re- ference between the funds appropriated and support services incident to adjudication of placed, or expanded. expended on any projects in this or any prior Indian Tribal Claims by the United States SEC. 505. None of the funds provided in this Act, under the heading ‘‘Repairs and Alter- Court of Federal Claims; services as author- Act may be used to increase the amount of ations’’, may be transferred to Basic Repairs ized by 5 U.S.C. 3109; and not to exceed $7,500 occupiable square feet, provide cleaning and Alterations or used to fund authorized for official reception and representation ex- services, security enhancements, or any increases in prospectus projects: Provided penses, $79,110,000. other service usually provided through the further, That all funds for repairs and alter- Federal Buildings Fund, to any agency that ations prospectus projects shall expire on OFFICE OF INSPECTOR GENERAL does not pay the rate per square foot assess- September 30, 2005 and remain in the Federal For necessary expenses of the Office of In- ment for space and services as determined by Buildings Fund except funds for projects as spector General and services authorized by 5 the General Services Administration in com- to which funds for design or other funds have U.S.C. 3109, $39,169,000: Provided, That not to pliance with the Public Buildings Amend- been obligated in whole or in part prior to exceed $15,000 shall be available for payment ments Act of 1972 (Public Law 92–313). such date: Provided further, That the amount for information and detection of fraud SEC. 506. Funds provided to other Govern- provided in this or any prior Act for Basic against the Government, including payment ment agencies by the Information Tech- Repairs and Alterations may be used to pay for recovery of stolen Government property: nology Fund, General Services Administra- claims against the Government arising from Provided further, That not to exceed $2,500 tion, under section 110 of the Federal Prop- any projects under the heading ‘‘Repairs and shall be available for awards to employees of erty and Administrative Services Act of 1949 Alterations’’ or used to fund authorized in- other Federal agencies and private citizens (40 U.S.C. 757) and sections 5124(b) and 5128 of creases in prospectus projects; (3) $169,745,000 in recognition of efforts and initiatives re- the Clinger-Cohen Act of 1996 (40 U.S.C. for installment acquisition payments includ- sulting in enhanced Office of Inspector Gen- 1424(b) and 1428), for performance of pilot in- ing payments on purchase contracts which eral effectiveness. formation technology projects which have shall remain available until expended; (4) ELECTRONIC GOVERNMENT FUND potential for Government-wide benefits and $3,308,187,000 for rental of space which shall (INCLUDING TRANSFER OF FUNDS) savings, may be repaid to this Fund from remain available until expended; and (5) any savings actually incurred by these For necessary expenses in support of inter- $1,608,708,000 for building operations which projects or other funding, to the extent fea- agency projects that enable the Federal Gov- shall remain available until expended: Pro- sible. vided further, That funds available to the ernment to expand its ability to conduct ac- SEC. 507. From funds made available under General Services Administration shall not be tivities electronically, through the develop- the heading ‘‘Federal Buildings Fund, Limi- available for expenses of any construction, ment and implementation of innovative uses tations on Availability of Revenue’’, claims repair, alteration and acquisition project for of the Internet and other electronic methods, against the Government of less than $250,000 which a prospectus, if required by the Public $1,000,000, to remain available until ex- arising from direct construction projects and Buildings Act of 1959, as amended, has not pended: Provided, That these funds may be acquisition of buildings may be liquidated been approved, except that necessary funds transferred to Federal agencies to carry out from savings effected in other construction may be expended for each project for re- the purposes of the Fund: Provided further, projects with prior notification to the Com- quired expenses for the development of a pro- That this transfer authority shall be in addi- mittees on Appropriations. posed prospectus: Provided further, That tion to any other transfer authority provided SEC. 508. None of the funds in this Act may funds available in the Federal Buildings in this Act: Provided further, That such be used by the General Services Administra- Fund may be expended for emergency repairs transfers may not be made until 10 days tion to develop or implement a mandatory when advance approval is obtained from the after a proposed spending plan and justifica- system without exceptions that requires Committees on Appropriations: Provided fur- tion for each project to be undertaken has agencies government-wide to use a specific ther, That amounts necessary to provide re- been submitted to the Committees on Appro- electronic travel solution or the eTravel imbursable special services to other agencies priations. Service: Provided, That this section shall under section 210(f)(6) of the Federal Prop- ALLOWANCES AND OFFICE STAFF FOR FORMER also apply to the Department of Transpor- erty and Administrative Services Act of 1949, PRESIDENTS tation in any development of electronic trav- as amended (40 U.S.C. 592(b)(2)) and amounts (INCLUDING TRANSFER OF FUNDS) el solutions for its modal administrations. to provide such reimbursable fencing, light- SEC. 509. (a) The Administrator of General For carrying out the provisions of the Act ing, guard booths, and other facilities on pri- Services shall carry out the authority of the of August 25, 1958, as amended (3 U.S.C. 102 vate or other property not in Government Election Assistance Commission to make note), and Public Law 95–138, $3,393,000: Pro- ownership or control as may be appropriate election assistance payments under subtitle vided, That the Administrator of General to enable the United States Secret Service to D of title II of the Help America Vote Act of Services shall transfer to the Secretary of perform its protective functions pursuant to 2002, including the authority under such sub- the Treasury such sums as may be necessary 18 U.S.C. 3056, shall be available from such title to receive statements and applications to carry out the provisions of such Acts. revenues and collections: Provided further, from entities seeking such payments and re- That revenues and collections and any other GENERAL PROVISIONS—GENERAL SERVICES ports from entities receiving such payments. sums accruing to this Fund during fiscal ADMINISTRATION (b) The authority of the Administrator of year 2004, excluding reimbursements under SEC. 501. The appropriate appropriation or General Services under subsection (a) shall section 210(f)(6) of the Federal Property and fund available to the General Services Ad- apply with respect to amounts appropriated

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.075 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7907 for fiscal year 2004 and amounts appropriated ings: Provided further, That, of the funds pro- vided by sections 8348(a)(1)(B), 8909(g), and for fiscal year 2003 which remain unobligated vided in this paragraph, $600,000 shall be for 9004(f)(1)(A) and (2)(A) of title 5, United and unexpended at the end of fiscal year 2003, the preservation of the records of the Freed- States Code: Provided further, That no part of except that this authority shall expire upon men’s Bureau. this appropriation shall be available for sala- the earlier of— ELECTRONIC RECORDS ARCHIVE ries and expenses of the Legal Examining (1) the expiration of the 3-month period Unit of the Office of Personnel Management For necessary expenses in connection with which begins on the date on which all mem- established pursuant to Executive Order No. the development of an electronic records ar- bers of the Election Assistance Commission 9358 of July 1, 1943, or any successor unit of chive, to include all direct project costs as- are appointed; or like purpose: Provided further, That the sociated with research, analysis, design, de- (2) June 30, 2004. President’s Commission on White House Fel- velopment, and program management, (c) Upon the appointment of all members lows, established by Executive Order No. $35,914,000, of which $22,000,000 shall remain of the Election Assistance Commission, the 11183 of October 3, 1964, may, during fiscal available until September 30, 2006. Administrator of General Services shall year 2004, accept donations of money, prop- transmit to the Commission all statements, REPAIRS AND RESTORATION erty, and personal services in connection applications, and reports received by the Ad- For the repair, alteration, and improve- with the development of a publicity brochure ministrator in carrying out this section. ment of archives facilities, and to provide to provide information about the White SEC. 510. None of the funds made available adequate storage for holdings, $6,458,000, to House Fellows, except that no such dona- in this Act may be used by the General Serv- remain available until expended, of which tions shall be accepted for travel or reim- ices Administration to establish a quick re- $500,000 is for the Military Personnel Records bursement of travel expenses, or for the sala- sponse team processing center on East Center requirements study. ries of employees of such Commission. Brainerd Road in Chattanooga, Tennessee. NATIONAL HISTORICAL PUBLICATIONS AND OFFICE OF INSPECTOR GENERAL MERIT SYSTEMS PROTECTION BOARD RECORDS COMMISSION SALARIES AND EXPENSES SALARIES AND EXPENSES GRANTS PROGRAM (INCLUDING TRANSFER OF TRUST FUNDS) (INCLUDING TRANSFER OF FUNDS) For necessary expenses for allocations and For necessary expenses of the Office of In- For necessary expenses to carry out func- grants for historical publications and records spector General in carrying out the provi- tions of the Merit Systems Protection Board as authorized by 44 U.S.C. 2504, as amended, sions of the Inspector General Act, as pursuant to Reorganization Plan Numbered 2 $10,000,000, to remain available until ex- amended, including services as authorized by of 1978 and the Civil Service Reform Act of pended. 5 U.S.C. 3109, hire of passenger motor vehi- cles, $1,498,000, and in addition, not to exceed 1978, including services as authorized by 5 OFFICE OF GOVERNMENT ETHICS U.S.C. 3109, rental of conference rooms in the $14,427,000 for administrative expenses to SALARIES AND EXPENSES District of Columbia and elsewhere, hire of audit, investigate, and provide other over- passenger motor vehicles, and direct pro- For necessary expenses to carry out func- sight of the Office of Personnel Manage- curement of survey printing, $32,877,000, to- tions of the Office of Government Ethics pur- ment’s retirement and insurance programs, gether with not to exceed $2,626,000 for ad- suant to the Ethics in Government Act of to be transferred from the appropriate trust ministrative expenses to adjudicate retire- 1978, as amended and the Ethics Reform Act funds of the Office of Personnel Manage- ment, as determined by the Inspector Gen- ment appeals to be transferred from the Civil of 1989, including services as authorized by 5 eral: Provided, That the Inspector General is Service Retirement and Disability Fund in U.S.C. 3109, rental of conference rooms in the authorized to rent conference rooms in the amounts determined by the Merit Systems District of Columbia and elsewhere, hire of District of Columbia and elsewhere. Protection Board. passenger motor vehicles, and not to exceed $1,500 for official reception and representa- GOVERNMENT PAYMENT FOR ANNUITANTS, MORRIS K. UDALL SCHOLARSHIP AND tion expenses, $10,738,000. EMPLOYEES HEALTH BENEFITS EXCELLENCE IN NATIONAL ENVIRON- MENTAL POLICY FOUNDATION OFFICE OF PERSONNEL MANAGEMENT For payment of Government contributions SALARIES AND EXPENSES with respect to retired employees, as author- MORRIS K. UDALL SCHOLARSHIP AND EXCEL- ized by chapter 89 of title 5, United States LENCE IN NATIONAL ENVIRONMENTAL POLICY (INCLUDING TRANSFER OF TRUST FUNDS) Code, and the Retired Federal Employees TRUST FUND For necessary expenses to carry out func- Health Benefits Act (74 Stat. 849), as amend- For payment to the Morris K. Udall Schol- tions of the Office of Personnel Management ed, such sums as may be necessary. arship and Excellence in National Environ- pursuant to Reorganization Plan Numbered 2 GOVERNMENT PAYMENT FOR ANNUITANTS, mental Policy Trust Fund, pursuant to the of 1978 and the Civil Service Reform Act of EMPLOYEE LIFE INSURANCE Morris K. Udall Scholarship and Excellence 1978, including services as authorized by 5 For payment of Government contributions in National Environmental and Native U.S.C. 3109; medical examinations performed with respect to employees retiring after De- American Public Policy Act of 1992 (20 U.S.C. for veterans by private physicians on a fee cember 31, 1989, as required by chapter 87 of 5601 et seq.), $1,300,000, to remain available basis; rental of conference rooms in the Dis- title 5, United States Code, such sums as until expended of which $100,000 shall be used trict of Columbia and elsewhere; hire of pas- may be necessary. to conduct financial audits pursuant to the senger motor vehicles; not to exceed $2,500 PAYMENT TO CIVIL SERVICE RETIREMENT AND Accountability of Tax Dollars Act of 2002 for official reception and representation ex- DISABILITY FUND (Public Law 107–289) notwithstanding sec- penses; advances for reimbursements to ap- tions 8 and 9 of Public Law 102–259: Provided, plicable funds of the Office of Personnel For financing the unfunded liability of new That up to 70 percent of such funds may be Management and the Federal Bureau of In- and increased annuity benefits becoming ef- transferred by the Morris K. Udall Scholar- vestigation for expenses incurred under Ex- fective on or after October 20, 1969, as au- ship and Excellence in National Environ- ecutive Order No. 10422 of January 9, 1953, as thorized by 5 U.S.C. 8348, and annuities under mental Policy Foundation for the necessary amended; and payment of per diem and/or special Acts to be credited to the Civil Serv- expenses of the Native Nations Institute. subsistence allowances to employees where ice Retirement and Disability Fund, such Voting Rights Act activities require an em- sums as may be necessary: Provided, That an- ENVIRONMENTAL DISPUTE RESOLUTION FUND nuities authorized by the Act of May 29, 1944, For payment to the Environmental Dis- ployee to remain overnight at his or her post of duty, $119,498,000, of which $2,000,000 shall as amended, and the Act of August 19, 1950, pute Resolution Fund to carry out activities as amended (33 U.S.C. 771–775), may hereafter authorized in the Environmental Policy and remain available until expended for the cost of the enterprise human resources integra- be paid out of the Civil Service Retirement Conflict Resolution Act of 1998, $1,300,000, to and Disability Fund. remain available until expended. tion project, $2,500,000 shall remain available until expended for the cost of leading the HUMAN CAPITAL PERFORMANCE FUND NATIONAL ARCHIVES AND RECORDS government-wide initiative to modernize fed- (INCLUDING TRANSFER OF FUNDS) ADMINISTRATION eral payroll systems and service delivery, For a human capital performance fund, OPERATING EXPENSES and $2,500,000 shall remain available through $2,500,000: Provided, That such amount shall For necessary expenses in connection with September 30, 2005 to coordinate and conduct not be available for obligation or transfer the administration of the National Archives program evaluation and performance meas- until enactment of legislation that estab- and Records Administration (including the urement; and in addition $126,854,000 for ad- lishes a human capital performance fund Information Security Oversight Office) and ministrative expenses, to be transferred from within the Office of Personnel Management: archived Federal records and related activi- the appropriate trust funds of the Office of Provided further, That such amounts as deter- ties, as provided by law, and for expenses Personnel Management without regard to mined by the Director of the Office of Per- necessary for the review and declassification other statutes, including direct procurement sonnel Management may be transferred to of documents, and for the hire of passenger of printed materials, for the retirement and federal agencies to carry out the purposes of motor vehicles, $255,191,000: Provided, That insurance programs, of which $27,640,000 shall this fund as authorized: Provided further, the Archivist of the United States is author- remain available until expended for the cost That no funds shall be available for obliga- ized to use any excess funds available from of automating the retirement recordkeeping tion or transfer to any federal agency until the amount borrowed for construction of the systems: Provided, That the provisions of the Director has notified the relevant sub- National Archives facility, for expenses nec- this appropriation shall not affect the au- committees of jurisdiction of the Commit- essary to provide adequate storage for hold- thority to use applicable trust funds as pro- tees on Appropriations of the approval of a

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.076 H04PT1 H7908 CONGRESSIONAL RECORD — HOUSE September 4, 2003

performance pay plan for that agency, and SEC. 609. (a) No recipient of funds made mines represent improper payments by the the prior approval of such subcommittees available in this Act shall disseminate per- Department of Transportation to a third has been attained. sonal information (as defined in 18 U.S.C. party contractor under a financial assistance OFFICE OF SPECIAL COUNSEL 2725(3)) obtained by a State department of award, which are recovered pursuant to law, SALARIES AND EXPENSES motor vehicles in connection with a motor shall be available— vehicle record as defined in 18 U.S.C. 2725(1), (1) to reimburse the actual expenses in- For necessary expenses to carry out func- except as provided in 18 U.S.C. 2721 for a use curred by the Department of Transportation tions of the Office of Special Counsel pursu- permitted under 18 U.S.C. 2721. in recovering improper payments; and ant to Reorganization Plan Numbered 2 of (b) Notwithstanding subsection (a), no de- (2) to pay contractors for services provided 1978, the Civil Service Reform Act of 1978 partment or agency shall withhold funds pro- in recovering improper payments: Provided, (Public Law 95–454), as amended, the Whistle- vided in this Act for any grantee if a State That amounts in excess of that required for blower Protection Act of 1989 (Public Law is in noncompliance with this provision. paragraphs (1) and (2)— 101–12), as amended, Public Law 103–424, and SEC. 610. Funds received by the Federal the Uniformed Services Employment and Re- (A) shall be credited to and merged with Highway Administration, Federal Transit the appropriation from which the improper employment Act of 1994 (Public Law 103–353), Administration, and Federal Railroad Ad- including services as authorized by 5 U.S.C. payments were made, and shall be available ministration from States, counties, munici- for the purposes and period for which such 3109, payment of fees and expenses for wit- palities, other public authorities, and private nesses, rental of conference rooms in the Dis- appropriations are available; or sources for expenses incurred for training (B) if no such appropriation remains avail- trict of Columbia and elsewhere, and hire of may be credited respectively to the Federal passenger motor vehicles; $13,504,000. able, shall be deposited in the Treasury as Highway Administration’s ‘‘Federal-Aid miscellaneous receipts: Provided further, UNITED STATES TAX COURT Highways’’ account, the Federal Transit Ad- That prior to the transfer of any such recov- SALARIES AND EXPENSES ministration’s ‘‘Transit Planning and Re- ery to an appropriations account, the Sec- For necessary expenses, including contract search’’ account, and to the Federal Railroad retary shall notify the House and Senate reporting and other services as authorized by Administration’s ‘‘Safety and Operations’’ Committees on Appropriations of the 5 U.S.C. 3109, $40,187,000: Provided, That trav- account, except for State rail safety inspec- amount and reasons for such transfer: Pro- el expenses of the judges shall be paid upon tors participating in training pursuant to 49 vided further, That for purposes of this sec- the written certificate of the judge. U.S.C. 20105. tion, the term ‘‘improper payments,’’ has the SEC. 611. Notwithstanding any other provi- WHITE HOUSE COMMISSION ON THE same meaning as that provided in section sion of law, rule or regulation, the Secretary NATIONAL MOMENT OF REMEMBRANCE 2(d)(2) of Public Law 107–300. of Transportation is authorized to allow the SEC. 618. The Secretary of Transportation For necessary expenses of the White House issuer of any preferred stock heretofore sold Commission on the National Moment of Re- is authorized to transfer the unexpended bal- to the Department to redeem or repurchase ances available for the bonding assistance membrance, $250,000. such stock upon the payment to the Depart- TITLE VI—GENERAL PROVISIONS program from ‘‘Office of the Secretary, Sala- ment of an amount determined by the Sec- ries and expenses’’ to ‘‘Minority Business THIS ACT retary. Outreach’’. EC (INCLUDING TRANSFERS OF FUNDS) S . 612. None of the funds in title I of this SEC. 619. None of the funds made available SEC. 601. During the current fiscal year ap- Act may be used to make a grant unless the by this Act shall be available for any activ- plicable appropriations to the Department of Secretary of Transportation notifies the ity or for paying the salary of any Govern- Transportation shall be available for mainte- House and Senate Committees on Appropria- ment employee where funding an activity or nance and operation of aircraft; hire of pas- tions not less than 3 full business days before paying a salary to a Government employee senger motor vehicles and aircraft; purchase any discretionary grant award, letter of in- would result in a decision, determination, of liability insurance for motor vehicles op- tent, or full funding grant agreement total- rule, regulation, or policy that would pro- erating in foreign countries on official de- ing $1,000,000 or more is announced by the de- hibit the enforcement of section 307 of the partment business; and uniforms, or allow- partment or its modal administrations from: Tariff Act of 1930. ances therefor, as authorized by law (5 U.S.C. (1) any discretionary grant program of the SEC. 620. No part of any appropriation con- 5901–5902). Federal Highway Administration other than tained in this Act shall be available to pay SEC. 602. Such sums as may be necessary the emergency relief program; (2) the airport the salary for any person filling a position, for fiscal year 2004 pay raises for programs improvement program of the Federal Avia- other than a temporary position, formerly funded in this Act shall be absorbed within tion Administration; or (3) any program of held by an employee who has left to enter the levels appropriated in this Act or pre- the Federal Transit Administration other the Armed Forces of the United States and vious appropriations Acts. than the formula grants and fixed guideway has satisfactorily completed his period of ac- SEC. 603. Appropriations contained in this modernization programs: Provided, That no tive military or naval service, and has with- Act for the Department of Transportation notification shall involve funds that are not in 90 days after his release from such service shall be available for services as authorized available for obligation. or from hospitalization continuing after dis- by 5 U.S.C. 3109, but at rates for individuals SEC. 613. For the purpose of any applicable charge for a period of not more than 1 year, not to exceed the per diem rate equivalent to law, for fiscal year 2004, the city of Norman, made application for restoration to his the rate for an Executive Level IV. Oklahoma, shall be considered to be part of former position and has been certified by the SEC. 604. None of the funds in this Act shall the Oklahoma City Transportation Manage- Office of Personnel Management as still be available for salaries and expenses of ment Area. qualified to perform the duties of his former more than 110 political and Presidential ap- SEC. 614. None of the funds in this Act may position and has not been restored thereto. pointees in the Department of Transpor- be obligated for the Office of the Secretary SEC. 621. No funds appropriated pursuant to tation: Provided, That none of the personnel of Transportation to approve assessments or this Act may be expended by an entity un- covered by this provision may be assigned on reimbursable agreements pertaining to funds less the entity agrees that in expending the temporary detail outside the Department of appropriated to the modal administrations assistance the entity will comply with sec- Transportation. in this Act, except for activities underway tions 2 through 4 of the Act of March 3, 1933 SEC. 605. None of the funds in this Act shall on the date of enactment of this Act, unless (41 U.S.C. 10a–10c, popularly known as the be used for the planning or execution of any such assessments or agreements have com- ‘‘Buy American Act’’). program to pay the expenses of, or otherwise pleted the normal reprogramming process SEC. 622. Except as otherwise specifically compensate, non-Federal parties intervening for Congressional notification. provided by law, not to exceed 50 percent of in regulatory or adjudicatory proceedings SEC. 615. None of the funds made available unobligated balances remaining available at funded in this Act. in this Act may be transferred to any depart- the end of fiscal year 2004 from appropria- SEC. 606. None of the funds appropriated in ment, agency, or instrumentality of the tions made available for salaries and ex- this Act shall remain available for obliga- United States Government, except pursuant penses for fiscal year 2004 in this Act, shall tion beyond the current fiscal year, nor may to a transfer made by, or transfer authority remain available through September 30, 2005, any be transferred to other appropriations, provided in, this Act or any other appropria- for each such account for the purposes au- unless expressly so provided herein. tions Act. thorized: Provided, That a request shall be SEC. 607. The expenditure of any appropria- SEC. 616. Rebates, refunds, incentive pay- submitted to the Committees on Appropria- tion under this Act for any consulting serv- ments, minor fees and other funds received tions for approval prior to the expenditure of ice through procurement contract pursuant by the Department of Transportation from such funds: Provided further, That these re- to section 3109 of title 5, United States Code, travel management centers, charge card pro- quests shall be made in compliance with re- shall be limited to those contracts where grams, the subleasing of building space, and programming guidelines. such expenditures are a matter of public miscellaneous sources are to be credited to SEC. 623. None of the funds made available record and available for public inspection, appropriations of the Department of Trans- in this Act may be used by the Executive Of- except where otherwise provided under exist- portation and allocated to elements of the fice of the President to request from the Fed- ing law, or under existing Executive order Department of Transportation using fair and eral Bureau of Investigation any official issued pursuant to existing law. equitable criteria and such funds shall be background investigation report on any indi- SEC. 608. None of the funds in this Act shall available until expended. vidual, except when— be used to implement section 404 of title 23, SEC. 617. Amounts made available in this (1) such individual has given his or her ex- United States Code. or any other Act that the Secretary deter- press written consent for such request not

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.076 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7909 more than 6 months prior to the date of such (5) augments existing programs, projects, Secretary of Transportation to apply avail- request and during the same presidential ad- or activities in excess of $5,000,000 or 10 per- able funds to select projects that are in the ministration; or cent, whichever is less; or development phase, eligible under title 23 (2) such request is required due to extraor- (6) reduces existing programs, projects, or and title 49, United States Code, except 23 dinary circumstances involving national se- activities by 10 percent— U.S.C. 133(b)(8), and that employ a PPP curity. unless the House and Senate Committees on strategy. SEC. 624. For the purpose of resolving liti- Appropriations are notified at least 15 days TITLE VII—GENERAL PROVISIONS gation and implementing any settlement in advance of such reprogramming. DEPARTMENTS, AGENCIES, AND CORPORATIONS agreements regarding the nonforeign area SEC. 630. None of the funds made available cost-of-living allowance program, the Office in this Act may be used to require a State or SEC. 701. Funds appropriated in this or any of Personnel Management may accept and local government to post a traffic control de- other Act may be used to pay travel to the utilize (without regard to any restriction on vice or variable message sign, or any other United States for the immediate family of unanticipated travel expenses imposed in an type of traffic warning sign, in a language employees serving abroad in cases of death Appropriations Act) funds made available to other than English, except with respect to or life threatening illness of said employee. the Office pursuant to court approval. the names of cities, streets, places, events, SEC. 702. No department, agency, or instru- SEC. 625. No funds appropriated or other- or signs related to an international border. mentality of the United States receiving ap- wise made available under this Act shall be SEC. 631. EXEMPTION FROM LIMITATIONS ON propriated funds under this or any other Act made available to any person or entity that PROCUREMENT OF FOREIGN INFORMATION for fiscal year 2004 shall obligate or expend has been convicted of violating the Buy TECHNOLOGY THAT ISACOMMERCIAL ITEM.— any such funds, unless such department, American Act (41 U.S.C. 10a–10c). (a) EXEMPTION.—Notwithstanding any other agency, or instrumentality has in place, and SEC. 626. No funds appropriated by this Act provision of law, in order to promote Govern- will continue to administer in good faith, a shall be available to pay for an abortion, or ment access to commercial information written policy designed to ensure that all of the administrative expenses in connection technology, the restriction on purchasing its workplaces are free from the illegal use, with any health plan under the Federal em- nondomestic articles, materials, and supplies possession, or distribution of controlled sub- ployees health benefits program which pro- set forth in the Buy American Act (41 U.S.C. stances (as defined in the Controlled Sub- vides any benefits or coverage for abortions. 10a et seq.), and the prohibition on acquiring stances Act) by the officers and employees of SEC. 627. The provision of section 626 shall foreign products under section 302(a)(1) of such department, agency, or instrumen- not apply where the life of the mother would the Trade Agreements Act of 1979 (Public tality. be endangered if the fetus were carried to Law 96–39; 19 U.S.C. 2512(a)(1)), shall not SEC. 703. Unless otherwise specifically pro- term, or the pregnancy is the result of an act apply to the acquisition by the Federal Gov- vided, the maximum amount allowable dur- of rape or incest. ernment of information technology (as de- ing the current fiscal year in accordance SEC. 628. For the purpose of assisting fined in section 11101 of title 40, United with section 16 of the Act of August 2, 1946 State-supported intercity rail service, in States Code, that is a commercial item (as (60 Stat. 810), for the purchase of any pas- order to demonstrate whether competition defined in section 4(12) of the Office of Fed- senger motor vehicle (exclusive of buses, am- will provide higher quality rail passenger eral Procurement Policy Act (41 U.S.C. bulances, law enforcement, and undercover service at reasonable prices, the Secretary of 403(12)). surveillance vehicles), is hereby fixed at Transportation, working with affected (b) DEFINITION.—Section 11101(6) of title 40, $8,100 except station wagons for which the States, shall develop and implement a proce- United States Code, is amended— maximum shall be $9,100: Provided, That dure for fair competitive bidding by Amtrak (1) in subparagraph (A), by inserting after these limits may be exceeded by not to ex- and non-Amtrak operators for State-sup- ‘‘storage,’’ the following: ‘‘analysis, evalua- ceed $3,700 for police-type vehicles, and by ported routes: Provided, That in the event a tion,’’; and not to exceed $4,000 for special heavy-duty State desires to select or selects a non-Am- (2) in subparagraph (B), by striking ‘‘ancil- vehicles: Provided further, That the limits set trak operator for the route, the State may lary equipment,’’ and inserting ‘‘ancillary forth in this section may not be exceeded by make an agreement with Amtrak to use fa- equipment (including imaging peripherals, more than 5 percent for electric or hybrid ve- cilities and equipment of, or have services input, output, and storage devices necessary hicles purchased for demonstration under provided by, Amtrak under terms agreed to for security and surveillance), peripheral the provisions of the Electric and Hybrid Ve- by the State and Amtrak to enable the non- equipment designed to be controlled by the hicle Research, Development, and Dem- Amtrak operator to provide the State-sup- central processing unit of a computer,’’. onstration Act of 1976: Provided further, That ported service: Provided further, That if the SEC. 632. It is the sense of the House of the limits set forth in this section may be parties cannot agree on terms, the Secretary Representatives that empowerment zones exceeded by the incremental cost of clean al- shall, as a condition of receipt of Federal within cities should have the necessary flexi- ternative fuels vehicles acquired pursuant to grant funds, order that the facilities and bility to expand to include relevant commu- Public Law 101–549 over the cost of com- equipment be made available and the serv- nities so that empowerment zone benefits parable conventionally fueled vehicles. ices be provided by Amtrak under reasonable are equitably distributed. SEC. 704. Appropriations of the executive terms and compensation: Provided further, SEC. 633. It is the sense of the House of departments and independent establishments That when prescribing reasonable compensa- Representatives that all census tracts con- for the current fiscal year available for ex- tion to Amtrak, the Secretary shall consider tained in an empowerment zone, either fully penses of travel, or for the expenses of the quality of service as a major factor when de- or partially, should be equitably accorded activity concerned, are hereby made avail- termining whether, and the extent to which, the same benefits. able for quarters allowances and cost-of-liv- the amount of compensation shall be greater SEC. 634. None of the funds made available ing allowances, in accordance with 5 U.S.C. than the incremental costs of using the fa- in this Act may be used to finalize, imple- 5922–5924. cilities and providing the services: Provided ment, administer, or enforce— SEC. 705. Unless otherwise specified during further, That the Secretary may reprogram (1) the proposed rule relating to the deter- the current fiscal year, no part of any appro- up to $5,000,000 from the Amtrak operating mination that real estate brokerage is an ac- priation contained in this or any other Act grant funds for costs associated with the im- tivity that is financial in nature or inci- shall be used to pay the compensation of any plementation of the fair bid procedure and dental to a financial activity published in officer or employee of the Government of the demonstration of competition under this sec- the Federal Register on January 3, 2001 (66 United States (including any agency the ma- tion. Fed. Reg. 307 et seq.); or jority of the stock of which is owned by the SEC. 629. None of the funds provided in this (2) the revision proposed in such rule to Government of the United States) whose Act, provided by previous appropriations section 1501.2 of title 12 of the Code of Fed- post of duty is in the continental United Acts to the agencies or entities funded in eral Regulations. States unless such person: (1) is a citizen of this Act that remain available for obligation SEC. 635. It is the sense of Congress that, the United States; (2) is a person in the serv- or expenditure in fiscal year 2004, or provided after proper documentation, justification, ice of the United States on the date of the from any accounts in the Treasury derived and review, the Department of Transpor- enactment of this Act who, being eligible for by the collection of fees and available to the tation should consider programs to reim- citizenship, has filed a declaration of inten- agencies funded by this Act, shall be avail- burse general aviation ground support serv- tion to become a citizen of the United States able for obligation or expenditure through a ices at Ronald Reagan Washington National prior to such date and is actually residing in reprogramming of funds that— Airport, and airports located within fifteen the United States; (3) is a person who owes (1) creates a new program; miles of Ronald Reagan Washington Na- allegiance to the United States; (4) is an (2) eliminates a program, project, or activ- tional Airport, for their financial losses due alien from Cuba, Poland, South Vietnam, the ity; to Government actions after the terrorist at- countries of the former Soviet Union, or the (3) increases funds for any program, tacks of September 11, 2001. Baltic countries lawfully admitted to the project, or activity for which funds have SEC. 636. It is the sense of the House of United States for permanent residence; (5) is been denied or restricted by the Congress; Representatives that public private partner- a South Vietnamese, Cambodian, or Laotian (4) proposes to use funds directed for a spe- ships (PPPs) could help eliminate some of refugee paroled in the United States after cific activity by either the House or Senate the cost drivers behind complex, capital-in- January 1, 1975; or (6) is a national of the Committees on Appropriations for a dif- tensive highway and transit projects. The People’s Republic of China who qualifies for ferent purpose; House of Representatives encourages the adjustment of status pursuant to the Chinese

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Student Protection Act of 1992: Provided, SEC. 710. No part of any appropriation con- (d) Notwithstanding any other provision of That for the purpose of this section, an affi- tained in this or any other Act shall be law, rates of premium pay for employees sub- davit signed by any such person shall be con- available for interagency financing of boards ject to this section may not be changed from sidered prima facie evidence that the re- (except Federal Executive Boards), commis- the rates in effect on September 30, 2003, ex- quirements of this section with respect to sions, councils, committees, or similar cept to the extent determined by the Office his or her status have been complied with: groups (whether or not they are interagency of Personnel Management to be consistent Provided further, That any person making a entities) which do not have a prior and spe- with the purpose of this section. false affidavit shall be guilty of a felony, cific statutory approval to receive financial (e) This section shall apply with respect to and, upon conviction, shall be fined no more support from more than one agency or in- pay for service performed after September than $4,000 or imprisoned for not more than strumentality. 30, 2003. 1 year, or both: Provided further, That the SEC. 711. Funds made available by this or (f) For the purpose of administering any above penal clause shall be in addition to, any other Act to the Postal Service Fund (39 provision of law (including any rule or regu- and not in substitution for, any other provi- U.S.C. 2003) shall be available for employ- lation that provides premium pay, retire- sions of existing law: Provided further, That ment of guards for all buildings and areas ment, life insurance, or any other employee any payment made to any officer or em- owned or occupied by the Postal Service and benefit) that requires any deduction or con- ployee contrary to the provisions of this sec- under the charge and control of the Postal tribution, or that imposes any requirement tion shall be recoverable in action by the Service, and such guards shall have, with re- or limitation on the basis of a rate of salary Federal Government. This section shall not spect to such property, the powers of special or basic pay, the rate of salary or basic pay apply to citizens of Ireland, Israel, or the Re- policemen provided by the first section of payable after the application of this section public of the Philippines, or to nationals of the Act of June 1, 1948, as amended (62 Stat. shall be treated as the rate of salary or basic those countries allied with the United States 281; 40 U.S.C. 318), and, as to property owned pay. in a current defense effort, or to inter- or occupied by the Postal Service, the Post- (g) Nothing in this section shall be consid- national broadcasters employed by the master General may take the same actions ered to permit or require the payment to any United States Information Agency, or to as the Administrator of General Services employee covered by this section at a rate in temporary employment of translators, or to may take under the provisions of sections 2 excess of the rate that would be payable were temporary employment in the field service and 3 of the Act of June 1, 1948, as amended this section not in effect. (not to exceed 60 days) as a result of emer- (62 Stat. 281; 40 U.S.C. 318a and 318b), attach- (h) The Office of Personnel Management gencies. ing thereto penal consequences under the au- may provide for exceptions to the limita- SEC. 706. Appropriations available to any thority and within the limits provided in tions imposed by this section if the Office de- department or agency during the current fis- section 4 of the Act of June 1, 1948, as amend- termines that such exceptions are necessary cal year for necessary expenses, including ed (62 Stat. 281; 40 U.S.C. 318c). to ensure the recruitment or retention of maintenance or operating expenses, shall SEC. 712. None of the funds made available qualified employees. also be available for payment to the General pursuant to the provisions of this Act shall SEC. 714. During the period in which the be used to implement, administer, or enforce Services Administration for charges for head of any department or agency, or any any regulation which has been disapproved space and services and those expenses of ren- other officer or civilian employee of the Gov- ovation and alteration of buildings and fa- pursuant to a resolution of disapproval duly ernment appointed by the President of the cilities which constitute public improve- adopted in accordance with the applicable United States, holds office, no funds may be ments performed in accordance with the law of the United States. obligated or expended in excess of $5,000 to Public Buildings Act of 1959 (73 Stat. 749), SEC. 713. (a) Notwithstanding any other the Public Buildings Amendments of 1972 (87 provision of law, and except as otherwise furnish or redecorate the office of such de- Stat. 216), or other applicable law. provided in this section, no part of any of the partment head, agency head, officer, or em- SEC. 707. In addition to funds provided in funds appropriated for fiscal year 2004, by ployee, or to purchase furniture or make im- this or any other Act, all Federal agencies this or any other Act, may be used to pay provements for any such office, unless ad- are authorized to receive and use funds re- any prevailing rate employee described in vance notice of such furnishing or redecora- sulting from the sale of materials, including section 5342(a)(2)(A) of title 5, United States tion is expressly approved by the Commit- Federal records disposed of pursuant to a Code— tees on Appropriations. For the purposes of records schedule recovered through recycling (1) during the period from the date of expi- this section, the term ‘‘office’’ shall include or waste prevention programs. Such funds ration of the limitation imposed by the com- the entire suite of offices assigned to the in- shall be available until expended for the fol- parable section for the previous fiscal years dividual, as well as any other space used pri- lowing purposes: until the normal effective date of the appli- marily by the individual or the use of which (1) Acquisition, waste reduction and pre- cable wage survey adjustment that is to take is directly controlled by the individual. vention, and recycling programs as described effect in fiscal year 2004, in an amount that SEC. 715. Notwithstanding section 1346 of in Executive Order No. 13101 (September 14, exceeds the rate payable for the applicable title 31, United States Code, or section 710 of 1998), including any such programs adopted grade and step of the applicable wage sched- this Act, funds made available for the cur- prior to the effective date of the Executive ule in accordance with such section; and rent fiscal year by this or any other Act order. (2) during the period consisting of the re- shall be available for the interagency fund- (2) Other Federal agency environmental mainder of fiscal year 2004, in an amount ing of national security and emergency pre- management programs, including, but not that exceeds, as a result of a wage survey ad- paredness telecommunications initiatives limited to, the development and implemen- justment, the rate payable under paragraph which benefit multiple Federal departments, tation of hazardous waste management and (1) by more than the sum of— agencies, or entities, as provided by Execu- pollution prevention programs. (A) the percentage adjustment taking ef- tive Order No. 12472 (April 3, 1984). (3) Other employee programs as authorized fect in fiscal year 2004 under section 5303 of SEC. 716. (a) None of the funds appropriated by law or as deemed appropriate by the head title 5, United States Code, in the rates of by this or any other Act may be obligated or of the Federal agency. pay under the General Schedule; and expended by any Federal department, agen- SEC. 708. Funds made available by this or (B) the difference between the overall aver- cy, or other instrumentality for the salaries any other Act for administrative expenses in age percentage of the locality-based com- or expenses of any employee appointed to a the current fiscal year of the corporations parability payments taking effect in fiscal position of a confidential or policy-deter- and agencies subject to chapter 91 of title 31, year 2004 under section 5304 of such title mining character excepted from the competi- United States Code, shall be available, in ad- (whether by adjustment or otherwise), and tive service pursuant to section 3302 of title dition to objects for which such funds are the overall average percentage of such pay- 5, United States Code, without a certifi- otherwise available, for rent in the District ments which was effective in the previous cation to the Office of Personnel Manage- of Columbia; services in accordance with 5 fiscal year under such section. ment from the head of the Federal depart- U.S.C. 3109; and the objects specified under (b) Notwithstanding any other provision of ment, agency, or other instrumentality em- this head, all the provisions of which shall be law, no prevailing rate employee described in ploying the Schedule C appointee that the applicable to the expenditure of such funds subparagraph (B) or (C) of section 5342(a)(2) Schedule C position was not created solely or unless otherwise specified in the Act by of title 5, United States Code, and no em- primarily in order to detail the employee to which they are made available: Provided, ployee covered by section 5348 of such title, the White House. That in the event any functions budgeted as may be paid during the periods for which (b) The provisions of this section shall not administrative expenses are subsequently subsection (a) is in effect at a rate that ex- apply to Federal employees or members of transferred to or paid from other funds, the ceeds the rates that would be payable under the armed services detailed to or from— limitations on administrative expenses shall subsection (a) were subsection (a) applicable (1) the Central Intelligence Agency; be correspondingly reduced. to such employee. (2) the National Security Agency; SEC. 709. No part of any appropriation for (c) For the purposes of this section, the (3) the Defense Intelligence Agency; the current fiscal year contained in this or rates payable to an employee who is covered (4) the offices within the Department of any other Act shall be paid to any person for by this section and who is paid from a sched- Defense for the collection of specialized na- the filling of any position for which he or she ule not in existence on September 30, 2003, tional foreign intelligence through recon- has been nominated after the Senate has shall be determined under regulations pre- naissance programs; voted not to approve the nomination of said scribed by the Office of Personnel Manage- (5) the Bureau of Intelligence and Research person. ment. of the Department of State;

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(6) any agency, office, or unit of the Army, SEC. 720. No funds appropriated in this or perform official duties. An employee not Navy, Air Force, and Marine Corps, the De- any other Act may be used to implement or under a leave system, including a Presi- partment of Homeland Security, the Federal enforce the agreements in Standard Forms dential appointee exempted under section Bureau of Investigation and the Drug En- 312 and 4414 of the Government or any other 6301(2) of title 5, United States Code, has an forcement Administration of the Department nondisclosure policy, form, or agreement if obligation to expend an honest effort and a of Justice, the Department of Transpor- such policy, form, or agreement does not reasonable proportion of such employee’s tation, the Department of the Treasury, and contain the following provisions: ‘‘These re- time in the performance of official duties: the Department of Energy performing intel- strictions are consistent with and do not su- Provided, That in this section the term ligence functions; and persede, conflict with, or otherwise alter the ‘‘agency’’— (7) the Director of Central Intelligence. employee obligations, rights, or liabilities (1) means an Executive agency as defined SEC. 717. No department, agency, or instru- created by Executive Order No. 12958; section under section 105 of title 5, United States mentality of the United States receiving ap- 7211 of title 5, United States Code (governing Code; propriated funds under this or any other Act disclosures to Congress); section 1034 of title (2) includes a military department as de- for the current fiscal year shall obligate or 10, United States Code, as amended by the fined under section 102 of such title, the expend any such funds, unless such depart- Military Whistleblower Protection Act (gov- Postal Service, and the Postal Rate Commis- ment, agency, or instrumentality has in erning disclosure to Congress by members of sion; and place, and will continue to administer in the military); section 2302(b)(8) of title 5, (3) shall not include the General Account- good faith, a written policy designed to en- United States Code, as amended by the Whis- ing Office. sure that all of its workplaces are free from tleblower Protection Act (governing disclo- SEC. 726. Notwithstanding 31 U.S.C. 1346 discrimination and sexual harassment and sures of illegality, waste, fraud, abuse or and section 710 of this Act, funds made avail- that all of its workplaces are not in violation public health or safety threats); the Intel- able for the current fiscal year by this or any of title VII of the Civil Rights Act of 1964, as ligence Identities Protection Act of 1982 (50 other Act to any department or agency, amended, the Age Discrimination in Employ- U.S.C. 421 et seq.) (governing disclosures that which is a member of the Joint Financial ment Act of 1967, and the Rehabilitation Act could expose confidential Government Management Improvement Program of 1973. agents); and the statutes which protect (JFMIP), shall be available to finance an ap- SEC. 718. No part of any appropriation con- against disclosure that may compromise the propriate share of JFMIP administrative tained in this or any other Act shall be national security, including sections 641, 793, costs, as determined by the JFMIP, but not available for the payment of the salary of 794, 798, and 952 of title 18, United States to exceed a total of $800,000 including the sal- any officer or employee of the Federal Gov- Code, and section 4(b) of the Subversive Ac- ary of the Executive Director and staff sup- ernment, who— tivities Act of 1950 (50 U.S.C. 783(b)). The port. (1) prohibits or prevents, or attempts or definitions, requirements, obligations, SEC. 727. Notwithstanding 31 U.S.C. 1346 threatens to prohibit or prevent, any other and section 710 of this Act, the head of each rights, sanctions, and liabilities created by officer or employee of the Federal Govern- Executive department and agency is hereby said Executive order and listed statutes are ment from having any direct oral or written authorized to transfer to or reimburse the incorporated into this agreement and are communication or contact with any Member, ‘‘Governmentwide Policy’’ account, General controlling.’’: Provided, That notwith- committee, or subcommittee of the Congress Services Administration, with the approval in connection with any matter pertaining to standing the preceding paragraph, a non- of the Director of the Office of Management the employment of such other officer or em- disclosure policy form or agreement that is and Budget, funds made available for the ployee or pertaining to the department or to be executed by a person connected with current fiscal year by this or any other Act, agency of such other officer or employee in the conduct of an intelligence or intel- including rebates from charge card and other any way, irrespective of whether such com- ligence-related activity, other than an em- contracts. These funds shall be administered munication or contact is at the initiative of ployee or officer of the United States Gov- by the Administrator of General Services to such other officer or employee or in response ernment, may contain provisions appropriate support Government-wide financial, informa- to the request or inquiry of such Member, to the particular activity for which such doc- tion technology, procurement, and other committee, or subcommittee; or ument is to be used. Such form or agreement management innovations, initiatives, and (2) removes, suspends from duty without shall, at a minimum, require that the person activities, as approved by the Director of the pay, demotes, reduces in rank, seniority, sta- will not disclose any classified information Office of Management and Budget, in con- tus, pay, or performance of efficiency rating, received in the course of such activity unless sultation with the appropriate interagency denies promotion to, relocates, reassigns, specifically authorized to do so by the groups designated by the Director (including transfers, disciplines, or discriminates in re- United States Government. Such nondisclo- the Chief Financial Officers Council and the gard to any employment right, entitlement, sure forms shall also make it clear that they Joint Financial Management Improvement or benefit, or any term or condition of em- do not bar disclosures to Congress or to an Program for financial management initia- ployment of, any other officer or employee authorized official of an executive agency or tives, the Chief Information Officers Council of the Federal Government, or attempts or the Department of Justice that are essential for information technology initiatives, and threatens to commit any of the foregoing ac- to reporting a substantial violation of law. the Procurement Executives Council for pro- tions with respect to such other officer or SEC. 721. No part of any funds appropriated curement initiatives). The total funds trans- employee, by reason of any communication in this or any other Act shall be used by an ferred or reimbursed shall not exceed or contact of such other officer or employee agency of the executive branch, other than $17,000,000. Such transfers or reimbursements with any Member, committee, or sub- for normal and recognized executive-legisla- may only be made 15 days following notifica- committee of the Congress as described in tive relationships, for publicity or propa- tion of the Committees on Appropriations by paragraph (1). ganda purposes, and for the preparation, dis- the Director of the Office of Management SEC. 719. (a) None of the funds made avail- tribution or use of any kit, pamphlet, book- and Budget. able in this or any other Act may be obli- let, publication, radio, television or film SEC. 728. Notwithstanding any other provi- gated or expended for any employee training presentation designed to support or defeat sion of law, a woman may breastfeed her that— legislation pending before the Congress, ex- child at any location in a Federal building or (1) does not meet identified needs for cept in presentation to the Congress itself. on Federal property, if the woman and her knowledge, skills, and abilities bearing di- SEC. 722. None of the funds appropriated by child are otherwise authorized to be present rectly upon the performance of official du- this or any other Act may be used by an at the location. ties; agency to provide a Federal employee’s SEC. 729. Nothwithstanding section 1346 of (2) contains elements likely to induce high home address to any labor organization ex- title 31, United States Code, or section 710 of levels of emotional response or psychological cept when the employee has authorized such this Act, funds made available for the cur- stress in some participants; disclosure or when such disclosure has been rent fiscal year by this or any other Act (3) does not require prior employee notifi- ordered by a court of competent jurisdiction. shall be available for the interagency fund- cation of the content and methods to be used SEC. 723. None of the funds made available ing of specific projects, workshops, studies, in the training and written end of course in this Act or any other Act may be used to and similar efforts to carry out the purposes evaluation; provide any non-public information such as of the National Science and Technology (4) contains any methods or content associ- mailing or telephone lists to any person or Council (authorized by Executive Order No. ated with religious or quasi-religious belief any organization outside of the Federal Gov- 12881), which benefit multiple Federal de- systems or ‘‘new age’’ belief systems as de- ernment without the approval of the Com- partments, agencies, or entities: Provided, fined in Equal Employment Opportunity mittees on Appropriations. That the Office of Management and Budget Commission Notice N–915.022, dated Sep- SEC. 724. No part of any appropriation con- shall provide a report describing the budget tember 2, 1988; or tained in this or any other Act shall be used of and resources connected with the National (5) is offensive to, or designed to change, for publicity or propaganda purposes within Science and Technology Council to the Com- participants’ personal values or lifestyle out- the United States not heretofore authorized mittees on Appropriations, the House Com- side the workplace. by the Congress. mittee on Science; and the Senate Com- (b) Nothing in this section shall prohibit, SEC. 725. Unless authorized in accordance mittee on Commerce, Science, and Transpor- restrict, or otherwise preclude an agency with law or regulations to use such time for tation 90 days after enactment of this Act. from conducting training bearing directly other purposes, an employee of an agency SEC. 730. Any request for proposals, solici- upon the performance of official duties. shall use official time in an honest effort to tation, grant application, form, notification,

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press release, or other publications involving SEC. 735. Not later than 6 months after the mail, priority mail having a delivery con- the distribution of Federal funds shall indi- date of enactment of this Act, the Inspector firmation, or express mail having a delivery cate the agency providing the funds, the General of each applicable department or confirmation, the United States postmark Catalog of Federal Domestic Assistance agency shall submit to the Committee on shall be considered the date of filing the des- Number, as applicable, and the amount pro- Appropriations a report detailing what poli- ignation, report or statement. If a designa- vided. This provision shall apply to direct cies and procedures are in place for each de- tion, report or statement filed pursuant to payments, formula funds, and grants re- partment or agency to give first priority to this Act (other than under paragraph ceived by a State receiving Federal funds. the location of new offices and other facili- (2)(A)(i) or (4)(A)(ii), or subsection (g)(1)) is SEC. 731. Subsection (f) of section 403 of ties in rural areas, as directed by the Rural sent by an overnight delivery service with an Public Law 103–356 (31 U.S.C. 501 note) is Development Act of 1972. on-line tracking system, the date on the amended by striking ‘‘October 1, 2001’’ and SEC. 736. Each Executive department and proof of delivery to the delivery service shall inserting ‘‘October 1, 2004’’. agency shall evaluate the creditworthiness be considered the date of filing of the des- SEC. 732. (a) PROHIBITION OF FEDERAL AGEN- of an individual before issuing the individual ignation, report, or statement.’’. CY MONITORING OF PERSONAL INFORMATION ON a government travel charge card. The de- SEC. 740. (a) The adjustment in rates of USE OF INTERNET.—None of the funds made partment or agency may not issue a govern- basic pay for employees under the statutory available in this or any other Act may be ment travel charge card to an individual pay systems that takes effect in fiscal year used by any Federal agency— that either lacks a credit history or is found 2004 under sections 5303 and 5304 of title 5, (1) to collect, review, or create any aggre- to have an unsatisfactory credit history as a United States Code, shall be an increase of gate list, derived from any means, that in- result of this evaluation: Provided, That this 4.1 percent, and this adjustment shall apply cludes the collection of any personally iden- restriction shall not preclude issuance of a to civilian employees in the Department of tifiable information relating to an individ- restricted-use charge, debit, or stored value Defense and the Department of Homeland ual’s access to or use of any Federal Govern- card made in accordance with agency proce- Security and such adjustments shall be effec- ment Internet site of the agency; or dures to (a) an individual with an unsatisfac- tive as of the first day of the first applicable (2) to enter into any agreement with a tory credit history where such card is used pay period beginning on or after January 1, third party (including another government to pay travel expenses and the agency deter- 2004. agency) to collect, review, or obtain any ag- mines there is no suitable alternative pay- (b) Notwithstanding section 713 of this Act, gregate list, derived from any means, that ment mechanism available before issuing the the adjustment in rates of basic pay for the includes the collection of any personally card, or (b) an individual who lacks a credit statutory pay systems that take place in fis- identifiable information relating to an indi- history. Each Executive department and cal year 2004 under sections 5344 and 5348 of vidual’s access to or use of any nongovern- agency shall establish guidelines and proce- title 5, United States Code, shall be no less mental Internet site. dures for disciplinary actions to be taken than the percentage in paragraph (a) as em- (b) EXCEPTIONS.—The limitations estab- against agency personnel for improper, ployees in the same location whose rates of lished in subsection (a) shall not apply to— fraudulent, or abusive use of government basic pay are adjusted pursuant to the statu- (1) any record of aggregate data that does charge cards, which shall include appro- tory pay systems under section 5303 and 5304 not identify particular persons; priate disciplinary actions for use of charge of title 5, United States Code. Prevailing (2) any voluntary submission of personally cards for purposes, and at establishments, rate employees at locations where there are identifiable information; that are inconsistent with the official busi- no employees whose pay is increased pursu- (3) any action taken for law enforcement, ness of the Department or agency or with ap- ant to sections 5303 and 5304 of title 5 and regulatory, or supervisory purposes, in ac- plicable standards of conduct. prevailing rate employees described in sec- cordance with applicable law; or SEC. 737. Notwithstanding section 1346 of tion 5343(a)(5) of title 5 shall be considered to (4) any action described in subsection (a)(1) title 31, United States Code, or section 710 of be located in the pay locality designated as that is a system security action taken by the this Act, funds made available for the cur- ‘‘Rest of US’’ pursuant to section 5304 of title operator of an Internet site and is nec- rent fiscal year by this or any other Act 5 for purposes of this paragraph. essarily incident to the rendition of the shall be available for the interagency fund- (c) Funds used to carry out this section Internet site services or to the protection of ing of the National Oceanographic Partner- shall be paid from appropriations, which are the rights or property of the provider of the ship Program Office, authorized by 10 U.S.C. made to each applicable department or agen- Internet site. 7902, and the Coastal America program, cy for salaries and expenses for fiscal year (c) DEFINITIONS.—For the purposes of this which benefit multiple Federal departments, 2004. section: agencies, or entities: Provided, That the De- SEC. 741. Not later than December 31 of (1) The term ‘‘regulatory’’ means agency partment of Commerce shall provide a report each year, the head of each agency shall sub- actions to implement, interpret or enforce describing the budget of and resources con- mit to Congress a report on the competitive authorities provided in law. nected with the National Oceanographic sourcing activities performed during the pre- (2) The term ‘‘supervisory’’ means exami- Partnership Program Office and the Coastal vious fiscal year by Federal Government nations of the agency’s supervised institu- America program to the House and Senate sources that are on the list required under tions, including assessing safety and sound- Committees on Appropriations, the House the Federal Activities Inventory Reform Act ness, overall financial condition, manage- Committee on Science, and the Senate Com- of 1998 (Public Law 105–270; 31 U.S.C. 501 ment practices and policies and compliance mittee on Commerce, Science, and Transpor- note). The report shall include— with applicable standards as provided in law. tation 90 days after the enactment of this (1) the number of full time equivalent Fed- SEC. 733. (a) None of the funds appropriated Act. eral employees studied for competitive by this Act may be used to enter into or SEC. 738. Section 640(c) of the Treasury and sourcing; renew a contract which includes a provision General Government Appropriations Act, (2) the total agency cost required to carry providing prescription drug coverage, except 2000 (Public Law 106–58; 2 U.S.C. 437g note 1), out its competitive sourcing program; where the contract also includes a provision as amended by section 642 of the Treasury (3) the costs attributable to paying outside for contraceptive coverage. and General Government Appropriations consultants and contractors to carry out the (b) Nothing in this section shall apply to a Act, 2002 (Public Law 107–67), is amended by agency’s competitive sourcing program; contract with— striking ‘‘December 31, 2003’’ and inserting (4) the costs attributable to paying agency (1) any of the following religious plans: ‘‘December 31, 2005’’. personnel to carry out its competitive (A) Personal Care’s HMO; and SEC. 739. Section 304(a) of the Federal Elec- sourcing program; and (B) OSF Health Plans, Inc.; and tion Campaign Act of 1971 (2 U.S.C. 434(a)) is (5) an estimate of the savings attributed as (2) any existing or future plan, if the car- amended as follows: a result of the agency competitive sourcing rier for the plan objects to such coverage on (1) in clauses (a)(2)(A)(i) and (a)(4)(A)(ii) by program. striking the parenthetical ‘‘(or posted by the basis of religious beliefs. POINTS OF ORDER registered or certified mail no later than the (c) In implementing this section, any plan Mr. MICA. Mr. Chairman, I make a that enters into or renews a contract under 15th day before)’’ and inserting in its place, this section may not subject any individual ‘‘(or posted by any of the following: reg- point of order. to discrimination on the basis that the indi- istered mail, certified mail, priority mail The CHAIRMAN. The gentleman will vidual refuses to prescribe or otherwise pro- having a delivery confirmation, or express state his point of order. vide for contraceptives because such activi- mail having a delivery confirmation, or de- Mr. MICA. Mr. Chairman, I make a ties would be contrary to the individual’s re- livered to an overnight delivery service with point of order against section 164 which ligious beliefs or moral convictions. an on-line tracking system, if posted or de- begins on page 53, line 3 and ends on (d) Nothing in this section shall be con- livered no later than the 15th day before)’’; page 54, line 12. This section amends strued to require coverage of abortion or and the Buy America requirements for abortion-related services. (2) by striking paragraph (a)(5) and insert- transit capital purchases of steel, iron, SEC. 734. The Congress of the United States ing in its place, recognizes the United States Anti-Doping ‘‘(5) If a designation, report, or statement manufactured goods, and rolling stock. Agency (USADA) as the official anti-doping filed pursuant to this Act (other than under The amendments made by section 164 agency for Olympic, Pan American, and paragraph (2)(A)(i) or (4)(A)(ii) or subsection are meant to strengthen Buy America, Paralympic sport in the United States. (g)(1)) is sent by registered mail, certified but the Department of Transportation

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.076 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7913 analysis has determined that there will The text of the amendment is as fol- represents a gross misallocation of re- be serious unintended consequences lows: sources, especially in view of declining that will significantly slow the pur- Amendment offered by Mr. COOPER: overall tax enforcement by the IRS. chase and construction of transit sys- Page 67, line 23, after the first dollar I am willing to bet that the adminis- tem components and systems and also amount insert ‘‘(reduced by $75,000,000) (in- trative costs of precertification will far will result in more foreign-made prod- creased by $75,000,000)’’. outstrip any potential savings, espe- ucts being purchased by transit agen- The CHAIRMAN. Pursuant to the cially if the IRS goes forward with the cies. This provision is legislative in na- order of the House of today, the gen- plans to eventually expand the ture and also in violation of rule XXI. tleman from Tennessee (Mr. COOPER) precertification process to as many as The CHAIRMAN. Does any Member and a Member opposed will each con- two million taxpayers. That is why our wish to be heard on the point of order? trol 30 minutes. amendment would direct $75 million Mr. ISTOOK. Mr. Chairman, we Mr. ISTOOK. Mr. Chairman, I claim toward much more sensible and cost-ef- would concede the point of order. the time in opposition to the amend- fective compliance efforts, where the The CHAIRMAN. The point of order ment. money is, toward auditing and inves- is conceded and sustained, and this sec- The CHAIRMAN. The gentleman tigating mid-size and large corpora- tion is stricken from the bill. from Oklahoma (Mr. ISTOOK) will con- tions. Because according to the IRS, Mr. TOM DAVIS of Virginia. Mr. trol the time in opposition. 7,000 corporations that should be au- Chairman, I make a point of order. The proponent of the amendment, dited every year are not. This trans- The CHAIRMAN. The gentleman will the gentleman from Tennessee (Mr. lates into a direct loss to the Treasury state his point of order. COOPER), is recognized for 30 minutes in of $6.5 billion a year in tax revenues. Mr. TOM DAVIS of Virginia. Mr. support of his amendment. Moreover, according to a recent re- Chairman, I raise a point of order Mr. COOPER. Mr. Chairman, I yield port by former IRS Commissioner against section 212 on the grounds that myself such time as I may consume. Rossotti, the IRS lacks the resources the section changes existing law in vio- Mr. Chairman, the purpose of the to carry out nearly a third of the cor- lation of clause 2(b) of House rule XXI amendment that I am offering tonight porate audits it should be accom- and is therefore legislation included in along with the distinguished gentle- plishing each year. a general appropriations bill. woman from Michigan (Ms. KIL- So why is the administration focus- The CHAIRMAN. Do any Members PATRICK) and the gentlewoman from ing on the few dollars of poor working wish to be heard on the point of order? Connecticut (Ms. DELAURO) is to de- families under the EITC and not on the Mr. ISTOOK. Mr. Chairman, we crease funding for very ill-considered big dollars of these companies? Why is would concede the point of order. and heavy-handed IRS enforcement ef- the U.S. Government trying to make The CHAIRMAN. The point of order fort that tries to precertify working this vital tax credit so hard to claim? is conceded and sustained, and this sec- poor families for the earned income tax I am afraid the real IRS motive may tion is stricken from the bill. credit or the EITC. not be just a desire to curb waste, Mr. TOM DAVIS of Virginia. Mr. The amendment we are proposing fraud and abuse. It may be gross insen- Chairman, I make a point of order. will reduce funding by $75 million for The CHAIRMAN. The gentleman will sitivity to the needs of working poor the IRS’s precertification proposal and families, simple hard-heartedness and state his point of order. it would in turn increase funding by $75 Mr. TOM DAVIS of Virginia. Mr. lack of compassion for these hard- million for investigation and audit of Chairman, I raise a point of order pressed American families. large and mid-size corporations. The In the national metropolitan area against section 621. This section amendment would continue to allow which makes up the heart of my con- changes existing law in violation of $25 million for implementation of the gressional district, approximately 14 clause 2(b) of House rule XXI and is precertification program. percent of my constituents rely on the therefore legislation included in a gen- I certainly understand the Treasury’s EITC every year, receiving a credit of eral appropriations bill. concerns about high error rates associ- The CHAIRMAN. Does any Member about $1,500. In total, this credit puts ated with the EITC. And as a proponent wish to be heard on the point of order? about $87 million a year into these Mr. ISTOOK. Mr. Chairman, we of good government, I am eager to re- families and into the national econ- would concede that point of order. duce any waste, fraud or abuse in gov- omy. Nationally, the EITC is directly The CHAIRMAN. The point of order ernment. But the Treasury’s proposal responsible for lifting some four mil- is conceded and sustained, and that will create, probably, an even more lion people every year above the pov- section is stricken from the bill. burdensome bureaucracy than they re- erty line, including two million chil- Mr. BRADY of Texas. Mr. Chairman, alize, and it is a clumsy and heavy- dren. Precertification programs, as I raise a point of order. handed attack on the poor. proposed by the IRS, will discourage The CHAIRMAN. The gentleman will Even the IRS realizes this because in many of these families from even ap- state his point of order. a recent announcement they decided to plying for the EITC. Mr. BRADY of Texas. Mr. Chairman, delay and decrease their Under the precertification proposal, I raise a point of order against the precertification program. EITC compli- the IRS now says it will now want to words ‘‘notwithstanding any other pro- ance accounts for about 3 percent of prove that children claimed under the vision of law’’ on page 126, lines 15 and the estimated total taxes that go un- credit have been living with the claim- 16, and beginning with the words ‘‘the collected, about 3 percent. But in con- ing taxpayer for the required six prohibition’’ on page 126, line 20 trast, according to the General Ac- months. The practical obstacles posed through ‘‘2512(a)(1)’’ on line 23 on the counting Office, individuals who under by this requirement are mind boggling. grounds that this provision violates report business income on their taxes Although the IRS would allow a land- clause 2(b) of House rule XXI because it are defrauding the government by lord or property manager to submit an is legislation included in a general ap- about $40 billion a year or about 12 per- affidavit, what landlords would testify propriations bill. cent of uncollected taxes, more than on penalty of perjury to the intimate The CHAIRMAN. Does any Member the cost of the entire EITC program. living arrangements of their tenants? wish to be heard on the point of order? Yet, guess what? There is no major ef- Neighbors and relatives who are, in Mr. ISTOOK. Mr. Chairman, we fort to target these taxpayers even fact, in the best position to know these would concede the point of order. though it is a much larger amount. arrangements, are forbidden under the The CHAIRMAN. The point of order I suggest we follow the Willie Sutton IRS approach from providing sup- is conceded and sustained and the lan- rule, the famous bank robber, who porting documentation. guage is stricken from the bill. when asked why he robbed banks, he I also object to the discriminatory AMENDMENT OFFERED BY MR. COOPER said, ‘‘That’s where the money is.’’ treatment of lower income tax payers Mr. COOPER. Mr. Chairman, I offer Instead, the IRS has requested a 68.5 that would result from an amendment. percent increase in EITC enforcement precertification. For those subject to The CHAIRMAN. The Clerk will des- while barely increasing their other en- the process of precertification, this ef- ignate the amendment. forcement efforts. In my mind, this fectively means a 100 percent chance of

VerDate jul 14 2003 07:14 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.144 H04PT1 H7914 CONGRESSIONAL RECORD — HOUSE September 4, 2003 audit in advance of even filing your tax whatever you may have paid in in your ice for determining and establishing return. No other taxpayers in America income taxes. tax liabilities; providing litigation sup- face a comparable burden. Why is the And it has been proven over the years port; conducting criminal investiga- IRS not also demanding that a fourth to a third of all those tion and enforcement activities; secur- precertification for taxpayers claiming claims are for people who do not qual- ing unfiled tax returns, collecting un- credits for dependent care expenses, ify. It is costing taxpayers $10 billion a paid accounts; conducting a document educational expenses, or charitable year. That is not small change. matching program; resolving taxpayer contributions? There is significant evi- That is not harassing people as the problems through prompt identifica- dence that these credits are a wide- gentleman from Tennessee (Mr. COO- tion, referral and settlement; com- spread source of exaggeration and non- PER) I believe represented. That is say- piling statistics of income and con- compliance and abuse, yet no one is re- ing if we are going to have $35 billion ducting compliance research; funding quiring these other taxpayers to file re- and $10 billion of it goes to people who essential earned income tax credit ceipts in advance for day care expenses do not qualify under the program going compliance and error reduction initia- or donations of such things as used out of the Treasury, not a refund, not tives and services as authorized by law. automobiles or clothing. getting a refund for taxes you paid in, All of these, one big catch-all figure. I fear that rather than reducing er- but a form of public assistance, maybe The gentleman has not singled out in rors, the IRS proposal would, in fact, we ought to pay attention to whether his amendment the earned income tax intimidate people into not using the people are actually eligible before we initiative or compliance of it. He has EITC at all, and that would be a severe spend this much money. taken all of the enforcement activities injustice to these people. The program that the IRS is putting of the IRS, a $4.2 billion account, and Mr. Chairman, I reserve the balance into place will not affect 80 percent of said from that $4.2 billion, subtract $75 of my time. these 19 million people, but it is tar- million and then add $75 million. Total Mr. ISTOOK. Mr. Chairman, I yield geted to those that the IRS has reason net change, zero. myself such time as I may consume. to believe are the ones that are most The amendment does not do what the Mr. Chairman, people are easily con- likely to be part of that $10 billion a gentleman has represented that it fused about what we are talking about year that we are paying out that would do because it is not specific to here. And it is a very strange amend- should not be paid out. EITC, but furthermore, the IRS needs ment that is being offered because, We are saying we need you to do to be going forward with this enforce- frankly, the amendment does not real- some verification to show to us that ment program. Those that say the gov- ly do anything. It is an opportunity for you are entitled to this taxpayer ernment should send me a check above people to get up and speak, but I will money just the same as you would do if and beyond what may be a refund on read, Mr. Chairman, what the text of you are asking for a government check my income taxes, they should have a the amendment says. It says: Take the for anything else. That is not burden- little bit of burden of proof when the dollar amount on page 67, line 23 and some. That is not too much. IRS says they ought to substantiate first reduce it by $75 million and then It really bothers me to hear the way this; they ought to show something so increase it by $75 million. that some of this rhetoric is being that we can separate the honest people tossed about as though we are picking from the dishonest people that are b 1930 on people. No. People want the govern- costing taxpayers $10 billion a year. Well, the net effect of that is zero. ment to give them the check. If they Mr. Chairman, I reserve the balance The amendment makes no change in qualify under the government program, of my time. the amount of the money in the bill for then they have it coming. But they Mr. COOPER. Mr. Chairman, I yield the IRS to enforce the tax laws. No would not say I am just going to walk myself such time as I may consume. change whatsoever. It is simply an op- in off the street and say I ought to get The gentleman from Oklahoma has portunity for people to get up and talk food stamps, and that is it, and nobody been quite unfair in his characteriza- about it. ever checks to see if you are eligible. tion, first in the nature of the amend- It deserves to be opposed as some- That is why we have this error rate, ment. We drafted this with the advice thing that is senseless and, for that because we do not have anybody check- of the Parliamentarian as the only way matter, that blocks reform. Because al- ing up on it. The IRS is trying to estab- to affect this important area in the bill though it is labeled as a, quote, tax lish a system for the first time of doing without being subject to a point of credit, the EITC, earned income tax some checking on this. order. I think the gentleman really credit, is not a tax credit program. It is Some people are more concerned thinks a more explicit amendment an assistance program designed for about shoveling money out of the Fed- would have been subject to a point of people with low income that says you eral Treasury faster, rather than say- order, which is exactly what the gen- tell us how much you made, and if it is ing we ought to be good stewards and tleman from Oklahoma would have not enough we are going to send you a prudent watchdogs of the taxpayers’ preferred. check. It is a public assistance pro- money. That is all the IRS has tried to Second point, picking on poor people. gram. put into place. If my colleague is going to do it, at Now, any other public assistance pro- It really is rather silly to say that least be fair about it. Remember, under gram, you have to go through a process somehow we are even talking about or this bill we would still allow $25 mil- of showing that you are eligible. If you addressing this situation with an lion to be spent to implement the IRS want food stamps, you go through a amendment that says add $75 million precertification. Remember, again, process to be certified that you are eli- to this tax enforcement program and that even the IRS has admitted that gible for it. If you want housing sub- then take $75 million of it away. It is a their prior efforts have gone too far be- sidies, you go through a process to be wash. It does nothing. cause they, IRS, on their own initia- certified that before you get this The IRS is trying to do something. It tive has delayed and canceled their money from taxpayers that you are ac- is trying to be good stewards of our program because even they have real- tually eligible for it, you qualify. If money. And it is not only going after ized they were insensitive to the needs you want temporary assistance to the people in the EITC that are not eli- of these families. needy families, you are certified in ad- gible for it, it is going after the cor- Another mischaracterization, the vance as being eligible. porate scofflaws. It is going after the program was put into place, as I recall, The big problem with the EITC is it big businesses or small businesses or years ago before my time by a Repub- is a public assistance program where whatever they may be that are not lican President, and I think it was there is no oversight. There are 19 mil- being honest in how they file with the Richard Nixon, because he and many lion, let me repeat that figure, 19 mil- IRS and treat their taxes. Americans realized the detrimental ef- lion Americans each year that file an The provision of the bill that we are fect of a high marginal rate of tax- income tax return and say send me a talking about on page 67 makes it clear ation. As a person works and moves out check, I claim this. It is not a tax re- that this overall figure is for necessary of poverty, they are subject to an ex- fund. It is a check over and beyond expenses of the Internal Revenue Serv- traordinarily high and punitive tax

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.146 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7915 rate. The EITC is designed to bring lion, and we need to go back for that. families together, keep their children that back to a decent, bearable level We need to go and look for the $9 bil- safe. And the EITC is just one small for these hardworking families. lion for those people who have used the thing that this government gives them So it is basically a Republican pro- earned income tax credit and are not to so that they continue to work, yes, gram we are talking about here. No one get it, that they do not take that from many times with no health insurance, wants it to be abused. But I would sug- the Treasury. We do need to go back on earning less than $35,000 a year, raising gest to the gentleman that there are that, and I think we all feel that. their families so that they do not go on other, fairer ways to police this pro- We also ought to go after the $132 bil- welfare. gram, and guess what, this and prior lion that individual taxpayers cheat on b 1945 Congresses have already thought up their tax forms with. We also need to several of them because, guess what, go for the $70 billion that offshore cor- Of course we can do this, and we offer the study that the gentleman cited porations steal from our Federal Gov- this amendment to say work with the about waste or abuse in the program is ernment, and we also need to go for the low-income families. They are not ask- from a 1999 study, and this Congress $46 billion that corporations cheat our ing for a handout. They just need a has already implemented several re- Federal Government for. hand. And we are the Congress that can forms to improve administration of Our point is that in this budget, do that for them. So I support the gen- this program. No study has been con- where I am proud to serve as a member tleman from Tennessee (Mr. COOPER). I ducted since 1999. So let us at least find of the Subcommittee on Transpor- think he has done an outstanding job out the true facts before we jump to tation, Treasury and Independent here. I am proud to be a cosponsor. Let conclusions, especially when at the Agencies with my esteemed chairman us go after the big cheats. That is what same time we are jumping on the backs and ranking member, $100 million is al- that $75 million is there for. of the poor. lowed to go after 45,000 low-income peo- All of us want to encourage policies that en- This is an important opportunity to ple who work every day and earn less courage tax compliance among tax filers, but balance IRS enforcement, to allow the than $34,000 with children, one or more we know 100 percent compliance is impos- IRS to go where the money really is. children. Why not go back where the sible to obtain. Part of the problem is that the As I mentioned, the average recipient money is? IRS does not have the resources to perform in my district, at least of this money, We have got the biggest deficit our the investigations and audits in just about all gets $1,500. There are many other country has ever seen. We need to go filing categories. places the IRS could go to really re- back and recoup some of that money. I However, over the years Congress has con- trieve big dollars for the taxpayer. The am standing here in the well of the centrated its emphasis on tax compliance ef- IRS has listed them. We are allowing House tonight to tell my colleagues forts at the working poor. None of us wants to $75 million to go help the IRS in these that money, yes, go get it from those encourage tax scofflaws, but focusing greater efforts while we still preserve $25 mil- people from the earned income tax tax compliance solely on the working poor lion for this precertification program. credit who are cheating our govern- who qualify for the earned income tax credit So if the gentleman were more care- ment; but, more importantly, go after demonstrates the mistaken tax priorities of this ful with his facts and more sensitive to the big corporations, those offshore administration. the needs of the working poor, he corporations and other high income Former IRS Commissioner Charles Rossotti would not simply dismiss this as a pub- and other individuals who cheat our has offered the estimate that the IRS as- lic assistance program. This is an ex- country. This is not the time to again sesses almost $30 billion of taxes that is can- ample, if my colleague wants to use it, put a black eye and to go after those not collect because of tax fraud. That is a big of compassionate conservatism, but un- families who are working every day problem, especially when our government is fortunately in this Congress we are see- trying to raise their children. The going to generate a budget deficit of $480 bil- ing very little compassion. earned income tax credit is a great pro- lion and possibly even more by the end of the Let us have some compassion for the gram, and we ought not go after it to fiscal year. working poor, and this amendment is decimate it. This bill provides more money for increase an opportunity to show it. So what our amendment says is of tax compliance efforts. But where does it Mr. Chairman, I yield 5 minutes to the $100 million that has been appro- focus its efforts at greater tax compliance: the gentlewoman from Michigan (Ms. priated in this budget, leave $25 million fraud and mistakes in the Earned Income Tax KILPATRICK). there and go after them, try to find Credit Program. The administration is shocked Ms. KILPATRICK. Mr. Chairman, I those low-income people who are using by that the EITC has an error rate that is esti- thank my colleague very much for the system to cheat our government. mated between 27 and 32 percent. According bringing forth this very well-thought- We hope that we find them. But with to the IRS, the avoidance costs amount to out amendment in the time that we the $75 million that is left of the $100 $7.8 billion or 2.8 percent of the tax compli- have, and I do know that he worked million, go after the offshore corpora- ance problem. Now that’s going after the big with the Parliamentarian to make it tions who cheat our country, over $170 bucks. germane. billion worth. Go after those corpora- If you looked at the tax compliance mandate Let me back up just a moment here tions who cheat our citizens out of $46 contained in this, you would come away with before I get started. In the early seven- billion. So we want to make it even. Go the impression that the working poor are the ties when the earned income tax credit after those in the earned income tax number one tax scofflaw problem facing the was started, it was a Republican initia- credit who may be making those nation. This bill increases provides $100 mil- tive, and the reason they put it forth claims, and not justifiably, appro- lion in the EITC enforcement budget, over a and it was adopted is because they said priately, for them. 68.percent increase. Never mind the fact that if we give people who earn income, low This line in our budget, enforcement 56 percent of the non-compliant taxpayers income, I might tell my colleagues, compliance in the EITC has increased have incomes in excess of $100,000, and yet with children, $34,600 and less, with 68 percent over last year’s budget. Do they are in the income category that is less children, if they will remain working, we need to increase it that much or likely to be audited. we will give them an earned income tax should we go after where the big money Simply put, the tax compliance priorities credit so that they can keep working is? That is all the Congressman is contained in this bill is a misallocation of and not go onto the welfare rolls. That doing, and I surely support the Con- funds. was the reason for the earned income gressman and commend him for bring- The Cooper, DeLauro, Kilpatrick amend- tax credit as it passed this Congress in ing the amendment forward. I am ment scales back the EITC precertification the early seventies by Republican ini- happy to be a cosponsor with it. pilot program to $25 million and intends to re- tiatives, and I think it was good then The working poor deserve our sup- store greater balance in our tax compliance ef- and it is certainly good now. port during these difficult times. Many forts by making more money available for in- As the gentleman from Tennessee of the working poor have sons and vestigating and auditing large and medium (Mr. COOPER) states, this is a hit at daughters who are fighting offshore. I sized businesses. That’s where the money is. those who can least afford it. Statistics have some of those in my district. I That’s where the greater incidence of tax show that this may recoup some $9 bil- want to try to help them keep their cheating occurs.

VerDate jul 14 2003 05:20 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00073 Fmt 7634 Sfmt 9920 E:\CR\FM\K04SE7.149 H04PT1 H7916 CONGRESSIONAL RECORD — HOUSE September 4, 2003 The amendment allows the IRS to move for- forcement of EITC. We are trying to do 1999. Overall, we know that every year ward with the precertification program, but it it in a fair and balanced way so that we lose about $30 billion through un- also encourages the IRS to go after the big the IRS can go after where the big derpayment of taxes. Only a very small tax dodgers like major tax shelters such as money is as well as where the small proportion of this comes from the corporate trusts, offshore accounts, other abu- money is. EITC. The vast majority is high-in- sive corporate tax shelters. And the gentleman is unfair as well come earners and corporations. And it This amendment says lets go after tax because it is not just a little bit of pa- is worth repeating what my colleagues cheats poor and rich, and represents a depar- perwork. They have to find folks who have said tonight. The estimate of ture from the administration’s policy of increas- will certify that their own children taxes that the IRS says are avoided, ing the tax burden on the poor. have been living with them for 6 evaded or not paid by individuals, $132 Mr. ISTOOK. Mr. Chairman, I yield months, and they disqualify relatives billion, offshore accounts $70 billion. myself such time as I may consume. and neighbors and building managers. Let us remember offshore accounts. The error rate we are discussing re- So who else can they turn to, people Only a few minutes ago on this floor garding the EITC is not an old number. who do not know them? And under pen- the gentleman from Virginia got up This was something that a special task alty of perjury, they want an absentee and said we should not take up the force was formed within the IRS and landlord to sign a piece of paper saying issue of expatriates. These are compa- the Treasury Department, and their someone’s kids have been living with nies that go offshore to avoid paying most recent comprehensive survey was them? Why not a simpler approach? taxes then come back to the Federal January of last year, January of 2002, Why not say, in the situation of a di- Government to get contracts to further where they established the EITC error vorce or legal separation, why not go their own business interests. They do rate is between 27 and 32 percent. If we to the court and find out who has cus- not want to discuss that. Seventy bil- compare that with other major social tody of the children and get a certifi- lion dollars is lost on taxes by those benefit programs, such as temporary cate there and make that work? That corporations who go offshore just spe- assistance to needy families, food would be a simple, fair way to do it. cifically for the purpose of not paying stamps, Social Security, disability, and But, no, the IRS has not chosen that taxes to the U.S. Government. Where is Medicaid, they have the error rates path. the task force, where is the task force below 10 percent, whereas the EITC There are other simpler ways of solv- that is going after that $70 billion? error rate is 27 to 32 percent. Three ing this problem, and that is all that They do not want to go down that times as many mistakes. Why? Because we ask. Even the IRS acknowledges route. we do not have any checking up on peo- that. That is why they have, on their Partnership investors. Thirty billion ple. own initiative, delayed and downsized dollars is lost. The fact of the matter is And we are not just checking up on their proposed program. that the number that my colleague this program. We have, in the IRS Mr. Chairman, I yield 5 minutes to uses of $10 billion is a 1999 number as budget, an increase of $160 million the gentlewoman from Connecticut well. There have been subsequent going after upper-income taxpayers, (Ms. DELAURO), my good friend and col- changes to the tax law that would re- people that may be scofflaws and try- league and cosponsor of this key duce that. We are talking about $6.5 ing to bend or twist or distort our tax amendment. billion, yes, that undeserved EITC tax laws. We are trying to go after this Ms. DELAURO. Mr. Chairman, I can- credits paid, nowhere near what indi- across the board, but we need to have not tell you how proud I am to stand viduals or offshore accounts do. The verification and documentation for tonight with the gentleman from Ten- government loses $6.5 billion in direct tax revenue annually from mid- and people that expect the taxpayers to be nessee (Mr. COOPER) and the gentle- large corporations not audited due to doing this for them. woman from Michigan (Ms. KIL- the fact that the IRS does not have en- Under the EITC, a person can receive PATRICK) to offer this amendment, a check from the Federal Treasury for which in essence just says let us redi- forcement dollars to go after them. According to an end-of-term report as much as $4,204. That is above and be- rect. It does not close any doors. Let us by former IRS Commissioner Rossotti, yond whatever they might or might redirect some of the funds intended for the IRS lacks the resources to address not have paid in income taxes. On aver- the IRS’s EITC precertification pro- 28 percent of the mid- and large cor- age, for these 19 million people, on av- gram to increase tax compliance for poration workload that should be ac- erage they receive $1,705 above and be- mid- and large corporations. In fact, complished each year. This amendment yond what they paid in income taxes. what this new IRS rule is all about is would begin to address that problem. It Is it asking too much for someone that creating a two-tiered tax enforcement redirects $75 million of funding from expects the taxpayers to write them a system, one for high-income Americans the EITC precertification initiative to- check for an average of $1,700 to do a and one for low-wage workers that is wards the investigation of high-yield- little bit of documentation in 20 per- far more burdensome. ing tax compliance activities. It does My colleague from Tennessee pointed cent of the cases to show that they ac- not stop the EITC initiative from mov- tually qualify? That is not asking out child care records, school records, ing forward. It will provide $25 million much. medical records, leases, religious for that program in addition to the $150 In fact, it is not picking on the poor records, a letter on letterhead from a million that is already there to take a either, because more than a third, member of the clergy, child care pro- look at this issue. about 35 percent, more than a third of viders, employers, health care pro- It simply ensures, quite frankly, that the EITC recipients exceed the poverty viders, landlords, utility managers, we will focus our interests on the area guidelines in their income. This is a third-party affidavits. That is what that gives us more bang for the buck. program that goes beyond just helping they are asking of low-wage workers. None of us wants to see fraud go the poor because it has become so easy No other group of taxpayers has got to unpunished; but let us be fair, my for people to falsely or fraudulently, go through those kinds of gyrations. friends. Let us not require the lowest- and, yes, sometimes mistakenly get But it is what we could anticipate. income Americans to meet this money from the Federal Treasury. This is the same crowd that says no to precertification standards that no one We should not close the door on efforts a child tax credit for people who make else is required to meet while at the to try to stop a wrongful outflow of $10 $10,500 a year to $26,000 a year. They same time failing to crack down at all billion a year out of the Federal Treas- are workers, hard workers; they just on fraud in businesses and higher-in- ury. We should oppose the amendment. happen to make low wages, so let us go come taxpayers. Mr. Chairman, I reserve the balance after them. That is what this new rule Support the Cooper-DeLauro-Kil- of my time. is about. We know their problems with patrick amendment. Mr. COOPER. Mr. Chairman, I yield the EITC. Mr. COOPER. Mr. Chairman, I yield 2 myself such time as I may consume to No one here is defending overclaims, minutes to the gentleman from South note once again that my friend, the but let us not forget a 2001 GAO report Carolina (Mr. CLYBURN). gentleman from Oklahoma, is being found that about 4.3 million eligible Mr. CLYBURN. Mr. Chairman, I unfair. We are not trying to stop en- households did not claim the EITC in thank the gentleman for yielding me

VerDate jul 14 2003 05:20 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.089 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7917 this time and for bringing this amend- former President Ronald Reagan called precertification proposal, which is es- ment forward. our most effective program to fight sentially a preaudit, between 1 out of I want to say something about this poverty. It is not a welfare program. every 4 to 8 EITC claimants would be issue that has to do with the broader No other group of tax filers is required audited. impact that it has on the people of my to precertify 6 months before filing That is a big expenditure for very State of South Carolina. If you were to their taxes for tax credits and deduc- small returns. Approximately 70 per- look at the fact that according to GAO tions. cent of all EITC claimants receive tax about 3 percent of the estimated total return assistance from commercial tax b 2000 taxes that go uncollected for non- preparers. Among taxpayers with in- compliance compares with the fact We do not require precertification for comes above $100,000, the chance of that the underreporting of business in- families and individuals that claim the being audited fell 26 percent last year come for taxes in fraud are over $40 bil- child tax credit, home mortgage deduc- to an all-time low, yet this group is lion a year, which is around $10 billion tions, student loan deductions, lifetime most likely to have income that is a year more than the EITC program is learning credits, or any other tax pro- easiest to hide. all together. I think the program is gram. Why target the working poor? The overwhelming majority of Amer- around $31 billion. Now, if we were to Well, there is no question we should re- icans, whether rich or poor, cooperate look at this and take into account duce illegitimate payments in the and are honest in filing their taxes; but what kind of fraud is taking place, one EITC. The highest estimates peg EITC clearly the people with the most in- of the things we are going to see is overpayments at between $8 and $10 come have the most incentive not to what was just talked about, and that is billion. Those estimates do not even disclose income because they have the about $70 billion a year going to off- take into account the tax changes in much greater savings, and in fact they shore companies. 2001 which are expected to reduce the have ways and means to hide it better. I have a real problem with that be- overpayments by at least $2 billion. Since 1996, the number of revenue cause in my State one of the industries Finally, the alleged overpayments agents has dropped by 14,949 to 11,752 in that the people who are eligible for the are a pittance compared to $132 billion 2002. The number of collection revenue earned income tax credits, one of the in lost tax revenue for individuals, the officers has dropped from 5,537 in 1996 categories of work that they have re- $70 billion in lost tax revenue for off- to approximately 3,500 today. lied on for years, working in the textile shore accounts, and the $46 billion in What is the point of all this? The and apparel industry, has gone offshore lost tax revenues for corporations. point is if we are going to put resources to the tune of 50 percent in South Caro- Again I ask, why target the working in, as the chairman has suggested, and lina. Ten years ago we had 126,000 tex- poor? Let us put our enforcement re- I might say the chairman has had a tile jobs in our State. Today, 63,000 tex- sources where we get the highest re- focus on EITC since becoming the tile jobs are going offshore. So not only turn. I urge an aye vote for the Cooper chairman, but it is ironic in my opin- do we see the money going offshore, we amendment. ion that a party that talked about op- also see the jobs that these people have Mr. COOPER. Mr. Chairman, I yield portunity for hardworking Americans to rely upon going offshore. such time as he may consume to the is being so hard on those hard- working So I think this is a very good amend- gentleman from Maryland (Mr. HOYER). Americans. ment because it will work to help us Mr. HOYER. Mr. Chairman, I thank If there is fraud, we need to ferret it focus protection. the gentleman for yielding me this out; but we need to ferret it out wheth- Mr. COOPER. Mr. Chairman, I yield 3 time. er you are making $10,000 or $100,000 or minutes to the gentleman from Massa- Mr. Chairman, I remain concerned $1 million. And we ought to do it fairly, chusetts (Mr. OLVER), the ranking that the proposed funding for the EITC across the board, and not target the member of the subcommittee. compliance activities will create an least among us. Mr. OLVER. Mr. Chairman, I thank undue burden on our most vulnerable Mr. COOPER. Mr. Chairman, I yield the gentleman for yielding me this citizens. The bill includes $100 billion myself the balance of my time to close. time, and I rise in support of his to make it more difficult for hard- Mr. Chairman, if it is just a little bit amendment. working families with low incomes to of paperwork, if it is not much hassle, The IRS has started, has already apply for the credit. That does not if it is easy to comply with started an earned income tax credit sound to me like the opportunity of so- precertification, then I would suggest pilot program that will require 45,000 ciety which the majority party talks so that the gentleman from Oklahoma in EITC recipients in the 2003 taxable long and often about. the next Congress apply the same rul- year to precertify their eligibility be- If we must spend that much on EITC ings and regulations to all of the other fore they can claim the tax credit. compliance, and all of us want to en- taxpayers in this country. Without examining the results of that sure that there is not fraud in the sys- I think the gentleman will find that pilot and whatever impacts that tem, we agree on that. However, it these paperwork requirements are in- precertification program would have would be better spent on hiring more deed burdensome, unfair, and are in- on the participation in the program, customer service and assistant per- deed insensitive to the working poor, and in fact the IRS has now slowed sonnel to make sure that those who the folks we should be trying to help in down their pilot project because of con- President Reagan thought ought to be this Congress, as they lift themselves troversies it has raised, the IRS has in- helped were helped in a positive way by out of poverty, using a Republican- cluded $100 million, and this budget in- giving them a tax credit as opposed to borne program which has helped mil- cludes that in their budget, so they can a handout. lions of Americans and their families precertify not 45,000, but 2 million, Statistics illustrate that the focus on escape the poverty trap, and it does so households, and later increase that, low-income filers rather than higher- by allowing them to avoid the punitive ramp it up to 4 or 5 million households income filers may be unwarranted. marginal tax rates that the working thereafter. Audit rates are not consistent for dif- poor face. Under the IRS proposal, 25 to 30 per- ferent income levels. On 4–27 the New Mr. ISTOOK. Mr. Chairman, I yield cent of all low-income working fami- York Times said 1 of every 175 indi- myself such time as I may consume in lies that receive the EITC would be vidual tax returns was audited in 2002; closing. subject to the precertification. Well, 1 of every 64 EITC claimants was au- Mr. Chairman, if someone wants tax- that sounds like being guilty until you dited; but 1 of every 120 taxpayers with payer money to assist them with tem- can prove yourself innocent to me. annual incomes over $100,000 was au- porary assistance to needy families, Clearly, this money would be better dited. In other words, we are doing one they would fill out the paperwork and spent investigating high-yielding au- sixty-fourth in terms of poorer people, show they are eligible before they re- dits of midsize and large corporations. and we are doing half of that for ceived it; 100 percent would go through Let me remind my colleagues that wealthier people. that process. the EITC is a tax credit program for One in about every 400 partnerships If someone wants Social Security dis- the working poor, a program which were audited. Under the EITC ability, for taxpayers to write a check

VerDate jul 14 2003 05:20 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.154 H04PT1 H7918 CONGRESSIONAL RECORD — HOUSE September 4, 2003 for your disability, you would go The CHAIRMAN pro tempore (Mr. b 2015 through a precertification process 100 SESSIONS). The question is on the I think we have an obligation to ad- percent. amendment offered by the gentleman dress this issue. American companies, If someone wanted Medicaid, if they from Tennessee (Mr. COOPER). particularly those contracting with our wanted food stamps, they would, 100 The question was taken; and the government, ought to pay American percent of the citizens that want that Chairman announced that the noes ap- taxes just like every citizen in this assistance, would go through a process peared to have it. country. By this action, the Repub- in advance. Mr. COOPER. Mr. Chairman, I de- lican majority is once again dem- Here we have a program that on aver- mand a recorded vote. onstrating that they do not hold these age writes a check of $1,700 beyond The CHAIRMAN pro tempore. Pursu- same values. whatever they paid on their income ant to clause 6 of rule XVIII, further Recent data show that corporate ex- taxes, writes a check on average for proceedings on the amendment offered patriates have actually increased the $1,700, and it goes out to 19 million by the gentleman from Tennessee (Mr. amount of Federal contracts they re- Americans. And we are talking about COOPER) will be postponed. ceive. Despite abandoning our country saying maybe we ought to have at least Mr. OLVER. Mr. Chairman, I move to and costing our government $5 billion a few thousand of them, of the people strike the last word. in lost tax revenue, corporate expatri- that are in the most questionable cir- Ms. DELAURO. Mr. Chairman, will ates reaped $1.4 billion in Federal con- cumstances, go through a process of the gentleman yield? tracts last year alone. They do not pay certification before they receive this Mr. OLVER. I yield to the gentle- their taxes; they go overseas and they taxpayers’ money. And the $1,700 is an woman from Connecticut (Ms. get the largesse of the Federal Govern- average. It goes up to $4,200. DELAURO). ment to the tune of $1.4 billion, funds Only a fraction of the people under Ms. DELAURO. Mr. Chairman, I sorely needed particularly in the cur- this program will be put through a cer- thank my colleague for giving me the rent fiscal climate. One example: While tification, but maybe if we had more opportunity to talk for a moment the committee has provided $900 mil- people going through the process, we about the issue of corporate expatri- lion in funding for Amtrak, that fund- would not have this error rate of a ates. ing level is far below the $1.8 billion re- fourth to a third of the applicants, $10 I would like to express a serious op- quested by Amtrak and which is sorely billion a year, getting money to which position to the point of order that was needed to address a backlog of capital they are not entitled. That is 3 times offered by the gentleman from Virginia repairs. It is long past time that we the error rate of these programs where earlier tonight which removed the cor- stopped hiding behind procedural they put 100 percent of the applicants porate expatriates contracting ban sleight-of-hand to disguise the fact through a certification process. from this bill. I would like to point out that some in this body want to condone We do not pick on people when we the hypocrisy of what my friends on this practice. say they ought to show they are eligi- the other side of the aisle are doing I will not call for a vote at this time, ble before they ask for a check to be here this evening. but I want to make clear that this written out of the Treasury. We are not This is like deja vu for me. The same issue is not going to go away. It is time picking on anybody, and we are putting thing happened in June when we de- that we draw a line in the sand and tell a lot more resources into going after bated the homeland security appropria- these corporate expatriates that they the upper-income taxpayers. There is tions bill. The Committee on Appro- will no longer be rewarded with govern- $4 billion for tax compliance efforts in priations accepted my amendment by ment contracts for taking and putting this bill, and the other side of the aisle voice vote, only to turn around and use their business overseas, expressly for is complaining because we are spending a legislative technicality to justify the purpose of not paying taxes in the a couple of hundred million on trying stripping it from the bill. United States. Let us be honest about to keep $10 billion from walking out In fact, the gentleman from Florida what we do in this body and who ought the door. (Chairman YOUNG), for whom I have to be paying their taxes if they expect We are not talking about people who the utmost respect, promised during to reap the benefits of Federal con- are failing to send income to the Treas- the committee consideration that he tracts. Let us not go after low-wage ury, we are talking about people who would support protecting this amend- workers and have this two-tiered en- are getting a check from the United ment when it went to the Committee forcement practice and allow these States Government. It is common on Rules. folks to get away without paying their sense. It is just common sense to say This amendment, let me just be hon- taxes and come back and get billions in that we ought to be doing a better job est, is a simple one; very, very simple. taxpayers’ dollars that we so earnestly of making sure that people are eligible. Quite frankly, some of what we are do not want to allow to low-income It is not imposing on people that have talking about here tonight would sim- wage workers but are willing to squan- to go through a lot more onerous re- ply prohibit the Treasury Department der billions to those who care not to pay their taxes to the United States quirements for other social assistance from contracting with corporate expa- Government while they make their programs than this is asking a small triates. These are companies that oper- ate here in the United States but they profits here. fraction of those 19 million of those Mr. YOUNG of Florida. Mr. Chair- people to go through. This is common set up a shell corporation overseas for the express purpose of avoiding paying man, will the gentleman yield? sense. Mr. OLVER. I yield to the gentleman their taxes. They do not want to pay And the amendment is saying well, from Florida. we are going to reduce $75 million in their taxes; and once again, we have Mr. YOUNG of Florida. I thank the this account and then add $75 million not set up any kind of special task gentleman for yielding. The gentle- back in, and then claim they are ac- force within the IRS or anywhere else woman from Connecticut is exactly complishing something. Talk about to investigate these folks. No one is correct. The chairman did state that he cosmetics, we do not need a cosmetic doing that. It is the height of irony. would ask the rule to protect the approach to this problem. We need a re- Even the IRS, the agency that we amendment. The chairman did just alistic approach to the problem. That have been talking about here tonight, that in a written request to the Com- is what the IRS is trying to do and that which is looking at low-income wage mittee on Rules to protect all of the is why we are trying to help them do it. earners and enforcement of low-income amendments adopted during the full Mr. Chairman, hardworking people wage earners and what they ought to committee markup. do not want people who are not quali- be doing to pay their taxes and not So the gentlewoman is correct. The fied taking some of their hard-earned take any taxpayer dollars without Committee on Rules chose not to agree money, $10 billion a year, out of the precertifying, the IRS, the agency with my request. U.S. Treasury. I ask that this amend- charged with collecting taxes, has will- Ms. DELAURO. I thank the chairman ment be defeated. ingly contracted with a company that for his efforts. Mr. Chairman, I yield back the bal- has moved overseas in an effort to The CHAIRMAN pro tempore (Mr. ance of my time. avoid paying their taxes. SESSIONS). The time of the gentleman

VerDate jul 14 2003 05:20 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.156 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7919 from Massachusetts (Mr. OLVER) has deed, the President is 320 days late in years in our own country to help secure expired. sending the nominees to the Senate, to our democratic voting systems here in (By unanimous consent, Mr. OLVER the other body, for approval. That this Republic? I think it is really an was allowed to proceed for 30 addi- means there are no Federal standards important question for the Congress. In tional seconds.) and guidelines to prevent fraud and hopes of resolving this issue amicably, Mr. OLVER. Mr. Chairman, I would abuse. And so the States are floun- I will withdraw my amendment at this just like to reiterate what had been dering around out there being besieged point in hopes that we might be able to said earlier today by my colleague by various companies trying to offer deal with it in the upcoming supple- from Massachusetts on this same point machines that they say are the great- mental. of the expatriate taxation, that what est in the world when in fact they real- Mr. Chairman, I include the following was won within the Committee on Ap- ly are not. material for the RECORD: propriations and what the chairman of What this amendment seeks to do is [From the Cleveland Plain Dealer, Aug. 28, the Committee on Appropriations at- to preserve the funds that we said were 2003] tempted to protect was in fact lost by necessary and to preserve them over VOTING MACHINE CONTROVERSY the actions of the Committee on Rules the 3-year period. Unless this amend- (By Julie Carr Smyth) at a later point. I think that is unfor- ment is adopted, the funding will ex- COLUMBUS.—The head of a company vying tunate. pire, which means the States will even to sell voting machines in Ohio told Repub- AMENDMENT OFFERED BY MS. KAPTUR be in a worse position than they are licans in a recent fund-raising letter that he Ms. KAPTUR. Mr. Chairman, I offer today. The President should have had is ‘‘committed to helping Ohio deliver its his nominees to the Federal Election electoral votes to the president next year.’’ an amendment. The Aug. 14 letter from Walden O’Dell, The CHAIRMAN pro tempore. The Commission appointed February 26 of chief executive of Diebold Inc.—who has be- Clerk will designate the amendment. this year. That has not been done. That come active in the re-election effort of Presi- The text of the amendment is as fol- means there are no Federal standards dent Bush—prompted Democrats this week lows: or guidelines for election technologies. to question the propriety of allowing O’Dell’s In my own State of Ohio, for exam- company to calculate votes in the 2004 presi- Amendment offered by Ms. KAPTUR: dential election. Page 106, insert after line 4 the following: ple, we assembled a computer security O’Dell attended a strategy pow-wow with SEC. 511. Section 257(a) of the Help America team and sent them down to our State wealthy Bush benefactors—known as Rang- Vote Act of 2002 (42 U.S.C. 15407(a)) is amend- House to review the various election ers and Pioneers—at the president’s ed by striking ‘‘the following amounts’’ and technologies. There was not one set of Crawford, Texas, ranch earlier this month. all that follows and inserting ‘‘an aggregate technologies that came back as either The next week, he penned invitations to a amount of $3,000,000,000 for fiscal years 2003 excellent or very good in the two most $1,000-a-plate fund-raiser to benefit the Ohio through 2005’’. important categories of judgment, Republican Party’s federal campaign fund— Mr. ISTOOK. Mr. Chairman, I reserve first, security of the system, the abil- partially benefiting Bush—at his mansion in a point of order. ity to prevent fraud and abuse in the the Columbus suburb of Upper Arlington. The CHAIRMAN pro tempore. The software; and, secondly, ease of use by The letter went out the day before Ohio point of order is reserved. the voter. No system qualified. We Secretary of State Ken Blackwell, also a Re- public, was set to qualify Diebold as one of Pursuant to the order of the House of have to get the money down there to today, the gentlewoman from Ohio (Ms. three firms eligible to sell upgraded elec- these States and localities. There have tronic voting machines to Ohio counties in KAPTUR) and a Member opposed each to be Federal standards. Right now, time for the 2004 election. will control 5 minutes. less than half of the money that we Blackwell’s announcement is still in limbo The Chair recognizes the gentle- should have appropriated has been pro- because of a court challenge over the fair- woman from Ohio (Ms. KAPTUR). vided in the 2004 bill; and in this year ness of the selection process by a disqualified Ms. KAPTUR. Mr. Chairman, I yield bidder, Sequoia Voting Systems. of 2003, the money has not arrived. Less In his invitation letter, O’Dell asked myself such time as I may consume. than half the money is there. What are I begin by saying nothing is more sa- guests to consider donating or raising up to we doing? We are setting ourselves up $10,000 each for the federal account that the cred than our citizens’ right to vote. for another failure. So at least my state GOP will use to help Bush and other The amendment that I seek to offer amendment attempts to preserve the federal candidates—money that legislative this evening would preserve the $3.65 funds that were originally authorized. Democratic leaders charged could come back billion in Federal funds that this Con- Mr. Chairman, I yield to the gen- to benefit Blackwell. gress authorized over the next 3 years tleman from Maryland (Mr. HOYER) They urged Blackwell to remove Diebold under the Help America Vote Act for who understands this issue so well. from the field of voting-machine companies upgrading election systems across our eligible to sell to Ohio counties. Mr. HOYER. I thank the gentle- This is the second such request in as many country. We originally passed this over woman for yielding, and I thank her for months. State Sen. Jeff Jacobson, a Dayton- 2 years ago, and I make this effort to her amendment. I believe the amend- area Republic an, asked Blackwell in July to preserve these funds because the Bush ment is not at all harmful to the objec- disqualify Diebold after security concerns administration has not provided the tive of putting in place an election sys- arose over its equipment. necessary funds as authorized, and it is tem that works for every American and ‘‘Ordinary Ohioans may infer that also 320 days late in appointing the is accurate and accessible and trust- Blackwell’s office is looking past Diebold’s election commission that was supposed worthy. Her suggestion that the money security issues because it CEO is seeking $10,000 donations for Blackwell’s party—do- to establish the Federal standards and not lapse, that it moves forward, I nations that could be made with statewide guidelines to prevent fraud and abuse think is an excellent suggestion. I elected officials right here in the same in these new electronic election tech- strongly support her amendment and room,’’ said Senate Democratic Leader Greg nologies. thank her for her work in this effort. DiDonato. The national election debacle that we Ms. KAPTUR. I thank the gentleman Diebold spokeswoman Michelle Griggy said witnessed as a country in the year of for his leadership in this in trying to O’Dell—who was unavailable to comment 2000 simply cannot ever happen again. provide an election system across this personally—has held fund-raisers in his home That is why we passed the Help Amer- country that has integrity, depend- for many causes, including the Columbus Zoo, Opera Columbus, Catholic Social Serv- ica Vote Act. Already, $650 million has ability and sufficient funds to assure ices and Ohio State University. gone out to the States, but only for the those qualities. What we are being Ohio GOP spokesman Jason Mauk said the hardware. $3 billion that should be out given are half measures, empty prom- party approached O’Dell about hosting the there in the hands of the States is not ises and what is becoming more and event at his home, the historic Cotswold there in order to buy the proper equip- more confusing at the local county Manor, and not the other way around. Mauk ment, provide the training, register the level. No State standards, no Federal said that under federal campaign finance voters, and really provide a revolution standards, and not enough money. rules, the party cannot use any money from its federal account for state-level candidates. in new technology at the polls. America really deserves better. If we ‘‘To think that Diebold is somehow tainted Importantly, the election commis- can afford to spend $4 billion a month because they have a couple folks on their sion authorized by the Help America in Iraq to secure democracy, can we board who support the president is just un- Vote Act has not been appointed. In- not afford to spend $3 billion over 3 fair,’’ Mauk said.

VerDate jul 14 2003 05:20 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.158 H04PT1 H7920 CONGRESSIONAL RECORD — HOUSE September 4, 2003 Griggly said in an e-mail statement that nections of Diebold’s chief executive as par Page 157, after line 2, insert the following: Diebold could not comment on the political for the course in legitimate Columbus lob- SEC. 742. It is the sense of the Congress contributions of individual company employ- bying for influence and attention. that none of the funds made available in this ees. That may be so, but the appearance of con- Act should be used to disestablish any pay Blackwell said Diebold is not the only flict is clear when a company that is spend- locality (as defined by section 5302 of title 5, company with political connections—noth- ing money to influence the outcome of an United States Code). ing that lobbyists for voting-machine mak- election also wants to help count the votes. The CHAIRMAN pro tempore. Pursu- ers read like a who’s who of Columbus’ pow- Democratic lawmakers in Ohio say that’s ant to the order of the House of today, erful and politically connected. disturbing enough to warrant disqualifying the gentleman from California (Mr. ‘‘Let me put it to you this way: If there Diebold from selling voting machines in this was one person uniquely involved in the po- state. Two months ago Republican state Sen. FARR) and a Member opposed each will litical process, that might be troubling,’’ he Jeff Jacobson from Dayton asked Mr. control 5 minutes. said. ‘‘But there’s no one that hasn’t used Blackwell to do the same thing when secu- The Chair recognizes the gentleman every legitimate avenue and bit of leverage rity concerns were raised about some of from California (Mr. FARR). that they could legally use to get their prod- Diebold’s equipment. Mr. FARR. Mr. Chairman, I yield my- uct looked at. Believe me, if there is a polit- Now critics are wondering if Mr. self such time as I may consume. I ical lever to be pulled, all of them have Blackwell’s office overlooked problems with would like to thank Chairman ISTOOK pulled it.’’ Diebold because its CEO had prominent GOP and Ranking Member OLVER for ac- Blackwell said he stands by the process connections. It is premature to urge cepting my sense of Congress amend- used for selecting voting machine vendors as Diebold’s disqualification from the field of ment. Let me just quickly explain fair, thorough and impartial. eligible vendors, but the issue warrants the As of yesterday, however, that determina- state’s careful attention. what it does. Every 10 years after the tion lay with Ohio Court of Claims Judge national census is taken, the Office of Fred Shoemaker. [From the Cleveland Plain Dealer, Sept. 1, Management and Budget redefines and He heard closing arguments yesterday over 2003] redesignates metropolitan statistical whether Sequoia was unfairly eliminated by TAKING SIDES AT DIEBOLD areas, known as MSAs. Then the Office Blackwell midway through the final phase of In a perfect world, companies that make of Personnel Management uses those negotiations. voting equipment would be apolitical. But MSA definitions to overlay their own Shoemaker extended a temporary restrain- it’s not a perfect world. ing order in the case for 14 days, but said he geographic boundaries for so-called lo- Still, you would think that the CEO of a hopes to issue his opinion sooner than that. cality pay areas. company that wants to make a lot of money This year the Office of Management selling voting machines to Ohio would see [From the Toledo Blade, Sept. 3, 2003] and Budget came out with new defini- the value of at least pretending impartiality. tions in June, but they radically THE DIEBOLD DILEMMA Instead, Diebold Chief Executive Walden Did the head of an Ohio company hoping to O’Dell committed himself in a recent fund- changed their methodology to a point land a big job with the state to supply up- raising letter to work to ‘‘deliver [Ohio’s] where the Office of Personnel Manage- graded electronic voting machines for the electoral votes’’ to President George W. ment said that the Office of Manage- 2004 elections simply commit a faux pax? Or Bush. ment and Budget definitions no longer did the high-level fund-raising activity The letter accompanied invitations to a were usable for purposes of deter- Diebold’s CEO has undertaken for the Bush $1,000-a-plate fund-raiser at O’Dell’s Upper mining locality pay boundaries. The re-election campaign give his company a cal- Arlington mansion—an invitation issued Office of Personnel Management has culated edge in securing a lucrative state days after he attended a strategy session begun the process of determining how contract? with major contributors at Bush’s ranch in Either way the actions of chief executive Crawford, Texas. to draw locality pay boundaries. The Walden O’Dell and the response of Ohio’s Re- O’Dell’s firm public commitment to work agency is more or less under the gun to publican Secretary of State Ken Blackwell for a particular candidate—while Diebold is do so by this October 7 so as to have raise inevitable and troubling questions engaged in a vigorous competition to provide this decided by the 2005 budget cycle. about the influence of money and politics on voting machines to Ohio—gives Democrats But the Office of Personnel Manage- government decisions—especially ones as powerful ammunition to use against his com- ment held its first hearing on the issue sensitive as the operation of election sys- pany. only yesterday, September 3. The issue Ohio, like many other states, decided it tems. is too complex and too sensitive to fig- Mr. O’Dell is not just a contributor to GOP was time to retire its punch-card machines campaigns; he’s at the top of the fund-rais- after the Florida voting debacle during the ure out in a month. Thousands of Fed- ing food chain. Recently, according to pub- 2000 presidential election. And allegations eral employee paychecks and con- lished reports, he attended a strategy session have been rampant recently that Ohio Sec- sequently Federal agency missions at the president’s Crawford, Texas, ranch retary of State Ken Blackwell would like to hang in the balance. with other top Bush benefactors known as see the contract go to Canton-based Diebold. My amendment essentially states ‘‘Rangers’’ or ‘‘Pioneers,’’ depending on the That’s going to be harder sell now. that Congress believes current locality impressive amount of campaign money Makers of voting equipment routinely give pay areas should be held harmless over raised for the Bush war chest. to political parties and candidates even as the next year. We ask that OPM not No doubt inspired by his inclusion in the they are seeking lucrative public contracts. elite circle of wealthy Bush backers, That’s bad enough. But O’Dell is setting eliminate any current locality pay Diebold’s CEO sent an impassioned fund-rais- himself up as an integral part of Bush’s re- area, but we do not object to OPM add- ing letter to Ohio Republicans declaring that election apparatus. That’s too close for com- ing any new areas. In the interim, the he is ‘‘committed to helping Ohio deliver its fort. Office of Personnel Management has electoral votes to the President next year.’’ If Diebold just made ATM’s and industrial time to do the research right and to The bad judgment from the head of a firm safes, his actions would not be an issue. But draw up a fair and defensible plan for trying to sell voting machines to the state is Diebold wants Ohioans to trust it to be fair locality pay boundary designations. obvious. and accurate in recording and tabulating I commend the chairman of the sub- Moreover, in his note to party members their choices at the polls. That requires im- committee for his leadership on this pledging to deliver Ohio to the President, partiality. And in the wake of O’Dell’s letter, Mr. O’Dell invited partisans to a $1,000-a- impartiality is not a trait anyone can asso- issue and thank him for accepting the plate fund-raiser at his Columbus area man- ciate with Diebold at the moment. amendment. Mr. ISTOOK. Mr. Chairman, as the sion and nudged them to also consider donat- The CHAIRMAN pro tempore. With- gentleman has represented, I am agree- ing or raising an additional $10,000 each for out objection, the gentlewoman’s the state of GOP’s use on federal campaigns. able to accepting the amendment. amendment is withdrawn. Interestingly the missive was mailed the The CHAIRMAN pro tempore. The day before Secretary of State Blackwell was There was no objection. question is on the amendment offered due to name Diebold as one of three firms el- AMENDMENT OFFERED BY MR. FARR by the gentleman from California (Mr. igible to sell voting machines to Ohio coun- Mr. FARR. Mr. Chairman, I offer an FARR). ties. The Blackwell announcement was de- amendment. The amendment was agreed to. layed by a court challenge over the fairness The CHAIRMAN pro tempore. The SEQUENTIAL VOTES POSTPONED IN COMMITTEE of the state’s bidding process by one of the Clerk will designate the amendment. disqualified contenders. OF THE WHOLE Mr. Blackwell, who insists that state vot- The text of the amendment is as fol- The CHAIRMAN pro tempore. Pursu- ing machine vendors were selected fairly and lows: ant to clause 6 of rule XVIII, pro- impartially, downplayed the political con- Amendment offered by Mr. FARR: ceedings will now resume on those

VerDate jul 14 2003 05:20 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.079 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7921 amendments on which further pro- Tanner Turner (TX) Watson b 2048 ceedings were postponed in the fol- Tauscher Udall (CO) Watt Taylor (MS) Udall (NM) Weiner Messrs. GUTKNECHT, NEY, lowing order: an amendment offered by Thompson (CA) Van Hollen Wexler GILCHREST and EHLERS changed the gentlewoman from Texas (Ms. Thompson (MS) Velazquez Wu their vote from ‘‘aye’’ to ‘‘no.’’ JACKSON-LEE) and an amendment of- Tierney Visclosky Wynn Towns Waters Messrs. SPRATT, MURTHA, KAN- fered by the gentleman from Tennessee JORSKI, LUCAS of Kentucky and (Mr. COOPER). NOES—222 SKELTON changed their vote from The first electronic vote will be con- ‘‘no’’ to ‘‘aye.’’ ducted as a 15-minute vote. The second Aderholt Garrett (NJ) Ose Akin Gerlach Otter So the amendment was rejected. will be a 5-minute vote. Bachus Gibbons Oxley The result of the vote was announced AMENDMENT OFFERED BY MS. JACKSON-LEE OF Baker Gilchrest Paul as above recorded. TEXAS Ballenger Gingrey Pearce Barrett (SC) Goode Pence ANNOUNCEMENT BY THE CHAIRMAN The CHAIRMAN pro tempore. The Bartlett (MD) Goodlatte Peterson (MN) Pursuant to clause 6 of rule XVI, any pending business is the demand for a Barton (TX) Goss Peterson (PA) recorded vote on the amendment of- Bass Granger Petri record vote on this next question will fered by the gentlewoman from Texas Beauprez Graves Pitts be a 5-minute vote. Bereuter Green (WI) Platts (Ms. JACKSON-LEE) on which further AMENDMENT OFFERED BY MR. COOPER Biggert Greenwood Pombo proceedings were postponed and on Bilirakis Gutknecht Pomeroy The CHAIRMAN. The pending busi- which the noes prevailed by voice vote. Bishop (UT) Harris Porter ness is the demand for a recorded vote The Clerk will designate the amend- Blackburn Hart Portman on the amendment offered by the gen- ment. Blunt Hastings (WA) Pryce (OH) tleman from Tennessee (Mr. COOPER) Boehlert Hayes Putnam on which further proceedings were The Clerk designated the amend- Boehner Hayworth Quinn ment. Bonilla Hefley Radanovich postponed and on which the noes pre- RECORDED VOTE Bonner Hensarling Ramstad vailed by voice vote. Bono Herger Rehberg The CHAIRMAN pro tempore. A re- The Clerk will redesignate the Boozman Hobson Renzi amendment. corded vote has been demanded. Bradley (NH) Hoekstra Reynolds A recorded vote was ordered. Brady (TX) Hostettler Rogers (AL) The Clerk redesignated the amend- The vote was taken by electronic de- Brown (SC) Houghton Rogers (KY) ment. Brown-Waite, Hulshof Rogers (MI) RECORDED VOTE vice, and there were—ayes 188, noes 222, Ginny Hunter Rohrabacher not voting 24, as follows: Burgess Hyde Ros-Lehtinen The CHAIRMAN. A recorded vote has [Roll No. 474] Burns Isakson Royce been demanded. Burr Issa Ryun (KS) AYES—188 A recorded vote was ordered. Burton (IN) Istook Saxton The CHAIRMAN. This will be a 5- Alexander Filner McCarthy (NY) Buyer Jenkins Schrock Allen Ford McCollum Calvert Johnson (CT) Sensenbrenner minute vote. Andrews Frank (MA) McDermott Camp Johnson (IL) Sessions The vote was taken by electronic de- Baca Frost McGovern Cannon Johnson, Sam Shadegg vice, and there were—ayes 192, noes 219, Baird Gillmor McNulty Cantor Jones (NC) Shaw not voting 23, as follows: Baldwin Gonzalez Meek (FL) Capito Kelly Shays Ballance Gordon Meeks (NY) Carter Kennedy (MN) Sherwood [Roll No. 475] Becerra Green (TX) Menendez Castle King (IA) Shimkus Bell Grijalva Michaud AYES—192 Chabot King (NY) Shuster Berkley Gutierrez Millender- Alexander Dooley (CA) Lantos Chocola Kingston Simmons Berman Hall McDonald Allen Doyle Larsen (WA) Berry Harman Miller (NC) Coble Kirk Simpson Andrews Edwards Larson (CT) Bishop (GA) Hastings (FL) Miller, George Cole Kline Smith (MI) Baca Emanuel Lee Bishop (NY) Hill Moore Collins Knollenberg Smith (NJ) Baird Engel Levin Blumenauer Hinchey Moran (VA) Cox Kolbe Smith (TX) Baldwin Eshoo Lewis (GA) Boswell Hinojosa Murtha Crane LaHood Souder Ballance Etheridge Lipinski Boucher Hoeffel Nadler Crenshaw Latham Stearns Becerra Evans Lofgren Boyd Holden Napolitano Cubin LaTourette Strickland Bell Farr Lowey Brady (PA) Holt Neal (MA) Culberson Leach Sullivan Berkley Fattah Lucas (KY) Brown (OH) Honda Oberstar Cunningham Lewis (CA) Sweeney Berman Filner Lynch Brown, Corrine Hooley (OR) Obey Davis, Jo Ann Lewis (KY) Tancredo Berry Ford Majette Capps Hoyer Olver Davis, Tom Linder Tauzin Bishop (GA) Frank (MA) Maloney Capuano Inslee Ortiz Deal (GA) LoBiondo Taylor (NC) Bishop (NY) Frost Markey Cardin Israel Owens DeLay Lucas (OK) Terry Blumenauer Gonzalez Marshall Cardoza Jackson (IL) Pallone DeMint Manzullo Thornberry Boswell Gordon Matheson Carson (IN) Jackson-Lee Pascrell Diaz-Balart, L. McCotter Tiahrt Boucher Green (TX) Matsui Carson (OK) (TX) Pastor Boyd Grijalva McCarthy (MO) Diaz-Balart, M. McHugh Tiberi Case Jefferson Pelosi Brady (PA) Gutierrez McCarthy (NY) Doolittle McInnis Toomey Clyburn Johnson, E. B. Price (NC) Brown (OH) Hall McCollum Conyers Jones (OH) Rahall Dreier McIntyre Turner (OH) Brown, Corrine Harman McDermott Cooper Kanjorski Reyes Duncan McKeon Upton Capps Hastings (FL) McGovern Costello Kaptur Ross Dunn Mica Vitter Capuano Hill McIntyre Cramer Kennedy (RI) Rothman Ehlers Miller (FL) Walden (OR) Cardin Hinchey McNulty Crowley Kildee Ruppersberger Emerson Miller (MI) Walsh Cardoza Hinojosa Meek (FL) Cummings Kilpatrick Rush English Miller, Gary Wamp Carson (IN) Hoeffel Meeks (NY) Davis (AL) Kind Ryan (OH) Everett Moran (KS) Weldon (FL) Carson (OK) Holden Menendez Davis (CA) Kleczka Sabo Feeney Murphy Weldon (PA) Case Holt Michaud Davis (FL) Lampson Sanchez, Linda Ferguson Musgrave Weller Clyburn Honda Millender- Davis (IL) Langevin T. Flake Nethercutt Whitfield Conyers Hooley (OR) McDonald Davis (TN) Lantos Sanchez, Loretta Fletcher Neugebauer Wicker Cooper Hoyer Miller (NC) DeFazio Larsen (WA) Sanders Foley Ney Wilson (NM) Costello Inslee Miller, George Delahunt Larson (CT) Sandlin Forbes Northup Wilson (SC) Cramer Israel Moore DeLauro Lee Schakowsky Fossella Norwood Wolf Crowley Jackson (IL) Moran (VA) Deutsch Levin Schiff Franks (AZ) Nunes Young (FL) Cummings Jackson-Lee Murtha Dicks Lewis (GA) Scott (GA) Davis (AL) (TX) Nadler Frelinghuysen Nussle Dingell Lipinski Scott (VA) Davis (CA) Jefferson Napolitano Gallegly Osborne Doggett Lofgren Serrano Davis (FL) Johnson, E. B. Neal (MA) Dooley (CA) Lowey Sherman Davis (IL) Jones (OH) Oberstar Doyle Lucas (KY) Skelton NOT VOTING—24 Davis (TN) Kanjorski Obey Edwards Lynch Slaughter Abercrombie Kucinich Regula Davis, Jo Ann Kaptur Olver Emanuel Majette Smith (WA) Ackerman McCrery Rodriguez DeFazio Kennedy (RI) Ortiz Engel Maloney Snyder Clay Meehan Roybal-Allard Delahunt Kildee Owens Eshoo Markey Solis DeGette Mollohan Ryan (WI) DeLauro Kilpatrick Pallone Etheridge Marshall Spratt Gephardt Myrick Thomas Deutsch Kind Pascrell Evans Matheson Stark Dicks Kleczka Pastor Janklow Payne Waxman Farr Matsui Stenholm Dingell Lampson Pelosi John Pickering Woolsey Fattah McCarthy (MO) Stupak Doggett Langevin Peterson (MN) Keller Rangel Young (AK)

VerDate jul 14 2003 07:14 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.163 H04PT1 H7922 CONGRESSIONAL RECORD — HOUSE September 4, 2003 Pomeroy Scott (GA) Thompson (CA) Myrick Regula Waxman Three, the House conferees shall be Price (NC) Scott (VA) Thompson (MS) Payne Rodriguez Woolsey instructed to include in the conference Rahall Serrano Tierney Pickering Roybal-Allard Young (AK) Reyes Shays Towns Rangel Sherman report all of the other provisions from Ross Skelton Turner (TX) the Senate amendment and shall not 2057 Rothman Slaughter Udall (CO) b report back a conference report that Ruppersberger Smith (WA) Udall (NM) Mr. LIPINSKI changed his vote from Rush Snyder Van Hollen includes additional tax benefits not off- Ryan (OH) Solis Velazquez ‘‘no’’ to ‘‘aye.’’ set by other provision. Sabo Spratt Visclosky So the amendment was rejected. Four, to the maximum extent pos- Sanchez, Linda Stark Waters The result of the vote was announced sible within the scope of the con- T. Stenholm Watson as above recorded. Sanchez, Loretta Strickland Watt ference, the House conferees shall be Sanders Stupak Weiner Mr. ISTOOK. Mr. Chairman, I move instructed to include in the conference Sandlin Tanner Wexler that the Committee do now rise. report other tax benefits for military Schakowsky Tauscher Wu The motion was agreed to. personnel and the families of astro- Schiff Taylor (MS) Wynn Accordingly, the Committee rose; nauts who died in the Columbia dis- NOES—219 and the Speaker pro tempore (Mr. aster. A OOD Aderholt Gerlach Osborne L H ) having assumed the chair, Mr. Five, the House conferees shall, as Akin Gibbons Ose DREIER, Chairman of the Committee of soon as practicable after the adoption Bachus Gilchrest Otter the Whole House on the State of the of this motion, meet in open session Baker Gillmor Oxley Union, reported that that Committee, with the Senate conferees and the Ballenger Gingrey Paul Barrett (SC) Goode Pearce having had under consideration the bill House conferees shall file a conference Bartlett (MD) Goodlatte Pence (H.R. 2989) making appropriations for report consistent with the preceding Barton (TX) Goss Peterson (PA) the Departments of Transportation and provisions of this instruction, not later Bass Granger Petri Treasury, and independent agencies for than the second legislative day after Beauprez Graves Pitts Bereuter Green (WI) Platts the fiscal year ending September 30, adoption of this motion. Biggert Greenwood Pombo 2004, and for other purposes, had come f Bilirakis Gutknecht Porter to no resolution thereon. Bishop (UT) Harris Portman APPOINTMENT OF CONFEREES ON f Blackburn Hart Pryce (OH) H.R. 6, ENERGY POLICY ACT OF Blunt Hastings (WA) Putnam Boehlert Hayes REMOVAL OF NAME OF MEMBER 2003 Quinn Boehner Hayworth AS COSPONSOR OF H.R. 2877 Radanovich Mr. TAUZIN. Mr. Speaker, I ask Bonilla Hefley Ramstad Bonner Hensarling Mr. CRANE. Mr. Speaker, I ask unan- unanimous consent to take from the Rehberg Bono Herger imous consent to have my name re- Speaker’s table the bill (H.R. 6) to en- Boozman Hobson Renzi Reynolds moved as a cosponsor of H.R. 2877. hance energy conservation and re- Bradley (NH) Hoekstra The SPEAKER pro tempore. Is there search and development, to provide for Brady (TX) Hostettler Rogers (AL) Brown (SC) Houghton Rogers (KY) objection to the request of the gen- security and diversity in the energy Brown-Waite, Hulshof Rogers (MI) tleman from Illinois? supply for the American people, and for Ginny Hunter Rohrabacher There was no objection. other purposes, with a Senate amend- Burgess Hyde Ros-Lehtinen Burns Isakson Royce f ment thereto, disagree to the amend- Burr Issa Ryan (WI) ANNOUNCEMENT OF INTENTION TO ment, and agree to a conference asked Burton (IN) Istook Ryun (KS) OFFER MOTION TO INSTRUCT by the Senate. Buyer Jenkins Saxton The SPEAKER pro tempore (Mr. Calvert Johnson (CT) Schrock CONFEREES ON H.R. 1308, TAX LAHOOD). Is there objection to the re- Camp Johnson (IL) Sensenbrenner RELIEF, SIMPLIFICATION, AND Sessions quest of the gentleman from Lou- Cannon Johnson, Sam EQUITY ACT OF 2003 Cantor Jones (NC) Shadegg isiana? Capito Kelly Shaw Mr. RUPPERSBERGER. Mr. Speak- There was no objection. Carter Kennedy (MN) Sherwood er, subject to rule XXII, clause 7(c), I Castle King (IA) Shimkus MOTION TO INSTRUCT OFFERED BY MR. DINGELL. Chabot King (NY) Shuster hereby announce my intention to offer Mr. DINGELL. Mr. Speaker, I offer a Chocola Kingston Simmons a motion to instruct on H.R. 1308, the motion to instruct conferees. Coble Kirk Simpson child tax credit bill. The form of the The Clerk read as follows: Cole Kline Smith (MI) motion is as follows: Collins Knollenberg Smith (NJ) Mr. Dingell moves that the managers on Cox Kolbe Smith (TX) Mr. Speaker, I move that the man- the part of the House at the conference on Crane LaHood Souder agers on the part of the House in the the disagreeing votes of the two Houses on Crenshaw Latham Stearns conference on the disagreeing votes of the Senate amendment to the bill H.R. 6 be Cubin LaTourette Sullivan the two Houses on the House amend- instructed to resolve by September 12, 2003, Culberson Leach Sweeney the differences between the House and Sen- Cunningham Lewis (CA) ment to the Senate amendment to H.R. Tancredo ate regarding the electric reliability provi- Deal (GA) Lewis (KY) Tauzin 1308 be instructed as follows: DeLay Linder sions contained in the House bill (section Taylor (NC) Number one, the House conferees DeMint LoBiondo 16031 of the House bill) and the corresponding Terry Diaz-Balart, L. Lucas (OK) shall be instructed to include in the Thomas provisions contained in the Senate amend- Diaz-Balart, M. Manzullo Thornberry conference report the provision of the ment (section 206 of the Senate amendment). Doolittle McCotter Tiahrt Senate amendment (not included in the The SPEAKER pro tempore. Pursu- Dreier McCrery Duncan McHugh Tiberi House amendment) that provides im- ant to clause 7(b) of rule XXII, the gen- Dunn McInnis Toomey mediate payments to taxpayers receiv- tleman from Michigan (Mr. DINGELL) Ehlers McKeon Turner (OH) ing an additional credit by reason of and the gentleman from Louisiana (Mr. Emerson Mica Upton the bill in the same manner as other TAUZIN) each will be recognized for 30 English Miller (FL) Vitter Everett Miller (MI) Walden (OR) taxpayers were entitled to immediate minutes. Feeney Miller, Gary Walsh payments under the Jobs and Growth The Chair recognizes the gentleman Wamp Ferguson Moran (KS) Tax Relief Reconciliation Act of 2003. from Michigan (Mr. DINGELL). Flake Murphy Weldon (FL) Mr. DINGELL. Mr. Speaker, I yield Fletcher Musgrave Weldon (PA) b 2100 1 Foley Nethercutt Weller myself 5 ⁄2 minutes. Forbes Neugebauer Whitfield Two, the House conferees shall be in- Mr. Speaker, the motion is quite sim- Fossella Ney Wicker structed to include in the conference ple, and I would hope that my col- Franks (AZ) Northup Wilson (NM) report the provision of the Senate leagues on both sides of the aisle will Frelinghuysen Norwood Wilson (SC) Gallegly Nunes Wolf amendment, not included in the House support it. It simply states that the Garrett (NJ) Nussle Young (FL) amendment, that provides families of conferees should be instructed to re- military personnel serving in Iraq, Af- solve their difference on the electric NOT VOTING—23 ghanistan, and other combat zones a reliability provisions of the legislation Abercrombie DeGette Keller child tax credit based on earnings of Ackerman Gephardt Kucinich in the next week. Clay Janklow Meehan the individual serving in the combat This is not a difficult task. In fact, it Davis, Tom John Mollohan zone. is very simple. The language in both

VerDate jul 14 2003 06:10 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.093 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7923 the Senate and the House bills are very ability provisions would be to codify Petrochemical plants in my district similar, and we have reached tentative the NERC as the electric reliability or- are beginning to lay off workers and agreement on the outlines of the provi- ganization charged with setting reli- threatening to move their production sion in the last Congress. If we can ability standards and enforcing them to offshore facilities in other countries reach agreement quickly on this mat- through appropriate penalties and because we pay twice as much for nat- ter at this time as I expect, we can other actions. Since we are all in basic ural gas in America as we do anywhere bring a bill to the floor in a matter of agreement over the reliability provi- else in the world. days that contains these provisions and sions, all we need to do is to finalize Has anybody noticed the price at the have those provisions on the desk of the agreement and to bring them to pump lately? Have my colleagues no- the President for signature imme- the floor under suspension and then ticed the awful situation with gasoline diately. Then the conferees can turn to continue the conference on more con- prices? Do you think for a second that the more contentious matters in the troversial matters. the problem in the Northeast is just a legislation. As a conferee, I am prepared to do single, isolated problem in the whole The people of my district, as well as my part to work on all of these mat- energy situation our country faces? 50 million other Americans, were af- ters. I note that our chairman of last On the contrary, the situation in the fected by the August blackout, and year did an excellent job in developing Northeast is just one of many enor- they are looking to us for action to see the conference agreements in many mous problems in our energy market- that this does not occur again. They do areas, and I expect similar progress place. Also, as my colleagues might re- not want common sense answers to be this year. call exhibited was the awful situation delayed or held hostage as we debate There is no need to take the reli- of the California energy crisis just a unrelated controversial provisions that ability of our electric grid hostage to few years ago. have had the practical effect of killing other controversial provisions. Many of In this country we face the possi- this legislation for the last 8 or 9 years. the controversies are not of a partisan bility of huge natural gas price cost in- As I have said on other occasions, nature. For example, recently Repub- creases to consumers as winter ap- what we need to do today, and in this lican Senators and the administration proaches. We face the situation where conference, is to kill the snake closest announced an agreement on language low-income beneficiaries whom we are to us, and that is the question of the to stall regulations establishing stand- trying to help with LIHEAP funds may failure of our electric reliability sys- ard market design for utilities. not be able to pay their energy costs tem. I do not contend that the reli- While many of our colleagues in the this winter. We saw the price spikes in ability provision alone would have pre- House disagree, we will find that some gasoline. vented the August blackout. We are of the provisions could make problems To strip off one piece of this bill for still looking into the cause of the worse. Last year, when we failed to political expediency would not only be blackout, and just as it would be wrong reach agreement on the entire bill, we foolish, it would be disastrous. to suggest that the more controversial decided to pass the pipeline safety pro- The House and Senate have both fi- provisions in this bill would have pre- visions separately from the rest of the nally passed comprehensive energy vented the blackout, I can make no legislation, a good and a sensible ap- bills after a great deal of deliberation. such claims about these provisions. proach to a difficult problem. That bi- The Senate passed the bill they passed But the reliability provisions of this partisan, bicameral agreement was last year. We improved our product. bill will certainly do much good. And supported by both the industry and The conferees have just been named, in the hearings of the last two days be- public interest groups. and we have agreed to go to conference. fore the conference committee, they The reliability provisions also have have proven to be the kind of provi- broad appeal amongst the utility in- But my colleagues should know on sions that would do much to prevent dustry regulators and consumer advo- the day the Senate passed that bill by the kind of situation we saw last Au- cates. unanimous consent, our staffs and the gust 14. They are not in contention, nor I urge my colleagues to vote for this Senate committee and the House com- are they contentious. motion, and let the American people mittee began work immediately, con- Both President Clinton and President know that we will, we have, and we do forming the two bills. Bush have endorsed the proposals. And take important steps to prevent black- And now that the conferees are ap- Democrats like my colleague, the gen- outs while debating other issues. I urge pointed, we are going to bring in a con- tleman from Maryland (Mr. WYNN) and my colleagues to support the motion. ference report before the end of this Republicans have introduced these pro- Mr. Speaker, I reserve the balance of month and vote on it on this House posals. Unfortunately, each year they my time. floor. We are going to pass the com- have been caught up in larger elec- Mr. TAUZIN. Mr. Speaker, I yield prehensive energy title. tricity matters such as deregulation myself 5 minutes. It will include, by the way, all the and the repeal of the Public Utilities Mr. Speaker, I rise in the strongest improvements that have been rec- Holding Company Act, matters of in- opposition possible to this motion to ommended in the transmission grids tense controversy. We can get to these instruct. It is rather cleverly worded. following the New York and Northeast more controversial provisions later. It is cleverly worded because as we blackouts. Those improvements were But they are the same provisions as I would expect from someone as talented passed last April on this House floor have noted that prevented us from as my friend, the gentleman from and are contained in the comprehen- passing a comprehensive energy bill for Michigan (Mr. DINGELL), in parliamen- sive bill. 8 long years. tary terms it says separate this issue They include transmission incentives Let me explain briefly why these reli- from the rest of the energy bill and to build new transmission systems. ability provisions are important. Fol- pass this issue, leaving to limbo, per- They include new provisions on siting lowing the blackouts of 1965, the elec- haps, the rest of the comprehensive en- to make sure the Federal Government tric industry established the North ergy bill. is involved in interstate siting of trans- American Electric Reliability Council, It does precisely what we should mission lines so States cannot block NERC, to establish reliability stand- never do and that is to ignore the fact interstate improvements to trans- ards for the operation of the electricity that the blackout is just part of an mission facilities. It will eliminate the grid. These are voluntary standards awful energy situation that exists in artificial barriers to the new invest- and, unfortunately, they are not al- this country. Oh, yeah, we just had a ment grid called the Public Utility ways followed as we have found out in big blackout in the Northeast, but do Holding Company Act. It will change the hearings yesterday and today. not forget that just recently Alan the transmission tax treatment to cre- According to NERC, last year there Greenspan made four or five trips to ate more favorable tax treatments to were over 500 violations of the rules this Hill to warn us of a natural gas encourage people to invest in improve- that could have been subject to some $9 crisis facing this country this winter. ments in transmission grids so we do million in fines had they been author- We are paying twice as much for nat- not have the problems we saw in Cali- ized. The practical effect of the reli- ural gas as we did this time last year. fornia and now in the Northeast.

VerDate jul 14 2003 06:10 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.169 H04PT1 H7924 CONGRESSIONAL RECORD — HOUSE September 4, 2003 We passed, in this comprehensive en- days is everybody pointing their fin- That was a wonderful speech, but ergy bill, massive improvements in en- gers at everybody else and everyone what was not very clear and should be ergy efficiency and conservation all de- saying it is not my fault. These are not made clear is that enforceable reli- signed to help reliability of our sys- my words. Witnesses, including Sec- ability standards are in the House bill tems. Do my colleagues want to throw retary of Energy Spencer Abraham, that was passed in this House 254 to those away tonight? Governors Granholm of Michigan and 175, with 40 Democrat votes joining us Of course, H.R. 6 addresses all the ur- Taft of Ohio, to State public service and we passed it. It is in the Senate gent needs of the energy sector by in- commissioners and operators of the re- bill. It is already in the conference. We creasing the production of oil and gas gional transmission organizations and passed it last April. and other energy resources, particu- electric power generators and trans- Secondly, I want to remind my friend larly renewables, by dramatically in- mission companies all agreed. We need this is not the end of the conference. creasing LIHEAP funding, by making some mandatory reliability standards, This is the first year of a 2-year Con- significant investments in energy re- what we have in this motion to in- gress. We are going to get this bill done search and development including the struct. in the next few weeks. President’s Freedom Car Initiative. The present system of voluntary Mr. Speaker, I yield 1 minute to the Mr. Speaker, my committee has just standards does not provide enough as- gentleman from New Hampshire (Mr. conducted two very full days of hear- surance of reliability. BASS), my friend, a great gentleman ings on the August blackouts. With the The House bill, H.R. 6, allows the from the Northeast, who knows a lot testimony from nearly 30 witnesses North American Electric Reliability about energy because he is on the Com- working with our Secretary of Energy, Council, NERC as we call it, to set and mittee on Energy and Commerce. Mr. Abraham, and others, we will get enforce mandatory standards for co- Mr. BASS. Mr. Speaker, I rise in op- to the bottom of what happened just a operation among utilities. No enforce- position to the motion to instruct. few weeks ago. But the overwhelming ment, no fines, no penalties if they vio- Clearly the Northeast is deeply af- message I got from those hearings is late these standards. NERC is a vol- fected by this blackout, and there are that abundant, reliable energy sources untary compliance, not mandatory. provisions in the energy bill that is are the lifeline of our economy. NERC was created after the massive currently in conference that need to be If we walk away from all the policy 1965 blackout when Congress, and I was included and will be included. We have improvements that this bill provides, not here then, but Congress back then had 2 days of hearings and there has we will be turning our backs on the said this should never happen again. So been one clear message, and that is, if people of this country, our economy, they created NERC. Measures taken there is any message, that we need and a reliable and secure energy future then have not been enough to prevent mandatory reliability standards, and for this country. the disastrous consequences that af- as the Chairman just said, they are in So I urge my colleagues to defeat fected more than 50 million people on the energy bill. this motion to instruct. While it is not August 14th with the August blackout. What is going on now is an effort to binding, it is a wrong signal. It needs In Michigan alone there were more totally eviscerate the energy bill in the to be defeated tonight. than $20 million in losses to public en- name of this one particular provision. tities, 70 manufacturing plants that Mr. Speaker, I reserve the balance of I voted against the energy bill on the had to shut down and more than $1 bil- my time. floor of the House, but there have been lion in expected losses to business Mr. DINGELL. Mr. Speaker, I yield 4 changes worked on and made in con- when it is all totaled up. minutes to the distinguished gen- ference that may make this bill consid- There are genuine and serious dif- tleman from Michigan (Mr. STUPAK). erably more attractive to Members ferences about other provisions in the Mr. STUPAK. Mr. Speaker, I thank like me, and I think it is mistaken, House and Senate energy bills that the gentleman from Michigan for yield- premature, and misguided to vote for a have to be worked out in the con- ing time. motion that entirely eviscerates this ference. There is little dispute about Mr. Speaker, I rise in support of the effort to develop a national energy the need for mandatory reliability motion to instruct conferees offered by strategy in the name of preserving a standards for the aging electricity my friend and colleague the gentleman provision that is already in the bill. transmission grid in our country. from Michigan (Mr. DINGELL). This is not the time for this motion. The motion to instruct, this motion As the distinguished chairman of the Vote it down. Committee on Energy and Commerce by the gentleman from Michigan (Mr. Mr. DINGELL. Mr. Speaker, I yield 4 has stated, for the past two days, we DINGELL), joined by many of us on this minutes to the distinguished gen- sat in hearings on the full Committee side of the aisle, will ensure that elec- tleman from Maryland (Mr. WYNN). on Energy and Commerce on the rea- tricity reliability is not held hostage Mr. WYNN. Mr. Speaker, let me sons for the blackout that paralyzed a to what may be a long, drawn-out proc- begin by thanking my colleague, the huge portion of the Northeast and the ess on the energy bill as a whole. distinguished ranking member from upper Midwest including my home In the last 2 years, this House has Michigan, for allowing me this time. State of Michigan. passed comprehensive energy legisla- tion. It has never made it to the con- I rise in strong support of the motion b 2115 ference. It has never been passed by the to instruct conferees on the energy One thing that witnesses in those Senate. We do not want a situation bill. This motion instructs the con- hearings agree on is that there must be where once again this goes to a con- ferees to promptly agree on a measure mandatory reliability standards for the ference and it dies as we adjourn for to provide mandatory electricity reli- transmission grid in this country with the year. We have this aged electrical ability standards that would help avert some real enforcement authority. transmission power grid out there. Ev- the type of widespread blackout we The distinguished chairman talked eryone talks about a way we can im- just saw in August. about this may be a political expedient prove it. Right now we have to talk Very interesting, my colleague just bill or motion. The gentleman from about how can we get some reliability used the term eviscerate the energy Michigan (Mr. DINGELL) has had this into it right now. bill. We are not trying to eviscerate bill for close to 8 years. For 8 years we All the incentives in H.R. 6, all the the energy bill. What we are saying is have been trying to get reliability, things that are put forth in H.R. 6 will simply this: There are provisions that mandatory reliability standards with not take place for years. Let us put we agree on, Democrats and Repub- real enforcement. some reliability into the system now. licans, and that is that we need manda- Every witness we heard, every wit- This motion to instruct will do that. tory reliability standards. If we agree ness we heard agreed with the Dingell Let us not hold reliable energy hostage on both of these on this issue, why not motion, that we have to have manda- in the conference report. Vote yes on pass it? Why not do what is doable? tory reliability standards, there has to the motion to instruct. That is not to say that we should not be accountability and who is respon- Mr. TAUZIN. Mr. Speaker, I yield discuss a comprehensive bill. It is not sible. What we have seen for the last 2 myself 30 seconds. to say we should not try to reach a

VerDate jul 14 2003 06:10 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.170 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7925 comprehensive bill on drilling in Alas- compatible transmission monitoring ers. The price to dry corn has doubled, ka, on natural gas, on alternative en- system over interconnected regions can and it is disastrous for the agriculture ergy sources, but the issue is that the help contain the problems we have ex- community. blackout in the Northeast had nothing perienced recently. Do we want to continue to be reliant to do with ANWR, nothing to do with Finally, mandatory reliability stand- on foreign imported fossil fuel? The an- Alaska. It had nothing to do with nat- ards would provide the Federal Govern- swer is no. I spoke in the hearings. I ural gas prices. It has nothing to do ment with the tools to sanction compa- said this reliability issue is a Band-Aid. with solar energy and alternative en- nies that do not comply with reli- We need more than a Band-Aid. We ergy. It had to do with problems with ability standards. This language in the need a healing. We need structural re- our electricity grid. Burr-Wynn bill and the Dingell reli- form and a national energy plan. That If there are measures that we can ability bill would accomplish these is why any attempt to do anything take, and this is not the final measure, goals. other than this is really an attempt to but if there are measures we can take As we are moving toward a con- kill a national energy bill. That is now to address this problem, I think we ference, if we can agree on a com- what it is. That is what we have identi- ought to do it. prehensive bill, I certainly will be sup- fied, and Illinois cannot afford not to Currently, we do not have an elec- portive of that; but if we cannot, I sub- move on coal generation, transmission, tricity grid that meets the require- mit that we should do that which is ethanol, nuclear power, a transmission ments of a 21st century economy. In within our grasp immediately to ad- grid, and any other attempt to split fact, our electricity grid is overbur- dress a problem that is confronting this bill apart and not move now is an dened, outdated and underfunded. this country, and that is, we need man- attempt to kill the bill. It is critical that Congress focus on datory reliability standards now. There I thank the Chairman for the time. reliability standards for the national is agreement. We ought to act on it. I Mr. DINGELL. Mr. Speaker, I reserve electricity grid. In fact, today we had a urge the adoption of the instructions the balance of my time. panel testify, an industry panel testify to the conferees. Mr. TAUZIN. Mr. Speaker, I am before the Committee on Energy and Mr. TAUZIN. Mr. Speaker, I am pleased to yield 2 minutes to the gen- Commerce, and that panel said unani- pleased to yield 3 minutes to the gen- tleman from California (Mr. POMBO), mously we need mandatory reliability tleman from Illinois (Mr. SHIMKUS), a the distinguished chairman of the Com- standards to avoid the kinds of prob- distinguished member of our Com- mittee on Resources of the House of lems we have experienced. mittee on Energy and Commerce, who Representatives. Yesterday, my colleague, the gen- is also a lieutenant colonel. Mr. POMBO. Mr. Speaker, I thank tleman from Michigan (Mr. DINGELL) Mr. SHIMKUS. Mr. Speaker, I thank the chairman for yielding me the time. introduced legislation to provide for the chairman for this time. It is interesting to listen to this de- mandatory reliability standards, but I I sat in 2 days of hearings, too, and I bate here tonight, and some of what would note and emphasize that this ap- would agree that most all of the panels my colleague was saying earlier I agree proach has bipartisan appeal. said we need mandatory reliability with; that in terms of the blackout Earlier this year, several months standards, but 99 percent of them said that they had in the Northeast, it had prior to the blackout, the gentleman we also need an empowered FERC. very little to do, if anything, to do from North Carolina (Mr. BURR) from They also said we needed the ability to with the other parts of the bill, and I the Republican side and myself intro- site. Even the Governors from Ohio and agree with him on that. But when we duced H.R. 1370, an interstate trans- Michigan said if the States cannot get got into this process several years ago, mission act, which also requires man- engaged in the siting of transmission the reason that we did was because we datory electricity reliability stand- after a date certain, we need a Federal had so many challenges in terms of de- ards. authority to site transmission power, livering a reliable source of energy for We need an electric reliability orga- and they all said that. They also said the people in this country that we had nization with Federal Energy Regu- there has to be a return on the invest- so many different things that we had latory Commission oversight. This ment so that capital will flow to the to take on. would facilitate the development and grid. Yes, they said mandatory reli- We had a problem with reliability enforcement of mandatory reliability ability standards, but they said much, and ability to deliver natural gas at an rules and standards that are binding on much more, and that is why I oppose affordable price to our constituents, all electric companies and market par- this motion. and that is one part of the bill. We had ticipants. What has been the biggest concern on problems with gaining access for power These standards would include, first electricity in the last couple of years? lines and gas lines across public lands, of all, technical standards relating to It is an issue that is because of a con- and that is one part of the bill. We the maintenance and operation of elec- strained grid, because we need to ex- have a problem with an overdependence trical systems; performance standards pand the grid. Whether it is market on foreign sources for our energy in for electrical systems; and prepared- manipulation, because of supply and this country, and that is a part of the ness standards related to the ability of demand issues in California, if they had bill. All of the different parts of the en- those managing the electrical system an expanded grid that would not have ergy bill, as they moved through the to respond to anomalies or unexpected been a problem. If it bottlenecks in the Committee on Resources and the Com- events on the grid. Northeast, they call it a cascade, and a mittee on Energy and Commerce, were For example, we must require work- power outage. If we would have had an all about trying to deal with all of ing and compatible hardware that mon- expanded grid, that probably would not these definite challenges and all of itors our transmission systems for have been a problem. these problems and trying to come up faults and disturbances in order to con- Illinois needs a national energy plan. with a way in a balanced approach to tain problems and keep electrical sys- We need an expanded grid. We need to deal with those problems. tems up and running. These monitoring have our coal mines reopened and elec- Electricity is one problem and that is systems should, at selected switch tricity generation. We need to keep our part of the bigger balanced energy yards and substations, include the in- marginal oil wells open. We need to package that passed this House for the stallation of dynamic disturbance re- make sure that we decrease our reli- second time this last April, and hope- cording equipment and fault recorders ance on foreign oil by enacting an eth- fully when going into conference it is to provide data that would enable the anol standard, 5 billion renewable fuel something that we can gain bipartisan verification of power flow and provide standard for ethanol. support on, as we had in the House, and warnings of a disturbance in the bulk The Speaker and the chairman en- move it quickly through and begin to power system. acted a natural gas task force. Why? address all of these different problems. Importantly, these monitoring sys- We are doubling demand for natural tems must be compatible so that we gas, and we are not doing anything on b 2130 can report and analyze disturbances in the supply end. So producers are stop- It appears to me that because of the the system quickly and concisely. A ping to produce fertilizer for our farm- blackout we are now using that as an

VerDate jul 14 2003 06:10 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.172 H04PT1 H7926 CONGRESSIONAL RECORD — HOUSE September 4, 2003 excuse not to do all of the other things. people more secure. And the further transparency requirements that re- How else are we going to deal with the good news is that this is not bad news, quire increased FERC enforcement au- natural gas crisis that has developed in this is good news; that there is a broad thority to prevent anticompetitive this country? The lack of an affordable, consensus around what to do. So let us practices in electricity markets? Why reliable supply of natural gas is a very do it. would we not deal with that? Is there real problem. And in a couple of I do not find compelling at all that controversy over that? No, but there is months, when we hit the wintertime this is not the total answer to every- no crisis at the moment. There was in and everybody is using natural gas, the thing; that we have to worry about gas 2001 in the West, when we had rolling constituents are going to be screaming prices; that we have to worry about brownouts and blackouts in California about that, and we have to address gasoline prices. Yes, we do. But we are and prices through the roof. Why do we that. facing a crisis that could cripple us not solve that here? Why would we Now, this bill does not solve all the right now. So let us do it. This is a walk away? Because the crisis is be- problems, but it does go a long way in simple, noncontroversial, constructive hind us? I do not think that makes terms of dealing with all of these chal- solution. And it does not mean that we sense. lenges that have built up because this have to deal with what we know to be What we found after our blackouts in country has not had an energy policy controversial issues. Drilling in the 1996 and after 2001 is that the grid need- for so many years. It is hard to do. It Alaska wilderness is not going to pre- ed investment and improvement. We is difficult to put all this together in a vent the kind of blackouts that can came to the Congress, those from the package, but it is something that this cripple our country. So why not deal Northwest, and we came to the Presi- country desperately needs. Electricity with something clear and simple and dent, and the President agreed and the is part of it, natural gas is part of it, constructive right now? Congress agreed to give Bonneville ad- access and right-of-way issues are part So I would urge my colleagues to put ditional borrowing authority so we of it, and production is part of it. Pro- aside what may be very partisan dif- could begin constructing the additions duction has to be part of supplying for ferences on things that we cannot that were needed in our grid. We need- our future. agree on. We will deal with those. I am ed to invest. That has been done. So I do believe that this is an ex- convinced that we can come to an That is what is needed around the tremely important bill. Unfortunately, agreement on those, and, yes, separate country; and this legislation, H.R. 6, I will have to oppose the Dingell mo- out now that which we can deal with has provisions in it both to encourage tion to instruct conferees. that may avert a catastrophe that research and development of new tech- Mr. DINGELL. Mr. Speaker, I yield 4 could cripple our Nation, jeopardize nology to make the wires more capable minutes to the distinguished gentle- our security, and the health of our peo- of transmitting more power as well as woman from Illinois (Ms. ple. I urge a ‘‘yes’’ vote on the motion incentives to help expand the grid so it to instruct that the gentleman from SCHAKOWSKY). has the capacity to carry the power Michigan (Mr. DINGELL) has offered. Ms. SCHAKOWSKY. Mr. Speaker, I where it is needed when it is needed. Mr. TAUZIN. Mr. Speaker, I am rise in strong support of the motion to Those provisions, if this motion were pleased to yield 3 minutes to the gen- instruct conferees offered by the distin- to prevail and be followed by the com- tleman from Oregon (Mr. WALDEN), a guished gentleman from Michigan. The mittee, would all be stricken. All we gentleman is not only well suited to distinguished member of the Com- mittee on Energy and Commerce from would deal with is the reliability offer this motion because of his posi- standards, and that does not make tion as the ranking Democrat on the the Northwest. Mr. WALDEN of Oregon. Mr. Speak- sense to me. Committee on Energy and Commerce; er, I thank the gentleman for yielding There are many other provisions in but in addition, his district was one of me this time. I find the gentlewoman’s this bill to help in natural gas, to help those most affected by the August 14 comments disturbing for this reason. with domestic production of oil that we blackout. What we really heard her say, and what should deal with. They are separate, On August 14 I was in Israel watching we are hearing on this motion is, we yes. They are getting domestic oil pro- CNN International very late at night are only going to deal with something duction up and domestic gas produc- when the first blackout was an- when it is a crisis. And that is all we tion up and gas and oil where we need nounced. And as one city after another are going to deal with is what is the it and when we need it to keep prices in was mentioned as being affected and crisis of the moment. That is a poor check. Those are important. And, no, thousands and thousands more people way to do public policy. they are not related to the blackout. Of were being affected, my first thought, In fact, when the other side of the course not. But they are related when and I am sure that is true of many aisle had the opportunity to offer an you pull up to the pump and pay $2.10 Americans, was, oh no, this feels like it alternative to the energy bill, they did per gallon, or when you turn on your was another terrorist attack. And not include these reliability standards heater or your hot water tank and you while I was relieved, as many people in the opportunity that was offered in are paying $3, $4, $6, and $7 for natural were, of course, to find out that that the committee, nor the second time gas. was not the case, I was not really com- when it was offered on the floor, nor We need to deal with energy policy forted then or now. the third time when they offered an al- for this country in a comprehensive Life as we know it virtually stops ternative on the motion to recommit. and thorough manner. This legislation when we have this kind of catastrophic So three chances, and then their lights does that. I ask my colleagues to vote event. Life stops as we know it when went out. Now we have a crisis, and against the motion to instruct. the power goes out. Commerce and in- now this is all we are going to deal Mr. DINGELL. Mr. Speaker, I reserve dustry stop, elevators stop, subways with, when it was not something they the balance of my time. stop, home respirators stop, water from wanted to deal with in the bill to begin Mr. TAUZIN. Mr. Speaker, may I in- the tap stopped in many places. And with from their side. quire how much time remains on both though Americans rose to the occasion, Why would we jettison additional sides? the vulnerability of our entire econ- funding for LIHEAP when we know The SPEAKER pro tempore (Mr. omy, our health and our safety was that natural gas prices are going LAHOOD). The gentleman from Lou- made devastatingly clear to each and through the roof and the poorest isiana (Mr. TAUZIN) has 151⁄2 minutes every one of us. It became clear that among us are going to have trouble remaining, and the gentleman from our very national security is now de- paying their heating bills this winter? Michigan (Mr. DINGELL) has 13 minutes pending on an unreliable electricity Are we going to wait for a crisis then remaining. grid. deal with LIHEAP then, when we can Mr. TAUZIN. Mr. Speaker, I yield 3 Now, that is the bad news. The good deal with it here in this bill? If this minutes to the distinguished gen- news is that even before we know ex- motion to instruct were held, we would tleman from Indiana (Mr. BUYER), a actly every detail on how it happened, not be dealing with it. member of our committee. there are steps that we can take to Why would we get rid of the provi- Mr. BUYER. Mr. Speaker, I cannot make our system more reliable and our sions in this bill that deal with market support the motion to instruct offered

VerDate jul 14 2003 06:10 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.174 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7927 by the gentleman from Michigan (Mr. There are utility companies that are that is what is happening. I hope the DINGELL) because I am not going to undercapitalized. This bill gives those American people are paying attention. permit politics to override substance. incentives to do things smartly with We ought to accept this amendment. The gentleman from Oregon (Mr. WAL- regard to our infrastructure, not only We ought to get on with separating DEN) was correct that when the gen- by trying to bring transparency to the this issue out, passing it here in the tleman had an opportunity during the grid but on how we move and distribute House, encouraging the conference to committee when he offered a substitute that power. Very important. proceed with their work. that he did not bring up this issue. So I hope that Chairman TAUZIN, as We are not encouraging the con- When it came to the House floor on the he goes to that conference, that he is ference to jettison any part of the en- motion to recommit, the gentleman’s able to address the issues on natural ergy bill at this point. We are simply recommittal motion addressed hydro- gas and the other issue dealing with asking for a reasonable action on the power, not mandatory reliability the discussion today at his hearing on part of this House. I support this bill. standards. And as a matter of fact, the need for interconnection standards We need a stand-alone piece of legisla- many of the Democrats did not support on distributed energy. tion that deals with reliability. August this bill in committee and did not sup- So, Mr. Speaker, I have to oppose the 14 happened. Lives were in jeopardy, port the bill on the floor. But now, motion of the gentleman from Michi- economies were injured, and we can fix when we go through a blackout, all of gan. this problem. a sudden we need to pull this out of the Mr. DINGELL. Mr. Speaker, I yield 4 Mr. Speaker, I ask the gentleman national energy bill and pass this? No, minutes to the distinguished gen- from Louisiana (Mr. TAUZIN) to recon- I do not believe we can permit politics tleman from Ohio (Mr. STRICKLAND). sider his position and accept this to override substance. Mr. STRICKLAND. Mr. Speaker, the amendment for the merit it deserves, H.R. 6 is an extremely important bill fact is that if the efforts of the gen- and let us move forward. Mr. TAUZIN. Mr. Speaker, I yield 3 that the gentleman from Louisiana tleman from Michigan (Mr. DINGELL) minutes to the gentleman from Ari- (Mr. TAUZIN) has spent a lot of time on. had been successful in years past, it is The national energy bill is about a na- very possible that August 16 would not zona (Mr. SHADEGG), a distinguished tional energy policy. And the United have happened. It is a simple fact, and member of our committee. Mr. SHADEGG. Mr. Speaker, I rise in States, as the sole remaining super- I want my colleagues to listen to this, opposition to the motion to instruct. power, needs a broad-based and diversi- the American people are watching, The reality is that the motion to in- fied portfolio with regard to our energy that if we reject this amendment, they struct will in fact stop all of the other sources. So it is about coal, and we have a right to know who is responsible reforms in this bill, in H.R. 6, that we need to make an investments in clean if a blackout occurs next year and we have worked on so hard through the coal technology. It is about oil. Yes, we have not yet taken action on this years to get to this point and focus the have our imports, but we have to also measure. entire issue on reliability. That might do domestic drilling, exploration and Now, I listened to my colleague from be important if we had reached a point drilling. It is about natural gas. Boy, Illinois, and he is a good friend of mine, where the conference was not resolving have we messed this one up. I respect him a lot, and he talked about the issues. If this conference had met The Democrats controlled Congress a lot of things. He talked about eth- for months and had not been able to re- in 1990 when they passed the Clean Air anol. He talked about coal and natural solve the other provisions in the bill, Act. They want us to move from coal- gas. And he talked about nuclear en- perhaps we would have to say we have powered generation to natural gas, and ergy and about renewables. And I sup- to focus on one issue that we can pass. at the same time they passed these port all of these things. We all do. But But the conference committee has not laws to lock up the lands. We cannot the fact is that some of the provisions even met yet. gain access to natural gas, whether it regarding these aspects of the energy I want to comment on another issue is off the Eastern Shore, whether it is bill are controversial. of this debate. The point here is what out of the gulf, whether it is off the Pa- Now, our chairman says that this re- we are being urged to do is to focus cific or in the western States or in liability provision is in the energy bill. only on reliability because that is the Alaska. So we move to a demand for It is. But does he actually believe that crisis of the moment. Again as the gen- the increased utilization of natural gas that bill is going to get through the tleman from Oregon (Mr. WALDEN) and at the same time cut off access to Senate and be sent to the President pointed out, if we only legislate on the natural gas. And people wonder why and be signed into law? I think that is emergency of the moment, that is a there is a natural gas shortage. Con- very questionable. It has not happened poor way to construct public policy, gress created it. in the recent past. We have a responsi- and it is the way to create the precise This bill addresses that. There are bility to do what we can do, and what kind of circumstance that led to the also issues on nuclear power. The Fed- we can do is agree on reliability stand- blackout we just experienced. The re- eral Government has not even author- ards. ality is it requires forethought, and the ized a permit to build a nuclear facility Now, others of my Republican col- reality is reliability is a problem, but in over 20 years. There is more com- leagues implied that somehow this ef- it is not the only problem. puting power in our automobiles than fort was an attempt to dismantle the If this legislation did not include re- what was in the Apollo mission to the energy bill, to jettison, that word was liability provisions, perhaps it would Moon. We can do much better today. used, to jettison provisions or to dis- make some sense to focus on that The issues also deal with renewables, mantle provisions. Quite to the con- issue; but no one here, no one is argu- whether it is in wind or solar or hydro- trary. All we are trying to do is to sep- ing that we should not deal with reli- gen or fuel cell technologies. This bill arate from the larger energy bill this ability. Indeed, the bill does deal with is comprehensive. We should not go and portion that we can agree on and that reliability. What is being argued is if try to pick and choose, pull something we can actually pass and have signed we adopt this motion to instruct, we out of the bill and then turn to the into law and give the American people drop everything else. American people as if we have done some confidence that this Chamber has Well, I have a flash for my colleagues something. There is an electrification the ability to do something that they on the other side: In Arizona the crisis portion of this bill. My Democrat col- need to have done. is not a blackout. That blackout did leagues on the committee did not like not strike my State. The crisis in my that this was part of the bill. I think it b 2145 State of Arizona is gasoline. We had was pretty smart that the gentleman Mr. Speaker, that is all we are asking gasoline prices spike 2 weeks ago in Ar- from Louisiana (Mr. TAUZIN) made this for. Now I believe that they are at- izona to over $3.99 a gallon. We had part of that bill. Very telling. tempting to take this provision that is people sitting in lines to buy gasoline We said the power grid was frail and popular, that is well established as a because they could not get gasoline be- outdated, and guess what happened? need, and use it to try to accomplish cause a pipeline broke. Congress was not the Nostradamus, be- something in the energy bill that they There are other issues involved in the cause we knew this grid was outdated. cannot accomplish without it. I think energy issue than simply reliability,

VerDate jul 14 2003 06:10 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.176 H04PT1 H7928 CONGRESSIONAL RECORD — HOUSE September 4, 2003 and my constituents in Arizona abso- to handle it. Why? Because we have not did, we would not even solve the prob- lutely do not want us at this early had a good energy policy. The problem lem of the blackout that happened on stage in the process to throw out all of is going to get worse if all projections August 14 in the Northeast, because if the important reforms in the legisla- are correct, and simply passing reli- we only do reliability standards and we tion. They are concerned about the ability standards will not correct it. do nothing else structurally in elec- natural gas shortage, and they are We need to solve the problem. We tricity, you can have all of the manda- happy that H.R. 6 will encourage nat- need the things that are in H.R. 6. We tory standards that you want and if ural gas supplies. They recognize that need conservation to take some of the you flip that switch and there is no we are more and more reliant upon load off the grid. We need to encourage electricity to go through that switch, natural gas. Indeed, many more new as a country renewable fuels. That is the lights are not going to come on. natural gas plants have been built in also part of H.R. 6. We need to increase The only way, even if we have man- Arizona, and more and more of our en- our energy supply. If we do not in- datory enforceable reliability stand- ergy is coming from natural gas. We crease the supply to keep our economy ards, that we are really going to pre- had better do something about the pro- growing, to keep jobs, we can post reli- vent the kind of problem that happened duction of natural gas. That would be ability standards on every wall in on August 14 is if we do a comprehen- thrown out with this motion to in- America and people will have a lot of sive energy bill, which we did on this struct. time to read them because they are not floor I believe on April 9 of this year, My colleagues are deeply concerned going to have any energy to have jobs. where we did address the natural gas about renewable fuels and improving We need the provisions in H.R. 6, reli- issue. We did address the oil issue and energy conservation. They want to pro- ability standards, conservation, renew- the gasoline issue. We did address the mote renewable energy and alternative able fuels and increased supply. For hydrogen fuel initiative and clean coal technology. We did address hydro li- energy. They do not want that thrown that reason we ought to vote no on the censing reform, and we did address a out. motion to instruct. One of the interesting things in this Mr. TAUZIN. Mr. Speaker, I am de- comprehensive electricity title that debate is that it was hydropower that lighted and honored to yield 5 minutes does include mandatory standards for reliability, that does include an RTO enabled the blackout to end in less to the gentleman from Texas (Mr. BAR- policy, that does include a Federal time than it otherwise would have. If TON), a subcommittee chairman, and backstop for siting and does include in- we focus solely on reliability issues, we one of the principal architects of this centives to build and operate new will throw out the important provi- comprehensive energy plan we are try- transmission. I could on and on. sions in this legislation that deal with ing to save tonight. There is nothing wrong with the gen- (Mr. BARTON of Texas asked and hydropower. It simply is pennywise and tleman from Michigan’s motion to in- was given permission to revise and ex- pound foolish not to deal with a com- struct conferees to do reliability. We tend his remarks.) prehensive energy bill. I urge my col- have done it. We did it on April 9, but Mr. BARTON of Texas. Mr. Speaker, leagues to reject the motion to in- we need to do more than that. We need natural gas prices at the wellhead are struct. a comprehensive energy bill that is in- over $5 or approaching $5 a thousand Mr. DINGELL. Mr. Speaker, I reserve tegrated and interconnected. The cubic feet. The motion to instruct by the balance of my time. House has passed it on a bipartisan Mr. TAUZIN. Mr. Speaker, I yield 3 the gentleman from Michigan (Mr. DIN- basis. We are going to nominate con- minutes to the gentleman from Ohio GELL) does absolutely nothing about ferees to go to conference with the Sen- (Mr. GILLMOR). that problem. Gasoline prices are aver- ate. Mr. GILLMOR. Mr. Speaker, I thank aging $1.50 a gallon all over the coun- As the chairman of the full com- the gentleman for yielding me this try, and in some parts they are over $2 mittee has so aptly pointed out, we can time, and I rise in opposition to the a gallon. The motion to instruct does have a comprehensive energy bill con- motion to instruct. nothing about that. ference report back before this body The gentleman from Michigan and I The President’s hydrogen fuel cell and the other body by the end of this agree on having reliability standards. initiative, which we all applauded when month if we work together in a good- We both represent districts affected by the President was before us during the faith, bipartisan fashion. I invite the the blackout; but the need for reli- State of the Union and which I know gentleman from Michigan (Mr. DIN- ability standards is why we already in- the gentleman from Michigan (Mr. DIN- GELL) to do that. I am sure he will be cluded language in both the House and GELL) supports, there is nothing in the a conferee. And let us be sure that we Senate versions of the bill passed ear- motion to instruct that does anything do not just do a little bit that does not lier this year. A reliability provision is about that. really solve the problem. Let us do a not a substitute for a robust energy Many of my friends on the minority comprehensive bill that solves the package that we urgently need to ad- side of the aisle very strongly support problem. To quote a famous sports dress fundamental infrastructure pro- an R&D clean coal technology program shoemaker, let us just do it. Let us just duction and conservation issues that in the bill which passed the House last do it. Do it right, do it now, do it to- are critical to our Nation’s energy se- April. There is nothing to instruct con- gether. curity. ferees on that particular issue. Mr. TAUZIN. Mr. Speaker, I yield I think it is interesting as we go Everybody I know of is for hydro- myself the balance of my time to close. through this process, after the black- power and hydro reforms in the House- Mr. Speaker, it was February 2001 out many of the same people who are passed bill awaiting conference with that I was honored to assume the role saying the only thing we ought to the Senate. There is nothing in the of chairman of the Committee on En- focus on are reliability standards are gentleman’s motion to instruct about ergy and Commerce of this great exactly the same people that before the hydro licensing reform. House. It was in August of that same blackout, when it was important, voted If we only want to focus on elec- year that our Committee on Energy against legislation that had reliability tricity, the gentleman’s motion on reli- and Commerce, together with the Com- standards in it. But just passing reli- ability standards does not say any- mittee on Ways and Means, Committee ability standards would not have pre- thing at all about the need for a re- on Resources, Committee on Science, vented the blackout of August 14. gional transmission organizational pol- numerous committees of this body, There was a lot more to it than that. icy, does not do anything at all for helped to report to the floor a com- We have to look at what has been siting authority which is desperately prehensive energy bill for our country happening in energy, in electricity in needed, does not do anything at all to following the disaster in California, the last few decades. Electrical use has create any new incentives to build and recognizing the disasters to come in been growing significantly and stead- operate transmission. the Northeast. It took the Senate al- ily, and it has been growing at a faster In fact, if all we did was pass the reli- most 2 years to finally pass their rate than transmission capacity. We ability provisions the gentleman from version at the end of the conference are putting more and more power into Michigan (Mr. DINGELL) has put before when it was too late to finish the con- an older grid that is less and less able the body this evening, if that is all we ference report.

VerDate jul 14 2003 06:10 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.177 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7929 This year in this Congress, this sive energy bill now for about 8 years. Senate, and sending them to the Presi- House had the wisdom to pass this bill I have listened to my colleagues on the dent so that he may sign them and as early as April of the first year of the other side promise us that we would Americans may understand that we Congress, and the Senate in just 7 short have a bill on the floor in 2 weeks, or will have a decent program for the pro- months has passed their version and we would have a bill passed by the end tection of the American consuming now joins us tonight in a conference to of the session. None of those promises public and American industry with re- finish the work. have been good. We are still grappling gard to reliability of electrical service. There is no difference in view be- b 2200 around with a piece of legislation. The Senate, it could not pass a bill, so they tween me and my good friend, the Many, many votes have gone by since took the bill that they had passed last chairman of the committee, about August of 2001. In fact, prior to that in year and they passed it and they went whether or not we ought to go forward committee, many votes were taken. I to conference. The Member of the Sen- with a comprehensive energy bill. This find it strange that on the night we fi- ate who says he will be the senior can be done at the same time. But we nally appoint the conferees to finish Member of the Senate body considering can speedily move forward the question this awesome task, on this night, my this legislation says they are going to of reliability and afford Americans the friend, the gentleman from Michigan, write the bill in conference. comfort, the safety and the security of who was the main opponent of the com- What bill are they going to write? I that step by providing assured safety prehensive energy bill on the floor do not know. But I have written sev- for them in their electric utility serv- when we brought it here in April of eral large energy bills, and I would ice. this year, brings this motion to take note to my colleagues that the time of What all is involved in this com- one small piece of that bill and to the writing of these, including the time prehensive energy bill? Clean air and leave, in fact, the rest behind. That is in conference, was somewhere between clear skies are now going to be put in the game. 18 months and 2 years, the full period in the conference, we hear, a matter Is it a coincidence that every person of a session in the Congress and the which is neither germane nor is it who spoke on the other side voted second session besides. within the new matter rule. They are against the comprehensive energy bill I would remind my colleagues that going to talk about drilling in the Arc- when we brought it to the floor? I do what happened in this country on Au- tic Wildlife Refuge, a matter which has not think so. I think this is an effort to gust 14 was we had the biggest black- triggered filibusters in the Senate; tax help derail the final passage of that out that we have had, one of three credits for oil and gas and matters of great bill. We are not going to let them which have affected major areas of the that kind; repeal of the Public Utility get away with that because this coun- country, but a number of others which Holding Company Act; renewable fuels; try cannot do without this comprehen- have affected smaller regions such as royalty relief for people in the energy sive energy bill. It is critical for this parts of the Midwest and the Far West production business; funding for eth- country. and the Northwest, areas which sup- anol; MTBE liability relief, an ex- We had 13 recorded votes on the floor posedly were rich in electric power. tremely controversial question; global tonight. Thirteen times we came to We are not trying to foreclose the warming on which the Senate voted 95 this floor and we put our card into the consideration of all of the items in this to nothing against, fuel efficiency in electronic voting machine and we made overall comprehensive energy bill that automobiles; and scores of other ques- a decision for this country. We are two my Republican colleagues want, but we tions. votes away on the floor of this House want to pass a bill which will address Those are matters which will take and in the other body, one in this the most immediate and serious energy much time in conference. These are not House, one in the other body, we are problem which this country confronts matters which can be addressed easily two votes away from finishing the and that is the problem of blackouts and which can be on the floor in 2 most comprehensive energy package to and shutdowns of electrical utility weeks as my good friend the chairman help this country on its way again than service to the consumers of this coun- of the committee tells us. Much though we have ever been. When this con- try. Such an event occurred on August he might want that and much though I ference brings its conference report be- 14. Elevators stopped between floors; might want it, it is not something fore the end of the month to this floor subway cars stopped in subways; fac- which is easily done. We agree that the and to the Senate, we are two votes tories shut down; explosions occurred country needs an electric reliability away from putting it on the Presi- in refineries; steel mills shut down; bill. This motion to instruct the con- dent’s desk for final signature. huge losses occurred to business; huge ferees makes that possible. I know those of you who voted losses occurred to manufacturing; Mr. Speaker, the chairman of the against it, those of you who were in the thousands of businesses shut down; committee and I both agree the coun- 175-Member minority who voted millions of Americans were without try needs a comprehensive energy bill against the passage, would probably electric service. Fortunately, the one to diversify our supplies, to create en- not like to see us finish, but this coun- good thing that can be said is no one ergy independence as much as we can, try wants us to finish. People in the died. But everybody was put at risk in and to increase the energy security of Northeast who went through that the Northeast. this country. All that this motion ad- blackout want us to do a comprehen- One of the problems about the situa- vocates is that we do promptly what sive bill. The people in the Northwest, tion is that we do not exactly know we can do to prevent another blackout. in California who had their problems a what all caused this, but we know that It avoids long, tedious discussions few years ago want us to do this bill. one of the major problems was the fact which will delay the probability of leg- Americans who suffer with high energy that there are no enforceable standards islation being enacted quickly and be- prices want us to do this bill. to enforce reliability upon the system. fore we might confront this same prob- Let us reject this motion to do away This is something upon which there is lem which could occur again even as we with this bill and to simply pick it to broad agreement in this body and in speak. death. I urge my colleagues to reject the Senate. It goes across the lines of I would point out to my Republican this motion to instruct. partisanship. It is something on which colleagues that I do not seek the per- Mr. DINGELL. Mr. Speaker, I yield everybody agrees, and it is something fect solution to energy problems. We myself such time as I may consume. which can be quickly and easily done. have been working on energy problems Mr. Speaker, I love my colleagues on What I say is not to kill the whole since I came to this place many years the other side. I know they are sincere bill, but to pass expeditiously those ago. We have consumed enormous and I understand and I sympathize with portions which will address the imme- amounts of time of the Congress in them because they have difficulty in diate and serious problem which this working on energy supply, energy suffi- understanding the parliamentary situ- country confronts. Let us move to- ciency, and other questions of that ation. wards breaking those portions out, put- sort. We can roll up our sleeves and We have been grappling around with ting them speedily on the floor, put- work on those matters while we are the business of passing a comprehen- ting them speedily on the floor in the moving this other legislation forward

VerDate jul 14 2003 06:10 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.179 H04PT1 H7930 CONGRESSIONAL RECORD — HOUSE September 4, 2003 quickly and put reliability legislation At the same time, the Bush Administration lem is not in Alaska, it is in Ohio. The solu- on the floors of the Congress and on continues to press for the immediate adoption tions won’t be found above the Arctic Circle, the desk of the President to assure of an energy bill that contains language that but below Lake Erie. safety and security for the American would make sweeping deregulatory changes Yesterday, Energy Secretary Abraham and people. in electricity law and launch a wide-ranging FERC Chairman Pat Wood essentially told our I would remind my Republican col- assault on our environment in the name of in- Committee ‘‘we’ll get back to you later’’ with leagues of the old legislative axiom creasing oil and gas production. The Adminis- some answers about what caused the black- that the perfect good is the enemy of tration is essentially saying that these radical out. So right now, we really don’t have all the the good. It may be a perfect good to proposals are needed to prevent the recur- answers. We do know, however, that this $7– wrestle around and wrangle around rence of an event whose causes they say re- 10 billion dollar hit to the economy could hap- about a piece of legislation which will main unknown. But if we don’t know what pen again tomorrow. Before we enact com- deal with every imaginable energy caused the blackout in the first place, how can prehensive energy legislation, we should know problem, which will evoke the support we know whether the proposed cure is worse what caused the blackout. and the enthusiasm of every special in- than the disease? That’s like a doctor telling We can, as a first step, pass by consensus terest in this town and in this country, you he has no idea what caused you to black reliability language that is in both the House but it is not the way to assure that we out, but he’d like to see you in the morning for and Senate bills, and defer action on the do the things which we can do quickly brain surgery. When you hear that, you know broader issues of FERC oversight, PUHCA and well while we work upon the other it’s time to get a second opinion. and other issues that are just too contentious more difficult and controversial ques- And the gentleman from Michigan has very to resolve quickly. After we’ve gotten some tions. helpfully offered a second opinion. Instead of answers, we can then come back and con- I would point out we have not yet ap- a full frontal electricity lobotomy, he proposes sider whether we should do other things. But pointed conferees. The Senate does not a more modest initial course of treatment. His is we legislate right now, we are just firing a yet have even the vaguest idea of what motion essentially says that we should quickly shot in the dark—a shot that could hit our con- it is upon which they may agree. They reach agreement on the consensus reliability stituents and our economy with very severe had to send to conference a curious language, and put the rest of the electricity consequences. concoction of last year’s energy bill title on hold for a later day. This solution, if I urge adoption of the Dingell motion to in- with the simple statement that the adopted by the conferees would allow this struct. chairman of the Senate conferees is Congress to solve a very real problem that we Mr. TAUZIN. Mr. Speaker, I yield going to write the bill as the matter is already know exists—the fact that existing back the balance of my time. considered in conference, hardly an electric utility reliability standards are purely The SPEAKER pro tempore (Mr. open and transparent and intelligent voluntary and unenforceable. We know this is LAHOOD). Without objection, the pre- way in which we might legislate. a problem. It very well may have contributed vious question is ordered on the mo- I would urge my colleagues, let us do to the August 14th blackout. We should deal tion. that which we can do quickly and let with it quickly, and not hold its ultimate resolu- There was no objection. us do that which will take us longer tion hostage to a resolution of the very com- The SPEAKER pro tempore. The with more deliberate and careful and plex and contentious issues of PUHCA-repeal, question is on the motion to instruct thoughtful effort which will lead us to Regional Transmission Organizations, Native offered by the gentleman from Michi- Load protection, incentive ratemaking, renew- a quicker and better solution to the gan (Mr. DINGELL). able portfolio standards, and a whole host of problems we confront. The question was taken; and the other entirely unrelated energy issues that are I urge the adoption of the motion to Speaker pro tempore announced that instruct conferees. It is consistent with in the House and Senate bills. We should set aside all of these issues the noes appeared to have it. our responsibilities. It is consistent Mr. DINGELL. Mr. Speaker, on that I with the public interest. It gives pro- now, at the very least until we’ve heard back from the U.S.-Canada Task Force on the demand the yeas and nays. tection to the American people in a The yeas and nays were ordered. fashion on matters that greatly con- causes of the blackout. Instead, we should just pass a clean, stand alone reliability bill, The SPEAKER pro tempore. Pursu- cern them about their safety, about the ant to clause 8 of rule XX, further pro- well-being of themselves and their fam- and do it now. If we get further recommenda- tions from the Task Force after it completes its ceedings on this question will be post- ilies and about the well-being and the poned. efficiency and the capability of the work, we can decide if more legislation is f American economy to provide the needed. But right now, we should, reject once and things that are necessary for us all. MOTION TO INSTRUCT CONFEREES for all this ridiculous notion that drilling in the Let us deal with those things which ON H.R. 1308, TAX RELIEF, SIM- Arctic Wildlife Refuge is somehow needed to can quickly be addressed, and let us PLIFICATION, AND EQUITY ACT prevent future blackouts. Oil is for cars and then work more slowly in the con- OF 2003 trucks, not for air conditioners, refrigerators, ference on other matters. And if they ovens or light bulbs. Only about 3 percent of Mr. COOPER. Mr. Speaker, I offer a can be moved as fast as my good friend, the oil our nation consumes is used for elec- motion to instruct. the chairman of the committee, says, tricity. The SPEAKER pro tempore. The then we will have something on the What stopped working during the blackout? Clerk will report the motion. floor in the next couple of weeks. If Our lights, our cooling, our refrigerators, our The Clerk read as follows: not, then there is nothing lost because ovens. Mr. COOPER moves that the managers on we will be able to wrangle around in- Our cars and SUVs ran just fine. the part of the House in the conference on terminably on these matters as we It is ridiculous to use the blackout as an ar- the disagreeing votes of the two Houses on have for so long. gument for drilling in the Arctic Refuge and the House amendment to the Senate amend- Mr. MARKEY. Mr. Speaker, I rise in support ment to H.R. 1308 be instructed as follows: other pristine public lands, and it exposes 1. The House conferees shall be instructed of the motion to instruct that is being offered those who make the argument desperate for to include in the conference report the provi- by the gentleman from Michigan (Mr. DIN- an outcome, driven by ideology, not facts. sion of the Senate amendment (not included GELL). The only relationship between the electricity in the House amendment) that provides im- Our constituents want to know what caused blackout and gasoline is that several refineries mediate payments to taxpayers receiving an the August 14th blackout, and what we are shut down temporarily, which the oil industry additional credit by reason of the bill in the going to do to prevent it from happening used as an excuse to raise the price of gaso- same manner as other taxpayers were enti- again. line to record-breaking levels nationwide over tled to immediate payments under the Jobs Unfortunately, the testimony the Energy and the Labor Day weekend. and Growth Tax Relief Reconciliation Act of Commerce Committee received from the De- I don’t think that was justified, but at least 2003. 2. The House conferees shall be instructed partment of Energy and the Federal Energy the relationship is clear—electricity doesn’t de- to include in the conference report the provi- Regulatory Commission yesterday, indicates pend on reliable oil—oil depends on reliable sion of the Senate amendment (not included that the Bush Administration remains pretty electricity. in the House amendment) that provides fam- much in the dark about the causes of the That is why we should stop searching in ilies of military personnel serving in Iraq, blackout. Alaska for solutions to the blackout. The prob- Afghanistan, and other combat zones a child

VerDate jul 14 2003 06:10 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.181 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7931 credit based on the earnings of the individ- ference on this has not even bothered It lies languishing, it lies languishing, uals serving in the combat zone. to meet. They have not even bothered I tell my friend from Pennsylvania, for 3. The House conferees shall be instructed to pretend that they care. failure of the Committee on Ways and to include in the conference report all of the So that is what is at stake in this de- Means and the Committee on Finance other provisions of the Senate amendment and shall not report back a conference report bate, and that is why we are bringing it to act. Moving costs for our military that includes additional tax benefits not off- to the attention of the American peo- personnel, our National Guard, our Re- set by other provisions. ple. serves when we have asked them to 4. To the maximum extent possible within Mr. Speaker, I yield such time as he move, when they have to sell their the scope of conference, the House conferees may consume to the gentleman from home, moving expenses, capital gains shall be instructed to include in the con- Maryland (Mr. HOYER), the distin- consequences, it languishes, I tell my ference report other tax benefits for military guished minority whip. friend from Pennsylvania, distin- personnel and the families of the astronauts who died in the Columbia disaster. b 2215 guished member of the Committee on Ways and Means. It languishes because 5. The House conferees shall, as soon as Mr. HOYER. Mr. Speaker, I thank practicable after the adoption of this mo- the majority has failed to act. How sad tion, meet in open session with the Senate the gentleman for his leadership on it is that 12 million children did not conferees and the House conferees shall file a this important issue. I just came in a get the assistance that others got just conference report consistent with the pre- little bit late, but I heard his com- so recently. ceding provisions of this instruction, not ments. Eighty-four days since the I thank the gentleman from Ten- later than the second legislative day after President of the United States, nessee (Mr. COOPER) for his leadership adoption of this motion. through his press secretary, said we in this effort. I thank him for yielding Mr. COOPER (during the reading). ought to pass this legislation, 84 days me this time. And I am hopeful that Mr. Speaker, I ask unanimous consent that we have been fiddling while, figu- the House and the majority will finally that the motion be considered as read ratively speaking, those who would be act to give the relief that the President and printed in the RECORD. entitled to this child tax credit, 61⁄2 of the United States was so adamantly The SPEAKER pro tempore. Is there million families, 12 million children, urging us to pass 84 days ago. objection to the request of the gen- have been burned while we fiddle Mr. ENGLISH. Mr. Speaker, I reserve tleman from Tennessee? around here in Washington. The major- the balance of my time. There was no objection. ity is proud of the fact that it can Mr. COOPER. Mr. Speaker, I yield The SPEAKER pro tempore. Pursu- move legislation when it wants to. such time as she may consume to the ant to clause 7(b) of rule XXII, the gen- They have demonstrated that ability. gentlewoman from the great State of tleman from Tennessee (Mr. COOPER) There is therefore no doubt, that the Georgia (Ms. MAJETTE) who has been a and the gentleman from Pennsylvania words of the President’s press sec- real leader on these issues, in fact, on (Mr. ENGLISH) each will control 30 min- retary 84 days ago saying that we all issues having to do with protecting utes. ought to take care of these families, we our Nation’s children. The Chair recognizes the gentleman ought to take care of these children, Ms. MAJETTE. Mr. Speaker, I thank from Tennessee (Mr. COOPER). we ought to give this tax credit to the gentleman from Tennessee for Mr. COOPER. Mr. Speaker, I yield those families who are the neediest yielding me this time. myself such time as I may consume. families in America. This is not Mr. Speaker, I rise today to speak in Tonight we are about to have an hour unique. support of the gentleman from Ten- of debate on whether, in fact, Repub- The gentleman from Tennessee (Mr. nessee’s (Mr. COOPER) motion to in- licans in the U.S. House of Representa- COOPER) brought an amendment to the struct conferees on the child tax credit. tives are the compassionate conserv- floor dealing with the earned income Quite frankly, I cannot believe this atives that they claim to be. Is there tax credit, some of the lowest wage continues to be an issue. We need to any compassion in their bones? earners in America. And guess what? just do the right thing. We are not debating whether the U.S. We are going to get them. That is what Back in May this House passed a tax Senate is compassionate, because they happened in the ITC amendment. Now, cut bill, but those refunds were not for have already voted by a bipartisan vote here with the child tax credit in the everyone. Americans who work for a of 94 to 2 to do the right thing. We are dead of night, the conferees, indeed the living were denied refunds. The people not debating whether President Bush chairman of the Committee on Ways who have the very least influence on and the Republican White House is and Means, to be more specific, re- this body did not get a tax cut. That is compassionate because they have al- moved this provision from the con- cold hearted. That is unfair, and that is ready urged House Republicans to do ference report included by the Senate, just plain wrong. That bill gave no re- the right thing and do it quickly. But which, Mr. Speaker, then resulted in lief to those who need it the most right it has been 93 days that House Demo- the President’s press secretary saying now, 6.5 million working families, fam- crats have been waiting, that the the President wants us to pass this leg- ilies whose entire household income is President has been waiting, and that islation just as soon as possible. That between $10,000 and $26,000. Approxi- Senate Republicans have been waiting; was 11 or 12 weeks ago. mately 40,000 families in my district, and still there is no action from the Mr. Speaker, it is unconscionable Georgia’s fourth district, did not get a other side of the aisle. that we have not acted because in the refund check like millions of other What is the issue? The issue is the interim we have talked about giving Americans did. Some people received child tax credit. If you are going to be very large tax breaks to wealthy cor- checks in July like Christmas in July, a compassionate conservative, if you porations and wealthy individuals. but there were 40,000 families in Geor- are going to be compassionate at all, Mr. Speaker, I am hopeful that this gia who got zapped by the Grinch fac- surely you will take care of the chil- instruction will pass, but much more tor. A couple of hundred bucks may not dren in our society. Surely you will importantly than that, I am hopeful, as seem like a lot to some, but to a family take care of the children whose parents the gentleman from Tennessee (Mr. living in poverty, it is much needed re- are relatively poor, parents who earn COOPER) has indicated, that the con- lief. That is money to buy winter coats between about 10 and $20,000 a year. ference will meet, the conference will for children. That is money to buy That is the issue at stake. That is what act. school supplies. That is money to pay the American people have been waiting I talked about 200,000 military fami- for dentist bills. for for 93 days. The other side could lies that are affected by this failure of Just yesterday the census released take action. In fact, we could probably the Republican majority to act. But let new figures showing that the number pass it tomorrow if they would finally me say the military is being disadvan- of families and children living below act. But the Republican leader has taged on many tax measures whether it the poverty line rose by 1.3 million last been quoted as saying, it ain’t going to deals with their $6,000 that they get for year, 1.3 million more families than happen. Other Republican leaders have a death benefit, $3,000 of which is now last year. In my home State of Geor- been saying things to indicate what taxable which we all want to exempt, gia, those same poor families are pre- has in fact happened, that the con- 100 percent of us want to exempt that. paring for the brunt of some harsh

VerDate jul 14 2003 06:10 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.092 H04PT1 H7932 CONGRESSIONAL RECORD — HOUSE September 4, 2003 budget cuts, some harsh State budget But I can guarantee that if this group partisan rhetoric, which I think has cuts and Federal proposals, cuts in of people, this 61⁄2 million working fam- trivialized a very serious issue. If this Medicaid, cuts in child care services, ilies, 12 million children, if they had is about compassion, the House has al- cuts in education. And yet this House millions of dollars to donate to the Re- ready gone on record in a very compas- still refuses to include the people who publican party, they would make it on sionate way. The issue here, I would are hurting the most. And let me tell the agenda like that. It is pay to play suggest to the gentleman from Ten- the Members, these are hard-working in Washington, D.C., and we have nessee, is really one of a more imme- folks, and they will be the ones who young children in this country, the diate nature, whether his party is will bring our economy back. It is their wealthiest country in the world, who going to continue to stand for main- sweat and their determination that are not eligible for this, and the big ex- taining a high level of taxation on fuels America’s economic engine. It is cuse is they do not pay income tax. working families. I am sad to say with their labor that makes our lives more These families pay sales tax. These this instruction to conferees, they are comfortable and safer. families pay property tax. And just be- clearly going on record in favor of I do not rise to speak out on every cause they are poor, we are not going more taxes. single issue. It is my nature, as a to take care of them. And these are not Mr. Speaker, accordingly, I rise in former judge, to listen and to gather poor people asking for a handout, as opposition to the motion to instruct information and to try to make wise the gentleman from Tennessee makes the conferees. First, I want to set the decisions. But I have heard and lis- that point very often. These are not record straight and commend the tened to enough, and my faith and my people who are looking for a handout. chairman of the Committee on Ways convictions have pulled me to my feet These are people who go to work every and Means and the Republican leader- tonight because this issue is far too im- day. And what happened to those val- ship for already taking swift and mean- portant to far too many people to let ues that if they work hard, they play ingful action on the expansion of the me rest. So I urge my colleagues who by the rules, we are going to take care child tax credit in June. talk about compassionate conserv- of them, we are going to make sure My freshman colleague from Ohio atism to walk the walk and put their that this Government works on their may have overlooked the fact that we money where their mouth is. I urge the behalf? Not under this administration. have already voted on this issue. Con- conferees to do the right thing, to ex- If they do not live in a gated commu- trary to what the minority has been ar- tend the child tax credit to America’s nity, if they do not make big money, if guing here tonight, the House took working families and our poorest chil- they do not donate to the Republican clear action on this issue and moved dren, for they are the ones who are party, their agenda is not brought be- specific legislation forward in order to struggling and hurting and getting hit fore this Congress. maximize the number of families that from every direction right now. We The Republicans control the House. benefit from the jobs and growth plan. cannot afford to play politics at their The Republicans control the Senate. b 2230 expense because they literally cannot There is a Republican family that lives afford it. We need to show the Nation in a house right up the street, and if The motion to instruct before us ac- and the world that we take care of our they wanted to take care of this issue, tually takes several steps back from own, and we need to treat them the they could. It is a matter of priority. the policy that we already adopted in way we would want to be treated, with And we are going to sit here, and we June. It reduces the tax benefits and it malice toward none and with charity are going to stand at this until the wee reduces the number of working fami- for all. lies that would benefit accordingly. So I support the Cooper motion to in- hours of the morning until this hap- pens, and there will be an election that The motion, for example, calls for struct the conferees on the child tax the child credit to drop, to be reduced credit. I urge my colleagues to do the comes up, and there will be families who should be eligible for this tax cred- from $1,000 to $700 after the 2004 elec- same. tion. Now, I have to think that is a co- Mr. COOPER. Mr. Speaker, I thank it, who are not, that will be going to the polls very soon. incidence. But under their motion, mil- the gentlewoman from Georgia for her lions of low- and middle-income fami- remarks. I appreciate her contribution I think it is crazy when we live in a country where the IRS has a better lies will receive a smaller child tax to this debate. credit right after the elections. Mr. Speaker, I yield such time as he chance at auditing someone who gets The House-passed bill ensures that may consume to the gentleman from the earned income tax credit than they the child credit remains at the $1,000 Ohio (Mr. RYAN) for his remarks. do for someone who makes $1 million a Mr. RYAN of Ohio. Mr. Speaker, I year. I think that illustrates where we level throughout the decade. That is thank the gentleman as well for his are today in our governmental process. not only compassionate, it is good tax leadership on this issue. This system is broke. It is a money policy. This is a necessary and, in my This is a very tired issue for us. It game. And if they do not have the view, reasonable element of the House- has been 80 some days, and we have money that they are dipping into the passed bill because it locks in the Fed- been talking for quite some time, and campaign coffers, their agenda is not eral commitment to this policy for fu- many of us who are new to this Cham- brought before this body. ture years. ber, as the previous speaker said, who I want to thank the gentleman again If we truly support compassionately have not been in politics all that long for yielding me this time. I also want helping families with the costs of rais- cannot figure out why we are just not to thank the gentleman from Texas for ing their children, then let us extend doing the right thing. Because this is all his leadership on this issue. We are this policy beyond next year. not a Democratic issue, and this is not going to stand here, and we are going When debating the jobs and growth a Republican issue. This is not a par- to keep talking until we are blue in the plan, I listened with interest to my col- tisan issue. This is about helping 12 face because these people deserve it. leagues on the other side howl that the million kids. And when our voices are not being child tax credit was set to expire in And Labor Day, last Monday, I was heard, it is the voices of millions and 2004. I was pleased to hear that they ex- fortunate enough to have the President millions of children who need our help. pressed such strong support for long- of the United States in the State of Mr. COOPER. Mr. Speaker, I thank term tax relief. Now I am sorry to see Ohio. And as he took his motorcade the gentleman from Ohio for his com- the truth becomes clear. They are sing- through the gated communities of the ments. The gentleman is the youngest ing a very different tune. suburbs of Richfield, Ohio and had the Member of Congress, an honor I held Furthermore, Mr. Speaker, the mo- audacity to talk about compassion, the about 20 years ago this day. We appre- tion to instruct does not eliminate the audacity to talk about working poor, ciate his eloquence on this important marriage penalty and the child credit the audacity to talk about helping issue. until 2010. Even then it only does so for kids, 500,000 children in the State of Mr. ENGLISH. Mr. Speaker, I yield 1 year. Now you see the tax relief, now Ohio will not be eligible for this tax myself such time as I may consume. you do not. credit because this body has refused to Mr. Speaker, it has been painful for Under the motion, millions of chil- take it up. me to sit here and listen to some of the dren will be denied the child credit

VerDate jul 14 2003 06:10 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.185 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7933 simply because their parents are mar- Committee on Ways and Means major- aisle that they so greatly wanted this ried. The House-passed bill benefits ity member carrying this much heavy child tax credit. middle-income families by eliminating water since they tried to defend the po- But, see, some of the real feelings the child credit immediately. That is lice action taken by a member of that from the other side of the aisle began compassion, Mr. Speaker. committee a month or so ago, only to to slip out after that day back in June, I want to make one more thing very have the chairman of the committee and the majority leader let forth his clear because this has been raised pre- come to this floor to apologize for his true feelings when he said, ‘‘It ain’t viously. The House-passed bill does not action. going to happen,’’ and he made it clear deny the child credit to military fami- Do the right thing. Do what the that he believes the working poor in lies. That is a matter clearly in the White House has asked you to do. Do this country do not deserve a tax credit record. Military families, including what the Senate has passed 94 to 2. because they do not pay income tax. those who are deployed abroad today, Are Republicans compassionate? Can Well, they do pay sales tax, and they are already receiving a refundable they govern this country? Can they be wake up every day and they go to work child credit and will continue to re- decent to our own children? That is the and they have needs, sometimes great- ceive a refundable child credit under issue we are debating tonight. er needs, than those long-suffering mil- the House-passed bill. Mr. Speaker, I yield such time as he lionaires who the Republicans seem to The motion to instruct would only may consume to the distinguished gen- always be able to find tax relief for, increase the refundable child credit for tleman from Texas (Mr. BELL), a gen- and we need to do something to take some military families by allowing uine leader on this issue. care of these families, and that is what them to take into account tax-free in- Mr. BELL. Mr. Speaker, I thank the this child tax credit is all about. come when they compute their refund- gentleman very much for yielding and At no time was that more clear than able credit. The House-passed bill pro- for his leadership on this issue and during this district work period when I vides more tax relief to military fami- again bringing the child tax credit be- had a chance to go back home and lies because it includes $806 million of fore the American people. sponsor a back-to-school fair for one of military tax benefits. And that, in my I listened to the distinguished gen- the low-income neighborhoods in my view, is something we need to remain tleman from Pennsylvania talk about district. The greatest excitement that committed to in the House of Rep- how it pains him to listen to the de- came during the course of that evening was when a local merchant had offered resentatives. bate. I certainly understand that, be- These provisions have passed the cause oftentimes the truth does hurt. to give away backpacks, a backpack, House on numerous occasions and are As I stand here it becomes so apparent, something that has become a basic awaiting action in the Senate. I believe and all I can think about is that old school supply for almost every school child in America. But the excitement our tax system imposes too high a bur- saying that the more things change, was because many of these kids had den, not only on our military families, the more things stay the same. As many will recall, we were here not been able to afford them. but also working families in places like All I can think is how much that $400 night after night leading up to the re- Erie, Pennsylvania. This imposes a real child tax credit would have meant to cess period asking for a motion to in- and substantial social cost. And at a those families when they were pre- struct on the child tax credit. Some time when we are in an economic slow- paring to send their kids back to people may have forgotten during the down, I think it clearly applies a very school, how much it would have meant recess period. Certainly our colleagues substantial economic cost. to them. The House-passed All American Tax on the other side of the aisle would like That is why it is important, and that Relief Act, which the other side has for the American people to forget. is why we challenge the other side of conveniently forgotten about, proposes But we are not going to forget. We the aisle, that is why we challenge the a direct solution to the needs of fami- are not going to forget about those we Republicans in this body night after lies struggling with the burden of de- represent. We are not going to forget night to stand behind your words that pendence by offering a comprehensive about those who are in the greatest you stated back in June, stand behind expansion of the child tax credit. need of a tax credit. what you claimed was a sincere, com- The motion to instruct wrecks the All the Republicans would have to passionate need to help working fami- House-passed bill. It guts it and it do, if they are sincere, is join with the lies in this country. should be defeated convincingly to other body and pass the bill that was Go to the conference committee, show that we are still on record in sup- passed out of the other body calling for agree with the other body, and let us port of relief for working families. an $11 billion child tax credit. bring forth a child tax credit that will Mr. Speaker, I reserve the balance of But I would like to take people back put money in the hands of those who my time. to June, because that is how you really need it most in this country. Let us Mr. COOPER. Mr. Speaker, I yield can identify the insincerity of the ar- pass this motion to instruct and let us myself such time as I may consume. guments on the other side, when we pass a child tax credit. I would hope that the listeners could had the debate regarding the child tax Mr. ENGLISH. Mr. Speaker, I yield see through the rather emphatic rhet- credit and we really saw the hollowness myself such time as I may consume. oric of my good friend from Pennsyl- of ‘‘compassionate conservatism’’ on Mr. Speaker, I would like to engage vania, because may I remind him that display, on open display, as they talked the last speaker. Since he refused to the conference committee has not even about wanting so greatly a child tax yield for a question, perhaps if he could bothered to meet on this issue. The credit, but knowing that the bill that briefly answer a question on my time. Senate is controlled by Republicans, they were putting forward calling for I would yield myself such time as nec- the House is controlled by Republicans, an $80 billion child tax credit would essary, if he will answer that question. and they have not found time in the have absolutely no chance, no chance, The gentleman made in his state- last 93 days to meet on this issue. of being agreed to by the other body. ment the claim that he knew that the Let me read the quote from the They knew precisely what they were House bill, or we should have known White House Press Secretary: ‘‘The doing. that the House bill, which was far more President wants to sign the Senate leg- Mr. ENGLISH. Mr. Speaker, will the generous than the instruction provides islation,’’ not the House legislation, gentleman yield? for as a policy, that provides far more the Senate legislation, ‘‘and hopes that Mr. BELL. No, the gentleman has his tax relief to working families, that Congress will get it to him quickly.’’ own time, and I am not going to yield. provides much more well-rounded tax This was on June 9 of this year. ‘‘The That is precisely what has taken policy than is contained in their mo- President believes that what the Sen- place. And now 93 days have gone by, tion to instruct or in the Senate ate has done is the right thing to do, a just as we predicted they would, and version, he said that we were in some good thing to do, and he wants to sign the conference committee has not met way culpable because in passing this it.’’ a single time to try to work out a child bill already and acting on this issue al- So cut through all the rhetoric, cut tax credit, despite, despite the conten- ready, we should know that the Senate through all the b.s. I have not seen a tions made by the other side of the is not going to act accordingly.

VerDate jul 14 2003 06:10 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.187 H04PT1 H7934 CONGRESSIONAL RECORD — HOUSE September 4, 2003 May I ask the gentleman, how does all of a sudden everybody realized that going to happen, then the majority he know that as a freshman? the working poor, those families that leader, the Speaker, would say, let us Mr. BELL. Mr. Speaker, will the gen- were making between $10,500 and $26,000 have a conference and let us try to tleman yield? a year, that their children, their 12 work out the differences, try to per- Mr. ENGLISH. I yield to the gen- million children, were not getting the suade the Senate to pass something if tleman from Texas. increased child tax credit. they want. But they are not doing that. Mr. BELL. Mr. Speaker, this has ab- So, what happens? The President is They are just ignoring it. solutely nothing to do with being a embarrassed. The Senate is embar- What we are saying as Democrats is freshman. Things become rather appar- rassed. The other body immediately we are not going to let you ignore it. A ent around here quite quickly, and says, ‘‘Well, let’s do something real promise was made by the President. A when the other body has engaged in a fast. We will give these kids and their promise was made by the Republican lengthy debate and has offered a child families the extra child credit, but we leadership that they will address this tax credit which has been paid for and do not want to balloon the deficit be- issue, and they are not doing it. And it has identified funding for that, it will cause we know the deficit is way out of is irresponsible because these poor not go above that mark, and has made control because of the Republican tax families need the money. If they got it very clear they will not go above cut policies. So we will just lengthen a the money, they would go out imme- that mark, certainly if you come back customs excise tax to pay for it,’’ I diately and spend it on basic neces- and pass a child tax credit that calls think it was. sities: food, clothing, whatever. It for some $69 billion and does not iden- would be an economic stimulus. But b 2245 tify any funding for that bill, you know that is not even the issue. It is an issue that the other body, common sense They said, Look, we will do this but of equity. would tell you that the other body is we will not increase the deficit and we Why in the world should those poor not going to agree to it. are certainly not going to go for even families who are paying taxes, whether We stated that at the time, and what more taxes to make the deficit even it is payroll, sales, property tax or has played out is exactly what we said worse. Well, they passed it. whatever, why should they not get the would play out. The conference com- Now, we figure, okay, the House will money? They were getting the original mittee has not met. take it up and pass it too because the tax credit. Why should they not get the Mr. ENGLISH. Mr. Speaker, reclaim- President of the United States said, increase like everybody else? Why ing my time, the gentleman is really This is a good thing. I agree with what should they not get the check in the not being responsive. the Senate did. It will not cause more mail? I got the check in the mail. I May I say, I believe the House has problems for the deficit. It will just think it was $1,200 because I have three adopted the correct policy. What this help these poor families. But what does kids. motion would do is gut that policy and the House do? The House passes this Now, I do not really need it. I would remove some of the tax relief that I be- other big bill that will balloon the def- rather see that it was going to poor lieve is essential for working families, icit even more, give more money pri- families, to working families that have particularly those who are the object marily to wealthy people, and now my low income. It is just not right. It supposedly of compassion on the other colleague from Pennsylvania says, shows dramatically that the Repub- side. well, the House bill is better. licans do not care. They are not com- Mr. Speaker, I think the important The bottom line is the House bill is passionate conservatives. They may be thing to understand here is that the never going to pass. We know that. conservatives, but they are not com- House has already acted. We have al- Why will it not pass? Because it will passionate at all. I respect the gentleman a great deal, ready laid out and I have laid out in increase the deficit. The Senate rightly my colleague from Pennsylvania, but my remarks exactly what the House will not pass the House bill because do not kid us and say this House bill is position is. The gentlemen are advo- they know it is not just addressing the going anywhere. It is going nowhere. cating a policy that would roll back problem at hand which is the real prob- That is why we are not having the con- that tax policy, and all of the remarks lem that needs to be addressed to these ference. The leadership is not taking it poor children and these poor families, so far have not been responsive to my up. They told us it was dead, but we are these working families, but rather just arguments. not going to let them get away with it. Mr. Speaker, I reserve the balance of give more tax credits, more tax cuts to Mr. ENGLISH. Mr. Speaker, how my time. other people who do not need it and much time do we have remaining? Mr. COOPER. Mr. Speaker, I yield balloon the deficit even more. The SPEAKER pro tempore (Mr. such time as he may consume to the Mr. Speaker, I like the gentleman. I CARTER). The gentleman from Pennsyl- distinguished gentleman from New Jer- respect my Republican colleague from vania (Mr. ENGLISH) has 21 minutes re- sey (Mr. PALLONE), who has been not Pennsylvania, but he knows darn well maining. The gentleman from Ten- only a leader on this issue, but on so this House bill is going nowhere. That nessee (Mr. COOPER) has 4 minutes re- many issues in this House of Rep- is why there is no conference. I do not maining. resentatives. Where the gentleman gets know if they have appointed the con- Mr. ENGLISH. Mr. Speaker, I yield 4 his energy, I do not know, but I am ferees, but the conferees never met. minutes to the gentleman from Michi- proud of him. Why? Because the House Republican gan (Mr. SMITH), one of my most distin- Mr. PALLONE. Mr. Speaker, I thank leadership has no intention of passing guished colleagues. the gentleman for those comments. I this bill. If they had any intention of Mr. SMITH of Michigan. Mr. Speak- appreciate it. passing it, they would have had the er, I thank the gentleman for yielding But I have to respond to the Repub- conference. me time. lican gentleman from Pennsylvania, I respect the gentleman a great deal, I will do a Special Order tonight on because as much as I respect him, and and I know he really believes that this Social Security, that we need to deal I do, he is clearly trying to rewrite his- House bill is the right way to go, and I with Social Security. And maybe it tory in terms of what happened here respect him for that. But the gen- should be made clear to everybody with this issue. tleman knows it is never going to pass. what the motion to instruct does is in The bottom line is, and I think he The gentleman knows it will never go effect saying that those individuals has forgotten, the Republicans passed to conference. The gentleman knows it that do not pay income tax should still this huge tax cut that essentially will never go to the President’s desk. have the child tax credit. I wonder if ballooned the deficit. We are up to like The President has said he wants to there might not be another solution. a $500 or $600 billion deficit right now. send a bill because he knows it is the In my Social Security bill that I am And, lo and behold, all the checks were only bill that will pass. So do not kid introducing next week, I say for those going to go out. The President got up around here. private investment accounts that are and said we are going to send the I understand the gentleman really safe investments, and we will not get checks out to all these people, a lot of earnestly believes in it, but proce- into the debate on whether that is ad- them wealthy, some middle class. But durally it will not happen. If it was visable or not, but what I do is for

VerDate jul 14 2003 06:10 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.189 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7935 those individuals making less than They did. He said we have left them Mr. Speaker, as I have listened to the $34,000, I add money to their personal out when we passed the income tax debate I am afraid that the speakers on retirement fund that they own to help proposal. He called the House. I am the other side from over and over again give them a chance to accrue increased sure he called the majority leader or overlooked some basic points. benefits that is going to give them maybe the Speaker and said, Pass the First, they talk as if the House had maybe even a better income and retire- bill because those folks deserve it. He not acted, but the House in timely ment than they had in their working said he was a compassionate conserv- fashion has acted and has passed a bill years. ative. I believe him. to extend the child tax credit to these So maybe instead of suggesting we Let us redeem ourselves to this lady families. Second of all, we have done should have a child tax credit relief for who is saying, you left me out. I work what the President asked for and more. those individuals that do not pay any every day. I am a single mom and you And we are now in a position to move income tax, maybe we should be talk- left me out, Mr. President. Do not do forward I think and make a compelling ing about some relief for those low-in- that to us, Mr. President. We are not argument to the Senate at a time when come individuals paying into Social talking about whether they pay income the economy is slow that they should Security. Because after all, 75 percent tax or not. We are not talking about be considering, in fact, more relief. of Americans working now pay more in giving a tax refund because they paid And what is more, one of things that I the Social Security tax, the FICA tax, in. We are talking about stimulating pointed out in my remarks and none of the withholding tax than they do in the the economy and giving someone $400 the speakers chose to address on the income tax. So I think rather than con- per child who works every day and other side, was the fact that after all, fusing the issue saying let us give an pays the gasoline tax when they drive this motion to recommit would effec- additional, you might call it, some peo- to that factory where they work or the tively cut back on the tax benefits that ple would dislike having it called a shopping center where they work sell- the House has already chosen to ex- welfare payment, but if it is for indi- ing hamburgers. tend. And to put that into context and viduals as an income tax rebate for in- So do not tell me they have not allow people to judge the relative com- dividuals that do not pay any income earned this. They have. And it is a passion, to use the other side’s rhet- tax, then it could be conceived that shame that this House has not done oric, let me just suggest the following way. So I wonder if maybe it is not a what the President asked them to do. examples: more fair and reasonable debate for Mr. President, let us redeem ourselves Under our bill we would extend the those 75 percent of Americans who pay with those folks who work every day $1,000 child credit immediately and for more in the FICA tax than they do in harder than any of us and earn between good. But under their proposal in the $12,000 and $25,000 a year. It is time the income tax to talk about reducing year 2005, that $1,000 child tax credit that America stood up for what is their FICA tax and still giving them would drop down to $700. That is a tax right, Republicans and Democrats. I some kind of credit for retirement. increase on working families after the So I oppose the motion to recommit am tired of it. Mr. ENGLISH. Mr. Speaker, I have election. And that is a fact that the because I think it confuses the issue. one speaker remaining, and I believe other side has not chosen to engage on. Mr. COOPER. Mr. Speaker, I yield That is a very significant tax increase such time as he may consume to the the gentleman has the right to close. Mr. COOPER. Mr. Speaker, I have for working families. When you con- gentleman from Tennessee (Mr. DAVIS), one speaker remaining in addition to sider that in Erie, Pennsylvania, a cop an eloquent speaker, a colleague and myself. How much time remains on my with three dependents would see his friend of mine who, in fact, represents side? taxes go up or her taxes go up $900 dol- the congressional district I used to rep- The SPEAKER pro tempore. The gen- lars in the year 2005 under their pro- resent. tleman from Tennessee (Mr. COOPER) posal relative to ours. Two young Mr. DAVIS of Tennessee. Mr. Speak- has 11⁄2 minutes remaining. teachers with two very young depend- er, child tax credit. What is it? It is not Mr. COOPER. Mr. Speaker, I yield ent children would see their taxes go a refund because you paid income tax. such time as she may consume to the up $600 in the year 2005. That is a misnomer we are talking distinguished gentlewoman from Texas I know people in these cir- about. (Ms. JACKSON-LEE). cumstances. I know people in my This bill passed in the House and was Ms. JACKSON-LEE of Texas. Mr. neighborhood who have had to face this excluded, there were certain numbers Speaker, I thank the gentleman very tax burden and are facing exactly those of people excluded as a result of tax much for yielding me time. circumstances trying to raise their cuts that were passed. And this body, There is only one point that I want kids with limited resources. What this Members of this Chamber, the majority to make and to suggest that what we motion to recommit does is force a tax side decided that we ought to cut folks are doing here, our inertia and inaction increase on them after the 2004 elec- out who make between 12 and $25,000 a is a crime. It is a crime on families tion. I think that is bad social policy year. We are not talking about some- that clearly deserve the equity of a and it is bad economic policy. And I am thing new. This has already passed for child tax credit just like any other immensely proud that this House has everyone else except for those who earn working family. already gone on record in favor of ad- between 12 and $25,000 a year. You ex- I leave this floor with this thought I dressing this issue, has done so elo- cluded those individuals. You said if hope will be lasting, and I thank the quently. And I hope tomorrow when we you have children and you are working, distinguished gentleman from Ten- have an opportunity to vote finally on it does not matter. nessee (Mr. COOPER). Our military hos- this recommittal motion that the I walked this past Monday in a Labor pitals across the Nation and around the House will clearly go on record oppos- Day parade; and as I was walking down world are teeming with the wounded ing this motion to recommit. in Whitwell, Tennessee, the gentleman from Iraq and Afghanistan, teeming. I thank the gentleman for his elo- knows what I am talking about, as I And because of that, they leave or they quence tonight. It has been a great de- walked down that Labor Day parade have families back home who today bate. route, probably 5 or 6,000 people on the cannot receive a tax credit because this Mr. Speaker, I yield back the balance sides of the road, somebody came out body will not act. The question for the of my time. and hollered at me, Tell the President, Republicans is whether or not they will 2300 and I will not repeat what she said, pay the appropriate tribute to their b what he can do with his tax cut. sacrifice and pass the earned income Mr. COOPER. Mr. Speaker, I yield I think we can redeem ourselves. Mr. tax credit now, the one passed by the myself the remainder of my time. President, what I am calling on you to- Senate, now. As I began the debate, are House Re- night to do is just what you did to the Mr. COOPER. Mr. Speaker, I have the publicans compassionate? Unwittingly Senate. I talked to the Republican-con- right to close, and I reserve the balance they have proven for the 93rd day they trolled Senate and said pass a child tax of my time. are not, because they will not even credit that includes those folks who Mr. ENGLISH. Mr. Speaker, I yield agree with their President or with the earn between 12 and $25,000 a year. myself such time as I may consume. Republican majority in the Senate to

VerDate jul 14 2003 06:10 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.191 H04PT1 H7936 CONGRESSIONAL RECORD — HOUSE September 4, 2003 govern, to do the right thing for our of the House of Representatives, that I have CONGRESS OF THE UNITED STATES, Nation’s children. been served with a criminal trial subpoena Washington, DC, July 31, 2003. I would urge this House to vote yes for testimony issued by the Superior Court Hon. J. DENNIS HASTERT, on the motion to instruct. It is a vote for Ventura County, California. Speaker, House of Representatives, After consulting with the Office of General Washington, DC. on compassion. It is a vote on whether Counsel, I have determined that compliance DEAR MR. SPEAKER: The purpose of this we care, and this is the chance to prove with the subpoena would be consistent with letter is to notify you formally, pursuant to it. the privileges and rights of the House. Rule VIII of the Rules of the House of Rep- For the second time tonight, the Re- Sincerely, resentatives, that I have been served with a publican majority in the House has PAULA SHEIL, subpoena for testimony and documents proved they do not have any compas- District Director. issued by the Court of Common Pleas of sion. First we debated the earned in- Northampton County, Pennsylvania. come tax credit, now this one. Vote yes f After consultation with the Office of Gen- on this motion to instruct. eral Counsel, I will make the determinations The SPEAKER pro tempore (Mr. COMMUNICATION FROM CONGRES- required by Rule VIII. Sincerely, CARTER). The gentleman’s time has ex- SIONAL AIDE OF HON. ELTON GALLEGLY, MEMBER OF CON- KAREN M. FEATHER, pired. Chief of Staff. Without objection, the previous ques- GRESS tion is ordered on the motion to in- The SPEAKER pro tempore laid be- f struct. fore the House the following commu- There was no objection. nication from Tina Cobb, Congressional COMMUNICATION FROM THE HON. The SPEAKER pro tempore. The Aide of the Honorable ELTON PAUL E. KANJORSKI, MEMBER question is on the motion to instruct GALLEGLY, Member of Congress: OF CONGRESS offered by the gentleman from Ten- HOUSE OF REPRESENTATIVES, nessee (Mr. COOPER). Washington, DC, July 24, 2003. The SPEAKER pro tempore laid be- The question was taken; and the Hon. DENNIS J. HASTERT, fore the House the following commu- Speaker pro tempore announced that Speaker, House of Representatives, Washington, nication from the Honorable PAUL E. the noes appeared to have it. DC. KANJORSKI, Member of Congress: DEAR MR. SPEAKER: This is to formally no- Mr. COOPER. Mr. Speaker, on that I CONGRESS OF THE UNITED STATES, demand the yeas and nays. tify you, pursuant to Rule VIII of the Rules Washington, DC, July 31, 2003. of the House of Representatives, that I have The yeas and nays were ordered. Hon. J. DENNIS HASTERT, The SPEAKER pro tempore. Pursu- been served with a criminal subpoena for tes- Speaker, House of Representatives, ant to clause 8 of rule XX, further pro- timony issued by the Superior Court of Ven- Washington, DC. tura County, California. DEAR MR. SPEAKER: The purpose of this ceedings on this motion will be post- After consulting with the Office of General letter is to notify you formally, pursuant to poned. Counsel, I have determined that compliance Rule VIII of the Rules of the House of Rep- with the subpoena would be consistent with f resentatives, that I have been served with a the privileges and rights of the House. subpoena for testimony and documents in a COMMUNICATION FROM CONGRES- Sincerely, civil action in which I am not a party, issued SIONAL AIDE OF HON. ELTON TINA COBB, by the Court of Common Pleas of North- GALLEGLY, MEMBER OF CON- Congressional Aide. GRESS ampton County, Pennsylvania. I will make the determinations required by f The SPEAKER pro tempore laid be- Rule VIII. fore the House the following commu- Sincerely, nication from NiCole Dolski, Congres- COMMUNICATION FROM CONGRES- PAUL E. KANJORSKI, sional Aide of the Honorable ELTON SIONAL AIDE OF HON. ELTON Member of Congress. GALLEGLY, Member of Congress: GALLEGLY, MEMBER OF CON- GRESS HOUSE OF REPRESENTATIVES, f Washington, DC, July 24, 2003. The SPEAKER pro tempore laid be- Hon. DENNIS J. HASTERT, fore the House the following commu- COMMUNICATION FROM ASSO- Speaker, House of Representatives, Washington, nication from Terry Hiser, Congres- CIATE ADMINISTRATOR, OFFICE DC. sional Aide of the Honorable ELTON OF HUMAN RESOURCES, OFFICE DEAR MR. SPEAKER: This is to formally no- GALLEGLY, Member of Congress: tify you, pursuant to Rule VIII of the Rules OF CHIEF ADMINISTRATIVE OF- of the House of Representatives, that I have HOUSE OF REPRESENTATIVES, FICER been served with a criminal trial subpoena Washington, DC, July 24, 2003. The SPEAKER pro tempore laid be- Hon. DENNIS J. HASTERT, for testimony issued by the Superior Court fore the House the following commu- for Ventura County, California. Speaker, House of Representatives, After consulting with the Office of General Washington, DC. nication from Kathy A. Wyszynski, As- Counsel, I have determined that compliance DEAR MR. SPEAKER: This is to formally no- sociate Administrator, Office of Human with the subpoena would be consistent with tify you, pursuant to Rule VIII of the Rules Resources, Office of the Chief Adminis- the privileges and rights of the House. of the House of Representatives, that I have trative Officer of the House of Rep- Sincerely, been served with a criminal trial subpoena resentatives: for testimony issued by the Superior Court NICOLE DOLSKI, OFFICE OF THE CHIEF ADMINISTRA- for Ventura County, California. Congressional Aide. TIVE OFFICER, HOUSE OF REP- After consulting with the Office of General f RESENTATIVES, Counsel, I have determined that compliance Washington, DC, August 15, 2003. COMMUNICATION FROM DISTRICT with the subpoena would be consistent with Hon. J. DENNIS HASTERT, the privileges and rights of the House. DIRECTOR OF HON. ELTON Speaker, House of Representatives, Sincerely, GALLEGLY, MEMBER OF CON- Washington, DC. TERRY HISER, GRESS DEAR MR. SPEAKER: This is to notify you Congressional Aide. The SPEAKER pro tempore laid be- formally, pursuant to Rule VIII of the Rules of the House of Representatives, that I have fore the House the following commu- f been served with a subpoena for documents nication from Paula Sheil, District Di- issued by the Superior Court of the State of rector of the Honorable ELTON COMMUNICATION FROM CHIEF OF California. GALLEGLY, Member of Congress: STAFF OF HON. PAUL E. KAN- After consultation with the Office of Gen- HOUSE OF REPRESENTATIVES, JORSKI, MEMBER OF CONGRESS eral Counsel, I have determined that compli- Washington, DC, July 24, 2003. The SPEAKER pro tempore laid be- ance with the subpoena is consistent with Hon. DENNIS J. HASTERT, the precedents and privileges of the House. Speaker, House of Representatives, Washington, fore the House the following commu- Sincerely, DC. nication from Karen M. Feather, Chief KATHY A. WYSZYNSKI, DEAR MR. SPEAKER: This is to formally no- of Staff of the Honorable PAUL E. KAN- Associate Administrator, tify you, pursuant to Rule VIII of the Rules JORSKI, Member of Congress: Office of Human Resources.

VerDate jul 14 2003 07:12 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.193 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7937 SPECIAL ORDERS I recognize that the best standards with this proposed rule, and I remain The SPEAKER pro tempore. Under are those developed from scientific and hopeful that the benefits will include the Speaker’s announced policy of Jan- clinical research, and I have always improved health as a result of better uary 7, 2003, and under a previous order supported efforts to promote research access to quality dietary supplements. of the House, the following Members and development of dietary supplement It is imperative that the FDA use the will be recognized for 5 minutes each. products. It is imperative that the instructive recommendations it re- GMPs include incentives for stimu- ceives during the comment period and f lating clinical and scientific research. The SPEAKER pro tempore. Under a that the public and the industry play a This research is important for estab- significant role in ensuring improved previous order of the House, the gen- lishing scientifically validated meth- tleman from Kansas (Mr. MORAN) is access to safe and effective dietary sup- ods for dietary supplement testing and plement products. recognized for 5 minutes. for providing uniform standards that (Mr. MORAN of Kansas addressed the can be accessed and utilized by con- House. His remarks will appear here- f sumers when comparing the health after in the Extensions of Remarks.) benefits of supplements. b 2310 f In addition, Mr. Speaker, the eco- The SPEAKER pro tempore (Mr. PUBLICATION OF THE GMPs nomic pressure that the GMPs will CARTER). Under a previous order of the place on small companies, manufactur- The SPEAKER pro tempore. Under a House, the gentleman from Indiana previous order of the House, the gen- ers and raw material suppliers with less than 500 employees, troubles me. (Mr. BURTON) is recognized for 5 min- tleman from New Jersey (Mr. PALLONE) utes. is recognized for 5 minutes. Analysis shows that the cost of compli- ance for small companies is estimated (Mr. BURTON of Indiana addressed Mr. PALLONE. Mr. Speaker, I rise on the House. His remarks will appear the House floor this evening to express at $100,000 the year of implementation and $61,000 the following years. The in- hereafter in the Extensions of Re- my appreciation for the publication of marks.) the proposed rule for dietary supple- tent of this financial burden is to rid the market of unscrupulous players. ment current good manufacturing f However, small companies and mom- practices, or GMPs. After many years The SPEAKER pro tempore. Under a and-pop shops comprise approximately of delay and inquiry, I am pleased that previous order of the House, the gen- the Food and Drug Administration fi- 90 percent of the dietary supplement industry, and I fear that many oper- tleman from Ohio (Mr. RYAN) is recog- nally put forth this proposed rule ear- nized for 5 minutes. lier this year as required by the Die- ations will be forced to go out of busi- ness due to the high cost of compli- (Mr. RYAN of Ohio addressed the tary Supplement Health and Education ance. House. His remarks will appear here- Act, also know as DSHEA. This is truly As currently proposed, it is esti- after in the Extensions of Remarks.) a step forward in health care and will mated that up to 50 percent of the very help to ensure that the public has ac- small companies could go out of busi- f cess to high-quality, safe dietary sup- ness and that product prices could in- The SPEAKER pro tempore. Under a plements. crease by 35 percent. Retailers, small previous order of the House, the gen- Overall, Mr. Speaker, I have found business manufacturers and consumers tleman from Michigan (Mr. MCCOTTER) that the FDA’s proposed rule works in will ultimately have to absorb these is recognized for 5 minutes. favor of both consumers and the indus- costs, which will most likely result in (Mr. MCCOTTER addressed the try. The public should expect nothing fewer consumers being able to purchase House. His remarks will appear here- less than safe and effective supple- dietary supplements. after in the Extensions of Remarks.) ments, and it is encouraging to witness Mr. Speaker, I would also like to the government and industry joining note that GMPs also place a fair f together to provide consumers great amount of pressure, economic or other- The SPEAKER pro tempore. Under a confidence that supplements are free wise, on the FDA once they are final- previous order of the House, the gen- from contamination, accurately la- ized. Enforcement of the rules will be tleman from Illinois (Mr. EMANUEL) is beled and effective in improving per- costly. One way for the U.S. Govern- recognized for 5 minutes. sonal health. ment to minimize these costs will be to (Mr. EMANUEL addressed the House. The GMPs also provide guidelines allow independent, third-party organi- His remarks will appear hereafter in that assist the dietary supplement in- zations to conduct inspections and cer- the Extensions of Remarks.) dustry in manufacturing safe, effective, tify establishments as if they were gov- unadulterated products. The industry ernment inspectors. f fully appreciates the economic con- This is not a unique concept. For in- The SPEAKER pro tempore. Under a sequences of these proposed regulations stance, the Joint Commission on Ac- previous order of the House, the gen- and is prepared to invest in the future creditation of Health Care Organiza- tleman from Pennsylvania (Mr. SHU- of the natural products that they sell. tions accredits nearly all the hospitals STER) is recognized for 5 minutes. However, there are some concerns in the United States. (Mr. SHUSTER addressed the House. that will be expressed by both the pub- Another good example of industry His remarks will appear hereafter in lic and the industry during the com- and government cooperation is the the Extensions of Remarks.) ment period, and I am hopeful that the memorandum of understanding that FDA will be responsive, given the was established between the American f FDA’s shared commitment to deliver Council for Food Safety and Quality, The SPEAKER pro tempore. Under a products with only optimum health formerly the Dried Food Association of previous order of the House, the gen- benefits. For example, Mr. Speaker, al- California, and the FDA. The MOU al- tleman from Ohio (Mr. BROWN) is rec- though the GMPs steer dietary supple- lows the association to inspect member ognized for 5 minutes. ment manufacturers down the right facilities as if they were government (Mr. BROWN of Ohio addressed the path, there are several outstanding inspectors. The program has paid bene- House. His remarks will appear here- issues that must be raised. fits for all involved. The agency would after in the Extensions of Remarks.) Mr. Speaker, I am concerned about realize reduced administrative cost finished product testing and the sci- burdens as inspection costs could be f entifically validated measures to be borne by the manufacturer, while also The SPEAKER pro tempore. Under a used. It is crucial that the FDA and the providing expertise and guidance, previous order of the House, the gen- dietary supplement industry agree on thereby allowing manufacturers to tleman from Oregon (Mr. DEFAZIO) is the methods and scientific criteria re- come into compliance with the new recognized for 5 minutes. quired of product testing in order for GMP regulations. (Mr. DEFAZIO addressed the House. consumers to compare products based Again, Mr. Speaker, I am pleased His remarks will appear hereafter in upon the same standards. with the FDA for finally coming forth the Extensions of Remarks.)

VerDate jul 14 2003 06:16 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.201 H04PT1 H7938 CONGRESSIONAL RECORD — HOUSE September 4, 2003 STATUS REPORT ON CURRENT as established under section 401(a)(3) of the REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE SPENDING LEVELS OF ON-BUDG- budget resolution, is shown for fiscal year BUDGET—STATUS OF THE FISCAL YEAR 2004 CON- ET SPENDING AND REVENUES 2004 and fiscal years 2004 through 2013. This GRESSIONAL BUDGET ADOPTED IN H. CON. RES. 95— FOR FY 2004 AND THE 5-YEAR PE- comparison is needed to enforce section Continued RIOD FY 2004 THROUGH FY 2008 302(f) of the Budget Act, which creates a point [Reflecting action completed as of September 3, 2003—on-budget amounts, in millions of dollars] The SPEAKER pro tempore. Under a of order against measures that would breach previous order of the House, the gen- the section 302(a) discretionary action alloca- Fiscal year Fiscal years tleman from Iowa (Mr. NUSSLE) is rec- tion of new budget authority for the committee 2004 2004–2008 ognized for 5 minutes. that reported the measure. It is also needed to Current Level: Mr. NUSSLE. Mr. Speaker, I am transmitting implement section 311(b), which exempts Budget Authority ...... 1,101,447 (1) committees that comply with their allocations Outlays ...... 1,424,936 (1) a status report on the current levels of on- Revenues ...... 1,331,075 8,377,042 budget spending and revenues for fiscal year from the point of order under section 311(a). Current Level or (+)/under/ (¥) Appropriate The third table compares the current levels Level: 2004 and for the 5-year period of fiscal years Budget Authority ...... ¥779,108 (1) 2004 through 2008. This report is necessary of discretionary appropriations for fiscal year Outlays ...... ¥478,566 (1) to facilitate the application of sections 302 and 2004 with the ‘‘section 302(b)’’ suballocations Revenues ...... 5,623 208,109 311 of the Congressional Budget Act and sec- of discretionary budget authority and outlays 1 Not applicable because annual appropriations Acts for fiscal years 2005 through 2008 will not be considered until future sessions of Congress. tion 501 of the conference report on the con- among Appropriations subcommittees. The current resolution on the budget for fiscal year comparison is needed to enforce section BUDGET AUTHORITY 2004 (H. Con. Res. 95). This status report is 302(f) of the Budget Act because the point of Enactment of measures providing new current through September 3, 2003. order under that section equally applies to budget authority for FY 2004 in excess of The term ‘‘current level’’ refers to the measures that would breach the applicable $779,108,000,000 (if not already included in the amounts of spending and revenues estimated section 302(b) suballocation. current level estimate) would cause FY 2004 for each fiscal year based on laws enacted or The last table gives the current level for budget authority to exceed the appropriate awaiting the President’s signature. 2005 of accounts identified for advance appro- level set by H. Con. Res. 95. The first table compares the current levels priations under section 501 of H. Con. Res. OUTLAYS of total budget authority, outlays, and reve- 95. This list is needed to enforce section 501 Enactment of measures providing new out- nues with the aggregate levels set forth by H. of the budget resolution, which creates a point lays for FY 2004 in excess of $478,566,000,000 (if Con. Res. 95. This comparison is needed to of order against appropriation bills that contain not already included in the current level es- enforce section 311(a) of the Budget Act, advance appropriations that are: (i) not identi- timate) would cause FY 2004 outlays to ex- which creates a point of order against meas- fied in the statement of managers or (ii) would ceed the appropriate level set by H. Con. Res. ures that would breach the budget resolution’s cause the aggregate amount of such appro- 95. aggregate levels. The table does not show priations to exceed the level specified in the REVENUES budget authority and outlays for fiscal years resolution. Enactment of measures that would result 2004 through 2008, because appropriations in revenue reduction for FY 2004 in excess of REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE for those years have not yet been considered. $5,623,000,000 (if not already included in the The second table compares the current lev- BUDGET—STATUS OF THE FISCAL YEAR 2004 CON- current level estimate) would cause revenues els of budget authority and outlays for discre- GRESSIONAL BUDGET ADOPTED IN H. CON. RES. 95 to fall below the appropriate level set by H. [Reflecting action completed as of September 3, 2003—on-budget amounts, Con. Res. 95. tionary action by each authorizing committee in millions of dollars] with the ‘‘section 302(a)’’ allocations made Enactment of measures resulting in rev- enue reduction for the period FY 2004 under H. Con. Res. 95 for fiscal year 2004 Fiscal year Fiscal years 2004 2004–2008 through 2008 in excess of $208,109,000,000 (if and fiscal years 2004 through 2008. ‘‘Discre- not already included in the current level es- tionary action’’ refers to legislation enacted Appropriate Level: timate) would cause revenues to fall below Budget Authority ...... 1,880,555 (1) after the adoption of the budget resolution. A Outlays ...... 1,903,502 (1) the appropriate levels set by H. Con. Res. 95. separate allocation for the Medicare program, Revenues ...... 1,325,452 8,168,933 DIRECT SPENDING LEGISLATION—COMPARISON OF CURRENT LEVEL WITH AUTHORIZING COMMITTEE 302(a) ALLOCATIONS FOR DISCRETIONARY ACTION, REFLECTING ACTION COMPLETED AS OF SEPTEMBER 3, 2003 [Fiscal years, in million of dollars]

2004 2004–2008 total 2004–2013 total House Committee BA Outlays BA Outlays BA Outlays

Agriculture: Allocation ...... 0 0 0 0 (1) (1) Current Level ...... 0 0 0 0 (1) (1) Difference ...... 0 0 0 0 (1) (1) Armed Services: Allocation ...... 70 34 70 70 (1) (1) Current Level ...... 0 0 0 0 (1) (1) Difference ...... ¥70 ¥34 ¥70 ¥70 (1) (1) Education and the Workforce: Allocation ...... 39 47 201 245 (1) (1) Current Level ...... 0 0 0 0 (1) (1) Difference ...... ¥39 ¥47 ¥201 ¥245 (1) (1) Energy and Commerce: Allocation ...... ¥170 ¥170 439 439 (1) (1) Current Level ...... 1,325 100 685 795 (1) (1) Difference ...... 1,495 270 246 356 (1) (1) Financial Services: Allocation ...... 0 375 0 1,250 (1) (1) Current Level ...... ¥1 ¥1 ¥2 ¥2 (1) (1) Difference ...... ¥1 376 ¥2 ¥1,252 (1) (1) Government Reform: Allocation ...... ¥1 0 ¥3 ¥1 (1) (1) Current Level ...... 0 0 0 0 (1) (1) Difference ...... 1 0 3 1 (1) (1) House Administration: Allocation ...... 0 0 0 0 (1) (1) Current Level ...... 1 1 3 3 (1) (1) Difference ...... 1 1 3 3 (1) (1) International Relations: Allocation ...... 0 0 0 0 (1) (1) Current Level ...... 0 0 0 0 (1) (1) Difference ...... 0 0 0 0 (1) (1) Judiciary¥ Allocation ...... 19 19 95 95 (1) (1) Current Level ...... 0 0 0 0 (1) (1) Difference ...... ¥19 ¥19 ¥95 ¥95 (1) (1) Resources: Allocation ...... 24 24 522 342 (1) (1) Current Level ...... 0 0 0 0 (1) (1) Difference ...... ¥24 ¥24 ¥522 ¥342 (1) (1)

VerDate jul 14 2003 07:12 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.211 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7939 DIRECT SPENDING LEGISLATION—COMPARISON OF CURRENT LEVEL WITH AUTHORIZING COMMITTEE 302(a) ALLOCATIONS FOR DISCRETIONARY ACTION, REFLECTING ACTION COMPLETED AS OF SEPTEMBER 3, 2003—Continued [Fiscal years, in million of dollars]

2004 2004–2008 total 2004–2013 total House Committee BA Outlays BA Outlays BA Outlays

Science: Allocation ...... 0 0 0 0 (1) (1) Current Level ...... 0 0 0 0 (1) (1) Difference ...... 0 0 0 0 (1) (1) Small Business: Allocation ...... 0 0 0 0 (1) (1) Current Level ...... 0 0 0 0 (1) (1) Difference ...... 0 0 0 0 (1) (1) Transportation and Infrastructure: Allocation ...... 9,256 0 41,134 0 (1) (1) Current Level ...... 0 0 0 0 (1) (1) Difference ...... ¥9,256 0 ¥41,134 0 (1) (1) Veterans’ Affairs: Allocation ...... 0 0 0 0 (1) (1) Current Level ...... 0 0 0 0 (1) (1) Difference ...... 0 0 0 0 (1) (1) Ways and Means: Allocation ...... 20,626 20,054 24,079 23,876 (1) (1) Current Level ...... 18,141 18,150 22,972 23,007 (1) (1) Difference ...... ¥2,485 ¥1,904 ¥1,107 ¥869 (1) (1) Medicare: Allocation ...... 0 0 (1) (1) 0 0 Current Level ...... 0 0 (1) (1) 0 0 Difference ...... 0 0 (1) (1) 0 0 (1) Not applicable.

DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2004—COMPARISON OF CURRENT LEVEL WITH APPROPRIATIONS SUBCOMMITTEE 302(b) SUBALLOCATIONS [In millions of dollars]

302(b) suballocations as of July 22, Current level reflecting action com- Current level minus suballocations Appropriations Subcommittee 2003 (H. Rpt. 108–228) pleted as of September 3, 2003 BA OT BA OT BA OT

Agriculture, Rural Development ...... 17,005 17,686 14 5,036 ¥16,991 ¥12,650 Commerce, Justice, State ...... 37,914 41,009 0 14,197 ¥37,914 ¥26,812 National Defense ...... 368,662 389,221 17 137,684 ¥368,645 ¥251,537 District of Columbia ...... 466 464 0 51 ¥466 ¥413 Energy & Water Development ...... 27,080 27,211 0 9,198 ¥27,080 ¥18,013 Foreign Operations ...... 17,120 20,185 0 13,804 ¥17,120 ¥6,381 Homeland Security ...... 29,411 30,506 215 12,678 ¥29,196 ¥17,828 Interior ...... 19,627 19,400 36 6,244 ¥19,591 ¥13,156 Labor, HHS & Education ...... 138,036 134,766 21,378 91,973 ¥116,658 ¥42,793 Legislative Branch ...... 3,512 3,662 0 671 ¥3,512 ¥2,991 Military Construction ...... 9,196 10,282 0 7,680 ¥9,196 ¥2,602 Transportation-Treasury ...... 27,502 71,360 31 41,247 ¥27,471 ¥30,113 VA-HUD-Independent Agencies ...... 90,034 95,590 2,698 51,610 ¥87,336 ¥43,980 Grand total ...... 785,565 861,342 24,389 392,073 ¥761,176 ¥469,269

Statement of FY2005 advance appropriations U.S. CONGRESS, Since my last letter, dated June 16, 2003, under section 501 of H. Con. Res. 95 reflecting CONGRESSIONAL BUDGET OFFICE, the Congress has cleared and the President action completed as of September 3, 2003 Washington, DC, September 4, 2003. has signed the following acts that changed [In millions of dollars] Hon. JIM NUSSLE, budget authority, outlays, or revenues for Budget authority Chairman, Committee on the Budget, House of 2004: Appropriate Level ...... 23,158 Representatives, Washington, DC. DEAR MR. CHAIRMAN: The enclosed report The Welfare Reform Extension Act of 2003 (Public Law 108–40); Current Level: shows the effects of Congressional action on Interior Subcommittee: Elk the fiscal year 2004 budget and is current The Burmese Freedom and Democracy Act Hills ...... 0 through September 3, 2003. This report is of 2003 (Public Law 108–61); Labor, Health and Human Serv- submitted under section 308(b) and in aid of ices, Education Sub- section 311 of the Congressional Budget Act, The Smithsonian Facilities Authorization committee: as amended. Act (Public Law 108–72); and Employment and Training The estimates of budget authority, out- An Act to Amend Title XXI of the Social Administration ...... 0 lays, and revenues are consistent with the Security Act (Public Law 108–74). Education for the Disadvan- technical and economic assumptions of H. taged ...... 0 Con. Res. 95, the Concurrent Resolution on In addition, the Congress has cleared the School Improvement ...... 0 the Budget for Fiscal Year 2004. The budget following legislation for the President’s sig- Children and Family Services resolution figures incorporate revisions sub- nature: the Chile Free Trade Agreement Im- (head start) ...... 0 mitted by the Committee on the Budget to plementation Act (H.R. 2738) and the Singa- Special Education ...... 0 the House to reflect funding for the fiscal Vocational and Adult Edu- pore Free Trade Agreement Implementation year 2003 supplemental appropriations act Act (H.R. 2739). cation ...... 0 and the tax relief act of 2003. These revisions Treasury, General Government Sincerely, are authorized by sections 421 and 507 of H. Subcommittee: Payment to DOUGLAS HOLTZ-EAKIN, Con. Res. 95, respectively. In addition, per Postal Service ...... 0 Director. section 502 of H. Con. Res. 95, amounts des- Veterans, Housing and Urban Enclosure. Development Subcommittee: ignated as an emergency are exempt from Section 8 Renewals ...... 0 enforcement of the budget resolution. As a result, the enclosed current level report ex- Total ...... 0 cludes outlays of $262 million from funds pro- vided in the Emergency Supplemental Ap- Current Level over (+)/ under (-) propriations for Disaster Relief Act of 2003 Appropriate Level ...... ¥23,158 (Public Law 108–69).

VerDate jul 14 2003 06:16 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.102 H04PT1 H7940 CONGRESSIONAL RECORD — HOUSE September 4, 2003 FISCAL YEAR 2004 HOUSE CURRENT LEVEL REPORT AS OF SEPTEMBER 3, 2003 [In millions of dollars]

Budget authority Outlays Revenues

Enacted in previous sessions: Revenues ...... 0 0 1,466,370 Permanents and other spending legislation ...... 1,089,029 1,061,356 0 Appropriation legislation ...... 0 345,754 0 Offsetting receipts ...... ¥366,436 ¥366,436 0 Total, previously enacted ...... 722,593 1,040,674 1,466,370

Enacted this session: (excluding emergencies 1) Emergency Wartime Supplemental Appropriations Act of 2003 (P.L. 108–11) ...... 215 27,349 0 American 5-Cent Coin Design Continuity Act of 2003 (P.L. 108–15) ...... ¥1 ¥1 0 Unemployment Compensation Amendments of 2003 (P.L. 108–26) ...... 4,730 4,730 145 Jobs and Growth Tax Relief Reconciliation Act of 2003 (P.L. 108–27) ...... 13,312 13,312 ¥135,370 Welfare Reform Extension Act of 2003 (P.L. 108–40) ...... 99 108 0 Burmese Freedom and Democracy Act of 2003 (P.L. 108–61) ...... 0 0 ¥10 Smithsonian Facilities Authorization Act (P.L. 108–72) ...... 1 1 0 An Act to Amend Title XXI of the Social Security Act (P.L. 108–74) ...... 1,325 100 0 Total, enacted this session ...... 19,681 45,599 ¥135,235

Cleared, pending signature: Chile Free Trade Agreement Implementation Act (H.R. 2738) ...... 0 0 ¥5 Singapore Free Trade Agreement Implementation Act (H.R. 2739) ...... 0 0 ¥55 Total, cleared, pending signature ...... 0 0 ¥60

Entitlements and Mandatories: Budget resolution baseline estimates of appropriated entitlements and other mandatory programs not yet enacted ...... 359,173 338,663 0 Total Current Level 1, 2 ...... 1,101,447 1,424,936 1,331,075 Total Budget Resolution: 1,880,555 1,903,502 1,325,452 Current Level Over Budget Resolution ...... 0 0 5,623 Current Level Under Budget Resolution ...... ¥779,108 ¥478,566 0 Memorandum: Revenues, 2004–2008; House Current Level ...... 0 0 8,377,042 House Budget Resolution ...... 0 0 8,168,933 Current Level Over Budget Resolution ...... 0 0 208,109 1 Per section 502 of H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2004, amounts designated as an emergency are exempt from enforcement of the budget resolution. As a result, the current level excludes outlays of $262 million from funds provided in the Emergency Supplemental Appropriations for Disaster Relief Act of 2003 (P.L. 108–69). 2 For purposes of enforcing section 311 of the Congressional Budget Act in the House, the budget resolution does not include outlays of $508 million from prior appropriations for Social Security administrative expenses. As a result, the current level excludes these items. Notes.—P.L.=Public Law. Source: Congressional Budget Office.

The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a Security and the problems of the sol- previous order of the House, the gentle- previous order of the House, the gentle- vency of Social Security and the fact woman from Ohio (Ms. KAPTUR) is rec- woman from the Virgin Islands (Mrs. that Social Security was going broke ognized for 5 minutes. CHRISTENSEN) is recognized for 5 min- because it was so, for lack of a better (Ms. KAPTUR addressed the House. utes. word, demagogued in political cam- Her remarks will appear hereafter in (Mrs. CHRISTENSEN addressed the paigns. the Extensions of Remarks.) House. Her remarks will appear here- When I introduced my first Social Se- after in the Extensions of Remarks.) f curity bill, 9 years ago now, my oppo- f The SPEAKER pro tempore. Under a nents in the next election said, well, previous order of the House, the gentle- SOCIAL SECURITY the gentleman from Michigan (Mr. SMITH) is trying to harm Social Secu- woman from California (Ms. LEE) is The SPEAKER pro tempore. Under recognized for 5 minutes. the Speaker’s announced policy of Jan- rity and your Social Security is in dan- (Ms. LEE addressed the House. Her uary 7, 2003, the gentleman from Michi- ger. And of course seniors, better than half of whom depend on Social Secu- remarks will appear hereafter in the gan (Mr. SMITH) is recognized for half Extensions of Remarks.) the time until midnight. rity for over 90 percent of their retire- Mr. SMITH of Michigan. Mr. Speak- ment income, were concerned. And so f er, tonight, while we discuss issues, it took a lot of speeches on my part, I The SPEAKER pro tempore. Under a there are two global forces proceeding gave 200 speeches in my district in my previous order of the House, the gen- on a collision course. The first is the first 4 years in Congress, explaining tleman from Ohio (Mr. STRICKLAND) is aging of society. This does not mean what the problems of Social Security recognized for 5 minutes. that each one of us is getting older, are. So the people in the 7th Congres- (Mr. STRICKLAND addressed the which is true, but rather that the el- sional District of Michigan understand House. His remarks will appear here- derly population is increasing more the charts that I am going to go after in the Extensions of Remarks.) rapidly than the population as a whole. through tonight and the predicament that Social Security faces and the fact f The second is that Social Security sys- tems which provide most elderly people that it is going to be insolvent very The SPEAKER pro tempore. Under a shortly. previous order of the House, the gentle- financial support are not sustainable as woman from Texas (Ms. JACKSON-LEE) they are recently structured because as Social Security is a pay-as-you-go is recognized for 5 minutes. people are getting older the birthrate system. And unlike privately invested (Ms. JACKSON-LEE of Texas ad- is also decreasing. savings accounts, where contributions dressed the House. Her remarks will The paths of these forces ultimately are invested in wealth-producing assets appear hereafter in the Extensions of will affect most countries of the world, for retirement, Social Security bene- Remarks.) both developed and lesser developed. fits, the taxes that come in to pay your The wages of employees and workers Social Security, are immediately sent f will be going down and the security of out as benefits. So it is a generation The SPEAKER pro tempore. Under a the elderly and the people’s very eco- transfer of wealth. Younger workers previous order of the House, the gen- nomic well-being will be disrupted. today are paying in their FICA tax, tleman from Louisiana (Mr. JEFFER- I would suggest, Mr. Speaker, that their Social Security tax, and almost SON) is recognized for 5 minutes. much is at stake and the challenges are immediately by the time it gets to the (Mr. JEFFERSON addressed the real, but the opportunities are also un- Social Security Administration that House. His remarks will appear here- precedented. As few as 6 years ago it money is sent out in benefits for exist- after in the Extensions of Remarks.) was very unpopular to discuss Social ing retirees.

VerDate jul 14 2003 06:16 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.106 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7941 And of course it is sort of like a dent. The Senate said, look, it should Because Social Security solutions are chain letter. If you can imagine, gov- be privately owned accounts. We are complicated by other spending, I want ernment is saying, well, look, you pay going to force people to take a portion to demonstrate with this chart what is to the names at the top of this list, you of their earnings and put it in a savings happening to Federal spending. It was add your name to the bottom of the account, an investment account, for President Reagan that said we are list, and then in later years, all of the their future retirement, but it is going spending worse than drunken sailors people under you on that list will be to be owned by the workers. The House, and the sailors were offended, but gov- sending you money. Well, the success on the other hand, passed legislation ernment has been growing at 2 and 3 of a pay-as-you-go system like Social that suggested that, look, government times the rate of inflation, so govern- Security is predicated on the fact that would handle all of this money coming ment is getting bigger and bigger. And there is going to be a growing worker in and then government would keep we are doing that not with tax reve- population, or at least the worker pop- that money and pay it out when the nues coming in, because it is unpopular ulation as a percentage of the number time came for these retirees to retire. to raise taxes, so it is sort of a tricky of retirees is not going to dwindle. And In the conference committee, the ar- system which has been devised which of course right now the number of gument from the House was very will simply borrow the money so people workers per senior in many countries strong. They said, look, we just went back home cannot really see that that of the world is going down. through this terrible depression; we extra borrowing affects their lives, We can talk about the extreme prob- need government to control this money nothing like what they see when they lems that are now facing Japan and instead of having individuals maybe in- pay their tax bill, so we have continued Italy and France and Germany. In vesting in something they should not borrowing. So the debt of this country France, for example, Mr. Speaker, invest in. So let us have the govern- is now growing very rapidly. We now their payroll tax in France is 51 per- ment control it. So it ended up with a have a debt of $6.8 trillion, and the cent of the paycheck that they earn. compromise of what we have today as total debt is approaching $10 trillion in Now that means that the company is Social Security with workers paying the next 10 years. deducting that 51 cents from their pay, into the Social Security System, the This middle green line is the debt and what they cannot deduct from the government taking all this money, and held by the public. That has been going pay because they cannot hire employ- then paying it out when somebody up. We had a little downside during the ees, then they have to increase in the would retire. good years of 1999 and 2000 and 2001, but price of their product. So two things b 2320 even that is going to continue to in- crease. But the dramatic increase is happen: the worker earns less than Now, since 1983 when we had the huge the bottom purple line, and that is the they might otherwise earn and the tax increase on Social Security, the amount that we are borrowing from price of the product goes up. So that Greenspan commission said well, So- Social Security. So we continue to bor- particular company is less competitive cial Security is going broke, we are row from Social Security, and that than other countries that do not have going to cut benefits and increase means that the total debt, what we are that kind of huge burden of accommo- taxes, so we had a huge tax increase. dating their senior population. Since 1983, there has been extra surplus borrowing from Wall Street, and now Germany is approaching a 40 percent money coming in from the FICA tax, so much of that borrowing is from payroll tax deduction. In the United and part of the problem is instead of other countries. Because of our trade States we have a 15 percent payroll de- that extra surplus money being in- deficit, they invest their money in this duction. We have 12.4 for Social Secu- vested and gaining returns, this Cham- country and now they own more of this rity and the remainder is for Medicare ber, the Senate, the President, has country than I think we should be com- and Medicaid, the Medicare part A and spent that money every year for some fortable with, but that is another de- Medicare part B. other purpose. In the pretense of hav- bate. But the total debt of this country I put this first chart up to sort of re- ing a lockbox in a couple of the good is the sum of what we are borrowing on view the history of the United States years, we borrowed that money from Wall Street plus what we have bor- and how Social Security first got start- Social Security and we paid down some rowed from Social Security, and it is ed. We went through the very severe of the public debt, the Wall Street approaching $10 trillion. depression of the late 1920s and early debt, but we still used it. It was gone The Congressional Budget Office just 1930s, and Franklin Delano Roosevelt instead of being invested. made their predictions last Friday said, look, there needs to be some kind I wanted to show a pie chart of how which is that for this year, 2003, the of a forced savings program so that old we spend the revenues coming into the deficit spending, how much more we people do not have to go over the hill Federal Government to demonstrate are spending than what we are taking to the poor house and live in poverty. just how big Social Security is as a in, if we include what we are borrowing There should be some kind of security total part of total government expendi- from Social Security, is $560 billion in for these people. So he suggested a tures that are now approaching $2.2 2003, $640 billion in 2004. forced savings plan while people were trillion. And I am not sure Members Is that bad? Is that a lot of money? working, to take some of those earn- can read the numbers, but Social Secu- Maybe putting it in perspective, what ings and, in effect, put it aside so we rity is 22 percent of the total Federal are we, 227 years old as a country. In had that social security, those benefits budget compared to defense. Even with the first 200 years of this country, we that could be paid out in retirement. Iraq and Afghanistan at 18 percent, amassed a debt of $500 billion, and now When Franklin Roosevelt created the other domestic discretionary spending, we are going over $500 billion deeper in Social Security program over 6 decades all of the 13 appropriations bills which debt every year. I think it is important ago, he wanted it to feature a private go through this Chamber that we spend to remember that those current tax- sector component to build retirement half the year arguing about, those 13 payers and citizens do not feel the pain income. Social Security was supposed appropriations bills for discretionary of this extra borrowing and extra debt. to be one leg of a three-legged stool to spending only amount to 19 percent. The deficit is how much we overspend support retirees. It was supposed to go The point I am trying to make is So- in 1 year over and above the revenues hand in hand with personal savings and cial Security is the largest part of the that are coming in, and debt is the ac- private pension plans. total budget and the problem is that if cumulation of those annual deficits. Researching the archives of some of we have seniors living longer, that part But debt and deficit is the promise of the debate in the House and the Senate of the pie is getting bigger and bigger. future taxes. Who is going to pay these was very interesting. Back in 1934 and If we add prescription drugs to Medi- future taxes? It is our kids and 1935, as it turned out, the Senate pro- care, then the green-eyeshade predic- grandkids that we are imposing this posal, and of course what we do here is tors are predicting that within 50 years burden on, saying we think our prob- the Senate passes one bill, the House Medicare will be a larger expense than lems are so great today that we are passes another, then it goes to con- Social Security, but essentially taking going to borrow this money that you ference committee for the final com- up to over half of all Federal revenues have to pay back somehow in future promise before we send it to the Presi- spent for Social Security and Medicare. years because we think our problems

VerDate jul 14 2003 06:16 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.218 H04PT1 H7942 CONGRESSIONAL RECORD — HOUSE September 4, 2003 are so important today that we are most all those now under age 55. The that Social Security is an important going to make you pay back the cost of stakes are high, trillions of dollars.’’ program to so many Americans, cur- this overspending that this Congress, That is 1991. rent and future retirees, that we sim- this House, this Senate, this President, The next quote is from 1994: ‘‘Failing ply should not overlook it. the last President, the President before to take prompt action on Social Secu- I just am so discouraged that there him, have decided it is reasonable to rity will burden our children and our has been little reaction from the House put you deeper in debt. grandchildren with benefit cuts and or the Senate in developing solutions Right now every man, woman, and crippling taxes.’’ That was Representa- to Social Security. By my count, there child in this country owe over $26,000. tive NICK SMITH. When I came to Con- have only been 26 Members since I A baby is born, that baby has a debt of gress in 1993, I already had my first So- came to Congress in 1993, only 26 Mem- $26,000 burden for the rest of his life cial Security bill. So every 2-year ses- bers that have signed on to the Social that sometime is going to have to be sion I have introduced another Social Security solution bill that would keep accommodated. Security bill. Since 1994, they have all Social Security solvent. Here is my one-glance chart. The red been scored by the Social Security Ad- Let me move ahead with the charts. means how deep we are going to be in ministration to keep Social Security Insolvency is certain. We know how trouble with Social Security in future solvent. I came to Congress and went many people there are and we know years. The short purple-blue here is the on the Budget Committee, in my first when they are going to retire. We know surplus, the extra money, the money year, freshman year in Congress, I in- that people will live longer in retire- that is greater than the benefits being troduced a budget that balanced the ment. We know how much they will paid out that is coming in in FICA budget for this country because I felt pay in and how much they will take taxes and Social Security taxes right so strongly as a farm kid from Michi- out. Payroll taxes will not cover bene- now. And the only reason again that we gan that government should act like fits starting in 2017 and the shortfalls have this extra amount coming in, as it we ask families to act, that they can- will add up to $120 trillion between 2017 turns out it was a mistake in 1983. not just go deeper and deeper into debt and 2075. $120 trillion over those years They calculated the increased tax on and never pay it back. Somehow there is the same as putting that nine to $10 Social Security that was needed. They has to be some kind of a plan where billion in a savings account today. calculated higher than they actually eventually you start paying back all If we are to increase taxes to cover needed, so we have had huge surpluses the debt you earn. Right now we have these deficits, again that means that coming in because those surpluses are the interest on the debt, if we were to the taxes come out of the hide of those going to run out simply because the go back to that pie chart, is approach- workers for less income or it means baby boomers are going to start retir- ing $300 billion, but this is at record higher prices that that company ing in the next few years, and those low interest rates. If interest goes back charges when they sell their products. baby boomers that are at the top of to normal, then the servicing of that So somehow people are paying that their earning, paying in maximum So- debt, the interest payment on that tax. Doing nothing means tax increases cial Security taxes, are going to go debt, is going to almost be a much of some kind in the future. into the receiving side of Social Secu- more dramatic part of the whole Fed- I thought this was a fun chart, Mr. rity and taking out maximum benefits. eral Government spending. Speaker. This is how many years it It is a tremendous challenge. The un- And what do we do to pay the inter- takes over the past 60 years that you funded liability is estimated between est on that debt? Do we just simply have to live after retirement to break $9 trillion and $10 trillion today. If we borrow more money, pretending that even on the Social Security taxes that are going to keep Social Security sol- sometime in future years our kids and you have sent to government. If you vent for the next 75 years, it would our grandkids will magically come up were lucky, in 1940 since that was just take between $9–10 trillion today to put with the productivity and the competi- the beginning, you could get back all into an investment fund to accommo- tiveness internationally to pay off this you and your employer put in in 2 date the shortage of revenues as op- debt that we are accumulating today? I months. By 1980, you had to live 4 years posed to promised benefits. think we should be ashamed of our- after retirement. In 1995, you had to selves. live 16 years after retirement. It keeps 2330 b I get off the track here, but let me go going up because we keep over these This chart represents the problems of through a few more of these quotes years increasing the taxes that you pay fewer workers being responsible to pay which I am trying to simply dem- in, so you are paying in more money, the retirement benefits of our retirees onstrate that we have known for a long benefits are not increasing proportion- in this country. In 1940 there were 38 time that it has been a problem. This is ally that much so you end up having to workers working for every person over in 1996 and it is the former Secretary of live longer to break even on Social Se- age 65. By the year 2000, it was three Commerce and the Concord Coalition curity. The purpose of this chart is to workers. The projection by the actu- President, Peter Peterson: ‘‘Will Amer- try to start sending the message that aries at the Social Security Adminis- ica grow up before it grows old? Will we Social Security is not a good invest- tration is that by 2025, there will only make the needed Social Security trans- ment for retirement. By 2015, it goes to be two workers working and paying in formation early, intelligently and hu- 26 years that you have to live after you their Social Security tax for every re- manely or procrastinate until delay reach 65 to break even on the money tiree. If we are to give those retirees exacts a huge price from those least you have sent in to Social Security. the same amount, you can see that able to afford it?’’ ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE taxes have to be increased. And so I 1998: ‘‘We face a crisis in the Social The SPEAKER pro tempore (Mr. have another chart that is coming up Security system and we can no longer CARTER). Under the Speaker’s an- pretty soon on how every time we have wait to put it on a sound footing. We nounced policy of January 7, 2003, the been in trouble in this country since need to move from the unreliable pay- gentleman from Michigan (Mr. SMITH) we started Social Security, every time as-you-go system to one based on bene- is recognized for the remainder of the we started running low on funds, we in- fitting from real investment.’’ That time before midnight. creased the tax rate or the tax base, was representative Tim Penny, Demo- Mr. SMITH of Michigan. Mr. Speak- how much the tax rate is on so many crat from Minnesota, 1998. er, I will not take all the time. I will dollars that you might earn. In 1999: ‘‘Time is the enemy of Social cut my speechmaking down a little bit, This is not a new situation in terms Security reform and we should move but allow me to go quickly through of knowing it was a problem. Let me without delay.’’ Actually that came these charts. If you know everything read you a few quotes, starting with from a bipartisan Social Security task that is on these charts, then I would 1991 from the former commissioner of force that I chaired where Democrats suggest, Mr. Speaker, the people that Social Security, Dorcus Hardy, at that and Republicans agreed that we cannot might be watching would be more in- time. He said, and I quote: delay and put off any longer a solution formed on the problems of Social Secu- ‘‘The crisis is coming fast in the life- to make Social Security solvent be- rity than probably many Members of time of a few already retired and of al- cause we knew and Americans know the House and the Senate.

VerDate jul 14 2003 06:16 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.219 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7943 The Social Security trust fund, when talked to the President about it. I ever, and takes the kind of actions of I started making my 200 speeches in talked to Karl Rove about it. They making it optional if one wants to have my district to explain Social Security, agreed that it has got to be one of the a private savings account earned by people thought if government would main issues that we talk about in next them as the worker; but it also guaran- just keep its fingers off the Social Se- year’s campaign. And so, Mr. Speaker, tees that they will get as much back as curity trust fund, not taking that sur- I would hope that everybody that is they would out of Social Security for plus money, that Social Security would interviewing candidates that are run- people who choose not to invest in per- be okay. This chart represents how ning for the U.S. House of Representa- sonal savings accounts. much is in the trust fund, how much tives or running for the United States Economic growth will not fix Social government has borrowed and owes to Senate or running for President to say, Security. We hear quite often when the the trust fund, government does not look, what are your plans to save So- economy gets back on its feet, then know how it is going to pay it back, cial Security? And do not go along there is no problem. The problem is So- but on the books government owes $1.3 with this hogwash rhetoric of saying, cial Security benefits are indexed to trillion to the Social Security trust boy, Social Security is important and wage growth; and when the economy fund. The shortfall that we talked we are going to save it. Ask a follow-up grows, workers pay more in taxes but about earlier between nine and $10 tril- question: How are you going to do also will earn more in benefits when lion is the shortfall that we need today that? Do you know that Social Secu- they retire. So temporarily we have in an investment account receiving in- rity has a liability right now of $10 tril- more taxes coming in, but because terest rate returns to accommodate the lion? Where are you going to come up there is a direct relation between the shortfalls in Social Security. By short- with the money? How are you going to earnings that they have and the taxes falls, I mean how much is needed over do that? they pay in to the benefits that they and above the dollars coming in from So I think it is important that we pin eventually get out, we dig a deeper the FICA tax. every candidate down to make them hole later. Growth makes the numbers A system stretched to its limits. Sev- develop and come up with a plan that look better now, but leaves a larger enty-eight million baby boomers begin is going to save Social Security instead hole to fill later. I think the important point, Mr. retiring in 2008. Social Security spend- of simply glossing over with rhetoric Speaker, is that we have got to do ing exceeds tax revenues in 2017. And that it is an important program and, something. It is just unconscionable, Social Security trust funds go broke in by gosh, we are going to save it. The U.S. trails other countries in and I feel embarrassed that I have not 2037. What that means, Social Security been able to excite more of our Mem- trust funds go broke, that is assuming, saving its retirement system. In the 18 years since Chile offered PRAs, per- bers. I mean, there are important and I think it is a fair assumption, that things going on from Iraq to Afghani- somehow government is going to bor- sonal retirement accounts, 95 percent of Chileans have created accounts. stan to how do we deal with prescrip- row more money or reduce benefits to tion drugs and Medicare. But to put off pay back, but eventually it is going to Their average rate of return has been 11.3 percent a year. Among others, Aus- and not face up to the largest financial pay back what it has borrowed. crisis that we see down the road that is tralia, Britain, Switzerland offer per- going to affect such an important pro- b 2340 sonal retirement accounts. The challenge is where does that There is no Social Security account gram for Americans is not fair. It is money come from? Do we lower bene- with their name on it. I like this quote not fair to our kids. It is not fair to re- tirees. It is not fair to our workers. The fits to save some of the money? Do we from the Office of Management and biggest risk is doing nothing at all. lower spending on other programs, or Budget: ‘‘These (trust fund) balances Social Security has a total unfunded do we increase the income tax? Do we are available to finance future benefit liability of over $9 trillion. It looks increase user fees, or do we increase of payments and other trust fund ex- like about $9.6 trillion. The Social Se- the payroll tax? penditures but only in a bookkeeping curity trust fund contains nothing but This is an interesting chart, Mr. sense. They are claims on the Treasury IOUs. To keep paying promised Social Speaker. The real return of Social Se- that, when redeemed, will have to be fi- Security benefits, the payroll tax will curity is less than 2 percent for most nanced by raising taxes, borrowing have to be increased by nearly 50 per- workers, and it shows a negative return from the public, or reducing benefits or cent or benefits will have to be cut by for some compared to over 7 percent of other expenditures.’’ 30 percent. Probably politically we will the market. If they are very low in- There have been two cases that have not cut benefits. That means that the come and they do not have good food gone before the Supreme Court of the other option is to increase taxes on and they do not have the kind of health United States with people that did not somebody; but here again our busi- care they should, then often they are receive Social Security benefits but nesses, we are losing our manufac- going to die before age 65. So they pay they said, Look, we paid into Social turing base. What bothers me even in money, and then they do not get Security, we deserve those benefits. In more as chairman of the Subcommittee that money back because they do not two different decisions, the Supreme on Research of the Committee on reach 65. The average return is just Court of the United States said there is Science is we have lost 500,000 jobs in under 2 percent, about 1.7 percent, but no entitlement to Social Security ben- the last 3 years, the high-tech jobs; and the Wilshire 5000 index, an index fund efits just because they paid into the if we start putting an extra 50 percent of 5,000 of the leading stocks in this Social Security system. So there price on the products that we are sell- country over the last 10 years, and that should be an acknowledged, a realized ing trying to compete in the world or if includes the last 3 bad years of the Dow danger that if worse comes to worst, we cut the pay of workers, either way in the stock market, the average for government can say we are not going it has a tremendous effect on our abil- the Wilshire fund over and above infla- to pay all those benefits because we do ity to compete. tion is 7 percent. So is there some way not have the money and after all we Increasing payroll taxes, I suggest, is that we can decide that here is some are doing all these other important not the answer. In 1940 the rate was 2 kind of a safe investment, it is going to things; so they need to sacrifice with percent on a base of $3,000; so one could be in the worker’s name so that gov- the rest of the Nation. But if they are pay $60 a year. By 1960 we were running ernment in these cases, in the cases of in their own personal accounts and if out of money again; so we tripled the individuals that might die before they we go to a fixed contribution with rate to 6 percent on the first $4,800 base reach 65, that money still goes into guaranteed returns, the bill I am going for $288 a year. In 1980 we upped it to their estate to go to whoever they to introduce next week, and my press 10.16 percent of the first $25,900 for a choose that it might go to rather than conference is in room 2200 over in the $2,600 possible tax per year. In 2000 we government saying they died too early Rayburn building announcing the bill upped it to 12.4 percent on $76,000, but and they do not get anything. that I am going to introduce on Social the $76,000 was indexed for inflation; so Social Security is a challenge. We Security, it has been scored by the So- now it is 12.4 percent on the first have got to face up to it. I went over to cial Security Administration and it is $84,000. So here again just to dem- the White House a few weeks ago. I keeping Social Security solvent for- onstrate that what we can expect in

VerDate jul 14 2003 06:16 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.222 H04PT1 H7944 CONGRESSIONAL RECORD — HOUSE September 4, 2003 the future if we continue to put off So- tend their remarks and include extra- Pursuant to section 303(a) of the CAA (2 cial Security, the longer we put off the neous material:) U.S.C. 1383(a), the Executive Director of the solution, the more drastic the solution Mr. PALLONE, for 5 minutes, today. Office has obtained approval of the Board of Directors of the Office of Compliance regard- has to be; and I know that because this Mr. RYAN of Ohio, for 5 minutes, ing certain amendments to the Rules of Pro- is my fifth Social Security bill that I today. cedure. Having obtained the Board’s ap- am introducing next week. Mr. EMANUEL, for 5 minutes, today. proval, the Executive Director must then I thank our pages this late at night. Mr. BROWN of Ohio, for 5 minutes, ‘‘publish a general notice of proposed rule- Let me just wrap this up. Our two today. making . . . for publication in the Congres- pages working this late in the evening, Mr. DEFAZIO, for 5 minutes, today. sional Record on the first day on which both one from New Jersey and one from Ari- Mr. DOGGETT, for 5 minutes, today. Houses are in session following such trans- mittal.’’ (Section 303(b) of the CAA, 2 U.S.C. zona. So I thank the pages, and I am Ms. KAPTUR, for 5 minutes, today. 1383(b).) about to conclude. Ms. LEE, for 5 minutes, today. NOTICE Mr. STRICKLAND, for 5 minutes, b 2350 Comments regarding the proposed amend- today. Seventy-eight percent of families pay ments to the Rules of Procedure of the Office Ms. JACKSON-LEE of Texas, for 5 min- of Compliance set forth in this NOTICE are more in payroll taxes than in the in- utes, today. invited for a period of thirty (30) days fol- come tax. The percentage of families Mr. JEFFERSON, for 5 minutes, today. lowing the date of the appearance of this NO- that pay less in payroll taxes than in- Mrs. CHRISTENSEN, for 5 minutes, TICE in the Congressional Record. In addi- come taxes is 22 percent, so the recip- today. tion to being posted on The Office of Compli- rocal is 78 percent. We have raised So- (The following Members (at the re- ance’s section 508 compliant web site (www.compliance.gov). This NOTICE is also cial Security taxes so much on the quest of Mr. SMITH of Michigan) to re- workers that 78 percent pay more in available in the following alternative for- vise and extend their remarks and in- mats: Large Print, Braille. Requests for this the Social Security tax than they do in clude extraneous material:) NOTICE in an alternative format should be the income tax. Mr. SHUSTER, for 5 minutes, today. made to Bill Thompson, Executive Director Personal retirement accounts, they Mr. SMITH of Michigan, for 5 minutes, or Alma Candelaria, Deputy Executive Di- do not come out of Social Security. September 9 and 10. rector, Office of Compliance, at 202/724–9250 (voice) or 202/426–1912 (TDD). They become part of your Social Secu- Mr. NUSSLE, for 5 minutes, today. rity retirement benefits. A worker will Submission of comments must be made in own his or her own retirement account f writing to the Executive Director, Office of Compliance, 110 Second Street, S.E., Room and is limited to safe investments that ADJOURNMENT LA–200, Washington, D.C. 20540–1999. It is re- will earn more than the 1.9 percent Mr. SMITH of Michigan. Mr. Speak- quested, but not required, that an electronic paid by the Social Security. Actually it er, I move that the House do now ad- version of any comments be provided on an is 1.7 percent. journ. accompanying computer disk. Comments The findings of the House Committee may also be submitted by facsimile to the The motion was agreed to; accord- Executive Director at 202–426–1913 (a non- on the Budget Task Force on Social Se- ingly (at 11 o’clock and 52 minutes curity that I chaired several years ago, toll-free number.) Those wishing to receive p.m.), the House adjourned until to- confirmation of the receipt of their com- 4 years ago, after we heard all of the morrow, Friday, September 5, 2003, at 9 ments are requested to provide a self-ad- testimony over a period of a year, we a.m. dressed, stamped post card with their sub- all agreed, Republicans and Democrats, mission. that we have got to do something, that f Copies of submitted comments will be Social Security is going broke, that we available for review at the Office of Compli- NOTICE OF PROPOSED ance, 110 Second Street, S.E., Washington, need to have some guidelines to guide RULEMAKING us in how we revise Social Security, D.C. 20540–1999, on Monday through Friday (non-Federal holidays) between the hours of and the guidelines essentially boiled U.S. CONGRESS, OFFICE OF COMPLIANCE, 9:30 a.m. and 4:30 p.m. down to three statements. Number one Washington, DC, September 4, 2003. Supplementary Information: The Congres- was that we should not affect existing Hon. J. DENNIS HASTERT, sional Accountability Act of 1995 (CAA), PL retirees; number two, that workers Speaker of the House, House of Representatives, 104–1, was enacted into law on January 23, should be able to be even better off Washington, DC. 1995. The CAA applies the rights and protec- tions of 11 federal labor and employment with retirement benefits than they are DEAR MR. SPEAKER: Pursuant to Section statutes to covered employees and employ- today; and the third proposition is that 303(b) of the Congressional Accountability Act of 1995 (2 U.S.C. 1384(b)), I am transmit- ing offices within the Legislative Branch of somehow the changes should not dam- Government. Section 301 of the CAA (2 age our economy in America, but actu- ting on behalf of the Board of Directors the enclosed notice of proposed procedural rule- U.S.C. 1381) establishes the Office of Compli- ally improve the economy. That is why making regulations under Section 303 of the ance as an independent office within that savings and investment is so impor- Act for publication in the Congressional Branch. Section 303 (2 U.S.C. 1383) directs tant. Record. that the Executive Director, as the Chief Op- Mr. Speaker, I urge all my colleagues The Congressional Accountability Act erating Officer of the agency, adopt rules of to be prepared when their constituents specifies that the enclosed notice be pub- procedure governing the Office of Compli- lished on the first day on which both Houses ance, subject to approval by the Board of Di- ask them what are they going to do rectors of the Office of Compliance. The about solving the Social Security prob- are in session following this transmittal. Sincerely, rules of procedure establish the process by lem. which alleged violations of the 11 laws made SUSAN S. ROBFOGEL, f Chair. applicable to the Legislative Branch under the CAA will be considered and resolved. The LEAVE OF ABSENCE OFFICE OF COMPLIANCE rules include procedures for counseling, me- By unanimous consent, leave of ab- The Congressional Accountability Act of diation, and election between filing an ad- sence was granted to: 1995: Proposed Amendments to the Rules of ministrative complaint with the Office of Procedure. Compliance or filing a civil action in U.S. Mr. ACKERMAN (at the request of Ms. Introductory Statement: Shortly after the District Court. The rules also include the PELOSI) for today after 7:00 p.m. and creation of the Office of Compliance in 1995, process for the conduct of administrative the balance of the week on account of Procedural Rules were adopted to govern the hearings held as the result of the filing of an medical reasons. processing of cases and controversies under administrative complaint, and for appeals of f the administrative procedures established in a decision by a hearing officer to the Board Title IV of the Congressional Accountability of Directors of the Office of Compliance, and SPECIAL ORDERS GRANTED Act of 1995 (‘‘CAA,’’ 2 U.S.C. 1401–1407). Those for an appeal of a decision by the Board of By unanimous consent, permission to Rules of Procedure were slightly amended in Directors to the United States Court of Ap- address the House, following the legis- 1998. The existing Rules of Procedure are peals for the Federal Circuit. The rules also available in their entirety on the Office of lative program and any special orders contain other matters of general applica- Compliance’s web site: www.compliance.gov. bility to the dispute resolution process and heretofore entered, was granted to: The web site is fully compliant with section to the operation of the Office of Compliance. (The following Members (at the re- 508 of the Rehabilitation Act of 1973 (29 These proposed amendments to the Rules of quest of Mr. PALLONE) to revise and ex- U.S.C. 794d). Procedure are the result of the experience of

VerDate jul 14 2003 07:12 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.224 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7945 the Office in processing disputes under the § 4.25 Applications for Temporary Variances served or filed by express mail or other forms CAA during the period since the original and other Relief of expedited delivery in which proof of deliv- adoption of these rules in 1995. § 4.26 Applications for Permanent Variances ery to the addressee is provided. Explanation regarding the text of the pro- and other Relief * * * * * posed amendments: The text of the proposed § 4.27 Modification or Revocation of Orders amendments shows [deletions within § 4.28 Action on Applications 1.05 Designation of Representative. italicized brackets], and added text in § 4.29 Consolidation of Proceedings (a) An employee, other charging individual italicized bold. Only subsections of the rules § 4.30 Consent Findings and Rules or Orders or party, a witness, a labor organization, an which include proposed amendments are re- § 4.31 Order of Proceedings and Burden of employing office, an entity alleged to be re- produced in this NOTICE. The insertion of a Proof sponsible for correcting a violation wishing series of small dots (.....) indicates addi- Subpart E—Complaints to be represented by another individual must file with the Office a written notice of des- tional, unamended text within a section has § 5.01 Complaints not been reproduced in this document. The ignation of representative. The representa- § 5.02 Appointment of the Hearing Officer tive may be, but is not required to be, an at- insertion of a series of asterisk (*****) in- § 5.03 Dismissal, Summary Judgment, and dicates that the unamended text of entire torney. During the period of counseling and Withdrawal of Complaint mediation, upon the request of a party, if the sections of the Rules have not been repro- § 5.04 Confidentiality duced in this document. For the text of other Executive Director concludes that a represent- portions of the Rules which are not proposed Subpart F—Discovery and Subpoenas ative of an employee, of a charging party, of to be amended, please access the Office of § 6.01 Discovery a labor organization, of an employing office, Compliance web site at www.compliance.gov. § 6.02 Requests for Subpoenas or of an entity alleged to be responsible for Proposed Amendments § 6.03 Service correcting a violation has a conflict of inter- § 6.04 Proof of Service est, the Executive Director may, after giving PART I—OFFICE OF COMPLIANCE § 6.05 Motion to Quash the representative an opportunity to respond, OFFICE OF COMPLIANCE RULES OF § 6.06 Enforcement disqualify the representative. In that event, PROCEDURE Subpart G—Hearings the period for counseling or mediation may be extended by the Executive Director for a rea- As Amended—February 12, 1998 (Subpart § 7.01 The Hearing Officer sonable time to afford the party an oppor- A, section 1.02, ‘‘Definitions’’), and as pro- § 7.02 Sanctions tunity to obtain another representative. posed to be amended in 2003. § 7.03 Disqualification of the Hearing Officer TABLE OF CONTENTS § 7.04 Motions and Prehearing Conference * * * * * Subpart A—General Provisions § 7.05 Scheduling the Hearing 2.03 Counseling. § 1.01 Scope and Policy § 7.06 Consolidation and Joinder of Cases (a) Initiating a Proceeding; Formal Request § 1.02 Definitions § 7.07 Conduct of Hearing; Disqualification for Counseling. In order to initiate a pro- § 1.03 Filing and Computation of Time of Representatives ceeding under these rules, an employee shall § 1.04 Availability of Official Information § 7.08 Transcript [formally] file a written request for coun- § 1.05 Designation of Representative § 7.09 Admissibility of Evidence seling [from] with the Office regarding an al- § 1.06 Maintenance of Confidentiality § 7.10 Stipulations leged violation of the Act, as referred to in § 1.07 Breach of Confidentiality Provisions § 7.11 Official Notice section 2.01(a) above. All [formal] requests § 7.12 Confidentiality Subpart B—Pre-Complaint Procedures Appli- for counseling shall be confidential, unless § 7.13 Immediate Board Review of a Ruling cable to Consideration of Alleged Violations the employee agrees to waive his or her right by a Hearing Officer of Part A of Title II of the Congressional Ac- to confidentiality under section 2.03(e)(2), § 7.14 Briefs countability Act of 1995 below. § 7.15 Closing the record ..... § 2.01 Matters Covered by Subpart B § 7.16 Hearing Officer Decisions; Entry in (c) When, How, and Where to Request Coun- § 2.02 Requests for Advice and Information Records of the Office seling. A [formal] request for counseling must § 2.03 Counseling Subpart H—Proceedings before the Board be in writing, and [: (1)] shall be [made] filed § 2.04 Mediation with the Office of Compliance at Room LA– § 2.05 Election of Proceedings § 8.01 Appeal to the Board 200, 110 Second Street, S.E., Washington, D.C. § 2.06 Filing of Civil Action § 8.02 Reconsideration § 8.03 Compliance with Final Decisions, Re- 20540–1999; telephone 202–724–9250; FAX 202– Subpart C—[Reserved (Section 210—ADA quests for Enforcement 426–1913; TDD 202–426–1912, not later than Public Services)] § 8.04 Judicial Review 180 days after the alleged violation of the Subpart D—Compliance, Investigation, En- Act.[;] [(2) may be made to the Office in per- Subpart I—Other Matters of General forcement and Variance Procedures under son, by telephone, or by written request; (3) Applicability Section 215 of the CAA (Occupational Safety shall be directed to: Office of Compliance, and Health Act of 1970) Inspections, Cita- § 9.01 Filing, Service and Size Limitations of Adams Building, Room LA–200, 110 Second tions, and Complaints Motions, Briefs, Responses and other Doc- Street, S.E., Washington, D.C. 20540–1999; uments § 4.01 Purpose and Scope telephone 202–724–9250; FAX 202–426–1913; § 9.02 Signing of Pleadings, Motions and § 4.02 Authority for Inspection TDD 202–426–1912.] Other Filings; Violations of Rules; Sanc- § 4.03 Request for Inspections by Employees ..... tions and Employing Offices (l) Conclusion of the Counseling Period and § 9.03 Attorney’s Fees and Costs § 4.04 Objection to Inspection Notice. The Executive Director shall notify § 9.04 Ex parte Communications § 4.05 Entry Not a Waiver the employee in writing of the end of the § 9.05 Settlement Agreements § 4.06 Advance Notice of Inspection counseling period, by certified mail, return § 9.06 Destruction of Closed Files § 4.07 Conduct of Inspections receipt requested, or by personal delivery. § 9.07 Payment of Decisions or Awards under § 4.08 Representatives of Employing Offices The Executive Director, as part of the notifi- Section 415(a) of the Act. and Employees cation of the end of the counseling period, § 9.0[6]8 Revocation, Amendment or Waiver § 4.09 Consultation with Employees shall inform the employee of the right and of Rules § 4.10 Inspection Not Warranted; Informal obligation, should the employee choose to Review * * * * * pursue his or her claim, to file with the Of- fice a request for mediation within 15 days § 4.11 Citations § 1.03 Filing and Computation of Time. § 4.12 Imminent Danger after receipt by the employee of the notice of (a) Method of Filing. Documents may be § 4.13 Posting of Citations the end of the counseling period. filed in person or by mail, including express, ..... § 4.14 Failure to Correct a Violation for overnight and other expedited delivery. (m) Employees of the Office of the Architect Which a Citation Has Been Issued; Notice When specifically authorized by the Executive of the Capitol and the Capitol Police. of Failure to Correct Violation; Complaint Director, any document may also be filed by (1) Where an employee of the Office of the § 4.15 Informal Conferences electronic transmittal in a designated format. Architect of the Capitol or of the Capitol Po- § 4.16 Comments on Occupational Safety and Requests for counseling under section 2.03, lice requests counseling under the Act and Health Reports requests for mediation under section 2.04 and these rules, the Executive Director may rec- Rules of Practice for Variances, Limitations, complaints under section 5.01 of these rules ommend that the employee use the griev- Variations, Tolerances, and Exemptions may also be filed by facsimile (FAX) trans- ance procedures of the Architect of the Cap- § 4.20 Purpose and Scope mission. . . . . itol or the Capitol Police. The term ‘griev- § 4.21 Definitions ..... ance procedures’ refers to internal proce- § 4.22 Effect of Variances (d) Service or filing of documents by cer- dures of the Architect of the Capitol and the § 4.23 Public Notice of a Granted Variance, tified mail, return receipt requested. When- Capitol Police that can provide a resolution Limitation, Variation, Tolerance, or Ex- ever these rules permit or require service or of the matter(s) about which counseling was emption filing of documents by certified mail, return requested. Pursuant to section 401 of the Act § 4.24 Form of Documents receipt requested, such documents may also be and by agreement with the Architect of the

VerDate jul 14 2003 07:12 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.039 H04PT1 H7946 CONGRESSIONAL RECORD — HOUSE September 4, 2003 Capitol and the Capitol Police Board, when employing office wishes to have its written § 9.01 Filing, Service and Size Limitations of the Executive Director makes such a rec- comments appended to the report, it shall sub- Motions, Briefs, Responses and other Docu- ommendation, the following procedures shall mit such comments to the General Counsel no ments. apply: later than 48 hours prior to the scheduled (a) Filing with the Office; Number. One origi- ..... issuance date. The General Counsel shall ei- nal and three copies of all motions, briefs, (ii) After having contacted the Office and ther include the written comments without al- responses, and other documents must be having utilized the grievance procedures of teration as an appendix to the report, or im- filed, whenever required, with the Office or the Architect of the Capitol or of the Capitol mediately decline the request for their inclu- Hearing Officer. However, when a party ag- Police Board, the employee may notify the sion. If the General Counsel declines to in- grieved by the decision of a Hearing Officer Office that he or she wishes to return to the clude the submitted comments, the employing or other determination reviewable by the procedures under these rules: office(s) may submit said denial to the Board Board files an appeal with the Board, one (A) within [10] 60 days after the expiration of Directors which, in its sole discretion, shall original and seven copies of both any appeal of the period recommended by the Executive review the matter and issue a final and non- brief and any responses must be filed with Director, if the matter has not been resolved; appealable decision solely regarding inclu- the Office. The Officer, Hearing Officer, or or sion of the employing office(s) comments prior Board may also require a party to submit an (B) within 20 days after service of a final to the issuance of the report. Submissions to electronic version of any submission on a disk decision resulting from the grievance proce- the Board of Directors in this regard shall be in a designated format. dures of the Architect of the Capitol or the made expeditiously and without regard to the ..... Capitol Police Board. requirements of subpart H of these rules. In * * * * * * * * * * no event shall the General Counsel be re- quired by the Board to postpone the issuance § 9.03 Attorney’s fees and costs. 2.04 Mediation. of a report for more than five days. (a) Request. No later than 20 days after the ..... entry of a Hearing Officer’s decision under (e) Duration and Extension. * * * * * section 7.16 or after service of a Board deci- (1) The mediation period shall be 30 days § 5.03 Dismissal, Summary Judgment, and sion by the Office, the complainant, if he or beginning on the date the request for medi- Withdrawal of Complaints. she is a prevailing party, may submit to the ation is received, unless the Office grants an ..... Hearing Officer who heard the case initially extension. (d) Summary Judgment. A Hearing Officer a motion for the award of reasonable attor- (2) The Office may extend the mediation may, after notice and an opportunity to re- ney’s fees and costs, following the form spec- period upon the joint written request of the spond, issue summary judgment on some or ified in paragraph (b) below. All motions for parties to the attention of the Executive Direc- all of the complaint. attorney’s fees and costs shall be submitted to tor. The request [may be oral or] shall be ([d]e) Appeal. A [dismissal] final decision the Hearing Officer. [The Board or t] The written and [shall be noted and] filed with by the Hearing Officer made under section Hearing Officer, after giving the respondent the Office no later than the last day of the 5.03(a)–(c) or 7.16 of these rules may be sub- an opportunity to reply, shall rule on the mediation period. The request shall set forth ject to appeal before the Board if the ag- motion. the joint nature of the request and the rea- grieved party files a timely petition for re- ..... sons therefor, and specify when the parties view under section 8.01. ***** expect to conclude their discussions. Request ([e]f) . . . . . §9.05 Informal Resolutions and Settlement for additional extensions may be made in the ([f]g) . . . . . Agreements same manner. Approval of any extensions * * * * * shall be within the sole discretion of the Of- ..... fice. § 7.02 Sanctions (b) Formal Settlement Agreement. The parties may agree formally to settle all or part of a ..... (a) The Hearing Officer may impose sanc- disputed matter in accordance with section (i) Conclusion of the Mediation Period and tions on a party’s representative for inappro- 414 of the Act. In that event, the agreement Notice. If, at the end of the mediation period, priate or unprofessional conduct. the parties have not resolved the matter (b) The Hearing Officer may impose sanc- shall be in writing and submitted to the Ex- that forms the basis of the request for medi- tions upon the parties under, but not limited ecutive Director for review and approval. If ation, the Office shall provide the employee, to, the circumstances set forth in this sec- the Executive Director does not approve the and the employing office, and their rep- tion. settlement, such disapproval shall be in writ- resentatives, with written notice that the ([a]1) Failure to Comply with an Order. When ing, shall set forth the grounds therefor, and mediation period has concluded. The written a party fails to comply with an order (includ- shall render the settlement ineffective. notice to the employee will be sent by cer- ing an order for the taking of a deposition, (c) Requirements for a Formal Settlement Agreement. A formal settlement agreement re- tified mail, return receipt requested, or will for the production of evidence within the quires the signature of all parties on the be hand delivered, and it will also notify the party’s control, or for production of wit- employee of his or her right to elect to file nesses), the Hearing Officer may: agreement document before the agreement can be submitted to the Executive Director. A a complaint with the Office in accordance ([1]a) . . . . . with section 5.01 of these rules or to file a ([2]b) . . . . . formal settlement agreement cannot be re- civil action pursuant to section 408 of the ([3]c) . . . . . scinded after the signatures of all parties Act and section 2.06 of these rules. ([4]d) . . . . . have been affixed to the agreement, unless by written revocation of the agreement volun- * * * * * * * * * * tarily signed by all parties, or as otherwise re- 2.06 Filing of Civil Action. § 8.01 Appeal to the Board. quired by law. (d) Violation of a Formal Settlement Agree- ...... ment. If a party should allege that a formal (c) Communication Regarding Civil Actions (b)(1) Unless otherwise ordered by the settlement agreement has been violated, the Filed with District Court. Board, within 21 days following the filing of issue shall be determined by reference to the (1) The party filing any civil action with the a petition for review to the Board, the appel- formal dispute resolution procedures of the United States District Court pursuant to sec- lant shall file and serve a supporting brief in agreement. If the particular formal settlement tions 404(2) and 408 of the Act should simul- accordance with section 9.01 of these rules. agreement does not have a stipulated method taneously provide a copy of the complaint to That brief shall identify with particularity for dispute resolution of an alleged violation the Office. those findings or conclusions in the decision of the agreement, the following dispute resolu- (2) No party to any civil action referenced and order that are challenged and shall refer tion procedure shall be deemed to be a part of in paragraph (1) shall request information specifically to the portions of the record and each formal settlement agreement approved from the Office regarding the proceedings the provisions of statutes or rules that are by the Executive Director pursuant to section which took place pursuant to sections 402 or alleged to support each assertion made on 414 of the Act: Any complaint regarding a vio- 403 related to said civil action, unless said appeal. lation of a formal settlement agreement may party notifies the other party(ies) to the civil (2) Unless otherwise ordered by the Board, be filed with the Executive Director no later action of the request to the Office. The Office within 21 days following the service of the than 60 days after the party to the agreement will determine whether the release of such in- appellant’s brief, the opposing party may file becomes aware of the alleged violation. Such formation is appropriate under the Act and and serve a reply brief. complaints may be referred by the Executive the Rules of Procedure. (3) Upon delegation by the Board, the Exec- Director to a Hearing Officer for a final and * * * * * utive Director is authorized to determine any request for extensions of time to file any docu- binding decision. The procedures for hearing § 4.16 Comments on Occupational Safety and ment or submission with the Board. Such del- and determining such complaints shall be Health Reports. The General Counsel will pro- egation shall continue until revoked by the governed by subparts F, G, and H of these vide to responsible employing office(s) a copy Board. rules. of any report issued for general distribution § 9.06 Destruction of Closed Files. Closed case ..... not less than seven days prior to the date files regarding counseling, mediation, hear- scheduled for its issuance. If a responsible * * * * * ing, and/or appeal may be destroyed during

VerDate jul 14 2003 07:12 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00104 Fmt 7634 Sfmt 6333 E:\CR\FM\A04SE7.044 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7947 the calendar year in which the fifth anniver- 3958. A letter from the Director, Office of 3970. A letter from the FMCSA Regulatory sary of the closure date occurs, or during the Standards, Regulations, and Variances, De- Officer, Department of Transportation, calendar year in which the fifth anniversary partment of Labor, transmitting the Depart- transmitting the Department’s final rule— of the conclusion of all adversarial pro- ment’s final rule— Improving and Elimi- Safety Requirements for Operators of Small ceedings in relation thereto occurs, whichever nating Regulations, Phase 5, Miscellaneous Passenger-Carrying Commercial Motor Vehi- period ends later. Technology Improvements (Methane Test- cles Used in Interstate Commerce [Docket § 9.07 Payment of Decisions, Awards, or Settle- ing) (RIN: 1219-AA98) received September 2, No. FMCSA-2000-7017] (RIN: 2126-AA52) re- ments under section 415(a) of the Act. When- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the ceived August 21, 2003, pursuant to 5 U.S.C. ever a decision or award pursuant to sections Committee on Education and the Workforce. 801(a)(1)(A); to the Committee on Transpor- 405(g), 406(e), 407, or 408 of the Act, or an ap- 3959. A letter from the Deputy Director, tation and Infrastructure. proved settlement pursuant to section 414 of Defense Security Cooperation Agency, trans- 3971. A letter from the Program Analyst, the Act, require the payment of funds pursu- mitting notification concerning the Depart- FAA, Department of Transportation, trans- ant to section 415(a) of the Act, the decision, ment of the Army’s Proposed Letter(s) of mitting the Department’s final rule—Air- award, or settlement shall be submitted to the Offer and Acceptance (LOA) to the Nether- worthiness Directives; Lockheed Martin Executive Director to be processed by the Of- lands for defense articles and services Models L-1011 Airplanes and Rolls-Royce plc fice for requisition from the account of the Of- (Transmittal No. 03-32), pursuant to 22 U.S.C. RB211 Series Turbofan Engines [Docket No. fice of Compliance in the Department of the 2776(b); to the Committee on International 2000-NM-369-AD; Amendment 39-13240; AD Treasury, and payment. Relations. 2003-14-21] (RIN: 2120-AA64) received August § 9.0[6]8 Revocation, Amendment or Waiver of 3960. A letter from the Deputy Director, 21, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Rules. Defense Security Cooperation Agency, trans- the Committee on Transportation and Infra- ..... mitting notification concerning the Depart- structure. ment of the Army’s Proposed Letter(s) of 3972. A letter from the transmitting the f Offer and Acceptance (LOA) to Canada for Department’s final rule —, pursuant to 5 EXECUTIVE COMMUNICATIONS, defense articles and services (Transmittal U.S.C. 801(a)(1)(A); to the Committee on ETC. No. 03-29), pursuant to 22 U.S.C. 2776(b); to Transportation and Infrastructure. the Committee on International Relations. 3973. A letter from the Chief, Regulations Under clause 8 of rule XII, executive 3961. A letter from the Chairman, Council Unit, Internal Revenue Service, transmitting communications were taken from the of the District of Columbia, transmitting a the Service’s final rule—Guidance Under Speaker’s table and referred as follows: copy of D.C. ACT 15-108, ‘‘Bowling Alley and Section 1502; Application of Section 108 to 3951. A letter from the Administrator, De- Billiard Parlor Act of 2003,’’ pursuant to D.C. Members of a Consolidated Group [TD 9089] partment of Agriculture, transmitting the Code section 1—233(c)(1); to the Committee (RIN: 1545-BC39) received September 2, 2003, Department’s final rule—Change in Min- on Government Reform. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- imum Quality and Handling Standards for 3962. A letter from the Chairman, Council mittee on Ways and Means. Domestic and Imported Peanuts Marketed in of the District of Columbia, transmitting a 3974. A letter from the Chief, Regulations the United States [Docket No. FV03-996-2 copy of D.C. ACT 15-110, ‘‘Closing of a Public Unit, Internal Revenue Service, transmitting IFR] received September 2, 2003, pursuant to Alley in Square 2287, S.O. 01-4263, Act of the Service’s final rule—User Fees for Proc- 5 U.S.C. 801(a)(1)(A); to the Committee on 2003,’’ pursuant to D.C. Code section 1— essing Offers to Compromise [TD 9086] (RIN: Agriculture. 233(c)(1); to the Committee on Government 1545-BA54) received August 19, 2003, pursuant 3952. A letter from the Administrator, De- Reform. to 5 U.S.C. 801(a)(1)(A); to the Committee on partment of Agriculture, transmitting the 3963. A letter from the Chairman, Council Ways and Means. Department’s final rule—Nectarines and of the District of Columbia, transmitting a 3975. A letter from the Chair of the Board, Peaches Grown in California; Revision of copy of D.C. ACT 15-112, ‘‘District of Colum- Office of Compliance, transmitting notice of Handling Requirements for Fresh Nectarines bia Jail Improvement Amendment Act of proposed procedural rulemaking regulations and Peaches [Docket No. FV03-916-2 IFR-A] 2003,’’ pursuant to D.C. Code section 1— under Section 303 of the Congressional Ac- received September 2, 2003, pursuant to 5 233(c)(1); to the Committee on Government countability Act of 1995 for publication in U.S.C. 801(a)(1)(A); to the Committee on Ag- Reform. the Congressional Record, pursuant to 2 riculture. 3964. A letter from the Chairman, Council U.S.C. 1384(b); jointly to the Committees on 3953. A letter from the Administrator, De- of the District of Columbia, transmitting a House Administration and Education and the partment of Agriculture, transmitting the copy of D.C. ACT 15-114, ‘‘Presidential Elec- Workforce. Department’s final rule—Onions Grown in tor Deadline Waiver Temporary Amendment 3976. A letter from the Regulations Coordi- Certain Designated Counties in Idaho, and Act of 2003,’’ pursuant to D.C. Code section nator, Department of Health and Human Malheur County, Oregon; Increased Assess- 1—233(c)(1); to the Committee on Govern- Services, transmitting the Department’s ment Rate and Defined Fiscal Period [Dock- ment Reform. final rule—Medicare Program; Modifications et No. FV03-958-01 FR] received September 2, 3965. A letter from the Chairman, Council to Managed Care Rules [CMS-4041-F] (RIN: 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the of the District of Columbia, transmitting a 0938-AK71) received August 19, 2003, pursuant Committee on Agriculture. copy of D.C. ACT 15-142, ‘‘Lincoln Square to 5 U.S.C. 801(a)(1)(A); jointly to the Com- 3954. A letter from the Administrator, De- Theater Sales and Use Tax Exemption Tem- mittees on Ways and Means and Energy and partment of Agriculture, transmitting the porary Act of 2003,’’ pursuant to D.C. Code Commerce. Department’s final rule—Nectarines and section 1—233(c)(1); to the Committee on 3977. A letter from the Regulations Coordi- Peaches Grown in California; Increased As- Government Reform. nator, Department of Health and Human sessment Rates [Docket No. FV03-916-4 IFR] 3966. A letter from the Chairman, Council Services, transmitting the Department’s received September 2, 2003, pursuant to 5 of the District of Columbia, transmitting a final rule—Medicare Program; Electronic U.S.C. 801(a)(1)(A); to the Committee on Ag- copy of D.C. ACT 15-113, ‘‘Removal and Dis- Submission of Medicare Claims [CMS-0008- riculture. position of Abandoned and Other Unlawfully IFC] (RIN: 0938-AM22) received August 19, 3955. A letter from the Administrator, De- Parked Vehicle Reform Act of 2003,’’ pursu- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); jointly partment of Agriculture, transmitting the ant to D.C. Code section 1—233(c)(1); to the to the Committees on Ways and Means and Department’s final rule—Milk in the Central Committee on Government Reform. Energy and Commerce. Marketing Area [Docket # DA-03-09; AO-313- 3967. A letter from the Chairman, Council f A45] received September 2, 2003, pursuant to of the District of Columbia, transmitting a 5 U.S.C. 801(a)(1)(A); to the Committee on copy of D.C. ACT 15-146, ‘‘Streamlining Reg- REPORTS OF COMMITTEES ON Agriculture. ulation Act of 2003,’’ pursuant to D.C. Code PUBLIC BILLS AND RESOLUTIONS 3956. A letter from the Administrator, De- section 1—233(c)(1); to the Committee on Under clause 2 of rule XIII, reports of partment of Agriculture, transmitting the Government Reform. Department’s final rule—Milk in the Upper 3968. A letter from the Chairman, Council committees were delivered to the Clerk Midwest Marketing Area: Order Amending of the District of Columbia, transmitting a for printing and reference to the proper the Order [Docket No. DA-01-03; AO-361-A35] copy of D.C. ACT 15-109, ‘‘Closing of a Public calendar, as follows: received September 2, 2003, pursuant to 5 Alley in Square 625, S.O. 01-187, Act of 2003,’’ Mr. POMBO: Committee on Resources. U.S.C. 801(a)(1)(A); to the Committee on Ag- pursuant to D.C. Code section 1—233(c)(1); to H.R. 2040. A bill to amend the Irrigation riculture. the Committee on Government Reform. Project Contract Extension Act of 1998 to ex- 3957. A letter from the Administrator, De- 3969. A letter from the Director, Office of tend certain contracts between the Bureau of partment of Agriculture, transmitting the Surface Mining, Department of the Interior, Reclamation and certain irrigation water Department’s final rule—United States transmitting the Department’s final rule— contractors in the States of Wyoming and Standards for Grades of Pistachio Nuts in Substituted Federal Enforcement of Portions Nebraska (Rept. 108–259). Referred to the the Shell, and United States Standards for of Missouri’s Permanent Regulatory Pro- Committee of the Whole House on the State Grades of Shelled Pistachio Nuts [Docket gram and Findings on the Status of Mis- of the Union. Number FV-98-304] received September 2, souri’s Permanent Regulatory Program—re- Mr. SENSENBRENNER: Committee on the 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the ceived August 19, 2003, pursuant to 5 U.S.C. Judiciary. H.R. 2655. A bill to amend and ex- Committee on Agriculture. 801(a)(1)(A); to the Committee on Resources. tend the Irish Peace Process Cultural and

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Training Program Act of 1998 (Rept. 108–260, H.R. 2999. A bill to ensure by law the abil- PALLONE, Mr. MICHAUD, Mr. DEUTSCH, Pt. 1). Referred to the Committee of the ity of the military service academies to in- Ms. CARSON of Indiana, Mr. HINCHEY, Whole House on the State of the Union. clude the offering of a voluntary, non- Mr. WEXLER, Ms. DELAURO, Mr. Mr. HYDE: Committee on International denominational prayer as an element of PAYNE, Ms. LOFGREN, Mr. MCGOVERN, Relations. H.R. 1813. A bill to amend the Tor- their activities; to the Committee on Armed Mr. RANGEL, Mr. OLVER, Mrs. JONES ture Victims Relief Act of 1998 to authorize Services. of Ohio, Mr. GUTIERREZ, Mr. appropriations to provide assistance for do- By Ms. LEE (for herself, Mrs. FALEOMAVAEGA, Mr. ANDREWS, Ms. mestic and foreign centers and programs for CHRISTENSEN, Mr. KUCINICH, Mr. KAPTUR, Mr. RUSH, Mr. DAVIS of Illi- the treatment of victims of torture, and for CUMMINGS, Mr. DAVIS of Illinois, Mr. nois, Mr. SANDERS, Mr. DAVIS of Ten- other purposes (Rept. 108–261 Pt. 1). Ordered OWENS, Mr. JACKSON of Illinois, Ms. nessee, Ms. JACKSON-LEE of Texas, to be printed. WOOLSEY, Mr. PAYNE, Mr. CONYERS, and Ms. WOOLSEY): Mr. OXLEY: Committee on Financial Serv- and Ms. CARSON of Indiana): H.R. 3007. A bill to assist States in estab- ices. H.R. 2622. A bill to amend the Fair H.R. 3000. A bill to establish a United lishing a universal prekindergarten program Credit Reporting Act, to prevent identity States Health Service to provide high qual- to ensure that all children 3, 4, and 5 years theft, improve resolution of consumer dis- ity comprehensive health care for all Ameri- old have access to a high-quality full-day, putes, improve the accuracy of consumer cans and to overcome the deficiencies in the full-calendar-year prekindergarten edu- records, make improvements in the use of, present system of health care delivery; to cation; to the Committee on Education and and consumer access to, credit information, the Committee on Energy and Commerce, the Workforce. and for other purposes; with an amendment and in addition to the Committees on Edu- By Mr. LANGEVIN (for himself, Mr. (Rept. 108–263). Referred to the Committee of cation and the Workforce, and Ways and TOWNS, Mr. NADLER, Mr. HINOJOSA, the Whole House on the State of the Union. Means, for a period to be subsequently deter- Mr. ACEVEDO-VILA, Mr. ETHERIDGE, mined by the Speaker, in each case for con- Ms. DELAURO, Ms. MILLENDER- DISCHARGE OF COMMITTEE sideration of such provisions as fall within MCDONALD, Ms. LINDA T. SANCHEZ of Pursuant to clause 2 of rule XII the the jurisdiction of the committee concerned. California, Mr. MCNULTY, Mr. FROST, Committee on International Relations By Mr. ANDREWS: and Mr. SKELTON): discharged from further consideration. H.R. 3001. A bill to amend title II of the So- H.R. 3008. A bill to direct the Secretary of H.R. 2655 referred to the Committee of cial Security Act to provide that a monthly Education to establish a competitive dem- the Whole House on the State of the insurance benefit thereunder shall be paid onstration grant program to provide funds Union. for the month in which the recipient dies; to for local educational agencies to experiment the Committee on Ways and Means. with ways to alleviate the substitute teacher f By Mr. BEAUPREZ: shortage, and for other purposes; to the Com- REPORTED BILL SEQUENTIALLY H.R. 3002. A bill to amend the Internal Rev- mittee on Education and the Workforce. enue Code of 1986 to suspend the tax exempt REFERRED By Mr. MENENDEZ (for himself, Ms. status of designated foreign terrorist groups, ROS-LEHTINEN, Mr. RODRIGUEZ, Mr. Under clause 2 of rule XII, bills and and for other purposes; to the Committee on BACA, Mr. FOLEY, Mr. TOWNS, Mr. reports were delivered to the Clerk for Ways and Means. ACEVEDO-VILA, Ms. HARMAN, Ms. printing, and bills referred as follows: By Mr. BROWN of South Carolina (for LINDA T. SANCHEZ of California, Mr. himself, Mr. KINGSTON, Mr. SPRATT, ROTHMAN, Ms. JACKSON-LEE of Texas, Mr. HYDE: Committee on International and Mr. WILSON of South Carolina): Mrs. CHRISTENSEN, Mr. HONDA, Mr. Relations. House Joint Resolution 63. Reso- H.R. 3003. A bill to amend title 11, United HINOJOSA, Mr. CONYERS, Mr. ORTIZ, lution to approve the ‘‘Compact of Free As- States Code, to establish a priority for the Mrs. NAPOLITANO, Mr. GUTIERREZ, Mr. sociation, as amended between the Govern- payment of claims for duties paid to the REYES, Ms. NORTON, Ms. CORRINE ment of the United States of America and United States by licensed customs brokers BROWN of Florida, Ms. SOLIS, Mr. the Government of the Federated States of and sureties on behalf of a debtor; to the GONZALEZ, Mr. WELLER, Ms. Micronesia,’’ and the ‘‘Compact of Free Asso- Committee on the Judiciary. MILLENDER-MCDONALD, Ms. ciation, as amended between the Govern- By Mr. DINGELL (for himself, Mr. BORDALLO, Mr. GRIJALVA, Ms. MCCOL- ment of the United States of America and WAXMAN, Mr. MARKEY, Mr. BOUCHER, LUM, Mr. RANGEL, Mr. ENGLISH, Mr. the Government of the Republic of the Mar- Mr. TOWNS, Mr. PALLONE, Mr. BROWN MARIO DIAZ-BALART of Florida, Mr. shall Islands,’’ and otherwise to amend Pub- of Ohio, Mr. GORDON, Mr. DEUTSCH, PASCRELL, Mr. PASTOR, Mr. PAYNE, lic Law 99–239, and to appropriate for the Mr. RUSH, Ms. ESHOO, Mr. STUPAK, Mr. FROST, and Mr. LINCOLN DIAZ- purposes of amended Public Law 99–239 for Mr. ENGEL, Mr. WYNN, Ms. MCCARTHY BALART of Florida): fiscal years ending on or before September of Missouri, Mr. STRICKLAND, Ms. H.R. 3009. A bill to posthumously award a 30, 2023, and for other purposes, with an DEGETTE, Mrs. CAPPS, Mr. DOYLE, Congressional gold medal to Celia Cruz; to amendment; (Rept. 108–262, Pt. I); referred to Mr. ALLEN, Mr. DAVIS of Florida, Ms. the Committee on Financial Services. the Committee on the Judiciary for a period SCHAKOWSKY, and Ms. SOLIS): By Mr. MICHAUD (for himself and Ms. ending not later than September 15, 2003, for H.R. 3004. A bill to improve the reliability LINDA T. SANCHEZ of California): consideration of such provisions of the bill of the Nation’s electric transmission system; H.R. 3010. A bill to provide for the payment and amendment as fall within the jurisdic- to the Committee on Energy and Commerce. or reimbursement by the Federal Govern- tion of that committee pursuant to clause By Mr. DOGGETT (for himself, Mr. ment of special unemployment assistance 1(k), rule X. GEORGE MILLER of California, Mr. paid by States to individuals participating in f MCDERMOTT, Mr. SANDLIN, Mr. qualified worker training programs, and for STARK, Mr. JEFFERSON, Mr. BECERRA, other purposes; to the Committee on Ways TIME LIMITATION OF REFERRED Mr. MATSUI, Mr. KILDEE, Mr. and Means. BILL TIERNEY, Mr. DAVIS of Illinois, Mr. By Mr. SCHIFF (for himself and Mr. Pursuant to clause 2 of rule XII the HASTINGS of Florida, Ms. JACKSON- BERMAN): following action was taken by the LEE of Texas, Mr. RUSH, Mr. WU, Ms. H.R. 3011. A bill to designate the facility of KILPATRICK, Mr. RYAN of Ohio, Ms. the United States Postal Service located at Speaker: LEE, Mr. LAMPSON, Ms. SOLIS, Ms. 135 East Olive Avenue in Burbank, Cali- H.R. 1813. Referral to the Committee on MILLENDER-MCDONALD, Ms. KAPTUR, fornia, as the ‘‘Bob Hope Post Office Build- Energy and Commerce extended for a period Mr. BAIRD, Mr. BROWN of Ohio, Mr. ing’’; to the Committee on Government Re- ending not later than October 3, 2003. VAN HOLLEN, Mr. FARR, Ms. MCCAR- form. H.R. 2655. Referral to the Committee on THY of Missouri, and Mr. STRICK- By Mr. TOWNS (for himself and Mr. International Relations extended for a period LAND): OWENS): ending not later than September 4, 2003. H.R. 3005. A bill to amend title IV of the H.R. 3012. A bill to redesignate the facility House Joint Resolution 63. Referral to the Employee Retirement Income Security Act of the United States Postal Service, located Committee on Resources extended for a pe- of 1974 to improve disclosure of the funding at 315 Empire Boulevard in Crown Heights, riod ending not later than September 15, status of single-employer pension plans; to Brooklyn, New York, as the ‘‘James E. Davis 2003. the Committee on Education and the Work- Post Office Building‘‘; to the Committee on f force. Government Reform. By Mr. HAYWORTH: By Mr. WAMP: PUBLIC BILLS AND RESOLUTIONS H.R. 3006. A bill to improve the safety of H.R. 3013. A bill to require the Secretary of Under clause 2 of rule XII, public houseboat generator exhaust systems; to the Homeland Security to conduct a public hear- Committee on Transportation and Infra- ing before establishing or relocating any bills and resolutions were introduced structure. Quick Response Team that works with State and severally referred, as follows: By Mr. KUCINICH (for himself, Mr. and local law enforcement officers to take il- By Mr. JONES of North Carolina (for CONYERS, Mr. OWENS, Mr. SERRANO, legal and criminal aliens into custody and himself and Mr. WILSON of South Ms. LEE, Mr. NADLER, Ms. NORTON, remove them from the United States; to the Carolina): Mr. GRIJALVA, Ms. SCHAKOWSKY, Mr. Committee on the Judiciary.

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By Mr. WEINER (for himself, Mr. H.R. 394: Mr. STARK. H.R. 1698: Mr. TURNER of Texas. THOMPSON of Mississippi, Ms. BERK- H.R. 442: Mr. UDALL of New Mexico. H.R. 1742: Mr. MCKEON, Mr. CARTER, Mr. LEY, and Mrs. MALONEY): H.R. 463: Mr. YOUNG of Florida and Mr. HALL, and Mr. KIND. H.R. 3014. A bill to amend the Public WELDON of Pennsylvania. H.R. 1769: Mr. CUMMINGS, Mr. FORD, and Health Service Act, the Employee Retire- H.R. 489: Mr. MICA. Mr. DEFAZIO. ment Income Security Act of 1974, chapter 89 H.R. 584: Mr. RAMSTAD and Ms. ROS- H.R. 1783: Mr. DEMINT. of title 5, United States Code, and title 10, LEHTINEN. H.R. 1784: Mr. LINCOLN DIAZ-BALART of United States Code, to require coverage for H.R. 594: Mr. WYNN, Mr. ROGERS of Ala- Florida, Mr. PETERSON of Minnesota, Mrs. the treatment of infertility; to the Com- bama, Mr. MILLER of Florida, Mr. LUCAS of NAPOLITANO, and Mrs. JO ANN DAVIS of Vir- mittee on Energy and Commerce, and in ad- Oklahoma, Ms. MAJETTE, Mr. OBERSTAR, and ginia. dition to the Committees on Education and Mrs. KELLY. H.R. 1813: Mr. HINCHEY and Ms. LORETTA the Workforce, Government Reform, and H.R. 648: Mr. CRANE. S´ ANCHEZ of California. Armed Services, for a period to be subse- H.R. 668: Mr. EHLERS. H.R. 1819: Mr. MICHAUD and Mr. BURR. quently determined by the Speaker, in each H.R. 721: Ms. BALDWIN. H.R. 1859: Mr. KING of New York and Mr. case for consideration of such provisions as H.R. 742: Mr. MOORE. SMITH of Michigan. fall within the jurisdiction of the committee H.R. 745: Mrs. MCCARTHY of New York. H.R. 1873: Mr. GREEN of Wisconsin and Mr. concerned. H.R. 765: Mr. TURNER of Ohio. OTTER. By Mr. WHITFIELD (for himself and H.R. 785: Mr. HYDE, Mr. ROTHMAN, and Mr. H.R. 1894: Mr. FILNER and Mr. WAXMAN. Mr. PALLONE): KINGSTON. H.R. 1902: Mr. BROWN of South Carolina and H.R. 3015. A bill to amend the Public H.R. 792: Mrs. JO ANN DAVIS of Virginia. Ms. ESHOO. Health Service Act to establish an electronic H.R. 802: Mr. BROWN of Ohio. H.R. 1912: Mr. TANNER. system for practitioner monitoring of the H.R. 817: Mr. CROWLEY. H.R. 1943: Mr. SHIMKUS. dispensing of any schedule II, III, or IV con- H.R. 819: Mr. RODRIGUEZ. H.R. 1961: Mr. EHLERS. trolled substance, and for other purposes; to H.R. 857: Mr. ACEVEDO-VILA´ , Mr. VAN H.R. 1988: Mr. BOUCHER. the Committee on Energy and Commerce. HOLLEN, Mr. DELAHUNT, Mr. TOWNS, Mr. H.R. 1998: Ms. LINDA T. SA´ NCHEZ of Cali- By Mr. BARTLETT of Maryland: WEINER, Mrs. MALONEY, Mr. CROWLEY, Mr. fornia, Mr. OLVER, Mr. BRADLEY of New H. Con. Res. 271. Concurrent resolution ACKERMAN, and Mrs. JO ANN DAVIS of Vir- Hampshire, Mr. SMITH of Washington, Mr. congratulating Fort Detrick on 60 years of ginia. LYNCH, Mr. ALLEN, and Mrs. KELLY. service to the United States; to the Com- H.R. 869: Mr. PRICE of North Carolina. H.R. 2028: Mr. TURNER of Texas. mittee on Armed Services. H.R. 873: Mr. MILLER of North Carolina, H.R. 2128: Ms. LINDA T. SA´ NCHEZ of Cali- By Mr. MORAN of Virginia: Mr. DEFAZIO, Mr. MCINTYRE, Mr. GRIJALVA, fornia. H. Con. Res. 272. Concurrent resolution ex- and Mr. MICHAUD. H.R. 2133: Mr. LEWIS of Georgia, Mr. SHAD- pressing the sense of the Congress regarding H.R. 876: Mr. NORWOOD. EGG, and Mr. RAHALL. the 75th anniversary of the Water Environ- H.R. 890: Mr. CASE. H.R. 2154: Mr. BARTLETT of Maryland and ment Federation; to the Committee on H.R. 898: Mr. BRADLEY of New Hampshire Mr. TERRY. Transportation and Infrastructure. and Mr. WALSH. H.R. 2176: Mr. GILLMOR, Mr. DAVIS of Ten- By Mr. SHAW (for himself, Mr. H.R. 947: Mr. FILNER. nessee, Mr. ROGERS of Alabama, Mr. AN- WEXLER, Mr. FOLEY, and Mr. H.R. 973: Mr. NADLER, Mr. CROWLEY, and DREWS, Mr. WICKER, and Mr. COOPER. HASTINGS of Florida): Mrs. JONES of Ohio. H.R. 2181: Mr. WILSON of South Carolina. H. Con. Res. 273. Concurrent resolution rec- H.R. 1005: Mr. ACEVEDO-VILA´ . H.R. 2217: Mr. CASE. ognizing and congratulating the East Boyn- H.R. 1006: Mr. GRIJALVA and Mr. KIND. H.R. 2218: Mr. GORDON and Mr. STARK. ton Beach, Florida, Little League team as H.R. 1043: Mr. MCCOTTER, Mr. ROTHMAN, H.R. 2220: Mr. NEUGEBAUER. the 2003 United States Little League Cham- Mr. KING of New York, and Mr. H.R. 2223: Mr. GOODLATTE. pions; to the Committee on Government Re- RUPPERSBERGER. H.R. 2224: Mr. MCGOVERN. form. H.R. 1077: Mr. BLUMENAUER. H.R. 2228: Mr. HAYWORTH. By Mr. WILSON of South Carolina (for H.R. 1093: Mr. KIND. H.R. 2232: Ms. BALDWIN. himself, Mr. BEREUTER, and Mrs. H.R. 1105: Mr. TANNER. H.R. 2233: Ms. LINDA T. SANCHEZ of Cali- BERSTAR TAUSCHER): H.R. 1225: Mr. O . fornia. H. Res. 355. A resolution commemorating H.R. 1236: Mr. SHAYS. H.R. 2239: Mr. BERMAN, Ms. KILPATRICK, the 100th anniversary of diplomatic relations H.R. 1250: Mr. GARRETT of New Jersey. Mr. GEORGE MILLER of California, Mr. between the United States and Bulgaria; to H.R. 1260: Mr. CHOCOLA. DEFAZIO, Mr. KILDEE, Mr. NADLER, Mr. the Committee on International Relations. H.R. 1294: Ms. WOOLSEY and Mr. MICHAUD. MCDERMOTT, Mr. GRIJALVA, Mr. TOWNS, Mr. H.R. 1301: Mr. MICHAUD. GREEN of Texas, and Mrs. MALONEY. f H.R. 1336: Mr. NUNES, Mr. DOOLEY of Cali- H.R. 2246: Mr. LUCAS of Kentucky, Ms. ADDITIONAL SPONSORS fornia, Mr. CROWLEY, Mr. FORD, Mr. HOLDEN, BERKLEY, Mr. BROWN of Ohio, Mr. RYAN of Mrs. TAUSCHER, Ms. MILLENDER-MCDONALD, Ohio, Mrs. JO ANN DAVIS of Virginia, and Mr. Under clause 7 of rule XII, sponsors Mr. BROWN of Ohio, Mr. NEUGEBAUER, Mr. PASTOR. were added to public bills and resolu- LUCAS of Kentucky, Mrs. MYRICK, and Mr. H.R. 2256: Mr. SHAYS and Ms. LOFGREN. tions as follows: BOYD. H.R. 2301: Mr. NADLER. H.R. 7: Mr. CASE, Mr. DAVIS of Illinois, and H.R. 1345: Mr. ANDREWS and Mr. RANGEL. H.R. 2303: Mr. NEUGEBAUER. Mr. HYDE. H.R. 1421: Ms. LEE and Mr. BAIRD. H.R. 2323: Mr. RUPPERSBERGER and Mr. H.R. 63: Mr. KIND. H.R. 1479: Mr. SHAW. FOLEY. H.R. 110: Mr. HERGER, Mr. KINGSTON, and H.R. 1498: Mr. TERRY. H.R. 2327: Mr. LEWIS of Kentucky. Mr. BEAUPREZ. H.R. 1523: Mr. AKIN, Mr. DOYLE, Mr. H.R. 2347: Mr. KINGSTON and Mr. CALVERT. H.R. 135: Mr. BALLENGER. BONNER, Ms. LOFGREN, Mrs. CAPITO, Mr. H.R. 2364: Mr. OWENS. H.R. 195: Mr. ROGERS of Michigan and Mr. PRICE of North Carolina, Mr. COX, and Mr. H.R. 2379: Mr. MORAN of Kansas. WALSH. GORDON. H.R. 2388: Mr. COOPER. H.R. 218: Mr. BISHOP of Utah, Mr. EVERETT, H.R. 1532: Ms. SOLIS, Mrs. TAUSCHER, Mr. H.R. 2394: Mr. NADLER. and Mr. GARY G. MILLER of California. PAYNE, Mr. MCGOVERN, Ms. ROYBAL-ALLARD, H.R. 2404: Mr. STARK. H.R. 277: Mr. SESSIONS and Mr. RAMSTAD. Mrs. CAPPS, and Mr. WEINER. H.R. 2426: Ms. SOLIS. H.R. 288: Mr. HOLT. H.R. 1552: Mr. FROST and Mr. PRICE of H.R. 2452: Mr. BISHOP of New York, Ms. H.R. 290: Mr. LIPINSKI, Mr. WICKER, Mr. North Carolina. VELAZQUEZ, Mr. REYNOLDS, Mr. RANGEL, and ACKERMAN, Mr. BISHOP of New York, Mr. H.R. 1563: Mr. GRIJALVA, Ms. ESHOO, and Mrs. LOWEY. BRADLEY of New Hampshire, Mr. BACHUS, Mr. Ms. BALDWIN. H.R. 2456: Mr. PASCRELL. MCINTYRE, Mr. BAIRD, Mr. GALLEGLY, Mr. H.R. 1582: Mr. UDALL of New Mexico, Mr. H.R. 2469: Mr. HENSARLING. GINGREY, Mr. DEFAZIO, and Ms. KILPATRICK. THORNBERRY, and Mr. RYAN of Wisconsin. H.R. 2519: Ms. SOLIS. H.R. 296: Ms. ROS-LEHTINEN, Mr. WAMP, Mr. H.R. 1605: Ms. MCCOLLUM, Mr. VAN HOLLEN, H.R. 2521: Mr. PAUL. LEACH, and Mrs. MCCARTHY of New York. and Mr. WYNN. H.R. 2527: Mr. FRANK of Massachusetts. H.R. 306: Mr. SHAYS and Mr. GORDON. H.R. 1606: Mr. FORBES. H.R. 2567: Ms. LEE and Mr. RAMSTAD. H.R. 331: Mr. FRANK of Massachusetts. H.R. 1615: Mr. KILDEE and Mr. KNOLLEN- H.R. 2568: Mr. COOPER. H.R. 333: Mr. DAVIS of Illinois, Mr. BERG. H.R. 2579: Mr. SOUDER, Mr. THORNBERRY, RUPPERSBERGER, and Ms. LEE. H.R. 1626: Mr. LUCAS of Oklahoma. Mr. RAHALL, and Mr. JOHNSON of Illinois. H.R. 338: Mr. BARTLETT of Maryland. H.R. 1676: Mr. WU, MS. HOOLEY of Oregon, H.R. 2583: Mr. RYAN of Ohio, Mr. GONZALEZ, H.R. 339: Mr. BALLANCE. Mr. BOOZMAN, Mr. CUMMINGS, Mr. GILCHREST, Mr. LAMPSON, Mr. ACEVEDO-VILA, Mr. DAVIS H.R. 369: Mr. PORTMAN and Mr. SMITH or and Mr. GERLACH. of Florida, and Mr. BOEHLERT. Michigan. H.R. 1684: Ms. BERKLEY, Mr. ETHERIDGE, H.R. 2584: Mr. DOOLITTLE and Mr. ACEVEDO- H.R. 391: Mr. NEUGEBAUER, Mr. GILCHREST, Mr. REYES, Ms. VELAZQUEZ, Mr. RYAN of Wis- VILA. and Mr. GALLEGLY. consin, and Mr. WAXMAN. H.R. 2585: Ms. JACKSON-LEE of Texas.

VerDate jul 14 2003 07:12 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\L04SE7.100 H04PT1 H7950 CONGRESSIONAL RECORD — HOUSE September 4, 2003

H.R. 2622: Mr. BOEHLERT. Mr. TOWNS, Mr. LEWIS of Georgia, and Mr. Page 84, line 20, after the dollar amount, H.R. 2626: Ms. MILLENDER-MCDONALD. MCNULTY. insert the following: ‘‘(increased by H.R. 2632: Mr. BEAUPREZ and Mr. CAPUANO. H. Con. Res. 266: Mr. EVANS and Mr. RYAN $28,790,000)’’. H.R. 2654: Mr. TAYLOR of Mississippi. of Ohio. Page 85, line 21, after the dollar amount, H.R. 2668: Mr. DINGELL. H. Res. 42: Mr. WALDEN of Oregon, Mr. insert the following: ‘‘(increased by H.R. 2671: Mr. LAHOOD, Mr. GARY G. MIL- UPTON, Mr. GRIJALVA, and Mr. JOHNSON of Il- $276,675,000)’’. LER of California, and Mr. COX. linois. H.R. 2989 H.R. 2705: Ms. WOOLSEY. H. Res. 103: Mr. HUNTER, Mr. PETERSON of H.R. 2722: Mr. FORBES. Minnesota, and Mr. MILLER of North Caro- OFFERED BY: MR. KENNEDY OF MINNESOTA H.R. 2743: Mr. SAM JOHNSON of Texas. lina. AMENDMENT NO. 28: Page 39, line 1, after H.R. 2759: Mr. FROST and Mr. NUNES. H. Res. 136: Mr. YOUNG of Florida. the dollar amount, insert the following: ‘‘(re- H.R. 2797: Mr. GORDON. H. Res. 233: Mr. SMITH of New Jersey and duced by $320,000,000)’’. H.R. 2801: Ms. ROS-LEHTINEN. Mr. LEWIS of Kentucky. H.R. 2808: Mr. CASE, Mr. DAVIS of Ten- Page 39, line 2, after the dollar amount, in- H. Res. 261: Ms. MILLENDER-MCDONALD. nessee, Mr. DEUTSCH, Mr. HASTINGS of Wash- sert the following: ‘‘(reduced by $40,000,000)’’. H. Res. 280: Mr. KING of New York. ington, Mr. HOLDEN, Mr. JOHN, Mrs. KELLY, Page 39, line 3, after the dollar amount, in- H. Res. 320: Ms. MCCARTHY of Missouri, Mr. Ms. KAPTUR, Mr. LATOURETTE, Mr. sert the following: ‘‘(reduced by FRANK of Massachusetts, and Mr. STARK. NEUGEBAUER, Mr. RYAN of Ohio, Mr. OLVER, $273,000,000)’’. H. Res. 322: Mr. HOLDEN, Mr. ROSS, Mr. and Mr. VAN HOLLEN. Page 39, line 5, after the dollar amount, in- SMITH of Washington, Mr. DELAHUNT, Mr. H.R. 2825: Mr. GORDON. sert the following: ‘‘(reduced by $7,000,000)’’. SANDLIN, Mr. SCOTT of Georgia, Mrs. H.R. 2837: Mr. MARSHALL. MALONEY, Mr. LANTOS, Mr. CARDOZA, Mr. H.R. 2989 H.R. 2839: Mr. PALLONE and Mr. BASS. MORAN of Virginia, Mr. DINGELL, Mr. MATHE- FFERED Y S ACKSON EE OF EXAS H.R. 2849: Mr. WAMP. O B : M . J -L T SON, Mr. TOWNS, Mr. MCNULTY, Mr. HOEFFEL, H.R. 2852: Mr. PITTS, Mr. HOEKSTRA, Mrs. AMENDMENT NO. 29: Beginning on page 52, THERIDGE AKER NDREWS JO ANN DAVIS of Virginia, Mr. RYUN of Kan- Mr. E , Mr. B , Mr. A , strike line 22 and all that follows through U NOLLENBERG ERGUSON sas, Ms. ESHOO, Mr. BARTLETT of Maryland, Mr. W , Mr. K , Mr. F , page 53, line 2. OSTELLO ERRY APUANO Mr. ANDREWS, Mr. NORWOOD, Mrs. MUSGRAVE, Mr. C , Mr. T , Mr. C , and IERNEY H.R. 2989 Mr. LAHOOD, and Mr. LEWIS of Kentucky. Mr. T . H.R. 2853: Mr. FRANK of Massachusetts. H. Res. 349: Mr. LANTOS. OFFERED BY: MR. HONDA OF CALIFORNIA H.R. 2864: Mr. NEUGEBAUER. f AMENDMENT NO. 30: At the end of the bill H.R. 2870: Ms. LEE. (before the short title), insert the following: DELETIONS OF SPONSORS FROM H.R. 2881: Ms. KILPATRICK. SEC. ll. For an additional amount for H.R. 2882: Ms. NORTON. PUBLIC BILLS AND RESOLUTIONS new fixed guideway systems under the head- H.R. 2885: Mr. FRANK of Arizona and Mr. Under clause 7 of rule XII, sponsors ing ‘‘Federal Transit Administration—Cap- NORWOOD. were deleted from public bills and reso- ital Investment Grants’’ for the Silicon Val- H.R. 2899: Mr. DREIER. lutions as follows: ley, CA, Rapid Transit Corridor, and the H.R. 2906: Mr. FLAKE, Mr. GINGREY, Mr. amount otherwise provided under such head- BRADLEY of New Hampshire, Mr. DEMINT, H.R. 2877: Mr. CRANE. ing for the San Francisco, CA, Muni Third Mr. SOUDER, Mr. SHIMKUS, and Mr. BURGESS. f Street Light Rail Project is hereby reduced H.R. 2924: Mr. COBLE and Mr. ANDREWS. by, $1,000,000. H.R. 2932: Ms. DELAURO. AMENDMENTS H.R. 2955: Mr. BEAUPREZ. H.R. 2989 Under clause 8 of rule XVIII, pro- H.R. 2967: Mr. HOLDEN. OFFERED BY: MR. MCHUGH H.R. 2971: Mr. CARDIN, Mr. FORBES, Mr. posed amendments were submitted as AMENDMENT NO. 31: At the end of the bill KOLBE, and Ms. DUNN. follows: before the short title, insert the following: H.R. 2986: Mr. DELAHUNT, Mr. NETHERCUTT, H.R. 2989 Mrs. EMERSON, Mr. HINCHEY, Mr. SERRANO, SEC. ll. None of the funds in this Act OFFERED BY: MR. KENNEDY OF MINNESOTA Mr. MEEHAN, Mr. CRAMER, Mr. PICKERING, may be used to carry out the EAS local par- Mr. TOWNS, Ms. KAPTUR, Mrs. JO ANN DAVIS AMENDMENT NO. 27: Page 39, line 1, after ticipation program under section 41747 of of Virginia, Mr. MCINTYRE, Mr. LOBIONDO, the dollar amount, insert the following: ‘‘(re- title 49, United States Code. Ms. MCCARTHY of Missouri, and Mr. FROST. duced by $320,000,000)’’. H.R. 2989 Page 39, line 2, after the dollar amount, in- H.J. Res. 50: Mr. COX and Mr. SIMPSON. OFFERED BY: MR. MORAN OF KANSAS H.J. Res. 59: Mr. CONYERS. sert the following: ‘‘(reduced by $40,000,000)’’. H.J. Res. 62: Mr. ISRAEL, Mr. PAYNE, and Page 39, line 3, after the dollar amount, in- AMENDMENT NO. 32: At the end of the bill Mrs. KELLY. sert the following: ‘‘(reduced by (before the short title), insert the following: H. Con. Res. 87: Ms. MCCARTHY of Missouri, $273,000,000)’’. SEC. ll. For necessary expenses to carry Mr. TIERNEY, and Mr. STARK. Page 39, line 5, after the dollar amount, in- out the essential air service program pursu- H. Con. Res. 183: Mr. MCCOTTER. sert the following: ‘‘(reduced by $7,000,000)’’. ant to section 41742(a) of title 49, United H. Con. Res. 213: Mr. BERMAN. Page 61, line 9, after the first dollar States Code, and the amount otherwise pro- H. Con. Res. 226: Mr. MCGOVERN. amount, insert the following: ‘‘(increased by vided under ‘‘Department of Transportation H. Con. Res. 247: Mr. FROST. $2,285,000)’’. Office of the Secretary—New Headquarters H. Con. Res. 252: Mr. ABERCROMBIE, Mr. Page 67, line 3, after the dollar amount, in- Building’’ is hereby reduced by, the amount TOWNS, Ms. KAPTUR, Mr. BISHOP of New sert the following: ‘‘(increased by otherwise provided under ‘‘Federal Aviation York, Mr. RANGEL, Ms. WOOLSEY, Mr. DICKS, $12,250,000)’’. Administration—Operations’’ is hereby re- Mr. BACA, Mr. EMANUEL, Mr. UDALL of New Page 67, line 4, after the dollar amount, in- duced by, and the amount otherwise provided Mexico, Ms. GINNY BROWN-WAITE of Florida, sert the following: ‘‘(increased by under ‘‘Department of the Treasury Depart- Mr. MCNULTY, and Mrs. MCCARTHY of New $4,250,000)’’. mental Offices, Treasury Building and Annex York. Page 67, line 5, after the dollar amount, in- Repair and Restoration is hereby reduced by, H. Con. Res. 254: Mr. SMITH of New Jersey, sert the following: ‘‘(increased by $63,000,000, $35,000,000, $3,000,000, and Mr. MCGOVERN, Mr. ADERHOLT, Mr. LANTOS, $8,000,000)’’. $25,000,000, respectively’’.

VerDate jul 14 2003 07:12 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.068 H04PT1 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, SEPTEMBER 4, 2003 No. 120 Senate The Senate met at 9:30 a.m. and was SCHEDULE if we are going to finish this bill in a called to order by the President pro Mr. FRIST. Mr. President, the Sen- timely way. tempore (Mr. STEVENS). ate will resume debate immediately There is word that there are 13 The PRESIDENT pro tempore. This this morning on the Labor-HHS-Edu- amendments ready to go today, which morning our prayer will be led by our cation appropriations bill. It is the is good. But we may be a little slow guest Chaplain, Max Lucado, Minister first bill we are addressing coming getting out of the box here with of the Oak Hills Church of Christ, San back from our recess. We made signifi- amendments being ready to come to Antonio, TX. cant progress on the bill on Tuesday the floor as early as 10 o’clock. The Senator from Florida, Mr. NELSON, is PRAYER and on Wednesday. I thank our col- leagues for coming forward and offer- ready to go. But that may be a short The guest Chaplain offered the fol- ing their amendments. Today will be amendment. lowing prayer: an important day as we wrap our hands I think it would be advisable to work Oh Lord, God of our Fathers. You are around how many amendments we have on into the evening with the stacking the God who is in heaven. You rule over so we can systematically address those of votes tomorrow morning early. all the kingdoms of the nations. Power and engage in debate and vote accord- There might be an earlier departure, if and might are in Your hand, and no one ingly. we have a list, if we know where we are can withstand You.—2 Chron. 20:6. I inform all Members that rollcall going, and if we see that there would be We declare Your sovereign strength votes will occur throughout the day a conclusion, say, next Tuesday. and confess that all decisions of rulers, today. It is our intention that we can This is an issue where we have al- kings, parliaments, and Senators ulti- set a vote on one or more amendments ready been advised about the need to mately serve Your will. to occur this morning. Members will be bring some Members in from the other Grant that these leaders may do just notified when the first vote is sched- side of the aisle. that. Bless them with faith and vision. uled. We prefer not to schedule in accord- Strengthen those who are weak. Heal I wish to make one final plea: That ance with the Presidential candidacies. those who are sick. Superintend the af- people come forward as soon as possible But we understand that people can fairs of their families and finances. to talk to the managers and make it talk, and we want to work it out on a Quiet any fears. Remind them of Your clear what their intentions are on the cooperative basis. That would be a unquenchable, unconditional love. various amendments. Tuesday target to wrap it up com- Set the compass needle of our hearts The PRESIDENT pro tempore. The pletely. To accomplish that, we are on You. Affirm us when we seek Your Senator from Pennsylvania. going to have to go into the evening will; forgive and correct us when we Mr. SPECTER. Mr. President, while and have votes tomorrow morning—at don’t. Speak to us about the brevity of the majority leader is still on the floor, least until midmorning, and perhaps this life and the beauty of the next. I would like to renew the managers’ until noon. At least that is as this And, most of all, prepare our souls for plea for amendments to come to the manager sees it. the moment we meet You face to face. floor. There has been good cooperation We did not complete as much work as By the source of mercy we pray. To with the distinguished assistant Demo- we should have yesterday. The quorum You be the glory forever and ever. cratic leader about moving toward the call was on for a considerable period of Amen. preparation of the list. If we are to fin- time. As I have said repeatedly, that is f ish this bill and get it completed before sort of the bane of a manager’s exist- PLEDGE OF ALLEGIANCE September 30, we are going to move ence—trying to do third reading and go The PRESIDENT pro tempore led the ahead with expeditious diligence. If we to completion. The majority leader advised everyone Pledge of Allegiance, as follows: do not get it completed by September 30, we are going to lose $3 billion. This on August 1—more than a month ago— I pledge allegiance to the Flag of the United States of America, and to the Repub- is a very tight bill as it stands at the to be ready with amendments. It is my lic for which it stands, one nation under God, present time. hope that our colleagues will come for- indivisible, with liberty and justice for all. There is always concern about what ward with amendments so we can get a f is going to happen on Friday. In my ca- list and see precisely where we stand so pacity as manager of the bill, it is my we can accommodate a lot of con- RECOGNITION OF THE MAJORITY desire to move ahead and have sub- flicting and competing interests on LEADER stantive votes tomorrow morning. Our schedules. The PRESIDENT pro tempore. The custom is to conclude by noon, but I I hope we will proceed with amend- majority leader is recognized. believe we are going to have to do that ments today. If we work into the

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

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VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11052 CONGRESSIONAL RECORD — SENATE September 4, 2003 evening, we could stack votes early in DEPARTMENTS OF LABOR, such physician, practitioner, or other indi- the morning and have a departure HEALTH AND HUMAN SERVICES, vidual; or which would not be too late to accom- AND EDUCATION, AND RELATED (B) requires the individual desiring to re- modate the schedules of many Mem- AGENCIES APPROPRIATIONS ceive the health care item or service from such physician, practitioner, or other indi- bers who would like to understandably ACT, 2004 vidual to purchase an item or service. depart going back to their home The PRESIDENT pro tempore. Under (b) REPORT.—Not later than the date that States. the previous order, the Senate will re- is 18 months after the date of enactment of f sume consideration of H.R. 2660, which this Act, the Comptroller General of the the clerk will report by title. United States shall submit to Congress a re- RECOGNITION OF THE ACTING port on the study conducted under sub- MINORITY LEADER The legislative clerk read as follows: section (a)(1) together with such rec- The PRESIDENT pro tempore. The A bill (H.R. 2660) making appropriations ommendations for legislative or administra- for the Departments of Labor, Health and assistant Democratic leader. tive action as the Comptroller General deter- Human Services, and Education, and related mines to be appropriate. Mr. REID. Mr. President, I say agencies for the fiscal year ending Sep- Mr. NELSON of Florida. Mr. Presi- through you to the manager and distin- tember 30, 2004, and for other purposes. dent, this is an amendment that I guished majority leader that we are Pending: going to cooperate in every way we can think is noncontroversial, that I am Specter amendment No. 1542, in the nature led to believe will be accepted by both to move this most important piece of of a substitute. legislation. We have eight appropria- sides. It calls for a study by the GAO of Byrd amendment No. 1543 (to amendment a practice that is going on in health tions bills and a short time to complete No. 1542), to provide additional funding for them. We will do the best we can to education for the disadvantaged. care today that I have considerable wrap them up as soon as possible. Akaka amendment No. 1544 (to amendment concerns with, which could cause the Mr. FRIST. Mr. President, if I could No. 1542), to provide funding for the Excel- beginning of the demise of a major part ask that a few minutes be devoted to lence in Economic Education Act of 2001. of Medicare, which is our health insur- accommodate the Senator from Texas Mikulski amendment No. 1552 (to amend- ance system provided by the Federal ment No. 1542), to increase funding for pro- Government for senior citizens. with comments on the guest Chaplain. grams under the Nurse Reinvestment Act The PRESIDENT pro tempore. The The practice, interestingly, started and other nursing workforce development in my State of Florida. It has spread to Senator from Texas is recognized. programs. other States. We do not know the ex- f The PRESIDENT pro tempore. The tent of this practice. That is one of the PASTOR MAX LUCADO Senator from Florida is recognized. reasons for the GAO study that would Mr. CORNYN. Mr. President, I appre- AMENDMENT NO. 1557 TO AMENDMENT NO. 1542 take place over the next year and a ciate the indulgence of the majority Mr. NELSON of Florida. Mr. Presi- half. leader, the bill’s managers, and Sen- dent, I send to the desk an amendment. But here is what happens: Let’s say a ator NELSON and Senator REID. Before The PRESIDENT pro tempore. Is doctor has a patient list of some 3,000 we get on to the business of the day there an objection to setting aside the patients, and the doctor wants to con- today, I wish to say a couple of words pending amendments? If not, without strict his or her practice. So the doctor about our guest Chaplain, Max Lucado, objection, it is so ordered. writes all of the patients—and what I who opened the Senate with prayer The clerk will report. am recounting right now is in fact this morning. The legislative clerk read as follows: what has happened in Florida—the doc- Max is a longtime friend of mine and The Senator from Florida [Mr. NELSON] tor writes all of the patients and says: our family and is the minister of the proposes an amendment numbered 1557. Henceforth, I am going to limit my Oak Hills Church in San Antonio. He Mr. NELSON of Florida. Mr. Presi- practice. If you want to continue with has a wonderful wife, Denalyn, and he dent, I ask unanimous consent that me, you must pay an entrance fee of is a loving father to their children: reading of the amendment be dispensed $1,800 per year. In some cases it has Jenna, Andrea, and Sara. with. been noted in articles that have ap- Most people will know Max because The PRESIDENT pro tempore. With- peared in periodicals such as the Los of his best-selling books. Currently, he out objection, it is so ordered. Angeles Times, the Washington Post, has more than 33 million books in The amendment is as follows: and the New York Times that that en- print, and is America’s leading inspira- (Purpose: To provide for a study and report trance fee is as high as $20,000 per pa- tional author. on the propagation of concierge care) tient. A half century ago, Dietrich On page 61, between lines 14 and 15, insert So what happens is, patients who Bonhoeffer wrote about the difference the following: have enjoyed the services of that physi- between ‘‘cheap grace’’ and ‘‘costly SEC. ll. GAO STUDY AND REPORT ON THE cian in the physician-patient relation- grace’’ when it comes to our faith. PROPAGATION OF CONCIERGE ship, and who cannot afford the en- Cheap grace, he said, requires nothing CARE. trance fee, suddenly have to go else- of us but vague sentiment—but costly (a) STUDY.— where to seek their health care serv- (1) IN GENERAL.—The Comptroller General ices. grace requires a lifetime of faithful of the United States shall conduct a study on sacrifice and service. concierge care (as defined in paragraph (2)) You may say: Well, that sounds rea- Someone who understands and em- to determine the extent to which such care— sonable because we ought to have the braces that kind of costly grace with a (A) is used by medicare beneficiaries (as opportunity for individuals to charge whole heart is a true disciple. By that defined in section 1802(b)(5)(A) of the Social what they want for the services they definition, Max Lucado is a man who Security Act (42 U.S.C. 1395a(b)(5)(A))); and provide as a physician. And, of course, exemplifies what a disciple is and can (B) has impacted upon the access of medi- that is our free market system way of be. care beneficiaries (as so defined) to items doing things. But when part of the and services for which reimbursement is pro- equation is a health insurance system I thank Max for his service to Texas, vided under the medicare program under to America, and today to the Senate, title XVIII of the Social Security Act (42 funded by the Federal Government for and also to his Creator who chose to U.S.C. 1395 et seq.). senior citizens, and the doctor wants to set a disciple like him among us for (2) CONCIERGE CARE.—In this section, the continue to receive reimbursement by such a time as this. term ‘‘concierge care’’ means an arrange- that health insurance system called Thank you, Mr. President. I yield the ment under which, as a prerequisite for the Medicare, and the doctor is limiting floor. provision of a health care item or service to the access of patients with an entrance an individual, a physician, practitioner (as f fee which that patient must pay, then described in section 1842(b)(18)(C) of the So- what we start to create under Medicare RESERVATION OF LEADER TIME cial Security Act (42 U.S.C. 1395u(b)(18)(C))), or other individual— is a two-tier system of those who can The PRESIDENT pro tempore. Under (A) charges a membership fee or another afford it and those who cannot. It was the previous order, leadership time is incidental fee to an individual desiring to re- never contemplated that is what Medi- reserved. ceive the health care item or service from care would be.

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11053 Let me give you an example in the Medicare providers. That would further nificant number of Senators to have private sector. If Blue Cross/Blue increase the gap between those who their schedules arranged so they will Shield has a panel of doctors, and those can afford health care and those who be here, but it is not right now; it prob- doctors on that panel are entitled to cannot. That is not the purpose of ably won’t be until 45 minutes or so. receive reimbursement from the health Medicare. We will see what we can do to try to insurance company—in this case in the The purpose of Medicare is to assist get someone to come. We have people private sector my example is Blue all seniors, not just some seniors. The who have indicated they will offer their Cross/Blue Shield—if those doctors say, purpose of Medicare is a health insur- amendments today, a dozen Senators. ‘‘Well, I will be glad to see you, en- ance system funded by the Federal But we have had difficulty getting peo- rollee of Blue Cross/Blue Shield, in- Government for all senior citizens, not ple to come during the 10 o’clock hour. sured by Blue Cross/Blue Shield, but just some. I think the logical extension The PRESIDENT pro tempore (Ms. you have to pay me $1,800 a year before of this practice is, as you go down the MURKOWSKI). The Senator from Flor- I will see you,’’ do you think Blue line, with access limited, we are going ida. Cross/Blue Shield is going to keep that to create a two-tier system, and that is AMENDMENT NO. 1543 doctor on its panel of physicians who not what Congress had in mind. Mr. NELSON of Florida. Madam are going to handle those insureds of So what I am offering is an amend- President, with the permission of the that insurance company? The answer ment that would get at the heart of two leaders, I would like to speak to to that is, of course not. this. Let’s be fair. If the doctors can another amendment that is pending. If that will not occur in the private make their case to GAO, then so be it. That is Senator BYRD’s amendment. sector, then why, in the public sector, I personally believe strongly that it is Since we have no one else in the Cham- in a health insurance system funded by the beginning of the disintegration of ber ready to offer an amendment, I the Federal Government for senior citi- the main principle of Medicare, which would like to do so at this time. zens, should the Federal Government is to have access to health care for all Senator BYRD’s amendment, on close its eyes and look the other way senior citizens. which we will be voting probably later while the physicians limit their prac- Mr. President, that is the essence of today, will allow us to fulfill the prom- tice with that entrance fee? the amendment. I will abide by the ises we made when we passed 2 years We have already addressed this. The leaders of the bill as to how they want ago the No Child Left Behind Act Senate took its first step in opposing to dispose of it. If the leader of the which was the additional educational the use of these access fees by doctors committee, the chairman, would like assistance from the Federal Govern- who treat Medicare patients by includ- me to call for a vote, I would be happy ment to the States and local govern- ing a provision in last year’s budget to do so. It is whatever is the pleasure ments in order to help children by in- resolution that expressed the Senate’s of the distinguished chairman of the creasing title I for disadvantaged chil- preference that Federal funds should committee, the Senator from Pennsyl- dren. Let me go back and cite a little not reimburse doctors who charge their vania. of the history. Medicare patients any unnecessary The PRESIDENT pro tempore. The The Federal Government has had a fees. Senator from Pennsylvania is recog- very limited role in education. Today, What has happened in the meantime nized. of all the expenditures for education— is the doctors who practice this, of Mr. SPECTER. Mr. President, I be it at the university level all the way course, want these entrance fees be- thank the Senator from Florida for of- down to the beginning of school, pre-K cause they can now limit their prac- fering this amendment. I think he has and K—the Federal Government only tice. But, oh, by the way, they still articulated good reasons for a study by engages in 7 percent of those expenses. want to continue to receive the insur- the General Accounting Office. These Ninety-three percent is borne by the ance benefits from Medicare, so natu- are important issues which could have governments you would expect to carry rally they are going to fight this. And a significant impact on health care de- the load in education—the State and they have engaged all kinds of lobby- livery in our country. We are prepared the local governments, mainly through ists to fight it. to accept the amendment. the school boards. So what I am asking for is a study. It Mr. NELSON of Florida. Mr. Presi- Along about 20 years ago or so, when is my understanding that both sides of dent, I am grateful to the Senator from we set up the Department of Edu- the aisle have agreed to have this pro- Pennsylvania. cation—and I don’t remember the exact vision. This is a study by the GAO over The PRESIDENT pro tempore. Is time title I was set up—it was believed the next year and a half that will look there further debate on the amend- that there was a particular role for the at how extensive this is and whether ment? Federal Government to play in assist- there is any diminution in the service Mr. SPECTER. Trying to be brief in ing State and local government on edu- through Medicare to the Medicare re- acceptance to give plenty of time for cational expenses by helping the chil- cipients we are trying to help. I main- other amendments to be offered, but as dren who had disadvantaged back- tain there is. the Chair can observe, there are no grounds, and thus was born title I What the doctors will tell you is: No, Senators in the Chamber seeking to which sends money to help children no, no; what we are doing is we are offer amendments. If we are to proceed, who come from disadvantaged back- adding all kinds of different services. as I said earlier, to get this bill consid- grounds. Indeed, an example is the We are adding an annual health check- ered and acted upon, we will have to School Lunch Program. It is clearly an up, a physical exam. We are going to have people coming to the floor with acknowledgment that a child cannot give them hot towels. There won’t be amendments. learn if the child is hungry—and a any waits in a waiting room. They will I urge the adoption of the amend- whole host of other kinds of moneys have a special private waiting room. ment. that flow from the Federal Government I do not have any problem with that The PRESIDENT pro tempore. Is to try to reach that principle that if that is what the patient wants to there any further debate? every child should have an equal oppor- pay. But to say no patient can come to The question is on agreeing to tunity to an education. that doctor who is receiving Medicare amendment No. 1557. In the Senate 2 years ago—fortu- reimbursement unless that patient is, The amendment (No. 1557) was agreed nately, then, we were looking at a sur- at the same time, paying them that en- to. plus in our Federal budget—we crafted, trance fee—which ranges across Amer- Mr. SPECTER. Mr. President, I move in a give and take, not only with the ica from $1,800 per patient in Florida to to reconsider the vote. other body, the House of Representa- $20,000 per patient that was noted by Mr. REID. I move to lay that motion tives, but also with the White House— the New York Times and the Los Ange- on the table. especially with the White House—this les Times in a case out in California— The motion to lay on the table was act that is referred to as No Child Left then I think it is beginning to establish agreed to. Behind. It had additional provisions of a dangerous precedent that in effect Mr. REID. Mr. President, we are hav- accountability, testing so that you could impose a means test to access ing a little down time. We expect a sig- could measure the progress of children

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11054 CONGRESSIONAL RECORD — SENATE September 4, 2003 in those school districts in those claims to leave no child behind and ful and, therefore, enormously popular States. It was authorized at a specific then underfund the very reforms that program. There are 19,000 Head Start level. It was authorized at approxi- were included in the bill to reach all of centers all over America, and the fund- mately $18 billion, whereas at the time those students? In order to ensure that ing formula—since this was a program the funding was about $11 billion. That every child, no matter where that child that was set up by the Federal Govern- was the clear intent when we passed it. comes from, has the opportunity to ment over three decades ago, again, But when we got around to appro- achieve, we simply have to stop paying with that principle that we are trying priating the moneys, for whatever rea- lipservice to educational reform and we to achieve that of giving each child an son, the White House decided it was have to start funding it. That is what I equal opportunity for an education— not going to support the increased promised my people back home in Flor- the funding was set up by the Federal funding to the level authorized in the ida that I was going to come back up Government to try to assist the States. bill, the No Child Left Behind Act, of here and try to articulate to this Sen- Now, let me tell you—well, I don’t $18 billion, but instead was only going ate. have to; just go talk to your school to support an increase of roughly $1 It doesn’t make any sense, given all board members, talk to the principals billion, to the tune of somewhere the budgets we have, that our edu- and the teachers in those elementary around $12 billion, from $11 billion. cation budget is any lesser priority, es- schools. Ask them whether they think As a result, I had about 25 townhall pecially given that this is the future of it is of extremely high value—the Head meetings when I was home in August. America. So with Senator BYRD’s Start Program—when those kids are in When those school board members amendment, we have the opportunity pre-K and the first grade and they see came, when that superintendent of the to reach a little over 2 million more their progress throughout the elemen- schools came to that townhall meeting disadvantaged students. I simply don’t tary school system. They will give you or when I met, in one case, in Volusia want us to pass up this opportunity. an earful of just how important it is to County, with the entire school board, HEAD START keep it. Madam President, as long as I don’t they were crying the blues that they But that is not what the House of see any other Senators seeking rec- have all kinds of requirements under Representatives did. The House of Rep- ognition, I want to bring something this new law we enacted but the money resentatives, by that one-vote margin, else to the attention of the Senate. It did not flow with it. decided they were going to fund it in a Senator BYRD has offered an amend- came home to me loudly and clearly different way. Instead of the money, as ment to take that level of funding up when I was home. The last week before it has for over 30 years, going straight to what was worked out with the Presi- the August recess, the House of Rep- to the Head Start center based on a dent and the Senate in our negotia- resentatives passed a bill by a one-vote formula of how many children and tions in a bipartisan way in the Senate margin that is starting the demise of what kind of background, instead, they as well as between the leadership of the another one of the most successful and are going to ball up all that money for Senate—at that time it was under the tremendously popular programs, the all of the Head Start centers in eight leadership of Senator DASCHLE, as ma- Head Start Program. States, yet to be chosen—by the way, jority leader—and the White House. What the House of Representatives you can pick eight States that have That is what Senator BYRD’s amend- passed in late July before they left— well over half of the population of the ment does. It increases it roughly and most people around the country entire country—and they are going to about $6 billion to the level authorized. don’t know this. There was a simple Folks back home—and I believe it is one-line mention in the newspapers give that in a block grant to the Gov- this way all over America, not just in that the House of Representatives had ernor and legislature of those States. Florida—are crying the blues about passed, by a vote of 217 to 216, a bill to Well, have we missed reading all of the how the No Child Left Behind Act was take the funding formula for Head chronicling on the front pages of the not funded as promised. Title I schools Start and change it in eight States, to newspapers of how 48 of the 50 States provide education to the most dis- be determined, instead of in those eight are in fiscal cardiac arrest, how they advantaged children in our country. States sending the funding directly to are hurting so much they don’t have These are the very children we pledged those Head Start centers—instead, to enough funds? Can you imagine the not to leave behind. Typically they use package it in a block and send it to the temptation, even though we might try those funds to buy educational mate- Governor and the legislatures of eight to put requirements on it, to find ways rial, to provide afterschool programs, States, yet to be determined. around it to siphon off some of those to provide professional development to Now, let me tell you why I think this funds from Head Start into other edu- teachers, all of these things aimed at is the beginning of the demise of Head cational programs? I am telling you, if that special category of children, the Start. Head Start is a wildly popular we did that, in this Senator’s judg- disadvantaged children. This is sepa- program because it has been so success- ment, that would be the beginning of rate and apart from the disabled chil- ful over three decades of doing what? the demise of one of the most success- dren. Of bringing 3-year-olds, 4-year-olds, ful and popular programs in America, We had an amendment yesterday, and 5-year-olds who come from dis- the Head Start Program. which unfortunately did not pass, to advantaged and poor backgrounds up I have enough confidence in the com- bring up the level of funding on the to the level that, by the time they mon sense of this Senate and in the program known as IDEA which is spe- enter school at prekindergarten and sensitivity of the Members of this body cial funding from the Federal Govern- the first grade, they are not so far left in listening to their people back ment for disabled children. Think of all behind that they have a chance to com- home—even though what the House did the problems that a school board, that pete and they don’t become discarded didn’t get a lot of press attention—that a school, that a classroom teacher has in the system and then, of course, so this Senate would not even consider to confront these days—disabilities, as much more expensive in the long run the change of that funding formula. well as children coming from disadvan- because of the cost to society of the But we have to speak out on it because taged backgrounds. We were not able dropout, and so forth. it hasn’t gotten a lot of attention. to pass that amendment yesterday on I visited a Head Start center and you It is appropriate that while we are disabled kids. I hope we will be able to should have seen it. It was down in debating the question of funding on pass this one for disadvantaged chil- Boynton Beach in Florida. It has this education, particularly with Senator dren. happy little classroom environment BYRD’s amendment that goes to title I, Why we would deny the most needy where these 3, 4, and 5-year-olds are be- which is getting at those disadvan- schools, providing education in the ginning to learn their numbers, begin- taged kids, we also ought to talk about most difficult circumstances, the re- ning to learn the alphabet, beginning Head Start, which is getting at the sources they need to make a difference to interact in a classroom setting, be- very beginning of the educational proc- in the lives of those disadvantaged kids ginning to learn self-discipline, respect ess of those disadvantaged kids before is, to use a southern expression, beyond for property, respect for others, and re- they ever get to the elementary level me. Why would we pass a law that spect for themselves—a wildly success- of education.

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11055 So I wanted to share with the Sen- Before I came to the Senate, I we find that it contained $3.5 billion ate—to again use a southern expres- worked as an accountant. I learned less than the authorized level in title I sion—that I had received an earful how to balance accounts and read ledg- funding. Somehow the administration back home. I am glad I did and I am ers, and I am astounded to see my col- is now being taken to task for recom- glad I could share this with the Senate. leagues insisting that a $12 billion in- mending more than the colleagues on When that bill comes over from the crease in education funding for over 4 the other side of the aisle who were in House they passed in the last week of years somehow constitutes a cut. I charge last year recommended, even their session, I hope we will tell them guess that kind of gives you an idea though they both recommended less nothing doing, we are not messing with why we have some problems. It does than the fully authorized amounts. an extremely popular program. In- not take special training in accounting That is not unusual, and it shows that stead, what we are going to do with to understand that a $3.9 billion in- both sides of the aisle understand how that popular and successful program is crease in title I spending since 2002 is this works. expand it because today it only, as suc- not a cut. Even without my training as Remember, we will find that the ap- cessful as it is, reaches 60 percent of an accountant, I am confident I would propriations bill reported out of com- the eligible children. Even of the ear- understand, as do families across mittee last year contained $3.5 billion lier ones that we can start working on America, that a $12 billion increase is less than the authorized level in title I below age 3, we are only reaching about not a cut, no matter how you frame it. funding, and the administration is now 3 percent of that eligible population. It is interesting to see how many of being taken to task for recommending We have a lot of room to help these lit- my colleagues are now criticizing the more than the other side of the aisle tle folks as they get ready to compete President and this administration for did. I guess that should cut both ways. so they don’t get so far behind once recommending less than the authorized You cannot accuse the President of they enter school. amounts—authorized amounts—under cutting education spending because he Madam President, I yield the floor. No Child Left Behind. Let me explain asked for less than the fully authorized The PRESIDING OFFICER. The Sen- authorized amounts. amount when the other side of the aisle ator from Wyoming. We go through a three-step process has done the same thing. Mr. ENZI. Madam President, since around here. We have a budget process. Even though my colleagues approved the issue of education has been brought A budget is something the President a bill last year that left a gap between up not only this morning but over the has to present to us by February so appropriations and the fully authorized last couple of days, and I have listened that we can approve a massive outline amounts, it has now become unaccept- to some wailing and comments, I feel of how we are going to do spending by able in their eyes to fund No Child Left compelled to talk a little bit about April 15. It is a Federal statute. It has Behind at less than the fully author- education myself. been complied with twice in the his- ized levels. In Wyoming, we have a lot This week, many of my colleagues tory of the country. Once was this of expressions we use to describe that have come to the floor to criticize the year. The other one was many decades kind of behavior, but the only one I can President and criticize his administra- ago. We did a budget. tion and even to criticize the Senate Then there is a second part to the probably use on the floor of the Senate leadership for their commitment to process. It does not necessarily have to is doubletalk. I also want to point out that we education. This is a discussion we need come after the first part. It can be con- never made it to an Education appro- to have every time the Senate debates tiguous or it can be before the first priations bill last year. We never spending, but every time we seem to part. It is called authorization. Author- passed a budget last year. That was plow the same old ground. There are a ization is when a bill is drafted by the when the other side of the aisle was in lot of platitudes and myths out there committee of jurisdiction, the ones the leadership. And it took us until that keep being regenerated. It takes a that have the knowledge and the con- this spring, under our current leader- lot of time, and it keeps us from com- centration and focus on the problem. ship, to pass any increase in title I and pleting the spending bills. I hope I can They do an authorization bill. It is usu- the No Child Left Behind Act. I think say a few words that will put this de- ally a 6-year authorization, and it is an that bears a little bit of extra descrip- bate in perspective. authorization for the maximum tion. My colleagues have argued that the amount that will be spent, not mini- current appropriations bill cuts edu- Yes, I have held town meetings in mums. Wyoming, and I have had to answer to cation spending and it underfunds the I hope everybody catches that. The education, and I have had to explain to No Child Left Behind Act. They have authorization bill does not give mini- them that a year ago we could not even suggested, and I suppose will continue mums of spending, it gives the author- pass a budget. A year ago, we did not to insist, that the bill contains harsh ization for the maximums of spending, even take up Education appropriations. and unacceptable cuts to education and and that is the maximums of spending that it will somehow leave students over a 6-year period. Yes, we had this new authorization bill and teachers on their own. That is sim- Taking into account inflation, new for No Child Left Behind, but, Madam ply not the case. programs, and issues such as those, no- President, do you know what. You can- The bill contains over $12 billion for body ever starts at the maximum and not appropriate any additional dollars title I programs, the third straight hopes they can sustain and increase if you do not do an appropriations bill, year it has had an increase. That is a that through the period of the author- and that appropriations bill never got total increase of 45 percent in title I ization bill. That is not how it works. done under the leadership last year. funding since 2001. We always start at less than the au- There was not a dime of increase It also contains $1 billion for Reading thorized amount, and we build up to it passed last year. First, close to $700 million for State over the 6-year period. When Senator FRIST became the ma- education technology grants, and over Let’s take a look at some history be- jority leader this year, we went to $1.1 billion for impact aid programs. cause I seem to recall that this body work on getting the appropriations All told, this bill contains about $56 did the exact same thing last year done, and with the cooperation across billion for education programs, over $12 when they were doing No Child Left the aisle, we were able to get nine bills billion more—$12 billion more—than Behind in this particular bill. approved in 8 days. I think that is fiscal year 2001. Yet my colleagues in- My colleagues, of course—now they about how it was. sist that this bill cuts too much from are in the minority—held all of the That was the first funding for edu- education. They argue it does not go leadership positions at that time. They cation under No Child Left Behind. far enough and that we must increase were in charge of doing this appropria- When did that happen? The President our Federal deficit by several billion tions bill. They were the ones in charge signed it into law on February 26, and dollars more to assure we have ade- of figuring out how much of that au- the bureaucratic machine moved faster quately funded education. Where are thorization could logically be tucked than it ever has. By March 26, the these disastrous cuts? How is a $12 bil- into this appropriations bill. checks went out to the States. Miracu- lion increase in education funding over If we look at the appropriations bill lous. But school in this country ends at 4 years a harsh and unacceptable cut? reported out of committee last year, the end of May or the middle of June at

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11056 CONGRESSIONAL RECORD — SENATE September 4, 2003 the latest. So on March 26, the mail Fortunately, I am sure the people budsman program under chapter 2 of title went out. Eventually the States got across America are educated enough—I VII of the Older Americans Act of 1965 (42 those checks. Then the States had to am sure our system has done that—to U.S.C. 3058 et seq.), there are made available do the allocation out to the school dis- see through what is happening. We all an additional $1,000,000. tricts. know the Senate’s budget process and Mr. KOHL. Madam President, this is I do not imagine they got that done we know the President is required to a noncontroversial amendment I hope in one day. I do not imagine they got make that recommendation in Feb- will be accepted later today. It address- that done in a month. So now we are ruary. When this body does not pass es the tragedy of abuse and neglect in talking about the end of April, and the appropriations bill that normally our Nation’s nursing homes and other school is going to end the next month. serves as the basis for the President’s long-term care settings. What kind of education funding is recommendation, it is unconscionable Our seniors made our country what it that? to then criticize the President for his is today, and they have earned the So nobody got an increase for last recommendations. right to live out their days with dig- year. They had to operate on the budg- The bottom line is that this body nity and the best possible care. et that they had from the year before. passed last year’s appropriations bill 6 For most seniors in long-term care, We never passed a budget. It took us months late, and only then under the they have that opportunity. The vast until this spring, under our current current Senate leadership. A better majority of nursing homes, home leadership, to pass any increases in comparison would be the President’s health agencies and other long-term title I and the No Child Left Behind recommendations on the fiscal year care providers do a good job taking Act. 2002 appropriations, which were the care of their patients under difficult The current Senate leadership can only figures available at the time the circumstances. But too often across point to two separate increases in fund- President submitted his recommenda- this country, there have been and con- ing for education compared to last year tion to Congress. tinues to be cases in which our elderly when this body did not approve any in- Clearly, this discussion is not about and disabled are abused, beaten, creases in education funding. If this funding levels, it is about politics. This starved, or neglected. issue is such a priority for my col- body has too much important business Last year, a House Government Re- leagues, why did we adjourn last fall before it to waste time playing politics, form Committee report found that without passing an additional dollar particularly playing politics on edu- nearly one-third of nursing homes had for education? As I am sure my col- cation. There are students and teachers been cited for an abuse violation in the leagues will recall, we left Washington depending on this body to give them past 2 years. Ten percent of nursing last year without a single dime more additional funding, and that is what homes had violations that caused ac- for education than was available the my colleagues on the Appropriations tual harm or placed residents in imme- year before. Incidentally, because of Committee have done. Let us get the diate jeopardy of injury or death. The this delay, when the President made business of the Senate completed so Senate Aging Committee, on which I his budget recommendation to Con- these students and teachers can get serve, has repeatedly heard from the gress—that is that first step of the what they need this year, rather than GAO that abuse and neglect are a process I mentioned—we were still another day, another week, or another major problem in our Nation’s nursing working on fiscal year 2003 appropria- month of debate that could once again homes. tions; we had not finished them. push the dollars into the following Tucked away in this appropriations Those appropriations should have year. bill is a little program that has a big been the base for the President’s rec- Let us get our work done timely. Let impact on these problems. The State ommendation, but we require him to us give some consideration to what Long-Term Care Ombudsmen Program have that in by February, and he did. kind of amendments are being offered. places caring people throughout each That is the only way we can get our Let us put the politics behind for our State to assist elderly and disabled pa- work done by April. He complied. So kids and let us get this bill done. tients who have been abused or ne- what figures could the President use? The PRESIDING OFFICER. The Sen- glected. The ombudsmen have the re- The present administration is being ator from Wisconsin. sponsibility to make sure that pa- blamed for this body’s failure to pass tients’ complaints are investigated and AMENDMENT NO. 1558 TO AMENDMENT NO. 1542 an appropriations bill last fall, and addressed. They help these vulnerable that seems preposterous to me. Of Mr. KOHL. Madam President, I send people and their families navigate the course, he had to base his budget on an amendment to the desk and ask for complicated system and get the help what we had done for 2002, and he did, its immediate consideration. they need. and he made substantial increases. The PRESIDING OFFICER. Is there In addition, the ombudsmen work I want to mention just a little bit objection to setting aside the pending with nursing homes to improve care. about the budget process we went amendments? They also serve a large number of pa- through, too. During the budget proc- Without objection, it is so ordered. tients in home health care and assisted ess, we had an interminable number of The clerk will report. living. In cases where a nursing home votes attempting to do unprecedented The assistant legislative clerk read must be closed because it cannot or earmarking. Well, that is not really as follows: will not improve, the ombudsmen help what it was designed to do. What it was The Senator from Wisconsin [Mr. KOHL] patients relocate to the best possible designed to do was to make it look as proposes an amendment numbered 1558 to setting. amendment No. 1542. if a majority of the Senators who were Unfortunately, a lack of funding and doing responsible budgeting were actu- Mr. KOHL. Madam President, I ask staff make it difficult for the ombuds- ally voting against key programs that unanimous consent that the reading of men to serve the large number of peo- are normally not outlined specifically the amendment be dispensed with. ple who need their services—leaving with earmarking. So the responsible The PRESIDING OFFICER. Without patients vulnerable to substandard Senators did the right thing and voted objection, it is so ordered. care. against what looked like voting The amendment is as follows: A recent Administration on Aging re- against kids, and that is exactly politi- (Purpose: To provide additional funding for port found that complaints to ombuds- cally how it was designed to be. But the ombudsman program for the protection men increased 48 percent from 1996 to they did it so that we could have a re- of vulnerable older Americans) 2001. Yet funding still lags far behind sponsible budget. At the appropriate place insert the fol- what is needed. Ombudsmen are being Now here we go again with the inter- lowing: asked to do more and more, and Con- minable number of votes I am sure we SEC. ll. In addition to any amounts oth- gress should make sure they have the erwise appropriated under this Act under the will be expected to take that will ear- heading of ADMINISTRATION ON AGING, there resources to do their jobs. mark an increase and change, and all are appropriated an additional $1,000,000: Pro- I greatly appreciate the chairman of them are outside of the budget proc- vided, That in addition to the amounts al- and ranking member’s willingness to ess that has already been approved. ready made available to carry out the om- work with me over the past several

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11057 years to increase funding for the om- are now up to our 302(b) allocation. To (2) $159,000,000 is available to carry out ac- budsman program. Through our efforts, find another $1 million, we have to tivities described in subparagraphs (A) and we have increased funding by $6 million take it from somewhere. It is a matter (B) of section 132(a)(2) of that Act (relating since fiscal year 2000. of evaluating whether $1 million means to dislocated worker employment and train- This is a great start. But I have been ing activities and other activities for dis- anything significant on top of $13 mil- located workers); advised by the National Association of lion which we already have. (3) $99,000,000 is available to carry out Ombudsman Programs that it would However, I understand the interests chapter 4 of subtitle B of title I of that Act take a $36 million increase to ade- of the Senator, the thrust of the argu- (relating to youth activities); quately fund the program. I realize ment by the Senator from Wisconsin. (4) $250,000,000 is available to carry out sec- that such a large increase is not pos- It is a worthwhile program. I will tion 169 of that Act (relating to youth oppor- sible in a single year—especially a year sharpen my pencil and pull down my tunity grants); that has such tight fiscal constraints green eyeshade and see if we can find (5) $23,000,000 is available to carry out sec- tion 167 of that Act (relating to migrant and as this one. But I am concerned that some money to accommodate what the the bill before us includes no increase seasonal farmworker programs); Senator from Wisconsin would like to (6) $20,000,000 is available to carry out sec- at all. have done. No commitments, but we tion 166 of that Act (relating to Native This amendment would take another will take a close look. American programs); and small but real step forward by increas- Mr. KOHL. I thank the Senator. (7) $150,000,000 is available for the acquisi- ing the program by $1 million this Mr. SPECTER. Madam President, the tion and improvement of one-stop center in- year. This increase will help ombuds- Senator from Georgia is on the floor frastructure, including acquisition of real es- men keep up with the growing demand and has requested an opportunity to tate, payment of rent or utilities, improve- for their services. And it will help ment of technology, and staff development. speak for a few moments on another The amount $6,895,199,000 in section make sure that patients are better pro- subject. From the manager’s point of tected from abuse at the hands of those 305(a)(1) of this Act shall be deemed to be view, this would be a good time to do $7,696,199,000 and the amount $6,783,301,000 in who are supposed to care for them. that. There is no other Senator on the section 305(a)(2) of this Act shall be deemed I thank the chairman and ranking floor now. I see Senator MURRAY is on to be $5,982,301,000: Provided, That of the member for working with me. I know the floor, but I think we can accommo- funds appropriated in this Act for the Na- we all have the same goal of making date the Senator from Georgia for 7 tional Institutes of Health, $370,000,000 shall sure our seniors are adequately pro- minutes. I ask unanimous consent the not be available for obligation until Sep- tected in law term care. tember 30, 2004. I yield the floor. Senator from Georgia be permitted to speak as if in morning business for 7 Mrs. MURRAY. Madam President, I The PRESIDING OFFICER. The Sen- come to the floor this morning to offer ator from Pennsylvania. minutes. The PRESIDING OFFICER. The Sen- an amendment to help some of the mil- Mr. SPECTER. I thank the Senator lions of Americans who are looking for from Wisconsin for offering this ator from Georgia. work in this very tough economy. The amendment. I share his concern about (The remarks of Mr. MILLER are amendment I am offering right now adequate care for seniors in nursing printed in today’s RECORD under provides an additional $801 million for homes. That account is currently fund- ‘‘Morning Business.’’) critically needed worker training and ed at $13.361 million. I note that the The PRESIDING OFFICER. The Sen- retraining programs under the Work- Senator from Wisconsin wants to add ator from Washington. force Investment Act. I am proud that $1 million. We would like to be accom- Mrs. MURRAY. Madam President, I Senators KENNEDY, DODD, LEAHY, JEF- modating. However, as Everett Dirksen ask the pending amendment be laid FORDS, and BINGAMAN are cosponsors of once said, a million here and a million aside so I may offer an amendment. this important amendment. there add up. The PRESIDING OFFICER. Without I would be interested to know if the objection, it is so ordered. Today our Nation faces both a jobs crisis and a skills crisis. There are 9.1 Senator from Wisconsin would care to AMENDMENT NO. 1559 TO AMENDMENT NO. 1542 million Americans searching for jobs respond why he picks $1 million instead Mrs. MURRAY. I send an amendment and another 5 million more Americans of $2 million or $750,000? Where does the to the desk and ask for its immediate are working part time because they Senator from Wisconsin see the need consideration. cannot find full-time work in this stag- for an additional $1 million when there The PRESIDING OFFICER. The nant economy. Those millions of work- already is $13.361 million? I am search- clerk will report. ers need training and skills to get good ing for some rationality as to why this The assistant legislative clerk read jobs that are going to last, and that is million should be added. as follows: Mr. KOHL. I do appreciate that. As I what this amendment before us pro- The Senator from Washington [Mrs. MUR- vides. say, it will take $36 million, in our RAY] proposes an amendment numbered 1559. judgment, to adequately fund the en- I am proud that a wide range of orga- tire program. I know very well that is Mrs. MURRAY. I ask unanimous con- nizations have endorsed my worker not possible. That is not going to hap- sent that the reading of the amend- training amendment, including the pen. I could pick out a figure larger or ment be dispensed with. U.S. Conference of Mayors, the Na- smaller than a million, and it was Sen- The PRESIDING OFFICER. Without tional Association of Counties, the Na- ator Dirksen who did say a million or objection, it is so ordered. tional Workforce Association, the Par- a billion added up to quite a bit of The amendment is as follows: alyzed Veterans of America, and the money. I do recognize $1 million is a (Purpose: To restore funding for certain pro- National Association of Workforce lot of money, but considered in the grams under the Workforce Investment Boards. Act of 1998) context of what we are talking about My office has also received hundreds and the importance of the program, In the matter under the heading ‘‘TRAINING of letters of support from local work- AND EMPLOYMENT SERVICES’’ under the head- which I know the Senator from Penn- force boards, mayors, county execu- ing ‘‘EMPLOYMENT AND TRAINING ADMINISTRA- tives, employers, and just ordinary sylvania agrees, $1 million is a reason- TION’’ in title I, add at the end the following: able number. Subject to the following sentence, for nec- Americans. They all want this Senate I would not impose on the Senator essary expenses of the Workforce Investment to provide additional training opportu- the burden of having to make a dif- Act of 1998, including the purchase and hire nities for our workers. ficult decision if that number were con- of passenger motor vehicles, the construc- The amendment before us would pro- siderably larger. So I am asking for the tion, alteration, and repair of buildings and vide training opportunities for an addi- support of the Senator with respect to other facilities, and the purchase of real tional 200,000 adults, young people, dis- a rather nominal number when we are property for training centers as authorized located workers, Native Americans, by the Workforce Investment Act of 1998, and migrant and seasonal farmworkers. considering the people we are talking $801,000,000, of which— about and the need for our service to (1) $100,000,000 is available to carry out ac- Most of these workforce and training them. tivities described in section 132(a)(1) of that programs have not had any—none—in- Mr. SPECTER. Madam President, the Act (relating to adult employment and train- creases in funding for the entire last difficulty which I have as manager, we ing activities); decade.

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11058 CONGRESSIONAL RECORD — SENATE September 4, 2003 Think about that. We are in the mid- These workers have worked hard and train our workforce because these for- dle of a jobs and skills crisis but most they have played by the rules, yet they eign governments are looking for every of our training programs have not had are losing their homes in record num- advantage to capture additional mar- any funding increases in a decade. bers and even foregoing medical treat- ket share for goods and services that My amendment will increase funding ment for their children. Unfortunately, are currently produced in the United for adults by $100 million; for dis- there is no guarantee these jobs are States. located workers by $159 million; for going to return, making it even more Let us not give our competitors a leg youth by $99 million; for youth oppor- crucial that this Senate provide the re- up. Let us support the Murray amend- tunity grants by $250 million; for mi- training dollars to help those workers ment so we can continue to have the grant and seasonal farmworkers by $23 find jobs in the industries and sectors most highly skilled and productive million; for Native Americans by $20 of the economy that have the greatest workforce in the world and so we can million; and for one-stop infrastructure potential for growth. put our Americans back to work in by $150 million. That funding is going Unfortunately, young people seem to good jobs that will last. to make a huge difference. be the hardest hit by the current job I urge my colleagues to support the I think any Senators who spent time crisis. The youth unemployment rate Murray amendment. with their constituents during the Au- has hit a 10-year high of 19.3 percent. Mr. KENNEDY. Madam President, gust recess from which we have just re- The minority youth unemployment will the Senator yield? turned will recognize the urgent need rate continues to hover around 30 per- Mrs. MURRAY. I am happy to yield for jobs and job training. cent. to the Senator. Last month when I was home I vis- Recent studies have shown that near- Mr. KENNEDY. The Senator from ited two of our one-stop employment ly 50 percent of the job losses in this Washington has just made an excellent centers in my State and I met with recession have occurred to young peo- presentation on an issue which is the staff members who are working to ple who are 16 to 24 years old. Young heart and soul of our economic chal- train residents. I met with local em- people desperately need help but our lenge; that is, to ensure that we are ployers who want to hire people in the Federal workforce dollars currently going to have continued upgrading of community if they have the right serve only about 7 percent of our eligi- skills for workers to be able to compete skills. I met with workers, from young ble youth nationally. in the world economy. people who are just starting their ca- My amendment would increase the On Labor Day, I heard the President reers to established workers who have youth formula grant money to States of the United States talk about the im- been displaced by much larger eco- and localities, and would fully fund the portance of job training and the impor- nomic forces. All of them want the Youth Opportunity Grant Program, tance of continuing education in the skills they need to find a good job. But which has a real track record of suc- employment field. Yet it is my under- for many of them it is very tough cess in many communities and on In- standing, in terms of the administra- going. dian reservations around the country. tion’s request, that there was actually In King County, where Seattle is lo- My amendment also provides des- a reduction in funding for this pro- cated, there is currently a 10,000 person perately needed modest increases for gram—not that money in and of itself waiting list for training. That is ap- some of our most vulnerable popu- is the sole answer. But the Senator is palling. These are people who want to lations—migrant and seasonal farm- very aware that the job training pro- work. They desperately want training. workers and Native Americans. These gram that has been worked out and is But in King County alone they are two groups often have unemployment in place at the present time is really stuck on a waiting list with 10,000 rates above 50 percent with few pros- the result of a very strong, bipartisan other people. They have been waiting a pects for jobs that will provide a sus- effort by Senator Kassebaum, Senator long time. In King County, the freeze tainable income to support themselves MURRAY, myself, and others involved in on training services began last Janu- and their families. trying to work out one-stop shopping ary. It has been a very long and very As a nation, we have to place a high- working with labor, work, and busi- difficult year for everyone on that er priority on helping these chronically ness. We finally got a program that is waiting list. They need our help and underserved populations. My amend- effective, and now the resources are the Murray amendment will provide it. ment does just that. really needed. We find that workers Residents of the State of Washington Finally, my amendment provides getting the training are able to find continue to suffer with the third high- critical infrastructure funding for our employment. It is really a key issue in est unemployment in the country, 7.5 national network of 1,900 one-stop em- terms of our economy today and in percent. Since January of 2001, my ployment centers. These one-stop em- terms of the future. State alone has lost 73,000 good-paying ployment centers integrate nearly 20 Is the Senator not somewhat per- jobs in areas such as technology, aero- Federal workforce and social service plexed, given the statements by the space, and manufacturing. Workers programs at the local level. President that we would have a reduc- who were accustomed to earning $30 to In the HELP Committee, we have tion in funding of the program, which $40 an hour as engineers in my State been working very hard to reauthorize program reflects strong bipartisan ef- are now forced to accept warehouse the Workforce Investment Act, and to fort, passed overwhelmingly in the jobs that pay $8 to $12 an hour. include more related programs such as House and Senate, and supported by Today, one-stop employment centers TANF, small business, and transpor- the President, and which is so nec- across the country are being asked to tation into the one-stops with an addi- essary in terms of having people get- serve more people than ever before, yet tional emphasis on program integra- ting the skills necessary for them to their funding remains below what it tion and seamless service delivery for get back to work? was in fiscal year 2001 when our coun- all eligible Americans. Mrs. MURRAY. The Senator from try was still experiencing relative eco- In summary, the Murray amendment Massachusetts is correct. I heard the nomic prosperity. As a result, workers that is before this body will provide ad- President on Labor Day. I was de- who are searching for jobs are taking ditional hope and opportunity for citi- lighted to hear that he was facing up to longer than in previous recessions to zens who need jobs today. Given the the fact that our economy is strug- find work. In 2000, it took an average of employment trends we will face over gling, with thousands of people out of 12 weeks to find a new job. Currently, the next decade, we cannot afford to work. I am very perplexed that he is it takes approximately 20 weeks, and waste the talents of any worker as we not willing to add additional money to that is only if there are jobs to be continue to compete in the global train our workers. found. economy. As the Senator from Massachusetts According to the Center on Budget I hope all Senators will agree with knows, when a young man or woman is and Policy Priorities, some 1.1 million me that taking care of the training laid off, they don’t have the money to workers have exhausted their extended needs of our workers at home should be provide for their family. It impacts not unemployment benefits with no em- a top priority for our Government. The just themselves but their entire family ployment prospects on the horizon. rest of the world is monitoring how we and their entire community as they

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11059 struggle. They are not going to find the I see our good friend from Wyoming, The way this appears to be offset but same jobs. Our economy is changing. Senator ENZI, on the other side of the really isn’t is through what we use The only way they are going to get aisle who is an expert in terms of train- rather liberally in some of the amend- back into the workforce is if we give ing programs, OSHA, and otherwise. ments, even a couple pending before us them the skills and training to get into We have tried to work this out in a now, which is advance funding. That the economic sectors that have job bipartisan way. This is really a key to means that we steal a little bit out of openings. These programs are critical our economic recovery. another year’s appropriations so we in getting our economy back on track. I thank the Senator from Washington can spend it in this year’s appropria- They are fundamental to getting our for bringing this to the attention of the tions, and, oddly enough, spend it in economy back on track. Senate. I hope we will have strong bi- that year’s appropriations, too. You It is very perplexing to me that the partisan support. We have had bipar- can see if we get into a process of President has not asked for nor sup- tisan support in the past. This cer- spending money twice, we are going to ports the amendment before us that tainly is an amendment that deserves be in some real trouble. will help those workers. it. I thank her for offering it on the ap- This amendment increases funding Mr. KENNEDY. The Senator also un- propriations bill. that is not targeted to individuals who derstands that we are talking about a Mrs. MURRAY. I thank the Senator are in most need of job training and as- different aspect in terms of the need from Massachusetts for his support, his sistance. Of the $801 million increase in for training. We have the youth, we words of wisdom, for his longstanding funds, only $159 million will go to the have the adult workers, and we have commitment to people in this country dislocated workers program—those in- those who are laid off because of skills. who do not have the opportunities, and dividuals most in need of assistance to There are a variety of different chal- for making sure that every American, get back to work. lenges out there, are there not? What no matter who they are, where they So we are going to throw $801 million we want to try to do is make sure we come from, or what circumstances at the dislocated worker problem. are going to take scarce resources and have hit them in their lives, gets the Granted, there are uses for that money use those resources in ways which will opportunities for the American dream in those other areas, but we are going result in giving skills to individuals— that all of us want. Certainly this to do that to take care of $159 million whether they are young, whether they amendment is part of that effort. that will go to dislocated worker pro- are dislocated, whether they are the Thank you, Madam President. I yield grams. I don’t think that is the right adult workers—and get them back into the floor. way for us to go about the process. gainful employment, paying taxes and The PRESIDING OFFICER. The Sen- The committee bill provides $5.1 bil- really returning resources to the econ- ator from Wyoming. lion for job training and employment omy in a very constructive and produc- Mr. ENZI. Madam President, as services, and that is $164 million above tive way. chairman of the Subcommittee on Em- the budget request. Of this total I understand the Senator’s amend- ployment, Safety, and Training of the amount, the committee bill provides ment attempts to do that. Am I cor- Health, Education, Labor, and Pen- $1.43 billion for dislocated worker ac- rect? sions Committee, I have enjoyed work- tivities. Mrs. MURRAY. The Senator from ing with the Senator from Washington, We went through this during the Massachusetts is absolutely correct. As the ranking member. I appreciate all of process of the budget. We approved a I traveled around in August to talk to her efforts on the Workforce Invest- budget. A change in the budget is what people in my State, where we have ment Act, and, of course, the ranking results in budget points of order. So been severely impacted—we have the member of the full committee, Senator the Labor-HHS bill must seek to ad- third highest unemployment in the Na- KENNEDY, who has been working with dress a lot of important needs, not the tion—I talked to students just out of us, and his staff who have been work- least of which is job training funding high school who cannot afford to go ing in great detail to be sure we have a to ensure American workers are college because of tuition increases and Workforce Investment Act we can pass equipped to contribute and succeed in a who do not have the skills to simply this year so that we can make sure the changing economy. Of course, we al- enter the workforce. It is very different money is funneled through the proper ways want that to happen faster than than talking to a young father who is channels and the most people are taken it is ever possible for it to happen. 35 years old with three young kids, who care of for the money. It is up for reau- The committee bill does reduce job was an engineer at Boeing, who will thorization this year. It is particularly training funding from fiscal year 2003 not get that job back and doesn’t have critical that we do it. It is landmark by $85 million, but I explained in a the computer training skills to get into legislation that is a priority for both speech just a little while ago how that another job that will provide him with myself and my colleague from Wash- comes about. The President had to sub- the income to sustain a family with ington. I am pleased that they worked mit his budget before he knew what we three children. so closely on getting this bipartisan were going to do in 2003, because we did There are different programs funded bill to this point. I think we will be not do a budget for the previous year; in my State which we have worked on able to finish it and get it marked up and then we did not pass the appropria- and which were supported in the HELP sometime this month. tion. So what we were going to be Committee. They are different for dis- During the reauthorization process, doing was not known until after he had located workers or for adults or for we have considered how resources are to submit a budget to us. So he had to youth. most effectively used for the people base his budget on what had been done Mr. KENNEDY. Beyond that, as I un- who need it most. There is no problem for 2002, and there was a significant in- derstand it, some of the resources for anybody to see that there is a prob- crease from 2002. Again, we raised it a could be used to retain individuals ac- lem. little bit, and did so again in the appro- tually in school rather than retraining Having said that, I need to explain priation. young workers who drop out of school. that I will be opposing this amend- So unless that can be offset, I am This has an important relationship ment. I want to carefully explain that. going to have to reluctantly oppose the to what we have been trying to do in I am not questioning the importance of amendment. Again, I don’t think we terms of focus, attention, and support job training in these difficult economic ought to spend $801 million trying to for strengthening our education proc- times, nor am I questioning the impor- solve a $159-million problem. I ask my ess to reach out to those individuals tance of the Workforce Investment Act colleagues to oppose this amendment. who may be tempted to drop out but as our Federal workforce development The PRESIDING OFFICER (Mr. EN- can be retained in school and perhaps system. But I am opposing the amend- SIGN). The Senator from Washington. acquire some skills. ment that increases funding for job Mrs. MURRAY. Mr. President, I This effort is reflective of a long ex- training without appropriately offset- thank my colleague from Wyoming, perience—not that there shouldn’t be ting such increased amount. At the ap- and I understand he is opposing the some changes and alterations in a pro- propriate time, I will be taking that amendment. I just say we are in a cri- gram. action. sis in this country. We are in a crisis

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11060 CONGRESSIONAL RECORD — SENATE September 4, 2003 when there are 10,000 people on a wait- choose this word carefully—sort of sur- spare change or for frivolous spending; ing list in King County alone to try to reptitiously issued proposed regula- it is essential. It helps pay the mort- get into a training program in order to tions, changes in regulations that gage, feed the kids, and maybe put a get the skills they need to get back to would affect the 40-hour workweek and little bit away for college for their kids work. We are in a crisis when our econ- take away overtime protection for mil- or save a little bit for retirement. omy continues to struggle and people lions of American workers. I have a recent letter from the Na- are unable to put food on the table, They did not have one hearing on tional Association of Police Organiza- send their kids to college, and to be that. They published it, put this out as tions that represents thousands of law able to feel secure when it comes to a proposed change in the rules and reg- enforcement officers from across the their jobs. ulations. Not too many people knew country. They oppose the administra- We all know we are spending $1 bil- about it. However, I am now aware that tion’s proposal because, as they said: lion a week in Iraq in order to recon- over 78,000 comments have come in on [U]nder such regulations, America’s State struct that country. It seems to me to- this issue from around the country. So and local law enforcement officers, already tally reasonable to ask for $801 million now the Department of Labor is hear- strained by countless overtime hours ensur- for next year to help train our workers, ing back, and more and more Ameri- ing community safety from terrorist threats, to get our economy back on track, and cans are beginning to find out about could lose their basic benefit accorded for to give American families the security this proposal. their efforts. they need in their homes to know they Senator KENNEDY and I, and a num- A recent national survey shows that can take care of their own. ber of our colleagues, will offer an working Americans are now becoming Mr. President, I encourage my col- amendment to protect the 40-hour more aware of this proposal and have leagues to support this amendment at workweek and to make sure overtime great concerns about it. A survey re- the appropriate time. protections are there for American leased this past week by Peter D. Hart The PRESIDING OFFICER. The Sen- workers. Research Associates, pollsters, found ator from Pennsylvania. What the administration has pro- that Americans overwhelmingly dis- Mr. SPECTER. Mr. President, the posed is a change in our regulations agree with the Bush administration amendment offered by the Senator that would eliminate the 40-hour work- proposal. By 17 to 1, the public believes from Washington addresses a very im- week by allowing employers to deny that Federal laws governing overtime portant issue on job training, beyond millions of workers overtime pay, should be changed to cover more em- any question. In structuring this ap- workers who are currently covered and ployees rather than fewer. Fifty-one propriations bill, it has been very dif- guaranteed overtime pay protections percent said it should cover more em- ficult, given the budget resolution and under the Fair Labor Standards Act of ployees. Only 3 percent said it should the allocation which we had. 1938. cover fewer employees. Seventy-four We have at the present time in the This proposal by the administration percent of Americans in this poll op- Senate bill $3,564,436,000 on this line. is antiworker, it is antifamily, and it is pose the Bush administration’s pro- With respect to the dislocated workers bad economic policy. It is an attack on posal to eliminate several million em- assistance, this committee increased America’s middle class. It won’t create ployees’ legal right to overtime pay. the recommendation of the President, one job in our struggling economy. In I would like to take a few minutes to which had been at $1,383,040,000, and we fact, it will do just the opposite. It will explain briefly how the rules work put it back up to the funding of 2003 at cost us jobs. It is part of what I call the right now under the Fair Labor Stand- $1,431,340,000. ‘‘economic malpractice’’ of this admin- ards Act of 1938. Hourly workers are The youth opportunity grants is a istration. And it is working Americans generally guaranteed overtime pay program which had a 5-year sunset. who are the victims. when they work more than 40 hours a The President did not ask for funding Unemployment continues to climb. It week. That has been accepted since for migrant farm workers, but we rein- is now at 6.2 percent, the highest level 1938. Many salaried workers are also el- stated more than $77 million there. since 1994. That means 9.4 million peo- igible for overtime pay under current We maintained the funding for Na- ple looking for work can’t find any. law. tive Americans, and maintained the Since President Bush was sworn in, So what the administration’s pro- funding for one-stop centers. we have lost 3.1 million private sector posal would do would be to make it Now, in an ideal world, with more jobs. We are losing jobs every month. much easier for employers to deny sal- funds, the amendment offered by the The economy is limping along. Our def- aried workers overtime pay protection. Senator from Washington might well icit continues to bloom. It is now over The result is that millions of salaried be the thing to do. But the sub- $450 billion, I am told, by the end of workers, earning more than $22,100 a committee is faced with the con- this year and may be $500 billion by the year, currently eligible for overtime straints, and we structured the very end of next year. So the administration will be denied overtime under these best we could in allocating, as I say, in passed two record tax cuts for the proposed changes. This proposal will excess of $3.5 billion for job training. wealthy to explode the deficit. And in- keep workers from spending time with Unless we can find some offset—and stead of trying to put money in the their families, working longer hours we are constantly taking a look at the pockets of working Americans, the ad- without compensation. Employers will long list of items which we have where ministration now wants to take it be able to force workers to work longer the appropriations are recommended away, taking money out of the pockets hours without pay. for the total of $137 billion—it is very of hard-working Americans, hard-work- In case someone says that isn’t hap- difficult to see how the amendment can ing Americans who may be working pening, I suggest they might want to be accepted, without some offset, with- overtime to help pay some extra bills. go back and read the story in the Sun- out exceeding the limits which we have Late last month, the Economic Pol- day Post of August 31 by Kirstin Dow- under our allocation from the Budget icy Institute issued a report that ana- ney, who documented some of the Act. lyzed the reach of this administration’s things that are happening in the coun- I yield the floor. proposal. It found that up to 8 million try today. The PRESIDING OFFICER. The Sen- workers who currently are eligible for For example, Wal-Mart Stores, Incor- ator from Iowa. overtime pay will lose that eligibility. porated, the Nation’s largest retailer, Mr. HARKIN. Mr. President, I take And as they noted, overtime pay for is facing 37 lawsuits in 29 States from the floor for a few minutes to discuss many of these workers can make up to employees who allege they were ille- an amendment Senator KENNEDY and I 25 percent of the family’s income. We gally forced to work extra hours free to and others plan to offer to address a are talking about people such as meet corporate productivity demands. very important issue, one that affects nurses, police officers, firefighters, re- In December, a Federal jury in Port- the livelihood of millions of American tail managers, journalists, medical land, OR, found Wal-Mart guilty of workers and their families. It is an technicians, surveyors, among a whole asking workers to clock out and then issue that bubbled up earlier this year host of others. For most of these men return to work unpaid. About 400 cur- when the Department of Labor—and I and women, that overtime pay is not rent and former Wal-Mart employees

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11061 participated in the lawsuit, with some in childcare longer hours during the Claim No. 2: The administration’s workers testifying that they falsified day. You will be forced to work over- proposal will actually guarantee an ad- their time records to keep their jobs time, longer hours, but you won’t get ditional 1.3 million low-income work- because they live in small towns with one more nickel for it. Talk about fair- ers overtime pay. few other jobs. ness. Talk about compassion. This is an overstatement. They are About 270 insurance claims adjusters This proposal will not create one new saying it because they are raising the have filed suit in U.S. District Court in job. It will do just the opposite. What current income threshold from $8,060 a Washington, DC, alleging that their it will do is give employers a disincen- year to $22,100 a year—no one is op- employer, GEICO, broke the law by im- tive to hire people because it will allow posed to that—and it is long overdue. properly classifying them as workers them to work their current workers Of course, it has been raised several exempt from overtime pay. longer hours, force them to work times since 1938. Stan Fortune, quoted in this article, longer hours without any extra pay. According to the National Employ- age 47, a former Wal-Mart manager in When President Roosevelt signed the ment Law Project—a coalition rep- Weatherford, TX, said he felt driven to Fair Labor Standards Act into law in resenting the interests of low-wage climb into store management ranks 1938, he made that exact point, that if workers—most, if not all, of those 1.3 during the 17 years he worked there. a worker is working 50 hours a week million workers were already covered On one temporary assignment in Las and not getting paid for that, it does by overtime protections because they Vegas, he said he worked 13 to 14 hours two things—takes him away from his were working in low-paying nonexecu- a day from September 1 through De- family and, secondly, it is a disincen- tive jobs. They add that the DOL’s pro- cember 26 with only 1 day off. Said For- tive to hire anyone else to work. So posed threshold increase ‘‘does not help tune: that is what this proposal will do. It nearly enough workers, because 80 per- will add to the unemployment figures cent of the workforce still makes over It builds up to where that’s the norm. You get three or four hours’ sleep. It becomes in America, not put people to work. the proposed threshold [of $22,100], and what you are used to. Now that I look back As columnist Bob Herbert recently workers earning more than the thresh- it is pretty sad. wrote in the New York Times: old are barely making ends meet in to- That is happening around the coun- You would think that an administration day’s economy.’’ Again, I point out that has presided over the loss of millions of try today. More and more workers are that my amendment does not affect the jobs might want to strengthen the protec- increase in the threshold limit. being asked to work longer hours. tions of workers fortunate enough to still be What the administration wants to do is The third claim they make is that employed. But that’s not what the adminis- first responders—police and firemen— say: We will make that legal. We are tration is about. will not lose their overtime protection just going to exempt them. Again, as I said in my opening, the with this proposal. They have been American workers already work administration does not want the making this claim all along. Unfortu- longer hours than any other industri- American worker to find out what they nately, the proposed regulation as alized country. Right now, according to are doing. They didn’t hold one hearing written would, in fact, put many first this article in the Washington Post, ac- on its proposed rule. Maybe they responders—police and firefighters and cording to the International Labor Or- thought they would slip it through and others—at risk of losing overtime eligi- ganization, American workers work people would not know about it. bility. There is no specific carve-out more than other people in developed I don’t think we should in the shad- for first responders. This proposed reg- economies. They found that American ows set policy that would affect mil- ulation is so vague that it would apply workers put in an average of 1,825 lions of workers and their families. We to many first responders who may have hours per year. French workers, by need to do it in the open. That is why minimal supervisory duties. I plan to offer this amendment. comparison, average 1,545 hours per The National Association of Police My amendment is very simple. It year; German workers, about 1,444 Officers and the International Union of would prohibit any money, any tax- hours per year. According to Lawrence Police Associations both oppose the payer dollars, from being spent to in Johnson, chief of the ILO’s employ- regulations as written. ment trends team: any way implement any administra- The fourth claim: This proposal sim- The European Union and the United States tion proposal that would exempt more plifies current regulations, and it will have two different systems and react to eco- workers from overtime pay protec- make it easier for employers to deter- nomic conditions differently. . . . A lot of tions, who are now currently eligible. mine who qualifies for overtime and what Europeans have—longer vacations, Very simple and straightforward. It who doesn’t. It will also reduce litiga- shorter hours—are legislated, and in the would allow the administration today, tion. United States, it is handled through collec- tomorrow, or at any time, to increase tive bargaining. Well, perhaps that is so. It would re- the number of workers who are eligible duce litigation because it is going to The problem is now only 13 percent of for overtime pay. exempt all these people from overtime American workers are covered under Again, I wish to take a couple of min- protection. But it is not going to make collective bargaining. So most workers utes to clarify some of the claims that it easier. In fact, it would make the are not in the collective bargaining some of the opponents of our amend- rules more confusing by replacing well- agreements that cover overtime. ment have made about the administra- established standards with vague and Major women’s organizations, includ- tion’s proposal. ambiguous language and would spawn ing the National Partnership for The first claim is that the proposed litigation over the meaning of these Women and Families and the American regulation will only result in denying new rules. Association of University Women, op- overtime pay protection to 644,000 According to the Chicago Tribune: pose this proposal because they fear workers, not 8 million. Well, that is be- The Labor Department’s [Wage and Hour that an increase in mandatory over- cause the administration is only count- Administrator] Tammy McCutchen predicts time would take time away from fami- ing people right now who are getting a deluge of lawsuits as employees and em- lies and disrupt the schedules of work- overtime pay. There are millions more ployers press for clarifications once the new ing parents as well as impose addi- eligible for overtime pay but they are rules go into effect. tional childcare and other expenses. not getting it because the employers Also, a recent analysis by the Con- Ross Eisenbrey of the Economic Pol- don’t want to pay the overtime. How- gressional Research Service found that icy Institute has shown that this pro- ever, if you now exempt them, the em- the proposal is vague—it will be largely posal, probably more than anything ployer has no disincentive whatsoever. up to the interpretation of employers else, affects women in this country. It They can work those people longer and the Labor Department to deter- is women who are working in these than 40 hours per week and not have to mine who qualifies and who doesn’t jobs that are about at that level, but it pay them one additional nickel. So the qualify for overtime pay protection. is also the women who have to take administration’s estimate completely So what that says to me is that em- their children to childcare. So get this: ignores the incentive that will be built ployers will have wide discretion—com- What the administration is saying is in for employers to work these eligible pared to what they have now—to re- that you will have to leave your child people longer hours per week. classify and disqualify all kinds of

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11062 CONGRESSIONAL RECORD — SENATE September 4, 2003 workers from overtime pay protection down vote for 29 months—well over 2 For the first 505 days of the Estrada in order to make them work longer years. nomination, the Democrat leadership hours without compensation. I don’t Today is a shameful moment in the refused even to hold a hearing. They really expect the Labor Department to history of this great institution. The defended this delay by arguing that proactively go around and check on Senate has been denied the right to they knew nothing about the can- these employers. They don’t do it now. confirm or reject a brilliant and a well- didate, as if a hearing were not the What if a worker complains? How qualified nominee because of the ob- usual and customary way to resolve many workers are going to risk losing struction of the few—a hard-working such a concern of hearing about the their jobs by complaining? As a person and honorable immigrant American candidate. In truth, there was more in who worked for Wal-Mart said, ‘‘In a who has excelled in the pursuit of the Mr. Estrada’s record than in the small town there are no other jobs. law and risen to the very top of his pro- records of many judicial nominees Therefore, when they want you to work fession has been turned away because Democrats had comfortably confirmed overtime without any extra pay, that of the rankest political partisanship. in previous years. is what you do.’’ In rising today, I wish to take a mo- Opponents also argued at the time I close by saying that I also believe ment to express my regret to Mr. that Estrada lacked judicial experi- this proposed regulation is designed to Estrada and to his family and to ex- ence, despite the fact this was not an give cover to employers that are al- press my regret to the American people impediment to the Clinton nominees ready abusing standing overtime laws. who have been denied the service of who had never served on the bench, Lawsuits by the hundreds—cases pend- this extraordinarily talented and ac- nominees, it should be noted, who went ing before the Labor Department that complished man. on to serve on the very same court to are now months and years back- The record, however, is clear—it is which Estrada was nominated. In fact, logged—will be wiped off the books be- crystal clear: Miguel Estrada was and Earl Warren, William Rehnquist, Wil- cause now the employers that are de- is superbly qualified to serve on the liam Douglas, Lewis Powell, and nying overtime pay will be legal in bench. He was, in fact, unanimously Thurgood Marshall—none of these doing so. well qualified, according to the rating great jurists had any judicial experi- So why do we want to make it easier by the American Bar Association, a ence when first nominated to a Federal to deny American workers overtime rating Democrats once called the gold court. But no matter, our Democrat pay? How does it help the economy to standard. colleagues continued to obstruct. They take money away from millions of low- Miguel Estrada graduated with hon- continued their obstructionist tactics. and middle-income men and women? ors from Columbia University and then Then after finally giving Mr. Estrada a Again, the administration’s proposal from Harvard Law School where he was hearing a year ago, they announced it will do nothing to put money in the editor of the Law Review. He went on was too late in the year to give Mr. pockets of working Americans. It will to public service, including 2 years of Estrada a vote in the Judiciary Com- not create new jobs. It will keep people service in the Clinton administration. mittee. away from their families longer hours. No one—no one—can claim this man is After the Republicans won the major- It is a slap in the face to millions of not qualified to serve on the Federal ity in 2002 and Democrats no longer hard-working Americans—men and judiciary, and I fully expect that some controlled the calendar or the com- women who are starting to make ends day he will stand for a vote by this mittee, opponents moved to plan B, to meet and yet spend some time with Senate again. level baseless charges. their families. It is bad policy. We have Mr. President, as you know, earlier First came the accusation that Mr. an opportunity to stop it with my this year the Senate engaged in an un- Estrada had ‘‘refused to answer a sin- amendment. I plan to offer that short- precedented month-long debate on the gle question’’ at his hearing. At best, ly. I urge my colleagues to support it. Estrada nomination. This debate has that is hyperbole. In fact, Mr. Estrada I yield the floor. continued for months thereafter and, answered over 125 questions. The tran- The PRESIDING OFFICER. The ma- indeed, before the August recess we script from Mr. Estrada’s 7-hour long jority leader is recognized. took the seventh—the seventh—cloture hearing weighs nearly 3 pounds. Admit- f vote to end debate and to allow the tedly, the transcript is heavy with Senate—a very simple request—a sim- questions my colleagues knew full well WITHDRAWAL OF ESTRADA ple up-or-down vote, as the Constitu- Mr. Estrada could not answer. They NOMINATION tion requires. No nominee has ever had knew he could not answer and also Mr. FRIST. Mr. President, a few mo- this many cloture votes. maintain his respect for the inde- ments ago we received a message from As a result of the Estrada debate, the pendent judiciary and abide by the the White House. I will read the mes- Senate has had the opportunity to con- code of judicial ethics. sage and I have comments to make on sider the proper nature of the advise- We learned through the course of a that particular message, and it will ex- and-consent role of the Senate and to lengthy debate that, in truth, some plain the interruption of the debate on question the propriety of the filibuster nominees of President Clinton an- this very important bill that we are ad- as applied to judicial nominees. That swered fewer than 20 questions. One dressing. self-examination is far from over. The nominee answered only three ques- The message from the White House fact is that the use of unprecedented tions, and he was smoothly confirmed reads: filibusters to deny the Senate the free- by a Republican-led Senate. To the Senate of the United States: dom to give advice and consent has, I In truth, Mr. Estrada answered more I withdraw the nomination of Miguel A. believe, done great harm to the Senate than twice as many questions as all Estrada, of Virginia, to be United States Cir- and to, more generally, public dis- three of President Clinton’s appointees cuit Judge for the District of Columbia Cir- course. to the same circuit court were asked at cuit. Mr. President, let me review the their hearings—all three combined. That message was signed by Presi- lengthy saga of Miguel Estrada’s con- Such facts as these naturally raise dent George W. Bush. firmation process. the serious question as to why our It was 29 months ago that the Presi- Miguel Estrada was nominated by Democrat colleagues imposed a double dent of the United States nominated President Bush on May 9, 2001, 29 standard on this particular nominee Miguel Estrada. Today, we have re- months ago. He was among the very with his particular background. In ceived this message that Miguel first nominees to be sent to the Senate fact, the only questions Mr. Estrada Estrada’s name has been withdrawn for consideration, as the Constitution declined to answer, as previous nomi- from further consideration by the Sen- requires, for this body, the Senate, to nees had similarly declined to answer, ate. I expect that many on the other advise and consent. involved how he would rule on cases side of the aisle will be glad of this. In- It is worth noting since that time that might come before him. During deed, we have seen our Democrat col- Miguel Estrada was nominated, our his hearing, Mr. Estrada explained leagues block the entire Senate from country has fought two wars and why. He told the committee members having a very simple, honest up-or- changed the regimes of two nations. that he prizes the independence of the

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11063 judiciary; that he believes a judge must to have a Hispanic nominee of Miguel Mr. ALLEN. Mr. President, will the put aside his personal views and main- Estrada’s extraordinary abilities Senator from Pennsylvania yield? tain impartiality. In my mind, rather named to the Supreme Court should a Mr. SPECTER. I do. than being a reason or a cause for op- vacancy arise. I believe when all is said Mr. ALLEN. I say to my good col- posing his nomination, his integrity and done, the American people, who league from the Commonwealth of only strengthened the case for sup- are sensible and fair, will reach a simi- Pennsylvania that I know he is on the porting him. lar conclusion about this sorry chap- Judiciary Committee. Since Miguel Since that hearing, Democrats had ter. Estrada lives in Virginia, my col- almost 12 months to ask further ques- The fight is not over. We will con- league, JOHN WARNER, and I presented tions of him—any at all. Repeatedly, tinue to press for an up-or-down vote Miguel Estrada to the Judiciary Com- the White House offered Mr. Estrada to for the President’s nominees. We will mittee. The Democrat leader was then answer any written question posed to continue to press for fairness. We will in charge. him. To my knowledge, only one Demo- continue our fight to put qualified Was the Senator from Pennsylvania crat Senator took up that extraor- women, men, and minorities on our present at that committee meeting? dinary offer. Additionally, the White courts. Mr. SPECTER. I was. House offered Mr. Estrada to meet with We will fight the obstructionist tac- Mr. ALLEN. I remember him being any Senator. To my knowledge, only tics of the Democrats and the liberal there. I remember the joy of that com- two Democrat Senators took up that special interest ideologues that drive mittee meeting. Miguel Estrada was particular offer. But unlimited avail- them. there. His wife was there. His mother ability in writing and in person was I yield the floor. Clara and his sister Maria were all simply not enough. The PRESIDING OFFICER. The Sen- there. They were so proud of this young Mr. Estrada’s opponents continued ator from Pennsylvania. man, who came to this country from that partisan drumbeat and continued Mr. SPECTER. Mr. President, I Honduras as a teenager. He was unable to obstruct a simple up-or-down vote thank the distinguished majority lead- to speak English. He applied himself, by their colleagues so we would have er for those comments and express my worked hard, and went on to an Ivy that opportunity to express advice and own personal regret on the withdrawal League school for undergraduate stud- consent. of the nomination of Miguel Estrada. It ies. He then went to Harvard Law At the end, when all the false argu- is not too long ago that I was in col- School, where he graduated magna cum ments were exposed, our Democrat col- lege, in law school, and to hear the aca- laude. He later worked in the Solicitor leagues fell back on one last carbuncle. demic record of Miguel Estrada is enor- General’s Office under President Clin- They denied Mr. Estrada a vote, they mously impressive. One does not go to ton, where he argued 15 cases before said, because the Justice Department Columbia and rank cum laude and one the Supreme Court of the United refused to hand over to them Mr. does not go to Harvard and serve as States, winning most of them. He also Estrada’s workpapers from the years editor of the Law Review there without clerked for Supreme Court Justices. while he was in the Office of the Solic- very substantial academic achieve- The American Bar Association unani- itor General in the Clinton administra- ments. mously recommended him with their tion. Miguel Estrada is a man with a su- highest qualifications. It was really a This was their asking price, despite perb record beyond his academic day of joy. It was uplifting. the fact that every—every—single liv- achievements. When the issue was There were four vacancies on the ing Solicitor General, both Democrat raised about not disclosing the con- court. I remember saying ‘‘adelante’’, and Republican, told the Senate that tents of memoranda which he had writ- come, ‘‘Miguel Estrada.’’ So people such a release of documents would cre- ten when he was an assistant in the So- were charged up about this country ate a harmful new precedent against licitor General’s Office is absolutely seeing that a Horatio Alger story still the interest of the American people. specious. It is just a red herring. There was possible. Seeing that if someone All of this now has passed. What the is no reason for that at all. If one is worked hard in this country and ap- American people now deserve is an ex- going to ask to have a lawyer’s work plied themselves, that if someone rec- planation of why. I suspect many know product made available, there would be ognizes them, like President Bush, and the answer. The saga of Miguel Estrada an enormous chilling effect on lawyers allows them to serve their country on is a tale of great and unbridled Demo- who are working day in and day out ex- the second most important court in cratic partisanship, and the American pressing their views, giving their opin- this country, which is the D.C. Court of people, sadly, are the losers. ions in an honest and candid way so Appeals, that everyone would say, this In the course of the Estrada debate, I their superiors can make an evaluation is what America is all about; there is observed and I listened and I have and a judgment as to what to do. opportunity for all people, regardless of reached my own conclusion. I do not Having gone to college and law their background, so long as they have believe anyone in the Senate would school, and having been a lawyer writ- that record of performance. block a nominee based solely on eth- ing memoranda, which I wrote plenty Then we saw obstruction month after nicity. I do not believe any of my col- of, I know the indispensable quality of month. It took everything the Senator leagues harbor this kind of rank big- being able to say what you believe could do on the Judiciary Committee otry. I do believe, however, that what without having somebody look over to even get him out of committee. happened to Mr. Estrada was due to your shoulder years later in an at- When the Senator from South Dakota, base politics. tempt to deny some appointment. If Mr. DASCHLE, was Leader, we could not To date, the President has nominated you are going to have to play defense even get it out of committee. So this a greater percentage of Hispanic nomi- all the time, you cannot have the kind hold continued, these personal fouls. nees to the Federal bench than any of ingenuity, assertiveness, independ- Now we come to this day, 28 months President before him. The President ence, and intelligence which is what after President Bush nominated Miguel has made clear that he shares the aspi- has made our country strong. Estrada. I have not served as long as ration of the American people to see a I believe the country is much weaker the Senator from Pennsylvania, Mr. Latino serve on the Supreme Court. I for the withdrawal of Miguel Estrada SPECTER, or our great leader, Senator believe Miguel Estrada’s incredible as a potential Federal judge. There FRIST of Tennessee, but I know my col- abilities and special talents would have have been a lot of objections raised to leagues all look at history. Today I eventually led him down this path. I a lot of nominees, but the situation think is a very sad, dark day in the his- believe, as many do, that given his with Estrada was uniquely unmeri- tory of the Senate. An injustice has strong credentials, he would be a su- torious in what his detractors had to been perpetrated, an injustice to this perb candidate should there be an open- say. gentleman with impeccable creden- ing on that Court. He is a young man, and I agree with tials, who is an inspiration to all Many Democrats and hard-left Wash- the majority leader that he will be Americans. ington special interests fear that possi- back. In particular, this was an oppor- bility. They do not want this President I yield the floor. tunity for a Hispanic American for the

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11064 CONGRESSIONAL RECORD — SENATE September 4, 2003 first time ever to serve on the D.C. Mr. Estrada’s withdrawal presents a situation regarding the consideration Court of Appeals. The real motive of positive opportunity for the President. of Mr. Estrada. He states it quite accu- this obstructionism is not his quali- I have worked with the Presiding Of- rately as a member of the Judiciary fications, not his judicial philosophy, ficer. The President should look at Committee. not claims that Miguel Estrada would what we have done in Nevada as a The real issue is whether the Senate be an activist or does not understand model for selecting nominees. Senator is going to perform as our Founding the proper role of a judge, but the re- ENSIGN and I have worked closely on Fathers expected us to perform. Any ality is they want to deny him that recommending nominees to the White fair reading of the Constitutional Con- added aspect on his record of perform- House. I have worked with the junior vention indicates quite clearly until ance that he served on the Court of Ap- Senator from Nevada, who is a rep- the final few weeks of the Constitu- peals. They fear that, should a vacancy resentative of the President’s party, in tional Convention that appointed arise on the Supreme Court of the selecting four judges. power of all United States judges was United States, President Bush would Larry Hicks, who has waited 10 years in the Senate. Only in the last few like to make history and appoint some- to become a judge, was selected pre- weeks was the decision made to make one who has the proper judicial philos- viously by the first President Bush. He it a shared power. It was never under- ophy and is also a Hispanic American patiently waited. He was nominated stood that we were to be a rubber to the Supreme Court. again by the Senator from Nevada and stamp for anything that the Executive This is a sad day for America. As the confirmed and is now sitting as a posed in terms of judicial nominees. Senator from Pennsylvania says, he is judge. The members of the Judiciary Com- a young man. He is willing to serve in Jim Meehan, I practiced law in the mittee in the Senate take that respon- the future and we are going to still same community as Judge Meehan. He sibility very carefully and closely. Part champion Miguel Estrada. I know Sen- was a fine lawyer. He has made a fine of fulfilling the responsibility after the ator SPECTER, Senator MCCONNELL, judge. President makes a nomination is for us Senator FRIST, and those on this side In the Ninth Circuit, Jay Bybee. Jay to make a balanced and informed judg- of the aisle, and a few on the other side Bybee was criticized by some as being ment. In order to make a balanced and of the aisle, such as Senator MILLER of too idealistic, but his background is su- informed judgment, we ought to know, Georgia, Senator NELSON of Florida, perb, an academic, someone who the people ought to know, the Senate Senator NELSON of Nebraska, and Sen- worked not only in academia but ought to know the information the ator BREAUX of Louisiana, we are going worked in various administrations of White House knows; that the President to keep fighting for well-qualified at least two Presidents. He was ap- knows when he is going to make a judges such as Miguel Estrada. proved very quickly and swiftly. nomination to the district court, in I hope and pray some day in the fu- Yesterday, we completed a hearing this case. ture we will have another opportunity on Robert Clive Jones to be a district When the nominee comes before the to vote on Miguel Estrada to serve this court judge. Judiciary Committee and says, look, I country, because we are going to stand We do not need the furor surrounding am quite prepared to share that infor- for people of quality, of character, of judicial nominations. We have ap- mation, and where Members of the performance, and of competence. This proved 145 judges. We should work to other side of the aisle implore the sort of obstruction needs to stop. Sen- have bipartisan support of these White House to make that information ators do not have to vote in favor of judges. There are lots of judges who available so that there could be a com- judges if they so desire, but they have more conservative ideology who plete understanding of the positions should vote one way or the other—not do not draw a lot of attention. One taken by Mr. Estrada, and then a delay, not hold, not obstruct. It is hundred forty-five judges have been ap- movement toward the completion of wrong to treat people in such an un- proved and three have not been ap- the nominee, the White House indi- just, unfair, and inequitable way. proved. cated they were not going to comply I thank the Senator from Pennsyl- The victim in this has been Miguel with that particular request. They are vania, Mr. SPECTER, for his great lead- Estrada. Miguel Estrada has stated the ones who made the judgment that ership in getting Miguel Estrada out of publicly that he would answer the it was more important for them not to the Judiciary Committee. It is a shame questions, but we were told by the have that information shared than the and I think a disgraceful day that President’s counsel that he was not consideration for the Senate of the Miguel Estrada has been forced to going to answer the questions. We were withdraw his name so he can focus, United States to make a balanced and told by the President’s counsel, Mr. with his family, on his future. informed judgment about the complete He has a bright future. I know Sen- Gonzales, that Mr. Estrada would not positions, understanding, and aware- ators share my view that he has a great be allowed to come forward with the ness of this nominee and how they view future for service in this country some- memorandums he had written while in the Constitution of the United States. day when the Senate stops its obstruc- the Solicitor’s Office. He was taking di- I am very hopeful, as the Senator tion. rections from the President’s lawyer, from Nevada pointed out, since there Mr. SPECTER. I have been on the Ju- Mr. Gonzales. has been sufficient and overwhelming diciary Committee for 23 years, and If there is a victim in all this, it is acceptance of so many of the White very few nominees have come with Miguel Estrada—I acknowledge that House nominees, that in the future we Miguel Estrada’s record. When a man with the majority—but it is caused by will be able to work out the process so comes to Washington to serve with the President and the people sur- we can have someone who is qualified, that record, we ought to welcome him, rounding him, not caused by us. All we someone who can command the kind of not send him packing. wanted was to have him answer ques- strong support in the Senate as so The PRESIDING OFFICER. The Sen- tions and supply the memo while in the many other nominees have. And, in ator from Nevada. Solicitor’s Office. particular, this is an enormously im- Mr. REID. Mr. President, on the day I heard a statement as I walked in portant court, as the Senator from Ne- of the withdrawal of Miguel Estrada, it the room saying we have to stop this vada knows, the DC Circuit Court. It is important to keep in mind we have kind of obstructionism. One hundred has very special jurisdiction. The con- approved 145 of the President’s judicial forty-five judges are now serving, and siderations of the rights to workers, nominees. We have worked with the we have approved those judges—we those appeals from the NLRB go to the President to do so in a swift and un- have turned down three—but 145 to 3 is DC Circuit Court. The interpretations precedented pace. Despite the anti-His- not bad. It is overwhelmingly positive. of the environmental laws go to the DC panic rhetoric surrounding Mr. The PRESIDING OFFICER. The Sen- Circuit Court. Protections and matters Estrada’s nomination generated by ator from Massachusetts. regarding the Patriot Act go directly some on the other side of the aisle, a Mr. KENNEDY. Mr. President, I hope to the DC Circuit Court. Democratic President appointed the our colleagues listen carefully to the It has an extremely important role in vast majority of Latino Americans statement of my friend and colleague terms of our whole judicial system serving now in our Federal courts. from Nevada in outlining the factual which increases the responsibility we

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11065 have in ensuring this information today than ever before, longer than in This chart here is ‘‘Workers Without about the nominee is going to be avail- any other industrial nation. At least Overtime Protections Are More Than able to the American people. one in five employees now has a work- Twice As Likely To Work Longer I wish the best to Mr. Estrada. I week that exceeds 50 hours, let alone 40 Hours.’’ agree with the characterization of the hours a week. What does this chart say? That if the Senator from Nevada that he has been We know that employees across workers do not have the overtime pro- the victim of the decision made by the America are already struggling hard to tections, the employers work them White House to refuse to cooperate balance their family needs with their more than twice what they would work with the Senate. work responsibilities. Requiring them if they did have the overtime protec- f to work longer hours for less pay will tion. Why is that important? Because impose an even greater burden to this this particular proposal is taking away DEPARTMENTS OF LABOR, daily struggle. Protecting the 40-hour this kind of protection. The result will HEALTH AND HUMAN SERVICES, workweek is vital to protecting the be that the workforce, which is work- AND EDUCATION, AND RELATED work/family balance for millions of ing longer and harder than that in any AGENCIES APPROPRIATIONS Americans in communities all across other industrial nation in the world, is ACT, 2004—Continued the Nation. The last thing Congress going to find they are going to have to Mr. KENNEDY. It is a privilege to should do is to allow this antiworker work even longer and harder to make join Senator HARKIN on this urgently administration to make the balance ends meet. This is true, even if they needed proposal to protect the 40-hour worse than it already is. are working 50 hours a week. Then they workweek and the right to overtime Sixty-five years ago the Fair Labor are three times as likely to be required pay for millions of working men and Standards Act was signed into law by to work longer than if they had the women. The Bush administration’s new President Franklin Roosevelt and es- overtime protections. regulations are an unfair scheme to tablished minimum wage and max- So we have a situation where we see prop up business profits by allowing imum work hours. It was in the midst Americans working longer and harder. firms across America to reduce their of the Great Depression, and as Presi- We have a situation that, if they do not costs by denying overtime protections dent Roosevelt told the country: have the overtime protections, they to more than 8 million hard-working . . . if the hours of labor for the individual are required by their employers to men and women, including 200,000 in could be shortened . . . more people could be work twice as hard as those with the my own State of Massachusetts. Police employed. If minimum wages could be estab- overtime protections. In the instances lished, each worker could get a living wage. officers, nurses, cooks, clerks, physical of those who work 50 hours a week, therapists, reporters, and many others Those words are as true in 2003 as they are required to work three times would be required to work longer hours they were in 1938. Our modern economy as hard. has lost more private sector jobs dur- for less pay. These are the facts. Nearly 3 in 10 Our amendment is very clear. It says ing this economic decline than in any employees already work more than 40 that no worker now eligible for over- recession since the Great Depression. hours a week and one in five Americans What can the administration be time protections can be denied over- work more than 50 hours a week. One thinking when it comes up with such a time pay as a result of the new regula- in five Americans are working more shameful proposal to deny overtime tion. than 50 hours a week. These working protections on which millions of work- With a failing economy, with more Americans don’t have the time they ers rely? Congress cannot sit idly by than 9 million Americans out of work, need to meet their family responsibil- when more and more Americans lose with so many other families struggling ities. their jobs, their homes, their liveli- Parents today define that biggest to make ends meet, cutbacks in over- hoods, and their dignity. We will con- daily challenge as balancing work and time pay are a nightmare that no tinue to battle to restore jobs, provide family responsibilities and instilling worker should have to bear. Overtime fair unemployment benefits, raise the values in their children. When parents pay now makes up a quarter of their minimum wage, and we will do all we have more time to spend with their total pay, and the administration’s can to preserve the overtime protec- children, they achieve more academi- proposal will mean an average pay cut tions of which so many American fami- cally, improve behavior, and dem- of $161 a week for them. lies depend. onstrate lower dropout rates. Hard-working Americans do not de- I urge my colleagues to support this This proposal by the administration serve this pay cut, and it is wrong for essential proposal to keep faith with is an antifamily proposal because it is the administration to force it on them. the Nation’s working families. going to deny essential resources for Overtime protections of the Fair Labor I wish to take a few moments of the families to be able to meet their par- Standards Act have been a funda- time of the Senate to review what is ticular needs. The result will be all the mental right of this Nation’s workers happening to American workers in re- additional social problems that impact for more than half a century. This lation to other countries around the families that do not have a chance to basic law was enacted in the 1930s to world. It is reflected in this chart. The be together, to stay together, to work create a 40-hour workweek. It requires red columns indicate the number of together, to pray together, to enjoy workers to be paid fairly for any extra hours workers are working and com- each other. hours. Especially in times such as paring it with other industrialized na- The Fair Labor Standards Act over- these, it is an incentive for job creation tions of the world. time protection works. Workers are because it encourages employers to As you can see from this chart, compensated time and a half their reg- hire more workers instead of forcing American workers are working longer ular pay for hours worked in excess of current employees to work longer and harder than those in any other in- the 40 hours per week. That is what the hours. dustrial nation of the world. That has law is. Employers have a financial dis- The economy has lost more than 3 been a phenomenon that has really de- incentive to work employees excessive million private sector jobs since Presi- veloped in the recent times. hours. Employers have an incentive to dent Bush took office. The Bush admin- This chart shows that U.S. work hire more workers instead. istration is wrong to propose regula- hours have increased while those in As we see, that is the current law. tions that will enable businesses to re- other industrial nations actually de- This is the current employment situa- quire their employees to work longer creased. The United States—we see tion where we see the loss of jobs for hours and reduce the need to hire addi- over here the increases; and the decline more than 3 million American workers tional workers. in other industrial nations. So here we over this period of time. So we are find- According to the congressional Gen- have a workforce that is prepared to ing at the present time our workers are eral Accounting Office, employees work and prepared to work long and working longer and they are working without overtime protection are more hard. Yet we find the administration is harder in order to provide for their than twice as likely to work overtime attempting to penalize these workers families. We have the greatest loss of as those covered by that protection. for being willing to work and for work- jobs that we have had since the time of Americans are working longer hours ing long and hard. the Great Depression.

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11066 CONGRESSIONAL RECORD — SENATE September 4, 2003 What this particular proposal is say- we are going to reduce their pay at the Mr. KENNEDY. Yes. ing is that isn’t even enough. Even same time. What kind of message is Mr. HARKIN. I first wish to thank though you are working longer and that at a time when we are talking the senior Senator from Massachusetts working harder than at any time be- about homeland security? for his many years of leadership and fore, we are going to take away the Millions of workers depend on their support on issues that really affect protections which are going to effec- overtime pay to make ends meet. The working families in America. No one tively deny the average family who is most recent statistics show that over- has fought longer and harder and more receiving overtime about $161 a week. time pay accounted for more than 25 successfully in the past to protect the With all the challenges we are facing percent of the income of workers who working families of America than the in this country, the fact that workers worked overtime which they depend on senior Senator from Massachusetts. I who are working longer and harder and in terms of their income. The workers am very proud to have his support for are making $161 on average in overtime are stripped of their overtime protec- this amendment and for his joining us is not on the front burner. These Amer- tion, and they will be forced to work in trying to do what we can to stop this icans are working. They ought to be longer hours for less pay. assault on the American working fami- entitled to that protection. That is what this is about. It is just lies, as the Senator so ably pointed We have now more than 8 million a major broadside against workers in out. workers—2.5 million workers are sala- America who are working longer and I must say to the Senator that people ried employees and 5.5 million hourly harder, attempting to maintain their ask me all the time: Why would they workers—who will lose their overtime jobs, hopeful that they won’t be dis- do this? Why would the administration, pay under the Bush proposal. Even missed or fired as a result of the eco- sort of under the cover of darkness, some who are salaried workers are eli- nomic policies of this administration want to at this point in time, or any gible for overtime. This is 8 million which has seen the greatest growth of time, take away the protections of who would be eligible for overtime who unemployment since the Great Depres- overtime pay for millions of Ameri- will be denied that. sion as a result of economic policy. cans? I must tell the Senator from Even the business community admits The Senator from Iowa will remem- Massachusetts that I am hard pressed this will have widespread effects. Ac- ber when we had different economic to answer that question. Why would cording to the Society for Human Re- policies. We had them during the pe- they want to do this? I throw up my source Management: riod of President Clinton when we had arms. It makes no sense economically. This is going to affect every workplace, the longest period of economic growth It is antifamily, as the Senator from every employee, and every professional. and price stability in this country Massachusetts pointed out. It is bad This is widespread in its impact on since the early part of the 1960s. That economic policy. We are not going to working families in this country. was because of economic leadership at create more jobs. In fact, we will cause This is a chart which should give you the national level. In the early 1960s, the loss of more jobs. I am hard some kind of historical perspective of we had the longest period of economic pressed. the number of workers who were pro- growth and price stability than we had I wonder if the Senator has any ideas tected in terms of overtime. The per- for better part of the century. to help me answer constituents and centage of workers who were not pro- National economic leadership is es- others who ask me why the administra- tected was 17 percent in 1983. In 1998, it sential in terms of ensuring the people tion proposes an outlandish assault on was 20 percent. Now, under the Bush are going to work. We have a failed working families. I am at a loss. I don’t proposal—here it is—33 percent. Thir- economic policy with 3 million people know if the Senator can help me. ty-three percent of the workers, effec- left out of work. And for those who are Maybe they have given in to some of tively. left in, we are cutting back on the pay the people in the business community. It includes the 8 million who will not of some of the hardest working individ- As I say, it is not all the people. Not all be eligible. The impact of this is very uals in the world. That is unfair. That the people in the business community clear. That is sort of a major pay cut is unjust. It is done by the issuance of agree with us. But there are a few who for workers. American workers are a regulation rather than as a result of are pushing. working longer and harder than any legislation and hearings. It will not Maybe the answer is that people in other industrial society in the world. stand. the business community just want to Who are they? They are millions of I commend the Senator from Iowa for be able to tell their workers what to workers who would lose overtime pro- his leadership in this area because he is do, when to do it, and how to do it, tections under the Bush proposal. involved in some other issues that af- with no restrictions whatsoever on how Let us be clear for any who are fect working people and farmers and they tell their workers what to do and watching this debate. Police officers others on the forefront. I commend him when they can work. That is the best I will be affected. Nurses will be af- for all he has done. I am proud to join can come up with. fected. Cooks and chefs and clerical with him in resisting this proposal be- Mr. KENNEDY. The only answer I workers will be affected. Firefighters cause it is just wrong. It is wrong for can reach is that it is the result of and physical therapists will be af- the workers. It is wrong for our econ- pressure being exerted on the adminis- fected. It is interesting that these are omy. It is wrong for families. This is a tration by these business groups that first responders—police officers, fire- family issue. It is a homeland security do not want to be in a position of hav- fighters, and nurses. They are our first issue. It is a children’s issue. It is a ing to hire additional workers, and responders. We are talking about try- women’s issue because so many of they don’t want to be paying addi- ing to give support to our first respond- these workers who work overtime in tional overtime pay that has been a ers on the one hand, and on the other the economy are women. part of the whole social balance in this hand we are taking away the economic Make no mistake, the women will be country and society and recognized as protections they need to provide for hurt by this proposal. They are work- such by Republicans and Democrats their families. ing hard and trying to raise their fami- since the 1930s. We continue along with the various lies. Make no mistake about who is Forty hours of work a week is what groups: Paralegals, reporters, dental being impacted on this. workers ought have as an opportunity hygienists, graphic artists, book- It has broad implications in terms of for employment. Under special cir- keepers, lab technicians, and social our economy. It is not right, it is not cumstances, if they are going to have workers. fair, it is not just, it is bad economics, to work longer or want to work longer, The interesting irony is that they are and it is just lousy policy. they get the time and a half. our first responders. We not only fail to There are those of us who will be Now what we undermining is the age- give support to the local communities joining together with the Senator from old concept about the importance of which they need for the first respond- Iowa to see that we resist this pro- protecting a 40-hour week. We are ef- ers to terrorism, but on the other hand posal. fectively eliminating that. Make no we are sending a message to the police Mr. HARKIN. Mr. President, will the mistake about it. Effectively, the 40- officers, firefighters, and nurses that Senator yield for a question? hour workweek will be eliminated for

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11067 millions of workers with this proposal cause, again, it just shows to me the Mr. HARKIN. I respond to the Sen- because now employers will be able to zeal—the zeal—with which this admin- ator from Massachusetts, from all the require hours from the workers with- istration and their advisers want to at- polls we have seen, all the data we have out having to give them fair compensa- tack working families in this country seen, the American people do not want tion. and to take away overtime pay; that this. They want more overtime pay But let me ask the Senator. The Sen- they are willing to put out that threat protection, not less. ator from Iowa is a floor manager with of a veto and take away Head Start I say to the Senator from Massachu- the Senator from Pennsylvania on this Program funding, maternal and child setts, while he was speaking, I was legislation which has important fund- health care, elementary and secondary thinking about something I said a few ing for education programs, for health education, all the other things that are days ago about the fact that the ad- programs, for job training programs, in this bill, simply because they want ministration is turning the clock back for the NIH, and all the research we are to take away overtime pay from mil- prior to 1938 when we passed the Fair doing in terms of cancer research—all lions of American workers. Again, I Labor Standards Act. And someone kinds of research. find this bordering on the bizarre. said that was sort of overblown rhet- Is it true that this administration Mr. KENNEDY. I say to the Senator, oric on my part—that of course no one has said, if their proposal—which will I certainly agree. I know we are going wants to turn the clock back. deny millions of workers overtime to have an opportunity to address this As I started doing more research into pay—is eliminated, this administration and debate this issue, but I hope our what happened with the Fair Labor and this President will veto the under- colleagues, over the period of the next Standards Act, I came across an inter- lying bill which they feel so strongly day or so, will really think long and esting item. The first kind of strikes about in terms of the income of work- hard and deeply about this proposal. that occurred asking for an 8-hour day ing families who are working longer We have been attempting in this started in 1886, the famous Haymarket and harder providing for their children; body to raise the minimum wage for Square riot in Chicago. That was try- that they are prepared to risk the fund- working families. Effectively, without ing to get an 8-hour day at that time. ing of these vital services which are ab- raising the minimum wage this year, This finally built up to the 1930s during solutely at the heart of the quality of we will lose all of the gains of the last the Great Depression. The 40-hour life of the American people? increase. And we are denied on the workweek was a compromise. The Sen- Am I correct in understanding that other side of the body. We indicated we ate, in 1937, passed a measure providing this is the administration’s position, would like to raise the minimum wage. that they feel so strongly about taking In fact, there are millions of workers for a 30-hour workweek. Think about away the overtime pay for workers in this country who are working two or that. If we were to propose a 30-hour that they are prepared to risk the three jobs a day. These are primarily workweek around here, I don’t know whole funding stream for education, for women. About 62 or 63 percent of those how many votes you would get. You health, for NIH, and for job training, workers who earn the minimum wage would not get many. the range of different services that are are women. One-third of those women In 1937, the Senate passed a measure so important to the well-being and have children, so it is a children’s providing for a 30-hour workweek. It health and education of people in this issue. It is a women’s issue. It is a civil was only because business ganged up country? rights issue because most of the people and they said they had to compromise, Mr. HARKIN. I just respond to the working at the minimum wage are men and they compromised on a 40-hour Senator, he made a great point. I can and women of color. And it is a fairness workweek. only say what Reuters news agency re- issue. So when I say they are turning the ported 1 day ago, yesterday, saying: The American people support over- clock back to before 1938, I mean it. The White House issued a veto threat . . . whelmingly the fact that people who That is exactly what they are trying to against a Democratic bid to derail its pro- want to work hard, 40 hours a week, 52 do, put us back to a time when people posed changes in federal work rules that weeks a year, should not have to live in worked 10, 12 hours a day with no com- [would] cost millions of Americans overtime poverty for themselves and their chil- pensation for it and had little time pay. . . . with their families. That is exactly If the Senate adopted the amendment, dren. We cannot get a vote on it. The President Bush’s advisers would recommend other side will not let us have a vote on what this measure is intended to do. he veto the spending bill, the White House it. You couple that with what the Sen- budget office said. So they will not let you take care of ator from Massachusetts said about I say to the Senator from Massachu- those who are at the lower end of the Davis-Bacon, the fact that we can’t setts, this is again mind-boggling, that economic ladder. Here they are going even get a vote on the minimum wage. if the Senate expresses its will that we on to take the overtime away. They The Senator from Massachusetts for do not want these rules to go into ef- have assaulted Davis-Bacon, which is the last couple, 3 years has been trying fect, they are going to veto this bill ways of giving protection to workers to get this vote up. We can’t get a vote that has money in it for vital basic who are trying to do a decent job in up. They won’t let us vote on it. I hope medical research for all of NIH, the Na- terms of building and constructing the we will vote sometime this year on the tional Institutes of Health, all of the great parts of American commerce. minimum wage. But these are all at- funding for higher education and Pell And what in the world, we find out that tacks on workers. grants—and, by the way, I know the on the issue of worker health and safe- Mr. KENNEDY. Pensions. Senator and others have amendments ty, they are now rescinding the pro- Mr. HARKIN. All of them. to make sure we get those Pell grants posed tuberculosis standards which (Mr. GRAHAM of South Carolina as- up, and I support him in that effort— have been in development for 10 years, sumed the Chair.) all of the funding for elementary and when we have a dramatic increase in Mr. DAYTON. Will the Senator yield secondary education, Head Start pro- the problems of tuberculosis and other for a question? grams, maternal and child health care airborne diseases in this country. The Mr. KENNEDY. I have the floor, and programs. They are going to veto the list goes on and on. after the Senator has finished, I will be whole thing because they are so ada- What is it about this administration? glad to yield. mant that they want to take away With all the challenges, with Iraq Mr. HARKIN. Go ahead. overtime pay from American workers. adrift, our grids and electrical systems Mr. DAYTON. Isn’t it also true that I hope this is a mistake. I hope Reu- crashing, the judicial nomination proc- this administration proposed elimi- ters was wrong, but I can only rely ess in shambles, and the economy sput- nating taxation on other income? upon what they have said. The White tering, they are spending their time at- Doesn’t the Senator think it is a little House has not communicated this to tacking and assaulting working men odd for an administration to be penal- me directly, but this has been reported and women in this country. Can the izing people who want to work, people from the White House, that they are Senator possibly help me understand who want to work overtime and, at the going to veto this bill over this. how this is a priority, given all the same time, providing tax breaks or tax I say to the Senator from Massachu- other kinds of needs we are facing in elimination for people who don’t work setts, I am glad he mentioned that be- this Nation? for their income?

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11068 CONGRESSIONAL RECORD — SENATE September 4, 2003 Mr. KENNEDY. The Senator is quite But the bill before us leaves 6 million serve. We have seen hundreds of high- correct. There is a panoply of different children behind. It underfunds the poverty schools across the country issues that affect working families. On Title I program for needy children by turn themselves around with exactly each and every one of them, I think over $6 billion. Under the Republican these reforms, because they have the any fair assessment is that the admin- education budget, some 6 million needy necessary resources to do. We need istration comes down on the wrong side children will not get smaller classes, more, not fewer, resources for school of it. Today it is overtime. And this is will not get supplemental services, and reform, so that the reforms we say we a debate at the core of what policy this will not get the special attention they care so much about can actually suc- administration is focused on. need to meet high standards. ceed. But I think, as Senator DAYTON and In March of last year, President Bush Sadly, the Senate is suddenly start- others have pointed out, there are a promised to support teachers, making ing to move even more harshly in the whole range of issues that shortchange sure they ‘‘get the training they need wrong direction. For the first time in American workers, and we have every to raise educational standards.’’ eight years, the Senate education intention of continuing the battle for But the bill before us cuts 20,000 budget is lower than the House pro- them. teachers from professional develop- posed education budget. And the House Mr. President, I would like to speak ment programs. It completely elimi- Republican bill falls short by over $8 briefly on another subject. I know nates training for teachers in tech- billion, compared to the amount need- there are others who want to speak. nology. We need to upgrade and expand ed to fully carry out the No Child Left But I will just take a moment of the teacher quality efforts, not downgrade Behind Act. The Senate bill before us is Senate’s time to address an education teacher training. The No Child Left Be- even worse. This bill actually cuts issue which, hopefully, we will have a hind Act requires schools to give every funds for the No Child Left Behind Act. chance to address and debate further. classroom a high quality teacher. They Obviously, money is not the answer But I think it is important that we need more resources, not fewer re- to all the problems of our schools. But have it out in the RECORD so our col- sources, to reach that goal. the way we allocate resources in the leagues are aware of it. President Bush promised that his Ad- federal budget is a pretty clear expres- Mr. President, many of us are deeply ministration ‘‘will promote policies sion of our view of the nation’s prior- concerned about the continuing failure that expand educational opportunities ities. And the priorities on education of our appropriations for education to for Americans from all racial, ethnic, reflected in the bill before us—the fulfill to promise that the Congress and and economic backgrounds.’’ product of a Republican-only budget the administration made to pay for the The bill before us undermines sup- process—are profoundly wrong. school reforms of No Child Left Behind port for non-English speaking children I hope a bipartisan group of col- signed just a year and a half ago. and undermines support for many of leagues will come together as we con- Make no mistake, the bill before us the nation’s neediest children. sider this legislation, and keep the continues to have harsh cuts in edu- The bill before us cuts 32,000 children promises we made to help these cation that will hurt families, stu- from English as a Second Language schools. Our nation and our nation’s dents, and teachers throughout the programs. schools and students deserve no less. country. These are the children of It cuts 40 percent of funding for the I want to talk about the issue of these workers we were just talking children of migrant workers struggling higher education, specifically. In the about. to get their GED and go to college. area of education, the amendment I The President and Congress promised It eliminates dropout prevention offer with Senator COLLINS increases to reform and improve public edu- funding. the maximum Pell grant by $500, in- cation, to leave no child behind over a It eliminates the Thurgood Marshall creases other financial aid to keep pace year ago. We said to the parents and Scholarship program. with the soaring tuition costs college teachers: Help is on its way. But if we This legislation basically does noth- students and their families are now pass the school budget before us, the ing to help families afford college, at a facing. A coalition of 56 higher edu- message to parents and teachers and time when the rising cost of college is cation and student organizations schools would be: You are on your own. keeping minority and low-income stu- throughout the country supports it. A pattern is emerging. Each year the dents out. Average public college tui- The $2.2 billion is offset by the same President picks a large area to work on tion rose almost ten percent this past mechanism the majority uses in the in a bipartisan fashion and promises year. The average public university’s underlying substitute to offset their compassion and help. In the past, that annual costs now equal more than 62 funding levels. We rescind $2.2 billion area has been in education. This year, percent of a working class family in- in fiscal year 2004 advanced appropria- it is the global AIDS crisis, and we come. Each year, over 400,000 college- tions made in fiscal 2003 and reappro- hope that the promised support will ready, low-income students do not pur- priate those funds in fiscal 2003. happen. But on education, the promises sue a four-year college degree, because Our Nation faces a growing crisis in made consistently have been broken. In they cannot afford the cost. Yet this higher education because of the soaring fact, the bill before us contains a lit- bill has a zero increase in individual costs of tuition in recent years. The any of broken promises on education, student Pell grants, zero increase in crisis is now far worse because State because the Republican Congress re- the campus-based financial aid pro- and local budgets are in crisis, too. fuses to keep them: gram, and zero increase in the college Cash-strapped States are dealing with In January 2002, President Bush work study program. $80 billion in deficits by cutting higher promised that ‘‘America’s schools will After all the promises made and all education funds and forcing public col- be on a new path of reform . . . our the public visits to schools, how can we leges to raise tuition. According to a schools will have greater resources to possibly approve a cut to the No Child USA Today report last week, over 40 meet those goals.’’ But the bill before Left Behind Act? percent of public colleges in America, us cuts funding for the No Child Left If we intend to hold schools and stu- which educate three-quarters of all col- Behind Act by $200 million. We have dents accountable, Congress and the lege students, are raising tuition by raised standards and raised expecta- Administration have to be accountable more than 10 percent a year. There has tions on school children. We hold too. We know what works in school re- been a $1,750 increase in tuition and schools accountable for better perform- form. When we provide the resources, fees at the University of Massachu- ance. Yet now, the Republican major- we know that schools can be turned setts. Northern Virginia Community ity wants to cut funding for school re- around. They can upgrade their cur- College, which has the most commu- form. ricula, provide diagnostic tests that nity college students in Virginia, has President Bush promised that we identify learning needs early, train raised tuition by 45 percent. Iowa has would ‘‘leave no child behind,’’ and teachers in the latest and best instruc- raised tuition by 19 percent at all pub- that became the title of the landmark tional techniques, and give students lic colleges. The University of Arizona school reform bill he signed into law the after-school academic help and has raised tuition by 28 percent; the over a year and a half ago. English language instruction they de- University of Missouri by 18 percent.

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11069 Unless this amendment is adopted, come is $15,000 a year. It will bring new Mr. KENNEDY. Mr. President, I ask over 100,000 current college students Pell grants to 200,000 new recipients. It unanimous consent that reading of the are in danger of dropping out because will expand the TRIO and the GEAR- amendment be dispensed with. of higher tuition costs and zero in- UP Programs to enable historically The PRESIDING OFFICER. Without creased financial aid. underrepresented students to achieve objection, it is so ordered. Hard-working students are threat- the goal of a college education. It sup- The amendment is as follows: ened, students like Tawn Pham at the ports graduate students in the science, (Purpose: To increase student financial aid University of Massachusetts in Boston. humanities, and public interest. by an amount that matches the increase in Tawn is 21 years old. He works at the It will bring us a step closer to guar- low- and middle-income family college local courthouse. He is a Pell grant re- anteeing all Americans a promise of costs) cipient. He borrows Stafford loans. His education security. Just as we have On the appropriate page and line, insert be- family came to America from Vietnam fore the period the following: ‘‘: Provided fur- made Social Security and Medicare a ther, That of the funds appropriate in this in 1987. Without financial aid, he would promise to our senior citizens over 60 Act for the National Institutes of Health, never have gone to college. Without in- years ago, we should make education $1,470,000,000 shall not be available for obliga- creased financial aid, his college edu- security a promise to young men and tion until September 30, 1994’’. cation is threatened by recent tuition women. If you work hard, finish high On page 76, between lines 4 and 5, insert and fee hikes. The American dream we school, and are accepted for admission the following: all pay homage to is threatened for to college, we should guarantee you SEC. ll. (a) INCREASE IN FUNDING.—In ad- young students like Tawn Pham be- dition to any amounts otherwise appro- will have the opportunity to earn a col- priated under this Act for Federal Pell cause of our threatened failure to in- lege degree. Grants under subpart 1 of part A of title IV crease financial aid. I urge my colleagues to support the of the Higher Education Act of 1965, there The answer is not simply to allow pending amendment. Surely we have are appropriated an additional $1,688,000,000 students to borrow more and more. reached the stage in America where we for such grants. In addition to any amounts Vast numbers of college students are can say it and mean it—inability to otherwise appropriated under this Act for already borrowing, for example, tens of pay the cost will never again be a bar- Federal Supplemental Education Oppor- thousands of dollars to pay for their rier to the dream of a college edu- tunity Grants under subpart 3 of part A of education. Twenty years ago a typical title IV of the Higher Education Act of 1965, cation. there are appropriated an additional aid package was 40 percent loans, 60 I would just point my colleagues’ at- $115,000,000 for such grants. In addition to percent grants. Today the figures are tention to a statement from the admin- any amounts otherwise appropriated under reversed. The typical package is now 60 istration, an administration policy. I this Act for Federal Work-Study Programs percent loans and 40 percent grants. will include the relevant parts—execu- under part C of title IV of the Higher Edu- And students who are pursuing grad- tive branch, September 2 statement, cation Act of 1965, there are appropriated an uate work confront upwards of $120,000 Pell grant programs: additional $157,000,000 for such programs. In in student loan debt. Yet the banking ‘‘The bill provides $12.2 billion for addition to any amounts otherwise appro- industry proposed that students borrow priated under this Act for the Leveraging Pell grants, $538 million less than the Educational Assistance Partnership Program even more at higher interest rates to President’s request for the high pri- under subpart 4 of part A of title IV of the go to college. ority program.’’ Higher Education Act of 1965, there are ap- Last year the Bush administration This is the administration saying propriated an additional $33,445,000 for such proposed to make consolidated student that the underlying substitute is $538 program. In addition to any amounts other- loans more expensive. No young person million below what the President of wise appropriated under this Act for Federal should have to mortgage their future the United States even requested. Trio programs under chapter 1 of subpart 2 of in order to go to college. They should Under the Department’s most recent part A of title IV of the Higher Education Act of 1965, there are appropriated an addi- be paying off the loans they have at estimates of Pell, the Senate level may lower interest rates, not higher inter- tional $160,000,000 for such programs. In addi- be insufficient to cover the cost for tion to any amounts otherwise appropriated est rates. student awards in 2004. That’s true. under this Act for Gear Up programs under Vast numbers of students are already We believe that this amendment that chapter 2 of subpart 2 of part A of title IV of taking jobs to defray the costs of their we’re offering ought to be accepted. It the Higher Education Act of 1965, there are education. Half of all college students is related obviously not only to those appropriated an additional $57,000,000 for who take part-time jobs are now work- children who are going on to college, such programs. In addition to any amounts ing 25 hours a week and trying to be but it also helps and assists GEAR-UP otherwise appropriated under this Act for loan cancellations under the Federal Perkins full-time students, too. Their studies children coming in—which are basi- are clearly suffering, and so is their fu- Loans program under part E of title IV of cally the children who would fit into the Higher Education Act of 1965, there are ture. this category, and helps the TRIO Pro- appropriated an additional $33,000,000 for According to GAO, only 41 percent of grams. It gives general support for the such loan cancellations. In addition to any students who work between 20 and 31 education continuum for these children amounts otherwise appropriated under this hours a week complete a college de- that would otherwise definitely not Act for the Graduate Assistance in Areas of gree. For students who work 32 hours a have the chance to attend higher edu- National Need program under subpart 2 of week or more, the figure is even worse. cation. part A of title VII of the Higher Education Sadly, this bill provides virtually no Act of 1965, there are appropriated an addi- I ask unanimous consent to set the tional $13,200,000 for such program. In addi- new help for students and families pending amendment aside so that I struggling to pay the increased cost of tion to any amounts otherwise appropriated might offer an amendment. under this Act for the Thurgood Marshall higher education. The PRESIDING OFFICER. Without Legal Educational Opportunity Program In the bill before us, there is zero in- objection, it is so ordered. under subpart 3 of part A of title VII of the crease in the maximum Pell grant; zero AMENDMENT NO. 1566 TO AMENDMENT NO. 1542 Higher Education Act of 1965, there are ap- increase in Perkins loans; zero increase propriated an additional $7,000,000 for such in work-study aid; zero increase in Mr. KENNEDY. Mr. President, I send program. The amount $4,050 under the head- campus-based financial aid; zero in- an amendment to the desk. ing ‘Student Financial Assistance’ in this crease in support for leveraged State The PRESIDING OFFICER. The title shall be deemed to be $4,500. The student aid. clerk will report. amount $9,935,000 under the heading ‘Higher Education’ in this title shall be deemed to be The amendment Senator COLLINS and The assistant legislative clerk read as follows: $15,000,000. I are proposing is a stopgap effort to (b) BUDGETARY AUTHORITY.—The amount The Senator from Massachusetts [Mr. KEN- provide assistance for hard-pressed col- $6,895,199,000 in section 305(a)(1) of this Act NEDY], for himself, Ms. COLLINS, Mr. DODD, lege students and their families. It will shall be deemed to be $9,151,909,000. The Mr. REED, Mr. BINGAMAN, Mrs. MURRAY, Mr. help the 4.8 million Pell grant recipi- amount $6,783,301,000 in section 305(a)(2) of KERRY, Mr. LIEBERMAN, Mr. EDWARDS, Mr. this Act shall be deemed to be $4,526,591,000. ents whose median family income is PRYOR, Mr. CORZINE, Ms. STABENOW, Mr. $15,000 a year. There are 4.8 million stu- AKAKA, Mr. LAUTENBERG, and Mr. SCHUMER, Mr. KENNEDY. Mr. President, I un- dents who are going to institutions of proposes an amendment numbered 1566 to derstand there are a number of pending higher learning, and their family in- amendment No. 1542. amendments, the order of which and

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11070 CONGRESSIONAL RECORD — SENATE September 4, 2003 the time of which will be worked out ployment recession we have had since educational environments where they by the floor managers. We wanted to the Great Depression. It is a real prob- can have access to the American prom- make available to the Members today lem for working Americans. And now ise. this amendment. We will obviously we are trying to make it really hard on I don’t get it. I don’t think the Amer- work with the leadership and floor the people who do have jobs. Not only ican people get it. I think we have to managers to have appropriate time for are we not doing addressing unemploy- make sure everyone understands this debate and discussion. ment in this country in a real sense, administration, and those who believe I yield the floor. but we are now placing burdens on they want to so-call ‘‘clarify’’ the rules Mr. CORZINE. Mr. President, first I those who actually are delivering and and change them, is really under- wanted to speak on Senator HARKIN’s working every day. I think it is just mining the economic health and wel- amendment with regard to protecting discouraging to undermine the eco- fare of our American middle class—the overtime pay for hard-working Ameri- nomic well-being of those who are people who are paying the bills, living cans. I also want to second the efforts working, as well as ignoring those who their lives within the rules, and doing Senator KENNEDY is making. Both Sen- are left out in this jobless recovery we the right things for everyone. ators HARKIN and KENNEDY are giants have. Mr. President, this country deserves with regard to protecting hard-working Senator HARKIN has been so eloquent better, in my view. I stand fully behind Americans who are under incredible in talking about this back-to-history the efforts of Senator HARKIN and those stress in our economy today. view of where we are taking ourselves. who are pushing very hard to block I heard Senator KENNEDY talk about Looking at the 1938 Fair Labor Stand- this work rule change that I think un- the people with $15,000 annual incomes ards Act and the 40-hour workweek— dermines the health of our economy who benefit from Pell grants. Tuitions one of the highest ones in economically and the health and welfare of working are going up 15, 20 percent across the developed countries—nobody is arguing Americans in our economy. It is bad board. They are 9 percent in New Jer- that we ought to change that; we are and it should not go through. We need sey, so I guess we are doing well at saying you ought to get time and a half to support this amendment that pro- Rutgers. We are not increasing our fi- when working overtime, and we should tects working Americans. By the way, nancial aid at all. The Senator also define it in a way that is really mean- that will be good for everybody. That knows that back in the drawing rooms ingful for people who work on hourly will be good for business, good for cre- of the Education Department they are wages. ating demand in our society, and I hope changing the regulations that are re- I just don’t understand the timing. I we understand we have to look at this ducing the amount of grants and avail- don’t understand the proposition of it. on a holistic basis, not on something ability of funding for both grants and We should be encouraging having re- that just helps special interests and a financial aid for middle-class Ameri- sources in the pockets of people who limited number of folks in our econ- cans. It is unbelievable what we are will go out and spend it and drive the omy. I think we can do a lot to improve doing to and the pressure we are put- economy. When we are talking about our economy. One of the ways to do it ting on the American people, the hard- how we get jobs growing in this coun- is to stop these kinds of actions from working people who drive this econ- try, people need the ability to create taking place. I am proud to stand with omy. I compliment the Senator on his demand. This does the opposite. It just Senator HARKIN in this effort. efforts in raising this issue on higher seems hard to understand why we want The PRESIDING OFFICER. The Sen- education. to strip workers of their right to over- ator from Wyoming is recognized. I think what singles out more than time pay, particularly at a time of eco- Mr. ENZI. Mr. President, I am a little almost anything I have heard debated nomic stress in our economy. confused because for the last hour I is trying to take away overtime pay for American families are the drivers of have been listening to debate on an the American people. I am just one in- our economy. It is the vast middle overtime amendment and, as far as I dividual who believes that the best way class in this country who are in these can tell, an overtime amendment has to grow our economy is to have rising jobs. They are not in executive posi- not been laid down. But it is my under- tides lift all boats, making sure every- tions. This is not redefining what exec- standing that when it is, what it will body participates in the excellence and utive positions are. This is trying to do is keep the Secretary of Labor from the wealth of America. But we are cut away at the bulk of those people spending a single dollar to review the doing everything we can to undermine who are working on an hourly basis, proposed rule dealing with overtime. that for millions of American workers. really providing so much of what is Now, the process we usually have is So I am proud to join Senator HARKIN, good happening in our economy. that agencies propose rules, they pub- Senator KENNEDY, and all those who These changes mean real losses—on lish them, and then they get com- want to speak up for those who are average, 25 percent of annual income— ments. As I understand it, there are making America work. for an estimated 8 million Americans. 80,000 comments on this. Now, the job We are talking about the whole of By the way, if that happens, what does of the agency following that is to take America’s economy. We need to put it that do to the competitive labor mar- those comments into consideration in the context of what is happening in ket, or for changes in what is going on? and, if worthy, put them into the rule. the American economy. People talk This is about building up the bottom What we are saying is we don’t want about the stock market going up, ris- line of corporate America at the ex- anybody to look at what the public is ing to the point that we have recouped pense of working Americans. Again, I saying; we don’t want anybody to say $2 trillion of $7 trillion lost; but the go back to rising tides lift all boats and what the 80,000 people who took the fact is we have not recouped job one why we want to undermine the eco- time to comment said. We don’t want yet during any kind of economic turn- nomic well-being of policemen, nurses, to see if there can be a change to this around. Nine million Americans are firefighters, EMTs, and even journal- rule. We think we can blast it best in unemployed today. A million have ists. Some of us sometimes have trou- its present form. So don’t let the Sec- dropped out—actually 2 million have ble with them, but journalists are also retary look at the comments. stopped looking for jobs. The unem- folks who would be carved out of this. It is her job to look at them. It is her ployment rate hovers at 6.2 percent I have heard Senator KENNEDY say— job to see if there needs to be a change even today. We have heard that unem- and I am sure Senator HARKIN men- to the proposed rule. All this amend- ployment claims went up to 15,000 tioned this before—that so much of ment does is keep the Secretary from today, the highest in the last 12 weeks, this is focused on women in the work- taking that action. I suppose it is no above the threshold that shows there is place. It is incredible. We are asking coincidence that we are possibly taking weakening job growth in the economy. families to have two wage earners so up this amendment right after the The average length of unemployment they can make it in today’s society, Labor Day weekend. Each year at this is longer than it has ever been—19 and we have turned the situation into time, we honor those who work hard weeks. It spiked this summer to the where overtime pay will be taken away and help to strengthen the economies highest level in two decades. Quite from the folks making the sacrifices, of our States and the country. The hol- honestly, we are seeing the worst em- trying to get their kids into higher iday cannot help but remind us of

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11071 those workers this amendment pur- not fit. This amendment just will not Again, what this amendment does is ports to protect. fit. It is like trying to force a size 10 keep the Secretary of Labor from look- Now we must carefully consider who foot into a size 6 shoe. It will not fit no ing at the 80,000 comments on the pro- is really helped and hurt by this matter how hard you try. posed rule to see if the rule ought to be amendment—this amendment that So let’s be clear about what this changed. There is not anything in the stops the Secretary of Labor from amendment will do. The amendment appropriations bill that automatically looking at 80,000 comments on ways to that keeps the Secretary from looking puts into place any rule, but it will improve her rule. at the 80,000 comments will undermine keep her from looking at the com- Most of us were able to spend a con- the Department of Labor’s efforts to ments that have been sent in. siderable amount of the August work extend overtime protection to 1.3 mil- Whom will this amendment protect if period meeting with our constituents. lion low-wage workers. Under the cur- not lower income workers, first re- At each town meeting I held, there was rent rules, these 1954 rules, only those sponders, nurses, or millions of other usually someone in attendance who rare workers earning less than $8,060 a working Americans? The antiquated was quite concerned about Government year are automatically protected for and confusing white-collar exemptions regulations. I was often told to rein in overtime. You have to make under have created a windfall for trial law- big Government, keep the rules and $8,060 to automatically be protected. yers. Ambiguities and outdated terms regulations simple, current, responsive, The administration’s proposed rule have generated significant confusion and make sure they make sense in to- would raise that threshold to $22,100. regarding which employees are exempt day’s everchanging workplace. As a result, 20 percent of the lowest from overtime requirements. The con- This amendment that would keep the paid workers would be guaranteed fusion has generated significant litiga- Secretary of Labor from looking at the overtime pay. The overtime provisions tion and overtime pay awards for high- 80,000 comments has the opposite ap- of the Fair Labor Standards Act were ly paid white-collar employees. Wage proach. Instead of keeping the regula- originally intended to protect lower in- and hour cases now exceed discrimina- tions simple and current, it would pro- come workers. The proposed rules tion suits as the leading type of em- hibit the Secretary of Labor from up- would provide lower income workers ployment law class action. dating the rules exempting white-col- with the protection they deserve. The amendment will not preserve lar employees from the Fair Labor By undermining the administration’s overtime for millions of working Amer- Standards Act overtime requirements. efforts to better protect lower income icans. This amendment will not help Simply put, it is an attempt to reject workers, whom will this amendment employers and employees clearly and the new, turn back the clock, look to protect? The supporters of this amend- fairly determine who is entitled to yesterday for the answer to tomorrow’s ment claim that an estimated 8 million overtime. problems. It is an approach that is workers will become ineligible for The only clear winners of this doomed to failure before it is even ap- overtime under the proposed rules. amendment will be the people filling in plied, and I am opposed to it. However, this estimate is based on a their time from chasing personal inju- There is no question that the work- study by the Economic Policy Insti- ries. It is a sideline. So the trial law- place has dramatically changed during tute, and I have to tell you, Mr. Presi- yers will continue to benefit from the the last half century. It changed during dent, it looks as if it is riddled with er- current state of this confusion. Businesses need to know the rules. the last half decade. The regulations rors. The rules need to be interpretable by governing white-collar exemptions, For example, the study includes in the average small businessman. I really however, remain substantially the its calculations at least 18 percent of object to the inference that the only same as they were 50 years ago. The ex- the workforce who work 35 hours or reason anybody would pay overtime is isting rule takes us back to a time less a week. These part-time workers that the Federal Government said you when workers held titles such as do not work more than 40 hours a week had to. That is not true. That is not ‘‘straw boss,’’ ‘‘keypunch operator,’’ and, therefore, they do not receive the way it works, and I can tell you ‘‘legman,’’ and other occupations that overtime in the first place. that even if the Federal Government The study also claims the proposed do not exist today. As our economy has says you have to, there will still be rule will deny overtime pay to white- evolved, new occupations have emerged one-tenth of 1 percent of the people collar employees earning more than that were not even contemplated when who will not comply. But for the most $65,000 a year. However, not all employ- those regulations were written 50 years part, 99.9 percent of the people do com- ees earning over $65,000 are exempt ago. ply and want to comply—not only will A 1999 study by the General Account- under the proposed rule—only those comply but will exceed complying in a ing Office recommended that the De- performing office or nonmanual work number of areas. partment of Labor ‘‘comprehensively or one or more exempt duties. This We are spending taxpayers’ dollars review current regulations and restruc- means that workers such as police offi- sorting through the court cases that ture white-collar exemptions to better cers, firefighters, plumbers, teamsters, could be solved with clarity. We are accommodate today’s workplace and to carpenters, and electricians will not talking about taxpayer money being anticipate future workplace trends.’’ lose their overtime pay. Of course, spent to review the 80,000 comments. I That was the General Accounting Of- under union contracts, that is already think that is entirely necessary. I ex- fice telling the Department of Labor stipulated regardless of what kind of pect any agency that has a rule to re- they needed to ‘‘comprehensively re- rule there is. view the comments of the rule and to view current regulations and restruc- The Department of Labor does ac- make changes based on the comments. ture white-collar exemptions to better knowledge the possibility that 644,000 The Department of Labor has re- accommodate today’s workplace and to highly educated workers making over ceived and is currently reviewing those anticipate future workplace trends.’’ $65,000 a year might lose their over- 80,000 comments to the proposed regu- That is precisely what the Department time. It rings in 1.3 million making lation. We should allow that regulatory of Labor’s proposal to update and clar- under $22,100, and then there is the pos- process to continue and give the De- ify the white-collar regulations will do. sibility that 644,000 making over $65,000 partment a chance to complete its re- While the Department’s proposal will a year would lose their overtime. view of the proposed rules. update and clarify, this amendment Supporters of this amendment claim Once the review is completed, the De- will do neither. It keeps it from hap- the proposed rules will strip overtime partment will align the white collar pening, it keeps the comments from pay for first responders and nurses. If regulations with the realities of the being reviewed, and it will set the we strip the rhetoric from the reality, 21st century workplace and what they clock back to 1954 and try to force the we will find there will be virtually no have learned from the comments, square peg of the jobs of the 21st cen- change in status for the first respond- should they get to read them, and the tury into the round hole of the work- ers and nurses under the proposal. intent of the Fair Labor Standards place of 50 years ago. Under both the current and the pro- Act. I am a former shoe salesman, and I posed regulations, only registered I want to assure my colleagues that know how to tell when something will nurses are exempt from overtime pay. if the rule has gone astray, when it is

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11072 CONGRESSIONAL RECORD — SENATE September 4, 2003 finished we put into place something Pell grants than this Senator. During Mr. SPECTER. If the Senator would called the Congressional Review Act. my tenure as chairman of the Appro- yield for a question. That is where we get to jerk these priations Subcommittee on Education, Mr. DAYTON. I would be happy to agencies back to reality if they do not I have battled, along with Senator yield. follow the proper procedures, if they do HARKIN, to raise the Pell grants. If one Mr. SPECTER. I ask him what publi- not pay attention to what is being said. takes a look at where they were a few cation he is referring to. Independence We have used that before, and that years ago in fiscal year 1997, they were has its price, and I am prepared to pay would be the appropriate place for us at $2,700. Now they are at $4,050. It is it. to jerk the Department of Labor back an increase of about 50 percent in the I thank the Chair. to reality if they do not pay attention course of those few years. Mr. DAYTON. The Senator’s distin- to the comments that are coming in. When the fiscal year budget for 2002 guished record speaks for itself. I urge my colleagues to oppose this was set with the Pell grants at $4,000, I rise on a matter related to what the amendment, allow those comments to there was a vociferous objection from Senator just described, the quandary be read, check and see if there are the Director of the Office of Manage- regarding funding for education pro- going to be changes to the overtime ment and Budget. I recall the meeting grams. Yesterday, for the fourth time, rules, and see if it does not clarify it in my Senate office where there was a I attempted to obtain 40 percent of for the workers and the employers so very strong objection that we had gone Federal funds for special education to that there will be less conflict. too far. They wanted a recision on our fulfill a promise that was made by the Time spent in court does not benefit bill, but we held our ground. We kept Federal Government to States and anybody but the trial lawyer. There is the Pell grants at $4,000. school districts 27 years ago, which no point in having that done if we can So it would be a delight to me to be today, and if we pass the appropriation clarify things so everybody under- able to raise them to $4,500, but it sim- measure that is before us, would be less stands what the rules are, and we raise ply cannot be done within the confines than half of that 40 percent share. that terrible $8,000 up to $22,100 so that of the funding we have available, un- Every one of my colleagues in the Re- we are covering more people for over- less we go to some other lines to bal- publican caucus voted against this time. ance out by cuts in programs like com- amendment, evidencing that special I do ask that the amendment be de- munity health centers or strength- education funding in the scheme of ev- feated when it is put in, should it be ening historical black colleges. Now I erything else is simply not a high put in. am not about to suggest cuts there, but enough priority. I yield the floor. if we are to have an increase of $2.2 bil- At that time, yesterday, the chair- The PRESIDING OFFICER. The Sen- lion, as the Senator from Massachu- man of the Health, Education, Labor ator from Pennsylvania. setts wants, we are either going to be and Pension Committee made some ob- Mr. SPECTER. Mr. President, an way over our allocation or we are going servations that I still find rather as- agreement has been cleared on both to have to make some other cuts. tounding, particularly as it relates to sides, and I ask unanimous consent The Senator from Massachusetts has the actual experience of educators in that the vote in relation to the Murray added funding on a number of lines. He my State of Minnesota. According to amendment No. 1559 occur at 1:45 has added funding on leveraging edu- the senior Senator from New Hamp- today; provided that no amendments be cation assistance partnership, on the shire, it seems we are putting so much in order to the amendment prior to the Federal work study, on TRIO, on GEAR Federal money into the education pro- vote, and that there be 2 minutes UP, on Perkins, on the Javits Fellow grams—in fact, to quote the Senator, equally divided for debate prior to the Graduate Assistance, all of which so much so fast under President Bush vote. would be highly desirable in many and the Republican Senate that we now The PRESIDING OFFICER (Mr. BUN- ways if we had an allocation which have a situation where a large percent- NING). Without objection, it is so or- would support it. age of the dollars which we have al- dered. One of the most difficult jobs I have ready appropriated cannot be spent and Mr. SPECTER. Mr. President, with every year is managing this bill. I cast have not been spent. respect to the amendment offered by more controversial votes in my capac- Over $9 billion were cited that are the Senator from Massachusetts, which ity in managing this bill than I do in supposedly sitting in some vault some- would increase Pell grants and increase all the rest of the year combined. As where over at the Department of Edu- other funding in higher education, the manager, it is my obligation to try cation, title I funding, that was appro- there is no doubt that it would be high- to bring this bill in in accordance with priated over the last 2 or 3 years evi- ly desirable to have more funding on the budget resolution and in accord- dently that the States have not drawn more lines. The Kennedy amendment ance with the allocation which has down to spend. seeks to raise the Pell grants from been made to this subcommittee. We were told before that funding for $4,050 to $4,500. In the absence of any other Senator other areas of education had increased Mr. REID. Mr. President, will the seeking recognition at this time—par- so rapidly that those dollars could not Senator yield? don me. The Senator from Minnesota is be utilized. We were told by the Sen- Mr. SPECTER. I do. present. I yield to the Senator from ator about 2 months ago that there are Mr. REID. I apologize for inter- Minnesota. so many Head Start slots available rupting, but I would appreciate that in The PRESIDING OFFICER. The Sen- that some of those are unfilled because the future, before any UCs are offered, ator from Minnesota. there is more availability than parents that we be on the floor. Mr. DAYTON. I sympathize with the desiring to put their children into Head Mr. SPECTER. Mr. President, I think predicament the distinguished Senator Start. that is a fair request. I had made a from Pennsylvania has expressed. He That comes as quite a surprise to similar request to the assistant Demo- has been a stalwart in support of in- parents and educators and Head Start cratic leader last year when we were creased funding for many of these edu- service providers in Minnesota where debating the resolution on the use of cational efforts over the years, and I there has been known to be a serious force in Iraq when there was a unani- note that his independence and integ- shortage of funding for those who are mous consent agreement made when I rity have resulted in his being cited by eligible and would like to utilize that was off the floor. I had thought this yet another prominent publication program for years. It would come as a was cleared. The one last year on Iraq today. surprise to the school board members was not cleared with me, but I think If those qualities of an independent in school districts all over Minnesota that is a good idea and I will adhere to mind, intelligence, experience, and real that there is unused money in Wash- it during my managerial time. compassion for people are considered ington for education. Our State is expe- Mr. REID. I thank the Senator. to be detriments, then it is a sad and riencing a shortage of some $250 to $300 Mr. SPECTER. Going back to the unfortunate day for the Senate. I think million in education funding resulting issue on the Pell grants, I do not think the Senator’s record shows clearly to in school districts across the State anybody has fought harder to raise the the contrary. having to make drastic cuts in funding

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11073 for public education, cutting teacher proposal was for $68 million for edu- (See exhibit No. 1) positions, cutting curriculum offerings, cation; in my case, $11 billion for addi- Mr. DAYTON. For all its apparent cutting supportive services. tional funding for special education— success, lawmakers have disregarded I wrote this morning to the Sec- those are figures that somehow break the Veterans Administration model retary of Education to ask him exactly whatever this budget and this fiscal and others like it that use the Govern- the circumstances resulting in this $9.2 discipline the majority caucus claims ment’s immense power to negotiate billion of unexpended Federal funds we have established within this body. lower prescription drug prices. In fact, and to ask for his recommendation on As soon as the administration wants under the Senate and House bills, what can be done to make these funds another $80 or $100 billion next fiscal under existing law, Congress would ex- available to schools and school dis- year, no questions asked. What the empt the drug industry from the kind tricts throughout the country where President wants, he will get. of cost controls in place for virtually the funds, I can guarantee, would be I wish the President would add to his every other major provider of Medicare well used today, tomorrow, or the day list of priorities in addition to funding services. after so we do not have a situation the economic reconstruction of Iraq, One of the founders of the current where we have supposedly $9 billion of for $10 billion, we are told in this pro- health maintenance organization con- Federal funds lying around waiting for posal, and another $15 billion over the cept who then recanted his support some school or school board to identify next few years for AIDS in Africa, a based on what they became, former this opportunity to provide the edu- worthwhile cause, but I wish we would Minnesotan Dr. Paul M. Elwood, said cational services that schoolchildren in give the same priority to the special in the article: Minnesota are being denied today be- needs of the students of America, both The legislation pending in Congress does cause of a critical shortage of funding. those at the elementary and secondary more to deform than to reform Medicare. We also offered yesterday amend- levels and also, as Senator KENNEDY Drug companies [the article goes on] say ments to increase funding in this bill pointed out, those in postsecondary they support prescription drug coverage before Senators were lambasted for our education who find getting a Pell grant under Medicare [since the taxpayer will be fiscal irresponsibility. We were told or getting a college work-study oppor- paying for more of these medicines]. But in again by the chairman of the HELP tunity about as scarce as finding a the last few years, they have invested sev- committee that we have finally set up weapon of mass destruction in Iraq. eral hundred million dollars in campaign in the Senate this year a budget for As the American people look at the contributions, lobbying and advertising to head off price controls. ourselves and we have renewed the con- fiscal crisis afflicting this Govern- cept of fiscal discipline through a budg- ment’s budget, from the beginning of They were the largest contributor in et after having been abandoned for a this fiscal year of a projected deficit of the last campaign cycle for Federal year under prior leadership of the Sen- $150 billion to now a deficit projected campaigns, and of course those are not ate. Even though we have a budget, we to be in the neighborhood of $550 bil- philanthropic contributions; they are should, we are being told, ignore it and lion—that includes, by the way, the use political investments on which they ex- fund all these additional programs for of the Social Security trust fund sur- pect and are receiving their desired re- education. plus of $155 billion for this year so ac- turn. Yes, I did seek yesterday to increase tually the operating account of the The article goes on to say: funding for special education by $11 bil- Federal budget is in deficit close to The legislation ‘‘reflects a political judg- lion next year. That is a lot of money. $700 billion this year. Next year, the ment that the pharmaceutical industry’’ But it is money fulfilling broken prom- budget deficit for fiscal year 2004 was would block ‘‘price controls or any arrange- ises of over a quarter of a century. It expected to be $200 billion and now it is ment that used the concentrated purchasing was lambasted for its fiscal excess. power of the government to buy prescription already up to $480 billion. That does drugs,’’ said Paul B. Ginsburg, president of Yesterday the manager of the bill not count the $80 billion or $100 billion the Center for Studying Health System noted there were no Senators offering for the next fiscal year to be added for Change, a private research institute. amendments. It seems one of the rea- the President’s request. So we are Why would the pharmaceutical in- sons was that quite a number of Sen- looking at the start of the fiscal year dustry be able to block the Congress ators were at the White House literally of a deficit next year of some $580 bil- from enacting legislation that would at the same time I was offering my lion, almost three times what was pro- lower prescription drug prices for the amendment. About the same time the jected a year ago. That is in contrast, people of America? It begs the ques- critics were accusing my amendment by the way, to a surplus that we en- tion, Whose interests are being rep- and other amendments being offered joyed in each of the last 4 years under resented, that an industry, the phar- for being fiscally reckless, Members President Clinton. maceutical industry, can block legisla- were being notified by the President There is one area, however, where tion right here on the Senate floor, that he would seek another $60 billion there does not seem to be such a prob- right over there in the House of Rep- or $80 billion—according to estimates I lem on the spending side. That is when resentatives—can block legislation have seen, but it will actually be $100 it comes to pharmaceutical industry that would result in lower prescription billion—additional spending for the prices and profits. There was another drug prices for senior citizens and peo- war effort in Iraq over the next fiscal interesting article today in the New ple of all ages across this country? year in addition to the $87 billion we York Times looking at the practice of It goes on to say that the VA plan, by approved earlier this year for addi- the Veterans Administration in suc- contrast, uses its buying power and tional funding for that effort, which I cessfully lowering the price of prescrip- uses it successfully to lower prices that supported. And I will support, I expect, tion drugs for the VA and making it VA pays for the medicines and that the the request by the President for this possible for millions of veterans to pay veterans in turn pay. According to the continuing effort. Once we are in a war just $7 for up to a 30-day prescription. National Academy of Sciences: situation, as we are, we cannot conduct It is astonishing to see what the Sen- a war under budget. We have to con- ate and House bills now contain for . . . the VA’s methods had achieved nearly duct a war to win, to secure that vic- prescription drug coverage contrasted $100 million in savings over the past 2 years. tory, as the administration is trying with the VA copay of $7 per prescrip- But Congress did not consider that now to do. tion. No wonder thousands of veterans approach; in fact, Congress did the op- It struck me as an odd juxtaposition are signing up for this program every posite. Congress said you cannot use of priorities, particularly given the Re- month, stretching those appropriated that approach. Medicare cannot get in- publican assistant leader spoke yester- dollars. volved in price reductions. Medicare day and said we were very clear that I ask unanimous consent this New cannot use the vast purchasing power what the President wants he is going York Times article be printed in the on behalf of all senior citizens and oth- to get in terms of additional dollars. RECORD at the conclusion of my re- ers under Medicare, which goes far be- If we want to break the budget for an marks. yond what the Veterans’ Administra- additional $160 million, as was one pro- The PRESIDING OFFICER. Without tion has in terms of numbers—cannot posal yesterday for education—another objection, it is so ordered. use that clout to negotiate or insist on

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11074 CONGRESSIONAL RECORD — SENATE September 4, 2003 lower pharmaceutical prices for sen- or extend unemployment benefits for riage and family therapists; doctors in Alas- iors, for others on Medicare. Why? Be- those who want to work and are seek- ka; hospitals in Iredell County, NC; opera- cause that would cut into the profits of ing work, when we can run up deficits tors of air ambulance services; and many this already excessively profitable in- of humongous proportions, the biggest other groups. The need for bipartisan support ‘‘led to a dustry. deficits in this Nation’s history, three series of compromises that resulted in a Representative Michael Bilirakis, the Flor- times more 12 months later than they hodegepodge of a bill,’’ said Senator James ida Republican who is chairman of the House were projected to be, without a blink of M. Inhofe, Republican of Oklahoma, who op- Energy and Commerce Subcommittee on the eye on the other side of the aisle. posed the Senate bill. Health, said that if Medicare pooled its pur- But there is nothing to be said when Michael Valentino, a manager of the V.A.’s chasing power, it would amount to ‘‘a form drug benefit program, praised Congress for of price controls.’’ drug companies want to raise prices and take more money out of the pocket trying to help Medicare patients buy pre- ‘‘That’s not America,’’ Mr. Bilirakis said. scription drugs. But he added that the cov- ‘‘Many of my constituents would feel that of Americans. erage could be expanded if Medicare took full price controls are a great thing. But ulti- I would say it is time for this body to advantage of its purchasing power. mately some of us have to be responsible.’’ look very carefully at itself. It is time John C. Rother, policy director for AARP, Since when is it responsible for Con- for the American people to look care- the lobbying group for older Americans, said gress to allow drug prices to go up fully at this body. the legislation was a ‘‘real godsend’’ for peo- higher and higher, beyond the reach of I yield the floor. ple with low incomes or high drug expenses. ‘‘But for many others,’’ he said, ‘‘the bene- our fellow citizens? Since when is it re- EXHIBIT 1 fits will be seen as inadequate.’’ sponsible in America to let an indus- [From the New York Times, Sept. 4, 2003] try, the drug industry, write a letter Premiums and drug benefits could vary SOME SUCCESSFUL MODELS IGNORED AS from plan to plan, state to state and year to that 53 Senators sign, saying they CONGRESS WORKS ON DRUG BILL year. The Senate and House bills both estab- would oppose any kind of reimporta- (By Robert Pear and Walt Bogdanich) lish a standard drug benefit, with substantial tion such as that proposed by my col- By most measures, the Department of Vet- coverage upfront and catastrophic coverage league from the House of Representa- erans Affairs has solved the puzzle of making for high costs. But beneficiaries would have tives, GIL GUTKNECHT, Republican prescription drugs affordable for at least one to pay all drug costs in the middle, until House Member from Minnesota. He was big group of Americans without wrecking their out-of-pocket costs reached a certain one of those who courageously and suc- the Federal budget. level—$3,700 a year under the Senate bill and cessfully led the drug reimportation Wielding its power as one of the largest $3,500 under the House bill. purchasers of medications in the United Robert D. Reischauer, former director of victory in the House, one which I hope the Congressional Budget Office, said the gap this body will enact and follow suit. States, the V.A. has made it possible for mil- lions of veterans to pay just $7 for up to a 30- in coverage ‘‘defies rational policy analysis’’ But when a pharmaceutical industry and was not found in commercial insurance. lobbyist can write a letter that 53 Sen- day prescription. Thousands are signing up for the program every month. Congress engineered the gap to keep the drug ators sign, stating exactly what the Yet for all its apparent success, lawmakers plan’s cost under the $400 billion limit. pharmaceutical industry wants said, have disregarded the V.A. model—and others ‘POLITICAL JUDGMENT’ that this is somehow dangerous to the like it that use the Government’s immense Drug companies say they support covering safety and well-being and welfare of power to negotiate lower prices—as they try prescription drugs under Medicare. But in Americans, says a lot about who con- to give older Americans relief from rising the last few years, they have invested sev- trols what happens in Washington. drug costs while reshaping how the elderly eral hundred million dollars in campaign In fact, if the record be shown, the get medical services. contributions, lobbying and advertising to imports of foreign-manufactured drugs Instead, a Congress deeply divided by ide- head off price controls. ology has given birth to legislation that exceeded $14 billion last year. These The legislation ‘‘reflects a political judg- would add prescription drug coverage to ment that the pharmaceutical industry’’ were drugs that were made, manufac- Medicare, but that many experts say would would block ‘‘price controls or any arrange- tured outside of this country and im- fall short of meeting the needs of the elderly. ment that used the concentrated purchasing ported. The only difference is they The benefits, costing $400 billion over 10 power of the government to buy prescription were imported by the drug companies years, are complex and limited, and the leg- drugs,’’ said Paul B. Ginsburg, president of at higher prices. If the consumers want islation relies in part on cost control mecha- the Center for Studying Health System to import those same drugs from Can- nisms that are untested or unproven. Change, a private research institute. ada or somewhere else at lower prices, In fact, Congress would exempt the drug The V.A. plan, by contrast, owes its rel- industry from the kind of cost controls that that is what is objectionable. But once ative success to its buying power—and a are in place for virtually every other major willingness to use it. Its doctors and phar- again, it is the pharmaceutical indus- provider of Medicare services. macists analyze research to establish a list try and its profits that are given pri- ‘‘The legislation pending in Congress does of preferred drugs for various conditions. The ority over people. more to deform than to reform Medicare,’’ V.A. obtains discounts through bulk pur- So we have this very bizarre but, un- said Dr. Paul M. Ellwood, a noted health pol- chasing arrangements—using generic drugs fortunately for America, all too real icy analyst who was an early proponent of where possible—and competitive bidding. juxtaposition of less spending for edu- managed care. ‘‘Instead of creating a system ‘‘We are so far ahead of anybody else, it’s cation. I see the distinguished Senator of readily understandable choices based on almost ridiculous,’’ Mr. Valentino said. In from West Virginia, who has been such cost and quality, Congress is writing legisla- 2000, the National Academy of Sciences tion that will increase the complexity of found that the V.A.’s methods had achieved a champion of funding for education Medicare, so it will be more difficult for sen- nearly $100 million in savings over the pre- and so many other causes benefiting iors to navigate.’’ vious two years. the people of his State and across The effort to forge a final deal on Capitol But Congress decided not to adopt the America. His amendment is one that Hill, blending separate House and Senate V.A.’s approach; in fact, it was not seriously we will consider. I wish and hope it will measures, was high on the agenda as Con- considered. Lawmakers also passed up other fare better than my amendment yester- gress returned to work this week. Lobbyists alternatives including vouchers for the pur- day for special education. Given the and health policy experts say the likelihood chase of health insurance and proposals to votes on the other side of the aisle, I that a comprehensive drug bill will become assist only people with low incomes. law this year seems no better than 50–50. But Representative Michael Bilirakis, the Flor- don’t think that is promising. Thomas A. Scully, administrator of the fed- ida Republican who is chairman of the House But when time after time we try to eral Centers for Medicare and Medicaid Serv- Energy and Commerce Subcommittee on put more money into education and are ices, said yesterday that he was ‘‘95 percent Health, said that if Medicare pooled its pur- defeated, yet we can, without even a sure we will get a Medicare bill out of Con- chasing power, it would amount to ‘‘a form blink of an eye, put $80 billion or $100 gress.’’ of price controls.’’ billion more into economic reconstruc- Politically, the legislation is a marriage of ‘‘That’s not America,’’ Mr. Bilirakis said. tion or other efforts in Iraq paying, as convenience, combining drug benefits, long ‘‘Many of my constituents would feel that I was told, in Iraq, paying 1.8 million sought by Democrats, with a Republic ap- price controls are a great thing. But ulti- Iraqi citizens not to work, not to do proach to administering the benefits, mately some of us have to be responsible.’’ through private health plans and insurance The political imperative that seems to anything, just not to foment revolu- companies. To secure votes, the Senate bill have produced today’s fragile consensus tion, pay 1.8 million Iraqi citizens not was festooned with provisions aiding various stems from complaints that every lawmaker to work and we are not willing to pay interest groups. There is language that has heard from constituents: prescription Americans who want to work overtime, would, for examples, aid chiropractors; mar- drugs costs too much.

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11075 At Medicare’s inception in 1965, policy ‘‘meaningfully reduced drug expenditures The Congressional Budget Office estimates makers chose not to cover outpatient drugs, without demonstrable adverse effects on that under the legislation, many private because medicines now so indispensable to quality.’’ plans will cost slightly more than tradi- treating disease either did not exist or were Mr. Valentino said: ‘‘When we make our tional Medicare. Moreover, there is wide- relatively inexpensive. recommendations, it’s not because Doctor A, spread doubt that insurers—who do not now Instead, Medicare focused on big-ticket in his or her opinion, believes it is the best sell stand-alone drug insurance—will begin items like hospital care and doctors’ serv- drug. It is because the evidence says it’s the to do so. ices. For years, Medicare mostly paid what- best drug.’’ Echoing the criticisms of govern- Even Mr. Scully concedes that such drug ever bills health care providers submitted, ment investigators, he added that P.B.M.’s, coverage ‘‘does not exist in nature’’ and but by the 1980’s Congress decided it needed by contrast, sometimes make deals favoring would probably not work in practice. The el- to restrain rising costs. In subsequent years, expensive drugs for their own financial ben- derly are heavy users of prescription drugs, Medicare prospectively set limits on what it efit. so few insurers are eager to write coverage paid major health care providers, including Under the House and Senate bills, Medi- for their drug costs alone, separate from hospitals, doctors, skilled nursing homes and care beneficiaries would have access to drug their other medical expenses. home health agencies. discounts negotiated on their behalf by pri- ‘‘It would be like providing insurance for The controls have never been popular with vate insurers and P.B.M.’s. Supporters of the haircuts,’’ Charles N. Kahn III said several the health care industry. legislation say these discounts could reduce years ago, when he was president of the ‘‘In Medicare, the tendency is to set prices retail drug prices by 20 percent. But Con- Health Insurance Association of America. gress consciously decided to disperse Medi- too low,’’ said Dr. Donald J. Palmisano, LIMITS OF COVERAGE president of the American Medical Associa- care’s purchasing power. It did not want tion. Indeed, Carmela S. Coyle, senior vice Medicare to establish a uniform nationwide Even if President Bush signs a Medicare president of the American Hospital Associa- list of preferred drugs or a price list for those drug bill in the coming year, it will not be tion, said 67 percent of hospitals lose money drugs—mechanisms that the drug industry the last word. on Medicare. opposes. Health policy experts say that costs may By and large, however, the measures have ‘‘Price controls cause artificially low well grow faster than the official projections managed to slow the growth of Medicare prices,’’ said Jeffrey L. Trewhitt, a spokes- suggest. That would increase pressure on costs, say many health policy experts, in- man for the Pharmaceutical Research and Congress to hold down drug costs, just as cluding Bruce C. Vladeck and Nancy-Ann Manufacturers of America. And low prices lawmakers continually try to slow the DeParle, who ran Medicare under President for a government program, he added, would growth of Medicare payments to hospitals. Bill Clinton. Drug costs, however, have sky- reduce the money available for researching At the same time, when Medicare bene- rocketed, and while most of the elderly get new drugs and could prompt drug makers to ficiaries realize the limits of the new drug some help from retiree health benefits, Med- seek higher prices from patients with private coverage, they can be expected to lobby for icaid or state programs, at least one-fourth insurance. more generous benefits. In supporting the of Medicare beneficiaries have no drug cov- Critics of the drug industry dispute such Senate bill, Senator Edward M. Kennedy, erage. arguments—and say that they obscure the Democrat of Massachusetts, made clear that Under the bills passed this year, the gov- obvious. it was only a down payment, a foundation for ernment would subsidize drug coverage pro- ‘‘The obvious is that if you control prices, more comprehensive drug benefits. vided to Medicare beneficiaries by private in- you pay less,’’ said Mr. Vladeck, the former Ms. DeParle predicts that the legislation surers and health plans. They would bargain Medicare administrator. ‘‘There are some will produce a huge demand for drugs, and with drug companies to secure discounts and problems with it, and not all price controls she is far from certain that competition will rebates, a task likely to be delegated to work as well as others. But the pharma- do much to control costs. ‘‘It is pretty much pharmaceutical benefit managers, or ceutical industry does have enough political theory, and that is what worries me about P.B.M.’s, the companies that already per- juice to prevent any reasonable price con- it,’’ she said. The Congressional Budget Of- form the service for many employers. Both trols.’’ fice estimates that per capita drug spending bills stipulate that Medicare officials cannot The idea of giving people a choice between for the Medicare population will increase ‘‘interfere in any way’’ in those negotiations. traditional Medicare and private health about 10 percent a year over the next decade. For President Bush and Republicans in plans has deep roots. Critics of the legislation doubt its cost can Congress, the concept makes sense: let the ‘‘We must promote diversity, choice and be kept to the $400 billion budgeted by Con- marketplace set the prices, rather than gov- healthy competition in American medicine if gress. ‘‘Utilization will go up dramatically, ernment. For years, lawmakers have found we are to escape from the grip of spiraling and costs could explode,’’ said Senator Don fault with Medicare’s arcane and voluminous costs,’’ the Nixon administration said in Nickles, Republican of Oklahoma. regulations. Congress has frequently inter- 1970, in words similar to those of President For now, however, politicians have chosen vened to tweak the formulas, taking money Bush in 2003. to favor drug companies over Medicare bene- from some providers while giving more to In 1978, Alain C. Enthoven, a Stanford Uni- ficiaries, said Prof. Uwe E. Reinhardt, a others—often to those with the most persua- versity economist, called for regulated com- health care economist at Princeton Univer- sive lobbyists. petition among private health plans. Medi- sity. That, in turn, contributes to anomalies in care, he said, would subsidize premiums, and ‘‘On one hand, there is the taxpayer and, in medical care, because doctors have financial the most efficient health plans would pass on fact, patients who would benefit from having incentives to perform certain services and their savings to consumers, so patients costs controlled,’’ Dr. Reinhardt said. ‘‘But not others. Mr. Scully, the Medicare admin- would have a financial incentive to enroll. on the other hand, those people do not fi- istrator, said such anomalies were inevitable Prompted by such thinking, the govern- nance the campaigns of these legislators.’’ because Medicare was ‘‘a big dumb price- ment offered new private alternatives to the Ms. Coyle of the hospital association de- fixer.’’ traditional Medicare program in the 1980’s, clined to address the question of why her in- Still, Medicare has been a boon to the el- and Congress encouraged the development of dustry, but not the pharmaceutical industry, derly and their children. Surveys show that health maintenance organizations. Enroll- had been subject to price controls. Her beneficiaries are overwhelmingly satisfied ment grew, in part because many H.M.O.’s group’s biggest concern about the legisla- with their care. Before Medicare, only 56 per- offered drug benefits not available in tradi- tion, she said, is that ‘‘we are not addressing cent of the elderly had hospital insurance; tional Medicare. the larger problem: a health care system the program has contributed to an increase Medicare beneficiaries generally praised that is fundamentally broken.’’ The nation, in life expectancy and a sharp reduction in the care they received in H.M.O.’s, but the she said, wants the best care for everyone, poverty among the elderly. plans did not control costs as their pro- but needs to decide if it is willing to bear the Moreover, some studies show Medicare has ponents had hoped. Many H.M.O.’s began re- cost. done better at controlling medical costs than ducing some benefits, including drug cov- So who would be the big winners if the leg- private health insurance. Cristina Boccuti, a erage. islation is signed into law? researcher at the Urban Institute, and They also pressed Congress for more ‘‘The short-run political winner is George Marilyn Moon, a former public trustee of the money, saying that their costs were rising 10 Bush, because this law will not be under- Medicare program, said Medicare spending percent a year—five times the increase in stood by anyone,’’ Dr. Reinhardt said. ‘‘It is grew more slowly than private health insur- payments from Medicare. Unable to persuade so complex. But he can go in 2004 and say, ance costs from 1970 to 2000. Republicans say Congress to close the gap, many abandoned ‘Look, for 30 years you tried to get a drug such comparisons are misleading and con- Medicare or curtailed their participation. benefit—I got you one.’ ’’ That track record has heightened critics’ tend that Medicare’s cost controls have And, he added: ‘‘the elderly will benefit, skepticism about the current legislation. slowed access to new treatments and tech- too, relative to nothing. Who loses? Obvi- ‘‘The myth of the market,’’ said Lynn M. nology. ously the people who pay for it.’’ Etheredge, who worked at the White House NEGOTIATED DISCOUNTS Office of Management and Budget from 1972 The PRESIDING OFFICER. The Sen- But that does not seem to be a problem for to 1982, ‘‘has a powerful sway over people’s ator from West Virginia. the V.A. The study by the National Academy minds, despite evidence that it is not work- Mr. BYRD. Mr. President, what is the of Sciences found that its approach had ing in the Medicare program.’’ question before the Senate?

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11076 CONGRESSIONAL RECORD — SENATE September 4, 2003 The PRESIDING OFFICER. The said that her husband works overtime need to lessen the likelihood that their question before the Senate is Senator so that she can afford to stay at home babies are born HIV positive. In fact, KENNEDY’s amendment, No. 1566. to take care of their infant daughter. when treated with drugs, we are seeing Mr. BYRD. I thank the Chair. Mr. ‘‘Deplorable,’’ ‘‘unfair,’’ ‘‘absurd;’’— HIV/AIDS transmission rates from the President, am I at liberty to speak out these are the words used to describe mother who has AIDS to a child about of order? I do not intend to speak on this administration’s proposal. To to be born drop from 30 percent to 5 to that amendment. these I would add callous, hard-heart- 10 percent. It is almost a miracle. The PRESIDING OFFICER. The Sen- ed, and out-of-touch. Less than a week ago, I returned ator is at liberty to speak out of order. Overtime pay is about more than just from a 10-day trip to southern Africa, Mr. BYRD. Mr. President, after read- making ends meet. In many cases, it is along with Majority Leader BILL FRIST ing about the Bush administration’s the money used for unexpected health and Senators WARNER, ENZI, COLEMAN, proposed rules with regard to overtime care costs, to pay medical bills, to care and ALEXANDER. We traveled to South pay, there should be no question that for elderly parents. For many families, Africa, Mozambique, Botswana, and American workers are under assault by it is the money carefully squirreled Namibia to assess the HIV/AIDS crisis the Bush administration. away to pay for a college education in each one of these nations. On this The Denver Post reports that since years in the future—those things that trip, we saw firsthand how well these President Bush’s election in 2000, the make life more than simply going to mother-to-child transmission programs Labor Department has repealed 41 work to survive. I don’t believe that are working in these countries and how worker-safety regulations in develop- the administration has any real appre- important they are to saving the lives ment, including two aimed at address- ciation for how important these extra of these unborn babies. ing hazardous chemical dangers. With- wages are to a family in these tough There are already many programs in in 2 months of taking office, President economic times. place in these countries and in other Bush sought to repeal the Labor De- After graduating from high school in countries around the world—programs partment’s ergonomic standard to pre- the midst of the Great Depression, I that are working and programs that vent repetitive stress injuries, and has sought employment wherever I could are saving lives. We heard so many issued four Executive orders to curb find the opportunity—pumping gas at a times people saying, Thank you— the rights of labor unions. filling station, working as a produce thank you to the United States, thank It is not enough that the Bush ad- salesman, and becoming a meat cutter. you to President Bush—for helping set ministration has sought to prevent It was difficult to make ends meet. So up these programs and for making Federal workers from unionizing or I and my wife, Erma, can well appre- these programs work. that the White House has blocked an ciate the willingness to work extra The bill in front of us provides addi- increase in the minimum wage. It is time to provide for a better life for the tional resources for the continuation of not enough that over 3 million jobs family. Such willingness to go the these programs and the creation of have been lost under the Bush adminis- extra mile should be rewarded. more programs. The problem is that it tration’s watch or that over 9 million Earlier this week, Americans cele- does not go far enough. I simply will be workers are unemployed. The adminis- brated Labor Day to show our appre- asking in this amendment to fulfill the tration now wants to take away the ciation to this Nation’s workers. If we commitment and the request that right of millions of workers to receive really want to show our appreciation, President Bush made of this Congress overtime pay. the Senate should stand up for Amer- to provide a specific amount which he America’s workers should be very ica’s workers against the assaults of has asked us to provide. concerned about the overtime changes this administration and support the These programs work. We need to get being proposed by the Bush administra- amendment by Senators KENNEDY and them fully funded. tion. These rule changes would force HARKIN. On our recent trip, for example, we workers in executive, administrative, Mr. President, I ask unanimous con- visited a mother-to-child prevention and technical fields to labor for longer sent that my name be added as a co- program run by Catholic AIDS Action hours and could make as many as 8 sponsor of that amendment. in Namibia, a nation with a 22.5-per- million salaried and hourly workers, The PRESIDING OFFICER. Without cent HIV rate for pregnant women—the many of whom have grown to depend objection, it is so ordered. fifth highest in the world. At St. upon overtime pay, ineligible for it. Mr. BYRD. Mr. President, I yield the Mary’s Hospital in Rehoboth, Namibia, It is not just hourly workers in fac- floor. Catholic AIDS Action is doing a very tories and restaurants who will be af- The PRESIDING OFFICER. The Sen- good job in enrolling pregnant women fected by these rules. We are talking ator from Ohio. in the Women-To-Infant Program. The about roughly 14 million U.S. workers Mr. DEWINE. Mr. President, I come program has an excellent success rate who are considered to be eligible for to the floor today to speak about an and is making a difference. We could overtime pay—from computer engi- amendment I will be offering that will see that difference. We heard about it. neers, paramedics, and paralegals, to bring up the level of President Bush’s We met with and talked with a HIV- secretaries, grocery clerks, and deliv- international mother and child preven- positive mother. She told us about how ery route drivers. We are talking about tion of HIV initiative to the level this program had reached out to her. the policemen, firefighters, health care which the President actually re- She was so very happy and so very officials—the heroes of the September quested. Right now, the bill before us proud that, even though she was HIV 11 attacks who worked around the falls $60 million short of what the positive, she had given birth to a child clock. These are the workers from President requested. I believe we need who was healthy and was not HIV posi- whom the administration wants to to fix that. We need to get the numbers tive. She was so very happy. What a take overtime pay. back up to what President Bush asked miracle it was. What a great thing it These are not innocuous rule this Senate and asked this Congress to was to see. changes. The Labor Department has provide. We saw so many more examples of been flooded with more than 80,000 let- The international mother and child this throughout our trip. We saw so ters and e-mails debating the merit of prevention of HIV initiative is truly many good programs out there. People its proposed overtime changes, the one of the most cost-effective ways are already doing so much good work most mail the agency has received on that we can stop the spread of HIV/ to stop the spread of this disease from any wage-and-hour topic in at least a AIDS to children. This initiative very mother to child. decade. The Washington Post quoted a simply allows doctors and nurses to There are many more good programs number of these letters in a story last give drugs to pregnant women who are ready to go. We just need to get them July: HIV positive, or who have AIDS, to funded with all the funds they truly ‘‘Shame on you, President Bush,’’ lessen the chance that this disease is need. read one letter. then passed on to their unborn babies. One of the most important things I ‘‘Please do not take away our over- For as little as $3, doctors and nurses took away from this trip is that we time pay,’’ wrote a Marylander, who can give these mothers the drugs they don’t have time to delay in helping

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11077 these people. Each day we delay, people sluggish, when people are struggling NAYS—49 die—real people, not statistics, real everywhere, the best we can do—and Alexander Dole McConnell parents and children and babies. And one of the most important things we Allard Domenici Miller there are things we can do now to start can do—is give these workers the skills Allen Ensign Murkowski Bennett Enzi Nickles saving these lives. they need to get back into the work- Bond Fitzgerald Roberts Time, as the President of the United force. Brownback Frist Santorum States told this Congress, is simply not This amendment is critically impor- Bunning Graham (SC) Sessions Burns Grassley Shelby on our side. We need to move forward tant. Many of these training programs Campbell Gregg Smith and provide the proper levels of assist- Chafee Hagel have not received any increase in fund- Specter Chambliss Hatch ance. So I will be asking my colleagues ing in a decade. It is important to us as Stevens to support the amendment I will be of- Cochran Hutchison a country that we have a workforce Conrad Inhofe Sununu fering, an amendment to provide the that has the skills to be marketable. Cornyn Kyl Thomas President of the United States with the That is what this very critical amend- Craig Lott Voinovich Warner level of funding he requested for the ment does. I urge my colleagues to sup- Crapo Lugar DeWine McCain mother and child initiative. Doing so port it. will help save countless lives and offer Thank you, Mr. President. NOT VOTING—5 hope to the next generation for a life The PRESIDING OFFICER. The Sen- Edwards Kerry Talent Graham (FL) Lieberman free from HIV. It is the right thing to ator from Pennsylvania. do. Mr. SPECTER. Mr. President, if we The PRESIDING OFFICER. On this I thank the Chair and yield the floor. had unlimited funding, I would say the vote the yeas are 46, the nays are 49. Mr. President, I suggest the absence Murray amendment would be a good Three-fifths of the Senate duly chosen of a quorum. one. But the fact is we do not. This ac- and sworn not having voted in the af- firmative, the motion is rejected. The The PRESIDING OFFICER. The count already has, in the Senate budg- point of order is sustained and the clerk will call the roll. et bill, in excess of $3.5 billion. The amendment falls. The bill clerk proceeded to call the Murray amendment would seek to add roll. The Democratic leader. another $163 million, and it simply is Mr. DASCHLE. Mr. President, I want Mr. SPECTER. Mr. President, I ask not within our allocation. unanimous consent that the order for to offer an amendment in a moment, If we were to try to find some accom- and I will ask unanimous consent to the quorum call be rescinded. modation within the existing budget The PRESIDING OFFICER. Without lay aside the pending amendments, but limit, we would have to cut other pro- objection, it is so ordered. I would first like to announce we are grams. As it is, the Senate report is prepared to go to conference on En- AMENDMENT NO. 1559 $125 million over what the administra- ergy. I am sure later on today we will Mr. SPECTER. Mr. President, the tion had requested. And when you look ensure that the conferees are an- time has arrived for voting on the Mur- at the total sum of money which has in nounced. I have been working with the ray amendment. I raise a point of order excess of $3.5 billion, that is, obviously, distinguished ranking member on En- under section 504 of the concurrent res- very substantial funding. So I ask my ergy, Senator BINGAMAN. He and Sen- olution on the budget for fiscal year colleagues to vote no and not to waive ator DORGAN, Senator BOB GRAHAM, 2004 that the amendment exceeds dis- the point of order. Senator RON WYDEN, and Senator TIM cretionary spending limits specified in The PRESIDING OFFICER. The JOHNSON, along with Senator BAUCUS this section and therefore is not in question is on agreeing to the motion. from the Finance Committee, will be order. The yeas and nays have been ordered. our conferees on the Energy Com- Mr. REID. Mr. President, on behalf of The clerk will call the roll. mittee. Senator MURRAY, I, by virtue of the The bill clerk called the roll. I thank Senator AKAKA for his will- relevant statute, move to waive the Mr. MCCONNELL. I announce that ingness to allow Senator BAUCUS to point of order that has been raised and the Senator from Missouri (Mr. TAL- take his place as a conferee as a result ask for the yeas and nays. ENT) is necessarily absent. of the decision not to bifurcate con- The PRESIDING OFFICER. Is there a Mr. REID. I announce that the Sen- ferences but to keep the conference sufficient second? ator from North Carolina (Mr. membership together. Senator BAUCUS There is a sufficient second. will be an official part of the entire Mr. SPECTER. Mr. President, I no- EDWARDS), the Senator from Florida (Mr. GRAHAM), the Senator from Massa- conference, and Senator AKAKA kindly tice that the Senator from Washington allowed Senator BAUCUS the oppor- is in the Chamber now. If she would chusetts (Mr. KERRY), and the Senator from Connecticut (Mr. LIEBERMAN) are tunity to represent the Finance Com- like to have her 2 minutes of argument, mittee as it relates especially to tax I ask unanimous consent that we pro- necessarily absent. I further announce that, if present issues. ceed to 2 minutes of argument on each I know there was some comment that and voting, the Senator from Massa- side. our Republican colleagues were waiting chusetts (Mr. KERRY) would vote The PRESIDING OFFICER. Is there for us. We were told right before the ‘‘Yea’’. objection? August recess that they were not ready The PRESIDING OFFICER (Mr. Without objection, it is so ordered. to go to conference and so we did not ALEXANDER). Are there any other Sen- There are 2 minutes on each side. anticipate the need to appoint con- The Senator from Washington. ators in the Chamber desiring to vote? ferees until we were told a couple of Mrs. MURRAY. Mr. President, I The yeas ands nays resulted—yeas 46, days ago that they were now ready. Of thank the chairman and appreciate his nays 49, as follows: course, we are prepared now to do so as accommodating me. [Rollcall Vote No. 325 Leg.] well. So there was not any delay on our The amendment the Senate is about YEAS—46 part. This is something we wanted to to vote on is a really important one. Akaka Dodd Lincoln do for a long time. Given the fact we Across this country thousands of peo- Baucus Dorgan Mikulski were told they were not ready, we did ple who have lost their jobs will never Bayh Durbin Murray not feel the need to expedite this mat- get these same jobs back. Biden Feingold Nelson (FL) Bingaman Feinstein ter until we returned. Today, in my home State of Wash- Nelson (NE) Boxer Harkin Pryor On another matter, I know there was ington, there are 10,000 people on a Breaux Hollings Reed a good deal of discussion this morning waiting list in King County alone try- Byrd Inouye Reid on an amendment that we will take up Cantwell Jeffords Rockefeller ing to get into a retraining program in Carper Johnson next week, but I wanted to speak to Sarbanes order to obtain the skills they need to Clinton Kennedy the amendment myself and that is the Schumer Coleman Kohl get back into the workforce and put Snowe amendment relating to the overtime food on the tables for their families. Collins Landrieu Corzine Lautenberg Stabenow regulation. Certainly, at this time in our coun- Daschle Leahy Wyden Our economy has been hemorrhaging try’s history, when our economy is Dayton Levin jobs over the last 3 years. We have lost

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11078 CONGRESSIONAL RECORD — SENATE September 4, 2003 more than 3.2 million private sector heard from all kinds of people who out part B of title VI of the Elementary and jobs since January of 2001, including 2.4 came up to me on the streets, in stores, Secondary Education Act of 1965 (20 U.S.C. million jobs in the manufacturing sec- concerned about these changes and 7341 et seq.), there are appropriated an addi- tional $132,347,000 to carry out such part: Pro- tor alone. At the same time, incomes they told me how it would devastate vided, That of the funds appropriated in this are flat. The only way many Americans them: nurses and physician assistants Act for the National Institutes of Health, can make ends meet is to work over- caring for our sick, teachers educating $25,000,000 shall not be available for obliga- time. I know there are many Ameri- our children, criminal investigators tion until September 30, 2004: Provided fur- cans, and many South Dakotans, who I keeping our neighborhoods safe, and ther, That the amount $6,895,199,000 in sec- talked to over the course of the last millions of others. tion 305(a)(1) of this Act shall be deemed to couple of weeks, during the month of We need these people to do their jobs be $7,027,546,000: Provided further, That the August, who told me that were it not and to do them well. Frequently, their amount $6,783,301,000 in section 305(a)(2) of this Act shall be deemed to be $6,650,954,000. for overtime they would lose up to a jobs ask that they work long hours Mr. DASCHLE. Mr. President, I fourth of their income. away from their families. Their time is thank Senator CONRAD and Senator For millions of working families, valuable. Their work is critical. They COLLINS who have been partners in this overtime pay makes the difference be- deserve to be paid fairly. We should be effort. I thank them for their cospon- tween their ability to pay bills and taking every possible step to increase sorship and I appreciate very much their fear of greater indebtedness. job opportunities for working Ameri- their help in addressing this challenge. Health bills, education bills, clothing cans, but changing the FLSA will not America’s rural schools today edu- bills, grocery bills, rent, mortgage, only undermine efforts to increase em- cate nearly 40 percent of the children child care, all of that is possible. ployment but lead to even more lost in our country. Many face funding The reason they work so hard and so jobs as employers cut staff and demand challenges because of limited tax long—and I might say that the average increased hours from remaining em- bases, their remote locations, and the workweek has now grown to a larger ployees. large geographical areas they serve. number of hours than it has been in This is a critical moment for our The Rural Education Achievement more than 50 years. This overtime pay economy. Workers are struggling. In- Program is part of the No Child Left reliance is possible because 65 years terest rates are rising. The number of Behind Act. It is designed to help ago this country made a promise to the people who are unemployed increases schools in rural communities address workers who drive our economy for- every single day. The answer to our these challenges and make sure rural ward. It was called the Fair Labor economic problems is not to take still students have access to a high quality Standards Act. It struck a balance be- more money out of the pockets of education. Unfortunately, this pro- tween the needs of business and the working Americans. We cannot allow gram, like so many others in the new rights of workers. It actually required workers to be forced to spend more law, is grossly underfunded. employers to pay employees time and a time on the job and have less pay to The amendment we offer today pro- half for every hour of overtime worked, show for it. vides an additional $132 million to fully and that now has been the law of the Next week we will have an oppor- fund the REAP Program at the author- land, as I said, for 65 years. tunity to vote on the Harkin amend- ized level—I emphasize the ‘‘author- This simple and fair bargain has im- ment. I must say for working families ized’’ level—of $300 million. REAP is proved the lives of hard-working Amer- all over this country, I do not think the first Federal program dedicated to icans all over this country, expanded there will be a more important amend- helping rural schools address the the job market by providing an incen- ment this entire Congress. I would unique challenges they face. It consists tive to employers to hire more people hope on a bipartisan basis we would of two sections, the Small and Rural when business was good. It has been say to this administration that 65 Schools Achievement Program and the vital to our economy, and I think it years of progress in treating Americans Rural and Low-Income Schools Pro- has been the essence of prosperity for right and fair ought not be reversed by gram. Small school districts generally many families. some regulation in this administration receive low levels of funding under for- If the administration now gets its or by anybody else. Let us show on a mula programs because of their small way, all of the practice and commit- bipartisan basis that we stand with the student populations, which are a very ment we have made to workers for 65 workers. We will continue to provide characteristic part of who they are. years will be swept away and 8 million them the overtime pay they deserve. They also receive fewer competitive Americans will be forced to take a pay AMENDMENT NO. 1568 TO AMENDMENT NO. 1542 grants than their urban and suburban cut. This spring, the administration re- Mr. DASCHLE. I have an amendment counterparts because they do not have vealed its plans to undo protections of at the desk. I ask unanimous consent grant writers. The Small and Rural the Fair Labor Standards Act and end the pending amendment be set aside Schools Achievement Program pro- overtime for 8 million workers. This is and this amendment be considered. vides supplemental grants to rural an outrage. The PRESIDING OFFICER. Without schools with 600 or fewer students. It Overtime is giving families the objection, it is so ordered. also allows these schools to combine means to save for a house or a college The clerk will report. their formula funds into one flexible education. For hundreds of thousands The assistant legislative clerk read fund to address their most critical of families, it lifts them out of poverty. as follows: areas of need. In the first full year of This is what the White House wants to funding, more than 4,000 school dis- The Senator from South Dakota [Mr. abolish. DASCHLE], for himself, Ms. COLLINS, Mr. CON- tricts applied to receive funding under Just yesterday, the White House re- RAD, Mr. DORGAN, Mr. DODD, Mr. BAUCUS, Mr. the program. Of that group, 3,500 had leased its Statement of Administration PRYOR, Mr. BINGAMAN, Mrs. LINCOLN, Mr. never received competitive funds from Policy. It declares that if the Senate JOHNSON, Mr. KERRY, and Mr. NELSON of Ne- the Department of Education. Over 85 acts to protect workers’ overtime pay braska, proposes an amendment numbered percent of those who applied never re- in this bill, the President will veto it. 1568 to amendment No. 1542. ceived competitive funds in previous The message comes through loud and Mr. DASCHLE. Mr. President, I ask years from the Department of Edu- clear. For them, abolishing overtime is unanimous consent that the reading of cation. more important than every other pro- the amendment be dispensed with. The average award in this program vision in this bill. The PRESIDING OFFICER. Without was $18,000. While the grants are small, Let’s be clear. This is one of the most objection, it is so ordered. most districts at least doubled the egregious and brazen attacks on the The amendment is as follows: total funding they received from the American working family in years. The (Purpose: To provide funding for rural Federal Government, and are able to White House proposal would affect education) use these resources to address many of workers all over the country and vir- On page 76, between lines 10 and 11, insert their very critical needs. tually every sector of the economy. the following: The Rural and Low-Income Schools As I said, while I was home in South SEC.ll. In addition to any amounts other- Program is targeted to larger rural dis- Dakota during the August recess, I wise appropriated under this Act to carry tricts that have high levels of poverty.

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11079 These grants flow through State edu- that while he thought his students I yield the floor. cation departments to eligible local might benefit he was unable to assign The PRESIDING OFFICER. The Sen- districts. The resources are used to en- anyone to fill out the preapplication ator from Pennsylvania. hance teacher recruitment and reten- which was more than 100 pages long. He Mr. SPECTER. Mr. President, as the tion, educational technology acquisi- serves fewer than 250 children. Of Senator from South Dakota has out- tion, afterschool enrichment activities, those, 15 to 20 students need additional lined the need for funding in rural edu- and other areas that pose challenges help with reading. REAP, however, is cation, I think he raised a very valid for low-income rural districts. much easier to apply for and those point. I have special reference to that, More than 2,000 districts benefitted funds are helping to fill that gap. having grown up in a small community from this program in 2002, with an av- Although 2002 is the first year myself, in a little town called Russell, erage award in that year of $30,000. schools could participate in this pro- KS. I think the Presiding Officer knows Nearly 40 percent of America’s gram, 135 out of 177 school districts in one of my fellow townsmen, a fellow schoolchildren attend public schools in South Dakota are currently partici- named Dole, Bob Dole. It is a little rural areas in small towns with popu- pating just a year later. Nearly 40,000 town on the windswept plains of Kan- lations of under 25,000. Almost 50 per- children benefit in my State alone. sas, has 4,989 people. It used to have cent of the Nation’s public schools are School administrators tell me how 5,000 until Dole and I left town. located in rural areas in small towns much they appreciate and need this I am not sure that Russell qualifies and 41 percent of public school edu- help. under the Rural Education Achieve- cators teach in rural community Doug Voss is the superintendent in ment Program, but I think it probably schools. Centerville, SD, an agricultural com- does. The rural areas need help, al- Rural schools face formidable chal- munity which educates about 250 stu- though Russell perhaps not as much as lenges in meeting the requirements of dents. They receive $17,809 in REAP some. Russell is located in an area No Child Left Behind Act because their funds, an increase of more than 10 per- where there was a lot of oil under- budgets are particularly limited. cent above the amounts they received ground. In fact, they found oil to the I was in Kadoka, South Dakota in from other Federal programs. They south of town and to the northwest of early August and a teacher approached used their funding to hire a part-time town. Then they found oil in the town. me on the street. All he wanted to talk elementary schoolteacher, provide The requirements were that to drill an about was the No Child Left Behind more training for other teachers, and oil well there had to be agreement of Act. All he could say is that, for them, expand their reading incentive pro- quite a number of property owners. compliance was almost impossible un- gram. They couldn’t get the agreement be- less they get some help. He pleaded John LaFave, the superintendent of cause nobody wanted the oil well in with Congress to recognize the unique the Hansen school district, received their backyard. They all wanted the problems the No Child Left Behind Act $16,474. That represented a 10 percent proceeds but didn’t want the oil well. presented to rural schools, especially increase in their Federal support. The So I am not sure if Russell was in as Kadoka. Hansen school district serves 326 stu- great a need as some communities. Per-pupil costs tend to be higher in dents. They used refunds to hire two But that aside, just as a parenthet- rural districts. Because classes are teaching assistants to work with their ical expression, there is no doubt that smaller, the cost of providing teachers growing population of English lan- helping the rural part of America is is higher per student. Superintendents guage learners. very important. I think it is worth not- The President’s budget has actually in South Dakota are also concerned ing that this is a very new program. It proposed that we eliminate funding for about the impact of the new teacher came into existence with the author- the REAP program, for 2 years in a qualification requirements. Many ization in fiscal year 2002 at $162.5 mil- row. He did it last year, but Congress teachers in rural schools teach several lion, raised $5 million in 2003. This objected. He wanted to do it again this subjects but may not have degrees in year, the administration zeroed out the year. all of those subjects. This, too, was an The amendment I have offered would program, saying there would be suffi- issue the teacher in Kadoka mentioned ensure that no student in a rural com- cient funds from other lines. to me and expressed grave concern munity is left behind as schools work When our subcommittee took a look about. He noted it can be very difficult to implement education reform under at all of the programs, we decided we to find a good biology teacher, but in a the No Child Left Behind Act. We sim- ought to keep it, and we funded it at a small school that person often teaches ply cannot turn our backs on the needs level rate, as we had to do with so general science and chemistry as well of these rural communities. They are many programs. as physics because they have no other doing all they can to comply. Their in- In structuring an appropriations bill choice. tent is good. They are troubled; they for the Department of Labor, with Similarly, transportation costs can are concerned; they are frustrated by worker safety; and the Department of be significantly higher in rural dis- their inability to comply because they Health with the tremendous needs of tricts since buses must travel longer don’t have the resources. NIH and Head Start; and the Education distances with fewer students. Our amendment is very simple. It Department, with the mammoth needs In spite of these circumstances, rural just says we are going to provide the in so many directions, it is a Hobson’s schools are expected to apply the same funding authorized under the law by choice every time we turn around. academic standards and obtain the title VI of the No Child Left Behind As the manager of the bill, along same higher results as urban and sub- Act passed in 2001. That is all it does. with Senator HARKIN, we have worked urban school systems under the new These funds will be spent to enhance on a bipartisan basis. We felt con- law. Additional funding for rural key areas outlined by the law, includ- strained to live within our means as school programs is desperately needed ing teacher recruitment and retention, defined by the budget resolution and by to help these schools address their professional development, education the 302(b) allocations. unique challenges so they, too, can im- technology, parental involvement, If we are to measure up to the full prove student proficiency. school safety, drug use prevention—all authorization and put in $133 million, My State has a particularly large in an effort to enhance the academic we would either have to cut into some number of rural school districts. More achievement among rural students as of the existing funding, or we would than two-thirds of our districts have we are demanding they do under the have to go beyond our allocation. I fewer than 600 students. Administra- law. would be at a loss, frankly, to find tors tell me they do not have the staff This program is going to help many where an offset might be found. If the to deal with the paperwork needed to school districts, not only in my State proponent of this amendment has any complete Federal grants. For example, but I daresay in every single State in ideas on offsets, I would be delighted to when I notified our schools that the the country. I urge my colleagues to consider them on a comparative basis Early Reading First Program was seek- support this important amendment. I as to where the priorities ought to be. ing proposals, Jack Broome, the super- hope we could see overwhelming bipar- When the Senator from South Da- intendent from Burke, SD, responded tisan support as we take it to a vote. kota talks about all we want to do is

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11080 CONGRESSIONAL RECORD — SENATE September 4, 2003 come to the authorization, that is not the chairman of the Appropriations as fiscal year 2003. The House Labor- quite so simple. It is the generalization Committee, used in offering his amend- HHS appropriations bill, H.R. 2660, in- that the authorization is characteris- ment to increase the subcommittee’s cludes $170 million for REAP. I am es- tically higher than the appropriation. allocation for fiscal 2004. So I join with pecially grateful to appropriators in This issue came up in our consider- Senator STEVENS in using what appar- both the House and Senate for funding ation of the Byrd amendment. As I ently is an appropriate and acceptable rural education, especially since the pointed out earlier, when it came to mechanism for the offset. Administration failed to recommend the issue of Title I funding for fiscal So we have the offset. But I would any funding for REAP in the fiscal year 2002, when Senator BYRD was make one other point. Again, I say this year 2004 budget. chairman of the Appropriations Com- with all deference to the chairman of While I am pleased with action by mittee and the Senator from South Da- the committee. I don’t remember how Senate appropriators to provide $167.6 kota was the majority leader, the ap- he voted on the budget. I didn’t vote million for REAP, the recent enact- propriation was for $10.35 billion or for the budget. I didn’t vote for these ment of the No Child Left Behind Act $2.85 billion under the authorization; so allocations. I didn’t vote for the prior- has made clear the critical need for ad- that the common practice is to have ities that that budget presents—$3 tril- ditional grant assistance for smaller, the appropriation under, and fre- lion of tax cuts over the course of the rural school districts. Historically, quently substantially under, the au- next 10 years. rural school districts receive a smaller thorization. We are going to be asked—I am told percentage of federal education dollars If you take a look at the Homeland this morning by the White House—to because of their inability to compete Security bill, the Transportation Secu- find another $70 billion for Iraq. I am as effectively for funding as larger rity Agency letter of intent for airport not sure yet what my vote will be. I urban or suburban districts are able to security had an authorization of $500 want to hear the justification from the do. Additionally, the geographic isola- million and an appropriation of $309 administration. I would like to ask tion of many smaller, rural schools, million. Fire grants were $900 million them what their offset is. I would like many of which also have declining en- authorization, $750 million appropria- to know how much money we are rollments, a very limited tax base and tion. And so it goes on many lines. On spending in rural Iraq for education significant transportation costs, makes the Violence Against Women Act, au- compared to what we are spending in it more difficult to find the resources thorization $667 million; appropriation, rural South Dakota. If we can find $70 to provide certain educational opportu- $407 million. billion for Iraq over the course of the nities for students. I could go down on item after item next few months, I think we can find a As my colleagues may recall, Senator where an appropriation is characteris- few million dollars to fund the author- SUSAN COLLINS and I introduced legis- tically not as high as the authoriza- ized amount of education funding for lation to authorize the Rural Edu- tion. rural America so that we can go back cation Achievement Program during So in essence, I find the arguments of and tell them they have the resources the 106th Congress. At the time, we the Senator from South Dakota com- and now we want them to comply with were very concerned that many small- pelling on the desirability of having the No Child Left Behind Act. er, rural districts did not have the re- more funding for rural areas, having I don’t know what answer I give to a sources or staffing to compete effec- grown up in one myself, and, frankly, school superintendent in South Dakota tively for many of the Department of having been the beneficiary of a very when he says, You tell me I don’t have Education competitive education grant good education system. I have gone to the resources, and then you— programs. Additionally, in cases where some outstanding educational institu- DASCHLE—go and vote for $70 billion for rural school districts received formula tions, but I never had a better edu- Iraq. Explain that to me. I don’t have allocated funds based on student popu- cation than at Russell High School or a an answer. lation or other criteria, the funding better teacher than Ada May Again, that is not the chairman’s was minimal and there was no flexi- Groetzinger, who was the debate coach. problem. But that is a problem I have. bility to enable local school officials to I think the Senator from South Da- That is a problem of priorities that I more effectively use the limited funds kota had a pretty good education, too, think this administration is yet to ex- to help improve student achievement the way he handles himself, deports plain. or professional development. himself, and his achievement level. I So I don’t buy the administration’s The REAP program was enacted late would like to see many young people argument that we just do not have the in the 106th Congress and initially come out, come to the floor of the U.S. funds for education when we have all funded at a level of $162.5 million in fis- Senate. Not too many more competi- these funds and there is apparently cal year 2002. Under the REAP pro- tors from Pennsylvania, I have enough more where that came from when we gram, two small, rural schools pro- this year. But I think the idea of im- need it for Iraq. grams were authorized. The Small and proving educational attainment and Again, I compliment the chairman Rural Schools Achievement Program is more funding is an excellent idea. I for the work he does in meeting many a formula grant program that author- just wish I had more money at my dis- of the needs we have. He has a tough izes grants directly from the DOE to el- posal for my subcommittee to grant job. But on this issue, I think we can igible school districts. The districts el- the request made by the Senator from find the funds if we have the desire. igible under this program must have an South Dakota. But I don’t. Mr. CONRAD. Mr. President. I am average daily attendance of 600 stu- I yield the floor. very pleased to join my distinguished dents or less and be designated by the The PRESIDING OFFICER. The colleague and the minority leader as a National Center for Education Statis- Democratic leader. cosponsor of an amendment to increase tics, NCES, with a locale code of 7 or 8. Mr. DASCHLE. Mr. President, let me funding for the Rural Education Under the Small and Rural Schools say, first, I think the distinguished Achievement Program (REAP). No Achievement Program, school districts chairman, as always, does a fine job in Senator has been a stronger advocate are permitted to consolidate new for- working with the allocation with on behalf of rural schools and sup- mula allocated funds under teacher which he is presented. That is not only porter of REAP. The amendment would quality, local technology, safe and drug his choice, I know in many respects he increase REAP funding by $132 million, free schools, and innovative programs. has fought hard for greater allocations bringing appropriations for the pro- The consolidated funds may be spent so we can address many of these issues. gram to the authorized funding level of on any of the preceding programs or So my argument is not with him. He is $300 million under the No Child Left Title I, Part A, language improvement making the most out of a very difficult Behind Act. and after school programs. situation. As my colleagues are aware, the Sen- Under the Rural and Low-Income Having said that, let me just say a ate Appropriations Committee re- Schools Program, funding is competi- couple of other things. We have used ported a Labor-HHS bill that funds tive and school districts may apply di- the same mechanism in an offset for REAP at a level of $167.6 million for rectly to DOE. School districts must this amendment that our colleague, fiscal year 2004, the same funding level have an NCES local code of 6, 7, or 8

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11081 and have a census poverty rate of 20 The PRESIDING OFFICER. Without Most of the dollars spent on special percent. Funds may be sued for teacher objection, it is so ordered. education come from local property recruitment, professional development, The amendment is as follows: taxes. Some States are different, but parental involvement, Title I, Part A, (Purpose: To provide additional funding for the overwhelming majority of States in bilingual education or Safe and Drug grants to States under part B of the Indi- this country support educational ef- Free Programs. viduals with Disabilities Education Act) forts through local property taxes. If The REAP program is very impor- On page 76, between lines 10 and 11, insert we do not continue to provide some ad- tant for smaller, rural schools, espe- the following: ditional support and live up to the SEC.ll. In addition to any amounts other- cially with the new requirements for wise appropriated under this Act for grants commitments we made three decades testing and professional standards to States under part B of the Individuals ago to fund IDEA at 40%, you are going under the No Child Left Behind Act. with Disabilities Education Act (20 U.S.C. to see an increase in local property Approximately 80 percent of schools in 1411 et seq.), there are appropriated an addi- taxes to meet these obligations. I don’t North Dakota are eligible for REAP tional $1,200,000,000 for such grants: Provided, think anyone needs to spell out the funding. I know from a Budget Com- That of the funds appropriated in this Act kind of hardship that would pose for a mittee hearing that I chaired last week for the National Institutes of Health, lot of families across this country. $84,000,000 shall not be available for obliga- on implementation of the No Child tion until September 30, 2004: Provided fur- Families that are already facing tre- Left Behind Act and conversations ther, That the amount $6,895,199,000 in sec- mendous economic pressures, with high with rural school officials in North Da- tion 305(a)(1) of this Act shall be deemed to unemployment, and with huge deficits kota that the $1.2 million in REAP be $8,095,199,000: Provided further, That the at the State and local levels. funding that went to North Dakota last amount $6,783,301,000 in section 305(a)(2) of You have heard over and over again year helped 117 school districts meet this Act shall be deemed to be $5,583,301,000. of the tremendous pressures commu- some of the challenges under the new Mr. DODD. Mr. President, I offer this nities are facing today. You have heard Act. Funds were used for professional amendment on behalf of myself and my about the added burden of having to development for teachers, to provide colleagues, Senator HAGEL of Ne- watch property taxes go up to meet ob- distance learning opportunities to as- braska, Senator JEFFORDS of Vermont, ligations we promised we would make sist with the purchase of computer Senator COLLINS of Maine, Senator at the Federal level in regards to spe- equipment for classrooms. MURRAY, Senator DORGAN, Senator cial education. This amendment would Unfortunately, Mr. President, fund- BINGAMAN, Senator KERRY, Senator MI- ease that burden by picking up some of ing in the fiscal year 04 Labor, HHS bill KULSKI, and Senator PRYOR. There may the cost. for No Child Left Behind including for be others who will ask to be added as a As I said, almost 30 years ago Con- rural education, is not adequate. Al- cosponsor, but those are the ones I gress passed the Individuals With Dis- though S. 1356 provides $23.6 billion for have at this particular time. abilities Education Act. This was de- DOE education programs, the bill pro- This is an amendment that all of my signed to help States provide all chil- vides $8.4 billion less than the author- colleagues are familiar with. They dren in this country with disabilities ized level in fiscal year 04 for No Child have voted on this amendment on sev- with a free, appropriate public edu- Left Behind, including $132 million eral occasions over the last decade. On cation in the least restrictive environ- below the authorized level for REAP. at least one occasion, we voted unani- ment possible. Without question, we are not fulfilling mously in support of an effort to in- When we passed this legislation, the our responsibility to provide adequate crease funding for the Individuals With Federal Government also made a com- funding to states and local school offi- Disabilities Education Act, commonly mitment to our States and localities. cials to help communities achievement known as IDEA. We said we would cover 40 percent of the goals under NCLB. REAP is an es- This amendment deals with special the State cost of servicing these stu- sential program under NCLB, and I education funding. There is not a Mem- dents with special needs over time. hope that my colleagues will support ber here who has not met a Governor, Thirty years later—three decades the Daschle amendment to fully fund a mayor, a county supervisor, or a later—we have yet to make good on rural education at the $300 million teacher who has not talked about this that commitment. Today, our level of level. issue and the importance of it and the commitment hovers around 18 percent, Mr. DASCHLE. Mr. President, I sug- implications to their communities and not 40 percent. This means, of course, gest the absence of a quorum. their States if the Federal Government that States are bearing more than The PRESIDING OFFICER. The does not live up to its commitment of their share of responsibility for meet- clerk will call the roll. 40% full funding. A commitment made ing a federally mandated requirement The assistant legislative clerk pro- almost three decades ago. regarding disabled student’s needs. ceeded to call the roll. I offer today a modified version of States that, mind you, are facing as- Mr. DODD. Mr. President, I ask unan- full funding. We have already voted tronomical deficits, as I mentioned a imous consent that the order for the once, in the last, I think, 24 or 48 hours, few moments ago. States that often quorum call be rescinded. on a special education proposal from have no choice but to pass costs on to The PRESIDING OFFICER (Mr. my colleague from Minnesota, Senator municipalities, which then, of course, CRAPO). Without objection, it is so or- DAYTON. He proposed a far more ag- pass them on to every-day, average dered. gressive program, one that would have American taxpayers through local AMENDMENT NO. 1572 TO AMENDMENT NO. 1542 added about $11 billion, if I am not mis- property tax increases. Mr. DODD. Mr. President, I send an taken, to this program. My amendment The amendment I am offering with amendment to the desk and ask for its is $1.2 billion above the Labor-HHS ap- my colleague from Nebraska, Senator immediate consideration. propriations for special education HAGEL, Senator JEFFORDS, Senator The PRESIDING OFFICER. Without grants to states. The budget within the COLLINS, and others, is designed spe- objection, the pending amendments are bill adds $1 billion for Part B Grants to cifically to provide some relief in this set aside. States. This amendment would add and area. This legislation would add an ad- The clerk will report. additional $1.2 billion to that, for a ditional $1.2 billion to the special edu- The assistant legislative clerk read total $2.2 billion increase. cation fund, bringing us up to a $2.2 bil- as follows: Let me explain what we are trying to lion in the total increase to grants to do and why I hope my colleagues un- States. This is exactly what we prom- The Senator from Connecticut [Mr. DODD], for himself, Mr. HAGEL, Mr. JEFFORDS, Ms. derstand how critically important this ised to provide in the fiscal year 2004 COLLINS, Mrs. MURRAY, Mr. DORGAN, Mr. issue is, regardless of whatever feelings budget resolution. This is exactly what BINGAMAN, Mr. KERRY, Ms. MIKULSKI, and they have had about other proposals. we voted on. We said this is what we Mr. PRYOR, proposes an amendment num- First, obviously, this amendment will would provide, an additional $2.2 bil- bered 1572 to amendment No. 1542. help provide needed education for chil- lion. So not only did we make a com- Mr. DODD. Mr. President, I ask unan- dren with special needs. Second, it will mitment 30 years ago to provide 40 per- imous consent that reading of the provide financial relief for commu- cent of the funding, as recently as amendment be dispensed with. nities. within the last year this body made a

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11082 CONGRESSIONAL RECORD — SENATE September 4, 2003 commitment that we would fund an ad- ing on which Senators HAGEL, JEF- own budget challenge similar to that of ditional $2.2 billion in grants to States FORDS, and COLLINS worked closely, the States. I understand that our econ- in the area of special education. provides for an additional $1.2 billion omy is slumping and that the deficits This amendment makes us live up to for only 1 additional year. It is not full at the State level are estimated to run that commitment. This $1.2 billion funding. In the context of this bill, we at roughly $100 billion. Still, I cannot added increase would raise the level of have not asked to fully fund IDEA over accept the argument that because our the Federal Government’s IDEA com- a set number of years. We are merely economy is faltering, we cannot pro- mitment to 21 percent from 18 percent. asking that we provide our States with vide our children and their families That is just over half of the 40 percent some fiscal relief now and provide our with the critical educational resources we set as a goal almost 30 years ago. At taxpayers with some fiscal relief now they need, and we need, as a nation. I this rate, $2.2 billion a year, the Fed- by providing States and rural counties cannot accept that we cannot increase eral Government would meet its goal of with the funds they need to carry out the Federal commitment to special 40 percent full funding by the year 2012, their obligations to children with spe- education and otherwise ease the bur- some 9 years from now. cial needs today. It is a modest pro- den of the average American taxpayer. I know there are those who would posal but a much needed one across the I do not find it acceptable, further, suggest that we ought to fully fund country. that we are yet again passing the over- this immediately. I wish we could do In my State of Connecticut, in spite whelming majority of costs of special that. I would be supportive of that kind of spending hundreds of millions of dol- education implementation on to our of an effort, but, obviously, given the lars to fund special education programs States. I do not find it acceptable that tremendous fiscal problems we face at in our school districts—and it is true in we are passing on the overwhelming the national level, it is impossible. So almost every other State across the majority of costs of special education rather than suggest we fully fund a re- country—schools are struggling to implementation on to our local tax- maining 21 percent or more, what we meet the needs of students with dis- payers. are suggesting here is a $2.2 billion in- abilities. The costs borne by local com- Having said all of this, I stress again, crease for one year. If we maintained munities and school districts are rising education needs to be viewed as, and this increase over the next 9 years, up dramatically. The local burden is im- remain, a national priority. Invest- until the year 2012, we could fully fund mense. This amendment is an oppor- ment in education is no less important the commitment that we made 30 years tunity not to alleviate it entirely but in a weak economy. In fact, I could ago. to alleviate some of that burden. Pro- make a case it is more important. Edu- Currently the Labor-HHS appropria- viding an additional $1.2 billion for spe- cation is the gateway to a better life, tions bill adds roughly $1 billion in cial education not only demonstrates the key to a healthy democracy, and grants to states. According to the Con- this body’s commitment to universal absolutely essential to our long-term gressional Research Service, this boost access to education for all children, it national economic growth and secu- would fund IDEA at about 18.7 percent. helps entire communities by easing the rity. For these reasons, I ask that my More importantly, if this $1 billion in- tax burden of everyday taxpayers. colleagues help our schools, our fami- crease were to become the standard When we do not meet our Federal lies, and our children by providing rate of increase over the coming years, funding obligations then a mayor or them with the resources they need to we would never fully fund the special county executive has to make up the maximize their potential. My colleagues understand that and education program. We would never be difference. As you can imagine, there know well how strongly the Governors, able to meet the goal that we promised are only two ways to do this: Either mayors, and county executives across 30 years ago of 40-percent funding, cer- you slash social services or you raise this Nation feel about this issue. Inevi- tainly not by the year 2012. local taxes. I don’t know about my col- tably, over the years they list special Again, the cost of special education leagues, not all of them, but I can as- education as one of the most, if not the is extremely high. We all know that. sure you that now is not the time to most, important areas in which the Talk to any superintendent of schools, raise local taxes. I also do not want to Federal Government can assist them any mayor, county supervisor, Gov- see our students shortchanged in the by meeting the obligation that we pro- ernor, any teacher in any school, and quality and quantity of the programs posed 30 years ago. they will tell you, whether they are that are offered from town to town and Thirty years ago, when we passed the Democrats or Republicans, anywhere city to city all across the country. I Individuals with Disabilities Education in the United States, all 50 States, the don’t understand how raising taxes or Act, we told States we would help them cost of this program is extremely high. cutting services or quality of services meet their constitutional obligation to They understand the need for it as are even options that ought to be con- provide children with disabilities a well. If you talk to them you begin to sidered. free, appropriate education by pro- understand the tremendous fiscal pres- Recently the President signed into viding States with 40 percent of the sures they feel in their communities. law a tax cut of over a hundred billion cost. They would have to pick up 60 In fact, I am quite sure every one of us dollars for some of the wealthiest of percent. The States accepted this ratio in this body, including in the other our fellow citizens. I represent, of of 40 to 60 percent. body, have had these types of conversa- course, one of the most affluent States Tragically, for three decades the tions with our mayors and other local in this country, Connecticut. Still I States have picked up 80 percent; in leaders, telling us how important it is can say without equivocation that the fact, only recently, 80. Up until a few that we try to meet our special edu- vast majority of people in my State years ago it was more. cation commitment of 40 percent. would support increasing expenditures The amendment I am offering only Better yet, talk to any rural mayor for something as important as edu- gets us about halfway to 40 percent, to or selectman in my State, Vermont, cation. In fact, I know and am con- about 21 percent. At a rate of $2.2 bil- Nebraska, any one of the communities fident that even the wealthiest of my lion it would be another 9 years before around this country, and you will begin citizens, who are the beneficiaries of we fully meet the 40 percent obligation. to understand how as little as two or some of the tax cuts, would much rath- But we have to start. We have passed three special education students in a er see resources used to improve the this legislation in the past, or at least rural community can throw an entire quality of education for children in the similar legislation, and regrettably the district’s budget off balance. These 21st century than to provide a tax cut other body has refused to accept it and school districts need our help. They which most of them would tell you rejected it. But that doesn’t mean we have been asking for it year in and they don’t need at all. ought not to keep on trying. year out. I am asking today that Congress, I hope the President will step up and To the credit of this institution, in without equivocation, support the support this effort. Every mayor and years past we have risen to the chal- same thing that the overwhelming ma- Governor I have ever talked to, Repub- lenge. This body has voted in support jority of our citizens say they support. lican or Democrat, tells me they need of special education funding. Keep in I say this with the understanding that help in this area and they want us to mind that the amendment I am offer- the Federal Government is facing its live up to our obligations.

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11083 I urge my colleagues to support the stronger country today because special Special needs kids deserve us joining effort my colleagues from Nebraska, education children are getting an op- forces. We ought to demonstrate that Maine, Vermont, and I, and others, are portunity to maximize their potential we can do things together on some- offering. This is a bipartisan amend- through our public schools, are getting thing such as this. We did it in 2001. It ment being offered by Democrats and an opportunity to be self-sufficient, is 2003 now and the problems are so Republicans. This is one area in which independent, contributing citizens. 5.4 much more severe today in terms of we ought to find common cause and million school age children, 200,000 in- the burdens on States and localities. common bond and say to our States fants, and 600,000 preschoolers are all I hope I can add every Senator to this and mayors: We hear you. You are getting assistance as a result of IDEA. amendment. What a wonderful message under great pressure today, tremen- This assistance is being paid primarily that would be as we have come back dous pressure and we can help. Here is with local property tax money. from the August break. The school a modest proposal to get us to a level We need to step up and meet our obli- year has begun and parents are worried of funding that can truly make a dif- gation. As a result of special education about whether resources will be there ference in our Nation. legislation, the number of children for their kids. Taxpayers wonder I will remind my colleagues that just with disabilities who graduate from whether there will be additional costs 2 years ago a bipartisan group of 31 high school and go on to college has in- to them. This amendment provides an Members of this Chamber introduced creased significantly over the last few opportunity for us to get together and legislation to direct the Appropriations years. These are things for which send a resounding message across the Committee funds to fully fund special America can be proud. country that we are willing to get this education by the year 2007. That bill, S. Yet, while we are proud, we must job done. It may take another 9 or 10 466, was the foundation of the Harkin- also be concerned with the difficulty years, but we are on the road to getting Hagel amendment to the No Child Left the cost of this program causes for it done. Behind Act. It was passed by this body cash-strapped States and localities in I yield the floor. on a unanimous vote. Every single our Nation. We need to recognize that The PRESIDING OFFICER. The Sen- Member of this body voted for it. It if we do our part—if we provide States ator from Vermont is recognized. would have increased Federal support with additional special education Mr. JEFFORDS. Mr. President, I am for special education by $2.5 billion a funds—we are helping to relieve tax pleased to join with my colleagues, year until we reached full funding. burdens. Senators DODD, HAGEL, and others, in Unfortunately, because of strong op- I am going to be asked, I am sure, offering the amendment today that position from the President of the how do we pay for this. We do this by will provide an additional $1.2 billion United States and the Republican forward funding—an idea used here by in funding for special education. This House leadership, this provision, adopt- others in the Chamber. By forward will bring the total to $2.2 billion and ed unanimously by this body, was not funding, we can pick up the cost with- put us on the path to fully fund special included in the final drafting of the No out creating the kinds of hardships education within 8 years. Child Left Behind Act. The administra- that are felt by slashing away at other Unfortunately, I think this has be- tion seemed to be saying no child left programs that need continued support. come an annual event. Every year we Let me just mention, if I can, what behind—unless, of course, he or she is a try again to make the Federal Govern- this amendment may mean to States in special needs child. ment fulfill its promise of nearly 30 Today’s amendment builds on the terms of additional assistance. I don’t years ago. Every year we have tried step this body took in 2001, 2 years have every State here, but to give you and every year we have failed. This later, through the Harkin-Hagel an idea, this amendment would provide battle started in 1975 when Congress amendment, to fully meet our special an additional $130 million for Cali- passed the special education bill. As a education obligation. Today’s amend- fornia; $14 million for my State of Con- freshman Congressman, I had the ment enables us, once again, as a bipar- necticut; for Nebraska, $8 million; for pleasure of working on that bill with tisan body, to recommit ourselves to New Hampshire, $5 million; for Penn- my colleague, then-Congressmen HAR- this cause. sylvania, $49 million more for special KIN and DODD. I ask my colleagues to support this needs kids; for Tennessee, $26 million We recognized that special education amendment because it is good for stu- more. Think of what that means to the would be costly, and we pledged to help dents, families, for schools, municipali- States. I will provide these numbers for States by covering 40 percent of these ties, States, and for the average Amer- my colleagues so they know exactly costs. But time and time again, the ican taxpayer, because so much of edu- how much more passing this amend- Federal Government has failed to keep cation is paid for through local prop- ment would mean to their States. What its word. Instead of providing 40 per- erty taxes. Before 1975, only 20 percent kind of relief it could provide for them cent, as we promised, we are currently of children with disabilities received a as they struggle to meet fiscal burdens providing only 18 percent. formal education. Eighty percent of and challenges. kids with special needs were being left I see my colleague from Vermont is The bill before us proposes to in- out of the educational process. Today, here, a cosponsor of the amendment. I crease spending by about $1 billion, and as a result of the Special Education don’t know how my colleague from many of my colleagues will speak to Act, we serve 5.4 million school age Pennsylvania wishes to proceed. I pre- how significant an increase this is. children, as well as 200,000 infants and sume he wants to hear from all of us. I wish to recognize the chairman and toddlers, and 600,000 preschoolers. That At this point, I yield the floor and I the ranking member for their efforts is something for which all of us can be hope others may be heard on this issue. on increasing special education fund- deeply proud. I think it is extremely important and ing, but I am afraid it is just not I remember working on this idea it is my fervent hope that this is an enough to meet the needs of our when, under President Gerald Ford, I amendment that deserves broad-based schools. We could increase special edu- was a new Member of Congress—30 support. cation spending by $1 billion each year, years ago. I had a head of black hair in I ask unanimous consent that the but at this rate we could never reach those days. And while it has turned distinguished Senator from Minnesota, the level of funding that was promised. white over 30 years of experience Mr. COLEMAN, be added as a cosponsor Congress has failed time and again to around here, I remember the great as well. keep its word on special education, and sense of pride in the country when The PRESIDING OFFICER. Without I am both embarrassed and troubled by President Ford initiated the effort to objection, it is so ordered. this. I am embarrassed because we not leave behind 80 percent of special Mr. DODD. We are getting to the claim to be committed to educating education students that were not get- point where we have almost as many our children, but we do not provide the ting services. Democrats as Republicans cospon- support to our local schools to do so. Let me recite the numbers again be- soring this amendment. My hope is This pattern of chronic underfunding cause every Member ought to be proud that we can all join together on this. hurts all the children. When school of the fact that this is a better and We have been divided on a lot of issues. boards develop their budgets, they have

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11084 CONGRESSIONAL RECORD — SENATE September 4, 2003 a court-ordered constitutional respon- have received if we had just kept our As I mentioned earlier, less than 2 sibility to ensure that special edu- promise. years ago we voted unanimously to cation needs are addressed. Too often, Right now, my State is struggling, send a message that we cared about they are forced to raise local property like so many others, to cut budgets be- this issue. In fact, we adopted a larger taxes or to cut services to all children. cause of the economic downturn. Edu- sum of money than what we are asking Failure to fully fund our share of spe- cation dollars will not be spared, and for today. The amendment Senator cial education forces our school boards that additional $23 million would have JEFFORDS offered, along with Senator to make impossible choices and divides gone a long way this year toward eas- HARKIN and Senator HAGEL, was for $2.5 our communities. ing the pain of the State’s budget billion. We are talking about $2.2 bil- We cannot continue to pretend we crunch. lion, when you add the $1.2 billion that are doing our part here in Washington. We are here today to ask the Federal is in the bill. It is less than what we We cannot continue to call for higher Government to keep its promise. While asked for 2 years ago to get us on a standards and greater achievement we are almost 30 years overdue, there road to meeting the full 40 percent while not living up to our end of the is no better time than now to do it. I funding commitment we made 30 years bargain. We cannot continue to pit our urge my colleagues to support this ago. students against each other in class- amendment. The Senate has repeatedly I thank the Senator from Vermont rooms and school board meetings passed symbolic votes to fully fund once again for his tireless efforts on be- across the country. And we cannot con- IDEA, but these votes have been noth- half of America’s children, their fami- tinue to leave our States, our towns, ing more than symbolic. It is time to lies, and taxpayers. I know others want and our local taxpayers to foot the bill move beyond the symbolism. Please to be heard on this matter. because the Federal Government has join me in passing this bipartisan legis- I ask unanimous consent to print in failed to keep its promise. lation. Please allow us to be able to I am troubled because in my State of look into the eyes of the children and the RECORD a listing of all the in- Vermont, a promise is not made cas- the citizens of our States and tell them creases, to print what this $1.2 billion ually or taken lightly. In developing we have kept our promise. will mean State by State. I know the this legislation which has helped so I thank the Chair. I yield the floor. Presiding Officer, my good friend, will many, I gave my word that this would The PRESIDING OFFICER. The Sen- be curious to know how Idaho would be a shared responsibility and that the ator from Connecticut. do. Idaho will get an additional $6 mil- Federal Government would pay its fair Mr. DODD. Mr. President, I thank my lion under this program if we get these share. We have not, and this has gone colleague from Vermont for his leader- additional dollars for special education on for too long. ship on this issue. Along with Senator funds. I am quickly looking down the We have heard over and over from HARKIN, we were both freshmen Mem- list because I do not want to leave out State legislatures and school boards bers of Congress in 1975. President Ger- my colleague from Oregon. An addi- around the country that full funding of ald Ford, along with the Congress, tional $14 million will go to his com- special education is a top priority, a adopted the legislation which created munities to defray the cost of special constitutional requirement. the act to deal with students with dis- needs children. I include what this In my small State of Vermont, we abilities. Senator JEFFORDS has been a amount means to each State so my col- are talking about the difference be- champion on this issue for 30 years. I leagues can have some idea as to how tween $21 million, the amount of the am so pleased to be joining with him in they will benefit. Federal special education funds my this effort once again. I regret it has There being no objection, the mate- State will receive this year, and $44 taken us this long. We have had some rial was ordered to be printed in the million, which is what Vermont would great successes in the past. RECORD, as follows:

FY2004 Senate Ap- FY2004 increase of State FY2003 final propriations Com- $2.2 billion over FY2004 estimated amount mittee amount FY2003 amount full funding

Alabama ...... $143,066,000 $158,700,000 $178,923,000 $303,153,000 Alaska ...... 26,501,000 29,838,000 33,468,000 57,692,000 Arizona ...... 132,563,000 149,252,000 167,414,000 342,540,000 Arkansas ...... 85,906,000 95,603,000 107,944,000 208,622,000 California ...... 933,124,000 1,046,811,000 1,178,466,000 2,131,907,000 Colorado ...... 112,272,000 126,407,000 141,789,000 258,992,000 Connecticut ...... 103,861,000 114,227,000 128,051,000 236,382,000 Delaware ...... 24,288,000 27,346,000 30,674,000 56,740,000 District of Columbia ...... 12,212,000 13,750,000 15,423,000 38,422,000 Florida ...... 479,525,000 530,376,000 596,151,000 1,244,798,000 Georgia ...... 233,043,000 262,383,000 294,312,000 586,415,000 Hawaii ...... 30,632,000 34,489,000 38,686,000 74,866,000 Idaho ...... 41,226,000 46,416,000 52,064,000 92,671,000 Illinois ...... 393,134,000 435,094,000 489,367,000 991,792,000 Indiana ...... 200,791,000 221,789,000 248,948,000 533,684,000 Iowa ...... 96,042,000 105,628,000 118,411,000 234,267,000 Kansas ...... 84,072,000 93,293,000 105,220,000 203,511,000 Kentucky ...... 122,827,000 135,917,000 152,848,000 319,394,000 Louisiana ...... 142,508,000 160,449,000 179,974,000 321,458,000 Maine ...... 43,047,000 47,343,000 53,073,000 118,272,000 Maryland ...... 153,622,000 169,751,000 190,613,000 360,265,000 Massachusetts ...... 223,317,000 245,605,000 275,328,000 495,396,000 Michigan ...... 308,119,000 342,792,000 387,640,000 738,182,000 Minnesota ...... 149,337,000 164,529,000 185,076,000 358,666,000 Mississippi ...... 92,158,000 103,760,000 116,387,000 203,198,000 Missouri ...... 178,701,000 196,536,000 220,321,000 459,105,000 Montana ...... 28,125,000 31,490,000 35,519,000 61,335,000 Nebraska ...... 58,742,000 64,605,000 72,424,000 139,774,000 Nevada ...... 49,853,000 56,129,000 62,959,000 135,447,000 New Hampshire ...... 37,334,000 41,060,000 46,029,000 98,661,000 New Jersey ...... 284,356,000 312,736,000 350,583,000 750,016,000 New Mexico ...... 71,699,000 79,229,000 88,969,000 165,292,000 New York ...... 597,208,000 660,212,000 741,706,000 1,404,109,000 North Carolina ...... 235,924,000 260,564,000 293,542,000 607,637,000 North Dakota ...... 19,722,000 22,205,000 24,907,000 44,269,000 Ohio ...... 344,364,000 386,101,000 434,899,000 790,180,000 Oklahoma ...... 116,368,000 129,216,000 145,834,000 290,516,000 Oregon ...... 100,991,000 112,110,000 126,494,000 245,531,000 Pennsylvania ...... 336,056,000 374,907,000 424,147,000 835,395,000 Puerto Rico ...... 81,033,000 91,234,000 102,337,000 220,777,000 Rhode Island ...... 34,402,000 37,836,000 42,415,000 104,193,000 South Carolina ...... 137,797,000 153,708,000 172,926,000 350,504,000 South Dakota ...... 23,494,000 26,452,000 29,670,000 55,641,000 Tennessee ...... 181,996,000 201,695,000 227,175,000 399,311,000 Texas ...... 725,934,000 811,593,000 916,785,000 1,580,296,000 Utah ...... 81,887,000 92,196,000 103,416,000 178,607,000 Vermont ...... 19,016,000 21,410,000 24,015,000 43,718,000 Virginia ...... 214,099,000 236,861,000 266,302,000 543,174,000 Washington ...... 170,259,000 190,579,000 215,021,000 390,060,000

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FY2004 Senate Ap- FY2004 increase of State FY2003 final propriations Com- $2.2 billion over FY2004 estimated amount mittee amount FY2003 amount full funding

West Virginia ...... 59,745,000 65,708,000 73,660,000 160,640,000 Wisconsin ...... 163,780,000 181,384,000 204,153,000 404,601,000 Wyoming ...... 19,949,000 22,461,000 25,194,000 42,329,000 State subtotals ...... 8,740,029,000 9,721,766,000 10,937,631,000 21,012,405,000 Estimated amounts for outlying areas, BIA, and evaluation ...... 134,368,536 136,766,744 136,766,744 NA Totals ...... 8,874,397,536 9,858,532,744 11,074,397,744 ......

Mr. DODD. Mr. President, I yield the penditures for Iraq reconstruction. I desk, and that there is some account- floor, and I thank my colleague from think the American people and the ability with respect to these dollars. Vermont. Congress deserve better. If billions of dollars are going to go The PRESIDING OFFICER. The Sen- The budget presented earlier this out in private contracts, the rule ought ator from Oregon. summer by the Administrator for Iraq, to be open competitive bidding. Col- Mr. WYDEN. Mr. President, before L. Paul Bremer, in effect, used ac- leagues such as Senator COLLINS, who they leave, I commend my colleague counting that resembled the approach chairs the Committee on Governmental from Connecticut, Senator DODD, and about which Enron was talking. It had Affairs, have great expertise in this my colleague from Vermont, Senator over $1 billion in capital expenditures area. There have been various reports JEFFORDS, for the tremendous work off budget, and if these costs had been in recent years that have documented they are doing on behalf of that criti- included, the budget simply would not how it is fraught with problems for cally important population of kids. have been in balance. taxpayers if we get away from the prin- As the Senator from Connecticut Certainly, no private company could ciple of open and competitive bids. Yet noted, my home State would receive operate this way. Its accounting would it seems that the closed-bid process, substantial sums under their impor- never pass muster with the Securities closed and secret bids, are more the tant amendment. I support it and urge and Exchange Commission under the rule rather than the exception with re- all my colleagues in the Senate to sup- Corporate Accountability Act. spect to Iraqi reconstruction contracts. port the amendment. My concern is the American tax- I believe if Federal agencies had to IRAQ RECONSTRUCTION payers do not want to find themselves, justify their spending decisions in Iraq, Mr. WYDEN. Mr. President, news re- with respect to these Iraqi reconstruc- there would be egregious cases of waste ports last week revealed that the Bech- tion expenditures, in a situation like so that would be stopped. We would not tel Corporation would be receiving an many Enron employees faced—I had see money funneled to a handpicked extra $350 million in Iraq reconstruc- constituents involved in this—that hits group of companies, and we would see tion work over and above the $680 mil- them when the house of cards begins to more of the contracts awarded to lower lion contract they were awarded by the crumble. bidders who actually had to compete, U.S. Agency for International Develop- With enormous sums at stake, Amer- and the public would see the fruits of ment earlier this year. ican taxpayers deserve a full account- full and open competition. Meanwhile, it was also reported that ing of what they are getting for their Clearly, as this rebuilding effort goes the Halliburton company has been hard-earned tax dollars. forward, the American people are say- awarded contracts totaling $1.7 billion The question now for the Senate is: ing, at a time when our schools are in connection with the war in Iraq. How much longer is the Congress going closing early, at a time when we have Despite repeated promises by the ad- to continue to shovel money out the bridges, roads, and critical infrastruc- ministration to recompete door for Iraqi reconstruction without ture crumbling from neglect, they Halliburton’s contract, most recently insisting on the truth for those at want to know what is being done to en- in July, this has still not occurred. home whom we represent? Americans sure that their tax dollars are spent in This is especially relevant today be- have been kept in the dark about how a judicious fashion. cause the papers today reveal that the these handpicked contractors go about This is not the first time this request administration intends to seek more doing their business. has been made on the Senate floor, and than $60 billion in additional taxpayer Senator COLLINS, Senator CLINTON, I am certainly not the only Senator funding to cover the mounting costs in myself, and a group of Senators on a who has been issuing this call. As I Iraq, and that is, of course, on top of bipartisan basis, have been concerned said, on various legislation, the De- the $79 billion wartime supplemental about the substantial evidence that in- fense authorization, the Defense appro- funding the President signed into law dicates that these contractors were not priations bill, a bipartisan group of us, last April. picked because they were the most cost particularly the chair of the Com- I come to the floor this afternoon be- competitive. In a rare moment of can- mittee on Governmental Affairs, Sen- cause as this new debate begins, it dor, one of the officials in the adminis- ators COLLINS, CLINTON, BYRD, LIEBER- should be noted that not once have tration actually admitted that they MAN, and myself, all of us have said it U.S. taxpayers been given a true ac- were using companies to perform work is time for some sunshine. It is time for counting of expenditures in Iraq. that could be done at a lower cost. Yet some sunshine at a period when vast This summer, I held, like so many there has been no justification for that, sums of the people’s money are being colleagues, town meetings at home. I no explanation as to why time and used for Iraqi reconstruction, and yet had 10 town meetings all across Or- again Federal agencies have let con- little is known about how this money egon, and repeatedly at these sessions tracts for Iraqi reconstruction without is being spent and whether it is being citizens would come up and say: Where asking for competitive bids at all or by spent in a prudent fashion. are these vast sums going? What is confining the bidding process to a se- At a time when Oregon families are being done to prevent waste in these lect group of U.S. companies that seem hurting, when we are having difficulty expenditures? And isn’t something to have very good connections. getting funds for education at home in being done to make sure that at a time Earlier this year in the Defense ap- Oregon—and I know this is true else- when we are having so much difficulty propriations bill, I was able to write where—I want the full truth about how in Oregon funding schools, health care, into the legislation a measure that these tax dollars are being spent in and essential services, steps are being would require the administration to ex- Iraq and why the administration is re- taken at the national level to make plain why it chose to let billions of dol- fusing to use the most cost-effective sure these huge sums being spent for lars in private contracts for recon- method again and again for doling Iraqi reconstruction are being spent struction go forward without open and these dollars out. wisely? competitive bidding. That measure is Most of all, it is time for the admin- But the fact is that the public and now in conference. I urge my col- istration to level with the public. At the Congress are in the dark with re- leagues to accept that provision, make this point, virtually the only informa- spect to a true accounting for these ex- sure that it gets to the President’s tion Congress and the citizens of this

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11086 CONGRESSIONAL RECORD — SENATE September 4, 2003 country have with respect to these bil- AMENDMENT NO. 1566 proximately 4.8 million students with a lions of dollars worth of contracts are For this reason, I have been very median family income of only $15,200. A the news reports. Certainly, what I am pleased to join my colleague from Mas- Pell grant makes all the difference to reading makes the Iraqi contracting sachusetts in offering an amendment these low-income families. It makes process look more like a cash grab for to the bill to provide additional fund- the difference between their children a few companies than a fair process to ing for higher education. having economic opportunity, being get the taxpayer the best deal. Instead Our system of higher education is in able to pursue an education that is so of awarding the contracts to the lowest many ways the envy of the world, but necessary for a brighter future, that is bidders, too often the administration its benefits today have not been dis- necessary to participate in the Amer- has funneled ever larger sums to a se- tributed equally to all Americans. As ican dream. lect group of companies that seem aw- tuition rises, the road to higher edu- We can take this step, we can provide fully well connected. cation in America gets steeper and this $450 increase in Pell grants to Now, more than ever, taxpayers de- harder to climb for low- and middle-in- these low-income children. In my State serve to know the terms of the con- come families. of Maine, this amendment results in an tracts that have been awarded and how In 1979, a student in the top quartile increase of $6.3 million in Pell grant these contractors were selected. of family income was four times more aid. My amendment to the Defense appro- likely to obtain a baccalaureate degree I also want to talk about the impor- priations bill would require the disclo- by age 24 than a student from the bot- tance of this amendment and the sig- sure of that critical information. It tom quartile. That discrepancy has nificant increases for other student- would create not just openness in the grown by an additional 70 percent by oriented programs. Again, I commend contracting process but would help en- graduation day for the class of 2001. the committee and subcommittee sure that the careful spending of tax Tuition fees at 4-year public colleges chairmen for their hard work in bring- dollars in Iraq gets the value that have increased by 40 percent over the ing education spending up to unprece- America’s working families deserve. past decade. Everyone is familiar with dented levels. I think virtually every Member of the pressures State budgets are under, the Senate would agree that the Amer- There is a program that I believe is and that, too, has caused more pressure so important to expanding opportunity ican people should not be asked to on the tuition at public universities write blank check after blank check for so many students. That is the TRIO and colleges. Program. Our amendment provides a for the cost of rebuilding Iraq. They At the same time, the value of Pell certainly should not be asked to do it $160 million increase. The TRIO pro- grants has declined by nearly half over grams may be better known to many of when they have gotten absolutely no the last 20 years. Today, Pell grants answers with respect to how their my colleagues as Upward Bound, for cover only 40 percent of the average example. That is an example of the money is being spent and why. The fixed costs at 4-year public colleges American people have not received any TRIO programs. They help first-genera- whereas 20 years ago the Pell grant tion college students and low-income assurance that their tax dollars are not covered more than 80 percent of public being wasted in Iraq while so many of students get on the right track and college expenses. begin to think about higher education them are hurting at home. From my experience in working at a So I intend to keep this fight visible as something that should be part of Maine college before my election to the their lives. on the Senate floor. I think all of us Senate, I know how critical Pell grants I have talked to many students in ought to be taking every step possible. and other forms of Federal financial We have two pieces of legislation to do Maine whose parents did not have the aid are in opening the doors of edu- it, to ensure that there is account- advantage of higher education. They cational opportunity to many students. ability for these expenditures, and to told me that prior to participating in In fact, at Husson College where I ensure that actual steps are taken to the TRIO programs, they just did not worked, 85 percent of the students were cut the waste. The families I represent realize that college could be part of reliant on Pell grants and student in Oregon deserve careful, not wasteful, their lives. The TRIO programs exposed loans to finance their college edu- spending of tax dollars that are used to them to higher education, encouraged cation. Without that assistance, they reconstruct Iraq. Right now, those citi- them, counseled them, helped them af- simply would not be able to afford zens and the Congress are in the dark ford SATs, for example. It makes a dif- higher education. and the American people deserve bet- ference. It truly changes the lives of so I found more and more of our stu- ter. many students who come from families dents are graduating with a mound of I yield the floor. with absolutely no experience in higher debt because of that change in ratio. It The PRESIDING OFFICER. The Sen- education. ator from Maine. used to be that Pell grants and other forms of assistance covered most of the We have proposed to increase the Ms. COLLINS. Mr. President, I rise funding for TRIO programs as well as today to comment on two of the costs of a college education. Now, they cover far less and thus our students are for the GEAR UP and LEAP program amendments that I am pleased to join which are aimed at younger children. my colleagues in cosponsoring. First, forced to take out more and more and greater and greater amounts of loans The sooner we get students interested let me acknowledge the hard work of in higher education, the better. These Senator SPECTER and Senator HARKIN to finance their education. I am not saying education should be programs change lives for the better. I in shaping this bill. There are so many hope we can help keep the doors of important priorities. They have done a paid for the students, but we need to higher education open to all qualified very good job. strike the right balance or else the students no matter their financial The amendments I have cosponsored doors of higher education and, thus, have to do with education spending. economic opportunity will be slammed needs. First, I think it is important that all of shut for far too many low-income fami- AMENDMENT NO. 1568 the Members of this body acknowledge lies. I am also very pleased to be a cospon- and recognize that under President Therefore, our amendment provides sor of an amendment offered by Sen- Bush’s leadership we have invested un- $2.2 billion to help fund crucial higher ator DASCHLE and Senator CONRAD that precedented amounts of Federal fund- education programs including Pell would increase the funding for the ing to improve the education of our grants, the SEOG, Work-Study, Per- Rural Education Achievement Pro- children. We should never forget that kins loans, the LEAP program, GEAR gram. This program I authored along fact. In fact, President Bush’s budgets UP, and last but not least, the TRIO with Senator CONRAD as part of the No are 60 percent higher for education programs. The Kennedy-Collins amend- Child Left Behind Act. funding than the budgets presented ment would provide desperately needed Again, I acknowledge the tremendous under President Clinton. Nevertheless, funding to increase the maximum Pell efforts of the chairman, Senator SPEC- there are a couple of areas where I grant award. Our amendment provides TER, on behalf of rural schools. The ad- think we can do even better and make a $450 increase in the maximum Pell ministration’s budget, I am sad to say, a real difference. grant and increases Pell grants to ap- eliminated funding altogether for the

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11087 Rural Education Achievement Pro- KIN’s attention, are prepared to go to Mr. SPECTER. Mr. President, again, gram. Senator SPECTER was able to re- third reading. That notion is gaining let me make a plea to our colleagues to store this funding, which I deeply ap- support on the floor. come to the floor and offer the amend- preciate. It is essentially flat funded, Mr. HARKIN. What a jester you are. ments. There are quite a few on the Re- however, and I would like to see an in- I wouldn’t mind it. publican side who have listed amend- crease. Mr. SPECTER. Senator HARKIN says ments, as well as Democrats. Our rural schools—and in Maine, that he wouldn’t mind. It is not a formal Mr. HARKIN. I understand we want is 56 percent of the school districts in commitment. This may replace late- some people back for that, too, on NIH. the State—need help in meeting the night television, Mr. President. Mr. SPECTER. I suggest the absence mandates of the No Child Left Behind Mr. HARKIN. Does that mean you of a quorum. Act. Children in small rural school dis- will accept all our amendments and The PRESIDING OFFICER. The tricts deserve the same educational op- just go to third reading? clerk will call the roll. portunities as their more urban coun- Mr. SPECTER. Does that mean we The legislative clerk proceeded to terparts. will accept all your amendments? Let’s call the roll. We enacted the Rural Education hear some amendments so I will know Mr. SPECTER. Mr. President, I ask Achievement Program to respond to if I can accept them or not. You cannot unanimous consent that the order for two problems. First, smaller school dis- accept a pig in a poke, as the expres- the quorum call be rescinded. tricts do not have the grant writers sion goes. I think that is an Iowa ex- The PRESIDING OFFICER (Mr. and the other resources to compete for pression. It comes from Waterloo, IA. SMITH). Without objection, it is so or- Senator HARKIN and I are prepared to Federal grants the way the larger, dered. go to third reading if we don’t have more urban school districts do. Second, Mr. SPECTER. Mr. President, this amendments down here by 4:15. has been cleared on both sides. In the they often receive so little funding Mr. HARKIN. Waterloo, MO. under the formula programs that it is Mr. SPECTER. In a very serious vein, presence of the ranking member of the not sufficient to accomplish the goals there is a long list of amendments and subcommittee and the assistant Demo- of those programs. there is talk about Senators wanting cratic leader, I ask unanimous consent So the concept behind the Rural Edu- to go home on Friday. That may or that the vote in relation to the Daschle cation Achievement Program was to may not be possible, depending upon amendment No. 1568 occur at 5:10 give more funding for rural schools, what the status of this bill is. But in today; further, that no amendments be that they would not have to go through the light of these assertions, I yield to in order to the amendment prior to the an elaborate grant-writing process, and my distinguished colleague from Iowa vote. to give them the flexibility of com- to concur. The PRESIDING OFFICER. Is there bining funding streams so they could Mr. HARKIN. I would like to ask my objection? have the funds available that would good friend, the chairman of the com- Mr. REID. Objection. make a difference. mittee, does he know from the leader- The PRESIDING OFFICER. Objec- Let me give a couple of examples. In ship on his side whether we will be hav- tion is heard. Jackman, ME, for example, a small ing votes tomorrow? If we are, that is The Senator from Nevada. community in western Maine, last year fine. We will get some votes packed in Mr. REID. Is there a quorum call in the school district received $16,000 in tomorrow, on some amendments to- effect? The PRESIDING OFFICER. There is REAP funding in the Rural Education morrow. I don’t know. No one has ad- not. Achievement Program. The super- vised me. intendent plans to use that money to Mr. SPECTER. We cannot have votes Mr. REID. Mr. President, I would ask support technology in the classroom tomorrow unless we have amendments. the distinguished Senator from Penn- and teacher training. There are other I think that is definitive. So the alter- sylvania—and this is certainly not his examples. In the Bradley School Dis- native to that is go to third reading fault—but we received a call. We need trict in Penobscot County, ME, with and then we do have a vote. to change the time of the vote to 5:40, 104 students, they received $21,000 Mr. HARKIN. I understand there are and with 10 minutes of debate prior to through the Rural Education Achieve- some amendments coming down this a 5:40 vote; 5 minutes for Senator ment Program. The total Federal for- afternoon. There are some amendments DASCHLE and 5 minutes for those oppos- mula funding under ESEA going to this pending right now. ing the rural education amendment. small school district will be about Mr. SPECTER. There is no amend- Mr. SPECTER. Well, if that is the $25,000 this year. That is enough to ment being offered on the floor. There best we can do, so stated. allow Bradley the flexibility to hire a is no amendment we can put our hands The PRESIDING OFFICER. Is there part-time reading specialist to meet around. The only thing we could put objection to the unanimous consent re- the mandates of No Child Left Behind, our hands around would be third read- quest, as modified? to update computer systems, or provide ing. We could do that. Hearing none, it is so ordered. some extended-day learning opportuni- Mr. HARKIN. We have a vote at 5 Mr. SPECTER. Mr. President, I have ties. o’clock, I understand. Was that already been asked, on behalf of the leader, to With the increased challenges of No ordered? Oh, not yet. have that vote followed by a judge Child Left Behind, our Nation’s rural There is the rural education amend- vote. So as in executive session, I ask school districts need the additional fi- ment. unanimous consent that following the nancial resources and the flexibility Mr. SPECTER. We have that, that we scheduled vote at 5:40 under the pre- provided by the rural education pro- can vote on, and we can vote on the vious unanimous consent agreement, gram now more than ever. Dodd amendment? We can’t vote on the the Senate proceed to executive session I hope my colleagues will join me in Dodd amendment either? We can’t vote to the consideration of calendar No. supporting this amendment as well. on the Dodd amendment until the Sen- 349; further, that there be 2 minutes Mr. SPECTER. Mr. President, I sug- ate is in session, and the Senate is not equally divided in the usual form for gest the absence of a quorum. in session until the Democratic Presi- debate, and that the Senate then vote The PRESIDING OFFICER (Mr. dents come back. on the confirmation of the nomination, SMITH). The clerk will call the roll. Mr. HARKIN. I understand we can with no intervening action or debate. The legislative clerk proceeded to have votes tomorrow on certain Finally, I ask consent that following call the roll. amendments. The Senator has an the vote the President be immediately Mr. SPECTER. Mr. President, I ask amendment which I am supporting on notified of the Senate’s action, and the unanimous consent the order for the NIH. Is that going to be offered here Senate then resume legislative session. quorum call be rescinded. this afternoon? We could vote on that. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without We have amendments on both sides. I objection? objection, it is so ordered. am supporting that amendment, as my Mr. REID. Mr. President, I am won- Mr. SPECTER. Mr. President, I think friend knows. Why can’t we vote on dering if the Senator will withhold. We the managers, if I can get Senator HAR- that? may be able to have the judge’s vote

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11088 CONGRESSIONAL RECORD — SENATE September 4, 2003 first and then go to the Daschle amend- eral Government involved in recon- that have gotten these Federal grants ment at 5:30. If the Senator would structing schools. One of the reasons I now going back almost 5, 6 years. withhold just for a minute, we could proposed that and have been proposing There are new classrooms; there are check that out. It might be more con- it for the last 12 years is that I do firm- new schools; there are renovated build- venient for everybody to have the vote ly believe in local control of schools, ings all over the State of Iowa that are earlier rather than later. local control in terms of curriculum, testament to the fact that the theory I Mr. SPECTER. Mr. President, that teachers, hiring, the general sort of had actually does work. would be agreeable. thrust of the schools, how they are op- So in 1991, we had $1 billion we had Mr. REID. If we could, then, Mr. erated. That has been one of the put into this program nationwide. That President, I ask the distinguished Sen- geniuses of the American educational $1 billion was cut down to about $800 ator from Pennsylvania—and I do system. We have had this diverse ap- again apologize to him, but I think it million in conference, but we got about proach to education in our country. $800 million out for school construction would be better for everyone involved The fact is, giving construction if we had the vote on the judge at 5 and renovation all over the United money to the schools in no way takes States. Every State has participated in o’clock, followed by a vote on the away from local control. It just pro- Daschle amendment at 5:40, and prior this. Again, not all that money has vides the funds they need. I also been spent because it took some time to the 5:40 vote there be 10 minutes of thought at the time that we would debate equally divided in the usual to get the money out. People had to have a matching. We would have the make contracts for construction, form. States then come up with funds. For The PRESIDING OFFICER. Is there things such as that. But the reports we example, a low-income area that has are getting back are that this has been objection? low property tax values could take, Mr. REID. Mr. President, this is kind something the States have found they let’s say, a grant, a Federal grant of of like the kangaroo cops on my side. can use and, as I said, multiply the money that would lower the total cost We can’t have the vote before 5:30—I amount of money. There is a multiplier of the bond or whatever is needed to be apologize—the first vote. I apologize. effect to every Federal dollar that goes passed to provide for new construction; The unanimous consent request offered out. thus they might not only be more will- by the Senator from Pennsylvania, as It is estimated 14 million children in unmodified, we accept. We would have ing but at least able to build new schools or to reconstruct and renovate this country attend schools that are the first vote at 5:40, followed by a vote deteriorated. Just this morning, the on the judge. old schools. Nothing happened on that in the American Society of Civil Engineers, a The PRESIDING OFFICER. Without decidedly nonpartisan group, issued objection, it is so ordered. early 1990s. Obviously, I did not get my party’s nomination. I tried to get the one of its periodic report cards which The Senator from Iowa. assess the condition of the Nation’s AMENDMENT NO. 1575 TO AMENDMENT NO. 1542 Clinton administration to provide some of this. In fact, in 1994, we did get physical infrastructure. In 2001, the Mr. HARKIN. Mr. President, shortly, ASCE awarded the Nation’s schools a I am going to offer another amendment money for school renovation and recon- struction. It was rescinded the next grade of D minus, the lowest grade for dealing with school renovation and any individual category. That is construction on behalf of myself and year. I then embarked upon an effort to test my theories in the State of Iowa. bridges, water systems, sewage disposal Senator CLINTON from New York. This systems, of all the infrastructure of is an issue I have been involved with So beginning about 1997–1998, I got some money to go to the State of Iowa America, schools got D minus, the low- for over almost 12 years now. I first est grade. started talking about the need for the for school construction and renovation. Federal Government to be involved in And the State department of education This morning, the American Society school construction and renovation handled that money and put out a re- of Civil Engineers concluded there had back in 1991. At that time, when I was quirement that there had to be certain been no progress in the condition of seeking my party’s nomination to be local matches to get this grant money. our schools. The report states: Due to the candidate for President, I had come Local communities, at least in my aging, outdated facilities, severe over- up with sort of a blueprint for America. State, could match that money one of crowding, or new class sizes, 75 percent But one of the cornerstones was the three ways: They could either pass a of our Nation’s school buildings remain need to invest in the infrastructure of bond, raise money through further inadequate to meet the needs of school- our country. In that infrastructure, bonding, they could have a local option children. aside from water and power generation sales tax, which we have in Iowa, or The ASCE also found that the aver- and transportation, communications, they could do it with what we call a age cost of capital investments needed one of the elements of the proposal was plant and equipment levy. In the State to upgrade and replace our schools is for the Federal Government to provide of Iowa local jurisdictions are allowed $3,800 per student. That is more than for meaningful funds for the renovation to do that. half the average cost to educate that and reconstruction of schools through- When we first put out several mil- student for 1 year. They estimate the out the country. I had picked up on lions of dollars for this to test this the- total cost to fix our schools at more this after reading ‘‘Savage Inequal- ory, it turned out that the leveraging than $127 billion nationwide. ities’’ by Jonathan Kozol from which it was incredible. The leveraging was over almost 20 times. In other words, for I have said many times, it is a na- became clear to me that Mr. Kozol had tional disgrace that the nicest places provided a great service to our country every Federal dollar we put out, we got about 20 times that in local moneys that our children see are shopping by pointing out that all over America, malls, sports arenas, and movie thea- the poorest schools—the worst schools, coming in to help. That is because they got the grant money, and they could ters. The most rundown place they see I should say—the schools that are the is their public school. What kind of sig- most rundown and in the most need of see they could get maybe $100,000 or nal, what kind of message are we send- repair were those located in very low- $200,000. And if they matched that with ing to our kids when the nicest things income areas. a local option sales tax or something or It became obvious the reason they a bonding, then they get it. Many of they see are shopping malls and movie did is because they were in low-income these jurisdictions that had trouble theaters and sports arenas, and one of areas where they had low property tax passing bonds in the past found that the most rundown places is the public values, and they simply didn’t have the with this carrot approach they were school they attend every day? wherewithal to fix up the schools. How- able to get the bond passed because ob- What message does that say about ever, the schools that were in high-in- viously they didn’t have to pass as big the value we place on their education come areas basically were in pretty a bond as what they had in the past. and their future? It is not just a matter good shape. Thus he termed it ‘‘Savage Therefore, their local property tax lev- of appearances. Numerous studies dem- Inequalities.’’ ees would not be that great. onstrate the link between safe and Based upon that, I said: We ought to So it worked very well. In fact, there healthy school buildings and student embark upon an effort to get the Fed- are schools all over the State of Iowa performance. That is basic common

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11089 sense. If buildings are making teachers school because they weren’t using very the committee used in adding $2.2 bil- and students sick, obviously, they will much gas. The meter wasn’t broken; it lion to the base bill. The Harkin-Clin- not learn as well. was just that the new system was so ef- ton amendment builds upon this and The Healthy Schools Network has re- ficient. So this school district is now adds a billion dollars more for school ported many such problems around the going to save money every single year renovation. Nation. For example, several parents because it won’t be paying the high Let me also add a couple of other have complained that their children utility bills. items I wanted to mention. I men- were getting sick at a large city school Here is a story of another school tioned Longfellow school that was near Albany, NY. The county inspected from a recent report by the Rural built in 1939 and the problems the kids the school and found unsafe levels of School and Community Trust, titled were having and how sick they were lead and mold. The school has not been ‘‘Save a Penny, Lose a School: The getting with the mold and mildew and able to correct the problem, citing a Real Cost of Deferred Maintenance.’’ old heating system, and how absences lack of funding for repairs, but children This report cited a 1998 incident in were cut in half after they got the new are still attending the school. which the failure of a $12 gasket caused system in and how the utility bills are A child in North Carolina missed sev- the flooding of a 6-year-old gym- lower. There is one other thing about eral days of school suffering from head- nasium, as well as the main building of that school I found. When I went into aches and stomachaches. During the the school. The problem might have the school, I noted that it had been summer break, the child’s illnesses been prevented by some routine main- built in 1939 because it says so on the abate but come back when school re- tenance. Instead, classes were canceled cornerstone. The principal of the sumes in the fall. The child attends for 2 days and the gymnasium closed school showed me the actual bill for class in an old trailer that has a musty for 5 weeks. The total bill was nearly the new school—how much it cost and odor and poor ventilation and mold. $200,000—$26,000 for emergency response everything. A Virginia parent said her son felt and $160,000 for repairs. The interesting thing was, guess who sick at school and was doing poor in so- Now, compare that with what hap- built the school. It was called the cial studies. An inspector found non- pened in Waterloo, IA, where the WPA, the Work Project Administra- functioning ventilators and several school district in 1999 received another tion, instituted under President Frank- water-stained ceiling tiles. one of these Federal grants to upgrade lin Roosevelt, supported by Congress. We talk a lot about leaving no child their fire alarm system at West High So it was a Federal Government behind but children such as these are School. A few months after they had project. They built that school in 1939. being left behind all over the country put this new system in, an incident at Imagine that. It is still being oper- today in bad school buildings. It the school one evening caused the ated today, with these modifications doesn’t have to be this way. water pipes to burst. But the upgraded made with the new Federal grant. So Last year I visited Longfellow Ele- alarm alerted authorities of the prob- this idea that somehow it is unheard of mentary School in Council Bluffs, IA. lem and an immediate response was for the Federal Government to provide Longfellow school was built in 1939, the taken to contain the damage. Without construction money or renovation year I was born. Now you know how old this early warning, the problem would money to local public schools is not so. I am. That was the year the school was not have been discovered until the next It may have been unheard of in the re- cent past, in the last few years; but built. morning. Not a single day of instruc- back in the 1930s and 1940s, we put a lot Basically, in the 2001–2002 school tion was lost. In addition, the new of Federal dollars into building new year, Longfellow recorded 4,893 student alarm saved the district money. The schools around the United States. So absences. The next year, after all the district officials estimated if the water we have precedents for this. Many of modifications and changes and every- had not been contained immediately, the schools that are still being oper- thing, absences dropped by more than a large areas of the school would have ated today were built by the WPA in half, to 2,357—cut in half in 1 year. been flooded and over $400,000 in dam- Why? Well, that school received this the 1930s and early 1940s. ages sustained. Secondly, this grant money that goes Federal grant to make improvements I wish more schools could see results to the school. Before this, they had an out to the schools, as I said, is money such as these. Unfortunately, the Fed- that would be used to reconstruct, ren- old boiler in the basement, an old eral Government is doing virtually ovate, make sure it is healthier and water heating system. It was always nothing to help school districts address safer, and the results we have had back leaking and it was many years old. this critical problem. not only from Iowa but from around There was mold all over the basement As I said, in fiscal 2001, we provided the country that this is not only need- and mold on the ceilings. Kids were $800 million for school repair. This pro- ed but the amount of multiplier effect getting sick, plus there was poor ven- gram was extremely well received all we get from this is much more than 10 tilation. When you have these hot radi- over the country. to 1 nationally. In fact, it is approach- ators in the middle of the winter, if Unfortunately, President Bush zeroed ing, if I am not mistaken, probably you have a mild day, they are still hot. out the program in his fiscal year 2002 closer to 15 to 1 nationally for every They just had all these problems, so budget, and we never have been able to dollar we put out. they put in a new geothermal heating restore it. That is why Senator CLIN- Mr. President, I am proud to support and cooling system. They put in better TON and I are introducing an amend- this amendment with my colleague plumbing. They put in new window ment today to provide $1 billion, as we from New York. I will refrain from of- glazing with double-paned windows. did in 2001, for a national school repair fering it until the Senator can be on They cleaned up everything. The mold program. Grants would be made to the floor. I know Senator CLINTON is and mildew has disappeared. The in- school districts to make urgent repairs tied up, and I know she wants to speak door air quality has risen dramatically. to fix a leaky roof, replace faulty wir- on this amendment. The building is not just a nicer place; ing, or make repairs to bring schools I will go ahead and send the amend- it is a healthier place. In 1 year, they up to local safety and fire codes. Funds ment to the desk on behalf of myself, cut absences in half just by putting in could also be used to expand existing Senator CLINTON, Senator CORZINE, this new system. structures to alleviate overcrowding or Senator KERRY, Senator BINGAMAN, and Another bonus came with the make the school more accessible to Senator MURRAY. school’s utility bill. As I said, they put students with disabilities. The PRESIDING OFFICER. Is there in a new geothermal system. I looked Under this program, my own State objection to laying aside the pending at all the wells they drilled for this would receive about $5.2 million, amendments? Without objection, it is new system. Last winter the custodian enough to create 125 jobs. Now, the so ordered. at the school told me that when they amendment was fully offset and The clerk will report. first fired up this system on one of the achieves this by rescinding the fiscal The assistant legislative clerk read coldest days of the year, the gas com- year 2004 advance appropriations and as follows: pany called him to report what they reappropriating those moneys in 2003. The Senator from Iowa [Mr. HARKIN], for thought was a broken meter in their This is the exact same mechanism that himself, Mrs. CLINTON, Mr. CORZINE, Mr.

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11090 CONGRESSIONAL RECORD — SENATE September 4, 2003 KERRY, Mr. BINGAMAN, Mrs. MURRAY, and Ms. I rise today to lend my support—and deficit in the history of the country STABENOW, proposes an amendment num- it is a pleasure being a cosponsor—to and an interest payment of $322 billion bered 1575 to amendment No. 1542. the Harkin-Clinton amendment and to this year. Instead of that, if we were to Mr. HARKIN. Mr. President, I ask indicate my support for and cosponsor- focus and invest very small amounts of unanimous consent that the reading of ship of the Dodd-Jeffords amendment money, relatively speaking, in edu- the amendment be dispensed with. supporting special education which is cating our children in safe, quality The PRESIDING OFFICER. Without long overdue. If we can do one thing to schools where they do not have buckets objection, it is so ordered. help our schools increase operating dol- in the corner to catch the water, that The amendment is as follows: lars, it would be to keep a commitment have the latest technology at each and (Purpose: To provide additional funding for that was made over 25 years ago for 40 every desk, if we make sure the funds the Fund for the Improvement of Education) percent of the cost of special education that have been committed through spe- On page 76, between lines 10 and 11, insert to be borne by the Federal Govern- cial education, through Leave No Child the following: ment. That has never actually hap- SEC.ll. (a) ADDITIONAL FUNDS.— Behind, through the commitments of (1) IN GENERAL.—In addition to any pened. If we were to do that, in 1 year the Government that are actually amounts otherwise appropriated under this alone, it would be close to $500 million kept, small amounts of money, com- Act for the Fund for the Improvement of additional resources coming in for paratively speaking, with huge results Education under part D of title V of the Ele- Michigan children, not only to help in increasing opportunities for every- mentary and Secondary Education Act of special education but to help general one, increasing productivity, increas- 1965 (20 U.S.C. 7241 et seq.), there are appro- education students as well. This is crit- ing jobs, lowering the Federal deficit— priated an additional $1,000,000,000 for such ical, as is the Harkin amendment. all of these things happen by focusing fund that shall be used by the Secretary of I also wish to speak as a cosponsor to Education to award formula grants to State on opportunity and education and in- educational agencies to enable such State an additional amendment, the Ken- novation, and that is what these im- educational agencies— nedy-Collins amendment, to increase portant amendments do. (A) to expand existing structures to allevi- Pell grants. Think of the comparison now: $322 ate overcrowding in public schools; First, as in anything else we do in billion paid in interest on the debt this (B) to make renovations or modifications this Senate or in the Congress, this is year versus $1 billion for more school to existing structures necessary to support an issue of priorities. It is an issue al- construction so that children not only alignment of curriculum with State stand- ways of values. I am a member of the hear us say education is important, but ards in mathematics, reading or language Budget Committee, and this week we they see it when they walk into a qual- arts, or science in public schools served by heard a midterm review of where we such agencies; ity school building with technology, (C) to make emergency repairs or renova- are in terms of the budget, with huge with the infrastructure they need, or tions necessary to ensure the safety of stu- looming budget deficits. In fact, we are special education. dents and staff and to bring public schools paying this year $322 billion in inter- I am pleased to be a cosponsor of the into compliance with fire and safety codes; est. That does not fix one school. It amendment Senators KENNEDY and (D) to make modifications necessary to does not send one more young person COLLINS offered, to give more opportu- render public schools in compliance with the to college. It does not fix a road. It nities for young people to go to college Americans with Disabilities Act of 1990 (42 does not help pay for Medicare pre- and to receive something called a Pell U.S.C. 12101 et seq.) and section 504 of the Re- scription drugs. It is $322 billion in in- habilitation Act of 1973 (29 U.S.C. 794); grant. Right now there are 145,151 stu- (E) to abate or remove asbestos, lead, terest which, by the way, is almost as dents in Michigan who have the oppor- mold, and other environmental factors in much as the entire—if you take away tunity to receive some assistance to public schools that are associated with poor defense—nondefense discretionary get a higher education, to go to col- cognitive outcomes in children; and budget of our country. It is amazing, lege. It is an investment not only in (F) to renovate, repair, and acquire needs astounding, that the interest on the the students but it is an investment in related to infrastructure of charter schools. publicly held debt now almost equals us, in our country, in our future. (2) AMOUNT OF GRANTS.—The Secretary the entire spending on health, edu- Under the amendment proposed by shall allocate amounts available for grants cation, the environment, law enforce- Senator KENNEDY and Senator COLLINS, under this subsection to States in proportion to the funds received by the States, respec- ment, and most of the homeland secu- in Michigan another 5,371 students tively, for the previous fiscal year under part rity efforts. would be able to afford to go to col- A of title I of the Elementary and Secondary Why do I mention that in the context lege—5,371 new opportunities for people Education Act of 1965 (20 U.S.C. 6311 et seq). of these amendments? Because it is an to receive Pell grant assistance, and we (b) OFFSET.—Of the funds appropriated in issue of values and priorities, and in would increase the average amount this Act for the National Institutes of the Budget Committee—and we hear from $4,050 to $4,500 just to keep pace Health, $352,000,000 shall not be available for over and over from esteemed witnesses, with the rising cost of higher edu- obligation until September 30, 2004: Provided, from the Chairman of the Federal Re- That the amount $6,895,199,000 in section cation. We raise the amount a little 305(a)(1) of this Act shall be deemed to be serve to the head of the CBO, from less than $500 per grant per student, $7,895,199,000, and the amount $6,783,301,000 in whom we heard this week—we hear and we give more people an oppor- section 305(a)(2) of this Act shall be deemed over and over talk about what drives tunity to go to college. to be $5,783,301,000. the economy. It is increased produc- What would that do and what would Mr. HARKIN. Mr. President, I see my tivity, which is education and innova- that cost? That would cost $2.2 billion. colleague from Michigan on the floor. I tion. It is being able to have more tech- I would say that is a very small invest- yield the floor. nology, more people who have the ment for a very huge impact in terms The PRESIDING OFFICER. The Sen- skills, the brain power, and the train- of opportunity, growth, and produc- ator from Michigan. ing to create that innovation in tech- tivity in the economy and strength- Ms. STABENOW. Mr. President, I ask nology. It means more opportunity for ening our country. unanimous consent to add my name as children to receive a quality education Let me make one other comparison a cosponsor to the Harkin-Clinton and for people to be able to afford high- because right now, again, focusing on amendment. er education. That is how we get to in- values and priorities, as we look at The PRESIDING OFFICER. Without creased productivity which drives the putting together this budget, we know objection, it is so ordered. economy. that, in fact, $1 billion a week is being Ms. STABENOW. Mr. President, I Instead of the policies that have been spent in Iraq to rebuild their infra- commend my colleague from Iowa for used in this administration of focusing structure, to help them have health his stalwart commitment year after on supply-side economics—in other care, to help rebuild their schools. year and month after month as it re- words, you give to a few at the top; you While I certainly hope and pray that lates to education. I thank Senator give tax breaks to a few at the top; you we will be successful in helping to re- HARKIN for his leadership particularly focus only on the needs of a few at the build Iraq and creating the climate for on this issue, as well as special edu- top of our income levels in our coun- a Democratic process and an economy cation, as well as other critical needs try, which, by the way, is a policy that that can work in Iraq, should we do for our children and our communities. has now created the largest single-year less at home? If we can spend a billion

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11091 dollars a week in Iraq, and we are ask- to our country. Yet at the very time these bright young men and women ing for a little over $2 billion for a year they are doing their part, accepting from all corners of our country to have to increase the opportunity for Ameri- their responsibility, the costs of higher an educational opportunity, not feel cans to be able to get higher skills, to education are dramatically increasing. that they have to postpone it or drop get higher paid jobs, to increase that States are reducing their support, in- out because of financial pressures. productivity we are hearing about from creasing tuition, and other related AMENDMENT NO. 1575 the experts that drives the economy costs. As a result, many qualified stu- Similarly, I join with my colleague, and hopefully helps to lower this debt, dents from middle-income and low-in- Senator HARKIN from Iowa, in working is that not a small investment to come families, sometimes the first in to amend the appropriations to provide make? their families to even dream of going critical relief to schools that are over- Two weeks in Iraq would address the to college, the first to apply, the first crowded and worn down and, as a side funding needs in this amendment for to believe they could put together the benefit, create much needed jobs in the students to be able to have Pell grant financial resources to attend and grad- economy. The Harkin-Clinton amend- opportunities to be able to go to col- uate from college, are coming up ment would provide $1 billion to help lege. against the reality of not being able to needy schools make those critical re- One week in Iraq would fund the Har- fund their education. We know that on pairs and renovations and relieve over- kin-Clinton amendment on school con- average each year a postsecondary edu- crowding. struction that is so critical. We can go cation increases earnings by 6 to 12 For New York alone, this amendment right on down the line. We are talking percent. would mean more than $100 million Research also points out what many about small investments, relatively which, believe me, is money that is of us know from personal experience; speaking, for major impacts on real sorely needed. It is particularly needed that postsecondary education leads people. In the end it is, in fact, edu- because of the requirements of No low-income citizens to become more cation and innovation that increases Child Left Behind. productivity and drives this economy self-sufficient, to lead productive lives. We promised that we would put a and creates jobs that all of us want to Clearly, this is a time when we cannot qualified teacher in every classroom. make sure are there for ourselves and ignore the importance of preparing our We led teachers, parents, and students our families. workforce, making it as productive as to believe that a qualified teacher So I urge my colleagues to support possible, and providing programs such would be able to teach because the these amendments, to advocate with us as GEAR UP and TRIO which have number of students sitting before him for a set of priorities to say to the helped change the expectations and or her would be low enough that you American people we want to put oppor- raise the vision of many children from could actually do the hard work of tunities for you and your children first; families for whom college was not a re- helping these students meet the new that we understand that creating op- ality. accountability standards. portunities for everyone to be success- I recently heard from Melissa Santos, ful through opportunities to go to col- a tenth grade GEAR UP student at Unfortunately, because of the dete- lege, through quality schools, through Hempstead High School in my State of rioration in our public school stock, full funding of special education that New York. She wrote to tell me some- because at least one-third of our guarantees the full range of opportuni- thing that sometimes young people do schools need extensive repair, we know ties to every child in our school, those not realize until it is too late. that we have all kinds of learning and things are an important part of making She writes: Life can take you many educational problems that we could sure that everybody has a chance for places. It all depends on the choices help alleviate. the American dream. you make. I feel that life could be It is impossible for most of our com- We fight for that abroad. We need to good, but it all depends on how you live munities to even think about raising make sure it is available at home, for it. For instance, if you decide to go to property taxes to fix these schools. every single young person who works college and get your education, you On the other hand, because of the hard, goes to school, plays by the rules, will most likely live a good life. GEAR State, county, city, and school district and wants to make it. They deserve a UP has a lot of benefits like helping budget crunches, we have schools that chance. We need them to succeed in students get into college, which is es- were contracted for and built a few order to be successful as a country. sential to making it in today’s world. years ago and we cannot even fill the I urge my colleagues to look at these My philosophy is that education can classrooms with teachers because they amendments as important investments break many boundaries. do not have the money. We are cre- in the future for all of us. Well, Melissa Santos is a young ating a recipe for failure. The PRESIDING OFFICER (Mr. COR- woman who is wise beyond her years, For many who voted for No Child NYN). The Senator from New York. but she is taking advantage of a pro- Left Behind, we did so with the under- Mrs. CLINTON. Mr. President, I want gram that is giving her the structure, standing there would be the resources, to echo and support the eloquent com- the incentive, and the motivation to that the Government would do its part ments of my colleague from Michigan dream about going to college. She is so our students, teachers, and parents about the values and priorities of our preparing herself to take advantage of would do their part. The net result Nation at this point in our history. I that. would be better outcomes on learning particularly wish to reinforce her The Kennedy-Collins amendment will measurements for our kids. strong statement of support for the increase access to college for eligible This amendment, the Harkin-Clinton Kennedy-Collins amendment con- students in all States, and it will be amendment, is sponsored by a number cerning higher education and its af- particularly important to students in of our colleagues. Senator BOB GRAHAM fordability. This amendment that will New York where tuition at the State asked to be added as a cosponsor. I ap- increase access to higher education University of New York at our various preciate the support it has received. would invest $2.2 billion in Pell grants campuses jumped by 28 percent. Stu- Clearly, we have to do more than just and other critical programs. dents attending the city University of introduce amendments and talk about I think all of us know that investing New York are now faced with a 25-per- them. We need action. in higher education pays off, but we cent tuition increase. Last year, 404,181 We estimate 14 million American also know we have put our students students received Pell grants in New children are attending these deterio- into a difficult dilemma. They under- York. This amendment will expand rating schools. Think if it were your stand the importance of going to col- grant aid to additional students, but it child, your grandchild, your niece, or lege. That is why in the last week they will also make sure the grant amount your nephew. Think what that would have packed up; they have moved to is sufficient to keep students in school. mean to you and what kind of con- campuses; they have enrolled in So I am hopeful, along with my fidence you would be able to instill in courses; they are prepared to do their friend and colleague from Michigan, the future of that young boy or girl. part to acquire the skills and creden- that we will do something to invest in According to the General Accounting tials they need to make a contribution our own students, make it possible for Office, one-fifth of all children attend

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11092 CONGRESSIONAL RECORD — SENATE September 4, 2003 schools with unhealthy air quality. I established standards for science, but ing a gym to be closed for 5 weeks. know a little bit about this now be- many of our districts did not have the Those are the things that happen as a cause of our work in lower Manhattan financial wherewithal to make sure matter of course through the country. after 9/11. It is absolutely clear that air their facilities were adequate. New There are many educationally com- quality is associated with absenteeism. York City lacks science labs in its jun- pelling reasons to vote for this Harkin- In fact, American children miss 10 mil- ior high schools and has insufficient Clinton amendment. There are many lion schooldays a year because of asth- funds to construct then. We are still re- benefits that would flow to our chil- ma exacerbated by indoor air quality. covering from 9/11. We still have higher dren, our teachers, to the enterprise we Poor indoor air quality has a dis- than 8 percent unemployment. Is it fair have committed ourselves to as a na- proportionate impact on racial minori- to say to the million children in the tion to improve educational outcomes ties and students from low-income New York school district: You are not among all children, leaving no child be- families. Black and Hispanic students meeting the standards because we have hind. have a much higher likelihood of living not given you the basic equipment to But there is another benefit, an an- in neighborhoods with toxic waste fa- be able to do that? I don’t think so. cillary benefit, and that is this would cilities. Eighty percent of Hispanic The city also lacks the funding to create jobs. We are in the worst, children live in neighborhoods where build or modernize science labs and heightening slump since the Great De- quality does not meet EPA standards. high schools. Chancellor Joel Klein pression. More than 3.2 million private According to the GAO, schools with at wrote in a letter to me in support of sector jobs have been lost since Feb- least 40 percent of students eligible to this amendment: ruary of 2001; 1.4 million people have receive free or reduced-price lunch are [W]ithout the necessary resources to meet fallen back into poverty in the last 2 more likely to have unsatisfactory air our acute needs in this area, our students are years. We have an unemployment prob- quality. in danger of falling short of meeting these lem. It is not going away. Some people We are putting our children who need requirements. say the economy is recovering, but help and encouragement the most into The Harkin-Clinton amendment will even the most optimistic call it a job- the environments that are least likely also help alleviate overcrowding. less recovery. We know many people to produce the kind of positive results Today, school enrollments are at their have even given up looking for work. we all hoped for from the unprece- highest level in history, even more This is a way to stimulate the econ- dented Federal mandate under No than the baby boomers. We filled up omy. I don’t think it is the primary Child Left Behind. the classrooms, but the children of the reason. The primary reasons are the These Federal requirements which we baby boomers are even in greater num- reasons to which I have alluded. It have imposed on our school districts bers. A record 47.7 million children are would not hurt to put some people to are really a two-edged sword. On the enrolled in elementary and secondary work. Spending $1 billion on school one hand, we hope these requirements schools today. The number will climb construction would generate 23,765 will inspire school districts to do to 53.7 million by 2008. Between 1990 jobs. In New York alone, it is esti- things that maybe they should have and 2000, school enrollments increased mated it would put 2,434 people back to done on their own but have not in the by 14 percent. work. past; on the other hand, they may set Anyone who has driven by a school So this commonsense amendment, up impossible barriers to any school recently often sees trailers parked on the Harkin-Clinton amendment, is district being able to achieve what is the grounds because that is the only really central to our achieving the pur- expected because we have not funded way the children can be accommo- poses we claim to be supporting. I hope the resources that were called for in dated. The temporary facilities some- my colleagues will recognize the merit the authorization of No Child Left Be- times last years because there are not hind. in this amendment and support it be- I know many of my colleagues argue sufficient resources to do what needs to cause I believe it has a tremendous there is no Federal role for building be done in terms of facilities. amount of positive impact across the and repairing schools. The reality is We have a very big overcrowding board. I further believe it would be af- that we made an explicit Federal pri- problem in New York City. We have fordable and, in comparison to the ority to close the achievement gap, to 30,000 more children than we have other challenges we are facing in Iraq say my daughter and the sons and seats. We know we have to figure out and elsewhere, it would be a dem- daughters and grandchildren of my col- what to do for those children, espe- onstration of real commitment to our leagues would not have an unfair ad- cially with the new standards and the goals. vantage by dint of birth and genetics testing requirements. But it is very I hope on the Kennedy-Collins and environment; they would be given hard to figure out how we are going to amendment concerning Pell grants and all the opportunities we could give as build the classrooms we need to seat other related support for higher edu- their parents and grandparents, but we those 30,000 children without some cation, and on the Harkin-Clinton would do more to help those children help. amendment with respect to school con- who, through no fault of their own, Where does the help, such as it is, struction, modernization, repair, and might not have been provided all of the come from? We know it comes from renovation, that this body will cast a benefits we take for granted. local tax bases, local taxpayers, and we vote that really puts our children When we think about how we are know that in the last several years, ac- first—not just in rhetoric but in re- going to achieve the standards put cording to a survey conducted by the sources. forth in No Child Left Behind and what National League of Cities, virtually Mr. DODD. Will the distinguished our dearest hopes and dreams are for every State that provides aid to local Senator yield? all children, I don’t think we can ig- communities is cutting back on that Mrs. CLINTON. Certainly. nore the compelling body of evidence aid because of the current fiscal prob- Mr. DODD. I wish to ask the distin- that unhealthy school buildings are a lems. Local taxpayers cannot be ex- guished Senator from New York; she detriment to performance. pected to bear the brunt of every edu- has raised a tremendously important If our goal is to leave no child be- cation cut occurring at the local level. amendment here. I don’t recall the hind, we must first start by leaving no There is no way it can be done. numbers exactly. Maybe my colleague school behind. The Harkin-Clinton What administrators do is postpone from New York does. What I have been amendment would help States and costs, postpone repairs, postpone ren- told over the years is, back towards the schools comply with the requirements ovations, and even routine mainte- turn of the 20th century, we were in of No Child Left Behind. I hope we will nance. Deferring the costs does not this country building a new high school look seriously at this amendment that make them go away. Oftentimes it just every week in order to provide for the gives us the opportunity to put our leads to increased costs because some- challenges of the 20th century. We un- money where our mouths have been thing fails and then there is a bigger derstood that creating places that were about higher education standards. problem that is more expensive. There conducive to learning was critically We were ahead of the curve in New were $12 gaskets that failed at a school important to take advantage of the York. The New York regents already in New York costing $186,000 and forc- technologies that were emerging at

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11093 that time. Obviously, we are now in a Mr. DODD. Mr. President, I thank ported the resolution, which regret- new century, but the technologies and our colleague for her observations. She tably was tabled on a vote of 54 to 46. ability to provide students with access is absolutely correct about Senator So the issue with which we are con- to education are unprecedented histori- Morrill from Vermont, for whom it was fronted now, in a very practical sense, cally. named. The University of Connecticut much as we want to support edu- I wonder, from a historical stand- is a land grant college established as a cation—and this bill has $53.5 billion in point, if the Senator might share her result of those efforts. Our colleague education funding—it is at an all-time own thoughts on what has been the his- from New York is absolutely correct in high. On other amendments, we have tory of our Nation regarding the com- pointing out, even prior—she men- analysed the increases which have oc- mitment to education, going back to tioned during the Civil War—our prede- curred during the budget requests by the Northwest Ordinance, the GI bill cessor body, in the midst of that con- President Bush, who has asked the even before the end of World War II. At flict, found the resources to commit Congress to increase the Education times of great national crises, Congress ourselves to higher education. budget from $40 billion to $53 billion, and Presidents always found time, in At the end of World War II, in the on the three budget requests which he the midst of other issues, to commit earliest days of 1945, the GI bill was has made, an increase of 33 percent, themselves to education. I wonder if adopted. There were a few weeks to go, which compares very favorably with she might share some comments and months to go, but nonetheless that act the budget requests made by President thoughts on that point. was debated and discussed. It was de- Bush’s predecessor, President Clinton. Mrs. CLINTON. The Senator is abso- bated because it was a lot of money in On the statistics I had outlined be- lutely correct. If one looks throughout its day, to say to GIs coming back, we fore, in one 3-year period President our history, one sees the commitment want to provide you with an edu- Clinton had asked for increases over 26 to education is a constant. In the midst cational opportunity. percent and in another 3-year period of the Civil War—hardly a moment one You hear it over and over and over had asked for budget increases of 33 would think where any attention would again, Mr. President, when you hear percent, moving from $30 billion to $40 be focused on any matter other than from our veterans, those who never, billion. winning the war—President Lincoln ever could have dreamed of getting a The issue is not really with the broad forged ahead on land grant colleges be- higher education but for the GI bill. brush the Senator from Connecticut cause he understood that the war itself Yet in the midst of the greatest con- talks about, the good old days when we was not the only goal he had to keep in flict of the 20th century, the Congress supported education, notwithstanding mind. He had to be constantly focused of the United States and an American a war being fought, the Civil War. On on what kind of country he was trying President said: We are going to be pre- the issue of education, there has been to save, what sort of union we would pared for the tremendous opportunities very considerable funding. Not as have. He understood that a citizenry that will come after this conflict. We much, frankly, as I would like. And I committed to education, just as Thom- have benefited a thousandfold, a have tried hard to get a larger alloca- as Jefferson understood and his succes- millionfold for every dollar we spent, I tion for education, a larger allocation sors after President Lincoln under- believe. I think my colleagues would for health and human services, and a stood, was the kind of country he want- admit that for every dollar we spent, in larger allocation for workers’ safety. ed to help create and make sure contin- 1945, investing, in the GI bill, the re- Those are the competing items in the ued. If we go into the 20th century, at the turns to this country and the world appropriations bill which this sub- turn of the 19th to the 20th century have been phenomenal. committee has brought forward. So I am deeply grateful to my col- ARKIN when we had so many immigrants com- Our colleague, Senator H , has ing to our shores, looking for hope and league from New York for her recollec- come to the floor. He and I have work and opportunity, we invested in tion of history and the importance this worked on a cooperative basis on this schools. In fact, New York State still issue has been given throughout our and on a bipartisan basis. I should add has some of those schools. I have been Nation’s seamless history, more than that Senator HARKIN has been a cham- in schools built in 1894 and 1910. I have 200 years, of providing for the edu- pion for school construction. I men- been to schools that are so old, they cational needs of our people. I thank tioned Senator Carol Moseley-Braun can’t figure out how to get through her immensely for this amendment was a champion as well as Senator that thick brick exterior to wire the which she has offered to us. I join her HARKIN in reference to a couple of schools. in hoping our colleagues will support votes in which I joined. But all the way through the period, it. Mr. President, we need 10 minutes of whether it was the Progressive period The PRESIDING OFFICER. The Sen- debate starting at 5:30, I believe. under President Roosevelt, the World ator from Pennsylvania. The PRESIDING OFFICER. That is War I era under President Wilson, and Mr. SPECTER. Mr. President, the ob- correct. Under the previous order, at on to President Roosevelt and others, jective of school construction is a very 5:30 there will 10 minutes of debate on going forward, investing in schools was laudable one. I have supported Federal the Daschle amendment. always key. intervention and assistance on school Mr. SPECTER. Mr. President, in the I would make identity with my good construction. This was a cause cham- absence of Senator DASCHLE, I ask friend from Connecticut that certainly, pioned by former Senator Carol unanimous consent that we may pro- given our, sort of, age at this time in Moseley-Braun. ceed for up to 4 minutes, or until Sen- our lives, we know the generation of The grave difficulty with the amend- ator DASCHLE arrives, whichever occurs our parents invested in education. The ment is that there is no money in the first. veterans who went off and saved free- budget resolution to pay for it. In the The PRESIDING OFFICER. Without dom in World War II came home and budget resolution which was voted on objection, it is so ordered. made it clear they wanted to build in the 105th Congress, there was a reso- Mrs. CLINTON. Mr. President, will schools for the children they wanted to lution relating to public school con- the Senator from Pennsylvania yield see grow up in peace. I know the father struction. It was supported by only for a question? of the Senator from Connecticut was a three Republicans at that time—Sen- Mr. SPECTER. I would. great champion of that. ator CAMPBELL, Senator D’Amato, and Mrs. CLINTON. Mr. President, the I find it hard to understand how, here myself. Regrettably, the resolution did Senator from Pennsylvania is correct we are, a generation later, turning our not pass. But at that time I recorded in his statement of his own record and back on the kind of facilities that are my support for the principle of con- the record with respect to increasing needed to demonstrate the public com- struction which would be assisted in the Federal commitment to education. mitment we should be making to our the Federal budget. The Senator from Pennsylvania knows children. A similar matter arose on April 1, very well because of the complex State I thank the Senator from Con- 1998, when the issue in the budget reso- he represents the importance of sup- necticut for a very timely and histori- lution was building schools. On that porting education and also supporting cally important inquiry. occasion, Senator D’Amato and I sup- construction for the kind of old school

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11094 CONGRESSIONAL RECORD — SENATE September 4, 2003 stock we have in cities in New York resolution and because of the alloca- respective States—I would note a cau- and Pennsylvania. tion which this subcommittee has. tionary comment: that if we expect to But would the Senator agree that Much as I would like to see my part- have the broad population of this coun- with the No Child Left Behind Act the ner, Senator HARKIN, get $1 billion try support the long-term commitment consequences for students and school here, I just have to say no. we have taken upon ourselves, which is districts under federally mandated ac- Mr. HARKIN. Mr. President, will the costing at least $1 billion a week—and countability standards are consider- Senator yield for a question? we know the President is going to ably greater than they have ever been Mrs. CLINTON. Certainly. come and ask for between $60 billion at any point in our history where for Mr. HARKIN. I thank the Senator and $70 billion more to support both the first time the Federal Government from New York for her remarks. I just the military mission and the recon- has assumed a leadership role and ac- appreciate her eloquence and her struction costs of Iraq—I think if we countability role with respect to public strength in supporting this proposal to are serious about sustaining public education? rebuild and modernize our schools. support for what is a costly endeavor Mr. SPECTER. Mr. President, in re- I wonder if the Senator from New in terms of life and, much more impor- sponse to the question from the Sen- York is aware of the number of jobs tant than money, the soldiers we are ator from New York, I believe it is true being created. I understand there is an losing, the casualties, the injuries that that the Federal Government has as- estimate that this $1 billion would cre- are being incurred, it is important we sumed a greater responsibility; that ate about 24,000 jobs in the entire support things here in our own coun- the No Child Left Behind Act has tar- United States. try. geted program standards and very spe- There is an article in this morning’s It will be impossible to go to this Na- cific efforts to improve the quality of paper which said the President is going tion and say keep spending money in education in the United States. But I to come up with a new budget request Iraq when you do not have jobs, when do not believe the Federal Government for Iraq of between $60 billion and $70 your schools are crumbling, when your has taken over the financing respon- billion—twice what we were told about bridges, your wastewater treatment sibilities. I took a look at the statistics two months ago. centers, and your electricity grid is as to where we stand now. The Federal In July, we had a briefing by Mr. crumbling. Who are we kidding? How Government still only contributes 8.4 Bremer, who is our counsel over there. do you sustain the broad American percent of the total education budget. He gets to write all these checks for public support for this kind of endeavor We don’t have time to go into all of the money in Iraq. He said something I that costs us blood and fortune without statistics on construction, but con- couldn’t believe I heard, so I wrote it doing things here at home? This is a struction is still left largely to the down. He said they were putting a lot tangible way to demonstrate we care States. Here we have a targeted effort of money into rebuilding infrastructure about what happens in America as with the President spearheading the in Baghdad—the streets, the sewers, well. way and identifying a goal and using and rebuilding schools because they AMENDMENT NO. 1568 the power of his bully pulpit to focus found they got more bang for the buck The PRESIDING OFFICER. The hour attention. But I do not believe it has a when they put it in that. of 5:40 having arrived, the question is corollary obligation to provide all the I can’t understand why we can do now on Daschle amendment No. 1568. money to do all the things to be sure that in Iraq but we can’t do the same The Senator from Pennsylvania. no child is left behind, much as I would here in the United States. Mr. SPECTER. Mr. President, I raise like that. I didn’t like voting against The leveraging of money has been a point of order under section 504 of the the Daschle amendment for rural great in the past with what we have concurrent resolution on the budget for schools. I come from a rural area origi- done for schools. fiscal year 2004 that the amendment ex- nally myself—a small town in Kansas. I might ask again if the Senator will ceeds discretionary spending limits I didn’t like voting against the Murray yield for a question. I am sure the Sen- specified in this section and, therefore, amendment on workforce. I am not ator is aware the offset we are using we is not in order. going to like voting against other edu- already used before to get an addi- The PRESIDING OFFICER. The Sen- cation amendments. This is a very tional $2.2 billion for the bill. I am told ator from Iowa. Mr. HARKIN. Mr. President, pursu- heavy responsibility. Maybe one day there is about $13 million that could be ant to section 504(b)(2) of H. Con. Res. the Senator from New York will be the used as an offset. I am wondering why 95, the concurrent resolution on the chairman of this subcommittee, and we can’t use this offset to get money to budget for fiscal year 2004, I move to when she is chairman of the sub- help rebuild and modernize our schools. waive section 504 of that concurrent committee and she has a budget resolu- I am sort of at a loss. I wonder if resolution for purposes of the pending tion and a 302(b) allocation, she is maybe the Senator might know why we amendment, and I ask for the yeas and going to have to defend it. She might can’t use this money. Since we have al- ready used some of it before in the bill, nays. not like to defend it. I don’t care much The PRESIDING OFFICER. Is there a for defending it. I have cast more bad why we can’t use it for this? Mrs. CLINTON. I share my col- sufficient second? votes in 2 days than I cast in the bal- There appears to be a sufficient sec- ance of the year. I should say ‘‘con- league’s bewilderment. It does appear to me that the offsets are certainly ond. troversial votes’’—not bad votes. There The question is on agreeing to the adequate for the money we believe is no such thing as a bad vote, or a bad motion. child. They are controversial votes on should go into school construction. The The clerk will call the roll. both sides. Senator’s reference to Iraq raises an The legislative clerk called the roll. But I would like to see a bigger pot. additional question. I, too, am aware of Mr. REID. I announce that the Sen- If there were a bigger pot, I would like the statement by the administration, ator from North Carolina (Mr. to see it. by Mr. Bremer and others that we—the EDWARDS), the Senator from Florida Senator HARKIN and I referenced two American taxpayers—were committed (Mr. GRAHAM), the Senator from Massa- budget resolutions in 1997 and 1998 to rebuilding schools, hospitals, health chusetts (Mr. KERRY), the Senator from when in one year Senator CAMPBELL clinics, roads, and powerplants. I don’t Connecticut (Mr. LIEBERMAN), and the and Senator D’Amato and I were alone think one would argue with that. It is Senator from Georgia (Mr. MILLER) are among Republicans voting for school our responsibility. Once we make the necessarily absent. construction, and another year when decision to pursue military action and I further announce that, if present Senator D’Amato and I were alone. change the regime, we inherit those re- and voting, the Senator from Massa- Senator Moseley-Braun and Senator sponsibilities. chusetts (Mr. KERRY) would vote yea. HARKIN fought the good fight. Senator But not only does it seem fair and eq- The PRESIDING OFFICER (Mrs. CLINTON is now here to assist in that. uitable to do the same for our own citi- DOLE). Are there any other Senators in But I am constrained to offer the zenry—particularly our students in the Chamber desiring to vote? other considerations as to what the rural areas and in underserved urban The yeas and nays resulted—yeas 52, limitations are because of the budget areas which both of us represent in our nays 43, as follows:

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11095 [Rollcall Vote No. 326 Leg.] clerked for two distinguished judges, curred with judicial nominees during YEAS—52 D.C. Circuit Judge Laurence H. Silber- the Clinton administration. His con- Akaka Durbin Mikulski man and U.S. Supreme Court Justice firmation process has been expeditious Baucus Feingold Murkowski William H. Rehnquist. Mr. Colloton and smooth. In contrast, an earlier Bayh Feinstein Murray then worked as an attorney with the nominee to the Eighth Circuit from Biden Grassley Nelson (FL) White House’s Office of Legal Counsel Iowa, Bonnie Campbell, never even re- Bingaman Hagel Nelson (NE) Boxer Harkin Pryor at the Department of Justice for a year ceived a vote before the Judiciary Breaux Hollings Reed and then, eager to return to his Mid- Committee following the hearing on Byrd Inouye Reid Cantwell Jeffords western roots, accepted a position as her nomination. Ms. Campbell was a Roberts Clinton Johnson an assistant U.S. attorney in the former attorney general of Iowa, a Rockefeller Coleman Kennedy Sarbanes Northern District of Iowa. former head of the Department of Jus- Collins Kohl Mr. Colloton has impressive court- tice’s Office on Violence Against Conrad Landrieu Schumer Corzine Lautenberg Smith room experience. He has argued 18 Women, and a nominee who also had Daschle Leahy Snowe cases in the Federal courts of appeals, the support of both of her home-state Dayton Levin Stabenow and has briefed several other cases. He Senators including a senior Republican Dodd Lincoln Wyden Dorgan McCain has tried approximately 13 criminal Senator. Neither the nominee nor the cases to verdict. In addition, as an as- Judiciary Committee members were NAYS—43 sistant U.S. attorney, Mr. Colloton was ever told why the Republican majority Alexander Crapo Lugar in the courtroom regularly to argue refused to accord her nomination a Allard DeWine McConnell motions or evidentiary matters. He Allen Dole Nickles Committee vote and, when given the Bennett Domenici Santorum oversees an office which includes 25 at- chance to do right by her, President Bond Ensign Sessions torneys. Bush instead decided to withdraw her Brownback Enzi Shelby Twenty-seven past presidents of the nomination. Bunning Fitzgerald Specter Iowa State Bar have written of Mr. Another contrast exemplified by Mr. Burns Frist Stevens Campbell Graham (SC) Colloton, ‘‘[W]e submit that the excep- Colloton’s confirmation process is the Sununu Carper Gregg Talent tional quality of Mr. Colloton’s experi- pace of confirming circuit court judges. Chafee Hatch Thomas ence, together with its relevance to Chambliss Hutchison Steven Colloton will be the 28th circuit Cochran Inhofe Voinovich this position, uniquely qualifies him to court judge confirmed since President Cornyn Kyl Warner represent Iowa on the United States Bush has taken office. Again, this Craig Lott Court of Appeals.’’ stands in strong contrast to what oc- NOT VOTING—5 I could not agree more. Mr. Colloton curred during President Clinton’s sec- Edwards Kerry Miller has demonstrated his capacity to excel ond term in office. More than 3 years Graham (FL) Lieberman on the Federal court bench. He pos- passed in President Clinton’s second The PRESIDING OFFICER (Mrs. sesses the qualifications, the capacity, term before the 28th circuit court judge DOLE). On this vote, the yeas are 52, and the temperament a judge needs to was confirmed. And, we have already the nays are 43. Three-fifths of the Sen- serve on the Eighth Circuit. confirmed more circuit court nominees ators duly chosen and sworn not having I thank the Chair. I yield the floor. of this President, since July of 2001, voted in the affirmative, the motion is The PRESIDING OFFICER. The Sen- than were confirmed at this time in the rejected. The point of order is sus- ator from Vermont. third year of President Reagan’s first tained, and the amendment falls. Mr. LEAHY. Madam President, term, President George H.W. Bush’s Mr. SPECTER. I move to reconsider today, we vote to confirm Steven term, or either of President Clinton’s the vote, and I move to lay that mo- Colloton to a lifetime appointment on terms. tion on the table. the United States Court of Appeals for Finally, I point out that with Mr. The motion to lay on the table was the Eighth Circuit. Mr. Colloton comes Colloton’s confirmation, there will be agreed to. to us with bipartisan support from both as many active George W. Bush ap- his home-state Senators, for whom I pointees on the bench as there are ac- f have great respect. Steven Colloton tive George Herbert Walker Bush ap- EXECUTIVE SESSION currently serves as the U.S. Attorney pointees. The President’s father served for the Southern District of Iowa. 4 full years. This President has served While I continue to remain concerned less than three and already has made NOMINATION OF STEVEN M. that, at 40 years old, Mr. Colloton re- as much impact on the Federal courts COLLOTON, OF IOWA, TO BE ceived a partial not qualified rating across the country. UNITED STATES CIRCUIT JUDGE from the ABA, he has a good academic I congratulate Steven Colloton, his FOR THE EIGHTH CIRCUIT record and has a record of public serv- family, and the Senators from Iowa on The PRESIDING OFFICER. Under ice in the state of Iowa. his confirmation. the previous order, the Senate will pro- I note that Mr. Colloton is the ninth Madam President, to reiterate this ceed to executive session to consider confirmed circuit court judge who is a will be the 28th circuit court judge con- the nomination of Steven Colloton, to member of the Federalist Society and firmed since President Bush has taken be United States Circuit Judge. The the third former member of White- office. For those who are wondering, clerk will report the nomination. water prosecutor Ken Starr’s office to that is more circuit court nominees The legislative clerk read the nomi- be confirmed to a Federal judgeship. I confirmed than in the third year of nation of Steven M. Colloton, of Iowa, would like to take this opportunity to President Reagan’s first term or Presi- to be United States Circuit Judge for express my hope that Mr. Colloton acts dent George H. Bush’s term or either of the Eighth Circuit. as a fair and impartial judge, despite President Clinton’s terms. We have The PRESIDING OFFICER. There his active role in conservative political done far better, I might say, for Presi- are now 2 minutes of debate evenly di- causes and groups. It was very trou- dent George Bush than we have his vided. Who yields time? The Senator bling that another former Starr pros- three predecessors. from Utah. ecutor confirmed to the Federal bench I will also note a contrast. Mr. Mr. HATCH. Madam President, I rise overlooked years of precedent to rule Colloton’s nomination moved very today to express my unqualified sup- in favor of Vice President CHENEY and quickly, as contrasted to President port for the nomination of Steven against the American people’s interest Clinton’s nominee for the same seat, Colloton to the Eighth Circuit Court of in open access to who was advising the Bonnie Campbell, who was never given Appeals and to urge my colleagues to administration on energy policy, a spe- a vote before the Judiciary Committee. confirm this fine nominee. cial concern in the aftermath of the Even though she had been a former at- Mr. Colloton has excellent academic blackouts in the Northeast this Au- torney general of Iowa, she was the and professional qualifications for the gust. former head of the Department of Jus- Federal bench. A graduate of the pres- Mr. Colloton’s confirmation process tice’s Office of Violence Against tigious Yale Law School, Mr. Colloton stands in stark contrast to what oc- Women, and she had the support of

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11096 CONGRESSIONAL RECORD — SENATE September 4, 2003 both of her home State Senators, she terpret the law, rather than create it. unanimous consent that, following was never given a vote. Steve Colloton will make an excellent that, Senator HATCH be recognized for The PRESIDING OFFICER. The time judge on the Eighth Circuit, and I urge a statement as well. of the Senator has expired. my colleagues to join me in supporting The PRESIDING OFFICER. Without Mr. LEAHY. I will support Steven his nomination. objection, it is so ordered. Colloton. Mr. LEAHY. I ask for the yeas and f Mr. GRASSLEY. Madam President, I nays. urge my colleagues to support an excel- The PRESIDING OFFICER. Is there a CONGRATULATIONS, SENATOR lent judicial nominee for the U.S. sufficient second? LAUTENBERG Court of Appeals for the Eighth Cir- There is a sufficient second. Mr. DASCHLE. Madam President, I cuit. Steven Colloton is an outstanding The question is, Will the Senate ad- congratulate our friend and colleague, individual with an extensive record of vise and consent to the nomination of FRANK LAUTENBERG, on reaching a his- public service and impressive legal ca- Steven M. Colloton, of Iowa, to be toric milestone: With the last vote, reer. I am glad that the Senate is fi- United States Circuit Judge for the Senator LAUTENBERG became only the nally voting on this nomination. Eighth Circuit? The clerk will call the fourth New Jersey Senator in history Steve Colloton is an Iowan, born in roll. to cast 6,500 votes in the Senate. Not Iowa City. He graduated from Prince- The assistant legislative clerk called bad for a freshman. ton University and Yale Law School. the roll. That incredible accomplishment is a He served as a law clerk to Judge Lau- Mr. REID. I announce that the Sen- reflection of Senator LAUTENBERG’s rence Silberman on U.S. Court of Ap- ator from North Carolina (Mr. deep commitment to his State, to his peals for the D.C. Circuit, and then as EDWARDS), the Senator from Florida Nation, and to this Senate. One of the a law clerk to the Honorable William (Mr. GRAHAM), the Senator from Massa- many reasons we are grateful he de- Rehnquist, Chief Justice of the U.S. chusetts (Mr. KERRY), the Senator from cided to end his retirement and return Supreme Court. Subsequently, Steve Connecticut (Mr. LIEBERMAN), and the to the Senate is, over one 3-year pe- Colloton worked as an attorney with Senator from Georgia (Mr. MILLER) are riod, covering the second session of the the Office of legal Counsel at the Jus- necessarily absent. 101st Congress and both sessions of the tice Department and than as an assist- I further announce that, if present 102nd Congress, Senator LAUTENBERG ance U.S. attorney in the Northern and voting, the Senator from Massa- did not miss one vote. Out of 876 cast, District of Iowa for 8 years, with a chusetts (Mr. KERRY) would vote he did not miss 1 single vote. The fol- brief detail as an associate independent ‘‘yea’’. lowing year, he missed only 1 of 394 counsel in the Office of Independent The PRESIDING OFFICER. Are there votes cast. He is what we all know to Counsel. From 1991 to 2001, he was part- any other Senators in the Chamber de- be a workhorse. ner at a law firm in Des Moines, IA. siring to vote? I am not sure if we should call him After the 9/11 terrorist attacks, Steve The result was announced—yeas 94, New Jersey’s senior Senator or New Colloton returned to government serv- nays 1, as follows: Jersey’s junior Senator, but there is no ice and was unanimously confirmed by [Rollcall Vote No. 327 Ex.] doubt he is a remarkable Senator. the Senate to the position of U.S. At- YEAS—94 I congratulate him again on this torney for the Southern District of Akaka DeWine Lugar milestone. I look forward to seeing him Iowa. There he has focused his efforts Alexander Dodd McCain cast many more votes in this Chamber. on combating crime and enforcing drug Allard Dole McConnell Allen Domenici Congratulations. laws, as well as fighting terrorism. He Mikulski Baucus Dorgan Murkowski I ask unanimous consent that Sen- has done a great job serving our coun- Bayh Durbin Murray ator LAUTENBERG be recognized for a try as an Iowa U.S. Attorney. Bennett Ensign Nelson (FL) couple of minutes to respond. Biden Enzi Nelson (NE) In addition, Steve Colloton has many Bingaman Feingold The PRESIDING OFFICER. Without Nickles strong supporters. Twenty-seven past Bond Feinstein objection, it is so ordered. Pryor Boxer Fitzgerald presidents of the Iowa State Bar wrote Reed Mr. LAUTENBERG. I thank our lead- that ‘‘the exceptional quality of Mr. Breaux Frist er, the Democrat leader, for the kind Brownback Graham (SC) Reid Colloton’s experience, together with its Bunning Grassley Roberts comments, and my colleagues, some of relevance to this position, uniquely Burns Gregg Rockefeller whom are more accustomed to dif- qualifies him to represent Iowa on the Byrd Hagel Santorum fering with me than applauding for me, Campbell Harkin Sarbanes United States Court of Appeals.’’ Cantwell Hatch Schumer but I respect their views when they Members of the Polk County Chiefs Carper Hutchison Sessions register a vote and I am sure the feel- of Police and Sheriff’s Association Chafee Inhofe Shelby ing would be returned. wrote, ‘‘Steve Colloton is the right Chambliss Inouye Smith I thank all of my colleagues for their choice for the Eighth Circuit Court Clinton Jeffords Snowe Cochran Johnson Specter many indulgences and their encourage- Judge position, and we fully endorse Coleman Kennedy Stabenow ment and willingness to take me back President Bush’s nomination.’’ Even Collins Kohl Stevens because here I stand in probably an- people who have worked on the other Conrad Kyl Sununu Cornyn other record, maybe the oldest fresh- Landrieu Talent side of Steve Colloton think very high- Corzine Lautenberg man who ever served in the Senate. I Thomas ly of him. George Collins, the attorney Craig Leahy Voinovich feel fresh, and I am glad to be here. I for Jim Guy Tucker, wrote, ‘‘I am con- Crapo Levin thank all of my colleagues for their Daschle Lincoln Warner vinced Steve Colloton is an honorable Dayton Lott Wyden friendship. man, and that, when cases come before The PRESIDING OFFICER. The Sen- NAYS—1 him, he will call them as he sees them. ator from Utah. . . . I believe that his case will be de- Hollings Mr. HATCH. I compliment my col- cided on the law, and, to the extent ap- NOT VOTING—5 league from New Jersey and am very plicable, the facts. . . .’’ These quotes Edwards Kerry Miller proud of him for having cast those show just how much confidence people Graham (FL) Lieberman many votes. have that Steve Colloton will make a The nomination was confirmed. I ask that my remarks be as in morn- good Eighth Circuit judge. f ing business. Steve Colloton has all the right The PRESIDING OFFICER. Without qualifications to be a Federal judge. He LEGISLATIVE SESSION objection, it is so ordered. is a bright lawyer with tremendous The PRESIDING OFFICER. Under f legal experience and who is well re- the previous order, the President is no- spected by his peers. He is a man who tified of the Senate’s action and the WITHDRAWAL OF ESTRADA will follow the law and have a healthy Senate returns to legislative session. NOMINATION respect for case precedent. He under- Mr. DASCHLE. Madam President, I Mr. HATCH. Madam President, I rise stands that the role of a judge is to in- will have a short statement but I ask today to speak on the unfortunate

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11097 withdrawal of the nomination of goes into his reelection campaign next firmed numerous Clinton circuit court Miguel Estrada for the United States year. They are even less interested in nominees who, like Miguel Estrada, Court of Appeals for the District of Co- putting a conservative Republican in had no prior judicial experience. A lumbia Circuit. It is truly a sad record line to become the first Hispanic Jus- number of these nominees had worked that the Senate, for the first time ever, tice on the Supreme Court. in the Justice Department or other has terminated a circuit court nomina- In an effort to prevent Mr. Estrada’s branches of the Federal Government, tion by filibuster rather than by an up- confirmation, his opponents resorted to but Senate Democrats made no de- or-down vote. It is particularly trou- a number of troubling tactics. During mands for their confidential memo- bling that political tactics were used to his hearing there were frequent at- randa or privileged work product. Yet destroy this extremely qualified nomi- tempts to inject political ideology into Senate Democrats persisted in this de- nee. the judicial nomination process. This mand, knowing full well that for sound Let me state that a clear majority of was most evident as related to ques- reasons the administration, with the this body supported this nomination, tions about his views on Roe v. Wade, support of all seven living former So- as has been demonstrated in the un- the apparent litmus test for many Sen- licitors General, both Democrat and precedented seven cloture votes which ate Democrats. Republican—four of them were Demo- have taken place. So it is regrettable In response to this concern, he of- crats—would not and could not accede that a minority of Senators followed fered cases he had taken on as an at- to that request. their script of extraordinary obstruc- torney to illustrate his commitment to When all other tactics failed, oppo- tionism to prevent the Senate from following the law instead of imposing nents turned to their ultimate weapon, concluding the debate on this nomina- any political agenda. He also testified the filibuster. Filibusters of judicial tion and proceeding to a final vote. It under oath that he would follow Roe nominees allow a vocal majority to goes against all the honorable tradi- and Casey if he were confirmed. But prevent the majority of Senators from tions of this body for Senators to rest even his outstanding record and testi- voting on the confirmation of a Federal behind a veil of procedural votes rather mony before the committee was appar- judge, a prospective member of our than taking a public stand on the mer- ently not enough to satisfy those de- third, coequal branch of Government. its of this outstanding nominee. termined to destroy his nomination. It is tyranny of the minority and it is After all, all he or any of us wanted Opponents repeatedly raised red her- unfair to the nominee, to the judiciary, was an up-or-down vote, something we ring issues with two additional de- and to the majority of the Members of have always given every nominee who mands. One was that Mr. Estrada an- this body, and to the President. The has come to the Senate floor and has swer their questions, though the record unprecedented filibuster of Mr. Estrada been called up on the Senate floor. is clear that his responses were com- was certainly unfair to a majority of While it is shameful that Miguel plete. Mr. Estrada spent hours during a Senators who stood ready to fulfill Estrada was subjugated to political day-long hearing answering my Demo- their constitutional responsibility by whims, it is not entirely surprising. cratic colleagues’ questions. He an- voting on Mr. Estrada’s nomination. Opponents from the very outset, for swered written questions submitted It has been more than 2 years since their own ideological purposes, have after the hearing, although only two, Miguel Estrada was nominated by been determined to defeat this nomina- only two committee Democrats both- President Bush, on May 9, 2001, and tion. Last fall, a Democratic staffer on ered to ask him written questions. nearly a year since his hearing before the Judiciary Committee was quoted in He gave answers to questions that the committee. In all of that time, my the Nation magazine as saying: were substantially similar to answers Democratic colleagues had unlimited Estrada is 40 and if he makes it to the cir- given by Clinton nominees who were opportunities to make their case. Some cuit then he will be Bush’s first Supreme confirmed. Yet my Democratic col- of them opposed him. Others supported Court nominee. He could be on the Supreme leagues continue to complain that he him. But one thing remained clear Court for 30 years and do a lot of damage. We had not answered their questions. Real- through this whole debate: There was have to stop him now. ly, their complaint is that in answering no good reason to deny Mr. Estrada an So it appears that the real reason for their questions, Mr. Estrada did not up-or-down vote, the dignity of an up- the filibuster against Miguel Estrada say anything that gave them a reason or-down vote. was the concern by opponents of a pos- to vote against him. Simply put, they On the merits, Mr. Estrada was ex- sible Justice Estrada on the U.S. Su- were not really interested in his an- tremely qualified to serve on the court preme Court. swers to their questions. They were in- to which he was nominated. The quali- An editorial appearing in the Atlanta terested only in defeating his nomina- fications of Miguel Estrada are well Journal-Constitution said it best: tion. known to the Senate. He represents an The fear with Owen and Estrada is that one This is why every effort to make Mr. American success story. After immi- or both will be nominated to the United Estrada available to answer additional grating to the United States, after States Supreme Court should a vacancy occur. Senate Democrats are determined to questions has gone virtually overcoming a language barrier and keep off the circuit court bench any per- unacknowledged. Only one Democratic speech impediment, he graduated ceived conservative who has the credentials Senator met with Mr. Estrada and only magna cum laud and Phi Beta Kappa in to serve on the United States Supreme one submitted written questions to Mr. 1983 from Columbia College. At Har- Court. Estrada after the floor debate on his vard Law School he was an editor of There is an additional factor not nomination began. the Harvard Law Review and graduated based on any substantive objection to Their second demand was the unrea- magna cum laude in 1986. his nomination. I believe some Senate sonable request that the administra- Mr. Estrada’s professional career has Democrats do not want the current tion release confidential internal been marked by one success after an- President, a Republican President, to memoranda he authored at the Solic- other. After graduation, he clerked for appoint the first Hispanic as the U.S. itor General’s office. This issue has Second Circuit Judge Amalya Kearse, a Circuit Court Judge for the District of been fully debated. The short response Carter appointee and then Supreme Columbia Circuit. Let me read from an is that never before has a Presidential Court Justice Anthony Kennedy. He editorial published by the Dallas Morn- administration released confidential worked as an associate in the distin- ing News addressing this point. On Feb- appeal, certiorari and amicus rec- guished firm of Wachtell Lipton in New ruary 17, 2003, the News wrote: ommendations on the scale that my York. He then worked as a Federal Democrats haven’t liked Mr. Estrada from Democratic colleagues sought from Mr. prosecutor in Manhattan, rising to be- the beginning. Part of that is due to his ide- Estrada. They attempted a full-scale come deputy chief of the appellate divi- ology—which is decidedly not Democratic. fishing expedition, pure and simple, sion. In recognition of his appellate But part of it also has to do with the and the Justice Department was right skills, he was hired by the Solicitor fellow who nominated him. Democrats to oppose it. General’s office during the first Bush don’t relish giving President Bush one Furthermore, this demand con- administration. He stayed with the So- more thing to brag about when he goes stituted a double standard for Miguel licitor General’s office for most of the into Hispanic neighborhoods when he Estrada. The Judiciary Committee con- Clinton administration. When he left

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11098 CONGRESSIONAL RECORD — SENATE September 4, 2003 the Solicitor General’s office, he joined ceiling, becoming one of the great part- we going to do that type of activity. the DC office of Gibson, Dunn & ners of a major law firm in this coun- Frankly, everyone who came to the Crutcher, one of the great law firms in try, and broke through the glass ceil- floor had a vote, and only one, if I re- this country, where he continued to ing for women, yet she is being treated call correctly, was defeated by an up- excel as a partner and rose to the top like dirt on the Senate floor. Also, Bill and-down vote. But at least he had a of the ranks of oral advocates nation- Pryor, who has more than shown his vote. And Miguel Estrada deserved that wide, having argued 15 cases before the propensity to always follow the law, just as much as any of the past nomi- U.S. Supreme Court. even though the law may differ from nees. The legal bar’s wide regard for Mr. his own personal, deeply held beliefs. Mr. MCCONNELL. Madam President, Estrada is reflected in his evaluation There are, no doubt, factions of far will the Senator yield? by the American Bar Association. The left interest groups that are delighted Mr. HATCH. Yes, I yield for a ques- ABA evaluates judicial nominees based to see Miguel Estrada has withdrawn tion. on their professional qualifications, his nomination. These same groups no Mr. MCCONNELL. I ask my friend their integrity, their professional com- doubt will declare victory and mount from Utah, the chairman of the Judici- petence, and their judicial tempera- even more vigorous campaigns in an ef- ary Committee, if it is the case that ment. Based on an assessment of all of fort to ensure that other judicial nomi- the President’s nominee, John Roberts, those factors, the ABA bestowed upon nees suffer the same fate. From what I and the President’s nominee, Miguel Mr. Estrada its highest rating of understand, some of my colleagues in Estrada, both served in the Solicitor’s ‘‘unanimously well qualified.’’ the Senate share those sentiments. But Office at some point in their careers? Yet despite the superb record of let me tell you right now, this is no oc- Mr. HATCH. They both did, and both Miguel Estrada, opponents chose to casion for celebration. We should be were nominated at the same time, over deny him a simple up-or-down vote, in- embarrassed that Miguel Estrada, hav- 2 years ago. jecting politics into the judicial con- ing had enough of serving as a political Mr. MCCONNELL. I ask my friend firmation process. Opponents have not football instead of as a Federal judge, from Utah, the chairman of the Judici- only treated Miguel Estrada unfairly; decided to end his nomination. And we ary Committee, if it is also true that they have further damaged this proc- should be embarrassed of the continued the internal work product documents ess. attempts to usurp the nomination that were requested of nominee Miguel One casualty is enough. I hope all function from the President and the Estrada were not requested of nominee Senators will consider the dangerous consent function from the Senate ma- John Roberts. ramifications of the actions of the Sen- jority. Mr. HATCH. Absolutely right. They ate in causing Miguel Estrada to with- We should not stand back and allow a were not requested. There was a dif- draw his nomination through the use of minority of Senators to prevent an up- ferent standard used with regard to Mr. the filibuster. This should never hap- or-down vote on any judicial nominee Estrada—a very unfair standard know- pen again. and especially those once they have ing that the Solicitor General’s Office Just one other thing on this. He was come to the floor. could not allow a fishing expedition asked to comply when he couldn’t do We should not inflict upon Priscilla into those documents. it, with a fishing expedition into the Owen, Bill Pryor, or any others the Mr. MCCONNELL. Is it not the case Solicitor General’s most privileged same shabby treatment that led Miguel that every former Solicitor—most of documents, documents that have never Estrada to withdraw his nomination. whom are Democrats—had the view been given in toto as requested by the These all deserve better. And nominees that these internal working documents Democrats, never before. Four Demo- in the future deserve better. The ma- should not be shared? crat former Solicitors General said jority of the Senate that stands ready Mr. HATCH. That is correct. Four of they would never give these docu- to confirm the ones I have mentioned the seven former Solicitors General ments. Those Democrat former Solici- deserve better. Most importantly, the who are living today are Democrats, tors General and three others said they and all seven of them came out and opposed the release of these docu- American people expect their Senators said that these documents should not ments. to hold up-or-down votes on judicial If this was a legitimate request, why nominees and deserve the opportunity be given to the Senators of the United didn’t they ask for similar documents to hold their Senators accountable for States because of their sensitivity and in the case of John Roberts? In other the votes they cast on the President’s their privileged nature. words, Miguel Estrada was treated judicial nominees. Mr. MCCONNELL. Is it also not true completely different from other people. I have been around here a long time. that nominee John Roberts was con- Why didn’t Senate Democrats ask for Both sides have committed errors with firmed unanimously? these documents in the case of others regard to judicial nominees over the Mr. HATCH. It is true that he was through the years who worked in the years. But nothing has ever reached confirmed unanimously. Solicitor General’s office? It was just a the dimensions of what has been done Mr. MCCONNELL. We all know that red herring that some in the media to Miguel Estrada. Nothing has even Miguel Estrada was filibustered to the bought off on, to prevent this man come close. He has been treated in an point where he subsequently withdrew from ever having the dignity of an up- especially onerous way that no other today. or-down vote on the Senate floor. nominee I know of in the history of the Mr. HATCH. The Senator is correct. The reason they prevented that is be- Senate has been treated. He has been Mr. REID. Madam President, will my cause they knew he would have won singled out primarily because he was friend from Utah yield for a question? and he would have won a bipartisan viewed as being on the fast track to the Mr. HATCH. If my friend from Ken- vote in the Senate. Supreme Court, and because he is a tucky has concluded. Frankly, filibusters should never conservative Republican Hispanic who Mr. MCCONNELL. I thank the chair- occur again. Yet more judicial nomi- might be pro-life and who is on the fast man of the committee for yielding so nees face continuing filibusters on the track to the Supreme Court. I don’t we could point out the differences in Senate floor. We will soon once again think anybody who is honest can refute treatment between these two nominees put to the test the respect the Mem- that statement. with very similar backgrounds and who bers of our body have for our constitu- I think it is pitiful what has hap- were nominated for the same court at tional duty to advise and consent on pened. I just hope we wake up in this the same time. judicial nominations. We will continue body and start treating people with Mr. HATCH. The illustration should to file for cloture to end debate and to fairness which the advise and consent not be limited to just John Roberts and give Priscilla Owen, Bill Pryor, and clause of the Constitution demands. I Miguel Estrada. There are a number of other judicial nominees that the left is hope that works on both sides. people who are on the Federal bench intent on blocking the up-or-down There were those who wanted to fili- and who have served on the Federal votes they deserve. buster on our side during the Clinton bench who also served in the Solicitor’s These are outstanding nominees. years. We stopped it. We were not Office who were never asked those Priscilla Owen broke through the glass going to set that precedent, nor were questions, and rightly so. They should

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11099 never have been asked. It was a red case, I don’t believe we have enough informa- We have Professor Paul Bender, Mr. herring that many of my colleagues hid tion to make such a decision, as a direct re- Estrada’s direct supervisor at the Depart- behind to justify this outrageous and, I sult of the lack of cooperation by this nomi- ment of Justice, who said to the press that nee and by the White House. As a result, we he believed Estrada to be so ‘‘ideologically think, shabby treatment of Miguel should not be asked to make such an impor- driven that he couldn’t be trusted to state Estrada. tant decision. the law in a fair, neutral way.’’ Mr. Bender I yield to my friend for a question. I want to clearly state this is not an issue recently sent a letter to the chairman of the Mr. REID. Madam President, I under- of retaliation, as some have suggested. It is Judiciary Committee essentially reaffirming stand the strength and feeling of the true that the Republican Senate did block a this statement. Senator from Utah and the Senator number of very qualified Hispanic nomi- We have major Hispanic organizations— from Kentucky. The record has been nees—female nominees, and so on—under just those groups one might expect to most President Clinton. strongly support Mr. Estrada—strongly op- spread with that for many months now. And it is true that many on this floor have posing him instead. I would only say if the Senator wants mentioned those nominees—Enrique Moreno, On the other hand, as we look for facts to to speak more, we have no problem. for instance. But they were mentioned not to counteract such serious concerns, we have Mr. HATCH. I yield the floor. begin some tit-for-tat exchange of blocked almost nothing. Mr. REID. Madam President, I draw nominations. Quite the contrary. Under Miguel Estrada has never been a judge, so the attention of my colleagues to the Chairman Leahy, the Judiciary Committee we have no record of judicial decisionmaking to examine. This in itself is not dispositive, same statement which I made earlier and the Democrat-controlled Senate con- firmed 100 nominees in just over a year. but it is the first area where we find no today in response to the remarks of Mr. Estrada has already been given far bet- record to help us in our decisions. Senator FRIST about Miguel Estrada. ter treatment than many were given by the Mr. Estrada is not a prolific writer, so Madam President, I ask unanimous other side in the recent past. All we ask for again, unlike many, we have no real record consent that a CONGRESSIONAL RECORD is some basic answers to the most basic of of writings or speeches to examine. Again, this alone would not be dispositive, but, as I statement made by Senator FEINSTEIN questions. Think about this: Before us now, we have a 41-year-old nominee about whom said earlier this week, in a sense, it is strike on February 13, 2003, on the nomination two in terms of where we can get informa- of Miguel Estrada be printed in the we know little. He has been nominated to a crucial appellate court, the DC Circuit, tion about this nominee. RECORD. We have not been granted access to the which is, at present, evenly split. That raises memos he wrote at the Department of Jus- There being no objection, the mate- the question, Do we have a right to know if tice, so we can only take the word of the rial was ordered to be printed in the this judicial nominee can be impartial? I be- man who supervised him that those memos RECORD, as follows: lieve we do. were ideologically driven and could not be Mrs. FEINSTEIN. Mr. President, I had an In this case, this nominee, for some reason, has been very controversial from the begin- trusted. That is strike three. opportunity to come to the floor once before Mr. Estrada refused to adequately partici- ning. We have heard from many who have and express my views about the nominee who pate in his own confirmation hearing, so we worked with Mr. Estrada or even supervised is before the Senate for confirmation, Miguel have no real answers to these questions. And him, and many who have watched him work Estrada. But I want to make a few additional the questions are legitimate. points at this time, and I hope I don’t repeat throughout the years. Even when given time to think about his Without exception, all of these individuals myself. answers, even when he was given questions believe Mr. Estrada is bright. And I am con- I want to say for my part and for the part in written form, he refused to answer those fident that every Democrat in this body of many others in the body that this is not questions, using precisely the same language agrees with that assessment. But that is not a debate we were eager to begin; this is not he used to refuse to answer at his hearing. a debate we are eager to continue; but this is the problem. And that is not the question For instance, when Senator Durbin asked a debate that really goes to the heart of the today. this nominee, in writing: ‘‘Do you have an Without exception, all these individuals separation of powers and the checks and bal- opinion on the merits of Roe v. Wade?’’ Mr. believe Mr. Estrada to be well educated, as ances that the Founders of this Nation so Estrada responded, as he did to me in com- my colleagues on the other side of the aisle carefully crafted more than 200 years ago. mittee, ‘‘it would not be appropriate for me have indicated throughout the last few days. The President makes nominations to the to express such a view without doing the in- But that, too, is an issue that is not in Federal judiciary. This is true. But it is a ju- tensive work that a judge hearing the case doubt, and it is not the problem. diciary that Congress fashioned, and it is a And essentially, without exception, all of would have to undertake—not only reading judiciary that the Senate has been given the these individuals believe Mr. Estrada is con- briefs and hearing the arguments of counsel, constitutional responsibility to help fill, servative. Some believe him to be very con- but also independently investigating the rel- through our advice and consent role. servative, some less so, but all recognize him evant constitutional text, case law, and his- tory.’’ I am one who has always believed that to be a conservative. Even Mr. Estrada him- In the hearing, I asked him: Do you believe every nominee should get a full and fair self, as I understand it, would likely describe Roe was correctly decided? And he said he hearing and that every nominee should then himself in this manner. But make no mis- get an up-or-down vote. For too long, I could not answer that question. take, this is not about whether or not Miguel When Senator Kennedy asked Mr. Estrada, watched one after another Clinton nominee Estrada is conservative. languish without any such courtesy, and in writing, how he would have resolved a I have already voted for nominees whom I case that came before the DC Circuit and with no explanation as to why. Many of his know to be conservative, as have most, if not nominees were minorities who never even was then decided by the Supreme Court— all, of my Democratic colleagues. Hoffman Plastics—Mr. Estrada again an- got the chance to speak to the Committee. At the present time, I have just given my swered that because he had not read the Chairman Hatch and I had many conversa- proxy to the Judiciary Committee that is briefs and was not present at oral argument, tions during that time about moving more considering three nominees to appellate he could not answer. nominees through the committee. And I courts who are, in fact, conservative. And I know he did more than many in his caucus When Senator Kennedy asked him about will vote yes on those nominees. the Maryland/DC/Delaware Broadcasters would have liked him to do to move nomi- So the question is not whether this nomi- case, again Mr. Estrada said he could not, or nees. For that, I thank him. I believe deep in nee—or any nominee—is liberal or conserv- would not, answer. his heart he also believes nominees should ative, White or Hispanic, Jewish or Catholic, When Senator Durbin asked Mr. Estrada to move through and get a hearing. But still, or any other group or inclination. The ques- name any judge, living or dead, whom he too many nominees were stopped from even tion with this nominee—and with every would seek to emulate, Mr. Estrada said he the most basic of rights during the nomina- nominee—is whether the nominee can put could name not one judge he would emulate. tion process—a hearing—a basic right for aside personal beliefs to rule fairly and im- In contrast, let me take a moment to talk someone who is nominated to the Judiciary partially on the cases that come before him about Judge Richard Paez, a well-qualified Committee. They should have a right to have or her. Hispanic nominee sent to the Senate by a hearing, in my view. In some cases, we can get a clear idea of President Clinton and eventually confirmed In this case, the Democrat-controlled Sen- how a nominee would handle the responsibil- to the Ninth Circuit Court of Appeals. ate gave Miguel Estrada a full and fair hear- ities of a Federal judgeship. But in this case, Judge Paez spent more than 1,500 days be- ing and every opportunity to show the com- as we tried to get a clear idea of how this fore this Senate before he finally got a vote. mittee what kind of judge he would be. But nominee would handle these responsibilities, And this came despite the fact that he an- he did not use that opportunity well. we were really stymied at every turn. swered every question put to him. Although I believe that every nominee de- On the one hand, we have letters, phone For instance, Senator Sessions asked him: serves an up-or-down vote, an up-or-down calls. To my office, we have received almost ‘‘Which Supreme Court Justice or federal vote on final confirmation should only occur 8,000 phone calls in opposition to this nomi- judge has most influenced your judicial phi- after the Senate has had a full opportunity nee; and less than 400 in favor. All these losophy?’’ Judge Paez named Judge Harry to learn about the nominee and to properly phone calls seem to indicate the belief that Hupp, a man he appeared before as a liti- judge whether or not that nominee can serve Mr. Estrada is an ideologue who cannot be gator, and a colleague of his on the district impartially in the Federal judiciary. In this trusted with a circuit court judgeship. court bench.

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11100 CONGRESSIONAL RECORD — SENATE September 4, 2003 Senator Sessions asked Richard Paez: ‘‘In In Miguel Estrada’s questionnaire, he ad- DEPARTMENTS OF LABOR, your opinion what is the greatest Supreme mitted to having written no books, articles, HEALTH AND HUMAN SERVICES, Court decision in American history?’’ Judge or reports of any kind, save one Law Review AND EDUCATION, AND RELATED Paez did not refuse to answer, or claim that article in law school. That was titled ‘‘The AGENCIES APPROPRIATIONS he could not give an answer because he had Policies Behind Lending Limits.’’ He wrote not been present at oral arguments. Instead, that in 1985. At Miguel Estrada’s hearing, he ACT, 2004—Continued he simply named Brown v. Board of Edu- would not comment on whether any case had The PRESIDING OFFICER. The Sen- cation. ever been wrongly decided, even cases that ator from Ohio. Senator Sessions then asked: ‘‘What is the have been overturned. He would not name Mr. DEWINE. Madam President, my worst Supreme Court decision?’’ Judge Paez any single judge he would want to emulate answered: ‘‘Dred Scott.’’ This is the decision colleague from New York and other on the bench in any way. He would not an- Members who are on the Senate floor where the Supreme Court ruled, essentially, swer written questions put to him that ‘‘once a slave, always a slave.’’ would help us learn more about how he have several amendments that I ask Miguel Estrada, on the other hand, would thinks about cases and how he would judge unanimous consent to have set aside. I not answer these types of questions. them. He would not even try to convince the anticipate speaking probably for about Senator Schumer asked him to name any Justice Department to turn over some of the 10 minutes. Supreme Court case he thought was wrongly memos he wrote for the Solicitor General’s Mr. SPECTER. Madam President, decided. He did not simply say he thinks Plessy v. Office, nor would he himself turn them over. will the Senator from Ohio yield for an Ferguson was wrongly decided. That is the If this nominee is confirmed, we believe we announcement? case that upheld the concept of separate but would be sending a signal that stonewalling Mr. DEWINE. I yield. equal. And even the Supreme Court has since the Judiciary Committee and the full Senate Mr. FRIST. Madam President, just overturned it. I know of few people who is the way to succeed on the way to a judge- for the information of our colleagues, would claim Plessy was correctly decided. ship. That is the wrong signal and the wrong message. we will have no more rollcall votes to- But Miguel Estrada apparently thinks he night. The plan at this juncture is that could not say so without having heard the In effect, we would be abdicating our con- oral arguments. He did not say he disagreed stitutional role, our constitutional duty to most likely we will have two stacked with the Dred Scott decision, which upheld advise and consent to nominees, because we rollcall votes in the morning. That is slavery. He did not say he believed would never again be able to learn enough subject to change. People should stay Korematsu, which upheld the right of the about a nominee to make reasoned decisions. in touch with the cloakrooms. But for United States to put American citizens of Nominees could become increasingly tonight, there will be no more rollcall Japanese descent into internment camps. He young, increasingly ideological, and increas- votes. named none of these cases. He simply said he ingly silent. The courts would soon be We will continue with amendments, could not answer the question. packed with judges of unknown disposition, This is in direct contrast to a recent expe- unknown temperament, and unknown pro- and I ask Members to come to the floor rience with Jeffrey Sutton during his hear- clivities to judge fairly and impartially. so we can prepare for tomorrow. We ing less than 2 weeks ago. Mr. Sutton is also We should take our constitutional duties will have stacked votes in the morning. a controversial nominee, but he answered more seriously than that. We simply are de- The PRESIDING OFFICER. The Sen- every question put to him. We got a good termined not to let that happen. ator from Ohio. sense of how he would think and act as a I would like to read the concluding sen- AMENDMENT NO. 1561 TO AMENDMENT NO. 1542 judge. I, myself, who was concerned about tence from the editorial in today’s New York him initially, felt he was a strong advocate, Mr. DEWINE. Madam President, I Times: 6 call up my amendment numbered 1561. but he knew the difference. He could sepa- The White House can call this politics or rate himself from the positions of advocacy obstruction. But in fact it is Senators doing The PRESIDING OFFICER. Without and become a fair and impartial judge. So I their jobs. objection, the pending amendments have given my proxy right now to be carried I yield the floor. will be set aside and the clerk will re- out to vote yes for Judge Sutton. Mr. Mr. REID. Madam President, the rea- port. Estrada, on the other hand, did his best to The assistant legislative clerk read son I am not going to give a statement keep from putting himself on record on any as follows: issue of real substance. is because we have Members here on Quite frankly, there are options. One, re- the Senate floor today who could give The Senator from Ohio [Mr. DEWINE] pro- turn this nominee to the Judiciary Com- poses an amendment numbered 1561 to a long statement on the misfortune of amendment No. 1542. mittee for answers. The Senate deserves the Miguel Estrada. But we have been answers. Democratic nominees were asked asked by the two leaders to try to get Mr. DEWINE. Madam President, I ask by distinguished Republican Senators to an- unanimous consent that reading of the swer questions such as this, and they did. some votes lined up for tomorrow. We have a manager of the bill who has amendment be dispensed with. Even of those, many had judicial records. The PRESIDING OFFICER. Without Many had prolific writings. Many had been waiting. We have a Senator from objection, it is so ordered. speeches so that there were tools we could go New York who has been waiting. The amendment is as follows: to to understand what their thinking was. I just simply say before we go to the (Purpose: To provide funds to support grad- But in this case we have no speeches. We Senator from Ohio and the Senator have no writings. We have no record. There- uate medical education programs in chil- fore, the answers to the questions become ex- from New York, who have amendments dren’s hospitals) traordinarily dispositive. They also become to offer, that we have debated Miguel On page 61, between lines 14 and 15, insert meaningful to any Senator who wants to Estrada a lot. I don’t know how many the following: cast an informed vote. votes we have had—10 or 12—and not a SEC. ll. (a) IN GENERAL.—To carry out It is that simple. That is what this debate single vote was changed. programs to support graduate medical edu- is about. We cannot possibly fulfill our con- We can debate this ad infinitum. The cation programs in children’s hospitals stitutional duty to advise and consent to under section 340E of the Public Health Serv- nominees if we are not given the necessary fact is, Miguel Estrada didn’t respond to questions that we thought appro- ice Act (42 U.S.C. 256e et seq.), there are ap- information about the nominee. propriated a total of $305,000,000, including In a case where you have a critical circuit priate and didn’t divulge information amounts otherwise made available in this such as the DC Circuit, not only the plumb- in the form of memos from the Solici- Act for such programs. ing grounds for the U.S. Supreme Court, but tor’s Office. The reason he is different (b) OFFSET.—Amounts appropriated under handling environmental appeals, Superfund than some others who worked in that title III under the heading ‘‘Program Admin- appeals, wetlands appeals, OSHA appeals, all same office is because we got the full istration’’ shall be reduced by $15,000,000. kinds of administrative case law appeals, how this court is tilted becomes important information. Mr. DEWINE. Madam President, this to us, particularly if we take this job of con- For example, we reviewed Judge Rob- amendment would increase the amount firmation of nominees seriously. erts off and on for more than 10 years. of pediatric graduate medical edu- There is another option. That option is ap- So he and Miguel Estrada are totally cation funding to $305 million—up from point Miguel Estrada to a district court. different. the $290 million currently in the bill. Give him an opportunity to gain that record. The real victim in all of this is I remind my colleagues that a sense- He is 41 years old. He is younger than my Miguel Estrada. I acknowledge that by of-the-Senate amendment was attached daughter. Give him an opportunity to gain that record. Remember, this is a man who virtue of the fact that the White House to this year’s budget resolution which will serve for 30, 40, possibly even 50 years. It had the theory they were not going to indicated that children’s graduate is a lifetime appointment. We are entitled to allow questions nor submit informa- medical education should be funded at answers to these questions. tion from the Solicitor’s Office. $305 million.

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11101 This amendment would mirror the AMENDMENT NO. 1560 TO AMENDMENT NO. 1542 is so very valuable for a parent, anyone sense-of-the-Senate resolution which Mr. DEWINE. Madam President, I who has children. And certainly it is we have already adopted. That is all it now call up amendment No. 1560. not just for somebody with children. It would do. But I believe it is important The PRESIDING OFFICER. The is for anybody who is in a position to that we provide these additional dol- clerk will report. be around someone who has ingested lars. The assistant legislative clerk read something and they don’t know what it This funding for pediatric graduate as follows: is. medical education is truly a vital part The Senator from Ohio [Mr. DEWINE] pro- As anyone who has visited poison of our efforts to protect children’s poses an amendment numbered 1560 to control centers can tell you, it is also health in this country. amendment No. 1542. now particularly important in a day To date, children’s hospitals, though Mr. DEWINE. Madam President, I ask and age when we worry about ter- they represent only 1 percent of all unanimous consent that reading of the rorism. Poison control centers have a hospitals in the country, train 30 per- amendment be dispensed with. particular meaning for us today. cent of all pediatricians and 50 percent The PRESIDING OFFICER. Without With the funding in the bill, and with of all pediatric specialists. They also objection, it is so ordered. the additional funding that would be provide hospital care to almost 50 per- The amendment is as follows: provided by my amendment, we are not cent of all seriously ill children in this (Purpose: To provide funds to support poison just making an investment in poison country. control centers) control; rather, we are making it easier Furthermore, children’s hospitals On page 61, between lines 14 and 15, insert to keep our children, our friends, and serve as the health care safety net for the following: ourselves safe and healthier. low-income children in their respective SEC. ll. (a) IN GENERAL.—To provide I therefore urge my colleagues to communities and are often the sole re- funding for poison control centers under the support this very modest investment in gional providers of many critical pedi- Poison Control Enhancement and Awareness our health. And I might say, the Fed- atric services. Act (42 U.S.C. 14801 et seq.), there are appro- eral Government is only a small part- These children’s hospitals are often priated a total of $27,600,000, including ner in the poison control centers. When the only source of many pediatric spe- amounts otherwise made available in this you go and visit the poison control cen- cialty services, and it is their graduate Act for such centers. ters around the country, what you will (b) OFFSET.—Amounts appropriated under training programs that make these title III under the heading ‘‘Program Admin- find is that they are funded many services possible. Funding for pediatric istration’’ for building alterations and re- times by the local hospitals that pay graduate medical education helps pro- lated expenses for relocation shall be re- for them themselves. They are funded vide our Nation with highly qualified duced by $5,300,000. by State and local government units. pediatricians, pediatricians who can Mr. DEWINE. Madam President, the The money we provide is a small part properly treat and care for our children amendment I am now offering would of the overall money, but it is a very when they are sick. fully fund poison control centers at crucial and very important part of that Clearly, funding for GME in chil- $27.6 million. That is an increase of $5 contribution to keep these poison con- dren’s hospitals is a sound investment million from what the bill currently trol centers going. in children’s health and provides sta- funds at $22.3 million. This is a very modest amendment, bility for the future of the pediatric Members of the Senate, there are but it is a very important amendment. workforce. I urge my colleagues to join currently over 70 poison control cen- I urge my colleagues to support it me in providing this additional $15 mil- ters nationwide. These centers have when we do, in fact, vote on the amend- lion in funding for graduate medical fielded over 1 million phone calls since ment. education in children’s hospitals. Madam President, I ask unanimous January 2002, answering questions Anyone who has had the occasion to consent that this amendment be set about poisonings, drug abuse, product take their child to a children’s hos- aside. pital, as I have, and to see the magical contents, substance identification The PRESIDING OFFICER. Without work these children’s hospitals do, I interactions, and adverse reactions. objection, it is so ordered. They can answer questions and con- think can appreciate the need for this AMENDMENT NO. 1555 TO AMENDMENT NO. 1542 cerns about what would typically be amendment. To see the specialists de- Mr. DEWINE. Madam President, I call scend on your child when you are con- called poison products—things such as up amendment No. 1555. cerned about that child’s safety, maybe cleaners, bleaches, anything you would The PRESIDING OFFICER. The that child’s life, is just something you find in your home, any emergency a clerk will report the amendment. really cannot describe. family might face. This is the most The assistant legislative clerk read The children’s hospitals will tell you common poison exposure for children, as follows: that this graduate medical education children who typically ingest house- The Senator from Ohio [Mr. DEWINE] pro- money has been a lifesaver for them. It hold products such as cosmetics and poses an amendment numbered 1555 to is essential that we provide this money personal care products, cleaning sub- amendment No. 1542. through the appropriations process, stances, pain relievers, foreign bodies, Mr. DEWINE. Madam President, I ask frankly, because of a quirk in the law. and plants. unanimous consent that reading of the It is a quirk in the law that we have to Our Nation’s poison control centers amendment be dispensed with. do it through the appropriations proc- handle an average of one poison call The PRESIDING OFFICER. Without ess because they do not automatically every 15 seconds. Clearly, these centers objection, it is so ordered. get the money through the entitlement provide a vital service to the parents The amendment is as follows: process because, obviously, they do not and family members. (Purpose: To express the sense of the Senate serve many Medicare patients. So it The money we provide in this bill concerning the Pediatric Research Initia- does not come to them automatically, will go toward the continuation of the tive) as it does all the other hospitals in the centers’ work, as well as the mainte- On page 61, between lines 14 and 15, insert nance of the toll-free nationwide poi- the following: country. So every year we have to go SEC. ll. To demonstrate the appreciation through this process. son control hotline. That number, of that the Senate has for, and to further en- I am simply asking that the funds be course, is 1–800–222–1222. Let me repeat courage, the efforts of the Director of the increased to $305 million. It is the right that: 1–800–222–1222. That is a number National Institutes of Health in imple- thing to do. It is the proper thing to do. that anybody in this country now can menting the Pediatric Research Initiative I ask my colleagues to support this call. Wherever you are, if you are on under section 409D of the Public Health Serv- very simple amendment. vacation, if you are in your own home, ice Act, it is the sense of the Senate that— Madam President, I ask unanimous if you are visiting someone, you can (1) the Director should continue the Initia- pick up the phone and call that num- tive and emphasize the importance of pedi- consent that this amendment be set atric research, particularly translational re- aside for the time being. ber, and you will go onto a poison con- search; and The PRESIDING OFFICER (Ms. COL- trol hotline. (2) not later than January of 2004, the Di- LINS). Without objection, it is so or- I have used it. My daughter has used rector should continue to report to the Com- dered. it for her children. It is something that mittee on Health, Education, Labor, and

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11102 CONGRESSIONAL RECORD — SENATE September 4, 2003 Pensions of the Senate and the Committee (G) how the Initiative interfaces with the ground Railroad Education and Cul- on Energy and Commerce of the House of Off-Patent research fund of the National In- tural Act, a 1998 law that Senator COL- Representatives on the status of the Pedi- stitutes of Health; and LINS and I wrote together. The Under- atric Research Initiative, including— (H) any recommended modifications that ground Railroad Education and Cul- (A) the extent of the total funds obligated Congress should consider in the authority or to conduct or support pediatric research structure of the Initiative within the Na- tural Act was designed to assist in es- across the National Institutes of Health, in- tional Institutes of Health for the optimal tablishing programs to research, dis- cluding the specific support and research operation and success of the Initiative. play, interpret, and collect artifacts awards allocated by the Office of the Direc- Mr. DEWINE. Madam President, this and other items relating to the history tor through the Initiative; amendment is a sense-of-the-Senate of the underground railroad. The bill (B) the activities of the cross-institute amendment expressing the importance before us now has unfortunately zero- committee on pediatric research in assisting funded this program. I believe we must the Director in considering requests for new of pediatric research at NIH. Specifi- cally, this amendment says we should correct that. or expanded pediatric research to be funded Our amendment would provide $3 through the Initiative; continue the work of the Pediatric Re- (C) how the Director plans to budget dol- search Initiative. This is an effort I million for this program. As my col- lars toward the Initiative for fiscal year 2004; worked on with several of my col- leagues know, the history of the under- (D) the amount the Director has expended leagues and was included in the Chil- ground railroad is a vital part of the to implement the Initiative since the enact- dren’s Public Health Act of the year history of our great country. In the 20 ment of the Initiative; 2000. years or so prior to the Civil War, it is (E) the status of any research conducted as estimated—of course, no one will ever a result of the Initiative; This initiative helps ensure that more funds can be dedicated to chil- know what the true figure is—that (F) whether that research is translational more than 40,000 slaves used this under- research or clinical research; dren’s health research within the Na- (G) how the Initiative interfaces with the tional Institutes of Health. ground railroad, as we refer to it, as a Off-Patent research fund of the National In- Mr. SPECTER. Madam President, pathway to their ultimate freedom. It stitutes of Health; and will the Senator yield for a question? is a great story in the history of our (H) any recommended modifications that country. It is a great story every Mr. DEWINE. I yield. Congress should consider in the authority or schoolchild in America should know structure of the Initiative within the Na- Mr. SPECTER. Will the Senator from Ohio be willing to take a voice vote, at about. tional Institutes of Health for the optimal More than 150 underground railroad this point, accepting this amendment? operation and success of the Initiative. sites have been identified in my State E AMENDMENT NO. 1555, AS MODIFIED Mr. D WINE. I would be more than happy to do that. of Ohio alone. But Ohio is not unique. Mr. DEWINE. Madam President, fur- Mr. SPECTER. Madam President, I All the States that border along the ther, I ask unanimous consent that the urge adoption of the amendment. Ohio River and were actually consid- amendment be modified on page 2, line The PRESIDING OFFICER. If there ered to be border States have sites on 8, to include the Senate and House Ap- is no further debate, without objection, the underground railroad. There were propriations Committees. the amendment, as modified, is adopt- people all along on both sides who The PRESIDING OFFICER. Is there ed. helped slaves escape. African Ameri- objection? The amendment (No. 1555), as modi- cans helped slaves escape. White Amer- Without objection, it is so ordered. fied, was agreed to. icans helped slaves escape. There were The amendment, as modified, is as Mr. SPECTER. I thank my distin- so many heroes. Their stories need to be told. There follows: guished colleague from Ohio and I are many more other sites out there On page 61, between lines 14 and 15, insert thank the Chair. the following: that frankly need to be identified, and AMENDMENT NO. 1578 TO AMENDMENT NO. 1542 SEC. ll. To demonstrate the appreciation their stories need to be told as well. that the Senate has for, and to further en- Mr. DEWINE. Madam President, at These sites symbolize freedom for courage, the efforts of the Director of the this point I call up amendment No. thousands and thousands of enslaved National Institutes of Health in imple- 1578. Americans. When I visit these sites, as menting the Pediatric Research Initiative The PRESIDING OFFICER. Without I have with my family—in fact, I had under section 409D of the Public Health Serv- objection, the clerk will report the the opportunity this August during our ice Act, it is the sense of the Senate that— amendment. (1) the Director should continue the Initia- recess to visit several of them—it The assistant legislative clerk read makes me pause and think about the tive and emphasize the importance of pedi- as follows: atric research, particularly translational re- sacrifice that was made by so many search; and The Senator from Ohio [Mr. DEWINE], for people. It reminds us of the history of (2) not later than January of 2004, the Di- himself, Mr. ALEXANDER, Ms. STABENOW, Mr. this country. It reminds us of the hor- rector should continue to report to the Com- GRASSLEY, and Mr. VOINOVICH, proposes an ror of slavery, a part of our history mittee on Health, Education, Labor, and amendment numbered 1578 to amendment No. 1542. that simply has to be told. But it also Pensions of the Senate, the Committee on reminds us of the good part of that his- Energy and Commerce of the House of Rep- Mr. DEWINE. Madam President, I ask tory; that is, the sacrifice made by so resentatives, the Senate Committee on Ap- unanimous consent that reading of the many people so others could be free. propriations and the House Committee on amendment be dispensed with. Appropriations on the status of the Pediatric This program is very important. I The PRESIDING OFFICER. Without urge my colleagues to join me in sup- Research Initiative, including— objection, it is so ordered. (A) the extent of the total funds obligated port of this funding request. This fund- to conduct or support pediatric research The amendment is as follows: ing request will enable this story to be across the National Institutes of Health, in- (Purpose: To provide funding for the Under- told and told in a better way. cluding the specific support and research ground Railroad Education and Cultural Madam President, I ask unanimous awards allocated by the Office of the Direc- Program) consent at this point that the amend- tor through the Initiative; On page 74, line 1, strike ‘‘$409,863,000, of ment be set aside. (B) the activities of the cross-institute which $13,644,000’’ and insert ‘‘$406,863,000, of The PRESIDING OFFICER. Without committee on pediatric research in assisting which $10,644,000’’. the Director in considering requests for new On page 76, between lines 11 and 12, insert objection, it is so ordered. or expanded pediatric research to be funded the following: INTERNATIONAL HIV INITIATIVE through the Initiative; SEC. ll. For necessary expenses for the Mr. DEWINE. Madam President, I (C) how the Director plans to budget dol- Underground Railroad Education and Cul- will at some point, as I indicated this lars toward the Initiative for fiscal year 2004; tural Program, there are appropriated morning, be coming to the floor and of- (D) the amount the Director has expended $3,000,000. fering an amendment concerning Presi- to implement the Initiative since the enact- Mr. DEWINE. Madam President, the dent Bush’s International Mother and ment of the Initiative; (E) the status of any research conducted as amendment I offer now, along with Child Prevention of HIV initiative. As I a result of the Initiative; Senators ALEXANDER, STABENOW, indicated this morning, unfortunately (F) whether that research is translational GRASSLEY, and VOINOVICH, will provide the bill before us does fall short by $60 research or clinical research; $3 million in funding for the Under- million what the President requested.

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11103 The President requested $150 million in The amendment is as follows: dictable that we may have never en- regard to the amount of money to be (Purpose: To provide additional funding to countered before. provided for this initiative. I will be ensure an adequate bioterrorism prepared- The Bioterrorism Preparedness and talking about this later and will be of- ness workforce) Response Act that we passed in 2002 fering an amendment concerning it. On page 36, line 16, strike the period at the does help with workforce training, re- This is the most cost-effective way to end and insert ‘‘: Provided further, That the cruitment and development. But with save lives. amount $6,252,256,000 under the heading respect to what has occurred since 2002, ‘Health Resources and Services’ shall be we already know we have had increased A number of my colleagues went with deemed to be $6,272,256,000 of which the addi- Senator BILL FRIST to Africa. We re- tional $20,000,000 shall be available for car- demands on our public health system, turned just last week. We saw firsthand rying out sections 765 and 767 of the Public and we have insufficient resources to the good this program is already doing. Health Service Act: Provided further, That expand personnel or, as these recent re- For as little as $3, a pregnant woman the amount $4,588,671,000 under the heading ports I have referenced indicate, keep can be given the help, the drugs she ‘Disease Control, Research, and Training’ pace at current levels. needs to ensure that her child will not shall be deemed to be $4,631,871,000: Provided The CDC and other agencies need to be born HIV positive. further, That the amount $1,726,846,000 under do strategic planning. My amendment The statistics are staggering. For a the heading ‘Public Health and Social Serv- includes $5 million to fund an annual ices Emergency Fund’ shall be deemed to be mother who is HIV positive, the odds needs assessment, with a report to Con- $1,756,846,000: Provided further, That the gress, of Federal, State, and local bio- are approximately 30 percent that she, amount $1,116,156,000 under the heading ‘Pub- untreated, will give birth to a child lic Health and Social Services Emergency terrorism personnel, conducted by the who will be HIV positive. We all know Fund’ shall be deemed to be $1,146,156,000 Pro- Institute of Medicine or another com- what that means, what horrible trag- vided further, That the amount $6,895,199,000 petent and independent authority. edy that is. In countries we visited in section 305(a)(1) of this Act shall be But even while we are looking longer such as Namibia and South Africa, deemed to be $6,988,399,000: Provided further, term, we have immediate public health there are now ongoing programs. Many That the amount $6,783,301,000 in section needs right now. I know that, for exam- 305(a)(2) of this Act shall be deemed to be of them, because of the initiative of ple, in New York, two Centers for Pub- $6,690,101,000: Provided further, That of the lic Health Preparedness are located at President Bush and this Congress, are funds appropriated in this Act for the Na- good people working, reaching out to SUNY Albany and Columbia Univer- tional Institutes of Health, $93,200,000 shall sity. They have already trained 10,000 these pregnant mothers who are HIV not be available for obligation until Sep- positive. They have reduced that per- tember 30, 2004. people each year in bioterrorism pre- paredness. Many regions don’t have centage now down to 5 or 10 percent. If Mrs. CLINTON. Madam President, these centers of excellence, and we that mother can be given a drug prior this amendment is intended to provide have to figure out how we can get the to the birth of that child—as I said, it the money that is needed to ensure resources and personnel to every part now costs as little as $2, $3, maybe $4— that at the Federal, State, and local of our country. we can reduce the odds from 30 percent levels, we have an adequate bioter- According to the Association of to giving birth to a child who is HIV rorism workforce. In order to do that, Schools of Public Health Preparedness positive down to as little as 10 percent we have to fund the pipeline. and Prevention, the 19 nationwide Cen- This summer the Partnership for and possibly as low as 5 percent. ters of Public Health Preparedness That is why it is so very important Public Service issued a report stating have asked the administration for $50 that we restore the funding in this bill that 50 percent of our experts trained million—nearly double what the Presi- to the $150 million requested by Presi- to respond to a biological or chemical dent’s budget proposes. I think we dent Bush. I will be coming to the floor attack will retire over the next 5 years. should meet those requests, and my later on as we debate this bill and of- That puts our country and our public amendment would provide the funds to fering an amendment to restore the health at risk. do that. funding to the level President Bush re- Obviously, every one of us in this My amendment also provides funds, quested. I will be back on the floor body is committed to making our coun- in accordance with the recommenda- later on to do so. try safer and providing the bioter- tion of CDC’s own National Advisory I yield the floor. rorism funding we have fought for Committee on Children and Terrorism, The PRESIDING OFFICER. The Sen- since 9/11. And I appreciate the great to double the number of outbreak spe- ator from New York. support the Senate has given to in- cialists in the Epidemic Intelligence Mrs. CLINTON. Madam President, I creasing dollars to combat the threat Service. These EIS specialists are dis- commend and thank my colleague from of bioterrorism. But, unfortunately, patched to respond to epidemics and Ohio who is always looking out for the our frontline defenders, who are our bioterrorism. children. This has been a mission of health professionals, are decreasing in The resident expertise that we need his, year in and year out. I thank him number when we need them more than in State and local public health depart- for the amendments he has just dis- ever. ments is also crucial. My amendment cussed because every one of them con- According to the Office of Personnel would provide $25 million to the Epide- cerns the well-being of our children. I Management, more than 2,600 public miology Program Office, the National look forward to supporting these health professionals in the Federal Center for Infectious Diseases, and the amendments. I particularly thank the Government are eligible to retire in Public Health Practice Program Office Senator for amendment 1561 to restore 2008, and that number could soar to of the CDC to recruit and train 1,600 the money for pediatric graduate med- more than 8,000 in just the next few epidemiologists, 800 laboratory per- ical education. years. sonnel, 800 public health nurses, and AMENDMENT NO. 1565 TO AMENDMENT NO. 1542 Unfortunately, the shortage in per- 800 other public health professionals to Mrs. CLINTON. Madam President, I sonnel is not just Federal. It is already work in State and local public health ask unanimous consent that amend- being felt at the State and county lev- departments nationwide. ment 1565 be called up. els. In county after county in the pub- The Council of State and Territorial The PRESIDING OFFICER. Without lic health departments, I have been Epidemiologists estimates that State objection, the clerk will report. given reports that so many of the staff and local public health departments The assistant legislative clerk read members are being stretched thin and need to hire 1,600 epidemiologists over as follows: they are unable to do the work that is the next 10 years to prevent worsening The Senator from New York [Mrs. CLIN- required. If we don’t find ways to pro- shortages of State and local epi- TON] proposes an amendment numbered 1565 vide the resources to attract and pay demiologists. It costs about $60,000 to to amendment No. 1542. for these professionals, we are going to train a public health professional. This Mrs. CLINTON. Madam President, I be in a terrible dilemma not only if a proposal would spread that investment ask unanimous consent that reading of horrible event or some kind of biologi- over 10 years. the amendment be dispensed with. cal or chemical attack were to occur, Finally, the amendment also pro- The PRESIDING OFFICER. Without but even with the outbreak of some- vides $20 million for carrying out sec- objection, it is so ordered. thing like SARS, or something unpre- tions 765 through 769 of the Public

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11104 CONGRESSIONAL RECORD — SENATE September 4, 2003 Health Service Act to title VII to en- paredness that we have passed in this staff. The way the Senate functions is courage personnel to enter epidemi- body and funded since September 11. that these amendments come without ology and bioterrorism detection ca- I yield the floor. any significant advanced notice. The reers. The PRESIDING OFFICER. The Sen- Senator from New York was halfway Title VII has been decimated each of ator from Pennsylvania is recognized. through her argument before I got a the last 3 years. It has been a struggle Mr. SPECTER. Madam President, copy of her amendment. I challenge to keep it even flat-funded from year there is no doubt of the tremendous anybody to read the amendment and need for preparation for bioterrorism. to year. Unfortunately, the pipeline for follow it. epidemiologists and bioterrorism ex- During the recess month, I spent most Well, people can’t hear me on C– perts has suffered as a result. of it traveling through my State vis- I hope to be able to work this out iting first responders—essentially fire SPAN because my microphone wasn’t without the manager of the bill. I un- departments, in conjunction with po- on. derstand completely the many com- lice departments and other county or- The point was that we did get a sup- peting considerations he has to bal- ganizations that are being set up for plemental appropriations bill for ap- ance, but it is imperative that we start response to potential bioterrorist at- proximately $3 billion. We had quite an to meet these needs. If we pass this tacks. extended discussion in the living quar- When 9/11 struck, obviously, the U.S. amendment today and get the money ters of the White House—something I was totally unprepared. I think the in the pipeline, we can begin to train ranking member will recall that we probably ought not to talk about. But and hire the doctors, nurses, and other had to have the hearing in the bowels the President invited a group of us over public health professionals who are of this building because we were kicked and we got into a long discussion. going to be necessary for us to deal out of the other hearing rooms. We There were those in the administra- with whatever we face in the future. brought in the Centers for Disease Con- tion, according to an article published Unfortunately, terrorists or trol and insisted that they give us an a day after Thanksgiving, that wanted epidemics like SARS don’t wait while itemization of the various types of bio- to put it in next year’s budget. They the retirement notices are stacking up. logical attack, what resources were wanted to wait until 2002 to put it in I don’t think we should either. This $93 currently available, and what addi- 2003. million would be money well spent that tional resources we would need. Talking directly to the President, a would make us better prepared to deal We had a very tough time getting in- number of us prevailed and put $3 bil- with the incredible challenges that we formation from the Centers for Disease lion into the budget at that time. confront as we try to ensure that our Control by the time they went through vigilance and our concern is matched the alphabet soup. They had to get per- We now have a very extensive by the expertise we need to actually mission from HHS, and then Health itemization of funding. The CDC has deal with any problem that we may and Human Services had to get permis- $940 million for State and local pre- confront. sion from the Office of Management paredness. Upgrading CDC capacity: Madam President, I ask that this and Budget. Finally, we got the infor- $143,700,000. Pharmaceutical stockpile: amendment be supported, but I ask, mation informally. We could not get it $300 million. Smallpox vaccine—and it too, that we look for a way to deal with formally. We got it informally. goes down to a full page. I ask unani- this pipeline problem that is so critical I have just been handed talking mous consent that list be printed in to actually putting teeth into the pre- points and information and facts by my the RECORD so I need not read it all.

FY03 Transfers FY 2003 FY 2004 FY 2004 Activity Enacted .65% ATB to DHS Comparable Request Senate

CDC State and Local Preparedness ...... $940,000 $6,110 ...... $933,890 $940,000 $940,000 Upgrading CDC Capacity ...... 143,700 934 ¥584 142,182 143,700 143,700 Pharmaceutical Stockpile ...... 300,000 1,950 ¥298,050 0 Smallpox Vaccine ...... 100,000 650 ¥99,350 0 Anthrax Vaccine Research ...... 18,040 117 ...... 17,923 18,040 18,040 Planning for Preparedness Resp...... 10,700 70 ...... 10,630 10,416 10,416 Deterrence ...... 4,000 26 ...... 3,974 4,000 4,000 Public Health Preparedness Centers ...... 5,000 33 ...... 4,968 0 0 Health Alert Network ...... 0 ...... 0 0 0 CDC Security PHSSEF ...... 20,000 130 ...... 19,870 0 0 CDC Security (B&F non-add) ...... 0 ...... 0 0 0 Independent Studies ...... 2,000 13 ...... 1,987 0 0 Subtotal, CDC ...... 1,543,440 10,032 ¥397,984 1,135,424 1,116,156 1,116,156

HRSA Hospital Preparedness ...... 518,000 3,367 ...... 514,633 518,052 518,052 Education Incentives for Medical School Curriculum ...... 28,000 182 ...... 27,818 60,012 60,012 EMS for Children ...... 0 ...... 0 18,943 0 Poison Control ...... 0 ...... 0 21,166 0 Subtotal, HRSA ...... 546,000 3,549 ...... 542,451 618,173 578,064

OFFICE OF THE SECRETARY Transfers to DHS ...... 88,420 575 ¥87,845 0 0 0 Medical Research Corps ...... 10,000 65 ...... 9,935 10,000 10,000 Preparedness Planning ...... 6,800 44 ...... 6,756 6,800 6,800 Operations ...... 12,720 83 ...... 12,637 12,720 12,720 Advanced Research ...... 5,000 33 ...... 4,968 5,000 5,000 Command and Control ...... 0 ...... 0 0 0 National Security Early Warning ...... 9,500 62 ...... 9,438 9,500 9,500 Secretary’s Emergency Response Team ...... 3,000 20 ...... 2,981 3,000 3,000 Media/Public Information ...... 4,800 31 ...... 4,769 4,800 4,800 Commissioned Corps Revitalization ...... 2,000 13 ...... 1,987 0 0 CyberSecurity ...... 10,000 65 ...... 9,935 10,000 10,000 Subtotal, OS ...... 152,240 990 ¥87,845 63,405 61,820 61,820 CDC—Supplemental ...... 142,000 0 0 SAMHSA ...... 0 ...... 0 0 0 AHRQ ...... 5,000 33 ...... 4,968 0 0 Pandemic Flu ...... 0 ...... 0 100,000 100,000

Subtotal, Bioterrorism—PHSSEF ...... 2,246,,680 14,603 ¥485,829 1,888,247 1,896,149 1,856,040

Mr. SPECTER. Madam President, with some $29 million, which covers a I appreciate the initiative taken by then the Department of Homeland Se- great deal more funding. the Senator from New York and her curity bill was passed by this body diligence in coming up with this

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11105 amendment in an area which, beyond gestion made by the Senator from New very important item, but the fact is we any question, is of overwhelming im- York to take a look at them regardless now have a grand total in the Labor- portance, critical importance. I, frank- of the outcome of the vote. It may be HHS bill directed toward AIDS in ex- ly, do not know how to evaluate her re- that the executive branch can learn cess of $14 billion. When the statement quest for $93 million additional in the from what the Senator from New York is made we are just going to bring it context of all of the programs which has found on her inquiries and can redi- back up to the President’s request, in are in existence. rect some of the existing funds, or it is fiscal year 2003, this was a $40 million I think it is fair to state, and I think possible we could find some accommo- item. The President asked for $150 mil- the Senator from New York has an dation to this in the course of the con- lion for this year, and we found $90 mil- abundance of experience in the execu- ference. lion to accommodate. tive branch, that the executive branch We will look very closely at the sug- Bear in mind that we do this in a has better planning capabilities in in- gestions which the Senator from New context where the administration has tegrating these items in the overall York has made and see if we can find a come in on many items far under what program. Not that the $93 million way to accommodate them. they were last year. For example, grad- might not be well placed, well posi- AMENDMENT NOS. 1561, 1560, AND 1578 uate medical education, to which the tioned and critical. It might be, I just Mr. SPECTER. Madam President, I Senator from Ohio wants to add $15 cannot say. But I do know there has wish to turn for a few moments to the million, we added $90 million over what been extensive consideration by the ex- amendments offered by the Senator the President requested. So perhaps ecutive branch, and I also know that from Ohio. I did not take time to re- the Senator from Ohio would like us to the $93 million is not within the 302(b) spond before the Senator from New go back to the President’s request on allocation. York offered her amendment. She was graduate medical education, and we I come back to this again and again very patient in waiting while the Sen- would have ample money to put in $60 on items which I concede are impor- ator from Ohio went through quite a million more to bring it up to the tant, but we do not have the funds long list of his amendments. President’s request on the mother-to- within the budget resolution and with- He has offered three amendments child transmission. in the allocation. which are well directed and I think I say that only by way of dem- I know the Senator from New York meritorious when he talks about the onstrating that it is just not so easy to will not be surprised that there will be historical impact of the underground come up to the President’s request on a opposition to it. We will raise a point railroad. That is a matter of impor- given item when many times the Presi- of order. But I do think the amendment tance in education and it comes right dent’s request was far under what we serves a very useful function in identi- into Pennsylvania where currently the are at the present time. The idea of fying what the Senator from New York development project in Lancaster has level funding is very important in the thinks are critical points that ought to found remnants of the underground appropriations process so you do not be funded. I commit this to the Senator from railroad. The House of Representatives make drastic changes. People can live New York—to have a hearing on the has put in $2.235 million. with what they got last year without When the Senator from Ohio talks subject and to include the precise accounting for inflation, but if you items which she has raised so that we about poison control centers for $5 mil- want to drop, as the President’s budget will take them into account in our lion, again he is on a good point. And did on graduate medical education, funding stream as we move into the when he talks about graduate medical from $290 million to $199 million, that next fiscal year. education, he is not bringing it up to is going to be very tough to absorb. We Mrs. CLINTON. Madam President, last year’s level, he is adding money. took that into account. will the Senator from Pennsylvania This is an item which this Senator The Constitution places the appro- yield? spent a lot of time on, as did Senator priations process in the Congress. That Mr. SPECTER. I do. HARKIN. There was no funding for this is something which is frequently over- The PRESIDING OFFICER. The Sen- in 1999, and in the year 2000, to start, it looked. ator from New York. was slightly under $40 million, and The President obviously has an im- Mrs. CLINTON. Madam President, I then when I chaired the subcommittee, portant role because he has to sign the wish to express my appreciation to the with the concurrence of Senator HAR- bill, or we have to pass them without chairman for that offer. Perhaps even KIN, we made an enormous increase to his signature, if we can do that. before the bill is totally wrapped up we $234 million for fiscal year 2001. This bill is very carefully crafted. could take a look at some of those cat- We then added $50 million in 2002 to Perhaps it is easy to see that I have to egories of funding because what I am $284 million, and it was at $290 million oppose the amendments by the Senator concerned about, as the Senator right- in 2003. The administration made a re- from Ohio. Perhaps there can be some ly referenced, is in all of the funding quest for slightly under $200 million, accommodation to some of the smaller categories, these requests I have put in and in a tough way we found $90 mil- amounts but that, too, is difficult. Al- this amendment are coming from con- lion more. though the Senator from Wisconsin stituent agencies, such as CDC, that at When you take them out of adminis- said a million dollars was not very least believe at this point in time that tration, there are going to be a lot of much money, quoting Everett Dirksen, the money available for bioterrorism people unemployed, and I do not know a million here and million there— has not been sufficiently targeted to that we can direct that unemployment maybe Everett Dirksen said a billion this personnel issue. solely to Ohio—I wish the Senator from here or a billion there, but if for Dirk- I appreciate not only the kind offer Ohio were here—if it would be possible sen it was a billion here and a billion of a hearing, because I think this is an to target that unemployment to the there, then make it ARLEN SPECTER, a issue that is going to go on for quite Senator’s State. But if you take out $22 million here and a million there, it all some time—it is not going to be re- million from administration—that is a adds up. solved one way or another even if this nice fat target to say take it out from I yield to my colleague from Iowa. amendment were successful—but also administration. But there are very sub- Mr. HARKIN. I thank my chairman, perhaps in the next several days if our stantial impacts when that money is friend and able leader on this appro- staffs can look to see if there is a bet- taken out. priations bill. I think we all wish we ter opportunity to better target some I am going to confer with the Sec- had a little bit more 302(b) allocation of this funding to deal with this pipe- retary of the Department of Education but that is for another time and place. line professional problem that is not to see exactly what will happen, how Earlier today I spoke about offering only at the Federal Government level, many people will be affected, speci- an amendment that would basically but State and local as well. fying perhaps how many people from prohibit the administration from mov- The PRESIDING OFFICER. The Sen- Ohio will be affected. ing ahead on implementing a proposed ator from Pennsylvania. When the Senator from Ohio wants rule that would basically undermine Mr. SPECTER. Madam President, I to add $60 million to the mother-to- and do away with the 40-hour work- would be delighted to follow the sug- child transmission, I think that is a week that we have had in the Fair

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11106 CONGRESSIONAL RECORD — SENATE September 4, 2003 Labor Standards Act since 1938. Earlier Again, I do not want to take too have to say no to. We have to make this spring, the administration pro- much more time. I will lay down the sure we continue to protect and en- posed some rule changes. Not one hear- amendment tomorrow morning at the hance the 40-hour workweek and make ing was held on it. appropriate time. For the life of me, sure people who work over 40 hours, if As we looked through these proposed though, I cannot understand why the they want to work over 40 hours or if rules this summer and dug into them, administration is proposing this dras- they are compelled to work over 40 it would drastically undermine the tic change when there has been no big hours, are justly compensated with it ability of working families, working groundswell for the change. for time and a half over 40 hours. men and women in America, to get I have heard some people in this I yield the floor. justly compensated for overtime work room say we have to change it because Mrs. FEINSTEIN. Madam President, in the future. it has not been changed since 1938. I plan to offer an amendment to the fis- I was talking to one of my colleagues That is nonsense. We have changed the cal year 2004 Labor-HHS appropriations today about this, and he said to me, I Fair Labor Standards Act several bill that seeks to offer States an alter- have not really had a big clamor in my times since 1938. In fact, a number of native Medicaid FMAP formula while State for these changes. I got to think- times this has been changed without allowing States to remain in the cur- ing about it. I got to thinking I really taking away overtime for people in our rent formula structure if they choose. have not had anybody in the past year country. So to say it has not been This amendment is vital to providing or 2 years ago, or earlier this year—I changed since 1938 is simply erroneous. some relief to States who have been have seen no real groundswell or any- A number of times we have addressed shortchanged by hundreds of millions thing about the fact that these rules as ourselves to new types of work, new of dollars under the current FMAP for- they exist now need to be changed. I do definitions, new people in the work- mula for the cost of providing Medicaid not know where this comes from. All of services. The amendment will not pe- a sudden they are proposing this mas- force, by changing some of the defini- nalize any State who wishes to remain sive change in the way people’s work is tions. In every case in which these defi- under the current formula. It simply defined in this country and whether nitions were changed they were allows States to opt into a new formula they are exempted from overtime pay changed to make it easier, to include that better reflects States’ need. This or not. more people in the overtime provi- So I have an amendment that I draft- sions, not to exclude people. new FMAP is only for Medicaid ex- ed that basically is just very simple. It For example, the Department of penditures in excess of fiscal year 2003 says: Labor revised the overtime regulations Medicaid expenditure levels. For States who opt to go with the None of the funds provided under this Act in 1940, 1949, 1954, 1958, 1959, 1961, 1963, shall be used to promulgate or implement 1967, 1970, 1973, 1975, and 1981. In not one new formula, per capita income is re- any regulation that exempts from the re- of those instances was the framework placed with a ratio of the most recent quirements of section 7 of the Fair Labor narrowed to exclude more people from 3-year averages of total taxable re- Standards Act of 1938 (29 U.S.C. 207) any em- overtime protections. These changes sources, TTR, as determined by the ployee who is not otherwise exempted pursu- were made basically to enlarge, en- U.S. Department of the Treasury, and ant to regulations under section 13 of such hance, and to better define who was persons below the poverty level. The act (29 U.S.C. 213) that were in effect as of multiplier is also lowered from 0.45, September 3, 2003. covered, and that is why it never really invoked much debate or consternation used in the current FMAP formula, to So this is an amendment that I will because we recognized that we wanted 0.40. For the period 2004–2013, the new be laying down sometime tomorrow. I formula has a maximum increase of mention again that this proposed rule to protect people for overtime pay. The minimum salary threshold has one percentage point per fiscal year change could affect up to 8 million been raised seven times since 1938. So above the current FMAP formula for workers, but the first wave of people the prior year. Once a State opts to go that will be affected by this rule to say that somehow we have never with the new formula, they will not be change will be women who are working touched this since 1938 is absolutely able to switch back to the current in salaried positions that today would wrong. What is correct is that since be paid overtime if they worked more 1938 we have not circumscribed, we FMAP formula. However, they will be than 40 hours a week. These would be have not narrowed, the definitional held harmless at the FMAP rate they women who work as bookkeepers, ac- framework to exclude more people would have gotten under the current countants, secretaries, nurses, nurse’s from overtime pay. formula, prior to the Jobs and Growth aides, a whole host of different occupa- That is what these proposed regula- Tax Relief Reconciliation Act of 2003, tions. I say women because the way tions would do, and that is why the for the current year. States opting for that theworkforce is structured, where Senate has to speak strongly, I hope the new formula will have Medicaid ex- the salary level is, they will fall in that next week sometime, in supporting this penditures, up to the fiscal 2003 levels, lower spectrum of salary level where it amendment that would basically pro- matched at the current FMAP formula will be above the minimum but it will hibit them from moving ahead with and with expenditures above the fiscal be in the range where they will now be this kind of a regulation. 2003 levels matched at the new formula exempted from overtime work. That I would point out that the House of FMAP. will be the first wave. That is just the Representatives narrowly defeated this In a study released in July 2003, GAO first people who would be affected by 213 to 210, with a number of Repub- found that the formula used to cal- it. licans supporting not allowing the ad- culate the portion of each State’s Med- After that, there would be many ministration to proceed with these icaid expenditures that the Federal other people affected by it—police offi- changes in rules. So, again, I hope next Government will pay—the FMAP— cers, firefighters, first responders, and week we can have a further debate. I often widens the gap between indi- others. intend either tomorrow or Monday to vidual States and the national average. There is no carve-out in the proposed again point out the people who are Under the current formula, 21 States rules and regulations for police, fire- going to be affected, what it means for move farther from the average State’s fighters, and emergency personnel. their families and their income. What funding ability after the Federal match They are thrown in with everybody it basically means is that we are going is added. In fact, 4 of the 21 States— else. So somehow I keep hearing this to have people working longer hours California, Florida, Hawaii, and New kind of a rumor or statement that but they are not going to be com- York—have below-average funding keeps floating around that, oh, police pensated for it. ability before Federal matching is officers will not be affected. As I said, many of them are women added and move farther below the aver- Well, would someone show me in the who are now paying for childcare. Well, age after Federal matching aid is proposed rules where it says that police now they have to pay to keep their added. officers will not be affected? It is no- children in daycare maybe longer but Since Medicaid was enacted in 1965, where in there. So I do not know what they do not get any extra pay for that. the Federal match rate has been deter- they are talking about. They are So that is why this proposed change mined by a State’s per capital income. thrown in with everybody else. in rules and regulations is one that we In its study, GAO found that per capita

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11107 income is a poor proxy for determining of liberal law professors, including served by far the great majority of his both State resources and the low-in- Lawrence Tribe, Cass Sunstein, Marcia time in the Clinton Department of Jus- come population. The Feinstein Greenberg. These liberal professors tice and was given each year the high- amendment will give States the option they talked of changing the ground est possible ratings. Since then, he has to choose a formula that is based on a rules for confirmation and Democrat been highly successful in law practice. combination of the State’s total tax- Senators decided to change the historic He has argued as many as 10 or 15 cases able resources and population below rules of this Senate and block more before the Supreme Court. Most law- the poverty level. nominees. yers in America will never argue a case The PRESIDING OFFICER. The Sen- Of course, President Bush nominated before the United States Court of Ap- ator from Alabama. nine judicial candidates when he took peals, much less have 15 cases before f office. Two were Democrats. One was a the Supreme Court. He was selected for renomination of a Clinton nominee, a those arguments because he was known MIGUEL ESTRADA Democrat, and the renominated Clin- to be an extraordinarily skilled appel- Mr. SESSIONS. Madam President, it ton nominee was promptly confirmed. late lawyer. is a sad day for the Senate today. Nine out of the 11 sat. The Democrats I saw his testimony. He was open and Miguel Estrada, after having been nom- had the majority in the Senate and candid and brilliant in his answers. I inated by the President to the Court of they refused to bring those candidates remember one Senator tried to pin him Appeals of the DC Circuit, after having up for hearing in the Judiciary Com- down and said, you are a strict con- waited 28 months, almost 21⁄2 years, felt mittee. structionist, aren’t you? Mr. Estrada it imperative that he get on about his Finally, when the election occurred said, I am not sure I would call myself private business, his law practice. He and one of the issues in the election that. And he said, the President wants has asked the President to withdraw was the obstructionism in the Senate to nominate strict constructionists and his name. It is with great sadness that by the Democratic majority and a new President Bush has nominated you so occurred. majority was constituted with the Re- you must be one. First, he said, the For many in this body, Miguel publicans in the majority, they moved President didn’t say anything to me Estrada is one of the finest nominees some of these nominees forward. about that, but I would call myself a to come before this Senate. The Amer- Estrada was moved out of committee, fair constructionist. I believe we ought ican Bar Association evaluated him. Priscilla Owen and others were moved to fairly construe the law as it comes This is certainly no rightwing group. forward. We then found ourselves fac- before us. I don’t use the word strict They evaluated him and unanimously ing for the first time in history a fili- constructionist. He was open and can- concluded he was well qualified for the buster of Miguel Estrada. did with the people asking questions. Court of Appeals. Indeed, he is. Let me mention some things about Then there was constructed an event The sad thing about it was the this extraordinary nominee. He was and a circumstance that put Mr. ground rules of Senate confirmation born in Honduras and came here as a Estrada in a bad light. It was delib- have been changed. Miguel Estrada was teenager. He struggled with the lan- erate and premeditated and calculated, a victim of a sustained filibuster. It guage. He was able to get himself into in my view. The Democrat said, well, was for the first time in history that a Columbia University where he finished you served on the staff of the Solicitor sustained filibuster had defeated a cir- and graduated with honors. He then General and you wrote all kinds of cuit or district court judge. He was the went to Harvard Law School where he memoranda that were relevant to im- first one subjected to a filibuster in was an editor of the Harvard Law Re- portant issues before America. We de- this Congress. He is the first one to be view, one of the highest honors for any mand you produce every memoranda forced to withdraw because he has to graduating law senior. He then clerked you wrote while you were in the Solic- get on with his life. And he had 55 votes for the Court of Appeals, the same level itor General’s Office. And he answered in the Senate for an up-or-down vote court he was nominated to. He served this exactly correctly, but I am not and a like number, I am sure, for con- as a law clerk to a Court of Appeals sure the American people and the press firmation. judge in New York, as I recall, and and those who asked questions paid at- For the first time, 45 Senators have then clerked for the Supreme Court. tention to his answer. His answer was, blocked and defeated a nominee. This Very few lawyers ever get selected to Senator, those are not my papers. I was is an unprecedented change in our Sen- clerk for a Justice of the United States a lawyer in a law firm of the Depart- ate policy. It is something that is not Supreme Court. What a great honor. He ment of Justice. The papers I prepared good for this Senate. It has diminished was selected by Justice Anthony Ken- belong to the Department of Justice. I the independence of the judiciary. It nedy, one of the moderate swing jus- do not have the power to reveal to the has diminished the power of the execu- tices in the Supreme Court, as he is public such private, legal memorandum tive branch to nominate and it has viewed. from my client, the United States of harmed the Senate when we change the After that, he took a position with America. historical rule from 50 votes to 60 votes the Department of Justice and he was So the question was, then, well, let’s for a confirmation. It is not good pub- in the Solicitor General’s Office of the have the Department of Justice lic policy. Department of Justice. The Solicitor produce them. And the Department of I ask why it is that this Senate, for General’s Office is where the Depart- Justice was absolutely correct in say- all these years since the founding of ment of Justice has the top appellate ing unequivocally, no, we are not going this Republic, has not had a filibuster lawyers arguing the position of the to produce those documents. The rea- for one of these nominees? The reason United States of America in circuit son is that those are confidential, in- is pretty clear. The Senators believe courts and in the United States Su- ternal memoranda of the U.S. Govern- the Constitution suggests confirmation preme Court. What a great position. ment involving litigation in cases in should be by majority vote. For exam- Most lawyers say the Solicitor General the United States. ple, the Constitution says the Senate of the United States is the greatest In fact, it outraged former Solicitors shall advise and consent on treaties lawyer position in the world. Every day General of the United States of both provided two-thirds agree and shall ad- you go to court and represent the parties. All four former Solicitors Gen- vise and consent on certain nominees, United States of America in the high- eral of the United States who had including judges. From that implica- est court in the land. served under Democrat administra- tion it is clear that two-thirds were re- Miguel Estrada was there for 6 years. tions wrote a letter that the Depart- quired for advice and consent on trea- Every year he was there he got the ment of Justice should not reveal those ties but only a majority for the judicial highest possible rating the Department memoranda, that it was work product nominees. That is what we have done of Justice evaluators give to an em- and would chill free debate by young until this year. This plan to block ployee. This is particularly important lawyers who were asked to submit nominees was designed after President to note. In 5 of the 6 years he was in written memoranda. And every other Bush was elected and the Democrat the Solicitor General’s Office, it was in Solicitor General I know of, who is Senators had a retreat with a number the Clinton Department of Justice. He alive, Republican and Democrat,

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11108 CONGRESSIONAL RECORD — SENATE September 4, 2003 agreed that the Department of Justice dural technique of a filibuster that was committed his life to. And that is why should not produce them. never before used on a circuit judge in they don’t like him. It will mess up the So now we have this viewed as Mr. the history of this country. It is just game where people want the courts to Estrada wasn’t open with the com- really sad that that has occurred. do for them what they cannot win at mittee because he wouldn’t produce all Let me just say this finally. Presi- the ballot box with elected representa- these documents. How bogus can that dent Bush wants judges on the bench tives. be? That is really unfortunate, that who follow the law. He wants judges on Now we have Priscilla Owen, also Members of this Senate would actually the bench who care about the law, who under filibuster. She made the highest suggest that Mr. Estrada somehow has believe they are not postmodernist rel- possible score on the Texas bar exam, the authority and should, even if he did ativists. He believes we have judges was one of the greatest lawyers in have the authority, produce and turn who can read words and give those Texas, was elected this last time to the over to the public documents that re- words plain meaning and follow those Texas Supreme Court with 87 percent main part of the work product of the words. That is what a judge should do. of the vote, and is serving her second Department of Justice. It would be un- A judge is not empowered to make law. term, endorsed by every major news- ethical for him to do so. He should not A judge is not empowered to impose paper in the State of Texas. She was do so. their political views or to set public rated unanimously well qualified by So that is how we got into this, I sup- policy. That is not what a judge does. the American Bar Association. And pose. But surely that is not a basis to A judge rules on the law. they are filibustering her? turn down a nominee of this extraor- Make no mistake, a Federal judge is I will tell you something else. Pris- dinary ability. Why would they pick on a lifetime appointment. They are not cilla Owen is quite capable of serving him? Why would they construct this able to be voted out of office, as we can on the U.S. Supreme Court. Is that why idea that he is somehow unqualified? It if we pass a bad law. We can be voted they are picking on her? And Bill really baffles me. It is a matter I find out of office. We are subject to the will Pryor, the attorney general of Ala- difficult to fathom. of the public. But a judge is not. So bama, whom I know and have seen op- But I would just share a few things what we want in a judge is one who fol- erate, one of the finest, most brilliant that strike me. Yes, he was a Hispanic. lows the law and has the history and people I have known. I have never met Does that mean Democratic Members the discipline to show that he or she a person who has more commitment to of this body are prejudiced against His- will follow the law. Miguel Estrada has the rule of law, doing the right thing, panics? I hope not. I would never ac- that. In fact, that is his guiding legal evaluating matters on a legal basis, cuse them of that and don’t believe philosophy, that a judge should show and doing what the law says regardless that is so. What I do believe is that restraint, should follow the law and do of politics, which is why he has, for ex- President Bush had made clear that he the right thing, whether they agree ample, the support of most of the would like to give Hispanics an oppor- with it or not. That is what we need. Democrats in leadership in the State. tunity to be judges and he would like Now we have judges who have de- He has the support of four of the very to see a Hispanic on the Supreme Court clared the California three strikes law top African-American leaders in the of the United States. He made that unconstitutional. They have been in ef- State, including Joe Reed, a member of clear. Everybody knows he would like fect for 20 years and no doubt are a the Democratic National Committee to see that occur, if possible. major factor in the plummeting of and vice president of the Teachers Here we were, 21⁄2 years ago, nomi- crime rates in California and other Union, Alvin Holmes, one of the most nating one of the most brilliant His- States that had those laws. They are outspoken African Americans in the panic lawyers, one of the most brilliant helping to reduce crime there. So we State legislature, Congressman ARTUR lawyers in America of any background, have Federal judges saying that is un- DAVIS, and Chris McNair, former coun- Miguel Estrada. He was nominated, and constitutional. ty commissioner in the State’s largest had he been confirmed back then as he We have a Federal judge in the Ninth county and whose daughter was killed should have been according to the Circuit saying the Pledge of Allegiance in that tragic church bombing event American Bar Association, rating him is unconstitutional. many years ago. unanimously well qualified, their high- We have Federal judges just recently Those are the kinds of people who est qualifications, well qualified; he overturning 170 death penalty matters support Bill Pryor. He was editor in would had already had 21⁄2 years of ex- after juries and judges and appellate chief of the Tulane Law Review—a bril- perience writing opinions, proving his courts have ruled on them. They just liant lawyer of the highest possible skill and ability. At that point, I sub- blithely come in and say: We don’t like ethics and integrity, a man of deep re- mit, he would clearly be one of the pre- the way you do this now, and we are ligious faith, a man who has proven eminent nominees under consideration just going to wipe out those death pen- that he will follow the law regardless for appointment to the U.S. Supreme alty decisions. of what his personal beliefs are and has Court. This is the quality of this man. We have bizarre verdicts on litiga- handled himself again in recent days in So, he has been denied an oppor- tion. Everybody knows about the coffee a very difficult situation involving the tunity to achieve a prestigious ap- case and other things. chief justice of the State of Alabama pointment to the court of appeals, and We are having hearings now on asbes- and the Ten Commandants. He has ago- that has in fact denied him the oppor- tos. The litigation over asbestos has nized over it. I know. tunity to again prove his excellent in- gotten completely out of hand. What is He has studied the law and he simply tegrity, legal skill, and ability on that occurring there is one of the saddest has done what Bill Pryor has always bench. And, who knows, maybe that is eras in legal history, in my view. Only done. He has followed the law regard- why some of those thought he would be 40 percent of the money paid out by the less of what people may say about it. a perfect nominee for the bench and asbestos companies is getting to the That is his life. That is what he be- they would just block him now. If that victims. What a horrible stain on the lieves in. And that is what he will do if is so, that is wrong and should not have legal system in America. We cannot de- he is put on the bench. You can’t find occurred. I am very frustrated about it. fend that. These kinds of things impact a person in America better qualified. I would also, just one more time, the American economy. They drive up These filibusters unprecedented in note that he had a majority of the the cost of insurance. They drive up the history of this Senate. Members of this Senate prepared to the cost of doing business. No nation in It is a very sad day that we are here vote to confirm him—55 votes he had. the world has the legal costs on their today to see the success of the first fili- Prior to this year, throughout the his- economy that this country has. buster of a circuit judge in history—to tory of this country, that would have So we need judges with common be successful with the withdrawal of confirmed him easily to this position. sense. We need judges who will follow Miguel Estrada. What a sad, sad day. So it was by a filibuster. We voted clo- the law. We need judges who show fi- This Senate needs to think through ture I think six, seven, eight times to delity to the rule of law. That is what what we have done. This knife can cut try to get him up for an up-or-down President Bush wants. That is what both ways. We do not need to establish vote, blocked each time by the proce- Miguel Estrada is. That is what he has this as a policy of this Senate.

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11109 I urge my colleagues to reevaluate HONORING GENERAL RAYMOND G. feared the unit had been overrun. Then what they have been doing and not to DAVIS came word from his radio operator: continue down this road because it is Mr. MILLER. Madam President, I Colonel, he announced, we have Cap- not going to go away lightly. Those on rise today to reflect on the life of a tain Barber on the radio. this side will use that same knife and great American, a legendary marine, As the two officers talked, still hun- use those same tactics in the future. and a native Georgian. I refer to GEN dreds of yards apart, both fought back We are not going to go away quietly on Raymond G. Davis, who passed away tears. Late in the morning, Davis’s bat- this when we see nominees of this abil- yesterday in Georgia at the age of 88. talion arrived atop Fox Hill. The Chi- ity and of this character and integ- General Davis was one of this coun- nese had lost the battle for Toktong rity—with sound judicial philosophies try’s greatest military heroes. He cou- Pass. that believe in following the law and rageously served his country as a ma- not using the bench as a forum for a rine in World War II, in Korea, and in Within hours, two marine battalions personal agenda. Vietnam during his 33 years of military were moving through the pass away I conclude by expressing my appre- service. General Davis was a noble vet- from the Frozen Chosin. Many icy ciation to Miguel Estrada for offering eran, tireless advocate, and distin- miles and more bitter fighting lay himself in service. I hope he will have guished recipient of the Medal of ahead before the marines reached the an opportunity in the future to serve Honor. port, but the stand at Toktong Pass this country which he has adopted in I know we have a lot of very impor- had opened the way. some other capacity—maybe even in tant things going on in this Chamber In 5 days, Fox Company had killed this capacity in the future. He cer- today, but I don’t think it is too much 1,000 of the enemy. Only 82 of the 220 tainly is qualified. He would make a to take 3 or 4 minutes to remember one marines were able to walk off that hill. great judge at any number of levels. of the great battles in military history In 2 weeks, the first marine division My respect for him after watching him and the role this man played in it. I moved over icy roads and ridges testify and after seeing how he handled refer to the Chosin Reservoir in Korea, through eight Chinese divisions. The this difficult time has only increased. known as the Frozen Chosin. In the Americans brought out all their I thank the President. I yield the biggest shock of the war, 300,000 Chi- wounded, their dead, and the equip- floor. nese Communist soldiers crossed the ment. On the way, they killed 25,000 of The PRESIDING OFFICER. The Yalu River from China into North the enemy. The marines lost 730 of Democratic whip. Korea and trapped 8,000 members of the their numbers. Mr. REID. Madam President, I echo first marine division at the Chosin Res- Such is the legacy of GEN Raymond the statement I made earlier today fol- ervoir. There was only one way out, an Davis and those brave marines. General lowing the statement by Senator icy road that twisted around steep Davis received the Medal of Honor, a ALLEN with simply this caveat: I would mountains. If the Chinese gained con- symbol of unusual human courage say that statement is totally accurate trol of it, all of the marines would be above and beyond the call of duty for with the exception of the fact that we annihilated. his valiant efforts during the war. Over now have approved an additional judge. Then LTC Raymond Davis was a 35- 1 million Americans served in Korea, Now the record stands at 146 judges year-old Georgia Tech graduate with and 131 of those were named recipients approved during President Bush’s Pres- already two Silver Stars for heroism in of the Medal of Honor. After the gen- idency, and 3 have been rejected. One- Korea, and the Navy Cross, our second eral’s passing, only 36 of them live to hundred and forty-six to three is not a highest award, for gallantry at Peleiu. wear it today. That medal is a tribute bad record. He commanded a battalion of ma- to perhaps the only thing truly noble The PRESIDING OFFICER. The Sen- rines faced with an impossible task: to in the horror of war. ator from Alabama. get the marines on Fox Hill linked up Mr. SESSIONS. Madam President, I with them or the thousands would be Although General Davis earned this would add that during the 8 years trapped at the reservoir and would be Nation’s highest military honor for President Clinton was President, 377 doomed. valor while on active duty, his service judges were confirmed. This Senate That afternoon, at 24-below-zero to the country was far from over. Over voted down only one. Most of the time weather, the battalion began strug- the last 30 years, in a civilian capacity, the Republicans were in the majority gling up the side of a steep ridge. General Davis has continued to lead in and we did not vote down his nominees. Davis’s men climbed 1,000 yards before ways that few other Americans could Forty-one were left pending when the Chinese opened up. The marines match. Since his retirement, General President Clinton left office. There kept clawing their way, inch by inch, Davis became a pillar of the commu- were 54 left pending when former Presi- up the icy slopes. They battled enemy nity, working diligently on behalf of dent Bush left office. soldiers who seemed tucked into every all of our Nation’s veterans. crevice. Atop the first ridge, the men’s But anyway, I know we can talk Beginning in 1987, first as vice chair- sweat froze on their eyebrows and about that off and on. But I did want to man and then later as chairman, Gen- beards. They put their wounded on make that point. eral Davis was the one who directed stretchers and pushed on. The men rose the efforts of the Korean War Veterans and trudged toward still another ridge. f Memorial Advisory Board, and it was All along, snipers picked at the slow his determination and personal initia- exposed line, but there was no time for MORNING BUSINESS tive that led to the approval of the Ko- the marines to stop and fire back. They rean War Veterans Memorial design Mr. SESSIONS. Madam President, I went downhill by sliding on the ice. and its construction and finally its ask unanimous consent that there now Davis was so numb that three times he dedication in July of 1995. be a period of morning business. forgot a compass reading taken only The PRESIDING OFFICER. Without moments before. The Nation’s citizens, and in par- objection, it is so ordered. At 4 a.m. this great Georgian halted ticular all Korean war veterans and APPOINTMENT OF CONFEREES—H.R. 6 his unit. The battalion was close to marines and their families, are in- The PRESIDING OFFICER. Under Fox Company, but it lost radio con- debted to Raymond G. Davis for his in- the order of 5–31–03, the Chair appoints tact. Trying to reach that unit in the spired leadership and service. In war conferees on H.R. 6. darkness without communication and in peace, as an active duty marine The Presiding Officer appointed Mr. might get them caught in a crossfire. and as a private citizen, GEN Raymond DOMENICI, Mr. NICKLES, Mr. CRAIG, Mr. They would rest until daybreak. As Davis’ outstanding courage, unswerv- CAMPBELL, Mr. THOMAS, Mr. GRASSLEY, Davis started to nap, a sniper’s bullet ing devotion to duty, inspiring leader- Mr. LOTT, Mr. BINGAMAN, Mr. DORGAN, pierced his sleeping bag and grazed his ship, and sound judgment have rep- Mr. GRAHAM of Florida, Mr. WYDEN, head. He tried again to sleep. resented the highest traditions of mili- Mr. JOHNSON, and Mr. BAUCUS conferees By first light there was still no radio tary service and citizenship. This man on the part of the Senate. contact with Fox Company and Davis was a true American hero.

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11110 CONGRESSIONAL RECORD — SENATE September 4, 2003 NOTICE OF PROPOSED PROCE- accompanying computer disk. Comments § 1.06 Maintenance of Confidentiality DURAL RULEMAKING REGULA- may also be submitted by facsimile to the § 1.07 Breach of Confidentiality Provisions TIONS Executive Director at 202–426–1913 (a non- Subpart B—Pre-Complaint Procedures Appli- toll-free number.) Those wishing to receive Mr. STEVENS. Mr. President, I ask cable to Consideration of Alleged Violations confirmation of the receipt of their com- of Part A of Title II of the Congressional Ac- unanimous consent that the attached ments are requested to provide a self-ad- countability Act of 1995 document from the Office of Compli- dressed, stamped postcard with their submis- § 2.01 Matters Covered by Subpart B ance be printed in the RECORD. sion. Copies of submitted comments will be § 2.02 Requests for Advice and Information There being no objection, the mate- § 2.03 Counseling rial was ordered to be printed in the available for review at the Office of Compli- ance, 110 Second Street, SE., Washington, DC § 2.04 Mediation RECORD, as follows: 20540–1999, on Monday through Friday (non- § 2.05 Election of Proceedings OFFICE OF COMPLIANCE, Federal holidays) between the hours of 9:30 § 2.06 Filing of Civil Action Washington, DC, September 4, 2003. a.m. and 4:30 p.m. Subpart C—[Reserved (Section 210—ADA Hon. TED STEVENS, Supplementary Information: The Congres- Public Services)] President Pro Tempore, U.S. Senate, sional Accountability Act of 1995 (CAA), PL Subpart D—Compliance, Investigation, En- Washington, DC. 104–1, was enacted into law on January 23, forcement and Variance Procedures under DEAR MR. PRESIDENT: Pursuant to Section 1995. The CAA applies the rights and protec- Section 215 of the CAA (Occupational Safety 303(b) of the Congressional Accountability tions of 11 federal labor and employment and Health Act of 1970) Inspections, Cita- Act of 1995 (2 U.S.C. 1384(b)), I am transmit- statutes to covered employees and employ- tions, and Complaints ting on behalf of the Board of Directors the ing offices within the Legislative Branch of enclosed notice of proposed procedural rule- Government. Section 301 of the CAA (2 § 4.01 Purpose and Scope making regulations under Section 303 of the U.S.C. 1383) establishes the Office of Compli- § 4.02 Authority for Inspection Act for publication in the Congressional ance as an independent office within that § 4.03 Request for Inspections by Employees Record. Branch. Section 303 (2 U.S.C. 1383) directs and Employing Offices The Congressional Accountability Act that the Executive Director, as the Chief Op- § 4.04 Objection to Inspection specifies that the enclosed notice be pub- erating Officer of the agency, adopt rules of § 4.05 Entry Not a Waiver lished on the first day on which both Houses procedure governing the Office of Compli- § 4.06 Advance Notice of Inspection are in session following this transmittal. ance, subject to approval by the Board of Di- § 4.07 Conduct of Inspections Sincerely, rectors of the Office of Compliance. The § 4.08 Representatives of Employing Offices SUSAN S. ROBFOGEL, rules of procedure establish the process by and Employees Chair. which alleged violations of the 11 laws made § 4.09 Consultation with Employees OFFICE OF COMPLIANCE applicable to the Legislative Branch under § 4.10 Inspection Not Warranted; Informal the CAA will be considered and resolved. The Review THE CONGRESSIONAL ACCOUNTABILITY ACT OF rules include procedures for counseling, me- § 4.11 Citations 1995—PROPOSED AMENDMENTS TO THE RULES diation, and election between filing an ad- § 4.12 Imminent Danger OF PROCEDURE ministrative complaint with the Office of § 4.13 Posting of Citations INTRODUCTORY STATEMENT Compliance or filing a civil action in U.S. § 4.14 Failure to Correct a Violation for Shortly after the creation of the Office of District Court. The rules also include the Which a Citation Has Been Issued; Notice Compliance in 1995, Procedural Rules were process for the conduct of administrative of Failure to Correct Violation; Complaint adopted to govern the processing of cases hearings held as the result of the filing of an § 4.15 Informal Conferences and controversies under the administrative administrative complaint, and for appeals of § 4.16 Comments on Occupational Safety and procedures established in Title IV of the a decision by a hearing officer to the Board Health Reports Congressional Accountability Act of 1995 of Directors of the Office of Compliance, and Rules of Practice for Variances, Limitations, (‘‘CAA,’’ 2 U.S.C. 1401–1407). Those Rules of for an appeal of a decision by the Board of Variations, Tolerances, and Exemptions Procedure were slightly amended in 1998. The Directors to the United States Court of Ap- § 4.20 Purpose and Scope existing Rules of Procedure are available in peals for the Federal Circuit. The rules also § 4.21 Definitions their entirety on the Office of Compliance’s contain other matters of general applica- § 4.22 Effect of Variances web site: www.compliance.gov. The web site bility to the dispute resolution process and § 4.23 Public Notice of a Granted Variance, is fully compliant with section 508 of the Re- to the operation of the Office of Compliance. Limitation, Variation, Tolerance, or Ex- habilitation Act of 1973 (29 U.S.C. 794d). These proposed amendments to the Rules emption Pursuant to section 303(a) of the CAA (2 of Procedure are the result of the experience § 4.24 Form of Documents U.S.C. 1383(a), the Executive Director of the of the Office in processing disputes under the Office has obtained approval of the Board of CAA during the period since the original § 4.25 Applications for Temporary Variances Directors of the Office of Compliance regard- adoption of these rules in 1995. and other Relief ing certain amendments to the Rules of Pro- Explanation regarding the text of the pro- § 4.26 Applications for Permanent Variances cedure. Having obtained the Board’s ap- posed amendments: The text of the proposed and other Relief proval, the Executive Director must then amendments shows deletions within § 4.27 Modification or Revocation of Orders ‘‘publish a general notice of proposed rule- italicized brackets, and added text in § 4.28 Action on Applications making . . . for publication in the Congres- italicized bold. Only subsections of the rules § 4.29 Consolidation of Proceedings sional Record on the first day on which both which include proposed amendments are re- § 4.30 Consent Findings and Rules or Orders Houses are in session following such trans- produced in this Notice. The insertion of a § 4.31 Order of Proceedings and Burden of mittal.’’ (Section 303(b) of the CAA, 2 U.S.C. series of small dots (.....) indicates addi- Proof 1383(b).) tional, unamended text within a section has Subpart E—Complaints NOTICE not been reproduced in this document. The § 5.01 Complaints Comments regarding the proposed amend- insertion of a series of asterisk (*****) in- § 5.02 Appointment of the Hearing Officer ments to the Rules of Procedure of the Office dicates that the unamended text of entire § 5.03 Dismissal, Summary Judgment, and of Compliance set forth in this Notice are in- sections of the Rules have not been Withdrawal of Complaint vited for a period of thirty (30) days fol- reproduced in this document. For the text § 5.04 Confidentiality of other portions of the Rules which are not lowing the date of the appearance of this No- Subpart F—Discovery and Subpoenas proposed to be amended, please access the tice in the Congressional Record. In addition § 6.01 Discovery to being posted on The Office of Compli- Office of Compliance Web site at www.compliance.gov. § 6.02 Requests for Subpoenas ance’s section 508 compliant web site § 6.03 Service PROPOSED AMENDMENTS (www.compliance.gov). This Notice is also § 6.04 Proof of Service available in the following alternative for- PART I—OFFICE OF COMPLIANCE § 6.05 Motion to Quash mats: Large Print, Braille. Requests for this Office of Compliance Rules of Procedure § 6.06 Enforcement Notice in an alternative format should be As Amended—February 12, 1998 (Subpart A, made to Bill Thompson, Executive Director Subpart G—Hearings section 1.02, ‘‘Definitions’’), and as proposed or Alma Candelaria, Deputy Executive Di- § 7.01 The Hearing Officer to be amended in 2003. rector, Office of Compliance, at 202/724–9250 § 7.02 Sanctions (voice) or 202/426–1912 (TDD). Table of Contents § 7.03 Disqualification of the Hearing Officer Submission of comments must be made in Subpart A—General Provisions § 7.04 Motions and Prehearing Conference writing to the Executive Director, Office of § 1.01 Scope and Policy § 7.05 Scheduling the Hearing Compliance, 110 Second Street, SE., Room § 1.02 Definitions § 7.06 Consolidation and Joinder of Cases LA–200, Washington, DC 20540–1999. It is re- § 1.03 Filing and Computation of Time § 7.07 Conduct of Hearing; Disqualification quested, but not required, that an electronic § 1.04 Availability of Official Information of Representatives version of any comments be provided on an § 1.05 Designation of Representative § 7.08 Transcript

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 6333 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11111 § 7.09 Admissibility of Evidence seling [from] with the Office regarding an al- the Office no later than the last day of the § 7.10 Stipulations leged violation of the Act, as referred to in mediation period. The request shall set forth § 7.11 Official Notice section 2.01(a) above. All [formal] requests the joint nature of the request and the rea- § 7.12 Confidentiality for counseling shall be confidential, unless sons therefor, and specify when the parties § 7.13 Immediate Board Review of a Ruling the employee agrees to waive his or her right expect to conclude their discussions. Request by a Hearing Officer to confidentiality under section 2.03(e)(2), for additional extensions may be made in the § 7.14 Briefs below. same manner. Approval of any extensions § 7.15 Closing the record ..... shall be within the sole discretion of the Of- § 7.16 Hearing Officer Decisions; Entry in (c) When, How, and Where to Request fice. Records of the Office Counseling. A [formal] request for coun- ..... Subpart H—Proceedings Before the Board seling must be in writing, and [: (1)] shall be (i) Conclusion of the Mediation Period and § 8.01 Appeal to the Board [made] filed with the Office of Compliance at Notice. If, at the end of the mediation period, § 8.02 Reconsideration Room LA–200, 110 Second Street, SE., Wash- the parties have not resolved the matter § 8.03 Compliance with Final Decisions, Re- ington, DC 20540–1999; telephone 202–724–9250; that forms the basis of the request for medi- quests for Enforcement FAX 202–426–1913; TDD 202–426–1912, not later ation, the Office shall provide the employee, § 8.04 Judicial Review than 180 days after the alleged violation of and the employing office, and their rep- Subpart I—Other Matters of General the Act.[;] [(2) may be made to the Office in resentatives, with written notice that the Applicability person, by telephone, or by written request; mediation period has concluded. The written § 9.01 Filing, Service and Size Limitations of (3) shall be directed to: Office of Compliance, notice to the employee will be sent by cer- Motions, Briefs, Responses and other Doc- Adams Building, Room LA–200, 110 Second tified mail, return receipt requested, or will uments Street, SE., Washington, DC. 20540–1999; tele- be hand delivered, and it will also notify the § 9.02 Signing of Pleadings, Motions and phone 202–724–9250; FAX 202–426–1913; TDD employee of his or her right to elect to file Other Filings; Violations of Rules; Sanc- 202–426–1912.] a complaint with the Office in accordance tions ..... with section 5.01 of these rules or to file a § 9.03 Attorney’s Fees and Costs (l) Conclusion of the Counseling Period and civil action pursuant to section 408 of the § 9.04 Ex parte Communications Notice. The Executive Director shall notify Act and section 2.06 of these rules. § 9.05 Settlement Agreements the employee in writing of the end of the * * * * * § 9.06 Destruction of Closed Files counseling period, by certified mail, return 2.06 Filing of Civil Action. § 9.07 Payment of Decisions or Awards under receipt requested, or by personal delivery...... Section 415(a) of the Act The Executive Director, as part of the notifi- (c) Communication Regarding Civil Actions § 9.0[6]8 Revocation, Amendment or Waiver cation of the end of the counseling period, of Rules Filed with District Court. shall inform the employee of the right and (1) The party filing any civil action with the * * * * * obligation, should the employee choose to United States District Court pursuant to sec- § 1.03 Filing and Computation of Time. pursue his or her claim, to file with the Of- tions 404(2) and 408 of the Act should simul- fice a request for mediation within 15 days (a) Method of Filing. Documents may be taneously provide a copy of the complaint to after receipt by the employee of the notice of filed in person or by mail, including express, the Office. the end of the counseling period. overnight and other expedited delivery. (2) No party to any civil action referenced When specifically authorized by the Executive ..... in paragraph (1) shall request information Director, any document may also be filed by (m) Employees of the Office of the Architect from the Office regarding the proceedings electronic transmittal in a designated format. of the Capitol and the Capitol Police. which took place pursuant to sections 402 or Requests for counseling under section 2.03, (1) Where an employee of the Office of the 403 related to said civil action, unless said requests for mediation under section 2.04 and Architect of the Capitol or of the Capitol Po- party notifies the other party(ies) to the civil complaints under section 5.01 of these rules lice requests counseling under the Act and action of the request to the Office. The Office may also be filed by facsimile (FAX) trans- these rules, the Executive Director may rec- will determine whether the release of such in- mission. .... ommend that the employee use the griev- formation is appropriate under the Act and the Rules of Procedure...... ance procedures of the Architect of the Cap- itol or the Capitol Police. The term ‘griev- * * * * * (d) Service or filing of documents by cer- ance procedures’ refers to internal proce- tified mail, return receipt requested. When- § 4.16 Comments on Occupational Safety dures of the Architect of the Capitol and the and Health Reports. The General Counsel will ever these rules permit or require service or Capitol Police that can provide a resolution filing of documents by certified mail, return provide to responsible employing office(s) a of the matter(s) about which counseling was copy of any report issued for general distribu- receipt requested, such documents may also be requested. Pursuant to section 401 of the Act served or filed by express mail or other forms tion not less than seven days prior to the date and by agreement with the Architect of the scheduled for its issuance. If a responsible of expedited delivery in which proof of deliv- Capitol and the Capitol Police Board, when ery to the addressee is provided. employing office wishes to have its written the Executive Director makes such a rec- comments appended to the report, it shall sub- * * * * * ommendation, the following procedures shall mit such comments to the General Counsel no 1.05 Designation of Representative. apply: later than 48 hours prior to the scheduled (a) An employee, other charging individual ..... issuance date. The General Counsel shall ei- or party, a witness, a labor organization, an (ii) After having contacted the Office and ther include the written comments without al- employing office, an entity alleged to be re- having utilized the grievance procedures of teration as an appendix to the report, or im- sponsible for correcting a violation wishing the Architect of the Capitol or of the Capitol mediately decline the request for their inclu- to be represented by another individual must Police Board, the employee may notify the sion. If the General Counsel declines to in- file with the Office a written notice of des- Office that he or she wishes to return to the clude the submitted comments, the employing ignation of representative. The representa- procedures under these rules: office(s) may submit said denial to the Board tive may be, but is not required to be, an at- (A) within [10] 60 days after the expiration of Directors which, in its sole discretion, shall torney. During the period of counseling and of the period recommended by the Executive review the matter and issue a final and non- mediation, upon the request of a party, if the Director, if the matter has not been resolved; appealable decision solely regarding inclu- Executive Director concludes that a represent- or sion of the employing office(s) comments prior ative of an employee, of a charging party, of (B) within 20 days after service of a final to the issuance of the report. Submissions to a labor organization, of an employing office, decision resulting from the grievance proce- the Board of Directors in this regard shall be or of an entity alleged to be responsible for dures of the Architect of the Capitol or the made expeditiously and without regard to the correcting a violation has a conflict of inter- Capitol Police Board. requirements of subpart H of these rules. In est, the Executive Director may, after giving * * * * * no event shall the General Counsel be re- the representative an opportunity to respond, 2.04 Mediation. quired by the Board to postpone the issuance disqualify the representative. In that event, of a report for more than five days...... the period for counseling or mediation may be * * * * * extended by the Executive Director for a rea- (e) Duration and Extension. (1) The mediation period shall be 30 days § 5.03 Dismissal, Summary Judgment, and sonable time to afford the party an oppor- Withdrawal of Complaints. tunity to obtain another representative. beginning on the date the request for medi- ation is received, unless the Office grants an ..... * * * * * extension. (d) Summary Judgment. A Hearing Officer 2.03 Counseling. (2) The Office may extend the mediation may, after notice and an opportunity to re- (a) Initiating a Proceeding; Formal Request period upon the joint written request of the spond, issue summary judgment on some or for Counseling. In order to initiate a pro- parties to the attention of the Executive Direc- all of the complaint. ceeding under these rules, an employee shall tor. The request [may be oral or] shall be ([d]e) Appeal. A [dismissal] final decision [formally] file a written request for coun- written and [shall be noted and] filed with by the Hearing Officer made under section

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11112 CONGRESSIONAL RECORD — SENATE September 4, 2003 5.03(a)-(c) or 7.16 of these rules may be sub- an opportunity to reply, shall rule on the torney. Our first meeting involved a ject to appeal before the Board if the ag- motion. traffic issue that Blackie had before grieved party files a timely petition for re- ..... the municipal judge. view under section 8.01. Blackie had come to Henderson from ([e]f) ..... * * * * * ([f]g) ..... § 9.05 Informal Resolutions and Settlement his hometown of Galena, KS. In fact, Agreements he hitchhiked to Nevada the day after * * * * * ..... he graduated from high school. § 7.02 Sanctions (b) Formal Settlement Agreement. The parties Blackie used to spend time at the (a) The Hearing Officer may impose sanc- may agree formally to settle all or part of a tions on a party’s representative for inappro- Henderson Boys Club. He was a Golden disputed matter in accordance with section Gloves boxer, and he fought in the ring priate or unprofessional conduct. 414 of the Act. In that event, the agreement The Hearing Officer may impose sanc- there. (b) shall be in writing and submitted to the Ex- tions upon the parties under, but not limited He also was a fighter out of the ecutive Director for review and approval. If to, the circumstances set forth in this sec- the Executive Director does not approve the ring—he fought for his union brothers, tion. settlement, such disapproval shall be in writ- and for all the working men and ([a]1) Failure to Comply with an Order. When ing, shall set forth the grounds therefor, and women of Nevada. a party fails to comply with an order (includ- shall render the settlement ineffective. ing an order for the taking of a deposition, A few months after Blackie came to (c) Requirements for a Formal Settlement for the production of evidence within the Henderson, his high school sweetheart Agreement. A formal settlement agreement re- party’s control, or for production of wit- followed him. Blackie had played foot- quires the signature of all parties on the nesses), the Hearing Officer may: ball in high school and Carolyn was a agreement document before the agreement ([1]a) ..... can be submitted to the Executive Director. A cheerleader, and they made a great ([2]b) ..... formal settlement agreement cannot be re- couple. On September 7, 1953, they were ([3]c) ..... scinded after the signatures of all parties married in Las Vegas. ([4]d) ..... have been affixed to the agreement, unless by Blackie went to work at Titanium * * * * * written revocation of the agreement volun- Metal Corp., and he and Carolyn start- § 8.01 Appeal to the Board. tarily signed by all parties, or as otherwise re- ed to raise a family. Over the next few ..... quired by law. years they would have four wonderful (d) Violation of a Formal Settlement Agree- (b)(1) Unless otherwise ordered by the children: Steve, Sheree, Seanna, and Board, within 21 days following the filing of ment. If a party should allege that a formal settlement agreement has been violated, the Lisa. a petition for review to the Board, the appel- They raised their kids and worked lant shall file and serve a supporting brief in issue shall be determined by reference to the accordance with section 9.01 of these rules. formal dispute resolution procedures of the hard. After Blackie had been at the That brief shall identify with particularity agreement. If the particular formal settlement Timet factory for about 5 years, he was those findings or conclusions in the decision agreement does not have a stipulated method elected vice president of United Steel- and order that are challenged and shall refer for dispute resolution of an alleged violation workers Local 4856. Three weeks later, specifically to the portions of the record and of the agreement, the following dispute resolu- at age 23, he became the local’s young- the provisions of statutes or rules that are tion procedure shall be deemed to be a part of each formal settlement agreement approved est president ever. He held that posi- alleged to support each assertion made on tion for 12 years while also working in appeal. by the Executive Director pursuant to section (2) Unless otherwise ordered by the Board, 414 of the Act: Any complaint regarding a vio- the plant. within 21 days following the service of the lation of a formal settlement agreement may In 1971, my former high school teach- appellant’s brief, the opposing party may file be filed with the Executive Director no later er Mike O’Callaghan, who had become and serve a reply brief. than 60 days after the party to the agreement Governor of Nevada, appointed Blackie (3) Upon delegation by the Board, the Exec- becomes aware of the alleged violation. Such as the Commissioner representing complaints may be referred by the Executive utive Director is authorized to determine any labor on the old Nevada Industrial request for extensions of time to file any docu- Director to a Hearing Officer for a final and binding decision. The procedures for hearing Commission. The Evans family moved ment or submission with the Board. Such del- to Carson City, where Carolyn narrated egation shall continue until revoked by the and determining such complaints shall be Board. governed by subparts F, G, and H of these tours through the Governor’s Mansion rules. in her spare time from raising four ..... § 9.06 Destruction of Closed Files. children. * * * * * Closed case files regarding counseling, me- In 1978, Blackie was elected secretary § 9.01 Filing, Service and Size Limitations of diation, hearing, and/or appeal may be de- treasurer of the Nevada AFL–CIO, a po- Motions, Briefs, Responses and other stroyed during the calendar year in which the Documents. fifth anniversary of the closure date occurs, sition he held until his retirement in July 1999. He also served as a national (a) Filing with the Office; Number. One origi- or during the calendar year in which the fifth nal and three copies of all motions, briefs, anniversary of the conclusion of all adver- vice president of the AFL–CIO. During responses, and other documents must be sarial proceedings in relation thereto occurs, this time, I often crossed paths with filed, whenever required, with the Office or whichever period ends later. Blackie. Together, we worked to help Hearing Officer. However, when a party ag- § 9.07 Payment of Decisions, Awards, or Settle- the working families of Nevada. grieved by the decision of a Hearing Officer ments under section 415(a) of the Act. Today, Blackie and Carolyn still live or other determination reviewable by the Whenever a decision or award pursuant to sections 405(g), 406(e), 407, or 408 of the Act, in Henderson, NV, the town he hitch- Board files an appeal with the Board, one hiked to some 50 years ago. Carolyn’s original and seven copies of both any appeal or an approved settlement pursuant to section brief and any responses must be filed with 414 of the Act, require the payment of funds mother Nadine Qualls, who turns 91 in the Office. The Officer, Hearing Officer, or pursuant to section 415(a) of the Act, the deci- November, lives with them. Board may also require a party to submit an sion, award, or settlement shall be submitted They are blessed to have two grand- electronic version of any submission on a disk to the Executive Director to be processed by children living in Henderson—Alex in a designated format. the Office for requisition from the account of Bacon, 12, and Geena German, 7—and the Office of Compliance in the Department of ..... two grandchildren in Reno—Brittany the Treasury, and payment. * * * * * § 9.0[6]8 Revocation, Amendment or Waiver of Cassingham, 20, a student at UNR, and § 9.03 Attorney’s fees and costs. Rules. Cierra Cassingham, 16, a junior in high (a) Request. No later than 20 days after the ..... school. entry of a Hearing Officer’s decision under f On September 7, 2003, Blackie and section 7.16 or after service of a Board deci- Carolyn will celebrate 50 years of mar- sion by the Office, the complainant, if he or 50TH WEDDING ANNIVERSARY OF riage. The celebration will be a tribute she is a prevailing party, may submit to the CAROLYN AND BLACKIE EVANS to their love of each other, and to the Hearing Officer who heard the case initially Mr. REID. Madam President, I rise rich, productive life they have enjoyed a motion for the award of reasonable attor- today to tell a happy story. In fact, it together. ney’s fees and costs, following the form spec- ified in paragraph (b) below. All motions for almost sounds like a Hollywood love I congratulate Carolyn and Blackie attorney’s fees and costs shall be submitted to story. on their wonderful marriage and fam- the Hearing Officer. [The Board or t] The I first met Claude ‘‘Blackie’’ Evans in ily, and I wish them many more years Hearing Officer, after giving the respondent Henderson, NV, when I was the city at- of happiness together.

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11113 LOCAL LAW ENFORCEMENT ACT national community to continue to beled product, it was produced in a OF 2003 exert pressure on the Burmese junta to healthy and environmentally friendly Mr. SMITH. Madam President, I respect human rights and political manner. speak today about the need for hate freedoms. I ask President Bush to From what I heard from farmers in crimes legislation. On May 1, 2003, Sen- make Burma a high priority as he trav- my State over the August recess, I can ator KENNEDY and I introduced the els to the Asia Pacific Economic Co- say that the organic rule has been a Local Law Enforcement Enhancement operation Summit in Bangkok in early tremendous benefit to growers both Act, a bill that would add new cat- October. As recommended by the Coun- small and large. In Maine, organic agri- egories to current hate crimes law, cil on Foreign Relations, we should culture accounts for an important part sending a signal that violence of any press for a United Nations Security of the State’s $673 million agriculture- kind is unacceptable in our society. Council resolution condemning Aung related sales. Several blueberry grow- I would like to describe a terrible San Suu Kyi’s detention, the junta’s ers in Downeast Maine have recognized crime that occurred in Newark, CA. On human rights violations and their re- the profitability of organic agriculture October 3, 2002, several men became en- fusal to engage in dialogue with the and have begun to add organic produc- raged after learning that a young democratic opposition. We should also tion. Consumer interest in organic woman was actually a 17-year-old boy encourage the Security Council to hold milk has led many dairy farmers to at their party. The men punched Eddie an emergency session on Burma to dis- switch to organic milk. Six years ago, ‘‘Gwen’’ Araujo, dragged him into the cuss implementing targeted sanctions only one dairy farmer in Maine pro- garage and strangled him with a piece on the regime. duced organic milk—now, such milk of rope. Eddie’s body was then wrapped Aung San Suu Kyi’s hunger strike accounts for over 10 percent of the in a sheet and buried in a shallow grave adds urgency to the dire predicament State’s entire dairy production. These near Placerville, about 150 miles from of the Burmese people. The Burmese are but a few examples of the success of his family’s home in Newark. military junta must realize that their organic agriculture from my State, I believe that government’s first duty egregious offences against their own demonstrating the enormous potential is to defend its citizens, to defend them population can no longer stand. for growth in the organic sector. against the harms that come out of f Here in Congress, we must continue to help the organic agriculture sector hate. The Local Law Enforcement En- ORGANIC AGRICULTURE hancement Act is a symbol that can grow. The organic community cele- Ms. SNOWE. Mr. President, I rise brated the implementation of the na- become substance. I believe that by today to talk briefly about organic ag- passing this legislation and changing tional organic rule; however, the con- riculture and to recognize the many tinuing success of this rule will depend current law, we can change hearts and thousands of organic farmers from minds as well. on Congress’ commitment to fund the around the Nation who have helped USDA’s National Organic Program. f transform this once nascent industry The modest increase for the National into a thriving and innovative sector of AUNG SAN SUU KYI’S HUNGER Organic Program in the Senate Fiscal our economy. Today, in particular, I STRIKE Year 2004 Agriculture appropriations extend my greetings to the many or- bill is a step in the right direction. Mr. FEINGOLD. Madam President, ganic producers and retailers who have Likewise, investments in organic re- this weekend we heard extremely trou- gathered in Washington, D.C. this week search and development through the bling news from the State Department. to participate in the annual organic Organic Production and Marketing Aung San Suu Kyi, leader of the demo- conference. Data Collection will help the organic cratically elected National League for Organic agriculture has come a long industry move forward by leaps and Democracy and Nobel Peace Prize lau- way over the past 20 years largely be- bounds. reate, is on a hunger strike to protest cause of the determination and hard With organic producers visiting from her detention by the military govern- work of our Nation’s many organic pro- nearly all 50 States, I hope many of my ment in Burma. ducers. To put this issue in perspective, colleagues will have an opportunity to Aung San Suu Kyi has been held in the amount of organic cropland in the hear from an organic farmer, rancher, an unknown location without the abil- United States has more than doubled or retailer in their home State. Again, ity to communicate with the outside in the 1990s, and the annual growth I extend my welcome to all those in- world since May 30, 2003. Many of us in rate of the organic industry in the volved in the national organic con- Congress have demanded her release. United States has been greater than 20 ference. Sadly, her detention is simply the lat- percent for the past decade. Sales of or- f est installment in the country’s 40-year ganic food and beverages accounted for history of suffering and oppression. I over $9 billion in 2002 and are expected ADDITIONAL STATEMENTS have consistently criticized the gov- to exceed $20 billion by 2005. The in- ernment for its political repression and crease in organic production and sales human rights violations. Reports of is a reflection of the profitability and 65TH ANNIVERSARY OF rape, forced labor, human trafficking, high consumer demand for organic INTERIOR’S INDIAN CRAFT SHOP suppression of civil liberties, and tor- food. ∑ Mr. CAMPBELL. Madam President, ture of political dissidents have caused While the organic industry would not as a Native American, artist and me and my constituents great concern. be where it is today without the efforts craftsman, it is an honor for me to I supported the Burmese Freedom and of its growers and retailers, Congress speak today in recognition of the 65th Democracy Act of 2003, which imposes has an integral role in ensuring that anniversary of the Indian Arts and sanctions on the Burmese military consumers have confidence in the prod- Crafts Shop at the U.S. Department of junta, strengthens Burma’s democratic ucts they are buying. Many of my col- the Interior. forces and supports and recognizes the leagues remember that the U.S. De- Established with the help of the In- National League for Democracy as the partment of Agriculture helped to dian Arts and Crafts Board, the Crafts legitimate representative of the Bur- usher in a new era for the organic in- Room first opened its doors in 1938 and mese people. I encourage other coun- dustry with the implementation last has served as an outlet for Native tries to join the United States in November of the first ever national or- American artists to market their ex- adopting similar measures toward ganic standards. With these new stand- cellent products to the world. Burma. ards, farmers in my home State of With the help of the Indian Crafts The Burmese Government must re- Maine were able to sell their organic Shop, today’s market for Indian-made lease Aung San Suu Kyi and all polit- products to retailers in other States goods is roughly $1 billion, with thou- ical prisoners from detention. I also with confidence that the organic label sands of Native American artists cre- urge our administration, the United will be recognized by consumers in ating authentic arts and crafts con- Nations, the Association of Southeast those States. Consumers now know veying the beauty of the Native culture Asian Nations, ASEAN, and the inter- that when they buy an organically la- to the peoples of the world.

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11114 CONGRESSIONAL RECORD — SENATE September 4, 2003 Native art and crafts not only em- and his dedication to his family and It is imperative that there be a better un- ploys thousands of Indian country’s friends. Joe, Dierdre and their entire derstanding on the part of the people gen- best and most prolific artists, but edu- family are in our thoughts and pray- erally, and of those who enact and admin- ∑ ister our laws particularly; that the econ- cates non-Native people about the ways ers. omy of our nation, the happiness and welfare and culture of the Native American f of our people, the safety of the Republic population. RECOGNIZING THE LIFELONG itself depend upon a healthy mineral indus- Throughout its history, the Indian try. SERVICE OF MARTIN BEGIEN Crafts Shop has showcased Native art The importance of minerals in our ∑ that represents generations of Native Mr. BOND. Madam President, I join lives and to our economy has not di- people, their culture and heritage from with friends and family in recognizing minished over the past century. The every region of the United States. The the efforts and dedication of Mr. Mar- price and availability of raw materials shop assists in efforts to protect Indian tin Begien, an outstanding American, are critically important to our manu- cultural heritage and strives to ensure and a true patriot to American democ- facturing industries. The computer, that Native-made goods are recognized racy on what will be his 75th birthday, telecommunication and electronic in- for their artistic tradition and fine November 15. Martin, since joining the dustries that represent an ever-growing craftsmanship. Republican Party, has helped bring share of our economic output, and The Indian Craft Shop has 65 success- quality candidates to run for political dominate our daily lives, wouldn’t be ful years behind it, and I look forward office and in turn continues to partici- possible without the vast array of min- to its continuing success in supporting pate in the American political process. erals produced in this country. We even Native artists and people nationwide.∑ Martin’s successful political participa- rely on minerals to produce the new tion is indicative of his career as a f equipment that enhances the produc- whole. tivity of the nation’s workers. It re- IN REMEMBRANCE OF JOE Martin Begien’s impressive edu- mains essential that we, as ‘‘those who GARTON cational career began at the exclusive enact and administer our laws,’’ con- ∑ Mr. FEINGOLD. Madam President, I Andover Academy in Andover, MA, and tinue to recognize the importance of rise today to pay tribute to Joe Yale University in New Haven, CT, and our domestic mining industry. Garton, a champion of the arts in the continued with his service in the U.S. Once again, my congratulations to State of Wisconsin, and a dear friend Army. Martin went on to maintain an the Idaho Mining Association and its who passed away August 2. illustrious professional career that ul- members as they mark this important Joseph Walter Garton was born Au- timately lead to his serving as senior milestone. I send my very best wishes gust 17, 1946, in Sheboygan, WI. After partner at David L. Babson and Com- for its continued success in serving the attending Amherst College in Massa- pany, Inc., one of the oldest investment best interests of the State of Idaho and chusetts, serving as a VISTA volunteer counseling firms in the United States. the nation.∑ Martin has always combined excep- in the Harlem section of New York f tional professional and organizational City, receiving his doctorate from NYU NATIONAL ASSISTED LIVING in film studies, and marrying his be- skills, untiring initiative, and unlim- ited compassion to accomplish both WEEK loved wife, Dierdre, Joe returned to major, and simply thoughtful, tasks for ∑ Wisconsin to teach film history. Mr. WYDEN. Madam President, this In 1996, Joe demonstrated his love for the Republican Party. Martin has al- year, National Assisted Living Week ways generously given of himself a gen- the arts by rescuing and restoring Ten begins September 7 and continues uine love and concern of others with- Chimneys, the one-time summer home through September 13. Since 1995, the out hesitation or expectation of re- of Broadway legends Alfred Lunt and National Center for Assisted Living has ward. Martin’s endearing attitude and Lynn Fontanne. Thanks to Joe’s ef- sponsored National Assisted Living hard work earned him the respect and forts, Ten Chimneys is now a national Week to emphasize the importance of admiration of Mitt Romney, Governor center for theater studies and a tourist the options assisted living provides of the State of Massachusetts. destination for fans and artists from seniors and persons with disabilities. I stand with Martin’s wife Kate, his Assisted living is a long-term care al- all over the world. friends and family, and all those whose A husband, father, son, and brother— ternative for seniors who need more as- lives are richer for having known Mar- sistance than is available in general re- and soon to be grandfather—Joe tin Begien to commemorate and recog- tirement communities but do not re- Garton was an extraordinary man and I nize his 75th birthday on the 15th day quire the heavy medical and nursing am lucky to have called him a good of November, 2003.∑ care provided by nursing homes. friend. In addition to restoring Ten f This year’s theme for National As- Chimneys, Joe also transformed an 1856 sisted Living Week is ‘‘Sharing Life’s HONORING THE IDAHO MINING AS- farmhouse into Quigley Grove, a pop- Treasures’’ which highlights the need SOCIATION ON ITS 100TH ANNI- ular restaurant in Fitchburg, WI. Our for all of us, no matter what our age, to VERSARY community and our State have been take time to appreciate the treasures greatly enriched by his work. ∑ Mr. CRAPO. Madam President, I we find along life’s pathway. His love for the arts and architecture offer congratulations to the Idaho Min- My State, Oregon, helped to pioneer was only surpassed by his love for and ing Association on its 100th anniver- the assisted-living concept because it dedication to his family. Their kind- sary. The mining industry has long could help promote security, dignity, ness to me over the past 20 years been an economic force in Idaho, which and independence for seniors. While as- means a great deal to me personally. is nicknamed the Gem State, and the sisted living varies from State to Both through his work and through his association has been a strong advocate State, it remains a consumer-oriented family, Joe leaves behind a tremendous for that industry. option for long-term care needs, and legacy. The association held its first meeting highlights the need to support options Joe was my friend and someone who in the summer of 1903, and was first for long-term care as our population was always there for me over the years. known as the Idaho Prospectors and ages.∑ I am forever indebted to him. Mary and Operators. The occasion of the meeting f I will always remember Joe and have a was an urgent invitation from the Gov- particularly fond recollection of an in- ernor of Missouri to Idaho Governor TRIBUTE TO PAUL WALLACE- credible evening at Ten Chimneys sev- Frank R. Gooding that Idaho furnish a BRODEUR eral years ago. At a very challenging display of mineral products for the 1904 ∑ Mr. JEFFORDS. Madam President, I time in my career, Joe and Dierdre International Exposition in St. Louis. rise today to pay tribute to Paul Wal- welcomed us with tremendous hospi- Ten years later, this group changed its lace-Brodeur, an outstanding tality and Mary and I remain ex- name to the Idaho Mining Association Vermonter and a national leader in the tremely grateful. and has operated continuously since. area of health care reform. As he pre- He was taken from us too soon, and Early records of the group clearly pares to retire from his position as Di- we will always treasure his memory state its original purpose: rector of the Office of Vermont Health

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11115 Access in Waterbury, VT, it is impor- United States submitting sundry nomi- EC–3751. A communication from the Dep- tant to reflect on how much one person nations and two withdrawals which uty Associate Administrator, Environmental can accomplish in serving others. were referred to the appropriate com- Protection Agency, transmitting, pursuant Paul has been on the forefront of sig- to law, the report of a rule entitled ‘‘Ap- mittees. proval and Promulgation of Air Quality Im- nificant and timely health care con- (The nominations received today are plementation Plans; Pennsylvania; Motor cerns. As Medicaid director, which is printed at the end of the Senate pro- Vehicle Inspection and Maintenance Pro- Vermont’s second largest insurance ceedings.) gram—Revised Final Standards for the Ac- celeration Simulation Mode Exhaust Emis- program, Paul has ensured service for f 130,000 people and helped Vermont ob- sions Test’’ (FRL#7544-7) received on August tain the distinction of having one of MESSAGE FROM THE HOUSE 22, 2003; to the Committee on Environment and Public Works. the lowest uninsured rates in the coun- At 1:18 p.m., a message from the EC–3752. A communication from the Dep- try. Under Paul’s leadership, Vermont House of Representatives, delivered by uty Associate Administrator, Environmental broadened its eligibility standards and Ms. Niland, one of its reading clerks, Protection Agency, transmitting, pursuant was one of the first States in the coun- announced that the House has passed to law, the report of a rule entitled ‘‘Ap- try to expand Medicaid services to chil- the following bills, in which it requests proval and Promulgation of State Air Qual- dren under the Dr. Dynasaur program. the concurrence of the Senate: ity Plans for Designated Facilities and Con- trol of Emissions from Existing Commercial/ Paul began his career in Vermont as H.R. 1533. An act to amend the securities a social worker at the Brandon Train- Industrial Solid Waste Incinerator Units; Ar- laws to permit church pension plans to be in- izona; Nevada’’ (FRL#7534-8) received on Au- ing School. He quickly rose to leader- vested in collective trusts. gust 22, 2003; to the Committee on Environ- ship positions as a direct provider and H.R. 1572. An act to designate the United ment and Public Works. then consultant in the field of mental States courthouse located at 100 North EC–3753. A communication from the Dep- health, followed by his position as the Palafox Street in Pensacola, Florida, as the uty Associate Administrator, Environmental Chief Social Worker for the Vermont ‘‘Winston E. Arnow United States Court- Protection Agency, transmitting, pursuant State Hospital. It came as no surprise house’’. to law, the report of a rule entitled ‘‘New H.R. 1668. An act to designate the United Mexico: Incorporation by Reference of Ap- to those of us who know Paul that he States courthouse located at 101 North Fifth proved State Hazardous Waste Management was selected in the mid-’80s to lead the Street in Muskogee, Oklahoma, as the ‘‘Ed Program’’ (FRL#7479-5) received on August State of Vermont’s efforts in creating Edmondson United States Courthouse’’. 22, 2003; to the Committee on Environment universal access to health care as the H.R. 2309. An act to designate the facility and Public Works. Executive Director of the Vermont of the United States Postal Service located EC–3754. A communication from the Dep- Health Policy Council and through his at 2300 Redondo Avenue in Long Beach, Cali- uty Associate Administrator, Environmental work for the Vermont Health Care Au- fornia, as the ‘‘Stephen Horn Post Office Protection Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Okla- thority. Also during the mid-’80s he Building’’. The message also announced that the homa: Incorporation by Reference of Ap- spearheaded the creation of the proved State Hazardous Waste Management Vermont Ethics Network, an organiza- House has agreed to the amendment of Program’’ (FRL#7479-3) received on August tion dedicated to increasing the under- the Senate to the resolution (H. Con. 22, 2003; to the Committee on Environment standing of ethical issues, values and Res. 259) providing for a conditional ad- and Public Works. choices in health and health care. journment of the House of Representa- EC–3755. A communication from the Execu- Over the course of 40 years, Paul has tives and a conditional recess or ad- tive Vice President, River System Oper- journment of the Senate. ations and Environment, Tennessee Valley been involved with virtually every Authority, transmitting, pursuant to law, health policy initiative in Vermont, The message further announced that the report of a rule entitled ‘‘Approval of particularly the State’s efforts to ex- pursuant to 22 U.S.C. 6913, and the Construction in the Tennessee River System; pand health coverage. He is personally order of the House of January 8, 2003, Regulations of Structures; Residential Use responsible for authoring Vermont’s the Speaker appoints the following on TVA-controlled Residential Access 1115 waiver, which over the years, and Member of the House of Representa- Shoreland and TVA Flowage Easement with many amendments, has provided tives to the Congressional-Executive Shoreland’’ (RIN3316-AA19) received on Sep- Commission on the People’s Republic tember 2, 2003; to the Committee on Environ- more expansive and flexible Medicaid ment and Public Works. services to Vermonters. In his quiet of China: Mr. Wu of Oregon. EC–3756. A communication from the Chair- unassuming way, Paul is an integral f man, Nuclear Regulatory Commission, trans- part of the health care delivery system ferring, a report of an organizational change in Vermont and has gained recognition MEASURES REFERRED in the Commission’s safeguards and security for being a national health policy lead- H.R. 1533. An act to amend the secu- programs; to the Committee on Environment and Public Works. er and mentor. He has always brought rities laws to permit church pension EC–3757. A communication from the Dep- a steadfast commitment and institu- plans to be invested in collective uty Associate Administrator, Environmental tional knowledge to solving the prob- trusts. Protection Agency, transmitting, pursuant lem at hand while maintaining a vision H.R. 1572. An act to designate the to law, the report of a rule entitled ‘‘Ap- for improving Vermont’s health care United States courthouse located at 100 proval and Promulgation of Implementation system. North Palafox Street in Pensacola, Plans and Operating Permits Program’’ Paul’s unwavering commitment to- Florida, as the ‘‘Winston E. Arnow (FRL#7552-9) received on September 2, 2003; to the Committee on Environment and Pub- ward improving the health status of United States Courthouse’’. lic Works. Vermont and its citizens serves as a H.R. 2309. An act to designate the fa- EC–3758. A communication from the Dep- testament to us all. Vermont is truly cility of the United States Postal Serv- uty Associate Administrator, Environmental indebted to him. His deep commitment ice located at 2300 Redondo Avenue in Protection Agency, transmitting, pursuant to the citizens of the Green Mountain Long Beach, California, as the ‘‘Ste- to law, the report of a rule entitled ‘‘Na- State has endeared him to us. He has phen Horn Post Office Building’’. tional Emission Standards for Hazardous Air our best wishes for the future.∑ Pollutants for Lime Products Manufacturing f Plants’’ (FRL#7551-7) received on September f 2, 2003; to the Committee on Environment EXECUTIVE AND OTHER MESSAGES FROM THE PRESIDENT and Public Works. COMMUNICATIONS EC–3759. A communication from the Dep- Messages from the President of the The following communications were uty Associate Administrator, Environmental United States were communicated to laid before the Senate, together with Protection Agency, transmitting, pursuant the Senate by Ms. Evans, one of his accompanying papers, reports, and doc- to law, the report of a rule entitled ‘‘Revi- secretaries. sions to the California State Implementation uments, and were referred as indicated: Plan, Kern County Air Pollution Control f EC–3740. A communication from the Mem- District and San Joaquin Valley Unified Air EXECUTIVE MESSAGES REFERRED bers of the Independent Commission on Re- Pollution Control District’’ (FRL#7548) re- form of the United States Olympic Com- ceived on September 2, 2003; to the Com- As in executive session the PRE- mittee, transferring, the Commission’s re- mittee on Environment and Public Works. SIDING OFFICER laid before the Sen- port; to the Committee on Commerce, EC–3760. A communication from the Dep- ate messages from the President of the Science, and Transportation. uty Associate Administrator, Environmental

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11116 CONGRESSIONAL RECORD — SENATE September 4, 2003 Protection Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Na- rect Heat Exchangers’’ (FRL#7525–2) received to law, the report of a rule entitled ‘‘Revi- tional Emission Standards for Hazardous Air on September 2, 2003; to the Committee on sions to the California State Implementation Pollutants: Site Remediation’’ (FRL#7549–3) Environment and Public Works. Plan, South Coast Air Quality Management received on September 2, 2003; to the Com- EC–3779. A communication from the Dep- District’’ (FRL#7546-5) received on Sep- mittee on Environment and Public Works. uty Associate Administrator, Environmental tember 2, 2003; to the Committee on Environ- EC–3770. A communication from the Dep- Protection Agency, transmitting, pursuant ment and Public Works. uty Associate Administrator, Environmental to law, the report of a rule entitled ‘‘Ap- EC–3761. A communication from the Dep- Protection Agency, transmitting, pursuant proval and Promulgation of Implementation uty Associate Administrator, Environmental to law, the report of a rule entitled ‘‘Ap- Plans Revisions to Florida State Implemen- Protection Agency, transmitting, pursuant proval and Promulgation of Air Quality Im- tation Plan: Transportation Conformity to law, the report of a rule entitled ‘‘Na- plementation Plans; Forsyth County, North Rule’’ (FRL#7541–9) received on September 2, tional Emission Standards for Hazardous Air Carolina; Update to Materials Incorporated 2003; to the Committee on Environment and Pollutants for Primary Magnesium Refin- by Reference’’ (FRL#7524–4) received on Sep- Public Works. ing’’ (FRL#7551-4) received on September 2, tember 2, 2003; to the Committee on Environ- EC–3780. A communication from the Dep- 2003; to the Committee on Environment and ment and Public Works. uty Associate Administrator, Environmental Public Works. EC–3771. A communication from the Dep- Protection Agency, transmitting, pursuant EC–3762. A communication from the Dep- uty Associate Administrator, Environmental to law, the report of a rule entitled ‘‘Ap- uty Associate Administrator, Environmental Protection Agency, transmitting, pursuant proval and Promulgation of Implementation Protection Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Ap- Plans; State of Missouri’’ (FRL#7542–3) re- to law, the report of a rule entitled ‘‘Na- proval and Promulgation of Air Quality Im- ceived on September 2, 2003; to the Com- tional Emission Standards for Hazardous Air plementation Plans; Ohiol Oxides of Nitro- mittee on Environment and Public Works. Pollutants: Organic Liquids Distribution gen Regulations’’ (FRL#7539–4) received on EC–3781. A communication from the Dep- (Non-Gasoline)’’ (FRL#7551-6) received on September 2, 2003; to the Committee on Envi- uty Associate Administrator, Environmental September 2 , 2003; to the Committee on En- ronment and Public Works. Protection Agency, transmitting, pursuant vironment and Public Works. EC–3772. A communication from the Dep- to law, the report of a rule entitled ‘‘Ap- EC–3763. A communication from the Dep- uty Associate Administrator, Environmental proval and Promulgation of State Plan for uty Associate Administrator, Environmental Protection Agency, transmitting, pursuant Designated Facilities and Pollutants; Com- Protection Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Ap- monwealth of Kentucky and Jefferson Coun- to law, the report of a rule entitled ‘‘South proval and Promulgation of Air Quality Im- ty, Kentucky’’ (FRL#7542–6) received on Sep- Carolina: Final Authorization of State Haz- plementation Plans; Maryland; Revisions to tember 2, 2003; to the Committee on Environ- ardous Waste Management Program Revi- Visible Emissions and Sulfur Dioxide Regu- ment and Public Works. EC–3782. A communication from the Dep- sion’’ (FRL#7550-3) received on September 2, lations’’ (FRL#7523–7) received on September uty Associate Administrator, Environmental 2003; to the Committee on Environment and 2, 2003; to the Committee on Environment Protection Agency, transmitting, pursuant Public Works. and Public Works. EC–3764. A communication from the Dep- EC–3773. A communication from the Dep- to law, the report of a rule entitled ‘‘Haz- uty Associate Administrator, Environmental uty Associate Administrator, Environmental ardous Waste Management System; Exclu- sion for Identifying and Listing Hazardous Protection Agency, transmitting, pursuant Protection Agency, transmitting, pursuant Waste and a Determination Equivalent to law, the report of a rule entitled ‘‘Na- to law, the report of a rule entitled ‘‘Ap- Treatment; Final Exclusion’’ (FRL#7541–7) tional Emission Standards for Hazardous Air proval and Promulgation of Air Quality Im- received on September 2, 2003; to the Com- Pollutants: Miscellaneous Organic Chemical plementation Plans; Pennsylvania; Revision mittee on Environment and Public Works. Manufacturing’’ (FRL#7551-3) received on to Pittsburgh-Beaver Valley Area Ozone EC–3783. A communication from the Dep- September 2, 2003; to the Committee on Envi- Maintenance Plan’’ (FRL#7524–9) received on uty Associate Administrator, Environmental ronment and Public Works. September 2, 2003; to the Committee on Envi- Protection Agency, transmitting, pursuant EC–3765. A communication from the Dep- ronment and Public Works. to law, the report of a rule entitled ‘‘Na- uty Associate Administrator, Environmental EC–3774. A communication from the Dep- tional Oil and Hazardous Substances Pollu- Protection Agency, transmitting, pursuant uty Associate Administrator, Environmental tion Contingency Plan; National Priorities to law, the report of a rule entitled ‘‘Na- Protection Agency, transmitting, pursuant List’’ (FRL#7542–7) received on September 2, tional Emission Standards for Hazardous Air to law, the report of a rule entitled ‘‘Ap- 2003; to the Committee on Environment and Pollutants: Taconite Iron Ore Processing’’ proval and Promulgation of Operating Per- Public Works. (FRL#7551-2) received on September 2, 2003; mits Program; State of Kansas’’ (FRL#7540– EC–3784. A communication from the Dep- to the Committee on Environment and Pub- 7) received on September 2, 2003; to the Com- uty Associate Administrator, Environmental lic Works. mittee on Environment and Public Works. Protection Agency, transmitting, pursuant EC–3766. A communication from the Dep- EC–3775. A communication from the Dep- to law, the report of a rule entitled ‘‘Revi- uty Associate Administrator, Environmental uty Associate Administrator, Environmental sions to the California State Implementation Protection Agency, transmitting, pursuant Protection Agency, transmitting, pursuant Plan, Great Basin Unified Air Pollution Con- to law, the report of a rule entitled ‘‘Ap- to law, the report of a rule entitled ‘‘Award trol District’’ (FRL#3784) received on Sep- proval and Promulgation of Air Quality Im- of Grants and Cooperative Agreement for the tember 2, 2003; to the Committee on Environ- plementation Plans; West Virginia; Redesig- Special Projects and Programs Authorized ment and Public Works. nation of the Follansbee PM10 Nonattain- by the Agency’s FY 2003 Appropriations Act’’ EC–3785. A communication from the Direc- ment Area to Attainment and Approval of received on September 2, 2003; to the Com- tor, Office of Congressional Affairs, Nuclear the Associate Maintenance Plan’’ mittee on Environment and Public Works. Regulatory Commission, transmitting, pur- (FRL#7549–1) received on September 2, 2003; EC–3776. A communication from the Dep- suant to law, the report of a rule entitled to the Committee on Environment and Pub- uty Associate Administrator, Environmental ‘‘List of Approved Spent Fuel Storage Casks: lic Works. Protection Agency, transmitting, pursuant Standardized NUHOMS –24P, –52B, and –61BT EC–3767. A communication from the Dep- to law, the report of a rule entitled ‘‘Part 71 Revisions’’ (RIN3150–AH26) received on Au- uty Associate Administrator, Environmental Federal Operating Permits Program for Cali- gust 26, 2003; to the Committee on Environ- Protection Agency, transmitting, pursuant fornia Agricultural Sources, Announcement ment and Public Works . to law, the report of a rule entitled ‘‘Ap- of a New Deadline For Application Sub- EC–3786. A communication from the Direc- proval of Section 112(1) Authority for Haz- mittal’’ (FRL#7537–1) received on September tor, Office of Congressional Affairs, Nuclear ardous Air Pollutants; Equivalency by Per- 2, 2003; to the Committee on Environment Regulatory Commission, transmitting, pur- mit Provisions; National Emission Standards and Public Works. suant to law, the report of a rule entitled for Hazardous Air Pollutants from the Pulp EC–3777. A communication from the Dep- ‘‘Adjustment of the Maximum Retrospective and Paper Industry; State of North Caro- uty Associate Administrator, Environmental Deferred Premium’’ (RIN3150–AH23) received lina’’ (FRL#7549–6) received on September 2, Protection Agency, transmitting, pursuant on August 26, 2003; to the Committee on En- 2003; to the Committee on Environment and to law, the report of a rule entitled ‘‘Preven- vironment and Public Works. Public Works. tion of Significant Deterioration (PSD) and EC–3787. A communication from the Sec- EC–3768. A communication from the Dep- Non-attainment New Source Review (NSR): retary of Health and Human Services, trans- uty Associate Administrator, Environmental Reconsideration’’ received on September 2, mitting, pursuant to law, the Report to Con- Protection Agency, transmitting, pursuant 2003; to the Committee on Environment and gress on the Fiscal Year 2001 Low Income to law, the report of a rule entitled ‘‘Na- Public Works. Home Energy Assistance Program; to the tional Emission Standards for Hazardous Air EC–3778. A communication from the Dep- Committee on Health, Education, Labor, and Pollutants Surface Coating of Miscellaneous uty Associate Administrator, Environmental Pensions. Metal Parts and Products’’ (FRL#7549–7) re- Protection Agency, transmitting, pursuant EC–3788. A communication from the ceived on September 2, 2003; to the Com- to law, the report of a rule entitled ‘‘Ap- Human Resources Specialist, Office of the mittee on Environment and Public Works. proval and Promulgation of Air Quality Im- Assistant Secretary for Administration and EC–3769. A communication from the Dep- plementation Plans; West Virginia; Regula- Management, Department of Labor, trans- uty Associate Administrator, Environmental tion to Prevent and Control Particulate Air mitting, pursuant to law, the report of a va- Protection Agency, transmitting, pursuant Pollution from Combustion of Fuel in Indi- cancy in the position of Assistant Secretary

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11117 for Public Affairs, received on August 11, EC–3799. A communication from the Assist- eral Audit Recommendations for the period 2003; to the Committee on Health, Education, ant Secretary for Civil Rights, Department ending March 31, 2003; to the Committee on Labor, and Pensions. of Education, transmitting, pursuant to law, Governmental Affairs. EC–3789. A communication from the Assist- the Office of Civil Rights’ Annual Report for EC–3811. A communication from the Ad- ant Secretary of Labor for Mine Safety and Fiscal Years 2001 and 2002; to the Committee ministrator, General Services Administra- Health, transmitting, pursuant to law, the on Health, Education, Labor, and Pensions. tion, transmitting, a copy of lease report of a rule entitled ‘‘Testing and Eval- EC–3800. A communication from the White prospectuses in support of the General Serv- uation by Independent Laboratories and House Liaison, Office of Civil Rights, Depart- ices Administration’s Fiscal Year 2004 Cap- Non-MSHA Product Safety Standards’’ ment of Education, transmitting, pursuant ital Investment and Leasing Program; to the (RIN1219–AA87) received on September 2, to law, the report of a nomination confirmed Committee on Governmental Affairs. 2003; to the Committee on Health, Education, for the position of Assistant Secretary, re- EC–3812. A communication from the Chair, Labor, and Pensions. ceived on September 2, 2003; to the Com- Equal Employment Opportunity Commis- EC–3790. A communication from the Assist- mittee on Health, Education, Labor, and sion, transmitting, pursuant to law, the re- ant Secretary for Administration and Man- Pensions. port of the Office of Inspector General for agement, Department of Labor, transferring, EC–3801. A communication from the Sec- the period ending March 31 , 2003; to the pursuant to law, the Department’s revised retary of Health and Human Services, trans- Committee on Governmental Affairs. Commercial Activities Inventory for the mitting, a letter containing the Secretary’s EC–3813. A communication from the Chair- Year 2002; to the Committee on Health, Edu- recommendation for the applicable percent- man, Defense Nuclear Facilities Safety cation, Labor, and Pensions. age increase in Medicare’s hospital inpatient Board, transmitting, the Board’s Perform- EC–3791. A communication from the Assist- prospective payment system rates for fiscal ance Report for Fiscal Year 2001; to the Com- ant General Counsel, Office of Elementary year 2003; to the Committee on Health, Edu- mittee on Governmental Affairs. and Secondary Education, Department of cation, Labor, and Pensions. EC–3814. A communication from the Vice Education, transmitting, pursuant to law, EC–3802. A communication from the White President of the United States, transmitting, the report of a rule entitled ‘‘Indian Edu- House Liaison, Office of Management, De- an alternative plan for across-the-board and cation Discretionary Grant Program’’ partment of Education, transmitting, pursu- locality pay increases payable to civilian (RIN1810–AA93) received on September 2, ant to law, the report of a nomination con- Federal employees; to the Committee on 2003; to the Committee on Health, Education, firmed for the position of Assistant Sec- Governmental Affairs. Labor, and Pensions. retary, received on September 2, 2003 ; to the EC–3815. A communication from the Audi- EC–3792. A communication from the Assist- Committee on Health, Education, Labor, and tor of the District of Columbia, transmit- ant General Counsel, Office of Elementary Pensions. ting, a report relative to the Advisory Neigh- and Secondary Education, Department of EC–3803. A communication from the borhood Commission; to the Committee on Education, transmitting, pursuant to law, Human Resources Specialist, Office of the Governmental Affairs . the report of a rule entitled ‘‘Community Assistant Secretary for Administration and EC–3816. A communication from the Direc- Technology Centers Program’’ received on Management, Department of Labor, trans- tor, Office of Personnel Management, trans- September 2, 2003; to the Committee on mitting, pursuant to law, the report of a va- mitting, a report relative to the Federal stu- Health, Education, Labor, and Pensions. dent loan payment program; to the Com- EC–3793. A communication from the Assist- cancy in the position of Deputy Secretary of Labor, received on September 2, 2003; to the mittee on Governmental Affairs. ant General Counsel, Office of Elementary EC–3817. A communication from the Chair- and Secondary Education, Department of Committee on Health, Education, Labor, and Pensions. man, National Labor Relations Board, trans- Education, transmitting, pursuant to law, mitting, pursuant to law, the Board’s Office the report of a rule entitled ‘‘Community EC–3804. A communication from the Acting Director of Communications and Legislative of Inspector General’s inventory of inher- Technology Centers’’ received on September ently governmental and commercial activi- 2, 2003; to the Committee on Health, Edu- Affairs, Equal Employment Opportunity ties; to the Committee on Governmental Af- cation, Labor, and Pensions. Commission, transmitting, the Commission’s fairs. EC–3794. A communication from the Acting Annual Report on the Federal Work Force Director of Communications and Legislative for fiscal year 2002; to the Committee on f Health, Education, Labor, and Pensions. Affairs, Equal Employment Opportunity REPORTS OF COMMITTEES Commission, transmitting, pursuant to law, EC–3805. A communication from the Direc- the Commission’s revised draft Strategic tor, Corporate Policy and Research Depart- The following reports of committees Plan for Fiscal Years 2004–2009; to the Com- ment, Pension Benefit Guaranty Corpora- were submitted: tion, transmitting, pursuant to law, the re- mittee on Health, Education, Labor, and By Mr. DEWINE, from the Committee on port of a rule entitled ‘‘Benefits Payable in Pensions. Appropriations, without amendment: EC–3795. A communication from the Direc- Terminated Single-Employer Plans; Alloca- S. 1583. An original bill making appropria- tor, Regulations, Policy, and Management tion of Assets in Single-Employer Plans; In- tions for the government of the District of Staff, Department of Health and Human terest Assumptions for Valuing and Paying Columbia and other activities chargeable in Services, transmitting, pursuant to law, the Benefits’’ received on August 22, 2003; to the whole or in part against the revenues of said report of a rule entitled ‘‘Medical Devices; Committee on Health, Education, Labor, and District for the fiscal year ending September Obstetrical and Gynecological Devices; Clas- Pensions. 30, 2004, and for other purposes (Rept. No. EC–3806. A communication from the Acting sification of the Breast Lesion Documenta- 108–142). tion’’ (Doc. no. 2003P–0301) received on Sep- Chairman, Merit Systems Protection Board, By Mr. HATCH, from the Committee on tember 2, 2003; to the Committee on Health, transmitting, a report of proposed legisla- the Judiciary, without amendment: Education, Labor, and Pensions. tion relative to reauthorization of the Board; S.J. Res. 1. A joint resolution proposing an EC–3796. A communication from the Direc- to the Committee on Governmental Affairs. amendment to the Constitution of the tor, Regulations, Policy, and Management EC–3807. A communication from the Chair- United States to protect the rights of crime Staff, Department of Health and Human man and General Counsel, National Labor victims. Services, transmitting, pursuant to law, the Relations Board, transmitting, pursuant to report of a rule entitled ‘‘New Drug and Bio- law, the report of the Office of Inspector f logical Drug Products; Evidence Needed to General for the period October 1, 2001 EXECUTIVE REPORTS OF Demonstrate Effectiveness of New Drugs through March 31, 2002; to the Committee on COMMITTEES When Human Efficacy Studies Are Not Eth- Governmental Affairs. ical or Feasible’’ (RIN0910–AC05) received on EC–3808. A communication from the Chair- The following executive reports of September 2, 2003; to the Committee on man, National Endowment for the Arts, committees were submitted: Health, Education, Labor, and Pensions. transmitting, pursuant to law, the 2003 in- By Mr. HATCH for the Committee on the EC–3797. A communication from the Direc- ventories of commercial activities and inher- Judiciary. tor, Regulations, Policy, and Management ently governmental activities performed by Glen E. Conrad, of Virginia, to be United Staff, Department of Health and Human employees of the Endowment; to the Com- States District Judge for the Western Dis- Services, transmitting, pursuant to law, the mittee on Governmental Affairs. trict of Virginia. report of a rule entitled ‘‘Food Labeling: EC–3809. A communication from the Trade Kim R. Gibson, of Pennsylvania, to be Health Claims; Soluble Dietary Fiber From Representative, Executive Office of the United States District Judge for the Western Certain Foods and Coronary Heart Disease’’ President, transmitting, pursuant to law, District of Pennsylvania. (Doc. no. 2001Q–0313) received on September the Representative’s FY 2004 Performance Larry Alan Burns, of California, to be 2, 2003; to the Committee on Health, Edu- Plan and FY 2002 Annual Performance Re- United States District Judge for the South- cation, Labor, and Pensions. port; to the Committee on Governmental Af- ern District of California. EC–3798. A communication from the Sec- fairs. Dana Makoto Sabraw, of California, to be retary of Health and Human Services, trans- EC–3810. A communication from the Sec- United States District Judge for the South- mitting, pursuant to law, a report relative to retary of Transportation , transmitting, pur- ern District of California. Mild Traumatic Brain Injury in the United suant to law, the Department of Transpor- Michael W. Mosman, of Oregon, to be States; to the Committee on Health, Edu- tation’s Report on Management Decisions United States District Judge for the District cation, Labor, and Pensions. and Final Actions on Office of Inspector Gen- of Oregon.

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11118 CONGRESSIONAL RECORD — SENATE September 4, 2003 Henry F. Floyd, of South Carolina, to be (Mr. LAUTENBERG) was added as a co- activity, obesity prevention, and for United States District Judge for the District sponsor of S. 460, a bill to amend the other purposes. of South Carolina. Immigration and Nationality Act to S. 1222 (Nominations without an asterisk authorize appropriations for fiscal At the request of Mr. NELSON of Ne- were reported with the recommenda- years 2004 through 2010 to carry out the braska, the name of the Senator from tion that they be confirmed.) State Criminal Alien Assistance Pro- Arkansas (Mrs. LINCOLN) was added as f gram. a cosponsor of S. 1222, a bill to amend INTRODUCTION OF BILLS AND S. 473 title XVIII of the Social Security Act JOINT RESOLUTIONS At the request of Mr. FEINGOLD, the to require the Secretary of Health and The following bills and joint resolu- name of the Senator from Rhode Island Human Services , in determining eligi- tions were introduced, read the first (Mr. REED) was added as a cosponsor of bility for payment under the prospec- and second times by unanimous con- S. 473, a bill to amend the Federal tive payment system for inpatient re- sent, and referred as indicated: Water Pollution Control Act to clarify habilitation facilities, to apply criteria the jurisdiction of the United States consistent with rehabilitation impair- By Mr. DOMENICI (for himself and Mr. BINGAMAN): over waters of the United States. ment categories established by the S. 1582. A bill to amend the Valles Preser- S. 491 Secretary for purposes of such prospec- vation Act to improve the preservation of At the request of Mr. REID, the tive payment system. the Valles Caldera, and for other purposes; to names of the Senator from Kentucky S. 1245 the Committee on Energy and Natural Re- (Mr. BUNNING) and the Senator from At the request of Ms. COLLINS, the sources. TABENOW By Mr. DEWINE: Michigan (Ms. S ) were added names of the Senator from Minnesota S. 1583. An original bill making appropria- as cosponsors of S. 491, a bill to expand (Mr. DAYTON) and the Senator from tions for the government of the District of research regarding inflammatory bowel South Dakota (Mr. JOHNSON) were Columbia and other activities chargeable in disease, and for other purposes. added as cosponsors of S. 1245, a bill to whole or in part against the revenues of said S. 514 provide for homeland security grant District for the fiscal year ending September At the request of Mr. BUNNING, the coordination and simplification, and 30, 2004, and for other purposes; from the for other purposes. Committee on Appropriations; placed on the names of the Senator from Georgia calendar. (Mr. CHAMBLISS) and the Senator from S. 1252 f South Carolina (Mr. GRAHAM) were At the request of Mr. DAYTON, the added as cosponsors of S. 514, a bill to name of the Senator from New Jersey ADDITIONAL COSPONSORS amend the Internal Revenue Code of (Mr. LAUTENBERG) was added as a co- S. 171 1986 to repeal the 1993 income tax in- sponsor of S. 1252, a bill to provide ben- At the request of Mr. DAYTON, the crease on Social Security benefits. efits to domestic partners of Federal names of the Senator from Vermont S. 629 employees. (Mr. JEFFORDS) and the Senator from At the request of Mr. WYDEN, the S. 1344 Pennsylvania (Mr. SPECTER) were name of the Senator from Oregon (Mr. At the request of Mr. CORZINE, the added as cosponsors of S. 171, a bill to SMITH) was added as a cosponsor of S. name of the Senator from New Jersey amend the title XVIII of the Social Se- 629, a bill to amend the Internal Rev- (Mr. LAUTENBERG) was added as a co- curity Act to provide payment to medi- enue Code of 1986 to assist individuals sponsor of S. 1344, a bill to amend the care ambulance suppliers of the full who have lost their 401(k) savings to Electronic Fund Transfer Act to re- costs of providing such services, and make additional retirement savings quire additional disclosures relating to for other purposes. through individual retirement account exchange rates in transfers involving S. 300 contributions, and for other purposes. international transactions, and for At the request of Mr. MCCAIN, the S. 664 other purposes. name of the Senator from Oregon (Mr. At the request of Mr. HATCH, the S. 1390 SMITH) was added as a cosponsor of S. name of the Senator from Virginia (Mr. At the request of Mr. ENSIGN, the 300, a bill to award a congressional gold WARNER) was added as a cosponsor of S. name of the Senator from South Caro- medal to Jackie Robinson (post- 664, a bill to amend the Internal Rev- lina (Mr. GRAHAM) was added as a co- humously), in recognition of his many enue Code of 1986 to permanently ex- sponsor of S. 1390, a bill to protect chil- contributions to the Nation, and to ex- tend the research credit, to increase dren and their parents from being co- press the sense of Congress that there the rates of the alternative incre- erced into administering a controlled should be a national day in recognition mental credit, and to provide an alter- substance in order to attend school, of Jackie Robinson. native simplified credit for qualified and for other purposes. S. 386 research expenses. S. 1431 At the request of Mr. CORZINE, the name of the Senator from New Jersey S. 893 At the request of Mr. LAUTENBERG, (Mr. LAUTENBERG) was added as a co- At the request of Mr. SANTORUM, the the names of the Senator from Rhode sponsor of S. 386, a bill to establish a name of the Senator from Indiana (Mr. Island (Mr. REED) and the Senator from grant program to enhance the financial BAYH) was added as a cosponsor of S. Maryland (Ms. MIKULSKI) were added as and retirement literacy of mid-life and 893, a bill to amend title VII of the cosponsors of S. 1431, a bill to reauthor- older Americans and to reduce finan- Civil Rights Act of 1964 to establish ize the assault weapons ban, and for cial abuse and fraud among such Amer- provisions with respect to religious ac- other purposes. icans, and for other purposes. commodation in employment, and for S. 1485 S. 451 other purposes. At the request of Mr. KENNEDY, the At the request of Ms. SNOWE, the S. 1023 names of the Senator from South Da- names of the Senator from New Jersey At the request of Mr. HATCH, the kota (Mr. DASCHLE), the Senator from (Mr. CORZINE) and the Senator from name of the Senator from New Jersey Massachusetts (Mr. KERRY), the Sen- Minnesota (Mr. COLEMAN) were added (Mr. LAUTENBERG) was added as a co- ator from New Jersey (Mr. LAUTEN- as cosponsors of S. 451, a bill to amend sponsor of S. 1023, a bill to increase the BERG), the Senator from Wisconsin (Mr. title 10, United States Code, to increase annual salaries of justices and judges FEINGOLD) and the Senator from Flor- the minimum Survivor Benefit Plan of the United States. ida (Mr. NELSON) were added as cospon- basic annuity for surviving spouses age S. 1172 sors of S. 1485, a bill to amend the Fair 62 and older, to provide for a one-year At the request of Mr. FRIST, the Labor Standards Act of 1938 to protect open season under that plan, and for name of the Senator from Kentucky the rights of employees to receive over- other purposes. (Mr. MCCONNELL) was added as a co- time compensation. S. 460 sponsor of S. 1172, a bill to establish S. 1497 At the request of Mrs. FEINSTEIN, the grants to provide health services for At the request of Mr. MCCAIN, the name of the Senator from New Jersey improved nutrition, increased physical name of the Senator from New Jersey

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11119 (Mr. CORZINE) was added as a cosponsor ginia (Mr. ROCKEFELLER), the Senator SA 1568. Mr. DASCHLE (for himself, Ms. COL- of S. 1497, a bill to amend the Commu- from Nebraska (Mr. NELSON), the Sen- LINS, Mr. CONRAD, Mr. DORGAN, Mr. DODD, nications Act of 1934 to revise and ex- ator from Indiana (Mr. BAYH), the Sen- Mr. BAUCUS, Mr. PRYOR, Mr. BINGAMAN, Mrs. LINCOLN, Mr. JOHNSON, Mr. KERRY, and Mr. pand the lowest unit cost provision ap- ator from Arkansas (Mr. PRYOR) and NELSON of Nebraska) proposed an amend- plicable to political campaign broad- the Senator from Arkansas (Mrs. LIN- ment to amendment SA 1542 proposed by Mr. casts, to establish commercial broad- COLN) were added as cosponsors of SPECTER to the bill H.R. 2660, supra. casting station minimum airtime re- amendment No. 1552 proposed to H.R. SA 1569. Mrs. BOXER submitted an amend- quirements for candidate-centered and 2660, a bill making appropriations for ment intended to be proposed to amendment issue-centered programming before pri- the Departments of Labor, Health and SA 1542 proposed by Mr. SPECTER to the bill mary and general elections, to estab- Human Services, and Education, and H.R. 2660, supra; which was ordered to lie on lish a voucher system for the purchase related agencies for the fiscal year end- the table. of commercial broadcast airtime for SA 1570. Mr. DEWINE submitted an amend- ing September 30, 2004, and for other ment intended to be proposed to amendment political advertisements, and for other purposes. SA 1542 proposed by Mr. SPECTER to the bill purposes. f H.R. 2660, supra; which was ordered to lie on S. 1531 the table. At the request of Mr. LEAHY, the AMENDMENTS SUBMITTED AND SA 1571. Mr. DEWINE submitted an amend- name of the Senator from Wyoming PROPOSED ment intended to be proposed to amendment SA 1542 proposed by Mr. SPECTER to the bill (Mr. THOMAS) was added as a cosponsor SA 1556. Mr. INHOFE submitted an amend- of S. 1531, a bill to require the Sec- ment intended to be proposed to amendment H.R. 2660, supra; which was ordered to lie on the table. retary of the Treasury to mint coins in SA 1542 proposed by Mr. SPECTER to the bill SA 1572. Mr. DODD (for himself, Mr. HAGEL, H.R. 2660, making appropriations for the De- commemoration of Chief Justice John Mr. JEFFORDS, Ms. COLLINS, Mrs. MURRAY, partments of Labor, Health and Human Serv- Marshall. Mr. DORGAN, Mr. BINGAMAN, Mr. KERRY, Ms. ices, and Education, and related agencies for S. 1545 MIKULSKI, Mr. PRYOR, Mr. COLEMAN, and Ms. the fiscal year ending September 30, 2004, and STABENOW) proposed an amendment to At the request of Mr. HATCH, the for other purposes; which was ordered to lie amendment SA 1542 proposed by Mr. SPECTER names of the Senator from Arizona on the table. to the bill H.R. 2660, supra. (Mr. MCCAIN), the Senator from New SA 1557. Mr. NELSON of Florida proposed an SA 1573. Ms. MIKULSKI submitted an Jersey (Mr. CORZINE), the Senator from amendment to amendment SA 1542 proposed amendment intended to be proposed to California (Mrs. FEINSTEIN), the Sen- by Mr. SPECTER to the bill H.R. 2660, supra. amendment SA 1542 proposed by Mr. SPECTER SA 1558. Mr. KOHL proposed an amendment ator from Delaware (Mr. CARPER), the to the bill H.R. 2660, supra; which was or- to amendment SA 1542 proposed by Mr. SPEC- Senator from Indiana (Mr. BAYH), the dered to lie on the table. TER to the bill H.R. 2660, supra. Senator from Louisiana (Ms. LAN- SA 1574. Ms. CANTWELL submitted an SA 1559. Mrs. MURRAY (for herself, Mr. DRIEU), the Senator from New York amendment intended to be proposed to KENNEDY, Mr. DODD, Mr. LEAHY, Mr. JEF- LINTON amendment SA 1542 proposed by Mr. SPECTER (Mrs. C ) and the Senator from FORDS, Mr. BINGAMAN, and Mr. JOHNSON) pro- to the bill H.R. 2660, supra; which was or- Kansas (Mr. BROWNBACK) were added as posed an amendment to amendment SA 1542 dered to lie on the table. cosponsors of S. 1545, a bill to amend proposed by Mr. SPECTER to the bill H.R. SA 1575. Mr. HARKIN (for himself, Mrs. the Illegal Immigration Reform and 2660, supra. CLINTON, Mr. CORZINE, Mr. KERRY, Mr. SA 1560. Mr. DEWINE (for himself and Mrs. Immigrant Responsibility Act of 1996 BINGAMAN, Mrs. MURRAY, and Ms. STABENOW) to permit States to determine State MURRAY) submitted an amendment intended proposed an amendment to amendment SA to be proposed to amendment SA 1542 pro- residency for higher education pur- 1542 proposed by Mr. SPECTER to the bill H.R. poses and to authorize the cancellation posed by Mr. SPECTER to the bill H.R. 2660, 2660, supra. supra. of removal and adjustment of status of SA 1576. Mr. EDWARDS submitted an SA 1561. Mr. DEWINE (for himself and Mrs. amendment intended to be proposed to certain alien students who are long- CLINTON) submitted an amendment intended term United States residents. amendment SA 1542 proposed by Mr. SPECTER to be proposed to amendment SA 1542 pro- to the bill H.R. 2660, supra; which was or- S. RES. 170 posed by Mr. SPECTER to the bill H.R. 2660, dered to lie on the table. At the request of Mr. DODD, the name supra. SA 1577. Mrs. FEINSTEIN submitted an of the Senator from Wisconsin (Mr. SA 1562. Mr. DODD (for himself, Mr. amendment intended to be proposed to FEINGOLD) was added as a cosponsor of DEWINE, Mr. KENNEDY, Mrs. LINCOLN, and amendment SA 1542 proposed by Mr. SPECTER S. Res. 170, a resolution designating Ms. LANDRIEU) submitted an amendment in- to the bill H.R. 2660, supra; which was or- the years 2004 and 2005 as ‘‘Years of tended to be proposed to amendment SA 1542 dered to lie on the table. proposed by Mr. SPECTER to the bill H.R. Foreign Language Study’’. SA 1578. Mr. DEWINE (for himself, Mr. 2660, supra; which was ordered to lie on the ALEXANDER, Ms. STABENOW, Mr. GRASSLEY, S. RES. 210 table. and Mr. VOINOVICH) proposed an amendment At the request of Mr. HATCH, the SA 1563. Mr. BINGAMAN (for himself, Mr. to amendment SA 1542 proposed by Mr. SPEC- names of the Senator from Vermont REID, and Mrs. MURRAY) submitted an TER to the bill H.R. 2660, supra. (Mr. JEFFORDS) and the Senator from amendment intended to be proposed to SA 1579. Mrs. FEINSTEIN submitted an Maryland (Mr. SARBANES) were added amendment SA 1542 proposed by Mr. SPECTER amendment intended to be proposed to as cosponsors of S. Res. 210, a resolu- to the bill H.R. 2660, supra; which was or- amendment SA 1542 proposed by Mr. SPECTER tion expressing the sense of the Senate dered to lie on the table. to the bill H.R. 2660, supra; which was or- SA 1564. Mr. COLEMAN (for himself and Ms. that supporting a balance between dered to lie on the table. COLLINS) submitted an amendment intended f work and personal life is in the best in- to be proposed to amendment SA 1542 pro- terest of national worker productivity, posed by Mr. SPECTER to the bill H.R. 2660, TEXT OF AMENDMENTS and that the President should issue a supra; which was ordered to lie on the table. proclamation designating October as SA 1565. Mrs. CLINTON submitted an ‘‘National Work and Family Month’’. amendment intended to be proposed to SA 1556. Mr. INHOFE submitted an amendment intended to be proposed to S. RES. 212 amendment SA 1542 proposed by Mr. SPECTER to the bill H.R. 2660, supra. amendment SA 1542 proposed by Mr. At the request of Mrs. FEINSTEIN, the SA 1566. Mr. KENNEDY (for himself, Ms. names of the Senator from South Da- SPECTER to the bill H.R. 2660, making COLLINS, Mr. DODD, Mr. REED, Mr. BINGAMAN, appropriations for the Departments of kota (Mr. DASCHLE), the Senator from Mrs. MURRAY, Mr. KERRY, Mr. LIEBERMAN, Minnesota (Mr. COLEMAN) and the Sen- Labor, Health and Human Services, Mr. EDWARDS, Mr. PRYOR, Mr. CORZINE, Ms. and Education, and related agencies for ator from Tennessee (Mr. FRIST) were STABENOW, Mr. AKAKA, Mr. LAUTENBERG, Mr. the fiscal year ending September 30, added as cosponsors of S. Res. 212, a SCHUMER, Mr. JEFFORDS, and Mr. HARKIN) resolution welcoming His Holiness the proposed an amendment to amendment SA 2004, and for other purposes; which was Fourteenth Dalai Lama and recog- 1542 proposed by Mr. SPECTER to the bill H.R. ordered to lie on the table; as follows: nizing his commitment to non-vio- 2660, supra. On page 19, line 16, strike ‘‘$351,295,000’’ and insert ‘‘$301,197,000’’. lence, human rights, freedom, and de- SA 1567. Mr. CONRAD (for himself, Mr. ROB- ERTS, and Mr. CRAPO) submitted an amend- On page 63, line 2, strike ‘‘$1,188,226,000, of mocracy. ment intended to be proposed to amendment which $1,025,292,000’’ and insert AMENDMENT NO. 1552 SA 1542 proposed by Mr. SPECTER to the bill ‘‘$1,238,324,000, of which $1,073,000,000’’. At the request of Ms. MIKULSKI, the H.R. 2660, supra; which was ordered to lie on On page 63, line 7, strike ‘‘$59,610,000’’ and names of the Senator from West Vir- the table. insert ‘‘$62,000,000’’.

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11120 CONGRESSIONAL RECORD — SENATE September 4, 2003 SA 1557. Mr. NELSON of Florida pro- Labor, Health and Human Services, Labor, Health and Human Services, posed an amendment to amendment SA and Education, and related agencies for and Education, and related agencies for 1542 proposed by Mr. SPECTER to the the fiscal year ending September 30, the fiscal year ending September 30, bill H.R. 2660, making appropriations 2004, and for other purposes; as follows: 2004, and for other purposes; as follows: for the Departments of Labor, Health In the matter under the heading ‘‘TRAINING On page 61, between lines 14 and 15, insert and Human Services, and Education, AND EMPLOYMENT SERVICES’’ under the head- the following: and related agencies for the fiscal year ing ‘‘EMPLOYMENT AND TRAINING ADMINISTRA- SEC. ll. (a) IN GENERAL.—To carry out ending September 30, 2004, and for TION’’ in title I, add at the end the following: programs to support graduate medical edu- cation programs in children’s hospitals other purposes; as follows: Subject to the following sentence, for nec- essary expenses of the Workforce Investment under section 340E of the Public Health Serv- On page 61, between lines 14 and 15, insert Act of 1998, including the purchase and hire ice Act (42 U.S.C. 256e et seq.), there are ap- the following: of passenger motor vehicles, the construc- propriated a total of $305,000,000, including SEC. ll. GAO STUDY AND REPORT ON THE tion, alteration, and repair of buildings and amounts otherwise made available in this PROPAGATION OF CONCIERGE other facilities, and the purchase of real Act for such programs. CARE. property for training centers as authorized (b) OFFSET.—Amounts appropriated under (a) STUDY.— by the Workforce Investment Act of 1998, title III under the heading ‘‘Program Admin- (1) IN GENERAL.—The Comptroller General $801,000,000, of which— istration’’ shall be reduced by $15,000,000. of the United States shall conduct a study on (1) $100,000,000 is available to carry out ac- concierge care (as defined in paragraph (2)) tivities described in section 132(a)(1) of that SA 1562. Mr. DODD (for himself, Mr. to determine the extent to which such care— Act (relating to adult employment and train- DEWINE, Mr. KENNEDY, Mrs. LINCOLN, (A) is used by medicare beneficiaries (as ing activities); and Ms. LANDRIEU) submitted an defined in section 1802(b)(5)(A) of the Social (2) $159,000,000 is available to carry out ac- amendment intended to be proposed to Security Act (42 U.S.C. 1395a(b)(5)(A))); and tivities described in subparagraphs (A) and amendment SA 1542 proposed by Mr. (B) has impacted upon the access of medi- (B) of section 132(a)(2) of that Act (relating care beneficiaries (as so defined) to items SPECTER to the bill H.R. 2660, making to dislocated worker employment and train- appropriations for the Departments of and services for which reimbursement is pro- ing activities and other activities for dis- vided under the medicare program under located workers); Labor, Health and Human Services, title XVIII of the Social Security Act (42 (3) $99,000,000 is available to carry out and Education, and related agencies for U.S.C. 1395 et seq.). chapter 4 of subtitle B of title I of that Act the fiscal year ending September 30, (2) CONCIERGE CARE.—In this section, the (relating to youth activities); 2004, and for other purposes; which was term ‘‘concierge care’’ means an arrange- (4) $250,000,000 is available to carry out sec- ordered to lie on the table; as follows: ment under which, as a prerequisite for the tion 169 of that Act (relating to youth oppor- On page 61, between lines 14 and 15, insert provision of a health care item or service to tunity grants); an individual, a physician, practitioner (as the following: (5) $23,000,000 is available to carry out sec- SEC. ll. In addition to any amounts oth- described in section 1842(b)(18)(C) of the So- tion 167 of that Act (relating to migrant and cial Security Act (42 U.S.C. 1395u(b)(18)(C))), erwise appropriated under this Act for the seasonal farmworker programs); support of the improved newborn and child or other individual— (6) $20,000,000 is available to carry out sec- (A) charges a membership fee or another screening for heritable disorders program au- tion 166 of that Act (relating to Native thorized under section 1109 of the Public incidental fee to an individual desiring to re- American programs); and ceive the health care item or service from Health Service Act (42 U.S.C. 300b–8), there (7) $150,000,000 is available for the acquisi- are appropriated an additional $10,000,000 to such physician, practitioner, or other indi- tion and improvement of one-stop center in- vidual; or carry out such program: Provided, That of frastructure, including acquisition of real es- the funds appropriated under this Act for the (B) requires the individual desiring to re- tate, payment of rent or utilities, improve- ceive the health care item or service from National Institutes of Health, $19,000,000 ment of technology, and staff development. shall not be available for obligation until such physician, practitioner, or other indi- The amount $6,895,199,000 in section vidual to purchase an item or service. September 30, 2004: Provided further, That the 305(a)(1) of this Act shall be deemed to be amount $6,895,199,000 in section 305(a)(1) of (b) REPORT.—Not later than the date that $7,696,199,000 and the amount $6,783,301,000 in is 18 months after the date of enactment of this Act shall be deemed to be $6,905,199,000: section 305(a)(2) of this Act shall be deemed Provided further, That the amount this Act, the Comptroller General of the to be $5,982,301,000: Provided, That of the United States shall submit to Congress a re- $6,783,301,000 in section 305(a)(2) of this Act funds appropriated in this Act for the Na- shall be deemed to be $6,773,301,000. port on the study conducted under sub- tional Institutes of Health, $370,000,000 shall section (a)(1) together with such rec- not be available for obligation until Sep- SA 1563. Mr. BINGAMAN (for him- ommendations for legislative or administra- tember 30, 2004. tive action as the Comptroller General deter- self, Mr. REID, and Mrs. MURRAY) sub- mitted an amendment intended to be mines to be appropriate. SA 1560. Mr. DEWINE (for himself proposed to amendment SA 1542 pro- and Mrs. MURRAY) submitted an SA 1558. Mr. KOHL proposed an amendment intended to be proposed to posed by Mr. SPECTER to the bill H.R. amendment to amendment SA 1542 pro- amendment SA 1542 proposed by Mr. 2660, making appropriations for the De- posed by Mr. SPECTER to the bill H.R. partments of Labor, Health and Human SPECTER to the bill H.R. 2660, making 2660, making appropriations for the De- appropriations for the Departments of Services, and Education, and related partments of Labor, Health and Human Labor, Health and Human Services, agencies for the fiscal year ending Sep- Services, and Education, and related and Education, and related agencies for tember 30, 2004, and for other purposes; agencies for the fiscal year ending Sep- the fiscal year ending September 30, which was ordered to lie on the table; tember 30, 2004, and for other purposes; 2004, and for other purposes; as follows: as follows: as follows: At the end of title III, insert the following: On page 61, between lines 14 and 15, insert SEC. 306. (a) In addition to any amounts At the appropriate place insert the fol- the following: otherwise appropriated under this Act, there lowing: SEC. ll. (a) IN GENERAL.—To provide are appropriated, out of any money in the SEC. ll. In addition to any amounts oth- funding for poison control centers under the Treasury not otherwise appropriated, an ad- erwise appropriated under this Act under the Poison Control Enhancement and Awareness ditional $20,000,000 to carry out part H of heading of ADMINISTRATION ON AGING, there Act (42 U.S.C. 14801 et seq.), there are appro- title I of the Elementary and Secondary Edu- are appropriated an additional $1,000,000: Pro- priated a total of $27,600,000, including cation Act of 1965 (school dropout preven- vided, That in addition to the amounts al- amounts otherwise made available in this tion). ready made available to carry out the om- Act for such centers. (b) Of the funds appropriated in this Act budsman program under chapter 2 of title (b) OFFSET.—Amounts appropriated under for the National Institutes of Health, VII of the Older Americans Act of 1965 (42 title III under the heading ‘‘Program Admin- $4,000,000 shall not be available for obligation U.S.C. 3058 et seq.), there are made available istration’’ for building alterations and re- an additional $1,000,000. until September 30, 2004. lated expenses for relocation shall be re- (c) The amount $6,895,199,000 in section duced by $5,300,000. SA 1559. Mrs. MURRAY (for herself, 305(a)(1) of this Act shall be deemed to be $6,915,199,000 and the amount $6,783,301,000 in Mr. KENNEDY, Mr. DODD, Mr. LEAHY, Mr. DEWINE (for himself SA 1561. section 305(a)(2) of this Act shall be deemed Mr. JEFFORDS, Mr. BINGAMAN, and Mr. and Mrs. CLINTON) submitted an to be $6,763,301,000. JOHNSON) proposed an amendment to amendment intended to be proposed to amendment SA 1542 proposed by Mr. amendment SA 1542 proposed by Mr. SA 1564. Mr. COLEMAN (for himself SPECTER to the bill H.R. 2660, making SPECTER to the bill H.R. 2660, making and Ms. COLLINS) submitted an amend- appropriations for the Departments of appropriations for the Departments of ment intended to be proposed to

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11121 amendment SA 1542 proposed by Mr. there are appropriated an additional and Education, and related agencies for SPECTER to the bill H.R. 2660, making $115,000,000 for such grants. In addition to the fiscal year ending September 30, appropriations for the Departments of any amounts otherwise appropriated under 2004, and for other purposes; as follows: Labor, Health and Human Services, this Act for Federal Work-Study Programs under part C of title IV of the Higher Edu- On page 76, between lines 10 and 11, insert and Education, and related agencies for cation Act of 1965, there are appropriated an the following: SEC. . In addition to any amounts other- the fiscal year ending September 30, additional $157,000,000 for such programs. In ll wise appropriated under this Act to carry 2004, and for other purposes; which was addition to any amounts otherwise appro- out part B of title VI of the Elementary and ordered to lie on the table; as follows: priated under this Act for the Leveraging Secondary Education Act of 1965 (20 U.S.C. Educational Assistance Partnership Program On page 70, line 12, strike ‘‘$14,174,115,000’’ 7341 et seq.), there are appropriated an addi- under subpart 4 of part A of title IV of the and insert ‘‘$14,712,115,000’’. tional $132,347,000 to carry out such part: Pro- Higher Education Act of 1965, there are ap- vided, That of the funds appropriated in this propriated an additional $33,445,000 for such SA 1565. Mrs. CLINTON submitted an Act for the National Institutes of Health, program. In addition to any amounts other- amendment intended to be proposed to $25,000,000 shall not be available for obliga- wise appropriated under this Act for Federal amendment SA 1542 proposed by Mr. tion until September 30, 2004: Provided fur- Trio programs under chapter 1 of subpart 2 of ther, That the amount $6,895,199,000 in sec- SPECTER to the bill H.R. 2660, making part A of title IV of the Higher Education tion 305(a)(1) of this Act shall be deemed to appropriations for the Departments of Act of 1965, there are appropriated an addi- be $7,027,546,000: Provided further, That the Labor, Health and Human Services, tional $160,000,000 for such programs. In addi- amount $6,783,301,000 in section 305(a)(2) of and Education, and related agencies for tion to any amounts otherwise appropriated this Act shall be deemed to be $6,650,954,000. the fiscal year ending September 30, under this Act for Gear Up programs under chapter 2 of subpart 2 of part A of title IV of 2004, and for other purposes; as follows: SA 1569. Mrs. BOXER submitted an On page 36, line 16, strike the period at the the Higher Education Act of 1965, there are appropriated an additional $57,000,000 for amendment intended to be proposed to end and insert ‘‘: Provided further, That the amendment SA 1542 proposed by Mr. amount $6,252,256,000 under the heading such programs. In addition to any amounts SPECTER to the bill H.R. 2660, making ‘Health Resources and Services’ shall be otherwise appropriated under this Act for deemed to be $6,272,256,000 of which the addi- loan cancellations under the Federal Perkins appropriations for the Departments of tional $20,000,000 shall be available for car- Loans program under part E of title IV of Labor, Health and Human Services, rying out sections 765 and 767 of the Public the Higher Education Act of 1965, there are and Education, and related agencies for Health Service Act: Provided further, That appropriated an additional $33,000,000 for the fiscal year ending September 30, the amount $4,588,671,000 under the heading such loan cancellations. In addition to any 2004, and for other purposes; which was amounts otherwise appropriated under this ‘Disease Control, Research, and Training’ ordered to lie on the table; as follows: shall be deemed to be $4,631,871,000: Provided Act for the Graduate Assistance in Areas of At the appropriate place, insert the fol- further, That the amount $1,726,846,000 under National Need program under subpart 2 of lowing: the heading ‘Public Health and Social Serv- part A of title VII of the Higher Education Act of 1965, there are appropriated an addi- SEC. . Not later than May 1, 2004, the Sec- ices Emergency Fund’ shall be deemed to be retary of Health and Human Services shall $1,756,846,000: Provided further, That the tional $13,200,000 for such program. In addi- tion to any amounts otherwise appropriated submit to the appropriate committees of amount $1,116,156,000 under the heading ‘Pub- Congress a report concerning the manner in lic Health and Social Services Emergency under this Act for the Thurgood Marshall Legal Educational Opportunity Program which the Department of Health and Human Fund’ shall be deemed to be $1,146,156,000 Pro- Services expends Federal funds for research, vided further, That the amount $6,895,199,000 under subpart 3 of part A of title VII of the Higher Education Act of 1965, there are ap- patient care, and other activities relating to in section 305(a)(1) of this Act shall be Hansen’s Disease. The report shall include— deemed to be $6,988,399,000: Provided further, propriated an additional $7,000,000 for such program. The amount $4,050 under the head- (1) the amounts provided for each research That the amount $6,783,301,000 in section project; 305(a)(2) of this Act shall be deemed to be ing ‘Student Financial Assistance’ in this title shall be deemed to be $4,500. The (2) the amounts provided to each of the 12 $6,690,101,000: Provided further, That of the treatment centers for each of research, pa- funds appropriated in this Act for the Na- amount $9,935,000 under the heading ‘Higher Education’ in this title shall be deemed to be tient care, and other activities; tional Institutes of Health, $93,200,000 shall (3) the per patient expenditure of patient not be available for obligation until Sep- $15,000,000. (b) BUDGETARY AUTHORITY.—The amount care funds at each of the 12 treatment cen- tember 30, 2004. $6,895,199,000 in section 305(a)(1) of this Act ters; and (4) the mortality rates at each of the 12 SA 1566. Mr. KENNEDY (for himself, shall be deemed to be $9,151,909,000. The amount $6,783,301,000 in section 305(a)(2) of treatment centers. Ms. COLLINS, Mr. DODD, Mr. REED, Mr. this Act shall be deemed to be $4,526,591,000. BINGAMAN, Mrs. MURRAY, Mr. KERRY, SA 1570. Mr. DEWINE submitted an Mr. LIEBERMAN, Mr. EDWARDS, Mr. SA 1567. Mr. CONRAD (for himself, amendment intended to be proposed to PRYOR, Mr. CORZINE, Ms. STABENOW, Mr. ROBERTS, and Mr. CRAPO) sub- amendment SA 1542 proposed by Mr. Mr. AKAKA, Mr. LAUTENBERG, Mr. SCHU- mitted an amendment intended to be SPECTER to the bill H.R. 2660, making MER, Mr. JEFFORDS, and Mr. HARKIN) proposed to amendment SA 1542 pro- appropriations for the Departments of proposed an amendment to amendment posed by Mr. SPECTER to the bill H.R. Labor, Health and Human Services, SA 1542 proposed by Mr. SPECTER to the 2660, making appropriations for the De- and Education, and related agencies for bill H.R. 2660, making appropriations partments of Labor, Health and Human the fiscal year ending September 30, for the Departments of Labor, Health Services, and Education, and related 2004, and for other purposes; which was and Human Services, and Education, agencies for the fiscal year ending Sep- ordered to lie on the table; as follows: and related agencies for the fiscal year tember 30, 2004, and for other purposes; On page 61, between lines 14 and 15, insert ending September 30, 2004, and for which was ordered to lie on the table; the following: other purposes; as follows: as follows: SEC. ll. In addition to any amounts oth- On the appropriate page and line, insert be- On page 27, line 2, insert before the period erwise appropriated under this Act to carry fore the period the following: ‘‘: Provided fur- the following: ‘‘: Provided further, That out mother-to-child HIV transmission pre- ther, That of the funds appropriate in this $5,000,000 shall be made available to carry vention activities, there are appropriated an Act for the National Institutes of Health, out the rural emergency medical service additional $60,000,000 to carry out such ac- $1,470,000,000 shall not be available for obliga- training and equipment assistance program tivities. tion until September 30, 1994’’. under section 330J of the Public Health Serv- On page 76, between lines 4 and 5, insert ice Act (42 U.S.C. 254c-15)’’. SA 1571. Mr. DEWINE submitted an the following: amendment intended to be proposed to SEC. ll. (a) INCREASE IN FUNDING.—In ad- SA 1568. Mr. DASCHLE (for himself, amendment SA 1542 proposed by Mr. dition to any amounts otherwise appro- Ms. COLLINS, Mr. CONRAD, Mr. DORGAN, SPECTER to the bill H.R. 2660, making priated under this Act for Federal Pell Mr. DODD, Mr. BAUCUS, Mr. PRYOR, Mr. appropriations for the Departments of Grants under subpart 1 of part A of title IV BINGAMAN, Mrs. LINCOLN, Mr. JOHNSON, Labor, Health and Human Services, of the Higher Education Act of 1965, there Mr. KERRY, and Mr. NELSON of Ne- and Education, and related agencies for are appropriated an additional $1,688,000,000 braska) proposed an amendment to the fiscal year ending September 30, for such grants. In addition to any amounts otherwise appropriated under this Act for amendment SA 1542 proposed by Mr. 2004, and for other purposes; which was Federal Supplemental Education Oppor- SPECTER to the bill H.R. 2660, making ordered to lie on the table; as follows: tunity Grants under subpart 3 of part A of appropriations for the Departments of On page 61, between lines 14 and 15, insert title IV of the Higher Education Act of 1965, Labor, Health and Human Services, the following:

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Amounts appropriated under this in the MQSA. 2004, and for other purposes; which was section shall be designated as emergency (2) REPORT.—Not later than 16 months ordered to lie on the table; as follows: spending pursuant to section 502(c) of House after the date of enactment of this Act, the In the matter under the heading ‘‘TRAINING Concurrent Resolution 95 (108th Congress). Comptroller General of the United States AND EMPLOYMENT SERVICES’’ under the head- shall submit to the Committee on Health, ing ‘‘EMPLOYMENT AND TRAINING ADMINISTRA- SA 1572. Mr. DODD (for himself, Mr. Education, Labor, and Pensions and the TION’’ in title I, add at the end the following: HAGEL, Mr. JEFFORDS, Ms. COLLINS, Committee on Appropriations of the Senate For necessary expenses of the Workforce Mrs. MURRAY, Mr. DORGAN, Mr. BINGA- and the Committee on Energy and Commerce Investment Act of 1998, including the pur- chase and hire of passenger motor vehicles, MAN, Mr. KERRY, Ms. MIKULSKI, Mr. and the Committee on Appropriations of the House of Representatives a report on the the construction, alteration, and repair of PRYOR, Mr. COLEMAN, and Ms. STABE- study described in paragraph (1). buildings and other facilities, and the pur- NOW) proposed an amendment to (b) STUDY BY THE INSTITUTE OF MEDICINE.— chase of real property for training centers as amendment SA 1542 proposed by Mr. (1) IN GENERAL.—Not later than 30 days authorized by the Workforce Investment Act SPECTER to the bill H.R. 2660, making after the date of enactment of this Act, the of 1998, $50,000,000 to carry out activities de- appropriations for the Departments of Secretary of Health and Human Services scribed in section 132(a)(2)(B) of that Act (re- Labor, Health and Human Services, shall enter into an agreement with the Insti- lating to dislocated worker employment and and Education, and related agencies for tute of Medicine of the National Academy of training activities and other activities for the fiscal year ending September 30, Sciences for the conduct of a study and the dislocated workers). There shall be trans- making of recommendations regarding the ferred from the account relating to the De- 2004, and for other purposes; as follows: following: partment of Labor’s Working Capital Fund, On page 76, between lines 10 and 11, insert (A) Ways to improve physicians’ interpre- $5,000,000 to the account relating to carrying the following: tations of mammograms, including ap- out activities described in section SEC.ll. In addition to any amounts other- proaches that could be taken under the 132(a)(2)(B) of the Workforce Investment Act wise appropriated under this Act for grants MQSA without negatively impacting access of 1998 (relating to dislocated worker em- to States under part B of the Individuals to quality mammography. ployment and training activities and other with Disabilities Education Act (20 U.S.C. (B) What changes could be made in the activities for dislocated workers). There 1411 et seq.), there are appropriated an addi- MQSA to improve mammography quality, shall be transferred from the account relat- tional $1,200,000,000 for such grants: Provided, including additional regulatory require- ing to the Department of Labor’s manage- That of the funds appropriated in this Act ments that would improve quality, as well as ment cross cut activities, $5,000,000 to the ac- for the National Institutes of Health, the reduction or modification of regulatory count relating to carrying out activities de- $84,000,000 shall not be available for obliga- requirements that do not contribute to qual- scribed in section 132(a)(2)(B) of the Work- tion until September 30, 2004: Provided fur- ity mammography, or are no longer nec- force Investment Act of 1998 (relating to dis- ther, That the amount $6,895,199,000 in sec- essary to ensure quality mammography. located worker employment and training ac- tion 305(a)(1) of this Act shall be deemed to Such reduction or modification of regulatory tivities and other activities for dislocated be $8,095,199,000: Provided further, That the requirements and improvements in the effi- workers). amount $6,783,301,000 in section 305(a)(2) of ciency of the program are important to help On page 2, line 23, strike ‘‘$276,608,000 shall this Act shall be deemed to be $5,583,301,000. eliminate disincentives to enter or remain in be for activities’’ and insert ‘‘$226,608,000 the field of mammography. shall be used with priority given to carry out SA 1573. Ms. MIKULSKI submitted (C) Ways, including incentives, to ensure the amendments made by section 203 of the an amendment intended to be proposed that sufficient numbers of adequately Trade Adjustment Assistance Reform Act of to amendment SA 1542 proposed by Mr. trained personnel at all levels are recruited 2002 and shall be for activities’’. SPECTER to the bill H.R. 2660, making and retained to provide quality mammog- appropriations for the Departments of raphy services. SA 1575. Mr. HARKIN (for himself, Labor, Health and Human Services, (D)(i) How data currently collected under Mrs. CLINTON, Mr. CORZINE, Mr. KERRY, the MQSA could be used to improve the qual- Mr. BINGAMAN, Mrs. MURRAY, and Ms. and Education, and related agencies for ity, interpretation of, and access to mam- the fiscal year ending September 30, STABENOW) proposed an amendment to mography. amendment SA 1542 proposed by Mr. 2004, and for other purposes; which was (ii) Identification of new data points that SPECTER to the bill H.R. 2660, making ordered to lie on the table; as follows: could be collected to aid in the monitoring appropriations for the Departments of On page 61, between lines 14 and 15, insert and assessment of mammography quality the following: and access. Labor, Health and Human Services, and Education, and related agencies for SEC. ll. STUDIES CONCERNING MAMMOG- (E) Other approaches that would improve RAPHY STANDARDS. the quality of and access to mammography the fiscal year ending September 30, (a) STUDY BY GAO.— services, including approaches to improving 2004, and for other purposes; as follows: (1) IN GENERAL.—The Comptroller General provisions under the MQSA. On page 76, between lines 10 and 11, insert of the United States shall conduct a study of (F) Steps that should be taken to help the following: the program established under the Mammog- make available safe and effective new SEC.ll. (a) ADDITIONAL FUNDS.— raphy Quality Standards Act of 1992 (section screening and diagnostic devices and tests (1) IN GENERAL.—In addition to any 354 of the Public Health Service Act (42 for breast cancer. amounts otherwise appropriated under this U.S.C. 263b)) (referred to in this section as (2) REPORT.—Not later than 15 months Act for the Fund for the Improvement of the ‘‘MQSA’’) to— after the date on which the agreement is en- Education under part D of title V of the Ele- (A) evaluate the demonstration program tered into under paragraph (1), the Institute mentary and Secondary Education Act of regarding frequency of inspections author- of Medicine shall complete the study de- 1965 (20 U.S.C. 7241 et seq.), there are appro- ized under section 354(g) of the Public Health scribed under such subsection and submit a priated an additional $1,000,000,000 for such Service Act (42 U.S.C. 263b(g)), including the report to the Secretary of Health and Human fund that shall be used by the Secretary of effect of the program on compliance with the Services, the Committee on Health, Edu- Education to award formula grants to State MQSA; cation, Labor, and Pensions and the Com- educational agencies to enable such State (B) evaluate the factors that contributed mittee on Appropriations of the Senate, and educational agencies— to the closing of the approximately 700 mam- the Committee on Energy and Commerce and (A) to expand existing structures to allevi- mography facilities nationwide since 2001, the Committee on Appropriations of the ate overcrowding in public schools; whether those closings were due to consoli- House of Representatives. (B) to make renovations or modifications dation or were a true reduction in mammog- (3) FUNDING.—Of the amounts appropriated to existing structures necessary to support raphy availability, explore the relationship under this title to the Office of the Secretary alignment of curriculum with State stand- between certified units and facility capacity, of Health and Human Services for general de- ards in mathematics, reading or language and evaluate capacity issues, and determine partmental management, $500,000 shall be arts, or science in public schools served by the effect these and other closings have had made available to carry out the study under such agencies; on the accessibility of mammography serv- this subsection. (C) to make emergency repairs or renova- ices, including for underserved populations, tions necessary to ensure the safety of stu- since the April 2002 General Accounting Of- SA 1574. Ms. CANTWELL submitted dents and staff and to bring public schools fice report on access to mammography; and an amendment intended to be proposed into compliance with fire and safety codes; (C) evaluate the role of States in acting as to amendment SA 1542 proposed by Mr. (D) to make modifications necessary to accreditation bodies or certification bodies, SPECTER to the bill H.R. 2660, making render public schools in compliance with the

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11123

Americans with Disabilities Act of 1990 (42 subpart 2 of part A of title IV of the Higher (b) ALTERNATIVE FEDERAL MEDICAL ASSIST- U.S.C. 12101 et seq.) and section 504 of the Re- Education Act of 1965 (20 U.S.C. 1070a–11 et ANCE PERCENTAGE.— habilitation Act of 1973 (29 U.S.C. 794); seq.), there are appropriated not more than (1) IN GENERAL.—Subject to paragraph (4), (E) to abate or remove asbestos, lead, $16,000,000 that shall be used by the Sec- the alternative Federal medical assistance mold, and other environmental factors in retary of Education to award grants to Up- percentage determined under this subsection public schools that are associated with poor ward Bound, Upbound Math/Science, and is, with respect to a State and a fiscal year, cognitive outcomes in children; and McNair grant applicants that submitted ap- 100 percent reduced by the product of 0.40 and (F) to renovate, repair, and acquire needs plications for grants under chapter 1 of sub- the ratio of— related to infrastructure of charter schools. part 2 of part A of title IV of the Higher Edu- (A) the State’s economic resources per per- (2) AMOUNT OF GRANTS.—The Secretary cation Act of 1965 (20 U.S.C. 1070a–11 et seq.) son in poverty, as defined in paragraph (2); to shall allocate amounts available for grants for fiscal year 2003 that were eligible to re- (B) the economic resources per person in under this subsection to States in proportion ceive grants but did not receive grants be- poverty for all States, as defined in para- to the funds received by the States, respec- cause the applications were received after graph (3). tively, for the previous fiscal year under part the closing date or exceeded the 100 page (2) STATE’S ECONOMIC RESOURCES PER PER- A of title I of the Elementary and Secondary limit. If the amount appropriated under this SON IN POVERTY.—For purposes of paragraph Education Act of 1965 (20 U.S.C. 6311 et seq). section is insufficient to pay the full (1)(A), except as provided in paragraph (b) OFFSET.—Of the funds appropriated in amounts that all applicants are eligible to (4)(C)(i), with respect to a State, the State’s this Act for the National Institutes of receive under this section, the Secretary economic resources per person in poverty is Health, $352,000,000 shall not be available for shall ratably reduce such amounts: Provided, the ratio of— obligation until September 30, 2004: Provided, That of the funds appropriated in this Act (A) the most recent 3-year average of the That the amount $6,895,199,000 in section for the National Institutes of Health, total taxable resources of the State, as de- 305(a)(1) of this Act shall be deemed to be $1,500,000,000 shall not be available for obliga- termined by the Secretary of the Treasury; tion until September 30, 2004: Provided fur- $7,895,199,000, and the amount $6,783,301,000 in to ther, That the amount $6,895,199,000 in sec- section 305(a)(2) of this Act shall be deemed (B) the most recent 3-year average of the tion 305(a)(1) of this Act shall be deemed to to be $5,783,301,000. number of individuals residing in the State be $6,911,199,000: Provided further, That the whose income is below the official poverty amount $6,783,301,000 in section 305(a)(2) of SA 1576. Mr. EDWARDS submitted an income threshold (as determined by the Sec- this Act shall be deemed to be $6,767,301,000. amendment intended to be proposed to retary of Commerce). amendment SA 1542 proposed by Mr. SA 1578. Mr. DEWINE (for himself, (3) ECONOMIC RESOURCES PER PERSON IN POV- ERTY FOR ALL STATES.—For purposes of para- SPECTER to the bill H.R. 2660, making Mr. ALEXANDER, Ms. STABENOW, Mr. graph (1)(B), the economic resources per per- appropriations for the Departments of GRASSLEY, and Mr. VOINOVICH) pro- Labor, Health and Human Services, son in poverty for all States is the ratio of— posed an amendment to amendment SA (A) the sum of the most recent 3-year aver- and Education, and related agencies for 1542 proposed by Mr. SPECTER to the ages determined under paragraph (2)(A) for the fiscal year ending September 30, bill H.R. 2660, making appropriations all States; to 2004, and for other purposes; which was for the Departments of Labor, Health (B) the sum of the most recent 3-year aver- ordered to lie on the table; as follows: and Human Services, and Education, ages determined under paragraph (2)(B) for On page 61, between lines 14 and 15, insert and related agencies for the fiscal year the 50 States and the District of Columbia. the following: ending September 30, 2004, and for (4) SPECIAL RULES.— SEC. ll. In addition to any amounts oth- other purposes; as follows: (A) HOLD HARMLESS; CAP ON INCREASES.— erwise appropriated in this Act for programs Subject to subparagraph (B), with respect to On page 74, line 1, strike ‘‘$409,863,000, of and activities under the Health Care Safety a State making an election under this sec- which $13,644,000’’ and insert ‘‘$406,863,000, of Net Amendments (Public Law 107-251) and tion, the alternative Federal medical assist- which $10,644,000’’. ance percentage determined for the State for the amendments made by such Act, and for On page 76, between lines 11 and 12, insert a fiscal year under this subsection— other telehealth programs under section 330 the following: (i) shall not be less than the Federal med- of the Public Health Service Act (42 U.S.C. SEC. ll. For necessary expenses for the 254b et seq), there are appropriated an addi- Underground Railroad Education and Cul- ical assistance percentage determined for tional $10,000,000 for such programs and ac- tural Program, there are appropriated the State under section 1905(b) of the Social tivities, including $2,500,000 for a minimum $3,000,000. Security Act (42 U.S.C. 1396d(b)) for the fiscal of 10 telehealth resource centers which pro- year; and vide assistance with respect to technical, SA 1579. Mrs. FEINSTEIN submitted (ii) only with respect to each of fiscal years legal and regulatory, service delivery or an amendment intended to be proposed 2004 through 2013, shall not exceed— (I) the Federal medical assistance percent- other related barriers to the deployment of to SA 1542 proposed by Mr. SPECTER to telehealth technologies, $5,000,000 for net- the bill H.R. 2660, making appropria- age determined for the State under section work grants, and $2,500,000 for grants to 1905(b) of the Social Security Act (42 U.S.C. State professional licensing boards to carry tions for the Departments of Labor, 1396d(b)) for the preceding fiscal year by out programs under which such licensing Health and Human Services, and Edu- more than 1 percent; and boards of various States cooperate to develop cation, and related agencies for the fis- (II) the alternative Federal medical assist- and implement State policies that will re- cal year ending September 30, 2004, and ance percentage determined for the State duce statutory and regulatory barriers to for other purposes; which was ordered under this subsection for the preceding fiscal telemedicine: Provided, That $30,000,000 of the to lie on the table; as follows: year by more than 1 percent. amount appropriated under this Act for the At the end of title II, insert the following: (B) OVERALL CAP.—In no event may the al- National Institutes of Health shall not be SEC. ll. (a) STATE ELECTION.— ternative Federal medical assistance per- available for obligation until September 30, (1) IN GENERAL.—In lieu of the Federal centage determined for a State for a fiscal 2004: Provided further, That the amount medical assistance percentage otherwise de- year exceed 83 percent. $6,895,199,000 in section 305(a)(1) of this Act termined for the State under section 1905(b) (C) ALASKA; DISTRICT OF COLUMBIA.— shall be deemed to be $6,905,199,000: Provided of the Social Security Act (42 U.S.C. 1396d(b)) (i) ALASKA.—In the case of Alaska, the further, That the amount $6,783,301,000 in sec- (without regard to the application of section State’s economic resources per person in tion 305(a)(2) of this Act shall be deemed to 401 of the Jobs and Growth Tax Relief Rec- poverty is the ratio of— be $6,773,301,000. onciliation Act of 2003 (42 U.S.C. 1396d note)), (I) the most recent 3-year average of the a State may elect to have the alternative total taxable resources of the State, as de- SA 1577. Mrs. FEINSTEIN submitted Federal medical assistance percentage deter- termined by the Secretary of the Treasury; an amendment intended to be proposed mined under subsection (b) apply to the to to amendment SA 1542 proposed by Mr. State for purposes of expenditures under (II) the most recent 3-year average of the SPECTER to the bill H.R. 2660, making title XIX of the Social Security Act (42 number of individuals residing in the State appropriations for the Departments of U.S.C. 1396 et seq.) for fiscal years beginning whose income is below the official poverty on or after the date of such an election, but income threshold (as determined by the Sec- Labor, Health and Human Services, retary of Commerce), multiplied by 1.05. and Education, and related agencies for only with respect to expenditures under title XIX of such Act that exceed the total (ii) DISTRICT OF COLUMBIA.—The alternative the fiscal year ending September 30, amount of expenditures incurred under that Federal medical assistance percentage for 2004, and for other purposes; which was title with respect to the State for fiscal year the District of Columbia for any fiscal year ordered to lie on the table; as follows: 2003. is 70 percent. On page 76, between lines 10 and 11, insert (2) IRREVERSIBLE ELECTION.—A State elec- (c) SCOPE OF APPLICATION.—An election the following: tion under paragraph (1) shall be irreversible. under this section shall apply only for pur- SEC. ll. In addition to any amounts oth- (3) LIMITATION.—A State may not make an poses of title XIX of the Social Security Act erwise appropriated under this Act for the election under paragraph (1) before October (42 U.S.C. 1396 et seq.) and shall not apply Federal Trio programs under chapter 1 of 1, 2003. with respect to—

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11124 CONGRESSIONAL RECORD — SENATE September 4, 2003 (1) disproportionate share hospital pay- September 4, 2003, at 10:00 a.m., to hear and Professor of Government, Patrick ments described in section 1923 of such Act testimony regarding U.S.-Cuba Eco- Henry College, Purcellville, VA; Prof. (42 U.S.C. 1396r–4); nomic Relations. Dale Carpenter, Associate Professor of (2) payments under title IV or XXI of such The PRESIDING OFFICER. Without Law, University of Minnesota Law Act (42 U.S.C. 601 et seq., 1397aa et seq.); or (3) any payments under XIX of such Act objection, it is so ordered. School, Minneapolis, MN; Mr. Keith that are based on the enhanced FMAP de- COMMITTEE ON THE JUDICIARY Bradkowski, San Francisco, CA. scribed in section 2105(b) of such Act (42 Mr. DEWINE. Madam President, I ask The PRESIDING OFFICER. Without U.S.C. 1397ee(b)). unanimous consent that the Com- objection, it is so ordered. (d) DEFINITION OF STATE.—In this section, mittee on the Judiciary be authorized SUBCOMMITTEE ON SCIENCE, TECHNOLOGY, AND the term ‘‘State’’ has the meaning given to meet to conduct a markup on Thurs- SPACE such term for purposes of title XIX of the So- day, September 4, 2003, at 9:30 a.m. in Mr. DEWINE. Madam President, I ask cial Security Act (42 U.S.C. 1396 et seq.). Dirksen Room 226. unanimous consent that the Sub- f Agenda committee on Science, Technology and NOTICES OF HEARINGS/MEETINGS Space be authorized to meet on Sep- I. Nominations: Henry W. Saad to be tember 4, 2003, at 3:30 pm on a new kind SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS United States Circuit Judge for the of science. Mr. CRAIG. Madam President, I Sixth Circuit; Larry Alan Burns to be The PRESIDING OFFICER. Without would like to announce for the infor- United States District Judge for the objection, it is so ordered. mation of the Senate and the public Southern District of California; Glen E. that the Subcommittee on Public Conrad to be United States District f Lands and Forests of the Committee on Judge for the Western District of Vir- PRIVILEGE OF THE FLOOR ginia; Henry F. Floyd to be United Energy and Natural Resources will Mr. JEFFORDS. Madam President, I States District Judge for the District hold a hearing on September 11, 2003 at ask unanimous consent that Dan of South Carolina; Kim R. Gibson to be 2:30 p.m. Crimmins, a fellow on my staff, be United States District Judge for the The hearing was originally scheduled granted floor privileges during our con- Western District of Pennsylvania; Mi- to consider S. 432, S. 849, and S. 511. In sideration of the fiscal year 2004 Labor- chael W. Mosman to be United States addition to these bills, the Committee HHS-Education appropriations bill. will now consider S. 1582, which would District Judge for the District of Or- amend the Valles Caldera Preservation egon; Dana Makoto Sabraw to be f Trust Act. United States District Judge for the ORDERS FOR FRIDAY, SEPTEMBER Because of the limited time available Southern District of California; 5, 2003 for the hearing, witnesses may testify Mauricio J. Tamargo to be Chairman of by invitation only. However, those the Foreign Claims Settlement Com- Mr. SESSIONS. Madam President, I wishing to submit written testimony mission of the United States. ask unanimous consent that when the for the hearing record should send two II. Bills: S.J. Res. 1, A joint resolu- Senate completes its business today, it copies of their testimony to the Com- tion proposing an amendment to the adjourn until 9:15 a.m., Friday, Sep- mittee on Energy and Natural Re- constitution of the United States to tember 5. I further ask unanimous con- sources, United States Senate, SD–364, protect the rights of crime victims sent that following the prayer and Washington, D.C. 20510–6150 prior to the [KYL, CHAMBLISS, CORNYN, CRAIG, pledge the morning hour be deemed ex- hearing date. DEWINE, FEINSTEIN, GRAHAM, GRASS- pired. For further information, please con- LEY]; S. 1451, Runaway, Homeless, and I assume we will still be able to have tact Frank Gladics, Dick Bouts, or Missing Children Protection Act a prayer and pledge in this body and Meghan Beal (202–224–7556). [HATCH, LEAHY]. that the courts will not have struck it The PRESIDING OFFICER. Without down sometime in the interim. f objection, it is so ordered. I ask unanimous consent that the AUTHORITY FOR COMMITTEES TO SELECT COMMITTEE ON INTELLIGENCE morning hour be deemed expired, the MEET Mr. DEWINE. Madam President, I ask Journal of proceedings be approved to unanimous consent that the Select date, the time for the two leaders be COMMITTEE ON ARMED SERVICES reserved for their use later in the day, Mr. DEWINE. Madam President, I ask Committee on Intelligence be author- ized to meet during the session of the and the Senate then resume consider- unanimous consent that the Com- ation of H.R. 2660, the Labor-HHS-Edu- mittee on Armed Services be author- Senate on Thursday, September 4 at 2:30 p.m. to hold a closed hearing. cation appropriations bill, with the ized to meet during the session of the time until 9:30 a.m. equally divided be- Senate on September 4, 2003 at 9:30 The PRESIDING OFFICER. Without objection, it is so ordered. tween the two bill managers or their a.m., in open and closed session to re- designees; provided that at 9:30 a.m. ceive testimony on the proposed lease SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS AND PROPERTY RIGHTS the Senate proceed to a vote in rela- of 100 KC–767 aerial refueling tanker tion to the Clinton amendment No. aircraft by the U.S. Air Force. Mr. DEWINE. Madam President, I ask unanimous consent that the Com- 1565, to be immediately followed by a The PRESIDING OFFICER. Without vote in relation to the Harkin amend- objection, it is so ordered. mittee on the Judiciary Subcommittee on the Constitution, Civil Rights and ment No. 1575; provided further that no COMMITTEE ON ENERGY AND NATURAL amendments be in order to either RESOURCES Property Rights be authorized to meet to conduct a hearing on ‘‘What is Need- amendment prior to the vote, and there Mr. DEWINE. Madam President, I ask ed to Defend the Bipartisan Defense of be 5 minutes for debate equally divided unanimous consent that the Com- Marriage Act of 1996,’’ on Thursday, in the usual form prior to the second mittee on energy and natural resources September 4, 2003, at 2:00 p.m. in SD226. vote. be authorized to meet during the ses- The PRESIDING OFFICER. Is there sion of the Senate on Thursday, Sep- Witness List objection? tember 4th at 10:00 a.m. The purpose of Panel I: Rev. Dr. Ray Alexander Mr. REID. Madam President, reserv- this hearing is to receive testimony on Hammond II, Pastor, Bethel AME ing the right to object, I say through the Department on Energy Polygraph Church, Boston, MA; Mrs. Maggie Gal- the Chair to the distinguished acting Program. lagher, President, Institute for Mar- leader that as of this evening we have The PRESIDING OFFICER. Without riage and Public Policy, New York, NY; worked now for 2 days to come up with objection, it is so ordered. Mr. Gregory S. Coleman, Esq., Weil a finite list of amendments on our side. COMMITTEE ON FINANCE Gotshal & Manges LLP, Former Solic- My friend, the manager of the bill, the Mr. DEWINE. Madam President, I ask itor General, State of Texas, Austin, Senator from Pennsylvania, Mr. SPEC- unanimous consent that the Com- TX; Mr. Michael P. Farris, Esq., Chair- TER, has asked me about this. If he has mittee on Finance be authorized to man & General Counsel, Home School asked me once, he has asked me 15 meet during the session on Thursday, Legal Defense Association, President times. We came up with a list. And now

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — SENATE S11125 tonight we can’t get approval from the man and ranking member will be here FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS majority that this is a finite list. I to accommodate those Members who 624 AND 531: really do not understand that. I hope it are available to offer amendments to- To be major is just some clerical problem or some morrow. KIMBERLY L. * ARNAO, 0000 Senator who maybe couldn’t be con- BRIAN L. * BENGS, 0000 f SCOTT D. * BOEHNE, 0000 tacted. But I hope after all we have JANE E. * BOOMER, 0000 been through that we would have an ADJOURNMENT UNTIL 9:15 A.M. THERESA A. * BRUNO, 0000 TOMORROW JOSHUA T. * BURGESS, 0000 agreement tomorrow on a finite list of THOMAS E. * BYRON, 0000 amendments on this most important Mr. SESSIONS. Madam President, if JOHN A. CARR, 0000 OLGA M. * CORNELL, 0000 bill. there is no further business to come be- DOUGLAS F. * CRABTREE, 0000 I say that we are trying to help. We fore the Senate, I ask unanimous con- RICHARD L. * DASHIELL, 0000 JOSEPH F. * DENE, 0000 understand. I spoke to the two leaders sent that the Senate stand in adjourn- CHAD L. * DIEDERICH, 0000 today. As soon as we complete this bill, ment under the previous order. PATRICK D. * DYSON, 0000 GINA M. * EAKER, 0000 we will go to the energy and water ap- There being no objection, the Senate, JAMES S. * FLANDERS, 0000 propriations bill, which is an extremely at 8:20 p.m., adjourned until Friday, MICHAEL J. * FREYERMUTH, 0000 GLEN L. * FUNKHOUSER JR., 0000 important bill. It is a $25 billion bill September 5, 2003, at 9:15 a.m. STEPHEN P. * GANTER, 0000 which is all nondiscretionary money. It ROBERT M. * GERLEMAN, 0000 f JOHN E. * GILLILAND, 0000 is money to fund the nuclear weapons EDWARD D. * GRAY, 0000 program in addition to many other NOMINATIONS MOISETTE INTONYA * GREEN, 0000 TOMMY E. GREGORY, 0000 very important programs that are im- Executive nominations received by STEVEN J. * GROCKI, 0000 portant around our country, including the Senate September 4, 2003: JAMES J. * GROSS, 0000 ROBERT S. * HALL, 0000 the Bureau of Reclamation, the Corps IN THE AIR FORCE KATHLEEN J. HARTMAN, 0000 of Engineers, and other multibillion- MARTIN A. * HOFFMAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JULIE J. R. * HUYGEN, 0000 dollar programs. TO THE GRADE INDICATED IN THE UNITED STATES AIR JOSEPH S. IMBURGIA, 0000 I hope we can move forward and con- FORCE AND FOR REGULAR APPOINTMENT UNDER TITLE KIMBERLY M. * JOHNSON, 0000 10, U.S.C., SECTIONS 624 AND 531: clude this legislation. It seems rather STEVEN M. * KELSO, 0000 To be major RICHARD H. LADUE JR., 0000 strange, as far as I am concerned, that LUCAS J. * LANDRENEAU, 0000 STEPHEN W. HUMPHREY, 0000 BRADFORD U. * LARSON, 0000 the minority is talking about moving DAVID B. ROYAL, 0000 MICHELLE M. * LINDO, 0000 an appropriations bill, but that is the RANDY J. YOVANOVICH, 0000 TERESA G. * LOVE, 0000 way it is. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DEBRA A. LUKER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR ROBERT E. * LUTTRELL III, 0000 We have said all week that we have FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED JENNIFER KLEIN * MARTWICK, 0000 one issue that we had to vote on next BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS RICHARD J. V. * MARTWICK, 0000 624 AND 531: CHRISTOPHER * MCMAHON, 0000 week for obvious reasons. We have to CAREY A. * MERRILL, 0000 have four Democratic Senators who are To be major MARK A. * MICCHIO, 0000 SERGIO C. MUNIZ JR., 0000 running for President. We want to NELSON * ARROYO, 0000 THANH LAN BICH * NGUYEN, 0000 make sure they are all here. That has KENNETH R. * BEALE, 0000 CHRISTOPHER J. * NOWICKI, 0000 DONNETTE A. * BOYD, 0000 MYNDA L. G. * OHMAN, 0000 been recognized by Senator SPECTER BILL * BURRELL, 0000 BRUCE D. * PAGE JR., 0000 and by the majority leader. We had a HENRY E. * CLOSE III, 0000 JOSEPH P. * PIAZZA, 0000 MARK A. * CRUMPTON, 0000 LYNDELL M. * POWELL, 0000 tentative time set up to do that. MICHAEL L. * DANIEL, 0000 SLOAN M. P. * PYE, 0000 I hope before we adjourn tomorrow SHANE C. * GASTER, 0000 KATHLEEN V. E. * REDER, 0000 GLENN A. * HAWKINS, 0000 ERICA L. * RICHARDSON, 0000 that we can get the agreement that has KENNETH M. * JENKINS, 0000 LACHANDRA C. * RICHARDSON, 0000 been prepared by both staffs. I think it GASTON L. * JONES JR., 0000 RICHARD W. * ROCKENBACH II, 0000 DAVID L. * MANSBERGER, 0000 ANGELA P. * ROSE, 0000 would move toward concluding this SHON * NEYLAND, 0000 KENNETH W. * SACHS, 0000 legislation. But also I think it sets the MICHAEL S. * RASH, 0000 SHELLY W. * SCHOOLS, 0000 WARREN K. * ROBINSON, 0000 STEPHEN E. * SEE, 0000 proper tone for what is going to be a SCOTT L. * RUMMAGE, 0000 SHANNON L. * SHERWIN, 0000 most difficult remaining legislative PAUL D. * SUTTER, 0000 KATHRYN E. * STENGELL, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVIN P. * STIENS, 0000 session this year. TO THE GRADE INDICATED IN THE UNITED STATES AIR BRIAN J. * SUCKMAN, 0000 I have no objection to the request by FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED JOHN G. * TERRA, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS JILL M. * THOMAS, 0000 the Senator from Alabama. 624 AND 531: MARK DANIEL * TRUJILLO, 0000 The PRESIDING OFFICER. Without To be major MATTHEW D. * VANDALEN, 0000 objection, it is so ordered. SHAWN E. * VANDENBERG, 0000 JAMES J. * BALDOCK IV, 0000 DANIEL L. * WARNOCK, 0000 Mr. SESSIONS. Madam President, I WENDY L. BARNES, 0000 DAVID J. * WESTERN, 0000 SANDRA K. * WHITTINGTON, 0000 note that Senator SPECTER certainly DAVID M. * BERTHE, 0000 JOHN R. * BROOKS, 0000 KEVIN J. * WILKINSON, 0000 has been working our side to get that KENNETH S. * BROWN, 0000 JAMES M. WINNER, 0000 agreement. Without dispute, there will RICHARD T. * BROYER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SHELLI R. * CANNONDEKREEK, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR certainly be far fewer amendments pur- MELANIE C. * CARINO, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED sued to vote on from the Democratic MELISSA L. * CHECOTAH, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS JASON D. * EITUTIS, 0000 624 AND 531: side. But that is all right. I know the PATRICIA D. * FOWLER, 0000 Senator is close to having that done. I SABINA C. * GARRETT, 0000 To be major DOUGLAS A. * GIMLICH, 0000 thank the Senator for working his side. JOHN F. * GINNITY JR., 0000 DAVID H. * ADAMS JR., 0000 JERRY A. * HARVEY, 0000 TIMOTHY P. * ALLMANN, 0000 f RICHARD T. * HAWK, 0000 MICHELLE D. * AMBROSE, 0000 JEFFREY G. HENDERSON, 0000 STEVEN M. ANDERSON, 0000 PROGRAM KEITH A. * HIGLEY, 0000 BARBARA J. * AUSTEN, 0000 JOSEPH G. D. * IBANEZ, 0000 VERONA * BOUCHER, 0000 Mr. SESSIONS. Madam President, RANDALL C. LAMBERT, 0000 DARRYN N. * BRYANT, 0000 for the information of all Senators, to- GENE A. * LONG, 0000 DANE V. * CAMPBELL, 0000 CAMILLE R. * LOONEY, 0000 BRETT R. * CARNER, 0000 morrow the Senate will resume debate PATRICK A. * MARTINEZ, 0000 LISA L. * CAULDER, 0000 on the Labor-HHS-Education appro- RICHARD L. * MAY II, 0000 CARLOS M. * CEBOLLERO, 0000 MARK R. * MEERSMAN, 0000 JOHN D. CHILDS, 0000 priations bill. At approximately 9:30 JOSELITO C. * MENESES, 0000 CHRISTOPHER D. * CLINE, 0000 a.m., the Senate will begin two back- SEAN P. * MURPHY, 0000 JAMES R. * COKER, 0000 MICHAEL A. * NIELSEN, 0000 BRIAN L. * COSTELLO, 0000 to-back rollcall votes. The first vote MICHAEL C. * ORR, 0000 ANTHONY S. * CUNNINGHAM, 0000 will be in relation to the Clinton ROBERT M. * PAZ, 0000 JAMES P. * CZARZASTY, 0000 KATHY * PFLANZ, 0000 LORA * DARBOPIETSZAK, 0000 amendment on bioterrorism workforce, KEVIN S. * SMITH, 0000 AMIE W. * DARYANANI, 0000 which will be immediately followed by RICHARD K. * SMITH, 0000 JAMES A. * DAUBER, 0000 SCOT S. SPANN, 0000 BRYAN TERRI * DAVIS, 0000 a vote in relation to the Harkin amend- MARVIN W. * TODD, 0000 DONALD P. * DORENKAMP, 0000 ment on school renovation. Following KEVIN J. WATSON, 0000 TAM T. * DUONG, 0000 THOMAS E. * WILLIFORD, 0000 DAVID O. * EDDINGTON, 0000 those votes, Members are encouraged BRIAN K. * WYRICK, 0000 DAVID R. * ENGLERT, 0000 to remain in the Chamber to offer and FRANK M. * FISCHER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GABRIEL P. * FLORIT, 0000 debate their amendments. The chair- TO THE GRADE INDICATED IN THE UNITED STATES AIR KRISTINE F. * FUMIA, 0000

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 9801 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11126 CONGRESSIONAL RECORD — SENATE September 4, 2003

CLARENCE D. A. * GAGNI, 0000 KAREN E. * DEATON, 0000 CHRISTOPHER B. * ANDERSON, 0000 OSCAR K. * GIBBS, 0000 SUSAN F. * DUKES, 0000 HEATHER J. * ANDERSON, 0000 ANITA M. * GLENNRELLER, 0000 APRIL L. * ECKERMAN, 0000 JAMES G. ANDERSON, 0000 REVONDA L. * GRAYSON, 0000 STEVEN W. * FLEMING, 0000 JOHN M. * ANDERSON, 0000 DANIEL K. * GULLEKSON, 0000 KATHLEEN T. * FOULK, 0000 RANDALL H. * ANDERSON, 0000 STEPHEN P. * HAMM, 0000 EDMOND V. * GERNER JR., 0000 WILLIAM S. * ANDERSON, 0000 AMY E. * HAYNES, 0000 JERRY R. * GINGRICH, 0000 JEREMY A. * ANFINSON, 0000 GARRETT L. * HEITMANN, 0000 MICHELLE L. * GONZALES, 0000 JOHN J. ANTEDOMENICO, 0000 BARRIE J. * HIGHBY, 0000 ANGELA R. * GONZALEZ, 0000 REBECCA LYNN * ANTONAK, 0000 NEIL A. * HOLDER, 0000 NEIL J. * GOTHIER, 0000 STANLEY B. * ARANT, 0000 FREEMAN HOLIFIELD JR., 0000 KIMBERLY A. * GRAHAM, 0000 GEOFFREY B. * ARING, 0000 NEIL MICHAEL * HORNER, 0000 CHRISTINE R. * GUNDEL, 0000 MICHAEL M. * ARMIJO, 0000 TIMOTHY J. * HORNYAK, 0000 GERALD W. * HALL JR., 0000 BRIAN S. ARMSTRONG, 0000 TIMOTHY D. * HOWERTON, 0000 MELODY L. * HEUSDENS, 0000 JOSHUA D. * ARMSTRONG, 0000 RICHARD * HUTCHISON, 0000 OVELLA J. * HILLERY, 0000 TIMOTHY J. * ARNOLD, 0000 ALISA * IRIYE, 0000 JOACHIM M. * JERNANDER, 0000 CHARLES D. * ASHMORE JR., 0000 MARK W. * ISAJIW, 0000 PATRICIA I. * JOHN, 0000 MICA L. * ASHMORE, 0000 JAMES R. * KAHLER, 0000 KELLIE A. * JOHNSON, 0000 ISREAL L. * ASKEW JR., 0000 SHELBI J. * KANESHIRO, 0000 MICHAEL J. * JOHNSON, 0000 BRIAN J. * AULT, 0000 PHILIP A. * KEMP, 0000 MARINA L. * JOHNSTON, 0000 RICHARD M. * AUSEMS, 0000 CLIFFORD P. * LAPP, 0000 PHYLLIS F. JONES, 0000 KEITH D. * AYOTTE, 0000 DEREK J. * LARBIE, 0000 NANCY A. * KEITHLEY, 0000 MARK E. AZUA, 0000 HUEY * LATHAM III, 0000 CYNTHIA * LOCKE, 0000 RICHARD A. * BABCOCK, 0000 DEBRA A. * LEE, 0000 KATHERINE A. * LONDON, 0000 JEFFREY L. BABINSKI, 0000 DARIN R. LEREW, 0000 DAISY * LOPEZ, 0000 BRIAN K. * BAILEY, 0000 LAURA M. * LOCHNER, 0000 LESTER P. * LORETO, 0000 JAMES R. * BAILEY JR., 0000 DENISE ANN * LOCKHART, 0000 KATHERINE M. * LOWRY, 0000 RICHARD W. * BAILEY, 0000 PAULINE M. * LUCAS, 0000 KIMBERLY L. * MANNING, 0000 WILLIAM C. BAILEY, 0000 MARYBETH E. * LUNA, 0000 KATHLEEN MARTIN, 0000 ELAINE S. * BAIN, 0000 EILEEN K. * LUTERZO, 0000 MARIA DE RIVERA * MELENDEZ, 0000 CHRISTOPHER H. * BAIRD, 0000 GUY R. MAJKOWSKI, 0000 KIMBERLY B. * MERRITT, 0000 JOY O. * BAITY, 0000 JUDY A. * MANNO, 0000 MARY F. * MULLINS, 0000 STEVEN L. * BAKER, 0000 JUDITH NMI * MARTELL, 0000 BRENT D. * MUMPOWER, 0000 GREGORY T. * BALDWIN, 0000 DAMIAN G. * MCCABE, 0000 GERALDINE G. * NELSON, 0000 RICHARD J. * BALDWIN, 0000 CHARLES S. * MCCALEB, 0000 BRADLEY D. * NIELSEN, 0000 JEFFREY A. * BALTES, 0000 CRAIG A. * MCCLUER, 0000 NICOLE R. * OGBURN, 0000 ROBERT J. * BANDSTRA, 0000 SHARISSE D. * MCCOY, 0000 JULIE R. * OSTRAND, 0000 DERRICK M. * BANKS, 0000 RAYMOND M. * BARBEN, 0000 JEFFREY E. * MCLEAN, 0000 NANCY L. * PAPPAS, 0000 RICHARD T. * BARBER, 0000 LILLIE M. * MELLS, 0000 JOEY P. * PASKEVICIUS, 0000 DAVID C. BARES, 0000 TRACY L. * MIDDLETON, 0000 THOMAS A. * PAXTON, 0000 CODY W. * BARKER, 0000 TIFFANY J. MORGAN, 0000 DEEANN M. * PERKUCHIN, 0000 MARTIN W. BARKER, 0000 ERIN K. * MORRIS, 0000 ANN M. * PERRY, 0000 PATRICK A. * BARNETT, 0000 BRIAN T. MUSSELMAN, 0000 DONNA M. * QUIST, 0000 STEVEN J. * BAROSKO, 0000 MARIO G. * NICOLAS, 0000 DONNA L. * RAU, 0000 SHANE A. * BARRETT, 0000 WANDA L. * NORRIS, 0000 RHONDA L. * RICHTER, 0000 ALLAN D. BARTOLOME, 0000 KARL S. * OGILVIE, 0000 JERRY D. * RUMBACH, 0000 LOYD E. BARTON, 0000 ERIC V. * OLSEN, 0000 TAMARA * RYAN, 0000 AARON C. * BASS, 0000 KAREN A. * ORTS, 0000 MICHELE Y. * SHELTON, 0000 GLENN * BASSO, 0000 EDMUND * OSEIWUSU, 0000 DEBRA A. * SHELWOOD, 0000 PATRICK E. * BAUGHAN, 0000 DENNIS * OSULLIVAN, 0000 WARD J. * SIERT, 0000 MICHAEL V. BAUTISTA, 0000 LYNN A. * PADILLA, 0000 RANDALL L. * SIRMANS, 0000 DAVID J. * BAWCOM, 0000 BERLINDA A. * PADILLAOTTO, 0000 DEBRA A. * SMITH, 0000 LYNNE M. * BAYLEY, 0000 DANIEL N. * PARK, 0000 JAMES S. * SPEIGHT, 0000 BAKER B. BEARD, 0000 VIRGINIA ANNE * PARKER, 0000 MELISSA M. * STECKLER, 0000 JOHN T. BEATTIE, 0000 SHANNON L. * PHARES, 0000 JENNIFER A. * STEILS, 0000 BRAD L. * BEATTY, 0000 ROBERT T. * POHLER, 0000 JAMES A. * STRYD, 0000 ELISSA C. BEDDOW, 0000 PHILLIP T. * POTTER, 0000 BARBARA A. * SUSEN, 0000 JOHN D. * BEDINGFIELD, 0000 JESSE W. * RICHARDSON, 0000 PATRICIA A. B. * TATE, 0000 ROBERT L. * BEHNKEN, 0000 TODD M. * ROCK, 0000 BART A. * THOMAS, 0000 BRADY C. BEIGH, 0000 JAMES P. * RONYAK JR., 0000 LINDA J. * THOMAS, 0000 LAUNA J. BELLUCCI, 0000 JAVIER * RUIZ, 0000 BEVERLY A. * THORNBERG, 0000 JON C. * BENDER, 0000 JEFFREY G. * RUTTER, 0000 JAMES J. * TORBETT, 0000 MICHAEL D. * BENNES, 0000 DAVID A. * SANCHEZ, 0000 TONI L. * TURNIPSEED, 0000 DANIEL W. * BENNETT, 0000 DEBORAH K. * SCHUEREN, 0000 KARIN P. * VANDOREN, 0000 MARCEL L. BENOIT, 0000 JON M. * SEELEY, 0000 CYNTHIA A. * WARATUKE, 0000 JAMES L. * BENSLAY JR., 0000 THOMAS L. * SHAAK, 0000 PAUL S. * WARD, 0000 J. D. * BENSON JR., 0000 JAMES E. * SHIELDS, 0000 JULIANA * WEEKS, 0000 STEVEN A. BENTON JR., 0000 JOANNA L. * SHOWEN, 0000 CANDY S. * WILSON, 0000 DAVID W. BERG, 0000 JOSEPH W. SILVERS, 0000 KEITH A. * WILSON, 0000 LYNN A. * BERG, 0000 KARI K. * SMITH, 0000 PAULA M. * WINTERS, 0000 BRIAN K. BERGERON, 0000 JULIA N. * SUNDSTROM, 0000 KATHERINE S. * WOFFORD, 0000 CHARLES WILSON * BERGERON, 0000 SCOTT E. * SWINGLE, 0000 PAMELA J. * YOUNG, 0000 TREVIS D. * BERGERT, 0000 JAMES C. * TANNER, 0000 DEEDRA L. * ZABOKRTSKY, 0000 DAVID A. * TORRES, 0000 STEPHEN E. * BERGEY, 0000 BRUCE K. * TOWERS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TODD D. BERGMAN, 0000 BARBARA E. * TUCKER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR ARTHUR J. BERMEL JR., 0000 JOSEPH A. * VANCE, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED REBECCA B. BERNARDINI, 0000 DAVID C. * WALMSLEY, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS RAYMOND BERNIER, 0000 JAMES E. * WARE, 0000 624 AND 531: DARREN W. * BERRY, 0000 JEFFREY S. * WEST, 0000 To be major STANLEY M. * BERRY, 0000 MATTHEW C. * WEST, 0000 PETER A. BERUBE, 0000 ROSS K. * WHITMORE, 0000 JOHN T. AALBORG JR., 0000 BRIAN J. * BEVERIDGE, 0000 JACKIE E. * WILKS, 0000 PAUL H. ABAIR, 0000 DAVID L. BIBIGHAUS, 0000 THOMAS L. * WILLIAMS, 0000 JEFFREY M. ABRAHAM, 0000 JOHN V. * BIELECKI, 0000 RICHARD L. WOODRUFF JR., 0000 ARIEL O. * ACEBAL, 0000 RODNEY D. * BIENFANG, 0000 WENDYANN R. * WYATT, 0000 TERRENCE A. * ADAMS, 0000 JAMES J. BIERYLA, 0000 CHRISTOPHER P. * WYNENS, 0000 LISA D. ADAMSMCNEME, 0000 ROBERT L. * BILLINGS, 0000 ELIZABETH M. * YOGERST, 0000 THOMAS L. * ADKINS II, 0000 JONATHAN A. * BISHOP, 0000 BRIAN A. * YOUNG, 0000 SCOTT A. * AEBI, 0000 MICHAEL W. * BISHOP, 0000 JAMES A. * YOUNG, 0000 CHRISTOPHER M. * AFFUL, 0000 MARK W. BJORGEN, 0000 FRANCIS B. * AFINIDAD, 0000 MICHAEL B. BLACK, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ALLISON L. * AGAR, 0000 CATHY B. * BLACKLOCK, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR INES M. AGOSTO, 0000 JEFFREY L. * BLACKMON, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED MINNA A. AHLMANN, 0000 JOHN C. * BLACKWELL, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS DAVID KARL * AHRENS, 0000 CONNOR S. BLACKWOOD, 0000 624 AND 531: ROLAND * AKINS III, 0000 TONI L. * BLAIR, 0000 To be major HOBART R. ALFORD, 0000 STEPHEN K. * BLAKE, 0000 BRENT B. * ALLEN, 0000 JONATHAN N. BLAND, 0000 LAURIE A. ABNEY, 0000 CRAIG D. ALLEN, 0000 JAMES F. * BLANKENSHIP, 0000 REGINA D. * AGEE, 0000 JACK E. * ALLEN, 0000 ROCCO A. * BLASI II, 0000 DARRELL T. * AINSWORTH, 0000 JAYSON L. * ALLEN, 0000 DANIEL D. * BLEVINS, 0000 KEITH R. * ANDERSON, 0000 RONALD GENE * ALLEN JR., 0000 STEVE L. BLEVINS, 0000 NICOLE H. * ARMITAGE, 0000 THOMAS W. ALLEN, 0000 EDWARD A. * BLITT, 0000 TONEY L. * BANKS, 0000 CHRISTOPHER J. * ALLEY, 0000 MARK E. BLOMME, 0000 LESLIE C. * BARKER, 0000 MATTHEW L. * ALLEY, 0000 MARGARET I. * BLOOM, 0000 KEVIN L. * BIZER, 0000 AARON T. ALLGEYER, 0000 GRAHAM K. BLOXOM, 0000 SINETTA A. * BLUNT, 0000 DONALD S. ALLISON, 0000 PAUL A. * BLUE, 0000 DAWN B. * BROOKS, 0000 EDUARDO E. * ALONSO, 0000 SAMUEL N. * BLUNT, 0000 SAHVER * BURNHAM, 0000 JOSEPH R. * ALTHOFF III, 0000 JOSEPH A. * BOBROWSKI, 0000 PERRY A. * CARLSON, 0000 RYAN C. * AMEELE, 0000 BRIAN K. * BOGUE, 0000 WILLIAM A. * CHANCE, 0000 RICHARD P. AMISANO JR., 0000 LELAND B. BOHANNON, 0000 CATHERINE C. * CLARK, 0000 ANTHONY P. * AMOROSO, 0000 DAVID A. * BOLES, 0000 JONI M. * CLEMENS, 0000 KOREY E. AMUNDSON, 0000 MICHAEL S. * BOLLING, 0000 ELIZABETH * COLON, 0000 MARK C. ANARUMO, 0000 CHARLES D. BOLTON, 0000 MICHELIN Y. * CONERLY, 0000 ALEXANDER B. ANASTASIOU, 0000 DARRELL J. * BOLTON, 0000 ELIZABETH A. * COOLEY, 0000 VICTOR A. * ANAYA, 0000 JOSEPH C. * BONITA, 0000 ZINA M. * CRUMP, 0000 BRET D. ANDERSON, 0000 JAMES A. * BOOKER, 0000

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RICHARD E. * BOONE, 0000 COREY C. * CHEERS, 0000 CHRISTOPHER P. * DENNISON, 0000 LEONARD * BOOTHE, 0000 CHRISTIAN J. * CHEETHAM, 0000 JAMES A. DEREUS, 0000 CHRISTOPHER L. * BORING, 0000 JERMONT CHEN, 0000 DARREN R. * DEROOS, 0000 MATTHEW A. * BOSCHERT, 0000 RONALD A. * CHERNAK, 0000 SCOTT D. * DERSHEM, 0000 MICHAEL J. BOSILJEVAC, 0000 WESLEY R. * CHIDESTER, 0000 BRIDGET A. * DESROSIERS, 0000 JOHN W. BOSONE, 0000 TIMOTHY W. * CHILDRESS, 0000 DENNIS P. * DICKERSON, 0000 RAYMOND A. * BOULTER, 0000 ERIK K. * CHINN, 0000 JASON D. DICKINSON, 0000 LEE A. * BOUVIER, 0000 DAI H. * CHO, 0000 JOHN E. * DIERLING, 0000 ERIK T. * BOVASSO, 0000 CHRISTOPHER A. CHOCOLAAD, 0000 BRYAN C. DILLARD, 0000 ANDREW P. * BOWDER, 0000 BRYAN J. * CHOI, 0000 KAREN E. M. * DILLARD, 0000 JAMES R. BOWEN, 0000 JOHN C. CHONG, 0000 MATTHEW E. * DILLOW, 0000 ANISSA M. * BOWERS, 0000 JAMES C. CHRISLEY, 0000 ANDREW S. DIPPOLITO, 0000 MATTHEW T. * BOWERS, 0000 SARAH J. CHRIST, 0000 JEFFERY T. * DITLEVSON, 0000 DANNY K. * BOYD, 0000 JENNIFER S. * CHRISTOVICH, 0000 DONALD B. * DIXON, 0000 MICHELE A. * BOYKO, 0000 PHILLIP A. * CHRONISTER, 0000 ANDREW J. * DOANE, 0000 PHILIP J. * BOZEMAN, 0000 KRISTI K. CHURCH, 0000 WILLIAM F. DOBBS, 0000 LORENZO C. BRADLEY, 0000 RICHARD D. CIMINO, 0000 MICHAEL P. * DOMBROWSKI, 0000 MARK A. * BRAMMER, 0000 RAYMOND S. CIRASA, 0000 MICHAEL D. * DONAHUE, 0000 JASON D. * BRANCH, 0000 JEFFERY M. * CLAPP, 0000 GARY J. * DORMAN, 0000 JOHN M. * BRANDT JR., 0000 JEFFREY D. * CLARK, 0000 JEFFREY G. * DORMAN, 0000 RYAN P. * BRANDT, 0000 JEFFREY M. CLARK, 0000 SHANE A. DOUGHERTY, 0000 KRISTOPHER A. * BREAUX, 0000 GEORGE M. * CLARKE, 0000 ROBERT A. * DOUGLASS, 0000 BRIAN A. BRECH, 0000 MICHAEL L. * CLAVENNA, 0000 WILLIAM M. DOUGLASS, 0000 MATTHEW J. BRECHWALD, 0000 GLEN A. * CLINCH, 0000 LANCE N. * DOVER, 0000 JACQUELINE D. BREEDEN, 0000 IRA C. * CLINE, 0000 GEORGE S. * DOWDY, 0000 MATTHEW C. * BRENNAN, 0000 MATTHEW J. * CLIVER, 0000 CHRISTIAN J. * DOWNS, 0000 LISA M. * BRENNEMAN, 0000 DAVID N. * CLOUGH JR., 0000 BERNADETTE J. * DOZIER, 0000 PAUL D. * BRENNER, 0000 PATRICK CLOWNEY, 0000 CHRISTOPHER A. * DRAP, 0000 JOHN D. BREUKER, 0000 KENNETH P. * CLOYS, 0000 XAVIAN L. DRAPER, 0000 AUGUSTIN P. * BRIGUET, 0000 JOHN G. * COCHRAN, 0000 EDWARD H. * DROLLETTE, 0000 JOHN R. BRIMMER, 0000 MICHELLE G. COGHILL, 0000 MICHAEL A. DUCHARME, 0000 BERNARD C. * BRINING, 0000 WARREN O. * COHN, 0000 PAUL J. DUDLEY, 0000 MICHAEL L. BRINK II, 0000 CHRISTOPHER L. COLCORD, 0000 KATHY J. * DUKE, 0000 ANDREW D. * BRINKMAN, 0000 BARRY A. * COLE, 0000 EVANGELINA F. DUMAN, 0000 CHRISTIAN C. * BROCK, 0000 JAMES E. COLE, 0000 ROBERT E. DUMAN, 0000 BRENT G. BROCKINTON, 0000 JENNIFER J. * COLE, 0000 MICHAEL S. * DUNKEL, 0000 SCOTT W. * BROKAW, 0000 SCOTT S. * COLE, 0000 DAVID R. * DUNKLEE, 0000 DANIEL T. * BROOKS, 0000 TIMOTHY C. * COLE, 0000 JOHN A. DUNLAP, 0000 KAREEM C. BROOKS, 0000 LISA K. * COLEMAN, 0000 DANIEL I. * DUNN, 0000 KENT W. * BROOME, 0000 MICHAEL L. * COLEMAN, 0000 TIMOTHY C. DUNN, 0000 CYNTHIA JS * BROTHERS, 0000 MYRNA L. * COLEMAN, 0000 KEVIN M. DYDYK, 0000 MICHAEL D. BROTHERS, 0000 TODD L. * COLEMAN, 0000 DAVID S. EAGLIN, 0000 CHARLES E. * BROWN JR., 0000 BRADFORD D. * COLEY, 0000 EDWARD L. * EARHART, 0000 DARREN J. BROWN, 0000 ARLENE COLLAZO, 0000 KEVIN M. * EASTLAND, 0000 DIANE L. BROWN, 0000 KEITH E. * COLLIER, 0000 BRYAN N. EBERHARDT, 0000 ELI V. * BROWN, 0000 BRIAN R. * COLLINS, 0000 CHRISTOPHER R. EDEN, 0000 JASON A. * BROWN, 0000 RICHARD I. * COLLINS, 0000 ANTHONY N. * EDENS, 0000 JASON M. * BROWN, 0000 STEPHEN P. * COLVIN, 0000 ALAN W. EDWARDS, 0000 SCOTT A. * BROWN, 0000 JASON R. COMBS, 0000 ALBERT M. EDWARDS III, 0000 SCOTT C. * BROWN, 0000 TODD E. COMBS, 0000 DOUGLAS C. EDWARDS, 0000 JOSEPH W. * BROWNING, 0000 JOHN E. COMMINS, 0000 MARVIN T. EE, 0000 JAMES A. * BROYLES JR., 0000 ALLAN J. * CONKEY, 0000 LAMAR A. * EIKMAN, 0000 DANIEL E. * BRUCE, 0000 DAVID S. * CONLEY, 0000 WALTER H. * EILERS, 0000 JAMES A. BRUNER II, 0000 BRIAN D. * COOK, 0000 GARY L. * ELLIOTT, 0000 PAUL J. * BRUNER, 0000 CHAD W. COOK, 0000 JONATHAN P. ELLIOTT, 0000 COREY A. * BRUNSON, 0000 MICHAEL J. * COOK, 0000 RYAN M. * ELLIOTT, 0000 LOUIS D. BRYAN, 0000 EVAN E. * COOPER, 0000 THUTAM V. ELLIOTT, 0000 DAVID W. BRYNTESON, 0000 JAMES D. * CORDEIRO JR., 0000 CHRISTOPHER L. ELLIS, 0000 JOHN D. * BUCHANAN, 0000 DUSTIN P. CORDIER, 0000 PETER V. * ELLUM, 0000 JOHN E. BUCHANAN, 0000 THOMAS A. * COREJ, 0000 JOHN A. * ELOLF, 0000 RICHARD T. * BUCKLEY, 0000 NOLAN R. * CORPUZ, 0000 JOEL J. * ELSBURY, 0000 GREG D. BUCKNER, 0000 PEDRO A. * COTTOPEREZ, 0000 MICHAEL E. * EMERSON, 0000 TRAVIS P. BUFORD, 0000 CHRISTOPHER P. * COULURIS, 0000 DEREK G. EMMONS, 0000 BRADLEY M. * BUGG, 0000 DONALD A. * COURNOYER, 0000 TROY L. * ENDICOTT, 0000 ERIC S. BULGER, 0000 STEPHEN B. COWART, 0000 MATTHEW L. * ENFIELD, 0000 SUSAN M. * BULLETT, 0000 YANCEY S. * COWEN, 0000 WILLIAM D. ENGBERG, 0000 SCOTT R. * BULLIS, 0000 MARK C. * COX, 0000 JOSEPH A. * ENGELBRECHT III, 0000 STEPHEN H. BUNTING, 0000 SAMUEL D. COX, 0000 WILLIAM T. * ENGLAND, 0000 DANIEL K. BUNTS, 0000 THOMAS C. * COX, 0000 BLAIR F. * ENGLISH, 0000 TRAVIS A. BURDINE, 0000 DANIEL R. COZZI, 0000 MICHAEL W. * ERHARDT, 0000 STEPHEN G. * BURGH, 0000 JOSEPH G. * CRANCE, 0000 MICHAEL S. ERICKSON, 0000 TIMOTHY J. BURKE, 0000 MICHAEL S. CRANSTON, 0000 CHAD J. ERSPAMER, 0000 MICHAEL G. * BURKOTT, 0000 RYAN B. CRAYCRAFT, 0000 REBECCA J. ERWIN, 0000 JAMES R. * BURLEIGH, 0000 DAVID A. * CRENSHAW, 0000 JUPE A. ETHERIDGE, 0000 JEFFREY M. * BURNSIDE, 0000 JAMES L. * CREVER, 0000 JOHN S. * EUBANKS, 0000 DERREN P. * BURRELL, 0000 FAE M. CRISSMAN, 0000 CHARLES F. * EVANS, 0000 WILLIAM C. BUSCHUR, 0000 ADRIAN M. CROWLEY, 0000 CHRIS M. EVANS, 0000 EDWIN D. * BUTLER, 0000 KEVIN S. * CRUIKSHANK, 0000 MATTHEW A. * EVANS, 0000 JOHN D. * BUTLER, 0000 BRIAN A. CRUM, 0000 JOSEPH M. * EVERT, 0000 ROBERT B. * BUTLER, 0000 CARY N. CULBERTSON, 0000 LARA L. * FALARDEAU, 0000 STEVEN BUTTIE, 0000 TIMOTHY M. CULLEN, 0000 TRENT C. * FALON, 0000 ROBERT L. BUZZELL JR., 0000 JON A. CULP, 0000 THOMAS G. FALZARANO, 0000 JOBERT F. * CALIMLIM, 0000 CASE A. CUNNINGHAM, 0000 BRIAN M. * FARRAR, 0000 DONALD C. CALLAGHAN, 0000 FRED R. CUNNINGHAM, 0000 DAVID B. * FAULK, 0000 STEVEN M. * CALLIS, 0000 JOHN A. * CUPP III, 0000 ROCKY A. FAVORITO, 0000 ROD A. * CAMERON, 0000 MICHELLE M. DALE, 0000 WALTER M. * FEE, 0000 JASON M. * CAMPBELL, 0000 JEFFREY D. DALRYMPLE, 0000 SANDRA G. * FELTON, 0000 WINSTON M. * CAMPBELL, 0000 MATTHEW J. * DALY, 0000 MICHAEL C. * FENIMORE, 0000 BRYAN H. * CANNADY, 0000 RYAN J. * DANDREA, 0000 THOMAS E. * FERENCZHALMY, 0000 KELLY A. CANTRELL, 0000 CHRISTOPHER A. * DANFORD, 0000 JEFFREY C. * FERRER, 0000 MARK L. * CANTRELL, 0000 WALTER B. * DANIELS, 0000 PETER M. FESLER, 0000 THOMAS L. * CANTRELL, 0000 BILLY D. * DARNELL, 0000 OPPERMAN ANITA A. * FEUGATE, 0000 HOUSTON R. * CANTWELL, 0000 NATHANIEL * DASH JR., 0000 GREGORY S. * FIELDS, 0000 PAUL S. CAPES, 0000 ROBERT A. * DAVIDSON II, 0000 ANTHONY W. * FIFE, 0000 KELLEY J. * CARDINALE, 0000 CURTIS G. DAVIS, 0000 BRUCE A. * FIKE, 0000 MICHAEL K. CARNEY, 0000 DANNY E. * DAVIS, 0000 ROBERT K. * FILBEY, 0000 SEBASTIAN J. * CARRADO, 0000 DONALD L. * DAVIS JR., 0000 PATRICK J. * FINAN, 0000 CHRISTOPHER M. * CARROLL, 0000 ERIC O. * DAVIS, 0000 ROBERT C. FINCH, 0000 GREGORY T. * CARTER, 0000 ETHAN J. * DAVIS, 0000 STEPHEN T. * FINN, 0000 JENNINE S. * CARTER, 0000 JAMES E. DAVIS, 0000 JOSEPH E. * FINNEGAN, 0000 CHARLES F. CARVER, 0000 JUDY B. * DAVIS, 0000 KARL C. * FISCHBACH, 0000 JANET E. * CASEY, 0000 TIMOTHY J. * DAVIS, 0000 SHILOH D. FISCHER, 0000 TRUDY M. CASSEN, 0000 LYLE M. * DAWLEY, 0000 ANTHONY FISICHELLA JR., 0000 EDUARDO CASTANEDA JR., 0000 DAVID P. DAY, 0000 RUSSELL L. * FLAMING, 0000 ANTONIO * CASTILLO, 0000 JOHN R. * DEA, 0000 CHARLES C. * FLANDERS, 0000 CHARLES F. * CELNIK, 0000 MICHAEL S. * DEAL, 0000 DEREK L. * FLETCHER, 0000 YUN J. * CERANA, 0000 KENNETH W. * DEAN, 0000 MARC A. * FLORES, 0000 DAVID S. CHACE, 0000 KARL R. DEERMAN, 0000 WAYNE E. FLOYD, 0000 RYAN C. * CHANDLER, 0000 JEFFREY P. DEJOANNIS, 0000 DAVID C. * FLYNN, 0000 CHRISTOPHER W. * CHANG, 0000 CATHLEEN E. * DELAGARZA, 0000 CHRISTOPHER J. FOGLE, 0000 JENNIFER L. CHANGERY, 0000 MICHAEL T. DELLERT, 0000 STEPHEN M. * FOLENA, 0000 JAMES W. * CHAPPELEAR, 0000 MARK E. * DELORY, 0000 CHRISTOPHER M. FOLLIN, 0000 KATHERINE H. CHARECKY, 0000 JOHN B. * DEMIZIO, 0000 JOHN W. FONCANNON, 0000 ROBERT L. CHARLESWORTH, 0000 WILLIAM F. * DENEHAN JR., 0000 ARTHUR P. * FORD IV, 0000 JOHN W. CHASTAIN III, 0000 JOHN R. * DENIZ III, 0000 CHRISTOPHER T. FORD, 0000 NICHOLAS H. * CHAVASSE III, 0000 BRIAN R. * DENMAN, 0000 THOMAS C. * FORD, 0000 JULIAN C. CHEATER, 0000 CHARLES W. * DENNISON, 0000 JASON D. FOREST, 0000

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LORIANN * FORINGER, 0000 MONICA P. GUERRA, 0000 MARK T. * HORNER, 0000 CAROLYN S. FORNER, 0000 DANIEL A. * GUINAN, 0000 JOHN W. * HOUCK, 0000 FELICIA A. * FOSTER, 0000 SHAWN M. GUNTER, 0000 STEACY W. HOUSHOLDER, 0000 JOSEPH R. * FOSTER, 0000 MARK T. * GUSTAFSON, 0000 JASON R. HOVER, 0000 ROBERT T. * FOSTER, 0000 MARTIN J. * GUTHRIE, 0000 DEREK W. * HOWARD, 0000 JAMES G. FRANCIS, 0000 CHARLES A. * GUTIERREZ, 0000 JAMES C. * HOWARD, 0000 TIMOTHY P. * FRANZ, 0000 DIANA L. * GUYTON, 0000 JOHN K. * HOWARD, 0000 ANDREW J. * FRASCH, 0000 LUCAS L. HAAK, 0000 JOHN O. * HOWARD, 0000 KAYLIN * FREEDMAN, 0000 GARRY A. HAASE, 0000 TIMOTHY C. * HOWARD, 0000 CHARLES K. * FREEMAN, 0000 CHAD S. * HALE, 0000 THOMAS P. * HOWE, 0000 BRIAN J. FREIBURGER, 0000 DAVID S. * HALES, 0000 RICHARD D. HOYT JR., 0000 RICHARD J. * FREY, 0000 MICHELLE L. * HALL, 0000 LANCE M. * HRIVNAK, 0000 ABRAHAM F. FRIEDMAN, 0000 WID D. * HALL III, 0000 DARRELL L. HUBBARD, 0000 RICHARD E. * FRIENDLICH, 0000 DAVID L. HAMBY, 0000 STANTON Y. * HUBBARD, 0000 MARK T. FRITZINGER, 0000 STEWART A. HAMMONS, 0000 TODD A. HUDGINS, 0000 YVONNE M. * FROMM, 0000 DIETER U. * HANEY, 0000 RICHARD E. * HUFFMAN JR., 0000 ALLEN W. * FRY, 0000 MICHAEL J. * HANLON, 0000 ROBERT C. * HUME, 0000 CURTIS L. * FRYMAN, 0000 LOUIS W. HANSEN, 0000 ROBERT S. * HUME, 0000 MARK S. * FUHRMANN, 0000 DAVID G. * HANSON, 0000 FREDERICK A. * HUNT JR., 0000 DANE F. * FULLER, 0000 KENT E. HARBAUGH JR., 0000 DEVIN E. * HUNTER, 0000 JACK D. * FULMER II, 0000 DANIEL P. * HARBOWY, 0000 SCOTT W. * HURRELBRINK, 0000 STEVEN A. * FUNANICH, 0000 CHARLES M. * HARDING JR., 0000 BRITT K. HURST, 0000 RYAN O. * FUNKHOUSER JR., 0000 RICHARD J. HARGRAVE, 0000 JOSEPH R. HUSCROFT JR., 0000 DANIEL C. * FURLEIGH, 0000 DAVID F. * HARGY, 0000 GEORGE A. HUTCHINSON, 0000 JUDSON M. * FUSSELL, 0000 CRAIG M. HARMON, 0000 DALE E. HYBL, 0000 JOHN T. * GABRIEL, 0000 RICHARD M. * HARMON, 0000 ANGELA L. * HYRNE, 0000 LEO L. GAGE JR., 0000 THOMAS D. * HARMON, 0000 SUSAN E. IDZIAK, 0000 GREGORY J. * GAGNON, 0000 MICHAEL J. * HARNER, 0000 BRIAN A. IGNOTOWICZ, 0000 ROGER P. * GAGNON, 0000 SHAUN D. * HARRADEN, 0000 ELIZABETH A. * IIJIMA, 0000 JOHN S. * GAILLIARD, 0000 SEAN P. * HARRINGTON, 0000 THOMAS S. * IMRICH, 0000 SCOTT J. GALAYDICK, 0000 CHRISTOPHER HARRIS, 0000 MICHAEL D. INGERSOLL, 0000 JEFFREY S. * GALLAGHER, 0000 LARRY R. * HARRIS, 0000 W. K. INNES, 0000 SEAN P. GALLAGHER, 0000 LAWRENCE * HARRIS III, 0000 JONATHAN B. * IRELAND, 0000 MICHAEL P. * GALLANT, 0000 MARLENE A. * HARRIS, 0000 GRANT L. IZZI, 0000 ROBIN GALLANT, 0000 ROBERT J. * HARRIS JR., 0000 HAROLD L. * JACKMAN JR., 0000 FRANCISCO M. GALLEI, 0000 JASON J. HARRISON, 0000 BRIAN A. JACKSON, 0000 BRIAN D. GALLO, 0000 RICHARD A. * HARRISON, 0000 GARY L. * JACKSON, 0000 MATTHEW C. GAMBLIN, 0000 STEVEN E. * HARROLD, 0000 KI L. JACKSON, 0000 ANTHONY S. GAMBOA, 0000 CHAD JAMES * HARTMAN, 0000 PETER E. * JACKSON, 0000 SHAWN M. * GANDER, 0000 MARY E. HARTMAN, 0000 ROBERT D. JACKSON, 0000 ALEJANDRO R. * GANSTER, 0000 ROBERT E. * HARTMANN, 0000 ERIC J. * JACOBS, 0000 CHARLES M. * GAONA, 0000 HOLLY M. * HARVEY, 0000 TIMOTHY E. * JACOBS, 0000 JOSEPH E. * GARDENHOUR, 0000 BRYAN K. * HASTY, 0000 STEVEN D. * JACQUE, 0000 DEREK C. * GARDNER, 0000 BRIAN J. * HAUG, 0000 JAMES J. JAGODZINSKI JR., 0000 DWYNE L. * GARDNER, 0000 SHANE C. HAUGHIAN, 0000 NICHOLAS L. JAHN, 0000 TED R. GATLIN, 0000 JEFFREY D. * HAVLICEK, 0000 SHASHI S. * JAIRAM, 0000 CHRISTOFF T. * GAUB, 0000 DANIELLE L. * HAWKINS, 0000 KARLO M. * JAJLIARDO, 0000 MARTIN P. GAUPP, 0000 KEITH P. * HAWKINS, 0000 JEROME M. * JAMES, 0000 OMAR * GAUTHIER, 0000 TIMOTHY G. * HAWKINS, 0000 BRIAN T. JANNEY, 0000 GREGORY A. * GAUTREAUX, 0000 RICHARD B. * HAYES JR., 0000 PETER G. * JANYSKA, 0000 TONYA M. * GENEWICK, 0000 GARY T. * HAYWARD, 0000 NATHANIEL S. * JAROS, 0000 ROBERT J. GIANNONI, 0000 BRIAN E. HAZEL, 0000 RICHARD L. JARRELL, 0000 LEONARD J. * GIAQUINTO, 0000 CHAD C. HAZEN, 0000 CORY S. * JEFFERS, 0000 KIMBERLY M. * GIBELING, 0000 TREVOR D. HAZEN, 0000 BLAKE W. * JEFFRIES, 0000 JANE E. GIBSON, 0000 BRIAN J. * HEAPS, 0000 MATTHEW P. JEFSON, 0000 ANGELA P. GIDDINGS, 0000 BRIAN J. * HEBERLIE, 0000 JEFFREY R. * JENKINS, 0000 JOHN K. * GILBERT JR., 0000 KEVIN D. * HECKLE, 0000 BRIAN J. * JENRETTE, 0000 BRYAN M. GILLESPIE, 0000 MICHAEL O. HEDENSKOOG, 0000 JONATHAN A. JENSEN, 0000 JOHN F. GILLESPIE JR., 0000 WADE S. * HEGELE, 0000 MERIELLEN C. * JOGA, 0000 CHRISTOPHER W. GILMORE, 0000 TIMOTHY J. * HEINTZELMAN, 0000 BENJAMIN E. * JOHNSON, 0000 JASON A. GIRARD, 0000 DWAYNE A. * HELTON, 0000 CURTIS W. JOHNSON, 0000 NICOLA P. GISMONDI, 0000 CHRISTOPHER M. * HEMING, 0000 GARY S. * JOHNSON, 0000 DAWN M. * GITHENS, 0000 BRIAN E. * HEMINGWAY, 0000 JEFFREY M. JOHNSON, 0000 CARINA R. * GIVENS, 0000 SHANE M. * HENDERSON, 0000 JEFFREY S. * JOHNSON, 0000 DAVID W. * GLASS, 0000 TAMARA J. * HENDERSON, 0000 MATTHEW C. * JOHNSON, 0000 ROY G. GLASSCO, 0000 TROY C. HENDERSON, 0000 MATTHEW D. JOHNSON, 0000 ERIC V. * GLASZ, 0000 REBECCA A. * HENDRIX, 0000 NIKKI G. JOHNSON, 0000 DAVID R. * GLAUNER, 0000 JOHN A. HENNINGS, 0000 TRENT L. * JOHNSON, 0000 JEFFRY W. GLENN, 0000 DANIEL L. * HENSLEY, 0000 TROY D. * JOHNSON, 0000 MARK D. GLISSMAN, 0000 BRIAN A. * HENSON, 0000 JODIE L. * JOHNSONMICKS, 0000 JOHN C. * GLOVER, 0000 KELLY A. HERD, 0000 MATTHEW L. JOHNSTON, 0000 MATTHEW R. GLOVER, 0000 KARLA J. * HEREN, 0000 PAUL A. * JOHNSTON, 0000 GREGORY J. * GOAR, 0000 DOUGLAS J. * HERMES, 0000 CURTIS D. * JONES, 0000 BRIAN M. * GODFREY, 0000 ERNESTO P. HERNANDEZ, 0000 GREGG D. * JONES, 0000 MICHAEL D. * GODSEY, 0000 JESSE D. HERNANDEZ, 0000 JAMES C. JONES, 0000 MICHAEL K. * GODWIN, 0000 ERICH D. HERNANDEZBAQUERO, 0000 JASON A. * JONES, 0000 ROBERT J. GOMEZ, 0000 KERN S. * HERSCHELMAN, 0000 JULIA J. * JONES, 0000 KELLEY C. * GONZALES, 0000 MARK D. * HESSE, 0000 KENNETH M. * JONES, 0000 LEONEL GONZALEZ, 0000 DALE E. HETKE, 0000 MICHAEL C. * JONES, 0000 RICHARD D. * GONZALEZ, 0000 WILLIAM D. HEUCK JR., 0000 MICHAEL K. * JONES, 0000 AENEAS R. * GOODING, 0000 VAUGHN R. HEYER, 0000 PAUL * JONES, 0000 STEPHEN A. GOODMAN, 0000 SCOTT G. HEYLER, 0000 SEAN S. * JONES, 0000 TIMOTHY A. * GOODROE, 0000 TARAN S. * HICKIE, 0000 MARVIN R. * JORDAN, 0000 GARY E. GOOSEN, 0000 GEOFFREY P. HICKMAN, 0000 STEPHEN K. * JORDAN, 0000 DUANE L. * GORDIN, 0000 JUAN M. HIDALGO, 0000 TIMOTHY R. * JORRIS, 0000 KEVIN J. * GORDON, 0000 MICHAEL R. HIDDESSEN, 0000 STEPHEN F. JOST, 0000 LANE B. * GOSS, 0000 SAMUEL B. * HIGHLEY, 0000 KEVIN G. * JUDD, 0000 ERIC C. GRACE, 0000 ELDRICK L. HILL, 0000 CRAIG E. * JUNEAU, 0000 ALEX GRACIA, 0000 SHARON M. * HILL, 0000 LAURIE D. JURASZEK, 0000 SCOTT E. GRAHAM, 0000 TRAVIS J. * HILL, 0000 JOHN W. JURGENSEN JR., 0000 SCOTT R. * GRAHAM, 0000 DAVID L. * HILLMAN, 0000 KEITH A. * JUSTICE, 0000 ROBERT S. * GRAINGER, 0000 DAVID A. HILLNER, 0000 LORI E. * KABEL, 0000 DONALD R. * GRANNAN, 0000 LESLIE F. HIMEBROOK, 0000 KIMBERLY A. KADRYNA, 0000 CARL H. * GRANT JR., 0000 BRIAN A. HINSVARK, 0000 JAMES R. KAFER, 0000 DARREN P. GRAY, 0000 DAEMON E. * HOBBS, 0000 SONG K. * KAGAN, 0000 JEFFREY B. * GRAY, 0000 LANCE A. HOBSON, 0000 HAROLD M. * KAHLER, 0000 STEPHEN D. * GRAY, 0000 NATHAN E. * HODGE, 0000 STEVAN C. * KAIGHEN, 0000 JAMES W. * GREATHOUSE JR., 0000 BRADLEY K. HODGES, 0000 KELLY P. * KANAPAUX, 0000 CRAIG A. * GREEN, 0000 JAMES B. * HODGES, 0000 KERRY A. KANE, 0000 MARCUS D. GREEN, 0000 DEAN L. HOEKSTRA, 0000 EDWARD A. KAPLAN, 0000 MICHAEL R. * GREEN, 0000 KENNETH L. * HOFFMAN, 0000 GREGORY G. * KARAHALIS, 0000 NATHAN C. GREEN, 0000 LOUIS R. * HOFFMAN, 0000 MICHAEL J. KARDOES, 0000 STEVEN A. * GREEN, 0000 TODD A. * HOHN, 0000 LISA M. KARY, 0000 VINCENT A. * GREENER, 0000 JOHN K. * HOLANI JR., 0000 STEPHEN J. * KASSEBAUM, 0000 RICHARD L. * GREENSLIT, 0000 GEORGE A. HOLLAND III, 0000 NEIL W. * KASSEL, 0000 MICHAEL P. * GREGORITSCH, 0000 WILLIAM A. * HOLLAND, 0000 ALAN D. * KASTNER, 0000 ERICA STONE GREGORY, 0000 THROY D. * HOLLIS, 0000 MITCHELL A. KATOSIC, 0000 DAVID A. GREIN, 0000 RYAN D. * HOLLMAN, 0000 MICHAEL A. * KATZ, 0000 JENNIFER S. GRESHAM, 0000 ANGELA P. * HOLMAN, 0000 JAMES R. * KEEN, 0000 JON H. * GREUEL, 0000 ANDREW W. HOLMBERG, 0000 SEAN T. * KEENE, 0000 ETHAN C. GRIFFIN, 0000 ERIC W. * HOOK, 0000 GREGORY S. KEETON, 0000 KEVIN S. * GROFF, 0000 JAMES L. * HOOPER, 0000 BRIAN T. * KEHL, 0000 STEPHEN C. GROTJOHN, 0000 THOMAS C. * HOOT, 0000 MATTHEW C. KEIPER, 0000 SCOTT A. GROVER, 0000 BRETT L. * HOOVER, 0000 RAYMOND C. * KELLERMANN, 0000 MICHAEL GRUNWALD JR., 0000 TODD M. HOOVER, 0000 DAVID D. KELLEY, 0000 NICOLE F. GUDIKUNST, 0000 DAVID R. HOPPER, 0000 CHRISTOPHER L. * KELSOE, 0000 ROBERT C. GUDIKUNST, 0000 DEBBIE L. * HORNE, 0000 SCOTT D. KELTER, 0000

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JOSEPH P. KENDALL, 0000 BRIAN D. LEWIS, 0000 THOMAS E. * MEANS, 0000 JAMES F. * KENNEDY, 0000 JOHN T. * LEWIS IV, 0000 WAYNE A. * MEEKMA, 0000 MICHAEL E. KENSICK, 0000 MELANIE M. LEWIS, 0000 WOODROW A. * MEEKS, 0000 DAVID C. KENT, 0000 REX S. LEWIS II, 0000 DAVID C. MEGGETT, 0000 DAVID J. KENT, 0000 STEPHEN E. LEWIS, 0000 STEPHEN W. * MEGINNISS, 0000 LANCE E. KENT, 0000 SUSIE G. * LEWIS, 0000 JOHN S. MEITER, 0000 BRANNON E. KERR, 0000 RODNEY D. LIBERATO, 0000 ROBERT A. MELZER II, 0000 DARRELL G. * KERR, 0000 JOHN C. * LIEBL, 0000 ANDRE R. * MENARD JR., 0000 SARAH A. KERWIN, 0000 RANDY D. * LIEBL, 0000 JEFFREY T. * MENASCO, 0000 BAHRAM * KHALIGHI, 0000 JOHN V. LILLER, 0000 KURT A. * MENCKE, 0000 SCOTT M. KIEFFER, 0000 LUIS F. LINARES, 0000 DAMON L. * MENENDEZ, 0000 DAVID T. * KIES, 0000 STEVEN N. LINDEMUTH, 0000 DONALD B. MENTCH, 0000 DAVID A. * KIESELHORST, 0000 JEFFREY P. LINGENS, 0000 JEFFREY A. * MERCHANT, 0000 JAMES N. * KILLGORE, 0000 ROBERT M. LISCH, 0000 JEFFREY C. MERRELL, 0000 MARK R. * KILLIAN, 0000 DON K. * LITTLE JR., 0000 BRETT L. MERS, 0000 VANETTA M. * KILPATRICK, 0000 GARRY M. * LITTLE, 0000 CARLOS R. MESSER JR., 0000 SUZANNE M. KIM, 0000 LOUIS C. LITTLETON III, 0000 GREGORY J. * MEYER, 0000 TROY C. * KIMBALL, 0000 CHERILYN * LOBASH, 0000 AARON J. MEYERS, 0000 JAMES L. * KING JR., 0000 DOUGLAS R. * LOMSDALEN, 0000 JOSEPH K. MICHALEK, 0000 LAWRENCE D. * KING, 0000 MARC N. LONDON, 0000 CHRISTOPHER R. MICHALS, 0000 MARCUS D. * KING, 0000 DAVID B. * LONG, 0000 JONPAUL * MICKLE, 0000 PAUL F. * KING, 0000 DAVID F. * LONG, 0000 ROBERT J. * MIDDLETON, 0000 STEVEN R. * KING II, 0000 FRANK J. * LONG, 0000 MITCHELL D. MIGLIORI, 0000 JOHN E. KIPP JR., 0000 MICHAEL A. * LONG, 0000 KORWIN K. MIIKE, 0000 CHRISTOPHER A. KIRBY, 0000 SEAN A. LONG, 0000 BRIAN D. MIKUS, 0000 DAVID B. KIRBY, 0000 TIMOTHY A. * LONG, 0000 MICHAEL T. * MILES, 0000 KEITH R. * KIRK, 0000 WALTER J. * LOOMIS, 0000 BRIAN M. * MILLER, 0000 MICHAEL L. * KIRKMAN, 0000 MICHAEL E. * LOVE, 0000 BRYAN D. * MILLER, 0000 PAUL D. KIRMIS, 0000 DEBRA A. LOVETTE, 0000 CAROL J. * MILLER, 0000 RICHARD S. * KLARICH, 0000 JONATHAN E. * LOWE, 0000 CAROLINE M. * MILLER, 0000 WILLIAM K. * KLAUSE, 0000 FANG LU, 0000 GREGORY J. MILLER, 0000 JOHN M. KLEIN JR., 0000 RICHARD D. LUBEY, 0000 JAMES H. MILLER, 0000 LEE E. KLOOS, 0000 ROBERT T. * LUDEMAN, 0000 MICHAEL A. MILLER, 0000 JOHN T. KNACK, 0000 JOEL J. * LUKER, 0000 MICHAEL D. MILLER, 0000 ERIC W. KNAPP, 0000 JEFFREY M. * LUTSKO, 0000 MICHAEL K. MILLER, 0000 DANIEL J. KNIGHT, 0000 MICHAEL D. * LUZIUS, 0000 THOMAS L. * MILLER JR., 0000 JASON L. * KNIGHT, 0000 XUYEN QUOC LYHUYNH, 0000 CHAD A. * MILLETTE, 0000 SHANE A. KNIGHTON, 0000 CHAD M. * LYNCH, 0000 DAVID A. 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MOLOKIE, 0000 NICHOLAS T. KOZDRAS, 0000 DARREN R. * MAKELA, 0000 KELLI A. * MOLTER, 0000 CHRISTINA P. KRAG, 0000 JAMIE A. * MAKI, 0000 VICTOR W. MONCRIEFFE II, 0000 JENNIFER R. * KRAMME, 0000 ANTHONY J. * MALDONADO, 0000 MARK P. MONGILLO, 0000 KENNETH R. * KRANZ, 0000 DANIEL R. * MALIN, 0000 FELIX MONTERO, 0000 SCOTT A. KRAUSE, 0000 JONATHAN D. * MALONE, 0000 ERIC M. * MOODY, 0000 TIMOTHY A. KRAUSS, 0000 LLOYD A. MALONE, 0000 JEFFREY G. * MOODY, 0000 STEPHEN M. * KRAVITSKY, 0000 MICHAEL J. MALONE, 0000 KYLE T. MOORE, 0000 DAVID D. KRETZ, 0000 JOHN C. * MANERI, 0000 THOMAS P. MOORE, 0000 KEVIN C. * KRUEGER, 0000 WILLIAM M. G. * MANLEY, 0000 ROBERT G. * MOOSE, 0000 BENJAMIN G. * KRUGGEL, 0000 STEPHEN C. MANN, 0000 ROBERT C. * MOREA, 0000 JEFFREY R. KRUSINSKI, 0000 MICHAEL T. MANOR, 0000 III DEWITT * MORGAN, 0000 ERIC A. * KRYSTKOWIAK, 0000 RANDY B. * MARAJ, 0000 MICHAEL T. MORGAN, 0000 THOMAS J. KULAS, 0000 KENNETH A. * MARENTETTE, 0000 OWEN B. * MORGAN JR., 0000 SCOTT E. * KULKA, 0000 SEAN C. * MARLER, 0000 SIMON R. * MORGAN, 0000 JOSEPH D. KUNKEL, 0000 AUGUST J. MARQUARDT, 0000 CHAD K. MORRIS, 0000 THOMAS E. * KUNKEL, 0000 BRIAN M. MARQUETTE, 0000 RANDALL S. * MORRIS, 0000 DAVID M. * KURLE, 0000 IAN P. * MARR, 0000 BRIAN J. MORRISON, 0000 JEFFREY R. KUZMA, 0000 JOSEPH A. * MARROQUIN, 0000 ROBERT J. MORRISON, 0000 JEFFREY A. * KWOKA, 0000 JEFFREY W. MARSHALL, 0000 MICHAEL J. * MORTON, 0000 CHRISTOPHER J. LACHANCE, 0000 MATTEO G. * MARTEMUCCI, 0000 PEGGY MOSKALUK, 0000 JOHN A. * LACY, 0000 ALLEN K. * MARTIN, 0000 DARIAN J. * MOTIVALA, 0000 BOBBY R. * LADD JR., 0000 JEFFREY S. * MARTIN, 0000 JAMES V. MOTT, 0000 MICHAEL G. * LAFEVE, 0000 JOHN R. * MARTIN, 0000 MICHAEL W. * MOYLES, 0000 GABRIEL C. * LAJEUNESSE, 0000 MATTHEW J. * MARTIN, 0000 PAUL J. * MOZZETTA, 0000 JAMES P. * LAKE, 0000 STEVEN V. MARTIN, 0000 KEVIN M. MULLIGAN, 0000 JAMES A. * LAMB, 0000 WILLIAM P. * MARTIN, 0000 KEVIN P. * MULLINS, 0000 JAMES W. * LAMB, 0000 FERNANDO * MARTINEZ, 0000 MICHAEL W. * MULLINS, 0000 KINGSTON * LAMPLEY, 0000 JOHN W. MARUSA, 0000 VERNON L. MULLIS, 0000 BRIAN J. * LANCASTER, 0000 MICHAEL M. MARVICH, 0000 JOE D. * MUNGER, 0000 RICHARD L. * LAND III, 0000 CC M. MASOTTI, 0000 BRIAN S. * MUNOZ, 0000 JONATHAN D. LANDIS, 0000 ANTHONY J. MASTALIR, 0000 MICHAEL E. * MURPHY, 0000 PATRICIA ANN * LANG, 0000 JOHN C. * MATCHETT, 0000 SEAN D. MURPHY, 0000 TROY D. * LANICH, 0000 GUY W. * MATHEWSON, 0000 KEVIN D. MURRAY, 0000 JAMES D. * LAPIERRE, 0000 LEONARD A. * MATHIEU, 0000 PAUL J. MURRAY, 0000 VINCENT G. LAPPANO, 0000 JESSICA A. MATTHEWS, 0000 ANDREW J. MUSER, 0000 SHAWN D. LARCHER, 0000 WAYNE E. * MATTINGLY, 0000 JODIE MARIE MUSTIN, 0000 MARC A. * LARUE, 0000 BRIAN E. MAUE, 0000 CHRISTINA K. * MUTH, 0000 DANIEL T. LASICA, 0000 BRIAN A. * MAY, 0000 LINDA M. * MUZQUIZ, 0000 PENNY L. * LAUCKDUNLOP, 0000 BRADLEY M. * MCALPINE, 0000 ROBERT F. * MYERS JR., 0000 STEVEN D. * LAUGHERY, 0000 TIMOTHY J. * MCARTHUR, 0000 DAVID J. * NADEAU, 0000 KENNETH R. * LAVOIE, 0000 SHAWN B. * MCCAMISH, 0000 JASON D. * NAHRGANG, 0000 STAN D. LAWRIE, 0000 CRAIG A. * MCCARTY, 0000 KEVIN P. * NAMAN, 0000 DOUGLAS W. * LEAMON, 0000 DENISE * MCCASKILL, 0000 JOSEPH E. NANCE, 0000 ANDREW W. * LEARN, 0000 DOUGLAS E. MCCLAIN, 0000 RONOJIT J. * NATHANIEL, 0000 ROBERT L. * LEARY, 0000 CHRISTOPHER J. MCCLEARY, 0000 VINCENZO N. P. * NAZZARO, 0000 JASON W. * LEBLEU, 0000 GREGORY A. MCCLEARY, 0000 ROBERT JAMES * NEAL JR., 0000 JOHN W. LECLAIR JR., 0000 KEVIN R. * MCCLUNEY, 0000 MICHAEL T. * NEEDHAM, 0000 CLARENCE I. LEE, 0000 MATTHEW S. * MCCONNELL, 0000 LISA J. * NEIDINGER, 0000 JAMES E. LEE JR., 0000 DANA C. * MCCOWN, 0000 GREGORY A. * NELMS, 0000 JIM H. LEE, 0000 DWAYNE T. MCCULLION, 0000 JOHN S. * NELSON, 0000 MICHAEL J. LEE, 0000 JOHN D. * MCCULLOUGH, 0000 TYLER D. NELSON, 0000 GUINEVERE R. LEEDER, 0000 JOHN C. MCDANIEL, 0000 GILBERT D. NESS, 0000 OLIVER K. LEEDS, 0000 BRADLEY W. MCDONALD, 0000 CRAIG W. * NEUZIL, 0000 ROBERT N. * LEEJOICE, 0000 THOMAS A. MCGEE, 0000 LEO A. * NEVELL, 0000 CHRISTOPHER J. LEEMAN, 0000 WILLIAM B. * MCGRAW, 0000 STEVE E. * NEVILLE, 0000 JOHN E. LEIF, 0000 WILLIAM L. * MCGRAW, 0000 JOHN P. NEWBERRY, 0000 GREGG A. LEISMAN, 0000 STEPHEN P. MCILVAINE, 0000 RAYMOND R. * NEWBILL III, 0000 KATHLEEN L. LEISMAN, 0000 TIMOTHY S. * MCISAAC, 0000 KENNETH L. * NEWBROUGH, 0000 CHRISTOPHER D. * LEMANSKI, 0000 KEVIN M. * MCLAUGHLIN, 0000 KENNETH A. NGUYEN, 0000 TIMOTHY J. * LEMLEY JR., 0000 SEAN C. MCLAY, 0000 JESSICA D. * NICHOL, 0000 MARK D. * LEMONS, 0000 JEFFREY S. * MCLEMORE, 0000 NEIL G. NICHOLS, 0000 THOMAS A. * LENZ, 0000 DAVID S. * MCMILLAN, 0000 RODNEY H. NICHOLS, 0000 DARRYL N. LEON, 0000 ROBERT J. * MCMURRY, 0000 DAWN A. * NICKELL, 0000 CONSTANDINOS LEONIDOU, 0000 MATTHEW E. MCQUINN, 0000 MATTHEW J. NICOLETTA, 0000 LORI K. * LEVENSON, 0000 TIMOTHY T. * MCWILLIAMS, 0000 BRIAN C. NICOLOSI, 0000 ROBERT J. * LEW, 0000 HERBERT P. * MEADOWS, 0000 NATHAN L. NIEDERHAUSER, 0000

VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 9801 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11130 CONGRESSIONAL RECORD — SENATE September 4, 2003

DANE R. NIELSEN, 0000 MARK A. * POSTEMA, 0000 JOEL M. B. * ROUSEY, 0000 PETER M. * NIGRO JR., 0000 SHANE T. * PRATER, 0000 SEAN C. ROUTIER, 0000 SCOTT A. * NIPPER, 0000 DOUGLAS G. PRATT, 0000 JEFFREY B. ROWLAND, 0000 BARRY N. * NIXON, 0000 SHARON E. PRESLEY, 0000 RUSSELL W. * ROWLAND, 0000 BRIAN J. NOE, 0000 HEIDI P. * PRIGGE, 0000 SCOTT J. * ROXBURGH, 0000 JEREMY B. NOEL, 0000 DAVID E. * PRITCHARD, 0000 ROBERT D. ROY, 0000 BRIAN R. NOLA, 0000 BRIAN T. * PROULX, 0000 TRICIA A. * RUHMANN, 0000 TARA E. NOLAN, 0000 KERRY J. * PROULX, 0000 JAMES E. * RUMBLEY, 0000 RIC K. * NORDGREN, 0000 MICHAEL W. PRUCE, 0000 MARK C. RUSK, 0000 ROGER M. NOREIGA, 0000 JEFFREY A. * PRUSS, 0000 TIMOTHY R. * RYAN, 0000 WILLIAM J. * NORTON, 0000 MICHELS D. * PRYOR, 0000 VINCENT M. RYDER, 0000 KRISTOPHER T. NORWOOD, 0000 JASON M. * PRYSTASH, 0000 ALLAN C. * SACDALAN, 0000 PAUL C. * NOSEK, 0000 MICHAEL J. * PUGSLEY, 0000 CHRISTOPHER S. SAGE, 0000 ROSS C. * NOVACK, 0000 STEPHEN G. * PURDY JR., 0000 RICHARD M. * SALASOVICH, 0000 KYLE A. * NOVAK, 0000 CHRISTOPHER D. * PURVIS, 0000 BRYAN E. SALMON, 0000 GREGORY E. NOWAK, 0000 MARK B. PYE, 0000 ELLIOT J. SALMON, 0000 JOHN P. * NOWAK, 0000 RILEY F. * PYLES, 0000 BENJAMIN REYES * SALVADOR JR., 0000 GREGORY S. * NOWLIN, 0000 CHRISTOPHER N. * QUAID, 0000 WILLIAM C. * SALVIA, 0000 SHAN B. * NUCKOLS, 0000 JASON A. QUEEN, 0000 GEORGE R. * SALYER III, 0000 CHRISTOPHER P. * NUTTING, 0000 CHRISTOPHER M. * QUIMBY, 0000 CLAYTON W. * SAMMONS, 0000 BRENDAN D. OBRIEN, 0000 JAMIE J. * QUOLAS, 0000 SUSAN B. * SAMPLE, 0000 WILLIAM M. * OCHOA, 0000 CHRISTOPHER S. RACHAEL, 0000 MICHAEL L. * SAMPSON, 0000 THOMAS J. OCONNELL JR., 0000 ROBERT N. * RADABAUGH, 0000 RYAN R. * SAMUELSON, 0000 KEVIN E. * OCONNOR, 0000 CHAD D. * RADUEGE, 0000 JOSEPH M. * SANCHEZ, 0000 WILLIAM N. * OCONNOR, 0000 DANIEL P. RADULSKI, 0000 ALAN B. SANDERS, 0000 RICHARD J. * OFCARCIK, 0000 HUGH M. * RAGLAND III, 0000 JAMES K. SANDERS, 0000 MARTIN J. OGRADY, 0000 SOLEIMAN * RAHEL, 0000 ROBERT D. SANDOVAL, 0000 DONALD R. OHLEMACHER, 0000 BRIAN E. RALSTON, 0000 JEFFREY H. SANDROCK, 0000 JOHN A. OHM, 0000 MICHAEL J. * RAMIREZ, 0000 MARC J. SANDS, 0000 STEVEN C. OIMOEN, 0000 ROBERT G. * RAMIREZ, 0000 JOHN S. * SANFORD, 0000 ROMAN M. * OKRASINSKI, 0000 COREY M. * RAMSBY, 0000 NEIL T. * SANGER, 0000 DAVID W. * OLANDER, 0000 GERALD J. * RAMSEY, 0000 ANTHONY J. SANSANO, 0000 JAMES A. OLDENBURG, 0000 JACQUELINE G. * RANDOLPH, 0000 GARY B. * SANTORO, 0000 NATHAN A. * OLIVER, 0000 JOHN E. RANDOLPH, 0000 JOSEPH C. SANTUCCI, 0000 NICHOLE E. P. * OLIVER, 0000 TOM M. * RANKIN JR., 0000 MARK A. * SARAGOSA, 0000 FELIPE * OLIVERA, 0000 ANDREW G. RATLIFF, 0000 THOMAS I. * SAVOIE, 0000 SCOTT R. OLSEN, 0000 DANIEL E. * RAUCH, 0000 CHRISTOPHER G. * SAWYER, 0000 KRISTINE L. * OLSON, 0000 STEVEN L. * RAUDMAN, 0000 MICHAEL G. * SAWYER, 0000 DENNIS * OM, 0000 CHAD A. RAULS, 0000 JEFFREY A. * SCHAEFER, 0000 THOMAS C. OMALLEY JR., 0000 WADE J. RAWLINS, 0000 MICHAEL LANE * SCHAFFER, 0000 KEVIN T. * OMEARA, 0000 MICHAEL J. * RAY, 0000 PAUL H. * SCHAUM, 0000 MARK T. * ONEAL, 0000 MICHAEL J. RAYNOHA, 0000 ERIKA A. SCHENAVAR, 0000 BRYAN C. * OPPERMAN, 0000 RENE C. * REBULANAN, 0000 PRESTON S. SCHLACHTER, 0000 MARK D. OREILLY, 0000 JAMES D. * RECORD, 0000 WILLIAM F. * SCHLICHTIG, 0000 AARON G. * ORLUCK, 0000 CLIFTON D. * REED, 0000 TIMOTHY J. * SCHMAL, 0000 PAUL H. * ORTH, 0000 MICHAEL G. REED, 0000 DONALD A. SCHMIDT, 0000 REID N. * ORTH, 0000 TYRONE A. * REED II, 0000 LANCE E. * SCHMIDT, 0000 ELIZABETH A. * ORTIZ, 0000 MARK J. * REENTS, 0000 JOAN M. * SCHMITZDAVIS, 0000 RYAN K. OSTEROOS, 0000 THERESA A. REESE, 0000 MICHAEL K. SCHNABEL, 0000 GUSTAV A. * OTTO, 0000 BOB A. * REEVES, 0000 MARK A. * SCHRAMEK, 0000 DAVID E. OUE, 0000 JAY B. REEVES, 0000 MICHAEL D. * SCHRIPSEMA, 0000 CHRISTOPHER J. OUELLETTE, 0000 LAURA A. REGAN, 0000 JOHN P. SCHROEDER, 0000 CHRISTOPHER T. OWENS, 0000 ROMERO H. * REID, 0000 LES A. * SCHROEDER, 0000 LEE S. OWENS IV, 0000 MARK D. REIMANN, 0000 SCOTT A. * SCHROER, 0000 ROBB E. * OWENS, 0000 JOHN J. * REIMER, 0000 BRIAN A. * SCHUBERT, 0000 NATHAN B. PADDOCK, 0000 ANDREW S. * REISENWEBER, 0000 LAWRENCE J. SCHUH, 0000 MICHAEL D. PAKIZ, 0000 JACK M. * REMBISZ, 0000 MARTIN E. * SCHULTING, 0000 MARK S. * PALERMO, 0000 ROBERT A. REMEY JR., 0000 KIRK M. SCHULTZ, 0000 JAMES F. * PALUMBO, 0000 ROBERT S. RENFRO II, 0000 WILLIAM A. SCHUM, 0000 JOHN P. PANTLEO, 0000 STEVE L. * RENNER, 0000 JOHN H. * SCHUTTE, 0000 DAVID R. PARKER, 0000 BRADLEY D. * RENNICH, 0000 GREGORY J. * SCHWABACHER, 0000 FRED C. * PARKER JR., 0000 JOHN E. * RENSEL, 0000 PAUL H. * SCHWARTZ, 0000 MATTHEW A. PARKER, 0000 KEVIN H. * RESNICK, 0000 ANNA L. * SCHWING, 0000 JEFFREY J. PARKS, 0000 ANTHONY G. RETKA, 0000 RICHARD T. SCOTT, 0000 PENNY E. PARMER, 0000 DEBORAH L. REUTHER, 0000 ROGER ALAN SCOTT, 0000 CHRISTOPHER R. * PARRISH, 0000 RAUL * REYES JR., 0000 SEAN H. * SCOTT, 0000 MICHAEL R. * PARRISH, 0000 LEROY P. * REYNOLDS, 0000 GREGORY J. * SCOUGALL, 0000 MARK A. PARROTT, 0000 ROBERT E. * REYNOLDS, 0000 CHRISTOPHER R. * SCRUTON, 0000 CHRISTOPHER W. PARRY, 0000 JESSICA N. RHYNE, 0000 RANDALL A. * SECHLER, 0000 TIFFANY L. PASANEN, 0000 WILLIAM A. * RHYNE, 0000 ROLAND E. SECODY, 0000 MATTHEW A. PASCO, 0000 DOUGLAS P. * RICE, 0000 EDWARD C. * SEGURA, 0000 ROBBIE J. PASSINAULT, 0000 JONATHAN C. RICE IV, 0000 LONES B. SEIBER III, 0000 ROBERT L. * PATA, 0000 GLEN S. RICHARDS, 0000 HARRY L. * SEIBERT JR., 0000 JASON * PATLA, 0000 BRYAN D. * RICHARDSON, 0000 BRETT S. SEILING, 0000 SAMUEL E. * PATRICK, 0000 VINCENT T. RICHE, 0000 SCOTT C. * SELCHERT, 0000 WILLIAM T. PATRICK, 0000 DAVID J. RICHIE, 0000 ATHIE L. * SELF, 0000 JEFFERY S. PATTON, 0000 MICHAEL J. RICHMAN, 0000 KEVIN C. * SELLERS, 0000 ROBERT L. PATTON, 0000 LAURIE K. * RICHTER, 0000 MARK A. SENG, 0000 DANIEL C. * PAUL, 0000 CHAD A. RIDEN, 0000 JOHN D. SEUELL, 0000 JOHN G. * PAUL, 0000 MICHAEL G. RIDER, 0000 SUZETTE D. SEUELL, 0000 DANIEL T. * PAWLAK, 0000 JODI M. * RILEY, 0000 JON M. * SHAFFER, 0000 JEFFREY L. PAYNE, 0000 WILLIAM J. * RILEY, 0000 BRYAN K. * SHARBER, 0000 SCOTT L. * PAYNE, 0000 CHRISTINE Y. RILOVICK, 0000 RAMSEY F. SHARIF, 0000 TODD A. * PEACHEY, 0000 DANIEL J. * RISBERG, 0000 ROBERT M. SHARPLES JR., 0000 TIMOTHY J. * PEARSON, 0000 TILGHMAN L. RITTENHOUSE, 0000 ANTHONY G. * SHEA JR., 0000 PATRICK J. PELKINGTON, 0000 NICHOLAS C. ROACH, 0000 DONALD G. SHEESLEY, 0000 CRAIG D. * PELTZ, 0000 STEVEN M. ROARK, 0000 RICHARD C. SHEFFE, 0000 CORNELL A. * PENN, 0000 CHARLES P. ROBERTS, 0000 MICHAEL L. * SHETLER, 0000 KEVIN M. * PENROD, 0000 CYNTHIA M. * ROBERTS, 0000 GLEN R. * SHILLAND, 0000 PAUL F. PERKINS, 0000 GLEN F. * ROBERTS, 0000 MARCUS J. * SHIPMAN, 0000 LEON J. * PERKOWSKI, 0000 SEAN W. ROBERTSON, 0000 DAVID G. SHOEMAKER, 0000 NESTOR L. PERONE JR., 0000 SEAN P. * ROBINSON, 0000 DOUGLAS L. * SHORT, 0000 TERRI LYNN R. * PERONE, 0000 WILLIAM C. ROBINSON, 0000 JASON E. SHROYER, 0000 CRAIG M. PERRY, 0000 BRETT M. * ROBISON, 0000 THOMAS C. * SHRUM, 0000 AMY G. * PETERSON, 0000 BLAINE L. ROCHLITZ, 0000 SHAWN M. * SHUGARS, 0000 CHARLES H. PETERSON, 0000 QUENTON L. * RODGERS, 0000 DEANNA M. * SICARD, 0000 JOHN C. PETERSON, 0000 ROBYNN C. * RODMAN, 0000 MICHAEL J. SIERCO, 0000 PAUL L. * PETHEL, 0000 ANTONIO E. RODRIGUEZ, 0000 JAMES W. SIKRA, 0000 EVAN L. PETTUS, 0000 ARNOLD * RODRIGUEZ, 0000 JOHN D. * SILVERMAN, 0000 BENJAMIN D. * PHILLIPS, 0000 CHRISTINA M. RODRIGUEZ, 0000 JEFFREY D. * SIMONS, 0000 DANIEL R. * PHILLIPS, 0000 DAVID * RODRIGUEZ, 0000 DAVID G. * SIMPSON, 0000 GRADY T. * PHILLIPS, 0000 JOSEPH I. * RODRIGUEZ, 0000 STEVEN M. SIMS, 0000 IAN D. PHILLIPS, 0000 VERONICA A. * RODRIGUEZ, 0000 DAVID S. * SINGER, 0000 JEREMY C. PHILLIPS, 0000 PATRICIA RODRIGUEZREY, 0000 KERI L. SINGLETON, 0000 WILLIAM M. C. * PHILLIPS, 0000 OSCAR RODSON, 0000 MATTHEW A. SINNING, 0000 STEPHEN M. PIEPER, 0000 JAMES S. * ROE II, 0000 CHRISTOPHER W. * SIPE, 0000 DAVID A. PIFFARERIO, 0000 GARY L. ROEDIGER, 0000 DAVID M. SIRESS, 0000 CHRISTIANE J. PINDAT, 0000 STEVEN A. ROEHRICK, 0000 TIMOTHY A. * SITES, 0000 WILLIAM F. * PING III, 0000 RYAN C. * ROGERS, 0000 KURT D. * SKINNER, 0000 KELLY S. * PIRTLE, 0000 JOSEPH A. ROLENC, 0000 MARK T. SKOSICH, 0000 RYAN G. * PLUNKETT, 0000 SCOTT A. ROMBERGER, 0000 GORDON K. * SLATON, 0000 CALLEY J. POARCH, 0000 MARTIN D. * ROMIG, 0000 STEPHEN M. SLOOP, 0000 ROBERT T. * POCHERT, 0000 MICHAEL J. * ROONEY, 0000 ALISON E. SLUCAS, 0000 RANDALL D. POLLAK, 0000 TREVOR * ROSENBERG, 0000 KENNETH G. * SMEENK, 0000 STEVEN A. * POLLIARD, 0000 SCOTT A. * ROTH, 0000 BRADLEY K. SMITH, 0000 PATRICK D. POPE, 0000 ERROL W. * ROTTMAN JR., 0000 CHAD A. * SMITH, 0000 ANDREW C. POPIEL, 0000 PAUL C. * ROUNSAVALL, 0000 CRISTIAN S. SMITH, 0000

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DOUGLAS D. SMITH, 0000 RICKY A. * THOMAS, 0000 CHRISTIAN A. WENDLER, 0000 GARY T. SMITH, 0000 CHARLES I. THOMPSON, 0000 KURT A. WENDT, 0000 JAMES E. C. * SMITH, 0000 JAMES E. THOMPSON, 0000 TREVOR A. * WENTLANDT, 0000 JOHN P. * SMITH, 0000 JONATHAN S. * THOMPSON, 0000 SHELDON S. * WERNER, 0000 JOHN T. W. * SMITH, 0000 KEVIN V. THOMPSON, 0000 ALAN J. WESENBERG, 0000 KATHRYN E. SMITH, 0000 ROBERT S. * THOMPSON, 0000 TRACY L. WEST, 0000 MARCIA C. SMITH, 0000 SHAWN C. * THOMPSON, 0000 DEANNA L. * WESTENHAVER, 0000 MATTHEW P. * SMITH, 0000 KERRY L. * TIDMORE, 0000 SCOTT A. WESTON, 0000 MICHAEL S. * SMITH, 0000 DAYMEN L. TIFFANY, 0000 MICHAEL R. * WHALEN, 0000 MICHAEL S. SMITH, 0000 JR. VASAGA * TILO, 0000 PATRICK J. * WHELAN, 0000 NICHOLAS A. SMITH, 0000 GREG E. * TITUS, 0000 ANTHONY D. * WHITE, 0000 PAUL P. SMITH JR., 0000 GREG E. * TOBIN, 0000 PATRICK J. * WHITE, 0000 SHANE A. * SMITH, 0000 STEVEN S. TODD, 0000 ROBERT T. * WHITE, 0000 STEPHEN F. SMITH, 0000 TONNEE M. TONNESEN, 0000 WILLIAM P. * WHITE III, 0000 SUSAN R. * SMITH, 0000 DAVID G. TOOGOOD, 0000 RANDY C. A. WHITECOTTON, 0000 TREVOR W. SMITH, 0000 ROBERT J. * TOREN, 0000 MICHAEL F. * WHITEHEAD, 0000 WESLEY P. SMITH, 0000 JOHN M. * TORRES, 0000 TREVOR J. * WHITEHILL, 0000 MARK K. * SNOW, 0000 JOSEPH P. TORRES, 0000 JILL L. * WHITESELL, 0000 MARK A. SNOWDEN, 0000 KYLE E. * TORSTER, 0000 LANCE D. WHITFILL, 0000 CHRISTOPHER J. * SOLO, 0000 BRIAN E. TOTH, 0000 PAUL H. * WHITMORE, 0000 REBECCA J. SONKISS, 0000 GARY A. * TOWN, 0000 MICHAEL G. WHYTE, 0000 TITI SOO, 0000 MICHAEL J. TOWNS, 0000 CURTIS J. WICHERS, 0000 NATHANIEL A. * SOUTHWORTH, 0000 PHUONG T. * TRAN, 0000 JEFFREY C. * WIEMERI, 0000 CHRISTOPHER J. SOVADA, 0000 THUAN H. * TRAN, 0000 RICHARD T. * WIGLE, 0000 JENNIFER P. SOVADA, 0000 WILLIAM D. TRAUTMANN, 0000 JOHN B. WILBOURNE, 0000 ANTHONY W. * SPADUZZI, 0000 KEITH L. * TRAVIS, 0000 ROBERT D. * WILFONG, 0000 ADRIAN L. * SPAIN, 0000 TIMOTHY J. * TREAT, 0000 LANCE A. WILKINS, 0000 MICHAEL J. SPANICH III, 0000 JAMES P. * TRESEMER, 0000 CHRISTOPHER J. * WILL, 0000 BRADLEY L. SPEARS, 0000 DAVID A. * TREYBAL, 0000 BRENT D. * WILLIAMS, 0000 DAVID B. * SPENCER, 0000 JENNIFER R. * TRIEFLER, 0000 CHRISTOPHER S. * WILLIAMS, 0000 YVONNE S. SPENCER, 0000 JACOB TRIGLER, 0000 DARIN L. WILLIAMS, 0000 SCOTT A. SPIERS, 0000 RONALD P. * TROSCLAIR JR., 0000 DAVID B. WILLIAMS, 0000 JEFFREY P. SPINNANGER, 0000 CHRISTOPHER * TROTTER, 0000 SHON P. WILLIAMS, 0000 RICHARD A. * SPOSATO, 0000 RAYMOND T. T. TRUONG, 0000 TIMOTHY P. * WILLIAMS, 0000 DENNIS R. * SPRENKLE, 0000 JOHN E. * TRYON, 0000 STANLEY A. * SPRINGER, 0000 RICHARD J. * TRZASKOMA, 0000 BRETT A. WILMORE, 0000 RONALD S. * SPROWLS, 0000 ERIC J. TUCKER, 0000 DONALD S. * WILSON, 0000 RICHARD G. * STACEY, 0000 KELLY C. * TUCKER, 0000 JAMES S. * WILSON, 0000 KIRK N. * STAHLBAUM, 0000 STEVEN L. TUGGLE, 0000 REGINA S. * WINCHESTER, 0000 JEFFREY D. * STANDS, 0000 TODD W. TUMIDANSKI, 0000 BRIAN K. WINKLEPLECK, 0000 DAVID L. * STANFIELD, 0000 TEERA TONY * TUNYAVONGS, 0000 JOHN W. * WINKLER, 0000 GEORGE A. STANLEY, 0000 CHARLES W. * TURNER, 0000 WILLIAM R. * WINSTEAD, 0000 MARK L. STANLEY, 0000 JAMES A. * TURNER, 0000 JOSEPH R. WIRTHLIN, 0000 WESTLEY D. STARK, 0000 UDUAK I. * UDOAKA, 0000 WAYNE L. * WISNESKI, 0000 DEVIN * STATHAM, 0000 KENNETH R. * UHLER, 0000 MICHAEL F. WITTROCK, 0000 GREGORY A. * STAVEN, 0000 KERRI L. * UHLMEYER, 0000 THOMAS Q. * WOFFORD, 0000 JONATHAN A. * STECKBECK, 0000 DANIEL S. ULMER, 0000 AMY * WOLF, 0000 STEVEN G. * STEEL, 0000 RYAN J. * UMSTATTD, 0000 JASON Z. WOLLARD, 0000 RICHARD V. STEELE, 0000 GEORGE T. * UNSINGER, 0000 GREGORY R. WOOD, 0000 CRAIG S. STEFAN, 0000 MICHAEL J. * VACCARO, 0000 MARK F. WOOD, 0000 TIMOTHY J. STEFFEN, 0000 DAVID M. * VACLAVIK, 0000 ZACHARY A. WOOD, 0000 WILLIAM F. * STEGEMERTEN, 0000 MACEDONIO * VALDOVINOS, 0000 WILLIAM A. * WOODALL JR., 0000 ROBERT W. STEINDL, 0000 JEFFERY D. * VALENZIA, 0000 KENNETH P. WOODCOCK, 0000 MICHAEL J. STEPANIAK, 0000 WEEZENDONK JENNIFER H. * VAN, 0000 WILLIAM A. * WOOLF, 0000 JESSE S. * STEVENS, 0000 CHRISTOPHER J. VANDERSYS, 0000 MARK D. * WORKMAN, 0000 KENDAL A. * STEVENSON, 0000 BRIAN C. VANMATRE, 0000 BLAINE J. * WORTHINGTON, 0000 ANGELA G. * STICKELS, 0000 MARK W. * VANMETER, 0000 ERIC W. WRIGHT, 0000 WILLIAM J. * STOCKEL, 0000 TAD D. VANNAMAN, 0000 JONATHAN L. WRIGHT, 0000 JOHN D. STOCKWELL, 0000 JASON A. VANVALIN, 0000 JOSEPH B. WURMSTEIN, 0000 KENNETH G. STOLTMAN, 0000 JAMES D. * VARDEN, 0000 ALBERT J. * WYKOFF III, 0000 DAVID E. * STONE, 0000 SCOTT A. * VAUGHAN, 0000 ALEXANDER M. WYLIE, 0000 LAURA M. * STONE, 0000 MICHAEL S. * VAUGHN, 0000 SAXON T. YANDELL, 0000 JERRY C. * STONECIPHER, 0000 DANIEL J. VEAL III, 0000 SARAH H. YANG, 0000 CHARMAINE L. * STOREY, 0000 DENNIS R. * VEENEMAN, 0000 HEATHER H. * YATES, 0000 PATRICK D. * STOVALL, 0000 JOSEPH L. * VEIT, 0000 JEFFREY L. * YEATMAN, 0000 STEVEN T. STRAH, 0000 EDWARD S. * VEITCH, 0000 KENNETH E. YEE, 0000 ERNESTA J. * STRAIT, 0000 MICHELLE A. VESTAL, 0000 KYON R. * YI, 0000 TODD R. STRATTON, 0000 DONALD D. * VIEIRA, 0000 JOHN A. * YOCUM, 0000 DOUGLAS J. * STRAUSS, 0000 KRISTINE N. * VIER, 0000 SANG H. YOO, 0000 CHRISTOPHER R. STRICKLIN, 0000 DAVID C. * VILLAUME, 0000 BANTA M. * YORK III, 0000 ANTHONY C. * STROUP, 0000 MATTHEW C. VILLELLA, 0000 BRIAN J. * YOUNG, 0000 JON A. * STRUCK, 0000 JOHN C. VINCENT, 0000 MICHAEL B. * YOUNG, 0000 ERIC H. STUBBS, 0000 TRAVIS S. VIRES, 0000 RICARDO D. * YOUNG, 0000 MICHAEL C. SUERMANN, 0000 FRANK S. * VIRGADAMO, 0000 RANDY JOSEPH * YOVANOVICH, 0000 TERESA L. * SUH, 0000 DIANE E. VITAS, 0000 HELEN H. * YU, 0000 WILLIAM D. SULLIVAN, 0000 JASON A. VITAS, 0000 YOUNGKUN S. * YU, 0000 TIMOTHY G. SUMJA, 0000 JODI M. VITTORI, 0000 JAMES * YURACK, 0000 NORMAN C. SUMMERS, 0000 CHRISTOPHER C. VOGEL, 0000 ROEL ZAMORA, 0000 DONALD A. SUPON JR., 0000 JOACHIM F. C. * VOGT, 0000 SCOTTIE L. ZAMZOW, 0000 RICHARD E. * SUTTER, 0000 ERIC M. VOLD, 0000 JOHN P. * ZAPATA, 0000 CURTIS B. SUTTON, 0000 DAVID M. VONDRAK, 0000 ZACHARY B. ZEINER, 0000 PHILLIP A. SUYDAM, 0000 JOHN J. * VONOSTERHELDT, 0000 DEAN E. * ZEZEUS, 0000 SCOTT A. * SVEINSSON, 0000 TIMOTHY D. * VOSS, 0000 JAMES J. ZIRKEL, 0000 JOHN F. * SWANAY, 0000 KEVIN P. WADE, 0000 STEVEN M. ZUBOWICZ, 0000 DONALD M. SWEENEY III, 0000 PATRICK C. * WADE, 0000 WILLIAM A. ZUTT, 0000 PHILLIP C. SWENSON, 0000 RICHARD J. WAGEMAN JR., 0000 IN THE ARMY MARK S. * SWIATEK, 0000 SANDRA S. * WAGGLE, 0000 ROBERT A. * SYLVESTER, 0000 JAY P. * WAHLEITHNER, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF PAUL G. * SZWEDA, 0000 DONALD S. * WALKER, 0000 THE UNITED STATES OFFICER FOR APPOINTMENT TO JOSEPH L. * TAFFE, 0000 PAUL G. * WALKER, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY ANDREW J. * TALIERCIO, 0000 KARILYNNE * WALLACE, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JAMES M. TAMURA, 0000 SR. DAVID J. WALLER, 0000 BRYAN C. * TAYLOR, 0000 WILLIAM B. WALPERT, 0000 To be colonel DANIELLE L. * TAYLOR, 0000 THOMAS B. * WALSH II, 0000 JOHN B. MUNOZATKINSON, 0000 DREW R. * TAYLOR, 0000 JENNIFER G. * WALSTON, 0000 JASON W. TAYLOR, 0000 JAMES W. WAMHOFF, 0000 IN THE MARINE CORPS KIM N. * TAYLOR, 0000 DANIEL B. * WARD, 0000 PAUL R. TAYLOR JR., 0000 DOUGLAS M. * WARE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SCOTT T. TAYLOR, 0000 CLINTON F. WARNER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- THOMAS A. * TAYLOR, 0000 SHAWN R. * WARNER, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: JOHN D. * TAYMAN, 0000 JASON A. * WARNICK, 0000 To be major LAURA L. TEAL, 0000 JENIFER B. E. * WARREN, 0000 KENNETH J. * TEBBE, 0000 WILLIAM B. * WARREN, 0000 COLIN D. SMITH, 0000 ARTURO J. * TECSON, 0000 JESSE M. * WASHBURN, 0000 MARY R. * TEETER, 0000 BRADLEY DAVID * WATERS, 0000 ERNEST J. * TEICHERT III, 0000 DARRELL T. * WATKINS, 0000 f MICHAEL P. TERNUS, 0000 TRACY R. * WATKINS, 0000 DARRYL L. TERRELL JR., 0000 STEVEN G. WATSON, 0000 JOSEPH C. TERRONES, 0000 DANIEL E. WEAK, 0000 CONFIRMATION JONATHAN L. * TERRY, 0000 CHARLES H. * WEAVER, 0000 HANS T. THATCHER, 0000 MICHAEL T. * WEAVER, 0000 Executive nomination confirmed by ALLEN L. * THIBEAUX, 0000 WILLIAM T. * WEBB, 0000 KELLEY A. * THIBODEAU, 0000 MATTHEW J. * WEHNER, 0000 the Senate September 4, 2003: JEREMY L. * THIEL, 0000 PETER J. * WEIDNER, 0000 THE JUDICIARY DOUGLAS G. THIES, 0000 GEOFFREY F. WEISS, 0000 JOSEPH A. THILL, 0000 HEWETT S. * WELLS, 0000 STEVEN M. COLLOTON, OF IOWA, TO BE UNITED STATES JOSEPH Y. * THOMAS, 0000 DUSTIN C. WELSH, 0000 CIRCUIT JUDGE FOR THE EIGHTH CIRCUIT.

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VerDate Mar 15 2010 21:08 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 9801 E:\2003SENATE\S04SE3.REC S04SE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1679 EXTENSIONS OF REMARKS

CORRECTING AN INJUSTICE TO It is my hope that my colleagues in the His sterling approach to educating, moti- INJURED SERVICE MEMBERS House will join me in sponsoring this legisla- vating and mentoring the members of his foot- tion and in urging the Committees with juris- ball teams has led to two District Champion- HON. C.W. BILL YOUNG diction to expedite its enactment as a fitting ships in the year 2000, and culminating in four OF FLORIDA tribute to all those who serve so valiantly and District Championships at Miami Northwestern unfortunately have returned home injured, Senior High with a hard-to-beat record of 60 IN THE HOUSE OF REPRESENTATIVES missing limbs, and in many cases being per- wins against only 9 losses. As Assistant Wednesday, September 3, 2003 manently disabled. It is the least we can do for Coach, he contributed to the winning of the Mr. YOUNG of Florida. Mr. Speaker, my our nation’s keepers of peace and defenders 1995 6–A Florida Football State Champion- wife Beverly and I spend considerable time of freedom. ship, and as Head Coach, he likewise won the visiting with injured soldiers, sailors, marines, f 1998 6–A Florida Football State Champion- airmen, and coasties at the Walter Reed Army ship. These enviable achievements were TRIBUTE TO MR. WILLIAM Medical Center and the National Naval Med- made possible by his emphasis on utmost per- ‘‘BILLY’’ ROLLE ical Center in Bethesda. Our goal is to provide sonal responsibility and his ability to converge comfort and support to the service members same into a zealous dedication to the de- and their families. HON. KENDRICK B. MEEK mands of teamwork above any and all indi- This is a project Beverly has led for many OF FLORIDA vidual accomplishments. years, long before the inception of Operations IN THE HOUSE OF REPRESENTATIVES As a whole, our community is genuinely Enduring Freedom and Iraqi Freedom. Wednesday, September 3, 2003 honored by the leadership of Coach ‘‘Billy’’ Throughout the years, we have helped solve Mr. MEEK of Florida. Mr. Speaker, I rise to Rolle. Accordingly, his being enshrined into many problems large and small that involved pay tribute to Mr. William ‘‘Billy’’ Rolle, Former the Sports Hall of Fame at Florida A&M Uni- patient care, benefits, and tangled bureauc- Head Coach of the Miami Northwestern Senior versity this Friday is an unerring testament to racy. High School Football Team. He has become his honoring the family of students and par- Recently, though, we learned of a problem the winningest varsity coach in the recent his- ents, the faculty and staffs of various senior that I consider a serious affront to those in- tory of Miami-Dade Public Schools, the na- high schools to which he has been assigned jured in battle and training. Upon being dis- tion’s fourth largest school system. This Fri- all through these years since 1983. The dedi- charged from the hospital, our enlisted per- day, September 5, 2003, Coach Rolle will be cation of his sterling efforts toward molding the sonnel and officers are served with a bill to inducted into the Sports Hall of Fame of Flor- minds and hearts of countless young student- pay for their ‘‘subsistence’’ while in the hos- ida A&M University in Tallahassee, Florida. athletes gives honor and respect to a commu- pital. The current daily rate for these charges Coach Rolle will join members of his family nity that is fully cognizant of his many sac- is $8.10. in this elite circle of achievement to be so hon- rifices and unselfish contributions. We learned about this from our visits with ored by this great university, my Alma Mater. This is the magnificent legacy Coach Wil- Staff Sergeant William L. Murwin, who spent Honorees include his late father William Rolle, liam ‘‘Billy’’ Rolle genuinely bequeaths to all of 26 days in the hospital recovering from injuries his mother Frankie Shannon Rolle, his aunt us as he enters the Sports Hall of Fame. Suf- incurred in Iraq. Sergeant Murwin is a reserv- Sophia and his uncle Walter White, his late fice it to say that his pursuit of athletic excel- ist in the Marine Corps who was injured when cousin FAMU Coach Bob Mungen and his late lence amidst scholastic achievement is not be- a 10-year-old Iraqi dropped a grenade in the godbrother, the legendary Robert ‘‘Bob’’ yond the reach of those willing to dare the im- HUMVEE he was driving. As a result of the Hayes. possible through hard work, discipline and re- explosion, Sergeant Murwin is a partial ampu- Indeed, this is a milestone in the annals of silience. Indeed, I am privileged but deeply tee, having lost a large part of his foot. FAMU’s athletic glory, and has distinctly elic- humbled to represent him, his wife Loretta and Upon his discharge July 18th to return home ited so much following from the constituents of his two children, B.J. and Sheree, along with to Nevada and his job as a sheriff’s deputy, the 17th Congressional District. As I join them his noble forbears, in the United States Con- Sergeant Murwin was handed a bill from the in extolling the hard work and sacrifices of his gress, knowing full well that together they hospital for $210.60 to pay for his food and parents, the faculty and staff of Miami North- have done so much to dignify the pride of a subsistence. Beverly and I paid this bill for western Senior High School located in the grateful community. Sergeant Murwin because we consider it an heart of Liberty City, I want to likewise com- f injustice to ask those who have served us so mend the exemplary role of this honoree. Due IN HONOR OF THE FRIENDS OF courageously in Afghanistan and Iraq to pay to his utmost commitment to his students, par- JEFFERSON PATTERSON PARK for their food while hospitalized. ticularly his student-athletes, Coach ‘‘Billy’’ AND MUSEUM’S RECEIPT OF A Legislation I am introducing today would Rolle has become the cornerstone of excellent 2003 CHESAPEAKE BAY GATE- amend current law to prohibit service mem- programs that buttress academic scholarship WAYS NETWORK GRANT bers injured in combat or training from being on one hand, and athletic achievement on the billed for the food while hospitalized. Congress other. initially initiated the system of charging for I would like to congratulate him for fast be- HON. STENY H. HOYER OF MARYLAND subsistence costs for officers who were hos- coming the legendary coach that he is now IN THE HOUSE OF REPRESENTATIVES pitalized in 1958 under Public Law 85–861. known among his colleagues and in high The 97th Congress amended this law in 1981 school football circles not only across Florida, Wednesday, September 3, 2003 with Public Law 97–22 to include enlisted but across the nation as well. I am also to Mr. HOYER. Mr. Speaker, I rise today to service members. privy to his work ethic and dogged discipline recognize the Friends of Jefferson Patterson Mr. Speaker, this is a long overdue correc- throughout his coaching years, paving the way Park and Museum. This organization received tion to our statutes. No one wants to see for excellence both in the classroom and on a 2003 Chesapeake Bay Gateways Network these men and women have to write a check the gridiron. Known for his no-nonsense ap- Grant for a project designed to enhance op- for their hospital stay, least of all the staff of proach to forthright guidance and counseling portunities for visitors to explore the lands and our nation’s military hospitals. We should be among his student-athletes, Coach ‘‘Billy’’ stories of Jefferson Patterson Park and Mu- honoring and thanking those in uniform for Rolle has certainly surrounded himself with ex- seum. their service to the cause of peace and free- cellent coaching staffs whose knowledge and The Chesapeake Bay Gateways Network, dom, not billing them for their food. And we sensitivity to sporting activities befitting the which includes more than 120 museums, state should be doing all we can to help them re- school ambiance superbly complements and parks, wildlife refugees and other sites in five cover from their injuries, not ask them to write supplements the learning needs of his stu- states and the District of Columbia, was cre- a check to the U.S. Government. dents. ated to enhance the experience of visitors to

∑ 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 jul 14 2003 02:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A03SE8.024 E04PT1 E1680 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 2003 the Chesapeake Bay and its many roads, riv- did not come to Your help?’’ And Jesus will Scripture tells us. And so, we have been cre- ers and trails. Authorized by the Chesapeake answer them, ‘‘Whatever you neglected to do ated to love as He loves us. Jesus makes Bay Initiative Act of 1998, the Gateways Net- unto one of these least of these, you ne- Himself the hungry one, the naked one, the glected to do unto Me!’’ homeless one, the unwanted one, and He work is coordinated by the National Park Serv- As we have gathered here to pray together, says, ‘‘You did it to Me.’’ On the last day He ice in partnership with the Chesapeake Bay I think it will be beautiful if we begin with will say to those on His right, ‘‘whatever you Program. a prayer that expresses very well what Jesus did to the least of these, you did to Me, and During the past four years, Gateways Net- wants us to do for the least. St. Francis of He will also say to those on His left, what- work Grants have funded new maps, improved Assisi understood very well these words of ever you neglected to do for the least of signs, and expanded trails that have made vis- Jesus and His life is very well expressed by a these, you neglected to do it for Me.’’ its to parks, wildlife refuges and water trails prayer. And this prayer, which we say every When He was dying on the Cross, Jesus said, ‘‘I thirst.’’ Jesus is thirsting for our even more exciting and enjoyable than they day after Holy Communion, always surprises me very much, because it is very fitting for love, and this is the thirst of everyone, poor had previously been. These grants help en- each one of us. And I always wonder whether and rich alike. We all thirst for the love of hance the public’s ability to learn and enjoy 800 years ago when St. Francis lived, they others, that they go out of their way to the Chesapeake’s stories and significance, ex- had the same difficulties that we have today. avoid harming us and to do good to us. This plore its natural and cultural resources, and I think that some of you already have this is the meaning of true love, to give until it become involved in helping conserve and re- prayer of peace—so we will pray it together. hurts. store the Bay and its watershed. Through Let us thank God for the opportunity He I can never forget the experience I had in visiting a home where they kept all these old these projects and other Gateways Network has given us today to have come here to pray together. We have come here especially to parents of sons and daughters who had just efforts more and more people recognize the pray for peace, joy and love. We are re- put them into an institution and forgotten Chesapeake as a true national treasure. minded that Jesus came to bring the good them—maybe. I saw that in that home these In 2003, the National Park Service is award- news to the poor. He had told us what is that old people had everything—good food, com- ing $1,387,309 in grant funding, matched by good news when He said: ‘‘My peace I leave fortable place, television, everything, but ev- over $2 million in partner contributions. Thirty- with you, My peace I give unto you.’’ He eryone was looking toward the door. And I two grants are being made to Gateways came not to give the peace of the world did not see a single one with a smile on the throughout the Bay watershed in Maryland, which is only that we don’t bother each face. I turned to Sister and I asked: ‘‘Why do these people who have every comfort here, New York, Pennsylvania and Virginia. The other. He came to give the peace of heart which comes from loving—from doing good why are they all looking toward the door? Friends of Jefferson Patterson Park and Mu- to others. Why are they not smiling?’’ seum is receiving a grant of $41,400 and And God loved the world so much that He I am so used to seeing the smiles on our $62,563 in partner contributions. gave His son—it was a giving. God gave His people, even the dying ones smile. And Sister The project proposed by the Friends of Jef- son to the Virgin Mary, and what did she do said: ‘‘This is the way it is nearly everyday. ferson Patterson Park and Museum will extend with Him? As soon as Jesus came into They are expecting, they are hoping that a the Shoreline Loop Trail to 3.75 miles, adding Mary’s life, immediately she went in haste son or daughter will come to visit them. to 50 percent to its length, and resulting in the to give that good news. And as she came into They are hurt because they are forgotten.’’ And see, this neglect to love brings spiritual longest publicly accessible shoreline in Calvert the house of her cousin, Elizabeth, Scripture tells us that the unborn child—the child in poverty. Maybe in our own family we have County, Maryland. Greater public access to the womb of Elizabeth—leapt with joy. While somebody who is feeling lonely, who is feel- the Patuxent River will help people enjoy this still in the womb of Mary—Jesus brought ing sick, who is feeling worried. Are we scenic Chesapeake Bay tributary. A trail map peace to John the Baptist who leapt for joy there? Are we willing to give until it hurts in and guide will be prepared and a series of in the womb of Elizabeth. order to be with our families, or do we put wayside exhibit panels will also be added And as if that were not enough, as if it our own interests first? These are the ques- along the trail to interpret the environment and were not enough that God the Son should be- tions we must ask ourselves, especially as we the diverse cultures that have influenced this come one of us and bring peace and joy while begin this year of the family. We must re- still in the womb of Mary, Jesus also died on member that love begins at home and we site over time. The park will also develop an the Cross to show that greater love. He died must also remember that ‘‘the future of hu- overall interpretive plan for the park to guide for you and for me, and for the leper and for manity passes through the family.’’ both this project and all future interpretive ef- that man dying of hunger and that naked I was surprised in the West to see so many forts. person lying in the street, not only of Cal- young boys and girls given to drugs. And I Mr. Speaker, it is with the assistance and vi- cutta, but of Africa, and everywhere. Our tried to find out why. Why is it like that, sion of organizations such as the Friends of Sisters serve these poor people in 105 coun- when those in the West have so many more Jefferson Patterson Park and Museum that the tries throughout the world. Jesus insisted things than those in the East? And the an- swer was: ‘‘Because there is no one in the Chesapeake Bay and the entire region has that we love one another as He loves each one of us. Jesus gave His life to love us and family to receive them.’’ Our children de- become the treasure that we know it to be He tells us that we also have to give what- pend on us for everything—their health, today. Mr. Speaker, please join me in con- ever it takes to do good to one another. And their nutrition, their security, their coming gratulating the Friends of Jefferson Patterson in the Gospel Jesus says very clearly: ‘‘Love to know and love God. For all of this, they Park and Museum on receiving this grant and as I have loved you.’’ look to us with trust, hope and expectation. wishing them the best of luck in completing Jesus died on the Cross because that is But often father and mother are so busy they their project. what it took for Him to do good to us—to have no time for their children, or perhaps save us from our selfishness in sin. He gave they are not even married or have given up f up everything to do the Father’s will—to on their marriage. So their children go to ADDRESS OF MOTHER THERESA show us that we too must be willing to give the streets and get involved in drugs or other TO THE NATIONAL PRAYER up everything to do God’s will—to love one things. We are talking of love of the child, another as He loves each of us. If we are not which is where love and peace must begin. BREAKFAST, FEBRUARY 5, 1994 willing to give whatever it takes to do good These are the things that break peace. to one another, sin is still in us. That is why But I feel that the greatest destroyer of HON. JOSEPH R. PITTS we too must give to each other until it hurts. peace today is abortion, because it is a war It is not enough for us to say: ‘‘I love God,’’ OF PENNSYLVANIA against the child, a direct killing of the in- but I also have to love my neighbor. St. John nocent child, murder by the mother herself. IN THE HOUSE OF REPRESENTATIVES says that you are a liar if you say you love And if we accept that a mother can kill even Wednesday, September 3, 2003 God and you don’t love your neighbor. How her own child, how can we tell other people can you love God whom you do not see, if not to kill one another? How do we persuade Mr. PITTS. Mr. Speaker, I submit the fol- you do not love your neighbor whom you see, a woman not to have an abortion? As always, lowing for the RECORD. whom you touch, with whom you live? And we must persuade her with love and we re- On the last day, Jesus will say to those on so it is very important for us to realize that mind ourselves that love means to be willing His right hand, ‘‘Come, enter the Kingdom. love, to be true, has to hurt. I must be will- to give until it hurts. Jesus gave even His For I was hungry and you gave me food, I ing to give whatever it takes not to harm life to love us. So, the mother who is think- was thirsty and you gave me drink, I was other people and, in fact, to do good to them. ing of abortion, should be helped to love, sick and you visited me.’’ Then Jesus will This requires that I be willing to give until that is, to give until it hurts her plans, or turn to those on His left hand and say, ‘‘De- it hurts. Otherwise, there is not true love in her free time, to respect the life of her child. part from me because I was hungry and you me and I bring injustice, not peace, to those The father of that child, whoever he is, must did not feed me, I was thirsty and you did around me. also give until it hurts. not give me to drink, I was sick and you did It hurt Jesus to love us. We have been cre- By abortion, the mother does not learn to not visit me.’’ These will ask Him, ‘‘When ated in His image for greater things, to love love, but kills even her own child to solve did we see You hungry, or thirsty or sick and and to be loved. We must ‘‘put on Christ’’ as her problems. And, by abortion, that father

VerDate jul 14 2003 02:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A03SE8.027 E04PT1 September 4, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1681 is told that he does not have to take any re- planning. We cannot solve all the problems tleman came to our house and said: ‘‘Mother sponsibility at all for the child he has in the world, but let us never bring in the Teresa, there is a family who have not eaten brought into the world. The father is likely worst problem of all, and that is to destroy for so long. Do something.’’ So I took some to put other women into the same trouble. love. And this is what happens when we tell rice and went there immediately. And I saw So abortion just leads to more abortion. Any people to practice contraception and abor- the children—their eyes shining with hunger. country that accepts abortion is not teach- tion. The poor are very great people. They I don’t know if you have ever seen hunger. ing its people to love, but to use any violence can teach us so many beautiful things. Once But I have seen it very often. And the moth- to get what they want. This is why the one of them came to thank us for teaching er of the family took the rice I gave her and greatest destroyer of love and peace is abor- her natural family planning and said: ‘‘You went out. When she came back, I asked her: tion. people who have practiced chastity, you are ‘‘Where did you go? What did you do?’’ And Many people are very, very concerned with the best people to teach us natural family she gave me a very simple answer: ‘‘They are the children of India, with the children of Af- planning because it is nothing more than hungry also.’’ What struck me was that she rica where quite a few die of hunger, and so self-control out of love for each other.’’ And knew—and who are they? A Muslim family— on. Many people are also concerned about all what this poor person said is very true. and she knew. I didn’t bring any more rice the violence in this great country of the These poor people maybe have nothing to that evening because I wanted them, Hindus United States. These concerns are very good. eat, maybe they have not a home to live in, and Muslims, to enjoy the joy of sharing. But often these same people are not con- but they can still be great people when they But there were those children, radiating cerned with the millions who are being are spiritually rich. joy, sharing the joy and peace with their killed by the deliberate decision of their own When I pick up a person from the street, mother because she had the love to give mothers. And this is what is the greatest de- hungry, I give him a plate of rice, a piece of until it hurts. And you see this is where love stroyer of peace today—abortion which bread. But a person who is shut out, who begins—at home in the family. brings people to such blindness. feels unwanted, unloved, terrified, the person So, as the example of this family shows, And for this I appeal in India and I appeal who has been thrown out of society—that God will never forget us and there is some- everywhere—‘‘Let us bring the child back.’’ spiritual poverty is much harder to over- thing you and I can always do. We can keep The child is God’s gift to the family. Each come. And abortion, which often follows the joy of loving Jesus in our hearts, and child is created in the special image and from contraception, brings a people to be share that joy with all we come in contact likeness of God for greater things—to love spiritually poor, and that is the worst pov- with. Let us make that one point—that no erty and the most difficult to overcome. and to be loved. In this year of the family we child will be unwanted, unloved, uncared for, must bring the child back to the center of Those who are materially poor can be very wonderful people. One evening we went out or killed and thrown away. And give until it our care and concern. This is the only way hurts with a smile. that our world can survive because our chil- and we picked up four people from the street. And one of them was in a most terrible con- Because I talk so much of giving with a dren are the only hope for the future. As smile, once a professor from the United older people are called to God, only their dition. I told the Sisters: ‘‘You take care of the other three; I will take care of the one States asked me: ‘‘Are you married?’’ And I children can take their places. said: ‘‘Yes, and I find it sometimes very dif- But what does God say to us? He says: who looks worse.’’ So I did for her all that my love can do. I put her in bed, and there ficult to smile at my spouse, Jesus, because ‘‘Even if a mother could forget her child, I He can be very demanding—sometimes.’’ will not forget you. I have carved you in the was such a beautiful smile on her face. She took hold of my hand, as she said one word This is really something true. And this is palm of my hand.’’ We are carved in the palm where love comes in when it is demanding, of His hand; that unborn child has been only: ‘‘thank you’’—and she died. I could not help but examine my con- and yet we can give it with joy. carved in the hand of God from conception science before her. And I asked: ‘‘What would One of the most demanding things for me and is called by God to love and to be loved, I say if I were in her place?’’ And my answer is travelling everywhere—and with publicity. not only now in this life, but forever. God was very simple. I would have tried to draw I have said to Jesus that if I don’t go to can never forget us. heaven for anything else, I will be going to I will tell you something beautiful. We are a little attention to myself. I would have said: ‘‘I am hungry, I am dying, I am cold, I heaven for all the travelling with all the fighting abortion by adoption—by care of the am in pain,’’ or something. But she gave me publicity, because it has purified me and sac- mother and adoption for her baby. We have much more—she gave me her grateful love. rificed me and made me really ready to go to saved thousands of lives. We have sent word And she died with a smile on her face. Then heaven. to the clinics, to the hospitals and police sta- there was the man we picked up from the If we remember that God loves us, and that tions: ‘‘Please don’t destroy the child; we drain, half eaten by worms and, after we had we can love others as He loves us, then will take the child.’’ So we always have brought him to the home, he only said, ‘‘I America can become a sign of peace for the someone tell the mothers in trouble: ‘‘Come, have lived like an animal in the street, but world. From here, a sign of care for the we will take care of you, we will get a home I am going to die as an angel, loved and weakest of the weak—the unborn child— for your child.’’ And we have a tremendous cared for.’’ Then, after we had removed all must go out to the world. If you become a demand from couples who cannot have a the worms from his body, all he said, with a burning light of justice and peace in the child—but I never give a child to a couple big smile, was: ‘‘Sister, I am going home to world, then really you will be true to what who have done something not to have a God’’—and he died. It was so wonderful to see the founders of this country stood for. God child. Jesus said, ‘‘Anyone who receives a the greatness of that man who could speak bless you! child in my name, receives me.’’ By adopting like that without blaming anybody, without f a child, these couples receive Jesus but, by comparing anything. Like an angel—this is aborting a child, a couple refuses to receive the greatness of people who are spiritually H. CON. RES. 249 EXPRESSING THE Jesus. rich even when they are materially poor. SENSE OF CONGRESS ON CON- Please don’t kill the child. I want the We are not social workers. We may be child. Please give me the child. I am willing doing social work in the eyes of some people, TINUED ENGAGEMENT IN IRAQ to accept any child who would be aborted but we must be contemplatives in the heart and to give that child to a married couple of the world. For we must bring that pres- HON. ALCEE L. HASTINGS who will love the child and be loved by the ence of God into your family, for the family OF FLORIDA child. From our children’s home in Calcutta that prays together, stays together. There is alone, we have saved over 3000 children from so much hatred, so much misery, and we IN THE HOUSE OF REPRESENTATIVES abortion. These children have brought such with our prayer, with our sacrifice, are be- Wednesday, September 3, 2003 love and joy to their adopting parents and ginning at home. Love begins at home, and it have grown up so full of love and joy. is not how much we do, but how much love Mr. HASTINGS of Florida. Mr. Speaker, this I know that couples have to plan their we put into what we do. is the second resolution concerning post-war family and for that there is natural family If we are contemplatives in the heart of Iraq that I have introduced this month. My planning. The way to plan the family is nat- the world with all its problems, these prob- Resolution is similar to an amendment that ural family planning, not contraception. In lems can never discourage us. We must al- destroying the power of giving life, through passed unanimously in the Senate on July 16, ways remember what God tells us in Scrip- 2003. It calls on the President to reach out to contraception, a husband or wife is doing ture: ‘‘Even if a mother could forget the something to self. This turns the attention child in her womb’’—something impossible, our allies in NATO, the United Nations, and to self and so it destroys the gifts of love in but even if she could forget—‘‘I will never the Organization for the Prohibition of Chem- him or her. In loving, the husband and wife forget you.’’ ical Weapons (OPCW) for help in postwar must turn the attention to each other as And so here I am talking with you. I want Iraq. happens in natural family planning, and not you to find the poor here, right in your own First, it calls on the President to request as- to self, as happens in contraception. Once home first. And begin love there. Be that sistance from NATO to raise a force for post- that living love is destroyed by contracep- good news to your own people first. And find tion, abortion follows very easily. out about your next-door neighbors. Do you war Iraq similar to Afghanistan, Bosnia, and I also know that there are great problems know who they are? Kosovo. Even though some NATO members, in the world—that many spouses do not love I had the most extraordinary experience of Great Britain, Spain, Italy and Poland, are al- each other enough to practice natural family love of neighbor with a Hindu family. A gen- ready contributing troops to our effort in Iraq,

VerDate jul 14 2003 02:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A03SE8.030 E04PT1 E1682 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 2003 American troops make up 90% of coalition [From International Herald Tribune, July 1, cemeteries were destroyed and the forces. 2003] headstones used in the building of roads. And second, it calls on the President to JUSTICE FOR JEWS FROM ARAB NATIONS In other words, first our homeland was seek military and civilian police assistance (By Giulia Boukhobza (IHT)) taken away from us, then our history as well. NEW YORK: This is the first time I have from members of the United Nations to aid in I can no longer be a Jew of silence, nor can ever written about my experience as a Jew promoting stability and security in post-war I allow myself to become a forgotten Jew. It from Libya, It’s not easy for me. The memo- Iraq. is time to reclaim my history. It is time to The U.S. and coalition forces currently occu- ries are still painful. Jews had a continual presence in Libya for demand accountability for the massive pying Iraq are being met with constant resist- over two thousand years, predating the Arab human rights violations that occurred to us ance and are being attacked on an average of conquest and occupation by centuries, My in Libya. twelve times a day. Increasing the number of own family had lived on Libyan soil for hun- That’s why, after 36 years, I’ve chosen to troops and police from other countries will re- dreds of years, if not longer. speak out today. duce the risks to U.S. and coalition forces cur- I was born in Libya in 1951, the year of the f country’s independence. rently in Iraq. International armed forces and CBO’S NEW PROJECTIONS ON THE police must assume some of the responsibil- Most of the nearly 40,000 Jews left Libya between 1948 and 1951 because of a wave of BUDGET AND THE ECONOMY ities for maintaining law and order in Iraq while anti-Jewish rioting, beginning in 1945, that a domestic police force and reformed military left hundreds dead and injured and thousands is trained and established. Pentagon officials homeless. My family, however, decided to HON. NICK SMITH estimate that it will take a year to train one di- stay and see if things would improve. After OF MICHIGAN vision of 12,000 Iraqi troops. all, it was our home, it was our language, IN THE HOUSE OF REPRESENTATIVES My Resolution also calls on the Organiza- and it was the land of our ancestors. And the Wednesday, September 3, 2003 tion for the Prohibition of Chemical Weapons, new Libyan constitution offered guarantees along with other international and nongovern- that gave us hope. Mr. SMITH of Michigan. Mr. Speaker, last We were wrong, The hope was misplaced. week the Congressional Budget Office re- mental organizations, to provide assistance to The guarantees were absolutely worthless. the coalition partnership in Iraq. leased their new projections on the budget By 1961, Jews could not vote, hold public of- and the economy. I commend the reading to Mr. Speaker, it’s time to move past any neg- fice, obtain Libyan passports, buy new prop- ative feelings concerning countries that op- erty, or supervise our own communal affairs. my colleagues. Projected deficits, over- posed our attempts to secure a U.N. endorse- In other words, at best we were second-class spending, for 2003 is $401 billion and if you ment for the war. A report published by the residents—I can’t even say citizens—though include what Congress is borrowing from the Center for Strategic and International Studies, this was our birthplace and home. Social Security Trust Fund it amounts to $562 funded by the Department of Defense, re- Our fate was sealed six years later. In June billion. For next year (2004) the on-budget def- 1967, the anti-Jewish atmosphere in the ported that ‘‘the window of opportunity for icit is $644 billion. Deficit spending means fu- streets became terrifying, so much so that ture tax increases. achieving postwar success is closing and re- my family could not leave our house in Trip- quires immediate and dramatic action.’’ oli, My parents and I, along with my seven I submit for the RECORD, Mr. Speaker, an Our ultimate goal for the Iraqi people is a brothers and sisters, sat frightened at home article, in the Investor’s Business Daily, by multi-ethnic, multi-religious Arab state that is for days, Stephen Moore, President of the Club for capable of self-rule. This goal can only be And then the mob came for us. Growth. achieved with the help and support of the vast I can’t even begin to describe the scene. It WASHINGTON’S BIGGEST DEFICIT IS THE seemed there were a thousand men chanting global community. SHORTFALL OF COURAGE Mr. Speaker, United States and coalition ‘‘Death to the Jews.’’ Some had jars of gaso- line which they began to empty on our (By Stephen Moore) forces managed to liberate Iraq in a mere house. They were about to strike a match. The new estimates by the federal budget three weeks, and I would certainly be remiss We were near hysteria. But then one man office that the budget deficit this year will if I did not take the opportunity to commend from the mob courageously spoke up. He said reach $400 billion and next year will reach those brave men and women for their efforts he knew us and we should be left alone. $500 billion should be a major source of em- to date. However, the goals we have set, from Amazingly, the mob complied and moved barrassment to the Republicans in Wash- restoring critical infrastructure, to establishing elsewhere. ington—assuming they have any fiscal con- science left to embarrass. an interim government, to maintaining law and Other Jews, however, were not as lucky. Some, including close friends of ours, were President Bush and Congress have simply order in Iraq, simply cannot be achieved killed, and property damage was estimated refused to make fiscal choices—they have alone. We’ve won the war, now we have to in the millions of dollars. cut taxes, increased the military budget, the win the peace. Our family went into hiding for several foreign aid budget and increased social f weeks before we were finally able to leave spending all at the same time. Now we are the country and reach Italy. We arrived with swimming in red ink. REMEMBERING THE JEWS OF barely a suitcase each. Next month they are set to enact a $460 bil- ARAB NATIONS Today, to the best of my knowledge, there lion Medicare bill to provide drug benefits to is not a single Jew left in Libya, not one. An the wealthiest age group in America. This HON. NITA M. LOWEY ancient community has come to a complete will be the biggest new entitlement program end. in 25 years. OF NEW YORK My family had to start from scratch in The tide of red ink will rise even higher, IN THE HOUSE OF REPRESENTATIVES Italy. We bad nothing and no one. But we with economists at the National Center for Wednesday, September 3, 2003 persevered. We knew that we weren’t the Policy Analysis suggesting that the debt world’s first Jewish refugees, or the last, and Mrs. LOWEY. Mr. Speaker, I rise to call at- from this program could exceed $3 trillion that we would just have to make the best of over the next 50 years. tention to an article entitled, ‘‘Justice for Jews a difficult situation. And that’s exactly what SHOULD BE ASHAMED from Arab Nations,’’ which was printed in the we did. International Herald tribune on July 1, 2003. I We did not wallow in self-pity. We did not The new Congressional Budget Office num- respectfully request that this article be entered seek to make ourselves wards of the inter- bers gloomily inform us that in Bush’s four years in office, the budget will be up by $500 into the CONGRESSIONAL RECORD. national community. And we didn’t plot re- venge against Libya. We simply picked up billion. That’s a bigger increase than the The article was written by Ms. Giulia amount the budget grew in Bill Clinton’s Boukhobza, a Jew who was born in Libya in the pieces of our lives and moved on. The more I think about what befell us, eight years in office. It’s hard to imagine 1951. The story she tells is one of anti-Jewish though, the angrier I become. In effect, we that the budget would grow that fast even if legislation, seizure of assets, and, ultimately, were triple victims. Carol Moseley Braun had been elected to the ethnic cleansing. Beginning in 1948, over First, we were uprooted and compelled to White House. 800,000 Jews were expelled from their homes leave our home forever solely because we There’s also no hint that the GOP has been in Arab countries, as those countries sought were Jews. chastened by the enormous deficits it is re- revenge for the creation of a Jewish state. Ms. Second, our plight was largely ignored by sponsible for or the meteoric rise in spend- the international community, the UN and ing. Boukhobza was forced to flee from Libya in the media. Do a search and you’ll be shocked Example: Rep. Mark Kennedy of Minnesota 1967. at how little was written or said about this is now fighting a lonely battle to try to trim This article is her testimonial, bringing to tragedy. the cost of the upcoming highway bill that is light an important part of the history of Israel And third, Libya erased any trace of our slated to have a cost of about 50% more than and the Middle East. Thank you. existence in the country. Even the Jewish the last bloated highway bill.

VerDate jul 14 2003 02:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A03SE8.034 E04PT1 September 4, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1683 I have said it before and will say it again: IN MEMORY OF JAMES MARSHALL country, and truly touching the whole world. This is fiscal child abuse. Passing on costs to STANLEY Through the years that I have known Jim future generations for today’s wasteful gov- Stanley I not only consider him a community ernment spending is an assault on the finan- HON. LOIS CAPPS hero, but a friend. His service and dedication cial well-being of our children. Conservatives OF CALIFORNIA has been appreciated by many throughout the can no longer apologize for the Republicans’ IN THE HOUSE OF REPRESENTATIVES world over the years and we will honor his miserable financial mismanagement. They memory for many years into the future. should be infuriated by it. Wednesday, September 3, 2003 f I believe that Bush has been a star when it Mrs. CAPPS. Mr. Speaker, today I would comes to enacting pro-growth tax changes. like to pay tribute to an extraordinary citizen of TRIBUTE TO COMMITTEE STAFF The tax code has taken a pro-investment, the Santa Barbara community, Mr. James DIRECTORS pro-worker direction through cuts in the Marshall Stanley. On August 1, 2003, Jim death tax, the capital gains tax, the dividend Stanley passed away in Santa Barbara, Cali- HON. DAVID R. OBEY tax and the income tax rates. fornia. His years of service and dedication OF WISCONSIN Bravo. Bush is absolutely right that the leave a great legacy among many individuals IN THE HOUSE OF REPRESENTATIVES first step to getting the deficit under control and organizations in this community and be- is to get back on high economic growth tra- yond. Wednesday, September 3, 2003 jectory. And tax rate cuts will certainly help James Marshall Stanley was born on April Mr. OBEY. Mr. Speaker, I commend to the achieve that faster growth. 2, 1907 in Oregon, graduated from high members of the House the following remarks Don’t believe a word of the Democratic school in Portland, Oregon and went on to by our former colleague Lee Hamilton: whine from presidential wannabes like Dick graduate from Portland Engineering School in REMARKS HONORING COMMITTEE STAFF Gephardt and Howard Dean that if only we 1927. Jim married in 1930 and moved with his DIRECTORS, JULY 17, 2003 hadn’t cut taxes, the budget would be under wife’s family to Santa Barbara in 1931. It is my pleasure to say a few words in control. That’s a fantasy. During World War II, Mr. Stanley worked at honor of the vital role that you play as com- Without the tax cuts, the budget would a San Pedro shipbuilding yard and in 1943 mittee majority and minority staff directors still be in huge deficit and the budget would joined the Merchant Marines as a Chief Radio in the House. have probably grown even more recklessly. Operator. He took part in numerous convoys Let me thank Ron Sarasin for that kind during the War, supplying cargo, ammunitions introduction, and Ron and Susie Dicks for IGNORED DEAL and oil on board US Liberty and Victory ships. their work in helping preserve and enhance A fascinating new study was just released On August 15, 1945, James M. Stanley was our understanding of this magnificent Cap- by the House Republican Study Committee honorably discharged from the Armed Forces itol. I often thought how fortunate I was to under the able leadership of Rep. Sue Myrick of the United States and in 1949 was dis- be able to work in this magnificent Capitol complex. of North Carolina. The RSC shows that if charged from the US Merchant Marines. As a Let me also thank them and many of you Congress had simply lived under the spend- WWII hero, James M. Stanley was honored by here tonight for making this dinner possible ing limits set forth in the 1997 budget deal the American, British, Russian and Finnish with your support. agreed to by Clinton and the Republicans in Governments for his participation in the fight The contributions of staff directors to the Congress, the budget would be balanced against Nazism. work of the Congress are immeasurable. I am today—even with Bush’s tax cuts. Following the War, James returned to his reasonably confident that every committee Meanwhile, my own budget analysis shows family in Santa Barbara where he owned and Chairman and Ranking Member would say that every Congress since 1994 has acceler- operated many small businesses before his they simply could not do their work without ated expenditures at a faster pace. Conclu- retirement in 1972. Jim Stanley was a member your leadership. I hope that gives each of sion: It’s the spending, stupid! of SCORE and worked as a Regional Director you a full measure of satisfaction. I want to talk for a few minutes about the There’s a spirited debate in Washington for Region IX of the U.S. Small Business Ad- role of the Congress in this country, the im- about how the budget deficit impacts our ministration as well as worked as an advocate portance of politicians, and why your efforts economy. Some say deficits cause inflation for the Los Angeles District of the Veterans are so important and worthwhile. and higher interest rates. Maybe so, but Administration. PUBLIC ATTITUDES TOWARDS CONGRESS there’s little evidence of that effect. In addition to service to his country, service to his local community through volunteerism You are, of course, familiar with those who Some say interest payments on debt crowd are cynical about your work and the work of out other spending—which may be true, but was an important part of Jim Stanley’s life. Mr. Congress. The brightest wits in American if it is, that’s a good thing, because it con- Stanley was very active in the International life have had their fun at the expense of the strains the congressional spending appetite. Lions Club, which he joined in 1957. Not only Congress. was James Stanley the permanent President H.L. Mencken said that, ‘‘with the right My belief is that budget deficits are pri- of the Tri-Counties Lions Sight and Hearing pressure, Congressmen would cheerfully be marily harmful because they make it too Center at St. Francis Medical Center for over in favor of polygamy, astrology or canni- easy for politicians to spend money now and balism.’’ then pass the bill to taxpayers later. And 30 years, but also served as the International President of Lions Sight and Hearing Centers. Mark Twain said, ‘‘suppose you were an many of those future taxpayers are too idiot, and suppose you were a member of young to vote now, so we have an unrivaled Following his passion of providing sight to Congress. But I repeat myself.’’ case of taxation without representation. those less fortunate, Mr. Stanley helped found Will Rogers said that, ‘‘Congress was a the non-profit S.E.E International, which orga- never-ending source of amusement, amaze- NO FREE LUNCH nizes surgical eye expeditions and provides ment, and discouragement.’’ Even so, we The ultimate blame for the enormous free services to the people of developing honor him with that magnificent statue just mushrooming of deficit spending ultimately countries suffering from curable eye diseases. off the House floor. rests with the White House. The buck simply For his service in these areas, James Stanley We have all seen surveys like those show- doesn’t stop at this president’s desk. Bush was awarded a ‘‘Golden Apple’’ award in 1991 ing that 66 percent of Americans can name the hosts of various game shows, while only wants more guns and more butter, and wants and a ‘‘Golden Oak Leaf’ award in 1998 by 6 percent can name the Speaker of the to pretend that no one will ever have to pay the Santa Barbara County School District. House. for the profligacy. In addition to his strong dedication to the When I was a Member, I was never particu- But Milton Friedman taught us years ago Lions organization and S.E.E. International, larly disturbed by such survey results. After that ‘‘there ain’t no such thing as a free Jim Stanley was a member of the US Navy all, Americans are busy people with many lunch.’’ Government spending comes out of League and the North Russia Club (which demands on their time, and it is not easy to somebody’s hide—eventually. unites the veterans from the North Atlantic put in a full day’s work and then read an ar- ticle about Congress or turn on C-Span to What’ reprehensible is that the Repub- convoys from various countries). Mr. Stanley watch the House or Senate in session. licans now say in unison: Let the 2-year-olds also supported such organizations as UNICEF, the International Red Cross, Para- Nor was I bothered by the barbs—after all, pay for it. And someday they will. This is the we have to appreciate that the bashing of coward’s solution. A balanced budget re- lyzed Veterans of America, SS Lane Victory Congress is one of America’s all time favor- quirement with an expenditure limitation is Project, the Wilcox-Douglas Family Preserva- ite indoor sports. probably necessary because the biggest def- tion Project and the SBCC Choir. What did bother me, though, was the ex- icit in Washington these days is the deficit James Marshall Stanley was a person of tent to which people do not understand or of courage. great honor, serving his local community, his appreciate some of the basic concepts that

VerDate jul 14 2003 02:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A03SE8.039 E04PT1 E1684 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 2003 underlie the workings of the Congress, and People may sometimes complain about the how much persuasion is involved in getting the role that Congress plays in the life of our process, but they benefit from its legislative approval of even a modest piece of legisla- representative democracy. speed bumps when they want their views tion. You have to line up support and be in Even if Americans don’t know the name of heard, their interests protected, and their touch with sometimes hundreds of individ- their senators or representative, they should rights safeguarded. uals from both parties, in the Congress and know something about the importance of As former Speaker Sam Rayburn used to outside the Congress. what they do to make the country work. say: ‘‘One of the wisest things ever said was, Fourth, you must be willing to share cred- Even if they don’t know the players or the ‘Wait a minute.’’’ That—in a phrase—is the it. I remember former Speaker Tip O’Neill details of the legislative process, they should essential role played by Congressional com- putting his arm around me and giving me know something about how they relate to mittees. some advice as we walked down the hall. our system of government. If too many IMPORTANCE OF POLITICIANS ‘‘Neil,’’ he said—he called me Neil for my Americans get those concepts wrong, it does Democracy—after all—is a process, not a first decade in Congress because I reminded matter to the health of our democracy. product. And what our democracy really him of a Boston baseball player named Neil ROLE OF THE CONGRESS AND COMMITTEES needs is more politicians. Hamilton. ‘‘Neil, you can accomplish any- In my experience, far too few Americans That was one line I used to say that was thing in this town if you’re willing to let really understand the most important func- sure to get a reaction. Very few of my con- someone else take the credit.’’ tion of the Congress. It is not, in my view, to stituents agreed. Finally, you know how to compromise. pass any particular piece of legislation, or Showing skill as a politician has come to Compromise is essential to producing law in even a budget—but its historic mission is to mean demonstrating the ability to raise our system. Good politicians—legislators and maintain freedom. campaign funds, engaging in the tit-for-tat staff—are able to find points of agreement The great phrases ring through our his- of negative advertising, jockeying for public that will allow a consensus to emerge. They tory—‘‘We the people,’’ ‘‘consent of the gov- support based on polls and focus groups, or will look for solutions that allow both sides erned,’’ ‘‘a more perfect union.’’ These aren’t skewering an opponent with a one-liner dur- to claim—if not victory—at least some gains. just technical terms of political science. ing a televised debate. Your skills are crucial in finding accept- They are words that embody America’s civic People have come to view the word politi- able solutions. Compromise might involve faith. You and I, above all others, are ex- cian—particularly with regard to the Con- altering some key words; phasing in a pected to know them in our bones, and to gress—with disdain. Plenty of voters feel change; inserting a new provision; requiring apply these grand concepts. that politicians sell-out their beliefs and a study; splitting differences in funding; de- We rely on elected representatives to iden- promises. ‘‘Stick to your guns,’’ they urge. laying or postponing implementation of a tify, sort out, and solve the difficult issues of But controversy and conflict are unavoid- section. You have to seek these accommoda- state. It did not have to be this way. Our able in a nation as large and diverse as tions among rival interests because you country would be vastly different if the ours—a diversity that is rightly represented know that it is necessary to make the Con- Founders had placed power in the hands of a in the peoples’ House. To avoid ripping apart gress—and country—work. single ruler, or given much less voice to the at the seams, our country needs people who From my perspective, the ability to build American people. know how to accommodate different points consensus is probably the most important In the Congress, Americans have a forum of view and work for common solutions—it single skill needed in the Congress—by Mem- for debate and deliberation in which they needs politicians. bers and staff. Any fool can blow a meeting can feel a stake. Traditional lawmaking is You are an essential part of this effort. By or discussion apart—it takes real political not just a nicety—it’s a necessity if we’re to working behind the scenes, knowing what skill to bring people together. That is why remain a democracy. The lawmaking process Members want, proposing compromises, ad- we need more politicians of your skill these allows us to resolve differences, and to live dressing all the difficult details of legisla- days—not fewer. together peacefully, productively and suc- tion, and dealing with all the worthy groups WHY IS IT WORTHWHILE cessfully. wanting contradictory things, you—as well Well, is this demanding, tedious process of Most Americans may be familiar with the as your bosses—have to be politicians in passing legislation worthwhile? You and I diagram of how a bill becomes a law. When- order to keep our democracy running. know well the frustrations: ever I see those charts I think to myself how BEING A GOOD POLITICIAN As a Member, I always felt it was hard to sterile they are. They do not convey the dy- keep on the right side of the voter. When I namics—the frustration, the excitement, the For the most part, people don’t pay atten- was in my District, I heard complaints that complexity and the necessity of the process. tion to how their hopes, dreams and ambi- Very few Americans understand that the tions are turned into public policy through I wasn’t spending enough time in Wash- details of this process of deliberation guar- the lawmaking process. Most citizens and ington; when I was in Washington, people antee that their voices are heard, and free- journalists take that very political process said I was ignoring the home folks and only dom is protected. for granted. They shouldn’t. paid attention to them during elections. I worry that astute legislators often bypass Constituents often asked my position on a When I drove an old car in my District, steps in the lawmaking process, arguing—in substantive issue. I don’t think anyone in- people said it looked like something a farm- effect—that the ends justify the means. This quired about my political skills—and, in this er would use for hauling trash; when I got a ‘‘unconventional lawmaking’’ is increasingly world, political skills are essential to get new car, they said the lobbyists had gotten applied to important legislation. But in things done. to me. doing this we bypass and put at risk the very The key to being an effective legislator or When I wore an old suit, people said I had democratic process that defines our system. staffer is respecting that system and figuring no class; when I wore a new one, I was ac- My view is that important proposals out how to make it work. So what political cused of going high-hat. should not bypass the traditional process, in- skills do you need? Does a Member need? When I missed church, people said I was an cluding the committee review, because that First, you know how to consult, particu- atheist; when I attended church, I was a is one important place where deliberation larly with your colleagues—talking to them, pious fraud, trolling for votes in church. takes place. That’s where Members and staff listening to them, making sure they feel When Congress passed a lot of laws, we can ask the hard questions. Committees pro- they are in the loop. Support for ideas is were a meddlesome Congress; when we vide expertise, and an opportunity to con- largely built one-on-one, but also in larger weren’t passing laws, we were an incom- sider the merits and smooth out the prob- forums. Key individuals—inside and outside petent, do-nothing Congress ignoring the lems in proposals. This is where we build of the Congress—have their own ideas and needs of the country. consensus. valid concerns, and they expect to be able to When we supported the president, people Some Americans feel that the legislative share them. said we were a rubber-stamp; when we op- procedure is too slow and deliberative—they Lyndon Johnson had his own way of put- posed the president, we were disloyal and ob- are annoyed by what they perceive as inside- ting this with a sign he had in his Senate of- structionist. the-Beltway scuffling, and wonder why Con- fice: ‘‘You ain’t learning nothing when You can never please everyone when you gress can’t get things done faster. you’re talking.’’ are working in Congress, no matter how But do we really want a speedy system in Second, you calm—rather than inflame— many hours you put in, no matter how skill- which laws are pushed through before alter- discussions of controversial issues. Things ful you are. natives are considered and consensus devel- can get pretty heated in the Congress, and You all know too well what I’m talking oped? We misunderstand Congress’ role if we disagreement is inevitable in a House as about as staff directors when I talk about demand it be a model of efficiency and quick large and diverse as ours. It is relatively the frustrations, among them: committee action. easy to make a bad situation worse. One meetings go on without end; the work is te- Our Founders designed a system in which thing that I’m certain of is that you cannot dious, requiring that you go over legislation all new proposals get careful scrutiny by produce good legislation in a bad atmos- comma by comma; you are constantly run- going through many layers of review. They phere—you can produce heat in such an envi- ning from one meeting or appointment to an- were far less interested in moving good ideas ronment, but not light. other; your daily schedule is always being in- efficiently, than they were in preventing bad Third, you know how to persuade. It takes terrupted, revised, or simply scrapped; if you ideas from becoming the law of the land in an enormous amount of persuasion to build a have a family, you’re going to miss many the heat of the moment. majority in support of an idea. You all know important family events; and you cannot

VerDate jul 14 2003 02:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A03SE8.043 E04PT1 September 4, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1685 plan ahead, whether for an evening off or for mittee on Finance, clarifying the textile com- Beginning from the early 1950’s, Chief a vacation, because some event or emer- mercial availability provisions in the Singapore Halftown was an outstanding presence at gency always demands that Congress stay in and Chile Free Trade Agreements. community activities, business openings, session longer than planned. sports events and holiday parades in count- All the political posturing, sniping and EXECUTIVE OFFICE OF THE PRESI- scrambles to claim credit for good things—or DENT, OFFICE OF THE UNITED less towns. His scheduled appearances filled avoid blame for bad—sometimes becomes STATES TRADE REPRESENTATIVE, the calendar and drew adoring crowds at per- disheartening, as does the constant maneu- WASHINGTON, DC, JULY 25, 2003. sonal appearances until just recently. vering for partisan advantage. And for put- Hon. CHARLES E. GRASSLEY, A veteran of World War II, he served his ting up with all of this, you get paid less Chairman, U.S. Senate Committee on Finance, country honorably and after discharge from than you could make in the private sector, Dirksen Senate Office Building, Wash- the Army moved into Springfield, PA with his while facing harsh and frequent criticism. ington, DC. DEAR CHAIRMAN GRASSLEY: I understand wife, Margaret. Unable to have children, this Yet despite it all, most members run for that the Committee has received inquiries remarkable couple opened their home to three reelection and remain in Congress as long as regarding the textile commercial avail- children from reservation families who then at- they can. Most of you worked long and hard ability provisions in the Singapore and Chile tended Delaware County, PA schools. Two to become a committee staff director. Free Trade Agreements and am therefore Is it all worthwhile? Yes, of course it is. boys and one girl, all now enjoy success in writing to clarify the agreements’ commer- business and have families of their own. Why? Let’s be frank—some of it satisfies cial availability sections. the ego. Some like the power and the The Singapore FTA would deem as not Because of early exposure to substance trappings of power—when you speak, people commercially available all products des- abuse on his Seneca reservation, upper New listen, and that is very satisfying. But most ignated as such prior to November 2002 (prior York State, and due to a short period of per- of you, I think, are truly motivated by the to the completion of the SFTA negotiations) sonal dependency, he became known as a belief that, as hard as it is, you can make a for the AGOA and CBTPA preference pro- ‘‘sponsor helper’’ for others having such prob- difference and enhance the lives of ordinary grams. The Chile FTA does not contain such lems. He aided thousands of Pennsylvanians Americans. a provision. In the future, for both the through his example and guidance for nearly Then, too, it is all pretty exciting—and in- Singapore and Chile FTAs, to designate addi- teresting. The sheer challenge of public pol- tional items as not commercially available, 60 years. His passing is a tragic loss to many icy issues attracts us. There is a pervasive either the United States or our trading part- professionals who dedicated their own lives to sense on Capitol Hill that it is where the ners would have to utilize the consultation this specific health care field. issues of greatest importance to the nation provisions of the agreement’s ‘‘Revision of In his eighties, he continued to produce chil- are being sorted out. This is where the ac- Rules of Origin’’ section. This section re- dren’s ‘‘amateur contests’’ and made visits to tion is. Sometimes this is misplaced, but quires the Parties to consult, upon request, nursing homes and assisted living facilities. often it is not. to consider whether particular goods should For those elder citizens he wrote and pre- You struggle over the issues that aroused be subject to different rules of origin to ad- sented a series of programs on the culture of the passions of this country’s founding gen- dress issues of availability of supply of fi- Native Americans. The visits became popular eration. How much power should the federal bers, yarns or fabrics in the free trade area government be given? How should powers be and requires the Parties to endeavor to con- events for confined and ailing seniors. separated among the branches? How do we clude their consultations within 60 days of Mr. Speaker, our region has lost not only a resolve the tension between encouraging in- the request. legend in the broadcast industry, but a dear dividual liberty and security? What role I hope the above explanation is helpful. friend. I wish Margaret Halftown, his widow, should our country play in the world? Please feel free to have Committee staff con- my heartfelt condolences and may she find These great issues are subject to debate tact my office at 202–395–3026 if the Com- comfort in knowing that the many children and every time a new federal budget comes to a mittee has any comments or questions. adults the Chief impacted deeply value his Sincerely, vote, or a major presidential initiative gets dedication and generosity of spirit and the ex- introduced on Capitol Hill. When you start DAVID M. SPOONER, working in Congress, you get a chance to Textile Negotiator. ample of his life and work. Chief Traynor Halftown exemplified the spirit of service that take part in this ongoing debate—our great f experiment with democracy. has made this country great. It is proper to re- Your public service gives you a stimu- TRIBUTE TO CHIEF TRAYNOR member and honor a man of such worth and lating, proud and lively career. HALFTOWN—BROADCAST PIO- character with great respect for what he ac- CONCLUSION NEER OF PHILADELPHIA complished and stood for. So I salute each of you for the vital role f that you play within this institution, and in HON. CURT WELDON HONORING 25TH ANNIVERSARY OF your service to your fellow Americans. OF PENNSYLVANIA EMPLOYEE BENEFITS RESEARCH You are contributing to the success and di- IN THE HOUSE OF REPRESENTATIVES rection of this country. I hope you feel that INSTITUTE by working in the Congress you are given the Wednesday, September 3, 2003 unique opportunity to make a difference in Mr. WELDON of Pennsylvania. Mr. Speaker, HON. GEORGE MILLER the lives of people and the great affairs of I rise today to honor the memory of the leg- OF CALIFORNIA this Nation. endary Chief Traynor Halftown, the children’s IN THE HOUSE OF REPRESENTATIVES I would wager that no matter where your entertainer who passed away on July 5, 2003. Wednesday, September 3, 2003 career takes you from Capitol Hill, that you His passing was broadly covered in the media will look back on your public service as the and accepted as a personal loss for millions in Mr. GEORGE MILLER of California. Mr. most rewarding of your career. Speaker, the past few decades have posed The work is hard, the recognition rare, the the Philadelphia region who felt they knew him monetary reward modest. But your reward is as a friend. some difficult challenges for America’s work- a deeply fulfilling life in public service and a Chief Halftown was a true original and an ers and some hard choices for those who key role in American democracy. What more entertainer at heart. Chief Halftown delighted seek to guarantee them a brighter future. I can could you want? the children of Delaware Valley for 49 years think of no area that is simultaneously as f with his stories, cartoons and live talent acts. broadly important and increasingly complex as He offered a different view of Native Ameri- pension and health benefit issues. As Con- TEXTILE SHORT SUPPLY cans than was seen in most TV westerns. The gress struggles with the challenge of ensuring PROCEDURES Chief Halftown Show was one of Philadel- the health and pension benefit promises made phia’s most popular programs. It was the long- to tens of millions of workers and retirees, I HON. PHILIP M. CRANE est running children’s TV show in history, from want to thank the Employee Benefits Re- OF ILLINOIS 1951 to 1999—48 years on WFIL–TV Channel search Institute for its considerable contribu- IN THE HOUSE OF REPRESENTATIVES 6—Philadelphia. He had a live audience with tion to providing education and information to selected children visiting his set each week. members of Congress and the Nation. As Wednesday, September 3, 2003 Some little known facts about the ‘‘Chief’’ in- EBRI marks its 25th anniversary, I want to Mr. CRANE. Mr. Speaker, I would like to clude the fact that he had a fabulous voice. thank them for helping us understand the submit for the RECORD and the benefit of my Prior to his children’s TV career, he was a issues and say that we all look forward to their colleagues, a letter from Mr. David M. successful nightclub singer and had a much in counsel in the future. Spooner, Textile Negotiator for the United demand lounge act. He was also quite a EBRI is one of the only organizations dedi- States Trade Representative, to Senator sportsman, including the fact that he was an cated to gathering employee benefit informa- CHARLES E. GRASSLEY, Chairman of the Com- ‘‘Ace’’ bowler. tion and presenting it to the public in a timely

VerDate jul 14 2003 02:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A03SE8.047 E04PT1 E1686 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 2003 fashion. Regrettably, on a subject that affects M. Stein on the 10th Anniversary of Civic He won three Gold Gloves for fielding excel- almost every individual in the country, there is Works. He is a committed American who un- lence as an outfielder. In 1973 he hit a career- no government agency that collects and dis- derstands how to build a better community. high 39 home runs, was named Most Valuable tributes information about workplace benefits. f Player. Four years later he would have an- EBRI deserves our deepest commendation for other career-high of 115 runs. consistently stepping into the gap and attempt- TRIBUTE TO KOREAN WAR After retiring from baseball in 1982, Bobby ing to provide information that is critical to the VETERANS became a first-base coach for the Cleveland decision-making ability of public policymakers. Indians and joined the Giants coaching staff in EBRI’s strength is that it is a non-advocacy or- HON. GINNY BROWN-WAITE 1993 when his son joined the team. After his role as the first-base coach, he became a spe- ganization so that legislators on both sides of OF FLORIDA the aisle can use its resources. cial assistant for the Giants. IN THE HOUSE OF REPRESENTATIVES America’s pension system has changed a Bobby is survived by his wife, Pat; a daugh- lot since ERISA was enacted and EBRI was Wednesday, September 3, 2003 ter, Cheryl Dugan; three sons, Barry, Ricky, and Bobby Jr., his mother, Elizabeth; a broth- created. Often workers don’t fully understand Ms. GINNY BROWN-WAITE of Florida. Mr. the changes that can have a big impact on er, Robert; and a sister Rosie. Speaker, I rise today to honor the Korean War Although Bobby moved away from Riverside their retirement. Sometimes legislators fail to Veterans Citrus Chapter 192 and all the brave fully grasp the magnitude of the adjustments many years ago his influence remains. A park men and women that answered the call to in Riverside was renamed the Bobby Bonds we’re called onto make. Educating both duty during the Korean War. groups is both a full-time job and a worthy Park and the Bobby Bonds Head Start/State Sunday, July 27 commemorates the 50th Preschool opened last November. goal. Anniversary of the Armistice signing that offi- Because of EBRI’s work, we know more Bobby’s tireless passion for the game of cially ended hostilities in the war torn nation. baseball and his love of his hometown of Riv- than we otherwise would have. I hope they This conflict enlisted the services of 6.8 mil- continue shedding light on workplace benefits erside, California will long be remembered by lion American men and women between 1950 the residents of Riverside that grew up next in the decades ahead because I think that will and 1955. Despite the enormity of this effort, improve the odds that legislators like us will be door to him and the kids everywhere who many who served regrettably feel that their grew up inspired by his life. able to make enlightened important decisions sacrifice has been forgotten by a nation in the f that benefit working men and women. murky fog of time. f I commend the Veterans of Citrus County TRIBUTE TO VA VOLUNTEER THE HOUSE PAYS TRIBUTE TO 192 for their efforts to memorialize their com- DOROTHY PATRICK DANA M. STEIN, EXECUTIVE DI- rades in arms who paid the ultimate sacrifice. RECTOR OF THE CIVIC WORKS, On Saturday, July 26 the Korean War memo- HON. GINNY BROWN-WAITE INC. rial will be dedicated at the Citrus County OF FLORIDA Court House. This eloquent marker will serve IN THE HOUSE OF REPRESENTATIVES as a reminder to our nation of the surviving HON. BENJAMIN L. CARDIN Korean War Veterans, as well as the POWs Wednesday, September 3, 2003 OF MARYLAND and MIAs that never returned. Ms. GINNY BROWN-WAITE of Florida. Mr. IN THE HOUSE OF REPRESENTATIVES f Speaker, I rise today to honor Dorothy Patrick, Wednesday, September 3, 2003 a constituent of mine who has selflessly given IN MEMORY OF BOBBY BONDS her time to the veterans of my Fifth Congres- Mr. CARDIN. Mr. Speaker, I rise today to sional District for more than 15 years. pay special tribute to Dana M. Stein, executive HON. KEN CALVERT My district is home to thousands of our Na- director and cofounder of Civic Works, Inc., a tion’s veterans and has the fourth-largest con- OF CALIFORNIA non-profit youth corps that has provided criti- centration of American heroes in the Nation. cally needed services to the Baltimore area IN THE HOUSE OF REPRESENTATIVES So it is only natural that at our veterans’ clin- since 1993. Mr. Stein’s leadership of Civic Wednesday, September 3, 2003 ics and hospitals there’s never a shortage of Works has transformed the organization into things to do and never a time when additional an outstanding AmeriCorps program—helping Mr. CALVERT. Mr. Speaker, I rise today to honor and pay tribute to a man that is consid- helping hands are not desperately needed. the community and teaching new skills to It was once said that, aside from love, the ered one of the greatest athletes ever to come young adults. most precious thing a person can give another out of the Inland Empire. Bobby Bonds, a 14- Mr. Stein has dedicated his career to help- person is labor. Dorothy has given over year major league baseball player from River- ing improve our community. He has a B.A. de- 11,000 hours of her labor to help the veterans side, California, passed away on Sunday, Au- gree from Harvard University and a law de- of Florida’s Fifth Congressional District—and gust 24, 2003. His legacy, however, lives on. gree from Columbia University. In 1985, he re- that is truly something to be honored. Bobby Bonds was born with the talent and ceived a Masters in Public Affairs from Prince- Volunteering at both the Gainesville VA ton University. He has used his knowledge followed a dream. He began his baseball ca- Medical Center and at the Inverness VA Clinic and skills to reach out to others and to make reer in the Patterson Park Little League in for 15 years, she has given her time to vet- a difference. Riverside’s eastside neighborhood. Even then, erans for longer than many people stay at a Under his direction, approximately 200 Civic crowds would gather to watch him play. single job! Works’ participants help rehabilitate low-in- In high school, Bobby excelled in more than David Gilmer, Administrative Officer for the come housing, build urban parks and gardens, one sport. He could be spotted being shuttled VA’s Inverness Community Base Outpatient clean and restore urban vacant lots and tutor from the baseball field to the track field in Clinic, has said of Dorothy ‘‘She not only pro- and mentor school-age children. While pro- order to compete; his love of sports was un- vides valuable assistance to the veterans who viding important services that would otherwise paralleled. He also played basketball and foot- receive care at the Inverness Clinic, but lead- go undone, Civic Works’ participants also re- ball. Bobby was the 1964 state long jump ership to the other volunteers who help sup- ceive help in their education and citizenship champion and later graduated high school in port the VA’s mission here in Inverness.’’ skills. 1965. He was immediately signed by the San She’s given to the veterans of the Fifth Con- Civic Works has been recognized for its Francisco Giants and worked his way up gressional District as nobly and as altruistically successes. In 1999, it was awarded the through the minor leagues. He was leading as they’ve given to all of us. Her service is a PEPNet Award from the National Youth Edu- the Pacific Coast League in hitting when he testament to the value and virtue of helping cation Coalition (NYEC). It also is a four-time joined the major leagues in 1968. others. YouthBuild sub-grantee and has been recog- In his first season, Bobby hit 32 home runs Mr. Speaker, I ask that you join me in com- nized through the 2003 National Association of and stole 45 bases, becoming the fourth and, mending Dorothy for her efforts. I am honored Services and Conservation Corps Excellence at 23 years old, youngest member of base- to be her representative in Congress. She is in Corps Operations. ball’s 30-30 club. one of the reasons that I am so very proud to I hope my colleagues in the U.S. House of In 1971, Bonds was selected to the All-Star represent the Fifth Congressional District of Representatives will join me in saluting Dana team, and later played in three All Star games. Florida in the House of Representatives.

VerDate jul 14 2003 02:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A03SE8.053 E04PT1 September 4, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1687 IN RECOGNITION OF FERNANDO many friends and fellow members of the the highly publicized, annual J.W.V public rela- ‘‘FRED’’ C. MACHADO Hernando County 10–13 whereas during the tions breakfast programs to encourage friend- last ten years as President, Vice President, ship and understanding between the Jewish HON. DEVIN NUNES and Director, Tony has overseen and guided and the Italian community. Mr. Batlan contin- OF CALIFORNIA the organization to the fruition of many goals. ued to unite different cultural groups when he IN THE HOUSE OF REPRESENTATIVES During his most recent tenure Tony estab- established the Martin Luther King Jr. Brother- lished an honor guard, a booster Club and has hood Breakfast to build bridges between the Wednesday, September 3, 2003 dramatically increased both the membership Jewish community and African-American Com- Mr. NUNES. Mr. Speaker, I rise today to and the treasury. Further, he organized the 9– munity. recognize the contributions of Fred Machado 11 disaster fund which raised many thousands Mr. Batlan’s strong belief in community to the community and agricultural industry of of dollars. He also hosted the very successful building, has led him to serve as President of the great Central Valley of California. 2002 national convention. He has been instru- the Kiwanis International of Eatontown, NJ. He Mr. Machado emigrated from the island of mental in creating and maintaining the profes- also served as the Scoutmaster of Troop 230, Flores in the Azores, Portugal in 1949 with his sional rapport that exists today between the Boy Scouts of America, Linden, NJ. These dif- family at the age of 16. He worked as an agri- Hernando County 10–13 and the Hernando ferent activities are just a handful of the many cultural laborer for a couple of years before County Sheriff’s Department.’’ organizations that Mr. Batlan has helped to joining the U.S. Navy and proudly served in Mr. Speaker, as we all since 9–11 have strengthen. the Korean War. been reminded of the importance that our law Once again, Mr. Speaker, I would like to After fulfilling his duty to his country, Mr. enforcement officials play in securing our congratulate Mr. Batlan for his energy and Machado returned home and married Maxine streets and communities, I believe it is also vigor in serving the American people, through Finney. They purchased a farm and started a important to honor those who have retired fighting for democracy in World War II to build- family. He was successful in both. from the profession. Their many years of ing bridges of equality today. I ask that my Mr. Machado now operates a 1,500-cow noble service are not to be overlooked. colleagues join me in honoring the distin- dairy, along with 730 acres of diversified Mr. Speaker, I ask you and my colleagues guished Mr. Julian Batlan. crops, including almonds, grapes, prunes and to join me in congratulating Tony DeMarzo for other field crops. his service while in uniform and his undying f Over the years, Mr. Machado has served on commitment to community, which has endured numerous agricultural industry boards. He was long after he stopped wearing the uniform. TRIBUTE TO RAY TREMBLAY appointed to the USDA Agricultural Trade Ad- f visory Committee during the Reagan Adminis- HON. GINNY BROWN-WAITE tration, served on the board of the California IN RECOGNITION OF MR. JULIAN OF FLORIDA Farm Bureau Federation, as well as the Fres- BATLAN IN THE HOUSE OF REPRESENTATIVES no County Farm Bureau. He has also served on the Fresno District HON. FRANK PALLONE, JR. Wednesday, September 3, 2003 Fair Board, the Fresno County Republican OF NEW JERSEY Ms. GINNY BROWN-WAITE of Florida. Mr. Central Committee, the Fresno County IN THE HOUSE OF REPRESENTATIVES Speaker, I rise today to honor Ray Tremblay, Cabrillo Club, the St. Jude Church in Easton Wednesday, September 3, 2003 a constitutent of mine, residing in Levy County and Ag One, among others. in my Fifth Congressional District. Mr. On Aug. 23, the Ag One Foundation will be- Mr. PALLONE. Mr. Speaker, I rise today to laud the accomplishments of Mr. Julian Batlan. Tremblay, an honorable officer of the law in stow the Community Salute honor on Mr. the city of Chiefland, was recently named the Machado. Proceeds from the event will estab- Mr. Batlan is a truly remarkable individual. He is someone who has unconditionally volun- department’s 2003 Officer of the Year by his lish the Ag One—Fernando ‘Fred’ C. Machado colleagues and superiors and I want to take Scholarship Endowment fund, which will ben- teered his service time and time again to New Jersey’s sixth Congressional District, the State this opportunity before this body to honor him efit students pursuing a degree in the College and to say a few words about why he is de- of Agricultural Sciences and Technology at the of New Jersey, and to the United States of America. serving of this noble distinction. California State University, Fresno. Ray Tremblay has served the Chiefland Please join me in extending congratulations Mr. Batlan comes from a family steeped in community for nearly a decade. Beginning his to Mr. Machado. rich and noble history. He descends from the first Jewish man to settle on the eastern service in 1994, he has been a highly visible f shores of America in 1655, Mr. Jacob member of the Chiefland Police Department, TRIBUTE TO TONY DEMARZO Barsimon. He is also related to Mr. Simon M. attending many school functions and stressing Levy who in 1802 was a member of the first the importance of staying off drugs, wearing HON. GINNY BROWN-WAITE graduating class of cadets at the U.S. Military seatbelts, and the importance of public service and safety. OF FLORIDA Academy at West Point. Additionally, he has been active in the IN THE HOUSE OF REPRESENTATIVES Mr. Batlan, himself, has held his own and has reached the ranks of many of his highly ‘‘Buckle Up’’ program and with the ‘‘Click-It or Wednesday, September 3, 2003 esteemed relatives. His military record is stel- Ticket’’ program, ensuring safety on our high- Ms. GINNY BROWN-WAITE of Florida. Mr. lar. Mr. Batlan is a decorated combat soldier, ways by issuing numerous warnings and cita- Speaker, I rise today to honor Tony DeMarzo, serving in World War II in the U.S. 1st Army, tions to motorists failing to comply with Flor- of the Hernando County 10–13 Club, an orga- 1st Infantry Division in both the 7th and 9th ida’s seatbelt laws. nization of retired New York police officers in Corps in the European Theater of Operations. Ray Tremblay has been described by my Fifth Congressional District of Florida. He also fought on the fields during the Battle Chiefland’s Chief of Police as someone who Serving as President, Vice President and of the Bulge in Rhineland. For his bravery and always shows the utmost respect and consid- Director of this organization throughout his 10- wounds on the battlefield, Mr. Batlan has re- eration for his fellow officers and supervisors. year involvement with the 10–13 Club, Tony ceived the Silver Star, the Bronze Star, and Always willing to lend a hand, always help has shown exemplary leadership and leader- the Purple Heart. After the war, Mr. Batlan did cover a shift, and work extra hours without ship. not stop serving his country. He was able to complaint, Mr. Tremblay is a true example of Recently, Tony, a personal friend of mine, successfully move from the stage of war to the what public servants should be. was honored by his fellow members with a realm of domestic service through his mem- Having law enforcement officers like him is plaque commemorating his service to the or- bership in the Jewish War Veterans. what makes our streets and communities safe ganization. Mr. Batlan joined the Jewish War Veterans and what inspires youngsters to continue in Mr. Speaker, I’d like to read the inscription Elin-Unger Post 273 in June 1946. As the the profession of noble, honorable service to from that plaque as I believe it outlines a few charter commander, he was instrumental in their neighbors. of the many reasons Tony’s friends have cho- founding and organizing the Manalapan-Marl- Mr. Speaker, I ask you and my colleagues sen to honor him: boro, NJ Post 972. Mr. Batlan was the first to join me in saluting Mr. Tremblay and all offi- It reads: ‘‘In recognition of his distinguished commander of the Jewish War Veterans Mon- cers of the law, for the work they do is invalu- leadership and strong stewardship this plaque mouth-Ocean County Council to ever be elect- able and of immeasurable importance to our is awarded to Antonio ‘‘Tony’’ DeMarzo by his ed to two terms of office. Mr. Batlan pioneered society and to our safety.

VerDate jul 14 2003 02:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A03SE8.058 E04PT1 E1688 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 2003 MEDIC RESCUE’S 25 YEARS OF where he finished his star-studded, 19-year Healthcare Bill of Rights in its entirety.’’ In par- SERVICE career. ticular, this petition cited the importance of After retirement, Gary continued to work in three key principles, which are: First, everyone HON. MELISSA A. HART the game as a broadcaster for the Florida has a right to quality healthcare, regardless of OF PENNSYLVANIA Marlins and the Montreal Expos. In 2002, he financial standing. The government must in- IN THE HOUSE OF REPRESENTATIVES was named a minor league catching instructor sure that no American is denied needed for the New York Mets. healthcare services because of inability to pay; Wednesday, September 3, 2003 What has always impressed me the most second, healthcare should be affordable for all Ms. HART. Mr. Speaker, on September about Gary is not only his on-field accomplish- who need it. The government must see that 12th, I will have the honor of paying tribute to ments, but his steadfast commitment to his healthcare costs are brought under control; some of my district’s most vital heroes in a community in Florida. Gary has been a key and third, everyone has a right to affordable ceremony commemorating Medic Rescue’s 25 player in helping to raise more than $6 million prescription drugs. The government must in- years of service. The professionals of Medic for the Leukemia and Lymphoma Society by sure that every American has prescription Rescue, based in Bridgewater, PA provided hosting golf tournaments at various Palm drug coverage. No one should be forced to life-sustaining medical services and emer- Beach County courses. The Gary Carter choose whether or not to buy needed pre- gency transport to more than 40,000 citizens Foundation based in West Palm Beach has scribed medicine based on how much money in my district last year. been instrumental in having thousands of dol- they have. In addition to commending their commitment lars in computers, software and books do- Mr Speaker, I will not enter here the long list to service, the staff of Medic Rescue should nated to Palm Beach County schools as well of names of signers of this petition. But I be- also be praised for their efforts, through var- as gifts to local children who make strides in lieve that Members should be aware of the ious community service programs, to reach the ‘‘Reading Counts’’ program. strong sentiment that exists on behalf of such out to children, seniors, and the disabled. For all of his wonderful contributions both to an important public policy. And I salute the The times we live in pose never-before-con- baseball and to our community, I want to offer Steel Workers of America and those who have ceived-of threats to our citizens. It is reas- this tribute in the CONGRESSIONAL RECORD to taken the lead in organizing this petition in my suring to know that my constituents can ben- our friend, a community leader and Hall of own district and elsewhere, for their commit- efit from this enduring team of first-responders Famer—Gary Carter. ment to a better America. who have a commitment to their patients and f f their community. I ask all of my colleagues in the House of TRIBUTE TO JACK WILKINSON ON TRIBUTE TO THE 98TH BOMBARD- Representatives to join me in thanking these HIS 90TH BIRTHDAY MENT VETERANS ASSOCIATION brave men and women for their profes- sionalism, their ability to work under pressure, HON. GINNY BROWN-WAITE HON. KEN CALVERT and their effectiveness in carrying out their OF FLORIDA OF CALIFORNIA critical mission. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES f Wednesday, September 3, 2003 Wednesday, September 3, 2003 A TRIBUTE TO GARY CARTER: A Ms. GINNY BROWN-WAITE of Florida. Mr. Mr. CALVERT. Mr. Speaker, I rise today to NATIONAL BASEBALL GREAT Speaker, I rise today to honor Jack Wilkinson, honor and pay tribute to a group whose sac- retired teacher in Leavy County. rifices, patriotism, and contributions to our HON. MARK FOLEY On Sunday, August 24, Mr. Wilkinson cele- country are immeasurable. I am honored that OF FLORIDA brated his 90th birthday. As the son of a pio- the 98th Bombardment Veterans Association IN THE HOUSE OF REPRESENTATIVES neering family who moved to the area in the will be having their annual reunion in my con- 1840s, Mr. Wilkinson spent most of his years gressional district this year. Their distinguished Wednesday, September 3, 2003 in Leavy County. As a child, he helped his history is one of duty, honor, courage and sac- Mr. FOLEY. Mr. Speaker, I rise today to parents on their farm. The neighborhood rifice. honor and congratulate Gary Carter on his in- school he attended, Union School, was one The 98th Bombardment Group was con- duction into the National Baseball Hall of room with grades 1–6 and was used as a stituted on January 28, 1942, at Barksdale Fame. On Sunday, July 27, 2003 Gary be- church on the weekends. He went on to earn Field, Louisiana. They were activated on Feb- came the 14th catcher to be enshrined into his teaching certificate from the University of ruary 3, 1942, at McDill Field, Florida with B– the 256-member club. Florida, which only enrolled 4,000 students at 24 Liberator Bombers and continued their Mr. Speaker, Gary brings with his induction the time, and is proud to say he saw the very training at Ft. Myers and Drane Field, Florida. a phenomenal record of talent and service. first football game played in ‘‘the swamp.’’ Mr. On July 15, 1942, the 98th was alerted and After being selected in the third round of the Wilkinson then returned to his hometown of departed for the Middle East, arriving in Pal- 1972 free agent draft by the Montreal Expos, Chiefland, where he lives today. After dedi- estine in late July. The 98th was initially as- Gary made the Major League Baseball (MLB) cating half of his life to teaching math and signed to the United States Middle East Air club in 1974. A year later, he was selected as helping students at the very high school he at- Force. They flew their first mission to Mersa an All-Star and named the Sporting News Na- tended, Chiefland High School, Mr. Wilkinson Metruh on August 1, 1942. tional League Rookie of the Year. From there, quietly retired to his farm. One of their most famous missions was on ‘‘The Kid’’—the nickname he acquired be- I commend Mr. Wilkinson for the teaching August 1, 1943 when 47 B–24s launched for cause of his ever-present smile and youthful services he provided and the 90 years he has a low-level raid to Ploesti and only 21 returned passion for the game—led the Expos to their given his community. safely. The Group Commander, Colonel John first, and so far only, playoff appearance in f R. Kane was awarded the Medal of Honor for 1981. his leadership. On another raid on Ploesti on In 1985, he was traded to the New York HEALTHCARE BILL OF RIGHTS July 9, 1944, Lieutenant Donald Pucket sac- Mets. That year, he proved a steady hand in FOR ALL AMERICANS rificed his life trying to save three of his crew- leading a young Mets team to a second-place members who could not or would not bail out finish. However, it was the following year— HON. BARNEY FRANK of their aircraft. He was awarded the Medal of 1986—that proved to be the crowning OF MASSACHUSETTS Honor posthumously for his sacrifice. achievement in Gary Carter’s illustrious ca- IN THE HOUSE OF REPRESENTATIVES The 98th continued the campaign against reer. That was the year the Mets rocketed to Nazi forces during the rest of World War II, fly- the top of the National League East, capturing Wednesday, September 3, 2003 ing a total of 417 missions and earning a total the division title and eventually the World Se- Mr. FRANK of Massachusetts. Mr. Speaker, of 15 battle streamers as well as two Presi- ries Championship over the Boston Red Sox. during the recess, I was pleased to meet with dential Citations. The 98th returned to the U.S. Gary remained the Mets’ catcher through a group of representatives of The United Steel in April of 1945 and was re-designated the 1989. After single-seasons with the San Fran- Workers in my district. They presented me 98th Bombardment Group. cisco Giants and then the Los Angeles Dodg- with a petition with which I am in strong agree- In 1950, with the beginning of the Korean ers, he returned in 1992 to the team that gave ment—calling on those of us who serve in Conflict, the 98th arrived at Yokota Air Base, him his first shot in the majors—the Expos— Congress ‘‘to pledge their support for the Japan and flew their first mission to Korea on

VerDate jul 14 2003 02:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A03SE8.062 E04PT1 September 4, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1689 August 7, 1950. The 98th repeatedly flew total of 35 missions over Europe and engaged the tradition of getting together to remember against the North Korean Communist forces in combat during the Korean War. He retired their fallen fellow soldiers, to reminisce, and until the cease fire in 1953. From August 1950 as a major and this weekend, I will present share the civilian experiences was born. We to July 1953, the 98th flew more that 5,000 Major Hardin’s Distinguished Flying Cross to as a nation are better for the sacrifices these sorties and dropped more than 40,000 tons of him, more than 50 years overdue. veterans made so we could all be free. I ask bombs. They earned 10 battle streamers and Though he earned this honor, be never re- the House of Representatives to rise with me two Outstanding Unit Awards. They also re- ceived it from the Defense Department and I today and honor the members of the 864th ceived the South Korean Presidential Citation. am honored to have the opportunity to present HAM Company. Again and again they have Over the next several years the 98th would be to him next month the Distinguished Flying earned our respect and admiration and I am re-designated, inactivated and reactivated until Cross for his selfless devotion to duty and deeply grateful for their service to our country. it found its current home as the 98th Range service to the United States. f Wing at Nellis Air Force Base in Nevada. f In 1949, Colonel Salvator Manzo, a former IN RECOGNITION OF MICHAEL commander of the 98th Bombardment Group TRIBUTE TO THE 864TH HAM MCKEAND during World War II, began the idea of forming COMPANY a veterans association for the 98th. In 1976 HON. DEVIN NUNES his idea became a reality when the 98th Bom- HON. DALE E. KILDEE OF CALIFORNIA bardment Group Memorial Veterans Associa- OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES tion was formed. B–29 and B–47 veterans IN THE HOUSE OF REPRESENTATIVES Wednesday, September 3, 2003 were invited to join the group and spouses of Wednesday, September 3, 2003 Mr. NUNES. Mr. Speaker, I rise today to deceased 98th veterans are given an honorary recognize the heroic sacrifice of a young man membership. Mr. KILDEE. Mr. Speaker, I ask the House from my district, who risked and then lost his The week of September 2–6, 2003, the of Representatives to join me to pay tribute to own life while saving, a friend. group will hold its annual reunion and cere- the members of the Third Army veterans Michael McKeand was an avid outdoorsman monies at the March Air Field Museum where 864th Heavy Automotive Maintenance Com- and vineyard manager in Santa Cruz. On July commemorative tiles will be laid in honor of pany on the occasion of their 48th annual re- 7, he was returning from a music festival with the 98th for their service and, in addition, their union. They gathered together in Lapeer, friends when they stopped along Highway 70 association name will be added to the pres- Michigan on August 31st. near the Feather River in Plumas County. tigious ‘‘Flyers Wall’’ at the Historic Mission During World War II the 864th HAM Com- pany was instrumental to the success of D- Although the river appeared peaceful, there Inn. Our country is forever indebted to those apparently was a strong undercurrent that individuals willing to make the ultimate sac- Day and the allied victory. These veterans of the Third Army were originally stationed at swept one of McKeand’s friends downstream. rifice so that the rest of us may live freely and The 24-year-old man jumped in the water to without fear. I consider it an honor and privi- Fort Ord in California. During their stint at that post they worked with local authorities to de- help and eventually rescued the struggling lege to welcome the 98th Bombardment Vet- friend. But in the process, the strong current erans Association to my district to celebrate fend the California coastline against a possible invasion by Japanese forces. The mobilization slammed McKeand against a rock and he and remember their distinguished history; they drowned. are truly living legends. of troops during the first days of World War II was very rapid and troops were often No one who knew Michael McKeand was f barracked in makeshift quarters. The 864th surprised to hear of his selfless deed. They MAJOR THOMAS HARDIN JR. HAM Company was no exception. When the were, however, shocked and saddened that Company was detailed to the community of the swollen waters of Feather River took his HON. GINNY BROWN-WAITE Pomona California they were provided tem- life. porary barracks at the Sears and Roebuck His parents, David and Linda McKeand of OF FLORIDA Clovis, brother Steven and sister Candace, all IN THE HOUSE OF REPRESENTATIVES store. In 1943 the Company was transported from mourn his loss, as do many other family and Wednesday, September 3, 2003 the United States to the South Hampton Naval friends. I invite my colleagues to join me in extend- Ms. GINNY BROWN-WAITE of Florida. Mr. Yard outside Portsmouth, England. For the ing sympathies to McKeand’s family, and in Speaker, I rise today to honor Major Thomas next eight months the 864th HAM Company honoring their loved one. Hardin, Jr., a World War II veteran from prepared the vehicles that were going to be a Spring Hill, Florida in my Fifth Congressional part of the D-Day invasion. In addition to this f District. work they also trained as part of the invasion TRIBUTE TO VA VOLUNTEER JOAN Over the August recess, Mr. Speaker, I will force. SHEEHAN have the honor of recognizing, Major Hardin The Company landed at St. Mere-Eglise for his heroism and bravery as a B–17 pilot, France and immediately began the awesome HON. GINNY BROWN-WAITE an American soldier flying—because there task of supplying rations, ammunition, and OF FLORIDA was no U.S. Air Force—with the British Royal medical supplies to the front lines. Under the IN THE HOUSE OF REPRESENTATIVES Air Force on January 22, 1945. leadership of General George S. Patton, the On that date, the-then Lieutenant Hardin statistics for the Third Army during this time Wednesday, September 3, 2003 and his crew lead their formation through ex- are staggering. 2,186,792 tons of supplies Ms. GINNY BROWN-WAITE of Florida. Mr. tremely intense and accurate anti-aircraft fire were transported. The Third Army had over Speaker, I rise today to honor Joan Sheenan, over Europe. During the mission, one of their 99,000 general purpose vehicles and over a constituent of mine who has selflessly given plane’s engines was knocked out and the pro- 21,000 combat vehicles. The veterans of the her time to the Veterans of my Fifth Congres- peller would not feather while oil and fuel were 864th HAM Company risked their lives to re- sional District for more than 8 years. leaking from two other engines. trieve and repair damaged vehicles. Never My district is home to thousands of our Na- Despite the terrible odds for survival, Lieu- shying away from the danger involved, the tion’s veterans and has the fourth-largest con- tenant Hardin’s first concern was for the safety members of the 864th HAM Company were an centration of American heroes in the Nation. of his crew. He issued an order for his crew integral part of General Patton’s march to Ber- So it is only natural, that at our veterans’ clin- to prepare to bail out, but reconsidered, not lin. Their versatility was demonstrated during ics and hospitals there’s never a shortage of wanting to risk the crew’s capture by hostile the Battle of the Bulge as they quickly moved things to do and never a time when additional forces. from Verderonne to help repel the German helping hands are not desperately needed. Lieutenant Hardin succeeded in controlling counter-attack. It was once said that, aside from love, the his seriously damaged aircraft across the Once the war in Europe ended, the 864th most precious thing a person can give another English Channel to the plane’s home base, re- came home and were mustered out of the person is labor. Joan has given over 2200 turning his crew safely to the ground. For his military in November 1945. As the members of hours of her labor to help the veterans of Flor- bravery, he was awarded the Distinguished the company scattered throughout the United ida’s Fifth Congressional District—and that is Flying Cross by the Secretary of the Air Force. States and began their civilian lives, they truly something to be honored. Lieutenant Hardin continued his service to maintained contact with each other. In 1957 Volunteering at both the Gainesville VA this nation as an officer in the army, flying a they gathered together for the first reunion and Medical Center and at the Inverness VA Clinic

VerDate jul 14 2003 02:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A03SE8.066 E04PT1 E1690 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 2003 for 8 years, she has given her time to vet- IN RECOGNITION OF MR. WAYNE B. James Dileo, United States Navy Petty Officer erans for longer than many people stay at a SALTER Nicholas Snipes and United States Army In- single job! fantryman Patrick Barker from my Fifth Con- David Glimer, Administrative Officer for the HON. FRANK PALLONE, JR. gressional District of Florida for their military VA’s Inverness Community Based Outpatient OF NEW JERSEY service in the Middle East. They and their Clinic has said of Joan, ‘‘She not only pro- IN THE HOUSE OF REPRESENTATIVES families reside in Crystal River, Citrus County, Florida. In The wake of September 11, 2001, vides valuable assistance to the veterans who Wednesday, September 3, 2003 receive care at the Inverness Clinic, but lead- the need to respond to the dangers of ter- ership to the other volunteers who help sup- Mr. PALLONE. Mr. Speaker, I rise today to rorism remains vital to our survival. Now that port the VA’s mission here in Inverness.’’ laud the accomplishments of Mr. Wayne B. we know of these dangers, we as a nation led Salter, and his 30 years of service as a mem- by individuals such as these three brave men, She’s given to the veterans of the Fifth Con- ber of the Benevolent and Protective Order of continue to respond successfully. Undoubt- gressional District as nobly and as altruistically Elks. Mr. Salter has held various positions edly, their, efforts overseas helped liberate an as they’ve given to all of us. Her service is a within the order, actively living by the Benevo- oppressed people from a terrorist regime and testament to the value and virtue of helping lent and Protective Order of Elks’ principles of made the world a safer place for generations others. ‘‘Charity, Justice, Brotherly Love, and Fidelity.’’ to come. Mr. Speaker I ask that you join me in com- Since Mr. Salter’s initiation into Long Please allow me to welcome these troops mending Joan for her efforts. I am honored to Branch, New Jersey’s Elks Lodge #742 he and troops from all over the world as they re- be her representative in Congress. She is one has served as Esquire, Esteemed Lecturing turn home. The courage they displayed during of the reasons that I am so very proud to rep- Knight, Esteemed Loyal Knight, and Esteemed their stints in the Middle East are exemplary of resent the Fifth Congressional District of Flor- Leading, Knight. He has also held the position the America spirit. Their heroism and dedica- ida in the House of Representatives. of Exalted Ruler for three terms, member of tion is what makes our country the most gra- the Board of Trustees two times, Chairman of cious and noble nation on earth. Their bravery f the Board, and Chairman of the P.E.R. Asso- will not be forgotten as Americans and free- ciation. dom loving people all over the world are in- IN HONOR OF THE NAAMANS Mr. Salter is a stellar member of the Benev- debted to their service. LITTLE LEAGUE ALL-STARS olent and Protective Order of Elks, an organi- f zation that has been helping, and volunteering H.R. 2861, THE FISCAL YEAR 2004 for communities all over the world since it’s HON. MICHAEL N. CASTLE VA/HUD AND INDEPENDENT founding in 1868. This society is rooted in tra- AGENCIES APPROPRIATIONS OF DELAWARE dition with the goal to improve life for all. Mr. BILL IN THE HOUSE OF REPRESENTATIVES Salter has done just this, time and time again Wednesday, September 3, 2003 going above the call of duty. During his term as Leading Knight, Mr. Salter was secretary HON. PETER A. DeFAZIO Mr. CASTLE. Mr. Speaker, it is with great for the Leading Knights’ Clinic as well as OF OREGON pleasure that I rise today to pay tribute to chairing most Lodge Committees. Mr. Salter’s IN THE HOUSE OF REPRESENTATIVES some new Delaware heroes—The Naamans concern for the greater good of his community Wednesday, September 3, 2003 Little League All-Stars. The team impressed, led him to take the position of District Chair- Mr. DeFAZIO. Mr. Speaker, I regret that I inspired and awed Delaware through their man for Drug Awareness at which time the was forced to vote against the fiscal year 2004 dedication, hard work and immense talent. All State Elks Peer Leadership Program was VA-HUD spending bill today. these qualities impress but more importantly started. However, I could not, in good conscience, they helped the team succeed in reaching the Mr. Salter has been an invaluable member vote in favor of a bill that so clearly fails to Little League World Series in Williamsport, to the Long Branch Elks Lodge having served meet the needs of our nation’s veterans. Pennsylvania, a feat unmatched by any other on many different committees as well as A vote in favor of this bill is a vote to main- team in Delaware history. chairing, the Elks House Committee and Pub- tain the status quo, a status quo that has re- Jarad Carney, Kevin Czachorowski, Scott lic Relations Committee. For his devoted serv- sulted in six month waiting lists, increased out- Dougherty, Cory Firmani, Danny Frate, Con- ice, The Long Branch Elks honored him in of-pocket expenses, and limited coverage for stantine Fournaris, Michael Julian, Zachary 1993 by electing him to be Honorary Life many veterans. My vote against this bill is a Lopes, Tim Marcin, David Mastro, Vince Member. signal that the status quo is totally unaccept- Russomagno, Kip Skibicki along with Manager Today, Mr. Salter holds the office of Vice able. Joe Mascelli, Coach Bob Waters and Coach President of the South Central District of the I am not alone in condemning the VA-HUD H.J. Lopes all deserve our congratulations. New Jersey State Elks Association. The tire- appropriations bill for its failure to meet the There are so many great players, coaches less amount of time and energy that Mr. Salter needs of those who selflessly served our and great teams in the Little League World has given to the Benevolent and Protective country in the armed forces. As top officials of Series and we are all so proud of our team for order of Elks should be applauded. Once national veterans organizations, including playing so well, playing so hard and making it again, Mr. Speaker, I would like to congratu- AMVETS, PVA, DAV, and VFW, wrote to Con- so far. Each deserves recognition for his late Mr. Salter for the thoughtful, community- gress regarding H.R. 2861, the legislation is achievements. building work that he has been involved with ‘‘wholly inadequate’’ and ‘‘represents a flagrant for the past 30 years as a member of the Be- disregard to promises made to veterans by For those friends and family who couldn’t nevolent and Protective Order of Elks. this Congress.’’ travel with the team, it was certainly a great f H.R. 2861 is $2.1 billion below the level set joy to watch them play on national television. for veterans programs in the House Repub- It was an even greater joy to watch them win TRIBUTE TO LANCE CORPORAL lican budget resolution. While I thought the on national television. But winning is not the JEREMY P. HOGAN, LANCE COR- House budget resolution was itself inadequate, only pillar of success. Effort, sacrifice, enjoy- PORAL JAMES DILEO, PETTY OF- a lower funding level is a slap in the face to ment, and friendship are just as important. FICER NICHOLAS SNIPES AND IN- veterans. H.R. 2861 is also $3.3 billion below Even through our television sets we could see FANTRYMAN PATRICK BARKER the levels requested by national veterans or- these crucial pieces of a great team. FOR SERVICE IN IRAQ ganizations. The bill includes shortfalls for Mr. Speaker, Along with their friends and medical care, medical research and construc- families, I wish to congratulate the Naamans HON. GINNY BROWN-WAITE tion, among other areas. Little League All-Stars for becoming the Mid- OF FLORIDA Mr. Speaker, the federal budget is about pri- Atlantic Regional Champions. The past few IN THE HOUSE OF REPRESENTATIVES orities. The lack of support for veterans pro- weeks have been exciting, they have made us grams in H.R. 2861 shows what happens Wednesday, September 3, 2003 proud, they have taken a place in Delaware when the President and his allies in Congress history and they have set a great standard not Ms. GINNY BROWN-WAITE of Florida. Mr. prioritize tax cuts for millionaires over ade- only for Little League baseball in Delaware, Speaker, I rise today to honor United States quately meeting our commitment to veterans. but for Little League Baseball throughout the Marine Corps Lance Corporal Jeremy P. I reject that prioritization, which is why I country. Hogan, Marine Reserve Lance Corporal voted against this bill. My vote was in favor of

VerDate jul 14 2003 02:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A03SE8.070 E04PT1 September 4, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1691 fully funding the benefits our veterans were grown to include more than 500,000 members New York, which is part of the 22nd Congres- promised, have earned and deserve. in 80 countries around the globe—making it sional District that I proudly serve. This year f one of the world’s premier service organiza- marks the 300th Anniversary of the founding tions and giving it global notoriety. That, Mr. of Rochester on June 25, 1703. I am pleased CONGRATULATIONS TO EAST Speaker is a true testament to all the good BOYNTON BEACH LITTLE LEAGUE to recognize the Town of Rochester and the work the organization does. important contributions it has made to Ulster With a motto like, ‘‘We build,’’ one cannot County and to the State of New York. HON. MARK FOLEY help but view Kiwanis as an active group of in- OF FLORIDA dividuals, solidly committed to positive goals. The Town of Rochester is located in the IN THE HOUSE OF REPRESENTATIVES And the Kiwanis clubs live up to their motto— Mid-Hudson Valley, and is bordered on the Wednesday, September 3, 2003 In one year Kiwanis clubs sponsored 147,000 east by the Shawangunk Mountains, and on the west by the Catskill Mountains. It also in- Mr. FOLEY. Mr. Speaker, I rise today with service projects and raised and spent almost $70 million while contributing 6.2 million hours cludes part of the rich land of the Rondout great enthusiasm to honor and congratulate Valley, and consists of approximately 48,000 the East Boynton Beach Little League team of volunteer time. acres. and their tremendous accomplishment of com- Kiwanis Clubs have a long tradition of excel- peting in the Little League World Series. Their lence and an upstanding reputation as amaz- Prior to European settlement, the Rondout 9-to-2 victory over New England on August ing organizations and for that, I commend Valley was inhabited by the Lenni-Lenape, or 23, 2003 earned them the eighth National Title them. They are truly individuals whose service Esopus Indians. After the defeat of the Esopus for the State of Florida and the first for Palm to their communities is something we should Indians, Captain Martin Cregier led a group Beach County. This amazing feat earned them all emulate. from the original Dutch settlement of a spot in the World Series Title Game against f Wildwyck, on the Hudson River, to what is Japan. TRIBUTE TO LIEUTENANT COLO- now Rochester. This group first explored In 1939 Carl Stotz founded Little League NEL HOWARD PIERCE MAREE III, Rochester in 1663, and it was originally called Baseball in Williamsport, Pennsylvania. Since UNITED STATES AIR FORCE RE- the Town of Mumbakkus. Captain Joachim the inception of the Little League World Series TIRED Schoonmaker led the first group of settlers to in 1947, the tournament has grown to encom- Rochester in 1685 from Kingston, NY. A small pass not only national teams, but teams from HON. MIKE McINTYRE number of land grants were given out in Roch- all around the globe. It has become the cul- ester by the Kingston trustees, which made up mination of the world’s largest tournament in OF NORTH CAROLINA the closest governing body to Rochester at the any sport. East Boynton and Japan were the IN THE HOUSE OF REPRESENTATIVES time. By the time Rochester officially received remaining two teams that survived from 7,000 Wednesday, September 3, 2003 Little League all-star teams that began play in its patent in 1703, there was already a solid Mr. MCINTYRE. Mr. Speaker, it is with great contingent of 334 residents in the town. July. pleasure that I rise today and honor Lieuten- The East Boynton Beach Little League team Through the eighteenth century, Rochester ant Colonel Howard Pierce Maree of the was extremely impressive in the way they dis- United States Air Force (Retired). On August was mainly a commercial agrarian community. played their extraordinary skills on the field. 15, 2003, Lieutenant Colonel Maree passed The fertile soil of the Rondout Valley provided Their ever-present smiles and the joy they ex- away after serving the people of this great na- ample opportunity for the successful farming pressed reminded every baseball fan of what tion for nearly twenty-seven years. industry that Rochester was known for. In the game is all about. Their skills and attitudes Howard Maree was a decorated officer, who order to support the agricultural advances of both on and off the field are a direct correla- spent his career ensuring that the freedoms the region, paper, grist, saw, and other mills tion to the teaching and dedication showed by the United States holds dear are protected were built along the major streams in the their coaches and parents. My hat is off to and preserved. Throughout his illustrious ca- Town. Rochester was linked to Kingston and coaches Ken Emerson, Joe Irene and Tony reer, Lieutenant Colonel Maree was honored the Hudson River port by what was known as Travis; and players Patrick Mullen, Matt with the Distinguished Flying Cross with one King’s Highway. The original historic stone Overton, Devon Travis, Richie DeJesus, Jor- Cluster, two Silver Star Medals, the Air Medal houses of Rochester, many of which remain dan Irene, Andrew Weaver, Ricky Sabatino, with five Clusters, World War II Victory Medal, R.J. Neal, Michael Broad, Cody Emerson and standing today, were built during this period. National Defense Medal, European and Amer- Benny Townend. Agriculture remained the dominant eco- ican Theater of Operations Medals, Korean Again, Mr. Speaker, I offer my heartfelt con- nomic force in Rochester throughout the nine- Service Medal, and Vietnam Service Medal. gratulations to the East Boynton Beach Little teenth century as well, with the establishment As a fighter pilot in three major conflicts, League team. They made Palm Beach Coun- Lieutenant Colonel Maree served his country of the Delaware and Hudson Canal. With the ty, the State of Florida, and our nation very with dignity and integrity and contributed to introduction of the Ontario and Western Rail- proud. many victorious campaigns throughout his ca- road at the start of the twentieth century, f reer. As an Air Force reservist for over ten Rochester’s economic focus turned to tourism. TRIBUTE TO KIWANIS years, Lieutenant Colonel Maree continued to Resorts, summer homes, and guesthouses INTERNATIONAL serve the people of the United States unself- were built, which provided Rochester’s many ishly. New York City visitors with relief from the con- HON. GINNY BROWN-WAITE We owe Lieutenant Colonel Howard Pierce finement of city life. Tourism contributed great- OF FLORIDA Maree III our sincere appreciation for his twen- ly to Rochester’s economy during the first half IN THE HOUSE OF REPRESENTATIVES ty-seven years of committed service to our na- of the twentieth century, and brought new tion. His devotion to the people of the United prosperity to the region. Wednesday, September 3, 2003 States should serve as an example to us all. Evidence of Rochester’s colonial history re- Ms. GINNY BROWN-WAITE of Florida. Mr. May God bless his family, and may God mains today, as the Town has one of the high- Speaker, I rise today to honor the Kiwanis bless this great nation. est concentrations of inhabited 18th century Clubs of America, which are outstanding orga- f homes in the nation. Rochester and the Hud- nizations with strong memberships across this son Valley continue to provide breathtaking country and worldwide of active, service-mind- COMMEMORATING THE 30TH ANNI- ed individuals committed to their communities VERSARY OF THE TOWN OF scenery and views of the Catskill and and their surroundings. ROCHESTER Shawangunk Mountains to all their visitors. Kiwanis Clubs make their marks by re- Small towns like Rochester are an essential sponding to the needs of their communities, HON. MAURICE D. HINCHEY component of our nation’s past, present, and pooling their resources to address worldwide OF NEW YORK future, and deserve to be honored and recog- nized for their numerous contributions to our issues, and setting an example of service and IN THE HOUSE OF REPRESENTATIVES stewardship that is to be honored and com- states and country. Mr. Speaker, it gives me mended. Wednesday, September 3, 2003 great pleasure to recognize the Town of Roch- From humble beginnings in Detroit, Michi- Mr. HINCHEY. Mr. Speaker, I rise today to ester, New York as it celebrates the 300th An- gan in 1915, the Kiwanis organization has honor the Town of Rochester in Ulster County, niversary of its founding.

VerDate jul 14 2003 02:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A03SE8.074 E04PT1 E1692 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 2003 INTRODUCTION OF AN AMEND- highest ambition of every American to extend airmen receive the full amount of back pay MENT TO THE CONSTITUTION his views beyond himself, and to bear in mind they deserve, in dollars adjusted for inflation. PROVIDING THAT FOREIGN-BORN that his conduct will not only affect himself, his This bill is of considerable importance not CITIZENS OF 20 YEARS ARE ELI- country, and his immediate posterity; but that just to the surviving veterans, but to the wid- GIBLE FOR THE OFFICE OF its influence may be coextensive with the ows who survived their husbands as well. PRESIDENT world.’’ These women, many of whom may not be in Bob Stump, a beloved Arizonan and a a position to meet their needs, have earned HON. JOHN CONYERS, JR. champion of liberty, extended his gallant views and deserve the benefit of this legislation. We OF MICHIGAN beyond himself and furthered the cause of must make up this inequity and keep our IN THE HOUSE OF REPRESENTATIVES American freedom in this country and through- promise to our Nation’s veterans. out the world. I am proud to have introduced this bill in the Wednesday, September 3, 2003 As a courageous soldier in our Nation’s House of Representatives, and urge my col- Mr. CONYERS. Mr. Speaker, today I am in- armed forces, Bob exemplified the kind of im- leagues to join me in correcting this injustice troducing a proposed amendment to the Con- passioned and steadfast patriotism that every in full. To do otherwise not only devalues the stitution of the United States that will enable true American dreams to be. service of these veterans of so long ago, but all citizens of this country to be eligible to hold Serving 26 years as a Member of Congress, shows a callous disregard for the men and the Office of President. No citizen should be Bob Stump left us all a policy legacy of a women of our Armed Forces currently in denied the opportunity to seek the nation’s stronger and more secure America. He also harm’s way in Iraq. I hope that both houses highest office. The proposal that I am intro- left us a rich personal legacy. Bob was a serv- can quickly pass this legislation, and look for- ducing will allow foreign-born individuals who ant-leader and a man of great personal de- ward to watching President Bush sign this bill. have been citizens of this country for at least cency. He was a man who desperately loved 20 years to be eligible for this office. and cherished his family. He was also a man f As you know, Article II of the Constitution of of deep abiding faith in Jesus Christ. And now the United States provides that only natural- he has walked hand-in-hand with his Savior A TRIBUTE TO CORPORAL MARK born citizens are entitled to hold the Office of across the threshold of eternity and stepped ANTHONY BIBBY UNITED STATES President. I believe that this limitation con- into the light of everlasting victory. ARMY tradicts the principles for which this country Mr. Speaker, Congressman Bob Stump’s stands. This nation prides itself on its diversity conduct indeed affected his country in a pro- HON. MIKE McINTYRE of culture, experience, and opinion. This qual- found way. I am so very honored today to OF NORTH CAROLINA ity is achieved only by welcoming immigrants pause with Arizonans, and Americans every- IN THE HOUSE OF REPRESENTATIVES to this country, allowing them to become citi- where, to pay tribute to this true American zens, and enabling them to make full contribu- hero. Wednesday, September 3, 2003 tions to society. And to Bob Stump, from all of us, I would Mr. MCINTYRE. Mr. Speaker, it is with great For the most part, the United States treats simply say, ‘‘Rest easy, gentle warrior. Thank pleasure that I rise today and honor Corporal its citizens, those natural-born and foreign- you for passing this way and walking so kindly Mark Anthony Bibby of the United States born, the same. However, when determining and so nobly among us. We shall never forget Army. On July 21, 2003, Corporal Bibby was who is eligible for the Office of President, this you.’’ killed in the line of duty while serving the peo- country unfairly distinguishes between the two. ple of this great Nation in Iraq. Allowing the United States to be a better f Mark Bibby was a soldier, who, after serving country because of the contributions that for- POW BACK PAY BILL eign-born citizens make, and then not allowing 4 years in the U.S. Army, joined the Reserves them to fully participate in all aspects of soci- so that he could continue his devoted service ety, is un-American. HON. DARLENE HOOLEY to our Nation while earning his degree. His As you may also know, some of our coun- OF OREGON educational aspirations were put on hold as he try’s foreign-born citizens are our country’s IN THE HOUSE OF REPRESENTATIVES was once again called to serve his country, ensuring that the freedoms the United States greatest public servants. There are also 700 Wednesday, September 3, 2003 foreign-born citizens who have received the holds dear are protected. Medal of Honor. It is unjust to deny citizens Ms. HOOLEY of Oregon. Mr. Speaker, in Corporal Bibby’s love for his fellow man and that have risked their lives for this country the times of war our veterans and their families for the values this Nation holds dear, and his chance to become President of the United make sacrifices. The prisoners of war during life’s commitment to defending those values States as well. A 2002 Pentagon study reports WWII made great sacrifices, and were not al- can best be described by three simple, but that more than 30,000 foreign-born citizens ways shown the gratitude they deserve. These profound words: spirit, service, sacrifice. are currently serving in the U.S. military. American heroes, lost through the passage of It was Corporal Bibby’s spirit that made him I realize that constitutional amendments are time, have been denied the pay that their rank the man that he was—a spirit that recognized rare and that those proposed should be sub- entitled them to for more than 50 years. It is and honored values beyond the material, tem- ject to great scrutiny. I truly respect one of the time to stamp ‘‘paid in full’’ on this forgotten poral, and physical things of this world. Cor- documents on which our country was founded, debt. poral Bibby’s unselfish and unabated service the Constitution of the United States. There- I would especially like to honor Dr. David was reflected in his strong work ethic, his fore, it is after great consideration and with the Kliewer, a veteran from Corvallis, OR, who strong sense of patriotism, and his strong love utmost gravity, that I introduce this proposal brought this issue to my attention. Dr. Kliewer for God, his family, and his country. With a today. I am hopeful that my fellow colleagues is a remarkable man who voluntarily joined the strong spirit and unwavering service, Corporal in Congress will properly consider the pro- Marines in 1939 as a Marine Corps Aviator. Bibby made the ultimate sacrifice. He risked posed amendment and realize that every cit- He was a POW in the South Pacific, and was his life to ensure the safety of others. His val- izen of the United States should be entitled to promoted to the rank of Major while held in a iant actions demonstrated that he knew that dream of becoming President. Japanese POW camp. While imprisoned, he freedom is not free. His sacrifice was rich in applied and was accepted to Harvard Medical integrity and reminds us of the gratitude we, f School. as citizens of this great Nation, should have TRIBUTE TO HON. BOB STUMP This bill would allow certain forgotten Navy toward him and toward all of our servicemen and Marine Corps veterans who were POWs and women. HON. TRENT FRANKS during World War II to collect back pay related We owe Corporal Bibby our sincere appre- OF ARIZONA to their promotions. These veterans were se- ciation for his years of committed service to our Nation. His devotion to the people of the IN THE HOUSE OF REPRESENTATIVES lected for advancement during their intern- ment, but were unable to receive their pro- United States should serve as an example to Wednesday, September 3, 2003 motion or the increase in pay that they were us all. Mr. FRANKS of Arizona. Mr. Speaker, due. This bill corrects this oversight, and en- May God bless his family, and may God George Washington said, ‘‘It should be the sures that these brave soldiers, sailors, and bless this great Nation.

VerDate jul 14 2003 02:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A03SE8.079 E04PT1 September 4, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1693 COMMEMORATING THE 80TH ANNI- On rollcall No. 449, I would have voted week in the Republic of Cape Verde, which is VERSARY OF THE RUDDICK ‘‘aye.’’ the ancestral home of many of my constitu- TROWBRIDGE POST NO. 73 OF On rollcall No. 450, I would have voted ents, I was pleased to read that the President, THE AMERICAN LEGION ‘‘nay.’’ in a long overdue move, is seriously thinking On rollcall No. 451, I would have voted about significant UN involvement in our admin- HON. MAURICE D. HINCHEY ‘‘aye.’’ istration of Iraq. Unfortunately, both past his- On rollcall No. 452, I would have voted OF NEW YORK tory and the description of current efforts fail ‘‘nay.’’ IN THE HOUSE OF REPRESENTATIVES to give me confidence that the administration On rollcall No. 453, I would have voted is ready to do this in the serious way that is Wednesday, September 3, 2003 ‘‘aye.’’ required for success. Mr. HINCHEY. Mr. Speaker, I rise to honor On rollcall No. 454, I would have voted The importance of this being done appro- the Ruddick Trowbridge Post No. 73 of the ‘‘nay.’’ priately was recently underlined in an ex- American Legion, based in Monticello, New On rollcall No. 455, I would have voted tremely cogent article from one of our most York, which is commemorating the 80th Anni- ‘‘aye.’’ experienced foreign policy experts. Jonathan versary of their Post. It is with great pleasure On rollcall No. 456, I would have voted Moore is a man who began his career working that I join the Post in honoring their present ‘‘nay.’’ as a key aide to the late Eliot Richardson, and former commanders and auxiliary presi- On rollcall No. 457, I would have voted himself one of the most distinguished and dents on the occasion of this significant mile- ‘‘aye.’’ thoughtful practitioners of foreign policy in re- stone. On rollcall No. 458, I would have voted cent history. Jonathan Moore has broad first- Named in honor of Ruddick Trowbridge, ‘‘nay.’’ hand experience in international affairs, and who was killed in action during World War I in On rollcall No. 459, I would have voted has also been a thoughtful scholar. He served France on August 10, 1918, the Ruddick ‘‘aye.’’ America at the UN under President George Trowbridge Post was established in 1923, f H.W. Bush, and he is now an advisor to the when its first commander, Sylvester Smith, en- CONGRATULATIONS TO MISSOURI UN Development Program on Post Conflict tered office. The Post was later chartered on FARM BUREAU FOR REACHING Reconstruction. On Tuesday, August 26, as I June 7, 1930. Since the Post was established, 100,000 MEMBERS was leaving the country, I read the attached forty-five men have served as commander. article by him in the Boston Globe and I was The Ruddick Trowbridge Post has continued HON. IKE SKELTON struck by how well he put the case. As might to work to ensure that the tremendous con- already be clear from his having begun his OF MISSOURI tributions and sacrifices made by this nation’s work with Eliot Richardson, Jonathan Moore’s IN THE HOUSE OF REPRESENTATIVES veterans are remembered and recognized. In active political career was as a Republican, addition, the Post has maintained an active Wednesday, September 3, 2003 which is relevant only to refute any suggestion role in the community. The Post has provided Mr. SKELTON. Mr. Speaker, let me take that there is even the slightest hint of partisan- scholarships to deserving local students, rec- this means to congratulate the Missouri Farm ship in his strong critique of the administration. ognized scouts for their achievements, do- Bureau for reaching an all-time membership Few Americans have earned a right to a nated flags to community organizations and high of 100,000 Missourians. During the last hearing on this subject more than Jonathan municipal governments, and honored de- decade, Missouri Farm Bureau membership Moore, and I know of no one who has made ceased veterans by decorating their graves. has grown steadily and will exceed 100,000 by the case for the appropriate policy to be fol- The Post also holds and participates in cere- the end of its membership year on August 31, lowed in this difficult situation more cogently. monies for Memorial Day, National POW/MIA 2003. I ask that Jonathan Moore’s incisive article be Day in September and Veterans Day. Missouri Farm Bureau was first organized in printed here, and I earnestly hope that the ad- As part of the American Legion, which 1915 and was the first such state Farm Bu- ministration will heed him. boasts a membership of more than three mil- reau to be organized in the Nation. Today, [From the Boston Globe, Aug. 26, 2003] lion veterans and currently includes approxi- Missouri Farm Bureau is the state’s largest UN CAN PICK UP PIECES IN IRAQ IF U.S. WILL mately fifteen thousand posts worldwide, the farm organization and has offices in each of LET IT Ruddick Trowbridge Post has actively pro- Missouri’s 115 counties. Missouri Farm Bu- In the aftermath of last Tuesday’s bombing moted the values and focus on community reau also plays an integral role in working with of United Nations headquarters in Baghdad, service that define the American Legion orga- the United States finds itself in a terrible its partners around the country as a member bind largely of its own making. nization. I am proud to express my apprecia- of the American Farm Bureau Federation. Following the successful fighting and take- tion and great respect to the members of the Through the years, Missouri Farm Bureau over, the United States held the initiative as Post for their distinguished record of service to members have worked to develop grassroots it turned to the immediate postwar chal- this great nation as well as the significant con- agriculture policy. Their advice is critical to lenges of occupation: establishing security, tributions they have made to our local commu- Members of Congress’ developing an agri- tending to humanitarian relief, getting basic nities. culture strategy that will most benefit Missouri public services functioning, and undertaking Mr. Speaker, I am delighted to submit these producers. Reaching a milestone of 100,000 efforts to build a democratic nation and to remarks in honor of the 80th Anniversary of begin serious reconstruction. Now the mo- members is truly an outstanding accomplish- mentum may have shifted against the United the Ruddick Trowbridge Post No. 73 of the ment and is the result of a lot of hard work on States, putting it in a perilous position. American Legion. the part of Farm Bureau leaders throughout In all the time building up to the war, the f the Show Me State. United States insisted on its objective of re- Mr. Speaker, I applaud Missouri gime change and its vision of a stable, demo- PERSONAL EXPLANATION Farm,Bureau President Charlie Kruse and all cratic Iraq exerting a salutary influence on 100,000-plus members of this farm organiza- peace and progress in the Middle East. The HON. GENE GREEN tion for their work on behalf of American agri- problem is that the administration did not heed sensible, professional warnings of the OF TEXAS culture. I know that all my House colleagues inherent dangers and obstacles that would be IN THE HOUSE OF REPRESENTATIVES will join me in congratulating them on a job faced and cautions about the enormous in- Wednesday, September 3, 2003 well done. vestments that would be required to pull it f off. Instead, the administration proceeded by Mr. GREEN of Texas. Mr. Speaker, on Fri- itself in an arrogant and ill-prepared man- day July 25, 2003, I had to return to Houston UN CAN PICK UP PIECES IF U.S. ner. for urgent business, and missed a number of WILL LET IT While the problems the United States has votes. encountered since the war was declared over I would like the RECORD to reflect that, had could not have been predicted with certainty HON. BARNEY FRANK (and who would have wanted to), some were I been present, I would I have voted in the fol- OF MASSACHUSETTS lowing manner: probable, all were possible, and none, even IN THE HOUSE OF REPRESENTATIVES occurring together, should have come as a On rollcall No. 447, I would have voted Wednesday, September 3, 2003 surprise. ‘‘aye.’’ Two factors in the current situation are On rollcall No. 448, I would have voted Mr. FRANK of Massachusetts. Mr. Speaker, predominant: establishing and maintaining ‘‘nay.’’ upon my return to the United States after a security in Iraq and the role of the United

VerDate jul 14 2003 02:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A03SE8.083 E04PT1 E1694 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 2003 Nations. The United States is in the process cycling Initiative. This bill seeks to authorize For the past 60 years, Max has fought for of botching both of them, and they are inter- $30 million total for the Inland Empire Utilities social justice, equal opportunity, education, twined. The administration has failed to con- Agency (IEUA) and the Cucamonga County protection of the natural environment, and the trol security in Iraq by underestimating the problem and by refusing to take the meas- Water District (CCWD), to assist in con- preservation of individuals’ rights of free ex- ures required to achieve it. structing two water recycling projects which pression. Nearly 50 years ago, Max was When the Security Council refused to give will add 75,000 acre-feet of new water annu- called to testify in this building by Senator Jo- the United States carte blanche for both its ally to the area’s water supply. seph McCarthy to defend his own rights of war-making and its nation-building, the ad- Earlier this year, the U.S. Department of the free speech, free thought and free assembly. ministration dismissed the United Nations Interior announced a new initiative—Water He was quite wrongly accused of being un- and proceeded unilaterally. (The ‘‘coalition’’ 2025—Preventing Crisis and Conflict in the American. To me, and to many others, he rep- is us. Our biggest and best ally, the British, West—aimed at preventing chronic water sup- have 11,000 troops in Iraq compared with our resents the finest qualities of an American cit- 150,000.) ply problems in the Western United States re- izen. Security is the sine qua non. Nothing else sulting from drought, growth or other chal- Every day of his adult life before those hear- in the administration’s ambitious agenda lenges. In addition to the federal strategy, ings, and indeed, every day since, Max has can happen without it. Not only does ade- California, more than a year ago, established exemplified the characteristics of true citizen- quate security in Iraq not exist and is dimin- a special Water Recycling Task Force, man- ship—those very characteristics that make our ishing but the United States, in its insistent aged by the State Water Resources Control nation great. He was a successful entre- monopoly, is exclusively responsible for it Board. The Task Force concluded that by the and therefore for its failure. preneur who attended to his customers with As Washington now casts about for help year 2030, California should develop 1.5 mil- the utmost integrity. He epitomizes the values both in recovering security—with peace- lion acre feet of new recycled water. of volunteerism and activism. He tirelessly keeping troops from other countries—and in Water supply issues in California and other contributes considerable effort and time to the reconstruction—with financing and expertise Western states are of paramount concern, es- betterment of his community, advocating for also from international actors—other na- pecially in light of ongoing challenges with the the homeless, feeding the hungry, striving for tions neither want to participate as U.S. vas- Colorado River Quantification Settlement sals nor are they entirely confident the better quality education and affordable health Agreement. In order to meet the water needs care and working for a more peaceful and tol- United States is up to doing a good job. of the Inland Empire, and to help alleviate Two weeks ago the United States scrapped erant world. He has been a loving husband to a possible UN resolution designed to attract California’s overdependence on the Colorado Annette, his wife of 50 years, a proud and de- such help and provide greater credibility for River, I see this legislation as a key federal- voted father to his two daughters, Laura and the whole enterprise because the administra- local partnership to bring a significant amount Lisa, and a doting grandfather to Eva and Mi- tion didn’t want its own authority to be di- of new water supply to the region. chael. luted in either realm. The Inland Empire Regional Water Recy- We’ve been there before and should know Mr. Speaker, in this day, when so many cling Initiative includes two projects, the first of people question other people’s motives and better, most recently in Afghanistan. We try which will be constructed by the IEUA and will to do it on the cheap and alone, stubbornly when voices of disagreement are dismissed and churlishly. Defense Secretary Donald produce 70,000 acre-feet of new water annu- as being unpatriotic, we must remember that Rumsfeld, who months ago brutally put ally. This project is expected to be fully con- it is men like Max Finestone, who fight dili- down our Army chief of staff for having sug- structed and on-line by 2008. The second of gently every day for the rights with which we gested the need for up to 300,000 troops to se- these projects, to be constructed by the have been blessed and which we must never cure postwar Iraq, indicated after the bomb- CCWD, will produce an additional 5,000 acre ing of the UN headquarters and amid other take for granted. I ask my colleagues in the feet of new water annually. This project is ex- House to join me today in honoring Max security breakdowns that the current level pected to be fully constructed and on-line by of U.S. troops envoy to Iraq chided the Iraqis Finestone for his commitment to improving the to exert more authority over the situation. 2010. Between these two projects, 75,000 world around him and for his dedication to his This won’t work. acre feet of new water will be produced annu- country. Perhaps a strategy would be for the United ally before the end of the decade. States first to deploy substantially more I am pleased that the Inland Empire Re- f troops to Iraq and also support a new Secu- gional Water Recycling Project has the sup- TO POSTHUMOUSLY HONOR JAMES rity Council resolution reconfirming coali- port of all member agencies of IEUA, as well COLLEY, RECIPIENT OF THE ED tion authority for the security job but as the water agencies downstream in Orange switching principal responsibility to the UN PASTOR CULTURAL AWARENESS for the reconstruction job—a dual model County. It is also consistent with regional wa- AWARD somewhat similar to the one used in Afghan- tershed plans, the California Department of istan. Water Resources water recycling task force, HON. ED PASTOR This would allow the United States to do the U.S. Bureau of Reclamation’s comprehen- OF ARIZONA what it can do best and the UN to do what it sive water study, and the Department of Inte- IN THE HOUSE OF REPRESENTATIVES can do best. The United States would still rior’s ‘‘Water 2025’’ plan. exercise enormous influence in the nation- I also want to recognize the hard work of Wednesday, September 3, 2003 building arena but with more international IEUA and CCWD, which serve the Cities of involvement in money, experience, and polit- Mr. PASTOR. Mr. Speaker, I would like to ical capital. There would be greater credi- Rancho Cucamonga, Upland, Montclair, pay tribute to a man whose tireless dedication bility and broad acceptance for such an ar- Chino, Chino Hills, Ontario, and Fontana. to our community has enriched the lives of our rangement, more sharing of credit and blame Their dedication to providing the water needs citizens, and especially our youth, in the City (the United States would not be exclusively of the region is commendable, and I urge my of Phoenix. For his contributions, Mr. James exposed and targeted), and such a regime colleagues to support the Inland Empire Re- Colley has recently been posthumously award- would be likely to attract more troop con- gional Water Recycling Project. tributions to the United States-led security ed the Ed Pastor Cultural Awareness Award. f effort. The Ed Pastor Cultural Awareness Award The administration would still face huge TRIBUTE TO MAX FINESTONE provides an opportunity to highlight innovative odds. But it would strengthen the prospect culturally sensitive programs and the visionary, and improvement is desperately needed. The HON. MAURICE D. HINCHEY creative leaders who design and implement United States can’t go it alone, and it must them. This award also recognizes any re- OF NEW YORK not go down and out in Iraq. search related to the promotion of diversity IN THE HOUSE OF REPRESENTATIVES f issues in parks and recreation. Wednesday, September 3, 2003 INLAND EMPIRE UTILITIES It is fitting that this initial award is awarded AGENCY Mr. HINCHEY. Mr. Speaker, I would like to to a man who directed and created innovative take this opportunity to recognize the accom- programs and services throughout his career HON. DAVID DREIER plishments of my friend and constituent Max in parks and recreation. The Ed Pastor Award Finestone, who recently celebrated his 81st represents the late Mr. James Colley’s com- OF CALIFORNIA birthday. I am proud to say that Max has re- mitment to all citizens regardless of ethnicity, IN THE HOUSE OF REPRESENTATIVES mained an active member of his community in gender, or age. Wednesday, September 3, 2003 Ulster County, New York and has dedicated Minority youth have long suffered at the Mr. DREIER. Mr. Speaker, I rise today to in- himself to improving this nation and the lives hands of gangs, drug abuse, teen pregnancy, troduce the Inland Empire Regional Water Re- of the people who reside in it. and other social ills. Jim dedicated significant

VerDate jul 14 2003 02:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A03SE8.087 E04PT1 September 4, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1695 and substantial amounts of department re- sory Board he was able to get the input di- geoning growth of the Latino population in the sources to address the needs of youth rectly from those individuals primarily impacted City of Phoenix. The Latino Institute now in its throughout the City of Phoenix. He also forged by program policies and their implementation. third year has implemented community forums collaboration efforts with city and community Input from the Youth Advisory board led to the in the cities of Phoenix and Glendale. organizations in an effort to leverage the City’s creation of Camp Colley, a camp created for resources. inner city youth located in Northern Arizona. For these reasons Mr. Speaker, I ask my Jim personally visited many of the inner city During his final two years as Director, Jim colleagues to join me in honoring the memory areas of Phoenix to discuss issues with the had the vision of creating a Latino Institute to of Mr. James Colley as this year’s recipient of youth themselves. By creating a Youth Advi- meet the ever increasing demands of the bur- the Ed Pastor Cultural Awareness Award.

VerDate jul 14 2003 02:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A03SE8.091 E04PT1 Thursday, September 4, 2003 Daily Digest Senate Kohl Amendment No. 1558 (to Amendment No. Chamber Action 1542), to provide additional funding for the om- Routine Proceedings, pages S11051–S11132 budsman program for the protection of vulnerable Measures Introduced: Two bills were introduced, older Americans. Pages S11056–57 as follows: S. 1582–1583. Page S11118 Kennedy Amendment No. 1566 (to Amendment No. 1542), to increase student financial aid by an Measures Reported: amount that matches the increase in low- and mid- S. 1583, making appropriations for the govern- dle-income family college costs. Pages S11069–77 ment of the District of Columbia and other activities Dodd Amendment No. 1572 (to Amendment No. chargeable in whole or in part against the revenues 1542), to provide additional funding for grants to of said District for the fiscal year ending September States under part B of the Individuals with Disabil- 30, 2004. (S. Rept. No. 108–142) ities Education Act. Pages S11081–86 S.J. Res. 1, proposing an amendment to the Con- Harkin Amendment No. 1575 (to Amendment stitution of the United States to protect the rights No. 1542), to provide additional funding for the of crime victims. Page S11117 Fund for the Improvement of Education. Labor, Health and Human Services, Education Pages S11090–94 Appropriations: Senate continued consideration of DeWine Amendment No. 1561 (to Amendment H.R. 2660, making appropriations for the Depart- No. 1542), to provide funds to support graduate ments of Labor, Health and Human Services, and medical education programs in children’s hospitals. Education, and related agencies for the fiscal year Pages S11100–01 ending September 30, 2004, taking action on the DeWine Amendment No. 1560 (to Amendment following amendments proposed thereto: No. 1542), to provide funds to support poison con- Page S11101 Pages S11052–62, S11065–95, S11100–07 trol centers. Adopted: DeWine Amendment No. 1578 (to Amendment No. 1542), to provide funding for the Underground Nelson (FL) Amendment No. 1557 (to Amend- Railroad Education and Cultural Program. ment No. 1542), to provide for a GAO study and Pages S11102–03 report on the propagation of concierge care. Clinton Amendment No. 1565 (to Amendment Pages S11052–53 No. 1542), to provide additional funding to ensure DeWine Modified Amendment No. 1555 (to an adequate bioterrorism preparedness workforce. Amendment No. 1542), to express the sense of the Page S11103 Senate concerning the Pediatric Research Initiative. During consideration of this measure today, the Pages S11101–02 Senate also took the following action: Pending: By 46 yeas to 49 nays (Vote No. 325), three-fifths Specter Amendment No. 1542, in the nature of a of those Senators duly chosen and sworn, not having substitute. Page S11052 voted in the affirmative, Senate rejected the motion Byrd Amendment No. 1543 (to Amendment No. to waive section 504 of H. Con. Res. 95, Congres- 1542), to provide additional funding for education sional Budget Resolution, with respect to Murray for the disadvantaged. Page S11052 Amendment No. 1559 (to Amendment No. 1542), Akaka Amendment No. 1544 (to Amendment to restore funding for certain programs under the No. 1542), to provide funding for the Excellence in Workforce Investment Act of 1998. Subsequently, Economic Education Act of 2001. Page S11052 the point of order that the amendment would exceed Mikulski Amendment No. 1552 (to Amendment discretionary spending limits and thus be in viola- No. 1542), to increase funding for programs under tion of section 504 of H. Con. Res. 95, Congres- the Nurse Reinvestment Act and other nursing sional Budget Resolution, was sustained, and the workforce development programs. Page S11052 amendment thus falls. Pages S11057–62, S11077 D947

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By 52 yeas to 43 nays (Vote No. 326), three-fifths Executive Reports of Committees: Pages S11117–18 of those Senators duly chosen and sworn, not having Additional Cosponsors: Pages S11118–19 voted in the affirmative, Senate rejected the motion to waive section 504 of H. Con. Res. 95, Congres- Additional Statements: Pages S11113–15 sional Budget Resolution, with respect to Daschle Amendments Submitted: Pages S11119–24 Amendment No. 1568 (to Amendment No. 1542), Notices of Hearings/Meetings: Page S11124 to provide funding for rural education. Subsequently, the point of order that the amendment would exceed Authority for Committees to Meet: Page S11124 discretionary spending limits and thus be in viola- Privilege of the Floor: Page S11124 tion of section 504 of H. Con. Res. 95, Congres- Record Votes: Three record votes were taken today. sional Budget Resolution, was sustained, and the (Total—327) Pages S11077, S11094–95, S11095–96 amendment thus falls. Pages S11094–95 Adjournment: Senate met at 9:30 a.m., and ad- A unanimous-consent agreement was reached pro- journed at 8:20 p.m., until 9:15 a.m., on Friday, viding that at 9:30 a.m., on Friday, September 5, September 5, 2003. (For Senate’s program, see the 2003, Senate vote on or in relation to Clinton remarks of the Acting Majority Leader in today’s Amendment No. 1565 (to Amendment No. 1542) Record on page S11125.) (listed-above), to be followed by a vote on or in rela- tion to Harkin Amendment No. 1575 (to Amend- ment No. 1542). Pages S11124–25 Committee Meetings A unanimous-consent agreement was reached pro- (Committees not listed did not meet) viding for further consideration of the bill at 9:30 a.m., on Friday, September 5, 2003. Pages S11124–25 APPROPRIATIONS Energy Policy Act—Conferees: Pursuant to the Committee on Appropriations: Committee ordered favor- order of the Senate of July 31, 2003, regarding H.R. ably reported the following bills: 6, to enhance energy conservation and research and An original bill making appropriations for the development, to provide for security and diversity in Departments of Commerce, Justice, and State, the the energy supply for the American people, the Judiciary, and related agencies for the fiscal year Chair announced the appointment of the following ending September 30, 2004; conferees on the part of the Senate: Senators Domen- An original bill making appropriations for the ici, Nickles, Craig, Campbell, Thomas, Grassley, Departments of Veterans Affairs and Housing and Lott, Bingaman, Dorgan, Graham (FL), Wyden, Urban Development, and for sundry independent Johnson, and Baucus. Page S11109 agencies, boards, commissions, corporations, and of- fices for the fiscal year ending September 30, 2004; Nominations Confirmed: Senate confirmed the fol- An original bill (S. 1583) making appropriations lowing nomination: for the government of the District of Columbia and By 94 yeas 1 nay (Vote No. Ex. 327), Steven M. other activities chargeable in whole or in part Colloton, of Iowa, to be United States Circuit Judge against the revenues of said District for the fiscal for the Eighth Circuit. Pages S11095–96 year ending September 30, 2004; and Nominations Received: Senate received the fol- An original bill making appropriations for the lowing nominations: Department of Transportation and related agencies, Routine lists in the Air Force, Army, Marine Department of the Treasury, the United States Postal Corps. Pages S11125–31 Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year end- Nominations Withdrawn: Senate received notifica- ing September 30, 2004. tion of withdrawal of the following nominations: Miguel A. Estrada, of Virginia, to be United TANKER AIRCRAFT States Circuit Judge for the District of Columbia Committee on Armed Services: Committee concluded Circuit, which was sent to the Senate on January 7, hearings to examine the proposed lease of 100 2003. KC–767 aerial refueling tanker aircraft by the U.S. Kerry N. Weems, of Virginia, to be an Assistant Air Force, after receiving testimony from James G. Secretary of Health and Human Services, which was Roche, Secretary of the Air Force; Michael W. sent to the Senate on July 22, 2003. Page S11132 Wynne, Acting Under Secretary of Defense for Ac- Messages From the House: Page S11115 quisition, Technology, and Logistics; Joel Kaplan, Deputy Director, Office of Management and Budget; Measures Referred: Page S11115 Neal P. Curtin, Director, Defense Capabilities and Executive Communications: Pages S11115–17 Management, General Accounting Office; Robert

VerDate jul 14 2003 07:11 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D04SE3.REC D04SE3 September 4, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D949 Sunshine, Assistant Director for Budget Analysis, ics, Gainesville; and Philip Peters, Lexington Insti- Congressional Budget Office; and J. Richard Nelson, tute, Arlington, Virginia. Assistant Director, Cost Analysis and Research Divi- BUSINESS MEETING sion, Institute for Defense Analyses. Committee on the Judiciary: Committee ordered favor- NEW KIND OF SCIENCE ably reported the following business items: Committee on Commerce, Science, and Transportation: Sub- S.J. Res. 1, proposing an amendment to the Con- committee on Science, Technology and Space con- stitution of the United States to protect the rights cluded hearings to examine certain scientific and of crime victims; and technical implications of a new kind of science rel- The nominations of Larry Alan Burns, to be ative to the exploration of the computational world, United States District Judge for the Southern Dis- after receiving testimony from Stephen Wolfram, trict of California, Glen E. Conrad, to be United Wolfram Research Inc., Champaign, Illinois, author States District Judge for the Western District of of A New Kind of Science. Virginia, Henry F. Floyd, to be United States Dis- trict Judge for the District of South Carolina, Kim DOE POLYGRAPH PROGRAM R. Gibson, to be United States District Judge for Committee on Energy and Natural Resources: the Western District of Pennsylvania, Michael W. Committee Mosman, to be United States District Judge for the concluded hearings to examine the Department of District of Oregon, and Dana Makoto Sabraw, to be Energy’s current efforts and intentions regarding a United States District Judge for the Southern Dis- new polygraph examination policy, after receiving trict of California. testimony from Kyle E. McSlarrow, Deputy Secretary of Energy; and Stephen E. Fienberg, Carnegie Mellon DEFENSE OF MARRIAGE ACT University, Pittsburgh, Pennsylvania, on behalf of Committee on the Judiciary: Subcommittee on the Con- the National Research Council Committee to Review stitution, Civil Rights, and Property Rights con- the Scientific Evidence on the Polygraph. cluded hearings to examine what is needed to defend the bipartisan Defense of Marriage Act of 1996 U.S-CUBAN ECONOMIC RELATIONS (DOMA), focusing on marriage issues including fam- Committee on Finance: Committee concluded hearings ily structure, legal trends and direct challenges to to examine economic relations between the United the constitutionality of DOMA, the Constitution’s States and Cuba, focusing on the embargo, travel, Full Faith and Credit Clause, and federalism, after trade and investment, agricultural sales, communica- receiving testimony from Reverend Ray Hammond, tions, small enterprise, terrorism, and human rights, Bethel African Methodist Episcopal Church, Boston, after receiving testimony from Alan P. Larson, Massachusetts; Maggie Gallagher, Institute for Mar- Under Secretary of State for Economic, Business and riage and Public Policy, New York, New York; Agricultural Affairs; Grant D. Aldonas, Under Sec- Gregory S. Coleman, Weil, Gotshal, and Manges, retary of Commerce for International Trade; Dennis Austin, Texas, former Texas State Solicitor General; K. Hays, Cuban American National Foundation, Michael P. Farris, Patrick Henry College, Wayne S. Smith, Center for International Policy, Purcellville, Virginia; Dale Carpenter, University of Mark Falcoff, American Enterprise Institute for Pub- Minnesota Law School, Minneapolis; and Keith A. lic Policy Research, Tom Malinowski, Human Bradkowski, San Francisco, California. Rights Watch, and William A. Reinsch, on behalf of the National Foreign Trade Council and INTELLIGENCE USA*Engage, all of Washington, D.C.; Richard Select Committee on Intelligence: Committee held closed Owen, Cenex Harvest States Cooperatives, Geraldine, hearings on intelligence matters, receiving testimony Montana; William A. Messina, Jr., University of from officials of the intelligence community. Florida Department of Food and Resource Econom- Committee recessed subject to call.

VerDate jul 14 2003 07:11 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D04SE3.REC D04SE3 D950 CONGRESSIONAL RECORD — DAILY DIGEST September 4, 2003 House of Representatives Lewis amendment that increases funding for the Chamber Action Office of Intelligence and Security; Page H7878 Measures Introduced: 17 public bills, H.R. LoBiondo amendment, No. 12 printed in the 2999–3015; and 4 resolutions, H. Con. Res. Congressional Record of September 3, that increases 271–273 and H. Res. 355, were introduced. funding for the FAA’s facilities and equipment pro- Pages H7948–49 gram; Pages H7878–79 Additional Cosponsors: Pages H7949–50 Petri amendment to strike section 114 of the bill Reports Filed: Reports were filed as follows: that eliminates funding for the Transportation En- H.R. 2040, to amend the Irrigation Project Con- hancements Program (agreed to by a recorded vote tract Extension Act of 1998 to extend certain con- of 327 ayes to 90 noes, Roll No. 469); tracts between the Bureau of Reclamation and cer- Pages H7870–78, H7891 tain irrigation water contractors in the States of Wy- Hooley amendment, No. 9 printed in the Con- oming and Nebraska (H. Rept. 108–259); gressional Record of September 3, that increases H.R. 2655, to amend and extend the Irish Peace funding for the Secretary of Transportation to con- Process Cultural and Training Program Act of 1998 duct a study on driver’s license security against iden- (H. Rept. 108–260, Pt. 1); tity theft (agreed to by a recorded vote of 213 ayes H.R. 1813, to amend the Torture Victims Relief to 203 noes, Roll No. 472); and Pages H7885, H7893 Act of 1998 to authorize appropriations to provide Farr amendment expressing the sense of Congress assistance for domestic and foreign centers and pro- with respect to locality pay. Page H7920 grams for the treatment of victims of torture (H. Rejected: Rept. 108–261, Pt. 1); Tancredo amendment, No. 25 printed in the Con- H.J. Res. 63, to approve the ‘‘Compact of Free gressional Record of September 3, that would have Association, as amended between the Government of increased funding for the Federal-Aid Highway pro- the United States of America and the Government gram and reduced funding for Amtrak (rejected by of the Federated States of Micronesia,’’ and the a recorded vote of 90 ayes to 322 noes, Roll No. ‘‘Compact of Free Association, as amended between 470); Pages H7869–82, H7891–92 the Government of the United States of America and Hastings of Florida amendment, No. 4 printed in the Government of the Republic of the Marshall Is- the Congressional Record of September 3, that lands,’’ and otherwise to amend Public Law 99–239, would have increased funding for election reform and to appropriate for the purposes of amended Pub- grants to states (rejected by a recorded vote of 186 lic Law 99–239 for fiscal years ending on or before ayes to 228 noes, Roll No. 471); September 30, 2023, amended (H. Rept. 108–262, Pages H7882–83, H7892–93 Pt. 1); and Kennedy of Minnesota amendment that would H.R. 2622, to amend the Fair Credit Reporting have increased funding for the Tax Counseling for Act, to prevent identity theft, improve resolution of the Elderly program, the Office of Foreign Assets consumer disputes, improve the accuracy of con- Control, and for the Office of National Drug Control sumer records, make improvements in the use of, Policy (rejected by a recorded vote of 89 yeas to 325 and consumer access to, credit information, amend- nays, Roll No. 473); Pages H7885–87, H7893–94 ed, (H. Rept. 108–263). Pages H7947–48 Jackson-Lee amendment that strikes section 163 Transportation, Treasury, and Independent concerning the prohibition of funds to be used for Agencies Appropriations: The House completed a light rail system in Houston (rejected by a re- general debate and began consideration of amend- corded vote of 188 ayes to 222 noes, Roll No. 474; ments for H.R. 2989, making appropriations for the and Pages H7894–99, H7921 Departments of Transportation and Treasury, and Cooper amendment to increase funding for the independent agencies for the fiscal year ending Sep- Earned Income Tax Credit and for other IRS compli- tember 30, 2004. Consideration will resume on ance initiatives (by a recorded vote of 192 ayes to Tuesday, September 9. Pages H7851–H7922 219 noes, Roll No. 475). Pages H7913–18, H7921–22 Agreed to: Withdrawn: Istook amendment that decreases the amount that Hoyer amendment, that was offered and subse- the FAA can take from the Airport and Airway quently withdrawn, that would have increased fund- Trust Fund for FAA general operating costs; ing for the Office of the Secretary of Transportation; Pages H7868–69 Pages H7869–70

VerDate jul 14 2003 07:11 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D04SE3.REC D04SE3 September 4, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D951 Quinn amendment, No 16 printed in the Con- Provision under the section dealing with funding gressional Record of September 3, that was offered for formula grants for the Federal Transit Adminis- and subsequently withdrawn, that would have in- tration under section 49 of the U.S. Code; creased funding for Amtrak and reduced funds for all Page H7868 Treasury Department programs by 4%; Section under the Federal Transit Administration Pages H7883–84 dealing with Transit Planning and Research; Holt amendment that was offered and subse- Page H7868 quently withdrawn, that would have increased fund- The words ‘‘Notwithstanding any other provision ing for the use of alternative multi-passenger vehi- of law’’ at the beginning of the section under the cles in Yellowstone National Park; and Federal Transit Administration dealing with Trust Pages H7887–88 Fund Share of Expenses; Page H7868 Kaptur amendment that was offered and subse- The words ‘‘Notwithstanding section 3037(1)(3) quently withdrawn, that would have preserved fund- of Public Law 105–178’’; at the beginning of the ing for the Help America Vote Act. Pages H7919–20 section dealing with Job Access and Reverse Com- Point of order sustained against: mute Grants; Page H7894 The section under Federal Aviation Administra- Waters amendment, No. 26 printed in the Con- tion dealing with Payments to Air Carriers; gressional Record of September 3, that would have Page H7867 ordered a review by the Secretary of Homeland Secu- The section of Title I concerning Grants-In-Aid rity of the proposed construction of a remote pas- for Airports; Page H7867 senger check-in facility at Los Angeles International Section 105 dealing with the authority of the Airport; Page H7879 FAA Administrator to accept and use funds for cer- Olver amendment that would have increased fund- tain airport projects; Page H7867 ing for Amtrak; Pages H7888–91 The section on Federal-Aid Highways that re- Section 164 concerning the Buy America Act; scinds funding under certain sections of the Building Pages H7912–13 Efficient Surface Transportation and Equity Act of Section 212 concerning Prohibition on Contracts 1997; Page H7867 with Corporate Expatriates; Page H7913 Section 110 dealing with general provisions of the Section 621 concerning the Buy America Act; and Federal Highway Administration; Page H7867 Page H7913 Section 111 concerning the Secretary of Transpor- The words ‘‘Notwithstanding any other provision tation’s authority to transfer certain funds; of law’’ at the beginning of section 631 and the pro- Page H7867 hibition on acquiring foreign products under the Provisions of Sec. 118 stating that the Secretary of Trade Agreements Act of 1979. Page H7913 Transportation’s authority to revise a loan agreement Agreed to the unanimous consent request made by shall be allowed under certain sections of the U.S. Representative Istook to limit the amendments of- Code; Pages H7867–68 fered to the bill. Pages H7899–H7900 The words ‘‘Notwithstanding any other provision H. Res. 351, the rule that is providing for consid- of law’’ at the beginning of the section dealing with eration of the bill was agreed to by a recorded vote the National Motor Carrier Safety Program; of 235 ayes to 178 noes, Roll No. 464. Earlier Page H7868 agreed to order the previous question by a yea-and- The section of the National Motor Carrier Safety nay vote of 240 yeas to 173 nays, Roll No. 463 and Program concerning the funding of the Border En- to table a motion to reconsider the vote on adoption forcement Program’s Highway Trust Fund; of the rule by a recorded vote of 205 ayes to 180 Page H7868 noes, Roll No. 465. Pages H7845–51 Section 130 concerning the Federal Motor Carrier Motions to Rise: The House rejected a motion by Safety Administration; Page H7868 Representative Obey that the Committee rise by a The words ‘‘Notwithstanding any other provision recorded vote of 100 ayes to 298 noes, Roll No. of law’’ at the beginning of the section dealing with 466, and later rejected another motion offered by funding for Highway Traffic Safety Grants; Representative Obey that the Committee rise by a Page H7868 recorded vote of 89 ayes to 302 noes with one vot- The provision of Section 140 concerning programs ing ‘‘present’’, Roll No. 467. Rejected a third such to increase the use of seat belts and the effectiveness motion by a recorded vote of 87 ayes to 305 noes, of alcohol-impaired driving programs; Page H7868 with one voting ‘‘present’’, Roll No. 468. Pages H7853, H7855, H7856–57

VerDate jul 14 2003 07:11 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D04SE3.REC D04SE3 D952 CONGRESSIONAL RECORD — DAILY DIGEST September 4, 2003 Tax Relief, Simplification, and Equity Act Mo- GAO; and Steven A. Kandarian, Executive Director, tions to Instruct Conferees: Representative Pension Benefit Guaranty Corporation. Ruppersberger announced his intention to offer a ‘‘BLACKOUT 2003: HOW DID IT HAPPEN motion to instruct conferees on H.R. 1308, Tax Re- AND WHY’’ lief, Simplification, and Equity Act. The House de- bated Representative Cooper’s motion, noted on Sep- Committee on Energy and Commerce: Concluded hearings tember 3, to instruct conferees on H.R. 1308. Fur- entitled ‘‘Blackout 2003: How Did It Happen and ther proceedings on the Cooper motion will be post- Why?’’ Testimony was heard from William J. poned until Friday, September 3. Museler, President and CEO, Independent System Page H7922, H7930–36 Operator, New York; James P. Torgerson, President and CEO, Independent System Operator, Midwest; Energy Policy Act of 2003: The House agreed to David Goulding, CEO, The Independent Market Representative Tauzin’s motion for unanimous con- Operator of Ontario, Canada; Gordon van Welie, sent to disagree with the Senate amendment to H.R. CEO, Independent System Operator, New England; 6. Subsequently, Representative Dingell offered a and public witnesses. motion to instruct conferees on H.R. 6 to resolve by September 12, 2003, the differences between the GOVERNMENT ACCOUNTABILITY House and Senate regarding the electric reliability Committee on International Relations: Held a hearing on provisions contained in the House bill (section Government Accountability: Efforts to Identify and 16031 of the House bill) and the corresponding pro- Eliminate Waste and Mismanagement. Testimony visions contained in the Senate amendment (section was heard from the following officials of the Depart- 206 of the Senate amendment), and the motion was ment of State: Christopher Burnham, Assistant Sec- debated. Further proceedings on the motion will be retary, Resource Management and Chief Financial postponed until Friday, September 5. Pages H7922–30 Officer, Bureau of Resource Management; Anne M. Senate Messages: Message received from the Senate Sigmund, Acting Inspector General; John Marshall, today appears on page H7899. Assistant Administrator, Management and Chief In- Amendments: Amendments ordered printed pursu- formation Officer and Everett Mosley, Inspector ant to the rule appear on page H7950. General, both with AID; and Jess Ford, Director, Bureau of International Affairs and Trade, GAO. Adjournment: The House met at 10 a.m. and ad- journed at 11:52 p.m. OVERSIGHT—COLLEGE ATHLETIC CONFERENCES AND ANTITRUST ASPECTS OF BOWL CHAMPIONSHIP SERIES Committee Meetings Committee on the Judiciary: Held an oversight hearing INFORMATION ANALYSIS AND on ‘‘Competition in College Athletic Conferences INFRASTRUCTURE PROTECTION and Antitrust Aspects of the Bowl Championship Se- ries.’’ Testimony was heard from Scott Cowen, Committee on Appropriations: Subcommittee on Home- Chairman, Presidential Coalition for Athletics Re- land Security held a hearing on Information Analysis form; and public witnesses. and Infrastructure Protection. Testimony was heard from Frank Libutti, Under Secretary, Information OVERSIGHT—INTERNET DOMAIN NAME Analysis and Infrastructure Protection, Department FRAUD of Homeland Security. Committee on the Judiciary: Subcommittee on Courts, BUDGET AND ECONOMIC OUTLOOK the Internet, and Intellectual Property held an over- UPDATE sight hearing on ‘‘Internet Domain Name Fraud— the U.S. Government’s Role in Ensuring Public Ac- Committee on the Budget: Held a hearing on Update of cess to Accurate Whois Data.’’ Testimony was heard the Budget and Economic Outlook. Testimony was from James E. Farnan, Deputy Assistant Director, heard from Douglas J. Holtz-Eakin, Director, CBO. Cyber Crime Division, FBI, Department of Justice; STRENGTHENING PENSION SECURITY Theodore W. Kassinger, General Counsel, Depart- AND DEFINED BENEFIT PLANS ment of Commerce; and public witnesses. Committee on Education and the Workforce: Held a hear- COMPACT OF FREE ASSOCIATION ing on ‘‘Strengthening Pension Security and Defined AMENDMENTS ACT Benefit Plans: Examining the Financial Health of the Committee on Resources: Ordered reported, as amended, Pension Benefit Guaranty Corporation.’’ Testimony H.J. Res. 63, Compact of Free Association Amend- was heard from David Walker, Comptroller General, ments Act of 2003.

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COLUMBIA ACCIDENT INVESTIGATION in executive session to receive a briefing on Recent BOARD REPORT Counterterrorism Success: Hambali. The Sub- Committee on Science: Held a hearing on ‘‘The Colum- committee was briefed by departmental witnesses. bia Accident Investigation Board Report.’’ Testi- mony was heard from Admiral Harold W. Gehman, POWER BLACKOUTS IMPLICATIONS— Jr., USN (Ret.), Chairman, Columbia Accident In- NATION’S CYBERSECURITY AND CRITICAL vestigation Board. INFRASTRUCTURE PROTECTION ECONOMIC GROWTH—RURAL ECONOMY Select Committee on Homeland Security: Subcommittee Committee on Small Business: Held a hearing to discuss on Cybersecurity, Science, and Research and Devel- attracting economic growth for the rural economy opment and the Subcommittee on Infrastructure and and whether the federal government is adequately Border Security held a joint hearing entitled ‘‘Impli- supporting a policy of growth in the rural portions cations of Power Blackouts for the Nation’s of the country. Testimony was heard from Thomas Cybersecurity and Critical Infrastructure Protection: C. Dorr, Under Secretary, Rural Development, The Electric Grid, Critical Interdependencies, USDA; David A. Sampson, Assistant Secretary, Eco- Vulnerabilities, and Readiness.’’ Testimony was nomic Development, Economic Development Ad- heard from Cofer Black, Coordinator, Counterterror- ministration, Department of Commerce; Bernard L. ism, Department of State; Larry A. Mefford, Execu- Ungar, Director, Physical Infrastructure Issues, tive Assistant Director, Counterterrorism, FBI, De- GAO; Mark R. Drabenscott, Vice President and Di- partment of Justice; and public witnesses. rector, Center for the Study of Rural America, Fed- Hearings continue September 17. eral Reserve Bank of Kansas City, Federal Reserve System; and a public witness. f COMMITTEE BUSINESS COMMITTEE MEETINGS FOR FRIDAY, Permanent Select Committee on Intelligence: Met in execu- SEPTEMBER 5, 2003 tive session to consider pending business. (Committee meetings are open unless otherwise indicated) BRIEFING—GLOBAL INTELLIGENCE UPDATE Senate Permanent Select Committee on Intelligence: Sub- No meetings/hearings scheduled. committee on Intelligence Policy and National Secu- House rity met in executive session to receive a briefing on Global Intelligence Update. The Subcommittee was No committee meetings are scheduled. briefed by departmental witnesses. Joint Meetings BRIEFING—RECENT COUNTERTERRORISM SUCCESS: HAMBALI Joint Economic Committee: to hold hearings to examine the employment situation for August, 9:30 a.m., Permanent Select Committee on Intelligence: Sub- SD–628. committee on Terrorism and Homeland Security met

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:15 a.m., Friday, September 5 9 a.m., Friday, September 5

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Friday: of H.R. 2660, making appropriations for the Depart- Further proceedings on Dingell motion to instruct con- ments of Labor, Health and Human Services, and Edu- ferees on H.R. 6. cation, and related agencies for the fiscal year ending Sep- Further proceedings on Cooper motion to instruct con- tember 30, 2004, with a vote to occur at 9:30 a.m. on ferees on H.R. 1308. Clinton Amendment No. 1565 (to Amendment No. Consideration of H.R. 2765, District of Columbia Ap- 1542), followed by a vote on Harkin Amendment No. propriations Act for Fiscal Year 2004 (unanimous consent 1575 (to Amendment No. 1542). agreement).

Extensions of Remarks, as inserted in this issue

HOUSE Foley, Mark, Fla., E1688, E1691 Meek, Kendrick B., Fla., E1679 Frank, Barney, Mass., E1688, E1693 Miller, George, Calif., E1685 Brown-Waite, Ginny, Fla., E1686, E1686, E1687, E1687, Franks, Trent, Ariz., E1692 Nunes, Devin, Calif., E1687, E1689 E1688, E1689, E1689, E1690, E1691 Green, Gene, Tex., E1693 Obey, David R., Wisc., E1683 Calvert, Ken, Calif., E1686, E1688 Hart, Melissa A., Pa., E1688 Pallone, Frank, Jr., N.J., E1687, E1690 Capps, Lois, Calif., E1683 Hastings, Alcee L., Fla., E1681 Pastor, Ed, Ariz., E1694 Cardin, Benjamin L., Md., E1686 Hinchey, Maurice D., N.Y., E1691, E1693, E1694 Castle, Michael N., Del., E1690 Hooley, Darlene, Ore., E1692 Pitts, Joseph R., Pa., E1680 Conyers, John, Jr., Mich., E1692 Hoyer, Steny H., Md., E1679 Skelton, Ike, Mo., E1693 Crane, Philip M., Ill., E1685 Kildee, Dale E., Mich., E1689 Smith, Nick, Mich., E1682 DeFazio, Peter A., Ore., E1690 Lowey, Nita M., N.Y., E1682 Weldon, Curt, Pa., E1685 Dreier, David, Calif., E1694 McIntyre, Mike, N.C., E1691, E1692 Young, C.W. Bill, Fla., E1679

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