Congressional Record—Senate S11795
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November 20, 2004 CONGRESSIONAL RECORD — SENATE S11795 Mrs. BOXER. I do, and I thank my Chairman HOEKSTRA, who has been tion 222, which invades the privacy colleague from California for her work leading the conference committee. rights of taxpayers, I would like to on this issue. What these House Republican con- point out an important lesson in all of Mr. DOMENICI. I likewise share this ferees have done is a slap in the face of this. understanding of how the bill should be the Senate, the bipartisan 9/11 Commis- The lesson is that tax measures implemented. sion, and the 9/11 families who have should be left to the tax writing com- Mr. BINGAMAN. I agree as well. worked so hard to make something mittees. Only the Finance Committee Mrs. FEINSTEIN. I thank my col- positive happen in the wake of a hor- and the Ways and Means Committee leagues. rific national tragedy. have the jurisdiction and the technical New Jersey lost 700 of its citizens on f expertise to write our Nation’s tax 9/11; I have to wonder if these House laws. And tax laws are technical. As GILA RIVER WATER SETTLEMENT Republican conferees would be behav- Section 222 in this bill shows, one had Mr. KYL. Mr. President, with Con- ing differently if they went through better know what they are doing when gress having passed S 437, I make a what we in New Jersey went through. they write a tax provision. They had commitment to the San Carlos Apache I have been in the U.S. Senate for 20 better understand the history of the Tribe to work next year to help attain years now. I have been involved in my measure and all of its ramifications. In and have enacted a fair Gila River share of conference committees. In all the Finance Committee, we use great water settlement for the tribe. those years, I don’t believe I have ever care in drafting our tax provisions, and The Gila River runs through the seen a little cabal of Members act more we do it in an open manner. All mem- tribe’s reservation. San Carlos Res- unreasonably. These House Republican bers can see what we are doing and ervoir is located within their reserva- conferees have killed a bill that 16 of 21 have a chance to understand why we tion. The tribe deserves a fair settle- conferees have voted for. Talk about are doing it, and to comment on it. But obstructionism. ment of its water rights claims to that frequently the Finance Committee has The fact of the matter is that the river and I want my colleagues and to go through a rite of scrubbing appro- conference report we were poised to priations bills to remove poorly con- others to know that I am absolutely adopt today is a far cry from the 9/11 committed to achieving that. ceived and poorly drafted tax provi- Commission recommendations and the sions that try to sneak in at the dark I had hoped to have been able to bill the Senate passed so overwhelm- bring to the Senate legislation that of night. It is not just appropriations ingly. But there is enough in the con- bill where this occurs. It happens on would include a Gila River water set- ference report to merit going forward. tlement for this tribe. Unfortunately, many other bills as well. Often, these It creates a National Director of Intel- provisions have been rejected by the we were unable to do that. The tribe is ligence with real budget authority; it working toward a settlement with a Finance Committees as bad policy, creates a National Counter-Terrorism only to turn up in an unseen attack on number of groups that use the Gila Center; it bolsters border and transpor- our committee’s jurisdiction. As the River. I hope that the tribe, the United tation security. And it has some provi- bill shows tonight, it is not necessarily States, and the local non-Indian water sions to safeguard our civil liberties. Members that do this. It is sometimes users will be able to settle the tribe’s It is time for truth-telling here. staff who add an idea. This allows staff water rights claims in the coming year. House Republicans and the Bush ad- to bypass the scrutiny of the entire Fi- In connection with that effort, I want ministration have been opposed to this nance Committee; 21 senior Members of to send a strong message to the settle- bill from the start. And now they have the Senate are deprived of their right ment negotiators: I expect everyone to gotten their way. to pass judgment on a tax measure. Let negotiate in good-faith toward a fair I think it is incumbent for the Presi- me give some examples of what we dent and for the House Republican con- settlement. have had to fend off lately. Last week, I encourage all parties, including the ferees who have killed this bill to sit down in person with the 9/11 families, we had to defeat an appropriations pro- San Carlos Apaches, to engage ear- posal that would have cut off funding nestly and vigorously to complete a look them in the eye, and tell them that the status quo—that doing noth- for Federal agencies that help the IRS Gila River water settlement as soon as obtain information about Americans possible. I will then work with both the ing—is better than passing a bill so many people worked so long and hard investing in foreign countries. Senators from New Mexico and my That measure would have undercut Senate colleagues to see that such an to get. We are told that we won’t adjourn U.S. tax law enforcement and damaged agreement is ratified through legisla- our initiatives to combat tax shelters. tion next year. sine die today; that we will come back on December 6 to give the conferees It would have damaged our inter- f more time to reach an agreement. national competitiveness and under- INTELLIGENCE REFORM The House Republican conferees are mined our Nation’s efforts to combat money-laundering and terrorist financ- Mr. LAUTENBERG. Mr. President, absolutely intransigent. It is hard for me to believe that we will be any more ing. earlier today, we were led to believe I am confident that the proponents of that we had an agreement with House successful in the next few weeks than we have been in the past several weeks. this measure never knew about its conferees to pass a bill that will reform broader ramifications. But that is what our intelligence community and make I hope I am wrong, but given the Presi- dent’s complete lack of leadership on happens when tax proposals evade the America safer from the threat of ter- this matter, it is hard for me to be op- scrutiny of the Finance Committee. rorism. Now we find out that House Re- timistic. Here is another example. Recently, publicans have killed the bill. I have to say I think what has hap- the Armed Services Committee sought This morning, I was one of 11 Senate pened is totally contrary to the prin- to create a charity for assisting serv- conferees—6 Republicans, 5 Demo- ciples of our democracy, as we turn the icemen and their families. On its face, crats—who signed the conference re- power of the people over to a couple of this is certainly a good cause that we port to the Intelligence Reform bill. bullies who refused to accept a vir- can all support.Unfortunately, the Remember: the conference report is tually unanimous vote of the U.S. Sen- statutory language drafted by the to a bill the Senate passed 96–2. The ate, the recommendations of the 9/11 Armed Services Committee had very bill the Senate passed, in turn, was Commission, and the will of the largest serious flaws and was unworkable based on the recommendations of a share of the American people as ex- under the Tax Code. It was only after unanimous 9/11 Commission—5 Repub- pressed by their elected significant time and energy by the Fi- licans, 5 Democrats. representatives. nance Committee, exerted after the Now, we find out that House Repub- f fact, that we fixed something that lican conferees have rejected the con- shouldn’t have been broken in the first ference report. They have snatched de- TAX ISSUES OUTSIDE THE place. If Members will learn to work feat from the jaws of victory. FINANCE COMMITTEE with the Finance Committee, instead From what I gather, the problem is Mr. GRASSLEY. Mr. President, as I of bypassing it, we can usually achieve not with House Intelligence Committee listen to the debate tonight about Sec- the results they seek. VerDate Aug 04 2004 03:52 Nov 22, 2004 Jkt 039060 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.161 S20PT1 S11796 CONGRESSIONAL RECORD — SENATE November 20, 2004 Here is an example. The House Ap- rors and omissions of the mainstream people are deciding for themselves propriations Committee tried to ex- press, buying ads to publicize serious what it all means. For this new cov- pand the definition of census areas for errors and buying stock in media com- erage we can thank the Fox News chan- determining eligibility for a certain panies to enable Accuracy in Media nel, and the countless talk show hosts, tax program. This provision was not representatives to attend their annual magazines, Internet sites, and organi- agreed to by the Senate Appropriators.