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

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

Vol. 150 WASHINGTON, WEDNESDAY, MARCH 31, 2004 No. 43 House of Representatives The House met at 10 a.m. and was struggles and confusion so that Your ize appropriations for the Coast Guard called to order by the Speaker pro tem- purposes on Earth may be accom- for fiscal year 2004, to amend various pore (Mr. LAHOOD). plished. Guide, we pray, each of these laws administered by the Coast Guard, f Representatives to perceive what is and for other purposes,’’ requests a right and grant each one both the cour- conference with the House on the dis- DESIGNATION OF THE SPEAKER age to pursue it and the grace to ac- agreeing votes of the two Houses there- PRO TEMPORE complish it. on, and appoints from the Committee The SPEAKER pro tempore laid be- We now commend this body and this on Commerce, Science, and Transpor- fore the House the following commu- Nation into Your merciful care, O tation: Mr. MCCAIN, Mr. STEVENS, Mr. nication from the Speaker: Lord, that being guided by Your provi- LOTT Mrs. HUTCHISON Ms. SNOWE, Mr. WASHINGTON, DC, dence we may dwell secure in Your HOLLINGS, Mr. INOUYE, Mr. BREAUX, and March 31, 2004. peace and live to Your honor and glory. Mr. WYDEN, and from the Committee I hereby appoint the Honorable RAY Amen. on Environment and Public Works: Mr. LAHOOD to act as Speaker pro tempore on f INHOFE, and Mr. JEFFORDS; to be the this day. conferees on the part of the Senate. J. DENNIS HASTERT, THE JOURNAL The message also announced that Speaker of the House of Representatives. The SPEAKER pro tempore. The pursuant to title VI, section 637 of Pub- f Chair has examined the Journal of the lic Law 108–199, the Chair, on behalf of PRAYER last day’s proceedings and announces the Majority Leader, appoints the fol- to the House his approval thereof. lowing individual to serve as a member The Reverend Cindy Baskin, Pastor, Pursuant to clause 1, rule I, the Jour- of the Helping to Enhance the Liveli- St. James Episcopal Church, Potomac, nal stands approved. hood of People (HELP) Around the Maryland, offered the following prayer: f Globe Commission: Almighty and everliving God: Michael A. Ledeen of Maryland. You are the source of all wisdom and PLEDGE OF ALLEGIANCE The message also announced that understanding, the source of all justice The SPEAKER pro tempore. Will the pursuant to Public Law 108–199, the and righteousness. By Your gracious gentlewoman from Michigan (Mrs. MIL- Chair, on behalf of the Democratic will, You have instituted governing LER) come forward and lead the House Leader, appoints the following indi- bodies on Earth and granted them au- in the Pledge of Allegiance. vidual to serve as a member of the thority to rule. Mrs. MILLER of Michigan led the Helping to Enhance the Livelihood of We therefore beseech You, as this Pledge of Allegiance as follows: People (HELP) Around the Globe Com- legislative body gathers this day, to I pledge allegiance to the Flag of the mission: guide and direct these elected rep- United States of America, and to the Repub- Eric G. Postel of Wisconsin. resentatives, enable them to seek first lic for which it stands, one nation under God, The message also announced that Your honor and glory in all their delib- indivisible, with liberty and justice for all. pursuant to section 104(c)(1)(A) of Pub- erations. Keep them ever-mindful of f lic Law 108–199, the Chair, on behalf of their calling to serve this Nation. MESSAGE FROM THE SENATE the Majority Leader, appoints the fol- Guide them in the ways of righteous- lowing individual to serve as a member ness, that they may enact such laws for A message from the Senate by Mr. of the Abraham Lincoln Study Abroad the welfare of our country, as shall Monahan, one of its clerks, announced Fellowship Program: please You. that the Senate has passed with William E. Troutt of Tennessee. Help each one, as they struggle for amendments in which the concurrence justice and truth, to confront one an- of the House is requested, a bill of the f other without hostility or bitterness. House of the following title: WELCOMING THE REVEREND Foster among them a spirit of mutual H.R. 2443. An act to authorize appropria- forbearance and respect. Take away tions for the Coast Guard for fiscal year 2004, CINDY BASKIN any arrogance, anger, or self-interest, to amend various laws administered by the (Mr. VAN HOLLEN asked and was which infecting human hearts creates Coast Guard, and for other purposes. given permission to address the House unnecessary divisions. Break down all The message also announced that the for 1 minute.) walls that separate and empower this Senate insists upon its amendments to Mr. VAN HOLLEN. Mr. Speaker, I House to work together through any the bill (H.R. 2443) ‘‘An Act to author- am very pleased to welcome here today

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 mar 24 2004 03:39 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.000 H31PT1 H1744 CONGRESSIONAL RECORD — HOUSE March 31, 2004 Reverend Cindy Baskin from my con- ented union organizer and human CELEBRATING THE 87TH ANNIVER- gressional district, and I want to thank rights advocate, Cesar E. Chavez. SARY OF THE TRANSFER OF her for delivering a beautiful prayer. Born on March 31, 1927, to a farming SOVEREIGNTY OF VIRGIN IS- Today, March 31, is the last day of family in Yuma, Arizona, Chavez LANDS FROM DENMARK TO U.S. Women’s History Month; and I think it learned early that life is filled with (Mrs. CHRISTENSEN asked and was is especially fitting that we end this challenges, particularly for those who given permission to address the House month with a prayer from a woman work the fruit and vegetable fields of for 1 minute.) guest chaplain. I also want to note that this great country. Mrs. CHRISTENSEN. Mr. Speaker, I our House attending physician, Dr. Those fields nurtured Chavez’s desire rise today as my beloved U.S. Virgin John Eisold, is a member of Reverend to create a farm workers union, which Islands celebrates the 87th anniversary Baskin’s congregation; and I thank we know today as the UFW. of the transfer of sovereignty from him for suggesting that Reverend Cesar Chavez brought dignity and re- Denmark to the United States of Baskin be here this morning for our spect to the farm workers and became America. opening prayer. an inspiration and a resource to other Let me read what members of Rev- On March 31, 1917, our American jour- people engaged in human rights strug- erend Baskin’s congregation have said ney began in earnest as we became an gles throughout the world. From 1965 about her: ‘‘Cindy serves with strong official part of the American family. to the 1980s, Chavez worked tirelessly leadership, inspired vision, and endless While that journey was predated by a to increase wages as well as public energy. She encourages us to use our friendship with the United States that awareness of the plight of migrant talents in service to the community, began during the Revolutionary War, workers. Chavez defended the rights of while ministering to the congregation we are told by our grandmothers that farm workers until his death on April as pastor, priest, and friend.’’ on that spring day long ago there were I thank Reverend Baskin for inspir- 23, 1993. tears of joy and sadness as they said ing us here this morning through her Chavez’s courage and perseverance good-bye to the old and welcomed the prayer and inspiring us to serve our continues to be a source of inspiration new. Nation, our community, and reach out for me and many others dedicated to Today, we are proud Americans serv- to others in the world. Thank you, Rev- the interests of America’s working ing in all of its wars, rejoicing at its erend Baskin for being here this morn- families. accomplishments, and working with ing and opening the House of Rep- Today, Chavez would have celebrated our brothers and sisters to meet its resentatives. his 77th birthday. I am proud to cele- challenges in health care, education, brate his life and his work. May his and social justice. f spirit and dedication continue to be an We have not forgotten, however, our DEMOCRACY DEMANDS FREEDOM inspiration to those engaged in human shared history of over 250 years with OF SPEECH AND FAIR MEDIA rights struggles throughout the world. Denmark as we welcome tourists seek- COVERAGE ing Caribbean roots, apprentice our (Mr. SMITH of Texas asked and was f children to learn of shared craftsman- given permission to address the House ship, and share the archival materials for 1 minute and to revise and extend PUNDITS WEARING POLITICAL we have in common. his remarks.) BLINDERS Mr. Speaker, the uniqueness of the Mr. SMITH of Texas. Mr. Speaker, all U.S. Virgin Islands can be found in its citizens should be aware that President (Mrs. MILLER of Michigan asked and relationship to many nations, as it has Bush really has two opponents in his was given permission to address the been a cultural crossroads for people reelection effort: the Democratic nomi- House for 1 minute.) the world over. nee and the national media. Mrs. MILLER of Michigan. Mr. Today, on March 31, 2004, we cele- Most of the national media minimize Speaker, there is no doubt that we are brate the roots of our diversity as we or ignore the good news for President in the midst of an election year. As a celebrate yet another Transfer Day. Bush, like last week’s CBS poll show- matter of fact, judging from the inten- f ing him ahead, and magnify every crit- sity of the campaign so far, one might icism. think that we are at the end of October LIFETIME SAVINGS ACCOUNTS That is no surprise. TV coverage of instead of the end of March. (Mr. SAM JOHNSON of Texas asked the President is mostly negative. News Part of the reason for this intensity and was given permission to address articles are often slanted, and three of is the news organizations who are cap- the House for 1 minute and to revise the largest newspapers in America tivated not by the issues at hand but and extend his remarks.) have not endorsed a Republican for by the horse race, who is ahead and Mr. SAM JOHNSON of Texas. Mr. President in 50 years. who is behind; and reporters and pun- Speaker, only in America is a penny A recent survey shows that over half dits are the ones calling the race. But, saved a penny taxed. Perhaps that is of the American people believe that clearly, some of these pundits are why we have single-digit savings rates ‘‘media stories and reports are often in- wearing political blinders, suggesting in this country. That is just wrong. accurate.’’ nothing less than partisan bias. Voters should insist on getting objec- To get America back on the road to In mid February, CBS News and The savings, today Senator CRAIG THOMAS tive news reports so they can make New York Times conducted a poll. good decisions. Democracy demands of Wyoming and I will introduce legis- That night, Dan Rather rather glee- lation to create lifetime savings ac- not only freedom of speech but also fair fully reported the results, that the media coverage. counts. Democratic nominee held a five-point In a lifetime savings account, people f lead over President Bush, on the CBS could save up to $5,000 a year free from CELEBRATING THE LIFE AND evening news. tax on interest earned. Money could be WORK OF CESAR E. CHAVEZ The next CBS News/New York Times spent for any reason, with no minimum (Ms. LINDA T. SA´ NCHEZ of Cali- poll was conducted and again Dan holding period. One could spend this fornia asked and was given permission Rather reported that the Democratic money for a new transmission, school, to address the House for 1 minute.) nominee had a one-point lead. kids’ braces, home improvements, Ms. LINDA T. SA´ NCHEZ of Cali- Two weeks after that, a third CBS rainy day, or any of their needs, wants, fornia. Mr. Speaker, our Nation’s his- poll showed President Bush leading the and dreams. You name it. The point is, tory is filled with heroes who, through Democratic nominee by three percent- people will not be taxed for saving. personal sacrifice and a strong com- age points, and what did Dan Rather I am honored to say that Deputy Sec- mitment to their cause, have left a report on this poll? Nothing. Not a retary of the Treasury Bodman will mark upon society. mention. join us at the press conference to share Today, I am proud to honor the life I would say that is not quite fair and the administration’s support of this and accomplishments of the late, tal- certainly not balanced. new proposal. We will be working as a

VerDate mar 24 2004 00:20 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.003 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1745 team to help get America saving again, minute and to revise and extend his re- MEDICARE DISCOUNT DRUG CARDS tax-free. marks.) (Mr. CHOCOLA asked and was given f Mr. SHIMKUS. Mr. Speaker, I rise permission to address the House for 1 today to bring attention to the current minute.) ELECTION OF MEMBER TO CER- status of manufacturing jobs in this TAIN STANDING COMMITTEES OF Mr. CHOCOLA. Mr. Speaker, during country. the next 3 months, Medicare bene- THE HOUSE Last week, there was an article in ficiaries will begin to see real savings the Boston Globe entitled, ‘‘What the Mr. MENENDEZ. Mr. Speaker, by di- on the cost of their prescription drugs Jobless Statistics Do Not Reveal,’’ rection of the Democratic Caucus, I with the help of voluntary Medicare- written by Paul E. Harrington and An- offer a privileged resolution (H. Res. approved discount drug cards. drew Sum. The article focused on the 590) and ask for its immediate consider- Starting in April, Medicare bene- debate of when job creation will begin ation. ficiaries will be notified by mail of and why there is a huge difference in The Clerk read the resolution, as fol- their discount card eligibility, discount the report of job growth between two lows: card offerings, and enrollment proce- surveys, the payroll survey and the H. RES. 590 dures. By June, all Medicare bene- Resolved, That the following named Mem- household survey. The payroll survey is the corporate ficiaries, except those who already ber be and is hereby elected to the following have Medicaid drug coverage, will be standing committees of the House of Rep- survey, which indicates a decreased loss of 620,000 jobs. However, the house- able to buy a card for about $30 and resentatives: take it to their local pharmacy and re- (1) COMMITTEE ON AGRICULTURE: Mr. Chan- hold survey says there is a 2.3 million dler (to rank immediately after Mr. Mar- increase in employment during this ceive 10 to 25 percent off of the regular shall). same period of time. Why the dis- cost of their drugs. (2) COMMITTEE ON INTERNATIONAL RELA- parity? People with incomes below 135 per- TIONS: Mr. Chandler. Well, the household survey counts cent of poverty who sign up for the The resolution was agreed to. self-employed and contractors. If you card will be eligible for an additional A motion to reconsider was laid on are self-employed like a farmer in my $600 of additional assistance per year to the table. district, you are not counted as being help further reduce the cost of their prescription drugs in 2004 and 2005. This f an employee under the payroll survey reports. The authors point out that the low-income assistance will benefit over ALLOWING REIMPORTATION OF disparity is due to the fact that it has 12,000 Indiana Hoosiers in my district, PRESCRIPTION DRUGS MEANS become so expensive to add new work- the second district of Indiana, and al- LOWER PRICES FOR AMERICANS ers to payroll due to high cost of most 200,000 Hoosiers statewide. (Mr. EMANUEL asked and was given health insurance, unemployment insur- Mr. Speaker, I applaud my colleagues permission to address the House for 1 ance, worker compensation, payroll who voted to support the bipartisan minute.) taxes, and it is easier and cheaper to Medicare bill and the creation of a dis- Mr. EMANUEL. Mr. Speaker, before hire and pay overtime. count drug card program that will re- the House voted on the Medicare bill, If we want to stem the loss of manu- duce the cost of prescriptions for our the public was told it would cost $400 facturing in the corporate sector, our seniors and provide additional relief to billion. Later, we found out that the legislative response is clear. We are low-income Medicare beneficiaries. administration knew all along it would going to have to address these issues of f cost $550 billion. high cost. HONORING CESAR CHAVEZ’S Congress was misled by an adminis- f tration that hid the numbers from the BIRTHDAY public and Members of Congress be- b 1015 (Ms. LOFGREN asked and was given cause of the perceived political benefits REAUTHORIZATION OF THE permission to address the House for 1 of the new law, saying that the end SURFACE TRANSPORTATION ACT minute and to revise and extend her re- would justify the means. (Mr. BLUMENAUER asked and was marks.) But according to today’s Chicago given permission to address the House Ms. LOFGREN. Mr. Speaker, today Tribune, ‘‘Instead of a political bo- for 1 minute.) on his birthday, we recognize the cou- nanza, the Medicare drug benefit is fast Mr. BLUMENAUER. Mr. Speaker, rageous leadership of Cesar Chavez, a becoming an albatross around the ad- this House over the next 2 days is going man who inspired hope, pride, and ministration’s neck. Not a single new to be debating the single most impor- strength and provided a voice for thou- benefit has gone to a senior citizen, tant environmental and jobs bill of the sands of farm workers across California and the taxpayers got stuck with an- session, the reauthorization of the Sur- and the entire country. other $150 billion bill. face Transportation Act. It is unfortu- My district encompasses San Jose, Now the administration wants to nate that we are not going to have the home to Cesar Chavez for many years. talk about the benefit that comes with opportunity to deal with a bill that is It is in San Jose that Chavez began to a discount card. With the way prescrip- right-sized for America’s needs. fulfill his dream of empowering farm tion drug costs have skyrocketed over The administration’s own Depart- workers to demand basic human rights the past several years, this discount ment of Transportation has concluded and protections from the abuses of card will not accomplish anything. It is that we need $375 billion to meet Amer- farm owners. like a sale at Nieman Marcus. They ica’s needs over the next 6 years; yet Chavez experienced employer abuses jack up the prices right before the sale. the administration has threatened to firsthand and saw it happen to thou- In 2001, drug costs increased by 16.9 use its first veto of any bill if we have sands of farm workers from childhood percent; in 2002, 18.4 percent; in 2003, a the temerity to approve anything over through his adult years. And it was he projected 19.5 percent, and going on to $256 billion, which will be a 10 percent who courageously organized his fellow another 15 percent. cut in transportation funding over the workers to believe in their own dignity Instead of depending on a flawed next 6 years. and power to gain equal rights, fair Medicare bill, we must literally drive Nobody in this Chamber feels that we pay, and decent working conditions. prices down by allowing reimportation, should be cutting our investment in So on this day, I honor the memory allowing us to get our drugs in Canada the future. It is time for Members on of Cesar Chavez. I congratulate his and in Europe where prices are cheap- both sides of the aisle to support the wonderful family who still lives in San er. bipartisan committee leadership to at Jose. We all know that he is the sym- f least approve the $275 billion bill, keep bol of inspiration to many, especially the basic structure in place, and make the children. May the legacy of this MANUFACTURING JOBS sure that we are giving America the great leader, Cesar Chavez, live on; and (Mr. SHIMKUS asked and was given transportation infrastructure it needs may we always remember his phrase to permission to address the House for 1 for the future. all of us, ‘‘Si se puede.’’

VerDate mar 24 2004 00:20 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.004 H31PT1 H1746 CONGRESSIONAL RECORD — HOUSE March 31, 2004 WELCOMING BULGARIA INTO NATO tinue to strive for and to make a re- SECTION 1. ADDITIONAL TEMPORARY EXTEN- ality in this country. SION OF AUTHORIZATION OF PRO- (Mr. WILSON of South Carolina GRAMS UNDER SMALL BUSINESS asked and was given permission to ad- f ACT AND SMALL BUSINESS INVEST- dress the House for 1 minute and to re- MENT ACT OF 1958. ADDRESSING OUR OUTDATED IM- The authorization for any program, au- vise and extend his remarks.) MIGRATION LAWS AND POLICIES thority, or provision, including any pilot Mr. WILSON of South Carolina. Mr. (Mr. BARRETT of South Carolina program, that was extended through April 2, Speaker, on Monday there was a his- asked and was given permission to ad- 2004, by section 1 of Public Law 108–205 is fur- toric ceremony at the White House dress the House for 1 minute.) ther extended through June 4, 2004, under the where President George W. Bush wel- same terms and conditions. Mr. BARRETT of South Carolina. comed Bulgaria, Romania, Lithuania, SEC. 2. EXTENSION OF CERTAIN FEE AUTHORIZA- Mr. Speaker, I rise today to thank Slovakia, Slovenia, Estonia, and Lat- TIONS. President Bush for recognizing the via into NATO, the North Atlantic Section 503(f) of the Small Business Invest- need to address our outdated immigra- Treaty Organization. ment Act of 1958 (15 U.S.C. 697 (f)), as amend- tion laws and policies, as well as to ed by section 2 of Public Law 108–205, is fur- I am particularly pleased of Bul- urge Congress to make this issue a top ther amended by striking ‘‘May 21, 2004’’ and garia’s entry as they are rapidly rising priority. inserting ‘‘October 1, 2004’’. from decades of communist totali- First, let me start by making it clear SEC. 3. FISCAL YEAR 2004 PURCHASE AND GUAR- tarianism, which I have seen firsthand ANTEE AUTHORITY UNDER TITLE III that I believe America should always since my first visit to Sofia in June OF SMALL BUSINESS INVESTMENT honor its immigration tradition and le- ACT OF 1958. 1990. Bulgaria has been one of Amer- gally admit a reasonable number of Section 20 of the Small Business Act (15 ica’s most courageous allies in the war new immigrants every year. But the U.S.C. 631 note) is amended by adding at the on terrorism, providing troops for the tragic events of September 11 awak- end the following new subsection: liberation campaigns in Afghanistan ened most Americans to the fact that ‘‘(j) FISCAL YEAR 2004 PURCHASE AND GUAR- and Iraq. ANTEE AUTHORITY UNDER TITLE III OF SMALL our immigration system is not only se- I want to personally thank the vi- BUSINESS INVESTMENT ACT OF 1958.—For fis- riously flawed; it also poses a danger to sionary Bulgarian patriots who have cal year 2004, for the programs authorized by our national security. worked so hard to make today possible, title III of the Small Business Investment The SAFER Act would strengthen Act of 1958 (15 U.S.C. 681 et seq.), the Admin- including Prime Minister Simeon Saxe- our borders with increased screening istration is authorized to make— Coburg Gotha, President Georgi and tracking of aliens, enhanced en- ‘‘(1) $4,000,000,000 in purchases of partici- Parvanov, Ambassador Elena forcement of the Immigration and Na- pating securities; and Poptodorova, Foreign Minister Sol- tionality Act, expedited removal pro- ‘‘(2) $3,000,000,000 in guarantees of deben- omon Pasi, Defense Minister Nikolai tures.’’. ceedings, and reduced excessive immi- Svinarov, Speaker Ognian Gerdjikov, SEC. 4. COMBINATION FINANCING. gration. Deputy Chief of Mission Emil (a) IN GENERAL.—During the period begin- I also support H.R. 775, the bill of the Yalnazov, Ambassador Stefan ning on the date of the enactment of this gentleman from Virginia (Mr. GOOD- Stoyanov, and Congressional Liaison section and ending on September 30, 2004, LATTE), which would end the visa lot- Officer Zlatin Krastev. subsection (a) of section 7 of the Small Busi- tery system. ness Act (15 U.S.C. 636(a)) shall be applied as In conclusion, may God bless our Our Nation is out of control. Immi- if the paragraph set forth in subsection (b) troops, and we will never forget Sep- gration policies expose us to an in- were added at the end of that subsection (a). tember 11. creased risk of another terrorist at- (b) PARAGRAPH SPECIFIED.—The paragraph referred to in subsection (a) is as follows: f tack, something I cannot sit back and ‘‘(31) COMBINATION FINANCING.— HONORING THE LIFE AND LEGACY allow to happen. It is time for Congress ‘‘(A) DEFINITIONS.—In this paragraph— OF CESAR CHAVEZ to act now to protect America’s inter- ‘‘(i) the term ‘combination financing’ ests. means financing comprised of a loan guaran- (Mr. GRIJAVA asked and was given f teed under this subsection and a commercial permission to address the House for 1 loan; and minute and to revise and extend his re- ANNOUNCEMENT BY THE SPEAKER ‘‘(ii) the term ‘commercial loan’ means a marks.) PRO TEMPORE loan which is part of a combination financ- Mr. GRIJALVA. Mr. Speaker, today I The SPEAKER pro tempore (Mr. ing and no portion of which is guaranteed by rise to take a moment to commemo- the Federal Government. LAHOOD). Pursuant to clause 8 of rule ‘‘(B) APPLICABILITY.—This paragraph ap- rate and celebrate the life of Cesar XX, the Chair will postpone further plies to a loan guarantee obtained by a small Chavez, a life that was a life with inspi- proceedings today on motions to sus- business concern under this subsection, if ration to all of us in this country be- pend the rules on which a recorded vote the small business concern also obtains a cause it meant the very best for all of or the yeas and nays are ordered, or on commercial loan. us. which the vote is objected to under ‘‘(C) COMMERCIAL LOAN AMOUNT.—In the Cesar Chavez had a vision for this clause 6 of rule XX. case of any combination financing, the amount of the commercial loan which is part country, and his legacy is a living leg- RECORD votes on postponed questions acy because of that vision; and the re- of such financing shall not exceed the gross will be taken later in the day. amount of the loan guaranteed under this alization of that vision continues to be f subsection which is part of such financing. a work in progress and a work that we TEMPORARY EXTENSION OF PRO- ‘‘(D) COMMERCIAL LOAN PROVISIONS.—The must all undertake. His vision was commercial loan obtained by the small busi- about inclusion, that all of us in this GRAMS UNDER THE SMALL ness concern— country deserve a place at the table BUSINESS ACT AND THE SMALL ‘‘(i) may be made by the participating and deserve to be treated with respect BUSINESS INVESTMENT ACT OF lender that is providing financing under this and with the humanity we all deserve. 1958 subsection or by a different lender; His vision was about fairness. Mr. MANZULLO. Mr. Speaker, I ‘‘(ii) may be secured by a senior lien; and ‘‘(iii) may be made by a lender in the Pre- This country is about all people remove to suspend the rules and pass the ferred Lenders Program, if applicable. gardless of who they are, where they bill (H.R. 4062) to provide for an addi- ‘‘(E) COMMERCIAL LOAN FEE.—A one-time came from, what they look like, what tional temporary extension of pro- fee in an amount equal to 0.7 percent of the language they speak, that we all be grams under the Small Business Act amount of the commercial loan shall be paid treated fairly and equally. And his vi- and the Small Business Investment Act by the lender to the Administration if the sion was the dignity of each person, of 1958 through June 4, 2004, and for commercial loan has a senior credit position that we are all entitled, all born with a other purposes. to that of the loan guaranteed under this dignity and a self-respect that merits The Clerk read as follows: subsection. Paragraph (23)(B) shall apply to the fee established by this paragraph. the rest of us living to that legacy. H.R. 4062 ‘‘(F) DEFERRED PARTICIPATION LOAN SECU- And that is the living legacy of Cesar Be it enacted by the Senate and House of Rep- RITY.—A loan guaranteed under this sub- Chavez, and we commemorate his life resentatives of the United States of America in section may be secured by a subordinated today as a legacy that we must all con- Congress assembled, lien.

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‘‘(G) COMPLETION OF APPLICATION PROC- making an Express Loan shall not prohibit Act. This section shall not preclude the Ad- ESSING.—The Administrator shall complete such lender from taking any other action au- ministrator of the Small Business Adminis- processing of an application for combination thorized by the Administrator for that lend- tration from taking such action as necessary financing under this paragraph pursuant to er pursuant to section 7(a) of the Small Busi- to maintain the loan program carried out the program authorized by this subsection as ness Act (15 U.S.C. 636(a)). under such section, subject to appropria- it was operating on October 1, 2003. (c) GRANDFATHERING OF EXISTING LEND- tions. ‘‘(H) BUSINESS LOAN ELIGIBILITY.—Any ERS.—Any express lender shall retain such SEC. 8. TEMPORARY INCREASE IN LOAN LIMIT standards prescribed by the Administrator designation unless the Administrator deter- UNDER BUSINESS LOAN AND IN- relating to the eligibility of small business mines that the express lender has violated VESTMENT FUND AND IN ASSOCI- concerns to obtain combination financing the law or regulations promulgated by the ATED GUARANTEE FEES. under this subsection which are in effect on Administrator or modifies the requirements (a) TEMPORARY INCREASE IN AMOUNT PER- the date of the enactment of this paragraph to be an express lender and the lender no MITTED TO BE OUTSTANDING AND COM- shall apply with respect to combination longer satisfies those requirements. MITTED.—During the period beginning on the financings made under this paragraph. Any (d) TEMPORARY EXPANSION OF EXPRESS date of the enactment of this Act and ending modifications to such standards by the Ad- LOAN PILOT PROGRAM.— on September 30, 2004, section 7(a)(3)(A) of ministrator after such date shall not unrea- (1) AUTHORIZATION.—As of the date of en- the Small Business Act (15 U.S.C. sonably restrict the availability of combina- actment of this section, the maximum loan 636(a)(3)(A)) shall be applied as if the first tion financing under this paragraph relative amount in the Express Loan Pilot Program dollar figure were $1,500,000. to the availability of such financing before shall be increased to a maximum loan (b) TEMPORARY GUARANTEE FEE ON DE- such modifications.’’. amount of $2,000,000 as set forth in section FERRED PARTICIPATION SHARE OVER 7(a)(3)(A) of the Small Business Act (15 $1,000,000.—With respect to loans made dur- SEC. 5. LOAN GUARANTEE FEES. U.S.C. 636(a)(3)(A)). ing the period referred to in subsection (a) to (a) IN GENERAL.—During the period begin- (2) TERMINATION DATE.—The authority set which section 7(a)(18) of the Small Business ning on the date of the enactment of this forth in paragraph (1) shall terminate on Act (15 U.S.C. 636(a)(18)) applies, the Admin- section and ending on September 30, 2004, September 30, 2004. istrator of the Small Business Administra- subparagraph (A) of paragraph (23) of sub- (3) SAVINGS PROVISION.—Nothing in this tion shall collect an additional guarantee fee section (a) of section 7 of the Small Business section shall be interpreted to modify or equal to 0.25 percent of the amount (if any) Act (15 U.S.C. 636(a)(23)(A)) shall be applied alter the authority of the Administrator to by which the deferred participation share of as if that subparagraph consisted of the lan- continue to operate the Express Loan Pilot the loan exceeds $1,000,000. guage set forth in subsection (b). Program on or after October 1, 2004. (b) LANGUAGE SPECIFIED.—The language re- The SPEAKER pro tempore. Pursu- (e) OPTION TO PARTICIPATE.—Except as oth- ferred to in subsection (a) is as follows: erwise provided in this section, the Adminis- ant to the rule, the gentleman from Il- ‘‘(A) PERCENTAGE.— trator shall take no regulatory, policy, or linois (Mr. MANZULLO) and the gentle- ‘‘(i) IN GENERAL.—With respect to each loan administrative action, without regard to woman from New York (Ms. guaranteed under this subsection, the Ad- whether such action requires notification VELA´ ZQUEZ) each will control 20 min- ministrator shall, in accordance with such pursuant to section 7(a)(24) of the Small utes. terms and procedures as the Administrator Business Act (15 U.S.C. 636(a)(24)), that has shall establish by regulation, assess and col- The Chair recognizes the gentleman the effect of— from Illinois (Mr. MANZULLO). lect an annual fee in an amount equal to 0.5 (1) requiring a lender to make an Express GENERAL LEAVE percent of the outstanding balance of the de- Loan pursuant to subsection (d); ferred participation share of the loan. (2) limiting or modifying any term or con- Mr. MANZULLO. Mr. Speaker, I ask ‘‘(ii) TEMPORARY PERCENTAGE.—With re- dition of deferred participation loans made unanimous consent that all Members spect to loans approved during the period be- under such section (other than Express may have 5 legislative days within ginning on the date of enactment of this Loans) unless the Administrator imposes the which to revise and extend their re- clause and ending on September 30, 2004, the same limit or modification on Express marks and include extraneous material annual fee assessed and collected under Loans; clause (i) shall be equal to 0.36 percent of the on this legislation. (3) transferring or re-allocating staff, staff The SPEAKER pro tempore. Is there outstanding balance of the deferred partici- responsibilities, resources, or funding, if the pation share of the loan.’’. result of such transfer or re-allocation would objection to the request of the gen- (c) RETENTION OF CERTAIN FEES.—Subpara- be to increase the average loan processing, tleman from Illinois? graph (B) of paragraph (18) of subsection (a) approval, or disbursement time above the There was no objection. of section 7 of the Small Business Act (15 averages for those functions as of October 1, Mr. MANZULLO. Mr. Speaker, I yield U.S.C. 636(a)(18)(B)) shall not be effective 2003, for loan guarantees approved under myself such time as I may consume. during the period beginning on the date of such section by employees of the Adminis- Mr. Speaker, this bill is a bipartisan the enactment of this section and ending on tration or through the Preferred Lenders September 30, 2004. work product between the gentle- Program; or woman from New York (Ms. SEC. 6. EXPRESS LOAN PROVISIONS. (4) otherwise providing any incentive or VELA´ ZQUEZ) and me and is a result of (a) DEFINITIONS.—For the purposes of this disincentive which encourages lenders or section: borrowers to make or obtain loans under the the commitment made on the House (1) The term ‘‘express lender’’ shall mean Express Loan Pilot Program instead of under floor earlier this month to provide a fix any lender authorized by the Administrator the general loan authority of section 7(a) of to the problem in the main flagship to participate in the Express Loan Pilot Pro- the Small Business Act (15 U.S.C. 636(a)). guaranteed lending program of the gram. (f) COLLECTION AND REPORTING OF DATA.— Small Business Administration. (2) The term ‘‘Express Loan’’ shall mean For all loans in excess of $250,000 made pur- This legislation would not only re- any loan made pursuant to section 7(a) of the suant to the authority set forth in sub- Small Business Act (15 U.S.C. 636(a)) in store the overall 7(a) program to full section (d)(1), the Administrator shall, to the strength, but also expand its outreach which a lender utilizes to the maximum ex- extent practicable, collect data on the pur- tent practicable its own loan analyses, propose for each such loan. The Administrator to help more small businesses grow and cedures, and documentation. shall report monthly to the Committee on create more jobs. (3) The term ‘‘Express Loan Pilot Pro- Small Business and Entrepreneurship of the Earlier this year, a funding shortfall gram’’ shall mean the program established Senate and the Committee on Small Busi- unfortunately required the SBA to by the Administrator prior to the date of en- ness of the House of Representatives on the temporarily suspend the program for a actment of this section under the authority number of such loans and their purposes. week, reduce the maximum loan size to granted in section 7(a)(25)(B) of the Small (g) TERMINATION.—Subsections (b), (c), (e), $750,000, and prohibit combination or Business Act (15 U.S.C. 636(a)(25(B)) with a and (f) shall not apply after September 30, guaranty rate not to exceed 50 percent. 2004. piggyback loans. (4) The term ‘‘Administrator’’ means the SEC. 7. FISCAL YEAR 2004 DEFERRED PARTICIPA- In this compromise, the annual lend- Administrator of the Small Business Admin- TION STANDARDS. er ongoing fee on 7(a) loans would in- istration. Deferred participation loans made during crease from 0.25 percent to 0.36 percent. (5) The term ‘‘small business concern’’ has the period beginning on the date of the en- The lender would also pay a 0.70 per- the same meaning given such term under actment of this Act and ending on Sep- cent up-front fee for combination or section 3(a) of the Small Business Act (15 tember 30, 2004, under section 7(a) of the piggyback loans. For loans under U.S.C. 632(a)). Small Business Act (15 U.S.C. 636(a)) shall $150,000, the lender would no longer be (b) RESTRICTION TO EXPRESS LENDER.—The have the same terms and conditions (includ- authority to make an Express Loan shall be ing maximum gross loan amounts and collat- allowed to retain the 0.25 percent ongo- limited to those lenders deemed qualified to eral requirements) as were applicable to ing fee. Instead, this bill, under the make such loans by the Administrator. Des- loans made under such section on October 1, provisions in it, the SBA will keep that ignation as an express lender for purposes of 2003, except as otherwise provided in this fee.

VerDate mar 24 2004 00:20 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.004 H31PT1 H1748 CONGRESSIONAL RECORD — HOUSE March 31, 2004 H.R. 4062 raises the 7(a) guaranteed Ms. VELA´ ZQUEZ. Mr. Speaker, first he and thousands of other manufactur- limit from $1 million to $1.5 million I would like to thank the chairman and ers can get the loans they need to stay with an additional risk premium fee of the House leadership for their commit- competitive, strengthen their oper- 0.25 percent imposed on the borrower ment and willingness to resolve this ations here in the U.S. and hire more over and above the 3.5 percent fee they program in a bipartisan manner. American workers. currently pay on loan amounts over $1 In today’s jobless recovery, small With H.R. 4062, we pave the way to million. businesses are more important than success for manufacturers and small Finally, H.R. 4062 allows lenders the ever. That is because small businesses businesses everywhere. With this bill, option to make loans up to $2 million are this country’s main economic driv- we make sure small businesses have ac- under the SBA Express program, which er. They are this country’s main job cess to capital. With this bill, we make has a 50 percent guarantee rate; but creator, and they are this country’s sure small businesses can invest in banks can use their own paperwork. number one employer. They are the their ventures, purchase new equip- Currently lenders can only make loans backbone of the American economy. ment, expand and create jobs. With up to $250,000 under the SBA Express One big challenge for small busi- this bill, we will be giving our economy program. I want to make it clear, how- nesses is access to capital. Studies the shot in the arm that it needs right ever, that I intend that this provision have shown that too many entre- now; and with this bill, we also give must be truly optional on the part of preneurs finance their great ideas with new hope to the 8.2 million unemployed the lenders. The SBA should not do credit cards. And this puts them into Americans that something is being anything in its internal policies or pro- debt even before they get their busi- done to transform the current jobless cedures that tilts this rule in favor of nesses off the ground. environment into one of work and pros- SBA Express at the expense of the rest perity. of the 7(a) lending program. b 1030 If my colleagues support our Nation’s All together, these provisions will That is exactly why the SBA loan economy, if they support job creation, provide an additional $3 billion in lend- programs are so critical. These pro- ing to small businesses for the rest of then I urge my colleagues to support grams fill a financing gap for small H.R. 4062. fiscal year 2004 to reach a total of 7(a) firms, making loans on great ideas that program level of $12.55 billion without Mr. Speaker, I reserve the balance of may not have been looked at twice or my time. requiring any additional appropria- invested in it at all. In fact, last year, tions or reprogramming funds from Mr. MANZULLO. Mr. Speaker, I have the SBA’s 7(a) flagship loan program no further speakers. I would ask the other key areas within the SBA. provided hundreds of thousands of When this bill is passed by Congress gentlewoman if she has any further small businesses with billions of dol- speakers and signed into law, SBA assures me it ´ will provide enough lending authority lars that was then pumped back into Ms. VELAZQUEZ. Mr. Speaker, I do for the SBA to remove the current loan the U.S. economy. not have any other speakers cap of $750,000 and also allow combina- Yet, for all the good the 7(a) program Mr. MANZULLO. Mr. Speaker, I yield tion or piggyback loans. has done, it recently fell on tough back the balance of my time. ´ By increasing the 7(a) programs lend- times. The program was shut down at Ms. VELAZQUEZ. Mr. Speaker, I ing authority, SBA estimates that the end of last year and was later re- yield myself such time as I may con- through their lending partners they opened but with severe restrictions in sume. will be able to offer 30,000 additional place. Just after the program hit these By passing this bill, we will show guaranteed loans, which could create bad times, so did the small business small businesses just how important or retain as many as a half million jobs owners that were trying to secure they are to the U.S. economy. We will by the end of September. loans. Suddenly, their plans to hire em- show them that we want to make it In addition to fixing the 7(a) pro- ployees, expand their operations or easier for them to invest capital back gram, the bill authorizes the SBA to purchase new equipment were put on into the businesses where it belongs; charge fees under the 504 Certified De- hold; and, as a result, job creation was and, Mr. Speaker, I would like to take velopment Company program and the put on hold for the American economy a moment to thank all the staff who Small Business Investment Company overall. worked hard on this solution. program until the end of the fiscal year I am happy to say to all those small I would like to thank from the ad- or September 30, 2004. Both these pro- business owners out there who have ministration, the staff, Jenny Mayne, grams operate solely on the basis of suffered, we are going to make the 7(a) Anthony Bedell and Charles Rowe. user fees and do not require an annual loan program whole again with the bill From the House leadership, I would appropriation. Currently, the authority before us today. This program that has like to thank KiKi Kless and Julie Sul- to charge these fees expires on May 21. helped countless entrepreneurs turn livan. From the chairman’s office, Finally, the general extension of SBA their dreams of business ownership Barry Pineles, Matthew Szymanski and programs not covered by an appropria- into reality is back, and hopefully it is Phil Eskeland. From the Democratic tion such as the surety bond program, here to stay. Committee on Small Business staff, I SBA’s cosponsorship authority, and In H.R. 4062, we ask lenders to shoul- would like to thank the staff director several very small procurement assist- der greater responsibility for the pro- Michael Day, Adam Minehardt and Jor- ance programs, will move from the cur- gram, but we are also giving them a dan Haas. rent deadline of April 2 to June 4 of new tool by raising the guarantee rate Mr. Speaker, I yield as much time as 2004. from $1 million to $1.5 million. In doing she may consume to the gentlewoman This bipartisan bill has the support this, lenders will be able to guarantee from California (Ms. MILLENDER- of both the minority and majority more loans, more money will flow into MCDONALD). sides of the Committee on Small Busi- the American economy, and small Ms. MILLENDER-MCDONALD. Mr. ness. It has the support of the adminis- firms will be able to create more jobs. Speaker, I would like to thank the tration. And finally, it represents the This fix will support our small busi- chairman and the ranking member for consensus position of those who use the nesses that create good-paying jobs 7(a) program, both borrowers and lend- their leadership. They have fought long ers. right here in the United States, unlike and hard to make sure that they heard I urge my colleagues to support H.R. the large multinational corporations the cry of small businesses. 4062. that move jobs overseas in search of Small businesses have been crying Mr. Speaker, I reserve the balance of cheap labor and lax environmental throughout this country, saying that my time. standards without even thinking twice. they needed the 7(a) loan programs so Ms. VELA´ ZQUEZ. Mr. Speaker, I Our solution will especially help that they can do business; and we all yield myself such time as I may con- small manufacturers who have been recognize that small businesses are the sume. hard hit, like Elliot Moses, a small engine that creates the jobs in this (Ms. VELA´ ZQUEZ asked and was businessman from Sandy, Utah, who country. So to the gentleman from Illi- given permission to revise and extend was left on the edge of financial ruin nois (Chairman MANZULLO) and the her remarks.) when the 7(a) program was closed. Now gentlewoman from New York (Ranking

VerDate mar 24 2004 00:20 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.010 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1749 Member VELA´ ZQUEZ), I thank them so GDP. If we want our economy to grow, we Ms. BORDALLO. Mr. Speaker, I rise today much for bringing this to the floor and need to support small businesses. in strong support of H.R. 4062, which will tem- all of the staff members who have But that’s not what the Administration has porarily resolve the funding shortage for the worked so hard. done. At every step they have cut programs Small Business Administration’s 7(a) Loan Mr. Speaker, this critical measure and decreased funds. The Administration’s Guarantee Program and ease the resulting fi- will help reopen the Small Business FY2005 budget devastates small businesses. nancial burden that has been placed on small Administration’s core lending vehicle 22 programs will be terminated and 14 will see businesses. H.R. 4062 is the product of bi-par- which is the 7(a) loan program, and it their budgets cut. tisan collaboration, and I commend Chairman will provide funding for the agency The microloan program, which provides MANZULLO and Ranking Member VELA´ZQUEZ through June 4. While we grapple with small businesses with loans of up to $35,000, for working together to create a sound public the budget, we recognize that there are will be terminated, while the Manufacturing Ex- policy response to this crisis for small busi- shortcomings in terms of it, but at tension Program, which helps small manufac- nesses. I also thank the House Leadership on least it will begin to address those ap- turers solve business problems, has been cut both sides of the aisle for responding promptly plications that have come to us from by $66 million over the last two years. The and positively. those small businesses that critically 7(a) loan program has been repeatedly cut The 7(a) Loan Guarantee Program is the need the financing through the 7(a) and dismantled. They’ve done everything they Small Business Administration’s flagship fi- loan program. could think of in order to kill it. They reorga- nancing program, which accounts for 30 per- This bill also makes a number of im- nized it. They closed it down. They capped the cent of all small business long-term loans in portant changes to the program, in- loans. this country. cluding lifting the $750,000 cap on loans If the 7(a) program is shut down or the On February 11th of this year, the Small and gets the program running at an amount of loans is capped, then small busi- Business Committee held a hearing on the adequate level. It removes the regu- nesses will suffer. They will not have access Administration’s proposed Fiscal Year 2005 latory restriction, also known as the to affordable capital. And they will be forced to Budget for the Small Business Administration. ‘‘piggybacking,’’ on SBA loans being lay off workers and shut their doors. It is so At that hearing, small business owners from a part of larger financing packages. important for small business to have afford- diverse array of geographical areas and en- This bill also creates a new financing able access to capital. That is why I commend gaged in a variety of different industries testi- tool by increasing the size of the loan the Democrats on the Small Business Com- fied that the financial crisis at the SBA 7(a) guarantee to $1.5 million, which pro- mittee for working so hard to save the 7(a) Loan Guarantee Program caused them undue vides more options for lenders pro- loan program. hardship. Most indicated that the failure to ac- But the Administration still doesn’t get it. viding these loans. cess 7(a) Loans on more reasonable terms They continually cut the programs and the Finally, Mr. Speaker, this bill ex- would preclude their respective companies funds that support our small businesses. To tends the 504 loan program and the from gaining access to the capital necessary stop our Nation’s march towards a jobless re- SBIC program through the end of this to ensure survival. In the case of one small covery, our small businesses must be taken year. business owner who testified about his com- care of. Unless the Administration recognizes We cannot thank the ranking mem- pany’s proposed project, the mayor of the city the problems that face American small busi- ber and the chair enough for the hard in which the company’s site would be built ac- nesses, the unemployment rate will rise and work that they have done, because companied him to Washington. The mayor our economy will not recover. spelled out exactly what was at stake for his these are important loan programs for Mr. SHUSTER. Mr. Speaker, I rise today in small businesses. economically distressed community; the op- strong support of H.R. 4062, which would tem- portunity to revive the local economy and pro- As the ranking member on the Sub- porarily extend the Small Business Administra- committee on Tax, Finance, and Ex- vide new jobs, or the prospect of further decay tion’s 7(a) loan program. One of the SBA’s and desperation. ports, I have long understood the crit- most successful initiatives, the 7(A) loan pro- ical role this program plays in keeping H.R. 4062 lifts temporary caps on 7(a) loans gram provides loan guarantees to small busi- that were instituted in order to respond to its our Nation’s economy vibrant and nesses. These small businesses are able to financial crisis. It will again allow for 7(a) loans strong. These loans are the only source use this financial assistance to start up new to be included in larger financial packages, of affordable, long-term financing for enterprises. In January 2004, due to lack of and provide working capital for export activi- many of our Nation’s small businesses, funding, the SBA was forced to temporarily ties of small businesses. This is a step in the and loans spur economic development suspend the 7(a) loan program, thus cutting right direction, and I hope that Congress will in underserved areas. off a major funding resource for thousands of follow the model of H.R. 4062 in addressing In addition, the 7(a) loan program potential new small businesses. While the the long-term health of a 7(a) program that is can be used for long-term working cap- SBA was able to have the program up and so important to small businesses, which are ital, including accounts payable, just running again in a relatively short time, it was incubators of economic and job growth in our allowing small businesses to do busi- still forced to scale back on the size and communities. ness. scope of the 7(a) program. I urge my colleagues to support H.R. 4062. Mr. Speaker, I urge all of my col- I am pleased that the legislation before us Ms. WOOLSEY. Mr. Speaker, I rise today in leagues to pass this very important today not only extends the 7(a) program, but support of H.R. 4062, and I am pleased that piece of legislation, H.R. 4062. also restores the robust nature of the program ´ this legislation reopens the 7(a) loan program Ms. VELAZQUEZ. Mr. Speaker, I by reinstating the maximum loan amount to $2 and ensures that small businesses will once yield myself such time as I may con- million. Additionally, H.R. 4026 would allow for again be able to benefit from its lending sume. piggyback loans, allowing businesses to seek power. I urge the adoption of H.R. 4062 and out additional financial assistance to help grow As a former small business owner, I under- call on the Senate to act quickly on their business. Equally important for our Na- stand the frustrations and worries small busi- this measure so that small businesses tion’s lenders, H.R. 4062, would increase the ness owners have had as this program has across the country can benefit. loan guarantee to $1.5 million. Lastly, Mr. sat in limbo. Small businesses are one of our Mr. BACA. Mr. Speaker, I rise in support of Speaker, plans put forth this morning will cre- Nation’s leading employment opportunities, but American small businesses and the 7(a) loan ate at least $12.5 billion in lending authority few businesses can afford to start up of ex- program. for the SBA in Fiscal Year 2004 and will allow pand without the help of loans. President Bush has stood by while a record for SBA to add an additional 30,000 loans Renewing our commitment to the Small 2.9 million private sector jobs disappeared. which in turn could create thousands of new Business Administration 7(a) loan program will The overall unemployment rate has stalled at jobs. not only bolster our Nation’s workforce but 5.6 percent. It would be even higher if it in- In conclusion, I want to extend my thanks to also the economy as a whole. cluded 1.7 million Americans who are no our Chairman DON MANZULLO and Ranking Mr. Speaker, I want to urge all my col- longer searching for employment. Member NYDIA VELA´ZQUEZ for their hard work leagues to join me in supporting this vital As a former small business owner, I know and leadership on this issue. Today’s action piece of legislation. the benefits they provide to our economy. will allow the SBA to continue providing finan- Mr. PRICE of North Carolina. Mr. Speaker, Small businesses generate three-fourths of all cial assistance to our Nation’s small busi- I would like to congratulate my colleagues on new jobs. They represent 99 percent of all nesses and keep our economy growing. I urge the Small Business Committee for their bipar- employers and create more than half of our my colleagues to support this measure. tisan effort, which allowed this bill to be voted

VerDate mar 24 2004 03:39 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 9920 E:\CR\FM\K31MR7.013 H31PT1 H1750 CONGRESSIONAL RECORD — HOUSE March 31, 2004 on just in the nick of time. I would like to espe- Committee on Government Reform; and (2) underlying resolution is imperative for cially congratulate Congresswoman one motion to recommit which may not con- it expresses the sense of Congress that tain instructions. VELA´ZQUEZ, who has worked tirelessly to bring the government should provide fair about this victory for small business. The SPEAKER pro tempore. The gen- compensation for Federal employees in H.R. 4062 restores the 7(a) program to its tleman from Georgia (Mr. LINDER) is order to encourage citizens to pursue a former strength by lifting the caps on 7(a) recognized for 1 hour. life of public service. loans. It also takes the important step of re- Mr. LINDER. Mr. Speaker, for the Federal employees consistently dem- moving regulatory limitations that had pre- purpose of debate only, I yield the cus- onstrate the best that our government vented SBA loans from being a part of larger tomary 30 minutes to the gentleman has to offer, and their contributions di- financing packages. from Florida (Mr. HASTINGS), pending rectly improve the lives of all Ameri- 7(a) loans account for nearly 30 percent of which I yield myself such time as I cans. all long-term loans for small businesses in may consume. During consideration of When we speak of Federal employees, America, businesses that are the number one this resolution, all time yielded is for we speak not only of the brave men and job creators in this country. So it is essential the purpose of debate only. women of the Armed Forces but also of that we get this program back up and running Mr. Speaker, H. Res. 585 is a closed the men and women of literally hun- again. This bill would do that, and it would rule that provides for the consideration dreds of agencies dealing with thou- also extend the important 504 loan program of H. Res. 581, expressing the sense of sands of issues. With nearly 1 million and SBIC programs through the end of this the House regarding rates of compensa- employees, the Federal Government is year. tion for civilian employees and mem- the largest employer in the United The next step is to make sure that these au- bers of the uniformed services of the States. Thirty-two thousand Federal thorized programs in SBA are fully funded. United States. employees live in and/or around my The President’s budget provided zero funding The rule provides for 1 hour of debate south Florida district alone. for 7(a) and a number of other important SBA in the House equally divided and con- Employees of the Central Intel- programs. Furthermore, it is important that we trolled by the chairman and ranking ligence Agency work in oftentimes ar- put safeguards in place to prevent last-minute minority member of the Committee on duous conditions to safeguard our shutdowns like those we experienced this past Government Reform. The rule also pro- country from those who mean to do us January. vides one motion to recommit which harm. I am working with my colleagues to restore may not contain instructions. Federal Emergency Management 7(a) funds and to ensure that in the future Mr. Speaker, with respect to H. Res. Agency employees provide disaster re- there are not caps or program shutdowns that 581, the underlying resolution, I want lief assistance, supplying shelter, food deny small businesses access to critically to commend the gentleman from Vir- and funds to victims of natural disas- needed resources. ginia (Mr. TOM DAVIS), chairman of the ters. This is the vital next step to the authoriza- Committee on Government Reform, Customs agents and Transportation tion we are passing today, and I urge my col- who has spent significant time working Security Administration officials pro- leagues to make certain that we provide the on this important issue for this Na- tect our borders and our skies, and fire- resources to make good on the commitment tion’s Federal civilian employees and fighters and other Federal law enforce- this bill makes to small businesses. military personnel. ment personnel across the Nation are Ms. VELA´ ZQUEZ. Mr. Speaker, I The Committee on Government Re- our first responders to a range of haz- yield back the balance of my time. form has held several hearings on the ards that can affect entire cities or sin- The SPEAKER pro tempore (Mr. state of the Federal workforce. At the gle homes. LAHOOD). The question is on the mo- conclusion of those hearings, it deter- These are just a few of those Federal tion offered by the gentleman from Illi- mined that some managers may not be employees, including the fine people nois (Mr. MANZULLO) that the House able to attract or retain skilled em- that do the work here transcribing our suspend the rules and pass the bill, ployees to the Federal workforce due words, the clerks that work with us, H.R. 4062. to a pay gap between Federal civilian the Capitol Police, the security guards, The question was taken; and (two- employees and their private sector all are Federal employees; and, in my thirds having voted in favor thereof) counterparts. judgment, many of them do not receive the rules were suspended and the bill The concept of pay parity is based on fair compensation for their hard work. was passed. two factors: first, an acknowledgment Mr. Speaker, much of the world A motion to reconsider was laid on that the pay for civilian Federal em- comes to know the face of America the table. ployees and military personnel has not from the dedicated Federal employees kept pace with the private sector; and, f living in this country and working second, a belief that there is a need to abroad. SENSE OF HOUSE REGARDING reduce the disparity in pay between ci- RULES OF COMPENSATION FOR vilian Federal employees and military b 1045 CIVILIAN EMPLOYEES AND MEM- personnel. All of these hard-working employees BERS OF THE UNIFORMED SERV- The pay parity issue was not ad- deserve the unequivocal support of this ICES OF THE UNITED STATES dressed in the House-passed fiscal year body. Even more, they deserve just and Mr. LINDER. Mr. Speaker, by direc- 2005 budget resolution. Therefore, H. fair compensation that competes with tion of the Committee on Rules, I call Res. 581 offers every Member of the the private sector and rises to meet the up House Resolution 585 and ask for its House the opportunity to express their living standards enjoyed by many immediate consideration. opinion on whether or not they believe Americans. The Clerk read the resolution, as fol- that pay for civilian Federal employees Increases in the pay of military and lows: should be adjusted at the same time Federal civilian employees have not H. RES. 585 and in the same proportion as pay for kept pace with the overall pay levels of private sector employees. There cur- Resolved, That upon the adoption of this the members of the uniformed services. resolution it shall be in order to consider in Mr. Speaker, I urge my colleagues to rently exists a gap of 32 percent be- the House the resolution (H. Res. 581) ex- support this rule so that we may pro- tween compensation levels of Federal pressing the sense of the House of Represent- ceed to debate H. Res. 581. civilian employees and those of private atives regarding rates of compensation for Mr. Speaker, I reserve the balance of sector workers and an estimated 5.7 civilian employees and members of the uni- my time. percent gap between compensation lev- formed services of the United States. The Mr. HASTINGS of Florida. Mr. els of members of the uniformed serv- resolution shall be considered as read for Speaker, I yield myself such time as I ices and those of private sector work- amendment. The previous question shall be may consume. ers. This glaring discrepancy greatly considered as ordered on the resolution and preamble to final adoption without inter- Mr. Speaker, I rise today in support hampers the ability to recruit and re- vening motion except: (1) one hour of debate of the Military and Civilian Employees tain quality employees. equally divided and controlled by the chair- Pay Parity Resolution and the rule To run efficiently and effectively, man and ranking minority member of the providing for its consideration. This and to provide necessary services to

VerDate mar 24 2004 03:39 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.015 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1751 the American people, the Federal Gov- I raise these issues here, Mr. Speak- of the uniformed services and the compensa- ernment needs to attract skilled, edu- er, not in derogation of the issue before tion of civilian employees of the United cated, and motivated people. We must us, but because this is just the tip of States: Now, therefore, be it provide Federal employees with an ap- the iceberg. No one in the minority dis- Resolved, That it is the sense of the House propriate level of salary and benefits to of Representatives that— putes that the majority of the com- (1) compensation for civilian employees encourage people to pursue a career of mittee, in conjunction with the Repub- and members of the uniformed services of Federal service, whether civilian or lican leadership, controls what happens the United States must be sufficient to sup- military. Potential Federal employees here on the House floor. But there are port our critical efforts to recruit, retain, must be made to understand that rules for each committee, rules which and reward quality people in Government choosing a career of public service is the majority is supposed to follow. And service; and not akin to taking a vow of poverty. the frequency with which the majority (2) to help achieve this objective, in fiscal The contributions one can make within on the Committee on Rules has taken year 2005, compensation for civilian employees of the United States should be adjusted the Federal service are lasting, desir- to violating those rules and practices is able, and beneficial to the entire coun- at the same time, and in the same propor- increasing; and it needs to stop, Mr. tion, as are rates of compensation for mem- try. Speaker. bers of the uniformed services. I stand with my Democratic col- Mr. Speaker, I yield back the balance The SPEAKER pro tempore (Mr. leagues today as we point out that in- of my time. stead of debating a resolution express- LAHOOD). Pursuant to House Resolu- Mr. LINDER. Mr. Speaker, I yield tion 585, the gentleman from Virginia ing the sense of Congress, we should be back the balance of my time. (Mr. TOM DAVIS) and the gentleman debating a bill that actually estab- The SPEAKER pro tempore (Mr. from Illinois (Mr. DAVIS) each will con- lishes just compensation as public pol- LAHOOD). Without objection, the pre- trol 30 minutes. icy. It is shameful that while the ad- vious question is ordered on the resolu- Mr. TOM DAVIS of Virginia. Mr. ministration and this body insist on tion. Speaker, I ask unanimous consent that providing a $1 trillion tax cut for the There was no objection. I be allowed to control 20 minutes, the wealthiest among us, the Republican- The SPEAKER pro tempore. The gentleman from Illinois (Mr. DAVIS) passed budget leaves Federal employ- question is on the resolution. ees to cope with rising health care and The resolution was agreed to. would control 20 minutes, and the gen- education costs without adequate com- A motion to reconsider was laid on tleman from Oklahoma (Mr. ISTOOK) pensation for their jobs. the table. would control 20 minutes. This body’s failure to ensure just Mr. TOM DAVIS of Virginia. Mr. The SPEAKER pro tempore. Without compensation is yet another sad exam- Speaker, pursuant to House Resolution objection, the unanimous consent re- ple of enriching the wealthy at the ex- 585, I call up the resolution (H. Res. 581) quest is agreed to. pense of middle-class America. I look expressing the sense of the House of There was no objection. forward to a day when this Congress Representatives regarding rates of GENERAL LEAVE will act to provide an equitable living compensation for civilian employees Mr. TOM DAVIS of Virginia. Mr. standard for the middle class instead of and members of the uniformed services Speaker, I ask unanimous consent that just simply raising the idea. of the United States, and ask for its all Members may have 5 legislative Mr. Speaker, let me conclude by immediate consideration. days within which to revise and extend again expressing my support for this The Clerk read the title of the resolu- their remarks and to include extra- legislation and encouraging my col- tion. neous material on the resolution now leagues to support it. As the old saying The text of House Resolution 581 is as under consideration. goes, though, talk is cheap. It is now follows: The SPEAKER pro tempore. Is there time for this body to put its money H. RES. 581 objection to the request of the gen- where our mouths are and include real Whereas civilian employees and members tleman from Virginia? pay parity in the budget resolution. There was no objection. Mr. Speaker, I do have additional of the uniformed services of the United States provide critical services and protec- Mr. TOM DAVIS of Virginia. Mr. comments that are unrelated to the tion for our citizens and taxpayers, and Speaker, I yield myself such time as I parity issue. Because I do serve with make many other significant contributions may consume. my colleague on the Committee on to the general welfare of the Nation; Mr. Speaker, the issue today is of the Rules, I also feel the need to make a Whereas the ability of the Federal Govern- utmost importance to our Federal em- comment on recent issues which have ment to provide a competitive salary plays a ployees, the Federal Government, and taken place in the Committee on critical role in its ability to recruit and re- the American taxpayer. The Federal Rules. tain individuals possessing the skills nec- We are experiencing a greater and essary to provide government services effec- Employees Pay Comparability Act, greater breakdown of comity within tively and efficiently to the American peo- FEPCA, of 1990, Public Law 101–509, the Committee on Rules that has me ple; sought to help achieve comparability Whereas the current pay system hampers through annual pay adjustments based very troubled. The minority no longer the ability of the Federal Government to receives timely notice of when the ma- upon the change in private sector achieve the goals referred to in the preceding wages and salaries. Despite our efforts, jority intends to make announcements. clause; We no longer receive materials or even Whereas the Federal Employees Pay Com- the Bureau of Labor Statistics cur- a notice that materials are available parability Act of 1990, commonly referred to rently estimates a 32 percent pay gap on a timely basis. as ‘‘FEPCA’’, sought to achieve com- and a 10 percent gap between the mili- We did not, for example, receive no- parability between Federal and non-Federal tary and the private sector. tice from the majority that the chair- pay rates through annual pay adjustments In order to deliver what was prom- man of the Committee on Rules was based on changes in private-sector wages and ised, the Federal Salary Council rec- going to make a unanimous consent salaries; ommends a 25 percent locality pay for Whereas increases in the pay of members 2005. There is clearly much work to do agreement last night on transpor- of the uniformed services and of civilian em- tation. Although we knew from our ployees of the United States have not kept to fulfill the intent of Congress, and leadership that this was going to take pace with increases in the overall pay levels the resolution here before us is a step place, it is only a common courtesy be- of workers in the private sector, so that in that direction. tween the majority and the minority of there currently exists an estimated 32 per- Mr. Speaker, I yield 3 minutes to the a committee that the minority be noti- cent gap between compensation levels of gentleman from Virginia (Mr. WOLF), fied before the chairman makes an- Federal civilian employees and those of pri- my colleague and coauthor of this reso- nouncements on the floor. Similarly, vate sector workers, and an estimated 5.7 lution, along with the gentleman from percent gap between compensation levels of Maryland (Mr. HOYER) and myself. the manager’s amendment for the members of the uniformed services and those transportation bill was apparently of private sector workers; and Mr. WOLF. Mr. Speaker, I thank the made available to the majority last Whereas, in almost every year during the gentleman for yielding me this time, night, but Democrats received it this past two decades, there have been equal ad- and I rise in strong support of this res- morning. justments in the compensation of members olution.

VerDate mar 24 2004 00:20 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.016 H31PT1 H1752 CONGRESSIONAL RECORD — HOUSE March 31, 2004 Mr. Speaker, I would ask Members to House went on to say that ‘‘public serv- ployer in this case is the taxpayers of think about the following thing: the ice in America today is not just an- the United States of America. first person that was killed in Afghani- other job, it is an important act of citi- This is not necessary to give what stan fighting the war on terror was a zenship. It is a way to fulfill our obli- this resolution proposes, that would be constituent of mine, a CIA agent in Af- gation to those who have gone before supersized raises, jumbo COLAs, to the ghanistan. The FBI agents who are us and those who will follow after us, Federal workforce. We have been very working in Afghanistan and Iraq are those who have sacrificed and died for generous with the Federal workforce. living under the same conditions. us.’’ In the last 7 years, for every $1 increase The first person that everyone in this That is all correct. One thing that we in the cost of living index, or for that body would call if they were to find out all know is that public service is not matter in the cost of living adjust- that a loved one had been kidnapped just another job. But unfortunately, ments to Social Security, for every $1 sometime today would be the FBI. We those who will follow, unless we make that the cost of living has gone up, would call an FBI agent. some changes, will have less pay, less Federal workers have gotten a raise of The NIH cancer researchers and peo- due process and appeal rights, and no $1.66. They have gotten raises two- ple doing research on juvenile diabetes right to collectively bargain. Indeed, thirds higher than the actual inflation and other important diseases would be there will be no civil service because rate. In fact, in the past 4 years, Fed- affected by this resolution. Those that jobs will be contracted out. Is that the eral workers have gotten raises at are guarding our borders under very way we want to say thanks to our Fed- twice the rate of inflation. difficult conditions along the northern eral employees for working longer The President’s budget proposes that border and the southern border would hours and working harder? the across-the-board raise for the Fed- be helped and impacted by this resolu- Then if that is the case, we certainly eral civil service should be 1.5 percent, tion. would not be doing our employees any consistent with the actual cost-of-liv- We hear a lot of people talking about favor. There are plenty of accolades ing adjustment. This resolution, how- how bad drugs are and we want to do and platitudes for the civilian Federal ever, says that they should get 3.5 per- everything we can to keep drugs from employees who perished or were se- cent. coming into our country. The DEA verely injured in the 9–11 attacks, but Why? Well, they say it is because we agents, some of whom have been killed now we hear that Federal employees are going to give the military a larger in the line of duty, who are working are a lesser priority than military em- raise and therefore we have to give the full time to keep drugs out of our ployees. How many Federal civilian Federal civil service a larger raise, too. schools, are Federal employees and workers have died beside their military I do not think that is accurate. People would be affected and impacted by this counterparts in Afghanistan or Iraq? that work at civil service jobs are not resolution. What about the Federal civilian work- taking the same risks on behalf of The people in the fire service, that ers who died in the Murrah Federal their country as people that are work- this summer as we are listening and Building in downtown Oklahoma City? ing in our Armed Forces. We do not hearing about forest fires taking place Can we tell their families that they are have the retention problems in the around the country, are all Federal em- a lesser priority? How quickly we for- civil service sector as we do in the ployees who would be impacted by this get. Armed Forces. resolution. Mr. Speaker, I have not forgotten the There is a letter that has been sub- The nurses and the doctors that are arguments this administration and mitted by the administration, by the working in VA hospitals that are tak- some of my colleagues used to justify Office of Management and Budget, oping care of our veterans are all Federal rolling back Federal employees’ collec- posing this resolution and points out employees who would be impacted by tive bargaining rights. At that time, that we are almost at a record low on this resolution. Federal employees were critical to the turnover in the Federal civil serv- Lastly, the Secret Service agents homeland security at the Transpor- ice. About 1.5 percent a year, that is that are guarding the President. Secret tation Security Agency, at the Depart- the whole turnover of people in Federal Service Agent Timothy McCarthy, who ment of Defense, and at the Depart- civil service jobs. stopped the bullet that would have ment of Homeland Security. Now we This is not a matter of retaining peo- killed the President of the United hear that there is a significant dif- ple. This is a matter of giving extra States, Ronald Reagan, was a Federal ference in the demands we place upon raises to people that, frankly, the tax- employee. those in the Armed Forces and those in payers do not have the money to af- The resolution is very, very impor- the civilian workforce. ford. This would cost us $2.2 billion this tant. I commend the gentlemen on Historically, Congress has expressed year and a similar amount next year both sides of the aisle and ask Members strong bipartisan support for parity in and the year after and in perpetuity to for an ‘‘aye’’ vote to send the message pay between our military and Federal give these extra large raises rather to the CIA, to the FBI, to the NIH and civilian sectors in recognition of their than holding the line as we should. the border control, to DEA agents, to important roles in our Nation’s defense For State workers, the average pay the Forest Service, the Park Service, and general service to the American raises in the last 4 years have been to VA nurses, the Secret Service people. So I join with those who say, only about a third of what the pay agents, and Social Security and other Stop the rhetoric and platitudes. It is raises have been for the Federal work- people who are working very, very hard time that we put our money where our ers. The private sector is significantly that this is an important issue. I mouths are. We have to stop this at- behind what we have already done for strongly urge Members to support it. tack, this misuse and abuse of civilian Federal workers. This is not the time Mr. DAVIS of Illinois. Mr. Speaker, I Federal employees, and grant them when we have record deficits to be giv- yield myself such time as I may con- equal status and equal pay. ing more than a cost-of-living adjust- sume. Mr. Speaker, I reserve the balance of ment to the Federal civil service. Mr. Speaker, I rise in strong support my time. Mr. Speaker, we have been overly of H. Res. 581. For the last 3 years, we generous. It is not needed to retain have been hearing the right things b 1100 people; and, frankly, the taxpayers are being said about Federal employees Mr. ISTOOK. Mr. Speaker, I yield the ones that are being asked to foot coming from the White House but myself such time as I may consume. this multi-billion dollars of expenses. doing just the opposite. In the July 10, Mr. Speaker, I rise in opposition to This is the taxpayers’ money. We are 2002, speech we heard the administra- this resolution. Certainly everybody al- being fair. We should stay that way. tion say, and I quote, ‘‘The important ways wants to be better paid. I do not The supposed pay gap, people say thing for the American people is to know anybody that is an exception to Federal workers are 32 percent under- know that our public servants are that particular rule. So there is always paid. Actually, that particular survey working longer hours and working tension between what people would does not calculate all the factors. It harder and working smarter to defend like to be paid and what an employer does not calculate the locality pay that the American people.’’ The White can afford to be able to pay. The em- boosts Federal civil service workers,

VerDate mar 24 2004 00:20 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.039 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1753 which cuts that gap in half; and it does spect. The Federal Government may believe in compensating Federal em- not cover the benefits they receive never be able to compete with the pri- ployees fairly. under which that gap evaporates. vate sector dollar for dollar, but we He talks about ECI. I wish my friend We are being fair, and we should op- have to ensure that we do not fall fur- from Oklahoma would listen to these pose this resolution on behalf of the ther behind in the war for talent. figures because I think he will find taxpayers of the United States of While wages are not the only factor them interesting because he misrepre- America. in our recruitment and retention ef- sents what the facts are. I know he Mr. Speaker, I reserve the balance of forts, what employer can hope to suc- would be very interested. my time. ceed in a labor market where it is of- Using 1969 as a base year of Federal Mr. TOM DAVIS of Virginia. Mr. fering salaries so far below the aver- service pay, average annual wage ad- Speaker, I yield myself such time as I age? This is not a cost-of-living allow- justments and CPI, which are all dif- may consume. ance as some have argued, saying it is ferent figures, we specifically used I think the gentleman is aware that too generous. The purpose is to assist wages because that is what we are com- the Federal Employee Pay Com- the Federal Government in providing peting with, not CPI. We are competing parability Act calls on the Federal Sal- salaries comparable to those in the pri- with wages in the Federal sector. Lis- ary Council every year to make rec- vate sector. This is achieved through ten to this and I think you will be ommendations in terms of what the annual pay adjustments based on the shocked. Federal employees would make. We change in private sector wages and sal- Since 1969, if you take wages as the could put a chart up here that would aries, not the cost of living. That is the base, they are now at 614 percent. If show that every year we have failed to fundamental precept behind the Fed- you take CPI, it is at 509 percent over come close to what the Federal Salary eral Pay Comparability Act. This is those 44 years. If you take civil service Council has recommended under the achieved through our annual pay ad- wages, they are 371.8. So they are still existing law of the land which is justments. about 100 points behind the CPI adjust- FEPCA, the Federal Employee Pay The fact remains that Federal pay is ment, and they are 180 points behind Comparability Act. This year, they not competitive. It is also important to what private sector wages have been have recommended a 25.73 locality rate note that providing a higher annual ad- adjusted. That is what this is about. The Federal Salary Council under the for 2005. justment would not result in any budg- law makes findings. They are in the Congress has a long history on this etary increase. As they have over the Department of Labor. They make find- issue. This resolution merely reiterates last two decades, agencies pay for all ings. Let me read their findings of this the sense of the House. Annual pay ad- their salaries, including these annual justments for civil employees and mili- past year: adjustments, with discretionary funds Based on calculations provided by tary members provided through the ap- from their salaries and expense ac- the Office of Personnel Management, propriations process have been iden- counts. This does not score under CBO. taking a weighted average of two sets tical in nearly every year over the last I think we can all agree that both of pay gaps, et cetera, the overall gap two decades. In addition, language to armed services and the Federal civilian between base general schedule average this end was included in the budget res- workforce are integral to fulfilling the salaries locality and non-Federal aver- olution for fiscal years 2002, 2003 and role of government in America and age salaries surveyed by BLS, the dif- 2004. both must be compensated accordingly. ference between private sector salaries In 1999, the last time the Senate held In the coming fiscal year, parity and and public sector salaries was 31.8 per- a freestanding vote on this issue, the pay adjustments remain the vehicle to cent. In other words, for comparable Senate voted 94–6 in favor of an amend- help achieve comparability between responsibilities, Federal employees ment expressing the same sense of Con- the public and the private sectors on were making 31 percent less than their gress that we do here today. the issue of pay so that the govern- private sector counterparts. I used to work for a billion-dollar ment can continue to perform. This The law said back in 1990 we get to 95 company out in Fairfax, Virginia. Our resolution is integral to this effort. I percent of private sector, saying that greatest asset was not our building. It urge my colleagues to support it. we are not going to put Federal em- was not our computers. It was not the Mr. Speaker, I reserve the balance of ployees on a par per se with the private land. It was our employees. They my time. sector but the objective is to get to 95 walked out the door every night, and Mr. DAVIS of Illinois. Mr. Speaker, I percent of what the private sector we did what we had to to make sure am pleased to yield 6 minutes to the makes. We are not there. they came back the next day. In an in- gentleman from Maryland (Mr. HOYER), The Federal council goes on to say formation age, people are the number the Democratic whip. that the overall average pay gap in one asset of any organization. Mr. HOYER. I thank my friend from 2003, including a current average local- The same is true with the Federal Illinois for yielding me this time. ity rate of 12.12 percent, which of Government. We are in danger of losing Mr. Speaker, number one, I was the course we do not do, is 17.57 percent. in the procurement force over 60 per- sponsor of the Federal Employee Pay This is the Federal pay council, out of cent of our qualified workers over the Comparability Act back in 1990. We in- OPM. Therefore, we recommend an next 5 years. These are people that can cluded it in the Treasury-Postal bill. It overall average locality rate adjust- walk across the street to the private was signed by President George Bush. ment of 25.54 percent. That is in addi- sector and make more money than It was signed on the theory that we tion to the ECI. they are making for the Federal Gov- needed to pay Federal workers com- Let us say the ECI was 1.5 percent ernment and leave with their full re- parable wages to their private sector which it is not, of course. It is higher tirement. These kind of minor incen- counterparts. In other words, if you are than that, substantially, almost twice tives in a 3.5 percent pay raise that I do a scientist at NIH or if you are an FBI as much as that. But if we did that, not think anybody except maybe the agent or if you are a CIA agent or you then we would be talking about a 27 gentleman opposing this resolution are a defense analyst, a civilian in the percent adjustment in Federal pay pur- would call a gargantuan pay raise or a Defense Department, you would get suant to the law which we have voted huge pay raise, this is in line with what paid comparably what your training for, which the President signed. we are seeing in many cases in the pri- and responsibilities required in the pri- The gentleman is shaking his head. vate sector and in State and local gov- vate sector. That was the whole the- He is inaccurate in shaking his head. ernments and in my own counties that ory. It was passed overwhelmingly in a I will tell the gentleman further, to I represent in Congress. bipartisan fashion. In fact, it is the law show him that he is inaccurate, the We have to be able to recruit and re- today. President of the United States last tain the best and the brightest to ful- My friend from Oklahoma has always year came down and said in his rec- fill the policies that this Congress opposed this adjustment. Always. This ommendation 2 percent. The Congress passes and sends on. To do that, pay is not a new posture for my friend from gave 4.1 percent. Bush claimed last Au- comparability is important, and we Oklahoma. He simply does not believe gust he was saving taxpayers $13 bil- continue to lag significantly in that rein the comparability act and does not lion, not from the 4.1 percent but from

VerDate mar 24 2004 00:20 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.020 H31PT1 H1754 CONGRESSIONAL RECORD — HOUSE March 31, 2004 the 25 percent. In other words, the the same raises to everyone else in the cause we come here to the floor, in the President of the United States adopted Federal Government. I disagree be- 12 years I have been here, and he says the premise that the law, in fact, said cause I know that there is a significant he agrees with me, but we have got to that the adjustment ought to be $13 difference in the demands that we move the Federal civilian at the same billion additional to what the Presi- place upon those in the Armed Forces time. And I just want him to know it is dent recommended. and those within the regular Federal very hard. We are not standing here arguing for workforce. Mr. TOM DAVIS of Virginia. Mr. that proposition, but we are standing The pay increases for civilian Fed- Speaker, I yield myself such time as I here for the proposition, as this Con- eral employees and members of the may consume. gress has done 17 out of the last 19 uniformed services should not be de- I include in the RECORD a letter ad- years, saying, look, we know we can’t signed primarily to address the ‘‘spend- dressed to me from Steven Strobridge, get there, but let us not send a message ing power’’ or the ‘‘standard-of-living’’ who is a colonel, U.S. Air Force, re- to those civilian employees arrayed in issues that the gentleman from Mary- tired, and director of Government Re- lations for the Military Officers Asso- Afghanistan, civilian employees land (Mr. HOYER) had just previously arrayed in Iraq, civilian employees raised. Instead, the amount of such pay ciation of America, supporting this. arrayed in Colombia, at risk, NIH re- increase should be sufficient to support MILITARY OFFICERS ASSOCIATION searchers, critically important to the our critical efforts to recruit, retain, OF AMERICA, Washington, DC, March 30, 2004. and reward quality people effectively health of this Nation, people working Hon. TOM DAVIS, at NASA, let us not send them a mes- and responsibly both in the civilian Chairman, Committee on Government Reform, sage that they are second-rate citizens. workforce and the uniformed military House of Representatives, Washington, DC. Let us pay them comparably with what services. DEAR MR. CHAIRMAN: On behalf of the near- we want to adjust the military. And we Our civilian and military forces work ly 380,000 members of the Military Officers ought to adjust the military. I am for under very different circumstances, Association of America (MOAA), I am writ- and their personnel systems reflect ing to express MOAA’s support of the prin- that. ciple of pay raise parity for the federal civil- So I ask my friends, follow the law. that fact. The military is an up-or-out ian workforce. But you do not have to follow all of the system, which forces members to exit Pay comparability with private sector law, because if you followed all of the the force if they are not promoted, workers is a fundamental statutory require- law we would break the bank. What we whereas the Federal workers can re- ment for both federal civilians and the uni- have said we are going to do is get to main at a particular grade level indefi- formed services. To the extent such com- comparability. What we want to do in nitely. parability is not sustained over time, our The matching of military pay and government will not be able to attract and this resolution is to at least get to fair- retain the kinds and numbers of personnel it ness. Support the Davis-Wolf-Hoyer rank and the general schedule grades needs for a professional, highly qualified ca- resolution. are for protocol purposes only, not for reer work force. Mr. ISTOOK. Mr. Speaker, I yield 3 pay equivalency. The pay systems and Improved military pay raises in recent minutes to the gentleman from Indiana underlying personnel systems should years have been aimed at restoring long- (Mr. BUYER). not be confused. The fact is that the term comparability with private sector pay Mr. BUYER. Mr. Speaker, I disagree Federal workers are not fleeing for the after decades of military pay caps. Those in the federal civilian workforce also have had with the gentleman from Maryland’s private sector. The President’s budget their raises capped below comparability for characterization of Federal civilian makes it a proper distinction between many years. employees as second-rate citizens. the clear need for the raise of the mili- Improved military pay raises in recent Mr. HOYER. Mr. Speaker, the gen- tary pay, which he proposes at 3.5 per- years have been aimed at restori8ng long- tleman is not characterizing me as cent, and a lesser priority of the Fed- term comparability with private sector pay having said that. eral civilian workers at 1.5 percent. after decades of military pay caps. Those in So over the years that I have been the federal civilian workforce also have had Mr. BUYER. I have the time. Do I their raises capped below comparability for have the time? here trying to close the pay gap with many years. Mr. HOYER. Personal privilege. regard to the military, it has been very While MOAA would not presume to rec- The SPEAKER pro tempore (Mr. difficult. The gentleman from Mary- ommend a particular civilian pay standard LAHOOD). The gentleman from Indiana land (Mr. HOYER) has been a very for the long term, we believe the resolution has the time. strong advocate with regard to the ci- you propose, along with Representatives Mr. HOYER. I ask for personal privi- vilian pay and increasing that over the Wolf and Hoyer, represents a reasonable step years, and I do not want to in the right direction, given the well-docu- lege. mented years of federal pay raise caps. The SPEAKER pro tempore. A point mischaracterize him. Sincerely, of personal privilege is not in order. Mr. HOYER. Mr. Speaker, will the STEVEN P. STROBRIDGE, The gentleman from Indiana has the gentleman yield? Colonel, USAF (Ret), time. The gentleman may proceed. Mr. BUYER. I yield to the gentleman Director, Government Relations. Mr. HOYER. Parliamentary inquiry. from Maryland for clarification. Mr. Speaker, I yield 2 minutes to the The SPEAKER pro tempore. Does the Mr. HOYER. Mr. Speaker, I thank gentleman from Oklahoma (Mr. COLE), gentleman from Indiana yield for a the gentleman for yielding to me. a strong advocate for military and Fed- parliamentary inquiry? I simply wanted to make the point, eral employees. Mr. BUYER. No, I do not. what I said was treating them dispar- Mr. COLE. Mr. Speaker, I thank the The SPEAKER pro tempore. The gen- ately implied that they were second- gentleman from Virginia for yielding tleman from Indiana has the time and class citizens. The implication in the me this time. may proceed. gentleman’s comments was that he dis- I rise in support of H. Res. 581, not agreed with the implication that they simply because I have the great honor b 1115 were second class. There was no impli- to represent 15,000 civilian employees I do not agree with the characteriza- cation of that, clearly. at Tinker Air Force Base and 6,000 at tion of Federal civilian employees as Mr. BUYER. Mr. Speaker, I accept Ft. Sill Army Post and thousands of second-rate citizens. This should not be the correction, and I thank the gen- others throughout the district; not just an argument about similarities with- tleman. because my own father, who had a dis- out a difference between the military Just the point I want to make to the tinguished 20-year career in the United and the civilian. I just want the gen- gentleman from Maryland (Mr. HOYER), States Air Force, followed that with, I tleman to know I disagree with that. I know he is a very strong advocate, think, an equally distinguished 20-year Today, hundreds of thousands in our along with my other colleague for the career as a civilian employee at Tinker Nation proudly serve us around the Federal civilian workforce. I stand Air Force Base, but because I think H. world in the name of freedom. Unfortu- here an advocate of the military, and Res. 581 expresses equity, good manage- nately, some in this body insist that there is a tremendous pay gap; and ment, smart personnel policy, and, we should not give these uniformed every time we try to close that pay gap frankly, is also an asset to our national service personnel a raise unless we give for the military, it has been hard be- defense.

VerDate mar 24 2004 00:20 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.022 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1755 Opponents of the idea of equal pay many civilian employees serving their harm’s way. The vast majority do not. for military and civilian personnel country in a dedicated, brave way as But for those who do, what we have to quite often point to the inflation issue well. do is avoid this across-the-board in- as something that they focus on. Just a couple of weeks ago, two DOD crease that consumes $2.2 billion so Frankly, I think the real question is civilian employees were killed in what that we can target the extra assistance the 32 percent wage gap between pri- the Coalition Provisional Authority in where it is needed. vate sector and public sector employ- Baghdad called ‘‘a targeted act of ter- OFFICE OF MANAGEMENT AND BUDGET, ees, something that this House and this rorism.’’ There were hundreds of Fed- Washington, DC, March 30, 2004. government has historically tried to eral civilian employees killed in a tar- Hon. DENNIS HASTERT, address over time. I think we should geted act of terrorism in Oklahoma. Speaker, House of Representatives, Washington, continue on that path. The FBI, the CIA, the whole Depart- DC. ment of Homeland Security, we can DEAR MR. SPEAKER: As the House of Rep- I also think it is of the utmost im- resentatives begins consideration of a resolu- portance that we retain qualified per- raise up the stature of people who are tion on Federal pay policy, I strongly urge sonnel in Federal civilian service. Over willing to put their lives on the line; the House to support the Federal employee 50 percent of that workforce is now but we can also point to all those pay policy reflected in the President’s FY within 5 years of retirement at Tinker clerks and managers and accountants 2005 Budget. The Administration believes Air Force Base. It is an extraordinarily and all the people who make the gov- this approach, rather than the one reflected in the proposed resolution, is the most effec- skilled force. It needs to be encour- ernment run. It is so easy to take it for granted be- tive way to achieve the desired result: to re- aged; and, frankly, we need to have the cruit, retain, and reward quality employees. incentives to recruit equally qualified cause we have always had the most The President’s Budget proposes to in- people in the future. professional civil service with the high- crease compensation for civilian employees I think in the end, Mr. Speaker, this est integrity of any civil service in the by 2 percent, or by over $2 billion, targeted is simply a matter of good policy. I world, and we take it for granted. But to address specific needs and opportunities. have good friends on both sides of this we are not going to be able to if we do The proposal includes: a 1.5 percent across- the-board pay increase to maintain civilian issue. I think the motives are very not act responsibly here. Health insurance premiums have employee buying power; $200 million spread good, but the reality is we know we across the agency budgets for use in address- need a first-rate military. We know we been going up by double digits for the last several years. If we restrict Fed- ing specific recruitment and retention needs; need to pay for that. We need a first- and, $300 million for the Human Capital Per- eral civilian employees to 11⁄2 percent, rate civilian personnel force to back formance Fund, which agencies can use to their take-home pay is likely to be them up when we are in conflict and, reward their highest performing employees. even less than it was last year. frankly, when we are not. So I am very The resolution under consideration would in- We heard from the assistant sec- stead support the same across-the-board in- proud to support this particular resolu- retary for Army Acquisitions. This is creases for civilian workers that the Presi- tion. not a function that clearly should be dent has proposed for military personnel. Mr. DAVIS of Illinois. Mr. Speaker, I contracted out. Army Acquisitions. He The Administration strongly supports the yield 3 minutes to the gentleman from told us about the fact that in the last proposed resolution’s goal of providing sufficient compensation for civilian and military Virginia (Mr. MORAN). 10 years, the number of civilian em- Mr. TOM DAVIS of Virginia. Mr. employees to support our critical efforts to ployees working for the Army has de- Speaker, I yield 1 minute to the gen- recruit, retain, and reward quality employ- clined from 100,000 to 50,000; and they ees effectively and responsibly. The Adminis- tleman from Virginia (Mr. MORAN). have doubled their workload. They tration, however, does not believe that pro- Mr. MORAN of Virginia. Mr. Speak- have twice as much work to do. But he viding the same across-the-board increases er, I thank the gentleman from Illinois shared with us his very deep concern, for civilian workers that the President pro- (Mr. DAVIS) for his previous statement, his very deep concern, that over the poses for military personnel will help us as well as the gentleman from Virginia next 2 years half of that workforce is achieve this goal. (Mr. TOM DAVIS) for his statement and If added to the President’s proposal for $2 eligible for retirement. What happens billion in pay increases for civilian employ- his initiative in introducing this with then? These are dedicated professional the gentleman from Virginia (Mr. ees, the additional cost of providing every ci- employees. vilian employee with the identical across- WOLF), and I thank the gentleman from This is a very important issue for all the-board raise proposed for the military Maryland (Mr. HOYER). the people of this country. We as the would be about $2.2 billion. Because Congress Mr. HOYER. Mr. Speaker, will the people that the executive branch works cannot provide this funding without exceed- gentleman yield? for, we make the laws. We tell them ing budget limits or shifting money away Mr. MORAN of Virginia. I yield to what their priorities are. And the from higher priorities, this increase essentially acts as an ‘‘unfunded mandate’’ that the gentleman from Maryland. American people, who depend upon Mr. HOYER. Mr. Speaker, I also want agencies must cover within existing funds. them for all their Social Security Federal civilian employees have enjoyed to congratulate the gentleman from checks, their Medicare benefits, all of cumulative annual pay increases of 45.1 per- Virginia (Mr. MORAN) for his extraor- the various programs that have an cent since 1993. For the last five years, Fed- dinary leadership in the Committee on enormous, profound impact on their eral employees have received raises that ex- the Budget which has led to the 3 past lives, these people have to know that ceed overall private sector wage growth. years of this very provision being in- they are appreciated, they are re- State governments, by contrast, have pro- cluded in the budget. vided smaller increases for their employees spected. And how do we do that? More when faced with similar resource con- Mr. MORAN of Virginia. Mr. Speak- than words. We have to do that by giv- er, I thank my friend and the leader of straints. In the past four years, many States ing them the level of compensation have frozen pay completely at various points our caucus for his statement. they are entitled to. That is what this in time, and we are not aware of any State This is a very important issue, not is about. It is not a matter of talking that in 2004 gave its workers as large an just to those who represent large num- the talk. We walk the walk by showing across-the-board raise as is being proposed bers of Federal employees but to the them that we appreciate what they do for Federal workers this year. In addition, Federal employees receive entire American people. We are talking day in and day out. about adequately compensating those other types of pay increases. In 2005, we esti- I appreciate the gentleman for intro- mate the value of within grade and quality who serve, who serve all of the inter- ducing this resolution, and let us get it step increases as 1.3 percent, the value of ests of all of the American public. passed. promotions as 1.2 percent, and the value of At no time when we introduced this Mr. ISTOOK. Mr. Speaker, I yield cash awards as 1.3 percent of civilian payroll. resolution or in the budget resolution myself 15 seconds. While not everyone will receive these in- have we ever suggested that the mili- I include in the RECORD a copy of the creases, with the 3.5 percent across-the-board tary should only get their pay increase letter from the Executive Office of the pay increase that the proposed resolution if civilians get their pay increase. That President of the Office of Management supports, overall Federal employee com- is a total mischaracterization by the pensation in 2005 would increase by about $5 and Budget in opposition to this reso- billion. gentleman from Indiana (Mr. BUYER). lution. Federal employee benefits are also increas- That is not the case. But we do want to We hear people say, well, we have ingly more attractive relative to those avail- make the case that there are a great Federal civil service workers that go in able in the private sector. These include a

VerDate mar 24 2004 03:39 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.024 H31PT1 H1756 CONGRESSIONAL RECORD — HOUSE March 31, 2004 defined benefit annuity and lifetime health of money to operate national defense This is no time to break with pay benefits for as little as five years of service, with this year; and, according to CBO, parity, because if you think this will be as well as transit subsidies, long-term care we are some $30 billion a year behind in remembered as the era of war, I tell insurance, preferential tax treatment of modernization. That means new equip- health insurance premiums, and flexible you, this will always be remembered as spending accounts for dependent and ment for our forces. That means re- the era of homeland security. This will healthcare expenses. The Federal civilian placing those 18-year-old helicopters be remembered as the era when we in benefits package increasingly stands out as and those 15-year-old fighter aircraft fact called Federal employees to do one of the most comprehensive available and making up that 8 to $10 billion what they have never had to do before, anywhere. shortfall in munitions. And we pledged and that is to protect the homeland. Both civilian and military employees per- this year, and I pledged, to try to make The homeland is not being protected by form crucial functions on behalf of the sure that we shape the defense budget American public. The Administration be- the military. The homeland is being lieves, however, that giving every civilian this year in such a way that we try to protected by civil servants here during employee the identical raise proposed for the shift as much as $2 billion into the the- alerts, by civil servants who in fact are military does not support the goal of pro- ater, into the fighting theater where taking care to see that we are not at viding compensation to effectively and re- our soldiers and Marines are right now risk right here. The last thing we need sponsibly recruit, retain, and reward quality fighting against a very deadly enemy to do is to tell them that we are going employees. Advocates for providing identical in the theaters in Iraq and Afghani- to break pay parity, right when we ex- pay raises to civilian and military employees stan. cite recruitment and retention problems, but pect more from them, right when we And that means coming up with are counting on them to save us from we have no evidence that the Federal Gov- extra money for force protection; that ernment has widespread recruitment and re- risks that none of us know about tention problems. With respect to retention, means armor for vehicles; new sensor today. the voluntary attrition rate is at a near his- capability to be able to see the battle- Indeed, these employees are being toric low of 1.6 percent. Only in relatively field, tell where the enemy is at, and asked to do much more. The great bulk few occupations are recruitment and reten- work surgically against him; and also of them who are in DOD and Homeland tion problems an issue, and President’s pay munitions, which are in short supply. Security are having their lives turned policy gives agencies the tools and resources We need to recharge our munitions upside down with all kinds of systems to address these concerns. stockpiles because we have expended a The President’s pay proposal provides suf- being proposed that are revolutionary ficient pay not only to recruit and retain great many of them. in the way you would pay them, evalu- needed workers, but also to reward the gov- For that reason, I hate to see that, if ate them, involve them in collective ernment’s highest performing employees. this action is followed by an appropria- bargaining; and now we want to say we The Administration is implementing better tions shift that takes money from the are going to deny you, as well, as the agency performance appraisal systems that operational military, and we have cal- pay parity you were entitled to when will be able to distinguish superior perform- culated roughly $1 billion would come ance. Such systems will enable agencies to none of this was going on. from the operational military, to move You want to do comparisons between reward employees with funds from the it over to accommodate the pay in- Human Capital Performance Fund. These in- Federal workers and the private sec- creases above the President’s proposal, centives will produce improved performance tor? I do not think you want to go that means we take $1 billion away and results for the American people. there. That has been one of the most from the accounts that do fund the Our civilian and military employees are controversial issues for decades, and we vital to the success of the Federal govern- force protection and the munitions and are still not at pay comparability. In- ment in meeting its commitments to the the extra surveillance and sensor capa- deed, for many years Federal service American people. Federal workers should be bility that we are trying to direct and has been uncompetitive. rewarded with a pay policy that most effec- focus in the Afghan and Iraq battle- Young people for many years now tively recruits, retains, and rewards quality fields this year. So for that reason, I employees. The Administration believes the have been going far more into the pri- reluctantly oppose this very well-in- pay policy included in the FY 2005 Budget vate sector than the Federal sector, tentioned motion. I think we need to supports those goals. While we recognize and the quality of the Federal work- focus on the task at hand. The emer- that the proposed Sense of the House resolu- force is going to suffer for it. Both the tion has no binding effect on either the budg- gency at hand is this shooting war that House and Senate have had hearings et or appropriations processes, we urge Mem- we are in right now. bers to oppose the resolution. Mr. DAVIS of Illinois. Mr. Speaker, I and joint hearings on, of all things, recruitment and retention in the Federal Sincerely, yield 31⁄2 minutes to the gentlewoman JOSHUA B. BOLTEN, from the District of Columbia (Ms. civil service, because half of these folks Director. NORTON). could go out the door tomorrow or Mr. Speaker, I yield 3 minutes to the shortly after tomorrow. gentleman from California (Mr. b 1130 They are greatly unappreciated as it HUNTER), the chairman of the Com- Ms. NORTON. Mr. Speaker, I thank is. Do not make it worse. Do not break mittee on Armed Services. the gentleman for yielding me time, the precedent of pay parity right when Mr. HUNTER. Mr. Speaker, I thank and I thank my good friend, the gen- we are asking more from civilian em- the gentleman for yielding me this tleman from Virginia (Mr. TOM DAVIS), ployees of the civil service. time. and my other colleagues who have ex- Mr. TOM DAVIS of Virginia. Mr. I reluctantly rise to oppose this ercised leadership on this resolution. Speaker, I yield myself such time as I measure. I know the gentleman from This is an unusual procedure, because may consume. Virginia (Mr. TOM DAVIS), the author of we are facing an unprecedented denial. We have heard discussions about how the resolution, is one of the great advo- In war and peace, there has always the vast majority of Federal employees cates, as are many of the Members who been pay parity. This is not the time to do not go in harm’s way. Let me make have spoken, of our folks who are in set up invidious comparisons between a comparison. civil service who support not only lots people who do the same kind of jobs, The gentlewoman from the District of domestic operations but also mili- sometimes on the home front, some- of Columbia (Ms. NORTON) has just tary operations, and I appreciate his times overseas. raised an important point, and that is advocacy for these great Americans. It has never been considered a reflec- in the war on terrorism and protecting And I also appreciate the gentleman tion on the military for there to be pay the homeland we are relying on our from Virginia (Mr. WOLF), the cospon- parity, and we ought not inject that Federal employee workforce, and many sor, perhaps a guy that I feel is to some into this debate now. We take nothing of these people were drafted into this. degree the conscience of this body and from their sacrifice now, as we have We look at the Oklahoma City bomb- a great leader of this civil service con- taken none in the past. We know we ings in my friend’s home State, over stituency in his district, and also all have a volunteer army. We know most 100 Federal employees died just for the other Members who have spoken on of our troops are support troops. We being Federal employees and for being behalf of the resolution. know that almost all of them do the there as a symbol of this government, The problem I have with the resolu- same things that we do in civilian life. their lives involuntarily on the line, tion is this: we have a limited amount There are very few, in fact, in combat. dying for this country.

VerDate mar 24 2004 00:20 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.009 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1757 Officer Johnny Spann was killed in erybody an across-the-board increase, I ask people to oppose this resolu- an Afghan prison uprising on November then we cannot target our efforts to- tion. 25, 2001, the first American combat wards those people who do put them- Mr. Speaker, I reserve the balance of death in Afghanistan, a Federal civil- selves in harm’s way. That is what the my time. ian employee, a CIA employee. President’s proposal seeks to do, have Mr. TOM DAVIS of Virginia. Mr. Inspector Tom Murray, a 31-year vet- an adequate across-the-board cost-of- Speaker, I yield myself 2 minutes. eran of the Customs Service, died from living increase, so that you therefore Mr. Speaker, let me assure the gen- toxic fume inhalation during an inspec- retain the resources to target the addi- tleman, and maybe I can talk him into tion of the hold of a vessel at the Port tional assistance where it is most justi- supporting this resolution when I ask of Gramercy in Louisiana in October of fied. This resolution wipes out that ap- him to read it here, the language of the 2001. proach. This resolution says, no, some- resolution itself makes it clear this is Twenty-three firefighters died in body that works at a desk, and maybe not across the board. It says: ‘‘Com- wildland fire-fighting incidents in 2002, doing a very important job at that pensation for civilian employees and primarily in California and Colorado, desk, has to be given the same increase members of the uniform services must where the fire season was especially se- as someone who puts their life in be sufficient to support our critical ef- vere. These account for almost a quar- harm’s way. That is a wrong approach. forts to recruit, retain and reward ter of the on-duty deaths of firefighters The people that we have a challenge quality people in government service, in 2002, Federal employees. retaining are those who do put their and to help achieve this objective, Who are our Federal employees? Hun- lives in harm’s way. But across-the- compensation for civilian employees dreds of Federal firefighters spent board, they virtually never had as lit- should be adjusted at the same time weeks without pause, working day and tle a retention problem as they do now and at the same proportion as our rates night to quell the multiple wildfires in the Federal Government. A 1.6 per- of compensation for members of the that consumed much of Southern Cali- cent attrition rate. That is it. uniform services.’’ fornia. This is not a matter of keeping the Nothing in there mandates across- Coast Guard Chief Kevin Concepcion Federal employees in general. This is a the-board. This language, in fact, was directed the safe and orderly seaborne matter of conserving the resources so changed from previous years to accom- evacuation of 70,000 confused and that we can target them, as the Presi- modate some of OMB’s concerns. frightened people from Lower Manhat- dent’s budget proposal wants to do, to But I have got to tell you, where I tan amidst the chaos of the September where it is most needed. get the most concerned is that last I wanted to cite from the letter that 11 attacks. year on this floor I put an amendment FBI agents William Fleming and Ben the White House sent over: ‘‘If added to on this floor to add $500 million for a Herren brought to justice two of the the President’s proposal for $2 billion Human Capital Compensation Fund so in pay increases for civilian employees, men responsible for the infamous 1963 we could give out bonuses and award the additional cost of providing every bombing of an African American people on the basis of merit, and the civilian employee with the identical church in Birmingham, Alabama, 40 gentleman’s subcommittee did not fund across-the-board raise proposed for the years after they committed the crime. it. military would be about $2.2 billion Dozens of foreign service officers Mr. ISTOOK. Mr. Speaker, will the dollars. Because Congress cannot pro- have returned to the embassies in gentleman yield? vide this funding without exceeding Nairobi and Kenya after bombs demol- Mr. TOM DAVIS of Virginia. I am budget limits or shifting money away ished the embassy buildings in 1998, happy to yield to the gentleman from from higher priorities, this increase es- killing and wounding dozens of em- Oklahoma. sentially acts as an unfunded man- bassy officials. Mr. ISTOOK. Mr. Speaker, is the gen- date.’’ tleman aware that we did not have the Employees from the Federal Highway The letter goes on to state: ‘‘The Administration, the Social Security President’s proposal is for targeting re- money to fund it because the very Administration, HUD, DEA, Agri- sources to where it is most needed, across-the-board language that you culture, Secret Service, all of these rather than taking this across-the- propose today had already been put in died in the Oklahoma City bombings in board approach that prevents us from and soaked up the money? April of 1995. making sure that we retain the people Mr. TOM DAVIS of Virginia. Mr. Three-and-one-half percent. Over 20 who have the specialties that are in Speaker, reclaiming my time, no, I am percent under what the Federal Salary highest demand and for whom we must not aware of that. Council recommended to the President compete with the private sector.’’ Mr. HOYER. Mr. Speaker, will the Federal employees ought to get this This is a sop to people who wanted to gentleman yield? year. treat everyone the same because per- Mr. TOM DAVIS of Virginia. I am Mr. Speaker, I urge Members to sup- haps they are part of the same em- happy to yield to the gentleman from port this resolution. ployee organization. That is not what Maryland. Mr. Speaker, I reserve the balance of we need to do. Mr. HOYER. Mr. Speaker, with all my time. We go to great measures to protect due respect to the chairman of my Mr. ISTOOK. Mr. Speaker, I yield Federal employees. As the Representa- committee, Mr. Chairman, that is inac- myself such time as I may consume. tive of most of Oklahoma City, come curate. It is inaccurate, because, as Mr. Speaker, were we to adopt this out and see the new Federal building you know, you did not fund that in sub- policy of across-the-board raises, we that is being dedicated in about a committee. In subcommittee, the pro- would prevent the ability to prioritize month’s time and look at the extraor- vision to which you refer had not been for those people who actually put their dinary security measures that we have added. lives at risk and put themselves in put into place to protect our Federal So you are inaccurate. You had the harm’s way. I have worked in local civilian workforce, because we know money available. And, by the way, as government, I have worked in State their value, we know their importance. you know, I supported that $500 million government, I have worked in the Fed- But that does not mean that we treat so that we could give additional com- eral Government. Typically we make a everyone as though they were putting pensation above and beyond what the distinction between people, whether their lives in harm’s way and, there- law requires. The law. they are police, whether they are fire, fore, undercut what we do to keep the This is not some speculation. The law whether they are law enforcement, good people that do put their lives in requires that we give special com- whether they are in the military. We harm’s way on behalf of the citizens of pensation to high performers. I agree make a distinction between those who this country. with that premise, as does the gen- put themselves in harm’s way when we We do not have the extra $2 billion tleman from Virginia (Mr. TOM DAVIS). consider what we need to do in employ- for the across-the-board increase this Mr. TOM DAVIS of Virginia. Mr. ment. resolution seeks to do. We have got Speaker, reclaiming my time, as the But if all the resources are consumed enough problems with the deficit al- gentleman is aware, this authorization on saying, no, we have got to give ev- ready. was authorized by the full House in an

VerDate mar 24 2004 00:20 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.027 H31PT1 H1758 CONGRESSIONAL RECORD — HOUSE March 31, 2004 up-or-down vote. Unfortunately, we give raises to civilian employees, it has so poorly underfunded that, therefore, called on the appropriators to fund it, no problem awarding financial bonuses we have to do the same for the Federal the money was there, as the gentleman to its political appointees. In some civil service. noted, earlier on before the additional agencies, the average bonus to political The Federal civil service, in the last money was appropriated; and it still employees has exceeded $11,000. That is 7 years, for every dollar increase in the was not funded. So it is easy to talk outrageous. cost of living, has already gotten $1.66 one way, but we have to look at con- Now, we have heard this is a matter in increases, faster than anybody else. sistency and action. of priorities. The priority for this ad- It is time to have a year where we say, All we are asking the House to do ministration is to give tax cuts to bil- let us hold back. Let us only do the today is do what we did last year, the lionaires, not to adequately pay for ci- cost of living adjustments, but, at the year before, the year before, what the vilian employees of the Federal Gov- same time, put the pay for performance Senate did in their budget resolution. ernment. in place. This is 20 percent below what the Fed- I am pleased to be part of a bipar- We do not need this. The turnover eral Salary Council has recommended tisan coalition of Members who value rate for Federal employees is at vir- this year. the contributions of Federal civil serv- tually an all-time low. There are spots Mr. Speaker, I reserve the balance of ants and believe they should not be where we need to be able to keep people my time. treated as second-class employees. I with specific skill sets, and the Presi- Mr. DAVIS of Illinois. Mr. Speaker, strongly urge my colleagues to support dent’s proposal would let us address it is my pleasure to yield 4 minutes to this resolution. It is the only fair thing those. But we do not do it by giving a the gentleman from California (Mr. to do to keep faith with those who are pay raise to the people that we do not WAXMAN), the ranking member of the working for us and deserve a pay raise have a problem retaining and then not Committee on Government Reform. and should not be excluded because of be able to retain the people that do Mr. WAXMAN. Mr. Speaker, I thank priorities for billionaires getting tax have the special skills. the gentleman for yielding me time. cuts while our civilian employees do Do not pass this resolution. Do not Mr. Speaker, I am pleased to be an not get the parity that they deserve. try to handcuff us and prevent us from original cosponsor of this resolution. Mr. ISTOOK. Mr. Speaker, I yield reforming the Federal civil service However, it is regrettable that this res- myself such time as I may consume. process. We are being more than fair olution even needs to be offered. In my Mr. Speaker, we had some interesting with the 1.5 percent. We do not need to opinion, it should be a well-settled discussion about, well, why have we go overboard. principle that Federal civilian employ- not gone to this system of saying let us Mr. Speaker, I reserve the balance of ees will receive the same annual pay reward people based upon their per- my time. raise as military personnel. Unfortu- formance. Let us target, let us target Mr. DAVIS of Illinois. Mr. Speaker, I nately, we are faced with an adminis- funds, as the President wants to do. yield myself the remaining time. tration that does not appreciate the And the gentleman asked, well, why Mr. TOM DAVIS of Virginia. Mr. importance of the Federal workforce. was it not done in the appropriations Speaker, I yield 1 minute to the gen- We have seen countless examples of bill last year? tleman from Illinois (Mr. DAVIS). Federal employees coming under at- That program has not been created. Mr. DAVIS of Illinois. Mr. Speaker, I tack from this administration. Over There is no program to fund. We could want to thank the gentleman from Vir- the past 2 years, 800,000 civilian em- not put it in the subcommittee mark. ginia for yielding me the time, as well ployees at the Departments of Home- The gentleman from Virginia chairs as for his leadership on this issue. land Security and Defense have seen the committee that has the ability to Mr. Speaker, the concepts of equal- the revocation of their collective bar- bring the legislation to the floor, to ity, equal justice, equal opportunity, gaining rights, due process rights and promote what the President wants to and equal pay have undergirded and appeal rights. We have seen an ideo- do. Let us not undercut. guided the development of this Nation. logically driven campaign to privatize If the gentleman agrees it is a good One of the things that Americans have Federal jobs. idea, I agree it is a good idea, if the always been able to think ahead for is This administration wants to use ar- gentleman from Virginia (Mr.TOM the idea that they are going to be bitrary numerical goals for converting DAVIS) agrees it is a good idea, and cer- treated equally, they are going to be Federal jobs; and when there are com- tainly the White House promotes it, treated fairly, and they are going to be petitions between Federal employees then instead of doing this one-size-fits- compensated justly. We are simply and the private sector, the administra- all across the board, why do we not talking about fair compensation. We tion wants employees to compete with support the President’s proposal and are talking about the fact that we have one arm tied behind their backs. bring that Human Capital Performance an aging workforce in the civilian sec- Now we see the continuation of ef- Fund, that is what he calls it, why do tor. forts to shortchange Federal employ- we not bring that legislation to the Recruitment is not as easy as one ees. In this year’s budget, the Presi- floor? But, for goodness sakes, do not might think. Individuals are about to dent has proposed giving civilian em- pass this resolution soaking up the re- retire in large numbers, and there is a ployees a 1.5 percent raise, less than sources that would have to go to pay great deal of concern about our human half, less than half the raise that mili- for performance. capital, individuals to carry on the tary personnel will receive. That is un- The ball is in the court of the com- work of this great Nation. fair to the hard-working Federal work- mittee of the gentleman from Virginia. So, again, I commend and com- ers who make personal and financial I know he is sympathetic toward the pliment the gentleman from Virginia sacrifices to serve their country. President’s approach, but I am sure he (Mr. TOM DAVIS) for initiating this res- would not want to adopt a resolution olution, I urge its strong passage, and b 1145 that defeats his ability to move the suggest that it is not a slight in any Much has been made of the enormous Federal Government to be more re- way. We do not undervalue the impor- sacrifices of the military personnel sponsible, to say, we know that not all tance of our military, but equally im- serving in Iraq and Afghanistan. These employees perform equally, not all are portant are those in the civilian sector. brave men and women deserve our placing themselves in the same level of Mr. Speaker, I yield back the balance deepest gratitude. However, we should risk as others are, and we ought to be of my time. not forget that civilian employees at able to make distinctions. Mr. TOM DAVIS of Virginia. Mr. the Defense Department and other Do the cost-of-living adjustment, the Speaker, I yield myself 1 minute, and agencies are playing an instrumental 1.5 percent that is proposed, that is al- then allow the gentleman from Okla- role in supporting both the war effort ready in the budget, but do not pass homa (Mr. ISTOOK) to respond and abroad and the war on terrorism at this resolution to take away the abil- close, and then I will make a very brief home. ity of pay for performance. Do not say closure. Ironically, while the administration that just because we have retention I think it is important to note again cannot seem to find enough money to problems in the military and they are that this resolution does not mandate

VerDate mar 24 2004 01:13 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.029 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1759 across the board. We took any lan- of living over the last 4 years, and they employees and our military personnel guage here that mandates that out. In have not. Federal workers have had that we honor what they do, we value fact, we have agencies right now where their pay improved far beyond what what they do, and we are going to pay pay for performance is the rule. They has happened in the private sector. It them appropriately. I ask for support are working under it at DHS. DOD is not out of line to say, let us just hold of this resolution. passed a performance review last year. it down to inflation this year, but let Mr. EVANS. Mr. Speaker, I rise in favor of The IRS and FAA already have those us make sure that we hold back the re- H. Res. 581, which urges this administration to provisions of pay for performance in sources to target, to target pay where provide pay parity to civilian government work- there. Before this last Congress, GAO we most need it for recruitment or for ers and uniformed government workers. came and asked for it. They have it. people who are putting their lives at I was greatly disappointed at the President’s These are agencies that our committee risk. That is what we ought to be meager pay raise for Federal workers and feel and other committees in the House, doing. We should not be voting for this it should be closer in line to the raise our uni- working together, are already working resolution. formed service members received. I represent to pay for performance. I ask my fellow Members, Mr. Speak- the Rock Island Arsenal, which employs about But if we do not pass this legislation, er, to join me in opposing this resolu- 6,000 civilian Department of Defense workers. there can be no pay for performance. tion. Many of these employees are directly sup- There will be no pay for performance Mr. Speaker, I yield back the balance porting our uniformed personnel in the war on without pay comparability. Otherwise, of my time. terror. This includes many working around the Mr. TOM DAVIS of Virginia. Mr. they do not even get the 1.5 percent, clock to produce an urgent order of armored Speaker, I yield myself the remaining Federal employees. So this is a natural kits for our Humvees and trucks being sent to precursor to get what the gentleman time. The world has changed. It might have Iraq. Hundreds of other workers are either de- from Oklahoma, what the administra- been a decade ago where you looked at ployed or recently deployed from service in tion, and what we all want. This has the Federal workforce being unin- the Middle East to support our service mem- got to be there first. volved and in a different light from our bers. Yet, unlike their uniformed counterparts, So I think maybe we have a chicken- men and women in uniform somewhere they only received modest pay increases. and-the-egg situation, but we have to else across the world. But, today, the Not only are Defense Department civilian have the money, I say to my friend battleground has shifted here to the workers serving in the war on terror, but Fed- from Oklahoma, before we can do the Pentagon, to Oklahoma City, to Man- eral fire fighters, police, marshals, and armed other kinds of things. And we took the hattan, to our embassies abroad, and it agents of the FBI, DEA, ATF, Amtrak, Postal mandatory, across-the-board language has seen in each instance Federal em- Service, and numerous other agents. out of this resolution exactly for that ployees dying on the front lines, just This administration wants to outsource our purpose: to give us all an opportunity performing their day-to-day duties as Federal employees, rewrite their labor rules, to work together, to give Federal em- targets of terrorists. We see that the and ask them to do more with less. And then ployees pay comparability, but to do it first individual killed in the Afghan they hit them in their pocket book. We need to in an appropriate fashion. war was a Federal civil servant. Every support our Federal workers and this resolu- Mr. Speaker, I reserve the balance of Federal employee now, as they go to tion sends a strong message. my time. work, is a potential target of a ter- I urge my colleagues to support this bill and Mr. ISTOOK. Mr. Speaker, I yield rorist. let the President know our Federal workers myself the balance of my time. In addition to that, OMB’s opposition deserve his respect. Mr. Speaker, I do not think that peo- to this is nothing new. We saw this Mr. TOM DAVIS of Virginia. Mr. ple should vote for this resolution under the previous administration. Speaker, I yield back the balance of based upon someone’s claim that, well, That is traditionally the line they my time. it really does not do anything, because take. That is why Congress passed and The SPEAKER pro tempore (Mr. the language, the very last phrase, President Bush won, signed the Federal TERRY). The resolution is considered makes it clear that it calls for the Employee Pay Comparability Act in read for amendment. compensation for the civilian employ- 1990, to try to have an independent Pursuant to House Resolution 585, ees of the United States to be adjusted body review what it would take to get the previous question is ordered on the at the same time and in the same pro- pay comparability. Because the Amer- resolution and on the preamble. portion as the rates of compensation ican taxpayer does not want an under- The question is on the resolution. for members of the Armed Forces. If funded rocket scientist, a cancer re- The question was taken; and the the Armed Forces, as is proposed and searcher at NIH that we are not paying Speaker pro tempore announced that as we know is going to happen, get 3.5 appropriately. We do not get top talent the ayes appeared to have it. percent, then the Federal civil service on the cheap, and that is not what they Mr. ISTOOK. Mr. Speaker, I object to would have to get 3.5 percent as well, want. the vote on the ground that a quorum rather than the 1.5 percent that is pro- So the Federal Salary Council ap- is not present and make the point of posed. pointed by President Bush made the order that a quorum is not present. Again, this has been looked at by the recommendation. They recommended a Office of Management and Budget, and The SPEAKER pro tempore. Evi- 25 percent increase; and the adminis- dently a quorum is not present. I quote once more from their record tration said, no, we want 1.1 percent. about what this would cost. They say, The Sergeant at Arms will notify ab- All we are saying today is com- sent Members. ‘‘It would be about $2.2 billion, and be- parability says this ought to be at 3.5 The vote was taken by electronic de- cause Congress cannot provide this percent, the same as military, and how vice, and there were—yeas 299, nays funding without exceeding budget lim- we spend that money we can decide 126, not voting 8, as follows: its or shifting money away from higher through the process as we move for- priorities, this increase essentially acts ward in the appropriations process. [Roll No. 104] as an unfunded mandate that agencies This resolution does not even man- YEAS—299 must cover.’’ date it across the board. In fact, in Abercrombie Bishop (GA) Burns We are talking about a vote to spend some agencies, those have gone by the Ackerman Bishop (NY) Burr an extra $2.2 billion. That is what we Alexander Bishop (UT) Calvert wayside as we formed the pay sched- Allen Blumenauer Cantor are here about this morning. We are ules there. Andrews Boehlert Capito here because some people in the House This is an important issue for this Baca Boehner Capps insist that that ought to be the case, Congress. It is an important issue to Baird Bonilla Capuano Baldwin Bono Cardin and they want to use this vote to lever- our Federal workforce and our military Ballance Boswell Cardoza age the appropriations process and ev- workforce, of which we have shown Becerra Boucher Carson (IN) erything else. support to some of those groups as Bell Boyd Carson (OK) But the taxpayers are looking over Bereuter Bradley (NH) Case well. Berkley Brady (PA) Castle our shoulders. They know that the Fed- I urge my colleagues to vote for this. Berman Brown (OH) Chandler eral workers have gotten twice the cost Let us send a message to our Federal Berry Brown, Corrine Clay

VerDate mar 24 2004 01:13 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.031 H31PT1 H1760 CONGRESSIONAL RECORD — HOUSE March 31, 2004

Clyburn Jackson-Lee Pelosi Cunningham Kennedy (MN) Rogers (KY) OFFICE OF THE CLERK, Cole (TX) Peterson (MN) Deal (GA) King (IA) Rogers (MI) HOUSE OF REPRESENTATIVES, Collins Jefferson Pitts DeLay Kingston Rohrabacher Washington, DC, March 31, 2004. Conyers John Platts DeMint Kline Royce Hon. J. DENNIS HASTERT, Cooper Johnson (IL) Pombo Diaz-Balart, M. Knollenberg Ryan (WI) The Speaker, House of Representatives, Costello Johnson, E. B. Pomeroy Doolittle Linder Ryun (KS) Washington, DC. Cramer Jones (NC) Porter Duncan McCrery Saxton DEAR MR. SPEAKER: Pursuant to the per- Crenshaw Jones (OH) Price (NC) Ehlers McInnis Sensenbrenner Feeney McKeon mission granted in Clause 2(h) of Rule II of Crowley Kanjorski Pryce (OH) Sessions Kaptur Quinn Flake Mica Cummings Shadegg the Rules of the U.S. House of Representa- Davis (AL) Kelly Radanovich Franks (AZ) Miller, Gary Shays tives, the Clerk received the following mes- Davis (CA) Kennedy (RI) Rahall Garrett (NJ) Moran (KS) Sherwood sage from the Secretary of the Senate on Davis (FL) Kildee Rangel Gibbons Musgrave Shuster March 31, 2004 at 4:20 p.m.: Davis (IL) Kilpatrick Regula Gingrey Myrick That the Senate disagreed to House Green (WI) Neugebauer Simpson Davis (TN) Kind Renzi amendment S. Con. Res. 95; agreed to con- Davis, Jo Ann King (NY) Reyes Gutknecht Ney Smith (MI) Kleczka Rogers (AL) Hall Northup Souder ference. Davis, Tom With best wishes, I am DeFazio Kolbe Ros-Lehtinen Hart Norwood Stearns DeGette Kucinich Ross Hayes Nussle Sullivan Sincerely, Delahunt LaHood Rothman Hayworth Osborne Tancredo JEFF TRANDAHL, DeLauro Lampson Roybal-Allard Hefley Ose Taylor (NC) Clerk of the House. Langevin Ruppersberger Hensarling Otter Deutsch Terry f Diaz-Balart, L. Lantos Rush Herger Oxley Thornberry Dicks Larsen (WA) Ryan (OH) Hoekstra Paul Tiahrt ANNOUNCEMENT BY THE SPEAKER Hunter Pence Dingell Larson (CT) Sabo Toomey PRO TEMPORE Doggett Latham Sa´ nchez, Linda Isakson Peterson (PA) Vitter Issa Dooley (CA) LaTourette T. Petri Wamp The SPEAKER pro tempore. Pursu- Leach Sanchez, Loretta Istook Portman Doyle Weldon (FL) ant to clause 4 of rule I, the Speaker Lee Sanders Jenkins Putnam Dreier Weller Levin Sandlin Johnson (CT) Ramstad signed the following enrolled bills dur- Dunn Wicker Edwards Lewis (CA) Schakowsky Johnson, Sam Rehberg ing the recess today: Keller Reynolds Wilson (SC) Emanuel Lewis (GA) Schiff H.R. 2584, to provide for the convey- Emerson Lewis (KY) Schrock ance to the Utrok Atoll local govern- Lipinski Scott (GA) NOT VOTING—8 Engel ment of a decommissioned National English LoBiondo Scott (VA) Harris McHugh Tanner Lofgren Serrano Eshoo Hulshof Pickering Tauzin Oceanic and Atmospheric Administra- Lowey Shaw Etheridge Kirk Rodriguez tion ship, and for other purposes; Lucas (KY) Sherman Evans S. 2057, to require the Secretary of Lucas (OK) Shimkus ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Everett Lynch Simmons Defense to reimburse members of the Farr The SPEAKER pro tempore (Mr. Majette Skelton United States Armed Forces for certain Fattah TERRY) (during the vote). Members are Maloney Slaughter Ferguson transportation expenses incurred by Manzullo Smith (NJ) advised there are 2 minutes remaining Filner the members in connection with leave Markey Smith (TX) Foley in this vote. Marshall Smith (WA) under the Central Command Rest and Forbes Matheson Snyder b 1233 Recuperation Leave Program before Ford Matsui Solis the program was expanded to include Fossella Messrs. RYAN of Wisconsin, SIMP- McCarthy (MO) Spratt domestic travel; Frank (MA) McCarthy (NY) Stark SON, BASS, FEENEY, CANNON, COX, Frelinghuysen S. 2231, to reauthorize the Temporary McCollum Stenholm ISSA, BACHUS, NEY, BONNER, and Frost McCotter Strickland Assistance for Needy Families Block Gallegly McDermott Stupak Mrs. JOHNSON of Connecticut changed Grant Program through June 30, 2004; Gephardt McGovern Sweeney their vote from ‘‘yea’’ to ‘‘nay.’’ S. 2241, to reauthorize certain school Gerlach McIntyre Tauscher Mr. EVERETT and Mr. JEFFERSON Gilchrest McNulty Taylor (MS) lunch and child nutrition programs Gillmor Meehan Thomas changed their vote from ‘‘nay’’ to through June 30, 2004. Gonzalez ‘‘yea.’’ Meek (FL) Thompson (CA) f Goode Meeks (NY) Thompson (MS) So the resolution was agreed to. Goodlatte Menendez Tiberi The result of the vote was announced SPECIAL ORDERS Gordon Michaud Tierney Goss Millender- Towns as above recorded. The SPEAKER pro tempore. Under Granger McDonald Turner (OH) A motion to reconsider was laid on the Speaker’s announced policy of Jan- Graves Miller (FL) Turner (TX) the table. uary 7, 2003, and under a previous order Green (TX) Miller (MI) Udall (CO) of the House, the following Members Greenwood Miller (NC) Udall (NM) f Grijalva Miller, George Upton will be recognized for 5 minutes each. Gutierrez Mollohan Van Hollen RECESS f Harman Moore Vela´ zquez Hastings (FL) Moran (VA) Visclosky The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Under a Hastings (WA) Murphy Walden (OR) TERRY). Pursuant to clause 12(a) of rule previous order of the House, the gen- Hill Murtha Walsh I, the Chair declares the House in re- tleman from Michigan (Mr. MCCOTTER) Hinchey Nadler Waters is recognized for 5 minutes. Hinojosa Napolitano Watson cess subject to the call of the Chair. Hobson Neal (MA) Watt Accordingly (at 12 o’clock and 31 (Mr. MCCOTTER addressed the Hoeffel Nethercutt Waxman minutes p.m.), the House stood in re- House. His remarks will appear here- Holden Nunes Weiner cess subject to the call of the Chair. after in the Extensions of remarks.) Holt Oberstar Weldon (PA) f Honda Obey Wexler f Hooley (OR) Olver Whitfield ORDER OF BUSINESS Hostettler Ortiz Wilson (NM) b 1920 Houghton Owens Wolf Mrs. JOHNSON of Connecticut. Hoyer Pallone Woolsey AFTER RECESS Madam Speaker, I ask unanimous con- Hyde Pascrell Wu Inslee Pastor Wynn The recess having expired, the House sent to take my special order at this Israel Payne Young (AK) was called to order by the Speaker pro time. Jackson (IL) Pearce Young (FL) The SPEAKER pro tempore. Is there tempore (Ms. GINNY BROWN-WAITE of objection to the request of the gentle- NAYS—126 Florida) at 7 o’clock and 20 minutes p.m. woman from Connecticut? Aderholt Bilirakis Buyer There was no objection. Akin Blackburn Camp f Bachus Blunt Cannon f Baker Bonner Carter COMMUNICATION FROM THE MEDICARE PRESCRIPTION DRUG Ballenger Boozman Chabot CLERK OF THE HOUSE Barrett (SC) Brady (TX) Chocola AND MODERNIZATION ACT Bartlett (MD) Brown (SC) Coble The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Under a Barton (TX) Brown-Waite, Cox fore the House the following commu- previous order of the House, the gentle- Bass Ginny Crane Beauprez Burgess Cubin nication from the Clerk of the House of woman from Connecticut (Mrs. JOHN- Biggert Burton (IN) Culberson Representatives: SON) is recognized for 5 minutes.

VerDate mar 24 2004 01:13 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.010 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1761 Mrs. JOHNSON of Connecticut. The SPEAKER pro tempore. Under a administration says because the stock Madam Speaker, I rise tonight to talk previous order of the House, the gen- market is going up we have a recovery about the Medicare Prescription Drug tleman from Ohio (Mr. BROWN) is rec- and we do not need to extend unem- and Modernization Act. The goal of ognized for 5 minutes. ployment benefits, in spite of the fact this legislation is to create a Medicare (Mr. BROWN of Ohio addressed the that we have $20 billion sitting in the program that can provide for our sen- House. His remarks will appear here- trust. iors the quality health care in the fu- after in the Extensions of remarks.) All it requires is the President to say ture that Medicare has been able to f to the Congress, move it. Republicans provide in the past. will never do it. They do not care. Without the Medicare Prescription EXCHANGE OF SPECIAL ORDER Drug and Modernization Act we passed TIME and the President signed, the quality of Mr. MCDERMOTT. Madam Speaker, I b 1930 the health care Medicare could provide ask unanimous consent that I may But the fact is that in February, in would not keep pace with modern med- take the gentleman from Ohio’s (Mr. this recovery, 21,000 jobs were created. ical science, period. This bill was not BROWN) time. That is 400 jobs for every State. Now, and is not primarily about prescription The SPEAKER pro tempore. Is there maybe in North Dakota 400 jobs is drugs, though I believe we were mor- objection to the request of the gen- quite a lot, but in California it is noth- ally and medically obliged to make tleman from Washington? ing. prescription drugs a part of Medicare There was no objection. Not one single one of those jobs was for all seniors. f a private sector job. Remember, we The modernization of Medicare was THE ADMINISTRATION GIVETH more significantly about two facts. gave all that money to those rich peo- AND THE REPUBLICAN CON- ple and they were going to create these With seniors living longer, chronic ill- GRESS TAKETH AWAY ness has become a major fact of life for jobs? They did not create one single job our seniors; and Medicare, through its The SPEAKER pro tempore. Under a in February. That is a jobless recovery, old-fashioned structure, literally can- previous order of the House, the gen- and the President ought to be able to not pay for the preventive programs tleman from Washington (Mr. see that. We could see it in December that can help seniors with chronic ill- MCDERMOTT) is recognized for 5 min- when we started talking about this. nesses maximize their health and well- utes. In my State, 80,000 people have gone being and minimize their visits to the Mr. MCDERMOTT. Madam Speaker, off unemployment since December; and emergency room and the hospital. we have now passed the budget in the the government says, well, we have Preventive health integrated into House, one in the Senate, and they are this $20 billion but we are saving it. Medicare for seniors with chronic ill- starting a conference committee. We For what? To give another tax break, ness can both reduce costs and improve are going to have a product out here perhaps. You have to ask yourself what the quality of care available to our sen- one of these days soon, but this budget kind of an administration is this. They iors. This must be done for the quality will be perfect proof that the adminis- talk about compassionate conserv- of life of our seniors but also for the tration giveth and the Republican Con- atism, but I do not know what that sheer survival of Medicare. gress taketh away. The administration means anymore. One-third of our seniors have five or gives massive cuts to the rich; the Re- We went to a workers’ bus ride today, more chronic illnesses, and this third publican Congress takes Federal unem- people who come to this city to tell us uses 80 percent of the resources. In ployment benefits away from average their problems. This guy who had been every other sector of the population, Americans. That is the way it has been working in a paper mill up in Maine we are seeing disease management pro- in this administration. said, my grandfather worked in that grams increase the quality of care, in- Millionaires get an average cut on mill, my father worked in that mill, I crease the well-being of patients and their taxes of $112,925. The average thought I would retire in that mill; but reduce the costs of health care. We American, on the other hand, gets $676. I lost my job, and now I have to go to musts do no less for our seniors. Why should a millionaire get $112,000 the food bank to make it. We are morally, medically and fis- and the average working person in this cally bound to integrate disease man- country gets only $676? They have no Think about it. Think about the loss agement into Medicare, both into the answer for that. of dignity. Think about the inability to plans that Medicare offers to our sen- They have an answer that is sort of feed your kids. But the President sits iors and into the fee-for-service system strange. They say, well, these tax cuts down in the White House and says, that has long been historically the pri- are going to allow jobs to occur. If you well, they do not need it; they just mary means for Medicare to deliver give a lot of money to rich people, sud- need to try a little harder, or maybe health care services to our seniors. denly, miraculously, jobs will kind of they can take their tax cut. They do Only the House bill offered disease sprout up out in the fields or in the fac- not get a tax cut; they do not have a management as a new program under tories. No proof of that whatsoever. job. Medicare; and through the conference We have been following the Presi- For every person unemployed in this committee we strengthened this pro- dent’s ideas for three-and-a-half years, country there are three of them look- gram, we broadened it, and we actually and this will be the first administra- ing for every job that is created. The gave to those who manage Medicare tion since the Hoover administration, only reason the numbers have come the right to demonstrate various dis- since the Hoover administration, 1928 down at all is because the President de- ease management programs and then to 1932, that the administration has not cided that he would not count them if simply roll them out to benefit all sen- produced one single job. They have lost they were not looking anymore. iors and all Medicare programs without jobs. This budget is a fraud and the Amer- coming back to Congress. We delay February was a particularly good ican people should know it. things. We make them difficult. This is month. You read the newspaper and a matter of life for our seniors. It is a they say, oh, the economy is recov- f matter of quality health care for our ering. We do not have to give unem- seniors. ployment benefits to anybody because The SPEAKER pro tempore (Ms. The Medicare Prescription Drug and the economy is recovering. How do we GINNY BROWN-WAITE of Florida). Under Modernization Act is just that. It is know the economy is recovering? We a previous order of the House, the gen- about prescription drugs and modern- know it because the stock market is tleman from Indiana (Mr. BURTON) is izing Medicare so that it will be pre- going up. What does that mean to recognized for 5 minutes. pared and capable of delivering cut- somebody that does not have a job, the (Mr. BURTON of Indiana addressed ting-edge, state-of-the-art health care stock market is going up? They spent the House. His remarks will appear to our seniors and particularly to those all their savings and their 401(k) and hereafter in the Extensions of Re- seniors with chronic illness. everything else to keep afloat, and this marks.)

VerDate mar 24 2004 01:13 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.046 H31PT1 H1762 CONGRESSIONAL RECORD — HOUSE March 31, 2004 THE BUDGET AND PRESCRIPTION bill based on their situation. Is it a covered. We have never done that be- DRUG COVERAGE good benefit? Absolutely, yes. And it is fore, including the other Medicare bills The SPEAKER pro tempore. Under a a substantial commitment by this Con- that just about everybody in this previous order of the House, the gen- gress to be sure we modernize Medi- Chamber has voted for in one way or tleman from Ohio (Mr. PORTMAN) is care. As the gentlewoman from Con- another. recognized for 5 minutes. necticut (Mrs. JOHNSON) said earlier, That is extremely important, because Mr. PORTMAN. Madam Speaker, we need to modernize the program. She we want to encourage people to con- being a member of the Committee on talked about in addition to prescrip- tinue to have coverage. Over 20 percent the Budget, I have to say that the tion drug coverage all the wonderful of the cost of the bill, $85 billion, is set budget that we passed in the House I do new preventive benefits, all the new aside just for that purpose. AARP sup- not believe is a fraud at all. It does two help for people with chronic disease. ports this bill. And one reason they things that are very important. One, it It was time to take a 1960s program support it is this provision was impor- restrains spending, which we need to do and be sure it added this important ele- tant to them, and it is in the bill. in order to get the deficit under con- ment of prescription drug coverage, Some opponents are also saying that trol; and it also helps the economy to which was not a big part of anybody’s the legislation would have been less keep the government’s spending down. care back in the 1960s. Now it is a huge costly if it had focused on those who For the first time really since 1995, part of seniors’ care. And seniors back really need it. That is exactly what it when Republicans took control of the home in Ohio, where I am from, are de- does. Most of the benefit goes to low- House, we are actually going to be lighted they are going to get some help income seniors and those who have freezing spending in many accounts. In with their prescription drug coverage, high drug costs. As I said earlier, those fact, other than the security accounts because they rely more and more on who are low-income seniors, under 135 and domestic discretionary spending, prescription drugs, and people rely on percent of poverty, do not pay a pre- we will be getting spending under con- prescription drugs to stay out of hos- mium, do not pay any copays, and are trol and restraining spending, which I pitals and not to have to have proce- able to get prescription drugs with think is exactly what we should be dures. Instead of having a very expen- only $1 or $5 at the prescription drug doing. Second is that it puts in place sive heart operation, now you can take counter. measures to ensure that the economic Lipitor and keep your cholesterol This is a good bill focusing on those growth that has begun continues. The down, and that should be covered by who need the coverage the most. gentleman may not have seen that in Medicare. And it will be now. f his district in Washington State, but The Medicare bill does involve some The SPEAKER pro tempore. Under a we have certainly seen it around the trade-offs. We had limited resources. previous order of the House, the gentle- country. We spent $400 billion over a 10-year pe- woman from the District of Columbia In fact, during the last 6 months, our riod, which is a lot of money, given the economy grew faster than it has grown (Ms. NORTON) is recognized for 5 min- deficit that we have. But we thought it utes. in the last 20 years, and jobs are com- was so important to do it. But it does ing back. Every month, over the last 6 (Ms. NORTON addressed the House. not provide 100 percent coverage. What months, we have seen job increases. Her remarks will appear hereafter in it does provide is a real benefit, Not as much as we would like to see, the Extensions of Remarks.) though; and let me talk about what it and all of us would like to see more, f does and does not do. but the way to do that, obviously, is A lot of what I have seen in the na- 9/11 COMMISSION not to raise taxes on the American peo- tional media and what opponents of the The SPEAKER pro tempore. Under a ple, particularly some of those people law have said just is not accurate. previous order of the House, the gentle- the gentleman talked about, who he de- Some have said that seniors will be woman from California (Ms. WOOLSEY) scribed as the wealthy. These are peo- forced into this new prescription drug is recognized for 5 minutes. ple who are businesses. Because a lot of plan and forced to pay premiums they Ms. WOOLSEY. Madam Speaker, yes- small businesses in this country, in may not want to pay. That is not true. terday, the Bush White House finally fact most small businesses are not in- It is entirely voluntary. If seniors do succumbed to intense and well-de- corporated, they are subchapter S, or served pressure and agreed to allow Na- partnerships, or sole proprietors; and not want to sign up for it, they do not tional Security Adviser Condoleezza they pay taxes at the individual level. have to. It will be roughly $35 a month for Rice to testify under oath before the Those are the people who are creating most Americans. But for about 35 per- independent commission investigating most of the jobs, our small businesses; cent of Americans, those who are under and so we do not want to tax them at the 9/11 terror attacks. 150 percent or 135 percent of poverty, I am glad that Dr. Rice will publicly this point just as the economy is get- testify before the commission. This is ting back on its feet. there will be no premium at all. But for So I think it is a good budget. I wish those Americans who will pay a pre- an important step towards learning we could reduce the deficit even more, mium, it is about $35 a month. about the events surrounding the ter- but it reduces the deficit in half by 4 The Department of Health and rible attacks that occurred in New years; the Senate version reduces it in Human Services, the nonpartisan ex- York and Washington, D.C. on Sep- half by 3 years. perts there, the Congressional Budget tember 11. Now we can prevent such Madam Speaker, I am actually here Office, again nonpartisan group, think events from ever happening again if we tonight to talk about another part of the vast majority of Americans will get the information that has been the budget, and that is the part that sign up. But they do not have to. It is withheld. leaves room to provide for a new ben- a voluntary program. But why is it that the Bush adminis- efit under the Medicare program for Opponents are also saying that this tration agreed to do the right thing prescription drug coverage. new voluntary benefit will cause em- only after receiving intense pressure After years and years of talking ployers to drop retiree coverage for from the public and from Republican about this in this House, over in the those fortunate enough to have it. appointees on the 9/11 Commission? other House, around the country, poli- Well, there are seniors, maybe a third Why does the White House time and ticians have had a good time telling of seniors, who have coverage from again fail to quickly and transparently seniors we are going to give you pre- their spouse or from themselves work- disclose what transpires behind its scription drug coverage, it is going to ing for an employer. We want to be closed doors? After all, who could pos- be great; but we have not delivered. Fi- sure those people continue to get cov- sibly provide better information in the nally, late last year, this House voted erage, and this legislation absolute has fight against terrorism than those top on a bipartisan basis to provide pre- just the opposite effect. It will not White House officials, those who served scription drug coverage, and I am very drive people away from it. In fact, it the administration during that fateful proud of that. will give people the ability to keep day on September 11? Is it perfect? No, it is not what any- that coverage because it provides an Remember, and we cannot forget, body would think would be the perfect incentive for employers to keep people that the Bush administration initially

VerDate mar 24 2004 01:13 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.051 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1763 tried to prevent Congress from creating passed out of this House and sent to ises we have made over and above our the independent commission in the conference. I am hoping that the kind ability to pay for it. first place. Since then it has failed to of frugal budget that we sent to con- I did this chart, this was also with hand over critical documents and fully ference is going to come back to this Tom Savings’ help, just to show that in cooperate with the commission’s stated House for a final budget of the House 16 years it is going to take 28 percent goal of providing a full and complete and the Senate. of our general fund budget to pay for account of the circumstances sur- One thing that the budget did not the makeup difference in Medicare and rounding the September 11, 2001, ter- deal with is unfunded liabilities. Un- Social Security. By 2030, it is going to rorist attacks, including preparedness funded liabilities are the promises that take almost 53 percent of the total for and the immediate response to the politicians make when they do not budget. attacks. Even more recently, the White know where the money is coming from So what do we do? How do we deal House refused to support the commis- in later years. Last week, the actuaries with this? Here is what this Congress, sion’s request for more time to com- of the Social Security Administration the House and the Senate and the plete its work. and the Medicare trust fund came up White House has done in the past. This To me, it seems like the White House with their estimates of unfunded liabil- is when we run short of funds in Social is less than enthusiastic about getting ities, and that is what this chart Security. to the bottom of these catastrophic shows. It should scare the heck out of It started out with 2 percent in 1940, events. As part of the deal struck for us. 2 percent of the first $3,000. It ran short allowing Dr. Rice to testify, the 9/11 The Social Security and Medicare of money, so in 1960 we raised it to 6 Commission had to agree in writing trustees have calculated that these percent of the first $4,800. In 1980, we not to require additional public testi- programs have $73.5 trillion in un- ran short again, so we raised it to 10.16 mony from any White House officials, funded liabilities. Now, if you divide percent of the first $26,000; and then in including Dr. Rice. The 9/11 Commis- the population of the United States, 2000, 12.4 percent of the first $76,000. In sion agreed to these terms, but this which is roughly 290 million, into that 2004, now, today, 12.4 percent of the deal means that regardless of what the $73.5 trillion, you end up with over a first $89,000. So what we have done is commission may learn in future quarter of a million dollars for every either reduced benefits, increased taxes months, no other White House official man, woman and child that somehow is or a combination of both. That is what will be allowed to publicly testify going to be responsible for paying for we did in 1983. under oath. these benefits over and above what we I just call on my colleagues and I call That is like an attorney asking a have promised because the money com- on the American people, Madam judge if half of the witnesses to a crime ing in from the FICA tax, and that Speaker, to ask their Members of Con- can skip the trial. It is a ridiculous FICA tax supports Social Security and gress what bill have you written, what concept. Medicare, over and above the money bill have you signed on to to make sure President Bush and Vice President coming in in revenues from that tax, that we keep Social Security and Medi- CHENEY will meet with the commis- we are still short $73.5 trillion. care solvent and not leave the total bill sion, although privately, and from b 1945 up to our kids? what I understand, will read their re- f marks without taking questions. This Medicare part A is short $21.8 tril- is very disappointing. I think the lion; Medicare part B, $23.2 trillion; The SPEAKER pro tempore (Ms. American people, and especially the Medicare part D, the drug program GINNY BROWN-WAITE of Florida). Under families of the victims of September 11, that we passed 4 months ago, $16.6 tril- a previous order of the House, the gen- deserve to know what their leaders lion. tleman from Oregon (Mr. DEFAZIO) is knew and when they knew it. It is interesting on the prescription recognized for 5 minutes. I remember when the country rallied drug bill that Tom Savings, one of the (Mr. DEFAZIO addressed the House. together in September and October of actuaries, estimated at the time it was His remarks will appear hereafter in 2001. These episodes of unity begin and passed that the unfunded liability the Extensions of Remarks.) end with the President. Tough times would be $7 trillion. His estimate now f is $16.6 trillion. call for strong leadership. It is once EXCHANGE OF SPECIAL ORDER again time for President Bush to lead The danger, of course, is that what this country forward, towards truth we are doing in effect is acting like our Mr. PRICE of North Carolina. Madam and reconciliation. He should help us problems are so important today that Speaker, I ask unanimous consent to grow as a people by being the very first it justifies taking the money of our replace the gentleman from Oregon person to volunteer himself for public kids and our grandkids that they have (Mr. DEFAZIO) on the list. testimony. He should avail himself and not even earned yet. The unfunded li- The SPEAKER pro tempore. Is there his staff to the 9/11 Commission so that abilities, in addition to the debt that objection to the request of the gen- we might learn something about our we are accumulating, now over $7 tril- tleman from North Carolina? past and protect ourselves for the fu- lion, is a huge liability to leave to our There was no objection. ture. kids. f The American people, Madam Speak- I am a farmer from Michigan. What er, deserve no less from their Com- we have traditionally tried to do is pay THE BUDGET mander in Chief. off the farm so that our kids had a lit- The SPEAKER pro tempore. Under a f tle better chance than we did. Instead, previous order of the House, the gen- The SPEAKER pro tempore. Under a we are now faced with a situation, and tleman from North Carolina (Mr. previous order of the House, the gen- here is my political take on it. Right PRICE) is recognized for 5 minutes. tleman from Texas (Mr. BURGESS) is now roughly 50 percent of the working Mr. PRICE of North Carolina. Madam recognized for 5 minutes. population pays less than 1 percent of Speaker, what would your nightmare (Mr. BURGESS addressed the House. the total income tax in this country. budget look like? Can you a imagine a His remarks will appear hereafter in What we have done is become more and budget that would cut support for the Extensions of Remarks.) more progressive with the easy flow of homeland security and small business language and justification to tax the development, that would do virtually f rich, but here is 50 percent of the popu- nothing to improve one of the most SOCIAL SECURITY lation that has little stake but to ask sluggish economic recoveries in Amer- The SPEAKER pro tempore. Under a candidates that are running for Con- ican history, that would break the Con- previous order of the House, the gen- gress for more government services tract with America by raising the debt tleman from Michigan (Mr. SMITH) is rather than less, and politically it has ceiling under cover of a budget resolu- recognized for 5 minutes. seemed to be to the advantage of poli- tion, that would balloon the debt and Mr. SMITH of Michigan. Madam ticians to make more and more prom- the deficit to previously unimagined Speaker, this is a good budget we ises. This represents how many prom- dimensions, and that would do all of

VerDate mar 24 2004 02:03 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.053 H31PT1 H1764 CONGRESSIONAL RECORD — HOUSE March 31, 2004 this less than 5 years before the first of from Ohio, just repeated that argument provide more than 40 percent of dis- the baby boom generation begins to re- on this floor tonight. aster-related mental health services tire? Some of those millionaires are small for the American Red Cross. Roughly Unfortunately, Madam Speaker, that business owners, but again the Repub- 600,000 social workers are dedicated to nightmare is a reality; and this reality lican budget shows the true motivation ensuring that people of all ages, creeds, has been created by the President and of our friends on the other side of the sexual orientations and nationalities the House Republican leadership. aisle. The Bush administration and the have access to information, resources In the face of the worst fiscal rever- Republican leadership have fought to and services. They often make all the sal in this Nation’s history, almost $10 zero out funding, in fact, for the Small difference in the world to individuals trillion since President Bush took of- Business Administration’s flagship 7(a) and families who might otherwise fall fice, the Republican response has been loan program that provides close to 30 through the cracks into hopelessness to propose more and more of the same percent of the long-term loans for and despair. Social workers measure failed policies. Finding themselves in a small businesses; and they zero out success by helping all those in need of hole, their motto is, just keep digging. countless other small business pro- basic services to achieve their goals on There is no clearer example of this grams like Microloans and others their own terms. than the phony pay-as-you-go proposal geared toward minority businesses. If, Often working behind the scenes, so- in the Republican budget that requires as the Speaker implied, the reason for cial workers are trained to address offsets for entitlement spending but tax cuts for millionaires was really to problems that some cannot see or not for tax cuts. help small businesses, why did it take issues that others hope will simply go Yesterday, Democrats and moderate an extended press and letter-writing away, drug addiction, family violence, Republicans came together and voted campaign orchestrated by the gentle- joblessness, homelessness, mental ill- to instruct the House-Senate budget woman from New York (Ms. ness, prejudice and many other condi- conferees to institute a real pay-as- VELA´ ZQUEZ), the ranking Democrat on tions which affect millions of people you-go proposal, akin to the one that the Committee on Small Business, to every day, leaving them with little brought us out of deficits and into sur- get the Republican leadership to fi- hope and few options. pluses in the 1990s. But, as has become nally back off of some of these cuts in According to the National Associa- standard operating procedure around Small Business Administration fund- tion of Social Workers, social workers help to open the doors of access and op- the House lately, when the vote did not ing? turn out the way the Republican lead- The answer, I am afraid, is obvious. portunity to those in greatest need ership liked, they kept that vote open The tax cuts were not meant to help through training and dedication. More- and began the arm-twisting; and after small businesses or to spur the econ- over, social workers also actively advocate for changes in policy and legisla- 28 minutes they had twisted enough omy. They were meant to provide a tion that strengthen the social safety arms to bring the vote to a tie and to windfall for the most fortunate among nets that make a critical difference to defeat this effort at sound budget pol- us. icy. Governing is about getting our prior- so many. Social workers have been at the fore- So now we are left with a budget in ities straight and taking the public front of many social movements. Some conference that would provide the trust seriously. Through the Spratt al- worst of both worlds. It sends us over of the pioneers who were actively in- ternative budget resolution, fiscally re- volved in creating social change in- the cliff fiscally while at the same time sponsible Democrats have made our radically reducing funding for edu- clude Dr. Dorothy Height, Jane Ad- priorities clear: fund the programs dams and Whitney Young. cation, the environment, transpor- America needs like education, health Dr. Height was not only a giant in tation, health care and law enforce- care, housing, homeland security and the civil rights movement, she also de- ment. safety net programs, balance our budg- veloped several model programs to Let me focus, Madam Speaker, for a et by freezing scheduled tax reductions combat teenage pregnancy, to address moment on what may come as a sur- for those making over $500,000 a year, hunger in rural areas, worked as a pro- prise to many Americans who have lis- and target tax cuts in ways that ben- ponent for AIDS education, imple- tened to the Republican leadership and efit ordinary Americans and stimulate mented a project to expand business the President spend a lot of time talk- our economy. ownership by women and to provide ing about homeland security and the There is still time, Madam Speaker, funds for vocational training, and importance of our first responders. for our colleagues to wake up and re- much more. She received a Congres- This budget shows that talking is ject the Republican nightmare budget sional Gold Medal last week in recogni- about all they are willing to do for our and to pass a budget that points to a tion of these works as one of the pre- first responders, our police, our fire de- brighter future. House-Senate con- eminent social and civil rights activ- partments, our medical personnel. ferees could start by adopting real pay- ists of her time. In addition, she was The Republican budget makes sig- as-you-go rules. I urge them to gauge awarded the Medal of Freedom, the Na- nificant cuts in Homeland Security and the House’s true sentiment and do just tion’s highest civilian distinction, by Department of Justice funding for first that. President Bill Clinton in 1994. In fact, responders that results in an overall f she has been acknowledged for her reduction in funding for our police of 33 leadership by every President since percent, with a 50 percent reduction in IN HONOR OF SOCIAL WORK MONTH Franklin Delano Roosevelt. funding for police in smaller cities and Jane Addams, another great social rural areas. They also cut funding for The SPEAKER pro tempore. Under a worker who built Hull House, which is firefighters by one-third at a time previous order of the House, the gen- in Chicago in my district; Whitney when the Federal Emergency Manage- tleman from Illinois (Mr. DAVIS) is rec- Young, former president of the Na- ment Agency is reporting that over ognized for 5 minutes. tional Urban League, and the list goes two-thirds of fire departments in this Mr. DAVIS of Illinois. Madam Speak- on and on and on. country operate with staffing levels er, I rise today in observance of Social In addition, there are several social that do not meet the minimum safe Work Month. Since 1984, March has of- workers who serve in our body, individ- staffing levels required by OSHA and ficially been designated as a month to uals who were engaged as social work- the National Fire Protection Associa- acknowledge and recognize that social ers before being elected to Congress: tion. workers make meaningful and humani- Representatives SUSAN DAVIS, BARBARA The Speaker yesterday concluded the tarian differences and contributions to LEE, CIRO RODRIGUEZ and ED TOWNS, as debate on the budget resolution by say- people in communities all over the well as Senators BARBARA MIKULSKI ing the reason it was important to cut world. and DEBBIE STABENOW. All of these in- taxes for millionaires was because mil- According to government health sta- dividuals have made tremendous dif- lionaires are the small business owners tistics, 60 percent of the Nation’s men- ferences. who are creating all the jobs in this tal health services are delivered by so- I simply come, Madam Speaker, to country. Our friend, the gentleman cial workers. Trained social workers commend those who engage themselves

VerDate mar 24 2004 02:03 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.058 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1765 in the profession of social work, recog- Just 3, 4 years ago we were on the right we have that on the books; but we are nize the great achievements and ac- track. We had spending under control. ignoring it. In 2001 when this adminis- complishments that they have made We had revenues coming in. We had tration started, there was a debt limit and urge we recognize their importance budgets that were heading towards bal- substantially lower than where it is. to our society. ance. We had debt ceilings that were I want to say one thing in conclusion. f low relative to GDP. A vote for the budget is a vote to in- The SPEAKER pro tempore. Under a b 2000 crease the debt limit. We have voted to increase the debt limit. We have not previous order of the House, the gen- How did we arrive here? Well, the tleman from Texas (Mr. HENSARLING) is taken a separate vote. So when people first thing we did is pretty obvious. We ask their Member of Congress, did he recognized for 5 minutes. consistently reduced revenues while in- (Mr. HENSARLING addressed the or she vote for the budget resolution, if creasing expenses. What do we expect the answer is yes, they voted for a sub- House. His remarks will appear here- when we do that over a period of years? after in the Extensions of Remarks.) stantial increase in the debt limit. Do Second, though, we did not have basic not hide it. Let us be honest in our f rules to live by. When we are talking budgeting. Let us do this right. The SPEAKER pro tempore. Under a about whether to increase this par- previous order of the House, the gen- ticular program or increase this par- f tleman from Michigan (Mr. CONYERS) is ticular tax or reduce this particular The SPEAKER pro tempore (Ms. recognized for 5 minutes. tax or reduce this particular program, GINNY BROWN-WAITE of Florida). Under (Mr. CONYERS addressed the House. we can talk about that program or that a previous order of the House, the gen- His remarks will appear hereafter in tax all we want, but it has got to fit tlewoman from Florida (Ms. ROS- the Extensions of Remarks.) into a big picture. And those are rules LEHTINEN) is recognized for 5 minutes. (Ms. ROS-LEHTINEN addressed the f to live by; and if we live within those rules within that box, we end up with House. Her remarks will appear here- THE NATIONAL BUDGET balanced budgets because we make de- after in the Extensions of Remarks.) The SPEAKER pro tempore. Under a cisions that are related to each other. f previous order of the House, the gen- And, third, the rules that we did The SPEAKER pro tempore. Under a tleman from Hawaii (Mr. CASE) is rec- have, we ignored. We talked at length previous order of the House, the gen- ognized for 5 minutes. about the first consequence. We have tleman from California (Mr. FILNER) is Mr. CASE. Madam Speaker, here we talked about that for many years now. recognized for 5 minutes. go again. Here we are to talk about a I think it is finally sinking in. We can- (Mr. FILNER addressed the House. subject our majority colleagues and not both slash revenues and increase His remarks will appear hereafter in our administration do not want to talk expenses and expect everything to be the Extensions of Remarks.) about. They are hoping it will just go okay; and yet that is what the budget f away. That subject is our national we just passed and sent into a con- budget or, more directly, the conference with the Senate does. ORDER OF BUSINESS spicuous lack thereof. Yesterday, we talked at length about Mr. POMEROY. Madam Speaker, I Madam Speaker, my constituents ask the second part of it, rules that have ask unanimous consent to take my me all the time, what do I think is the worked in the past and that we no Special Order at this time. most important challenge facing our longer have, PAYGO. PAYGO, a very The SPEAKER pro tempore. Is there country? What is the one thing that we simple concept that we pay as we go. objection to the request of the gen- have to work on more than anything That as we reduce in one area, we have tleman from North Dakota? else? I can reply to them, in all hon- to increase in another area. We talked There was no objection. esty and candor and directness, that it about consequences that when we re- f is the very solvency of their Federal duce over here, there is a consequence Government. that has to be addressed over here. OUR NATIONAL DEBT Why should that be? Why is it not That is what balance is. This is bal- Mr. POMEROY. Madam Speaker, I the economy? Why is it not education? ance. Those rules set the boundaries want to follow up on comments re- Why is it not our deteriorating rela- for what we could do. PAYGO, that is cently advanced by my colleague from tionship with the rest of the world? what this House just rejected yester- Hawaii, someone who has so quickly Why is it not Social Security? day on a vote of 209 to 209. That is what thrown himself, tried to make some The reason is simple. Without a the Senate has done. I support the Sen- sense of them, and I appreciate very strong fiscal underpinning, we cannot ate and praise the Senate for its ac- much the gentleman’s conclusions. do everything or anything else. We can tions to institute PAYGO, and I beg We have got a runaway debt. We have have a great old talk, we can have a those conferees going in on behalf of got a very serious financial situation great old debate, but unless the fiscal the House to do the right thing. facing this country. solvency of our country is strong, we But today I want to address the third We are all familiar with the concept are not going anywhere. Put another part of it, rules that exist today that of credit card limits. Maybe we get way, unless we take care of today, our are not followed. We have under our pretty little limits. Maybe we get even children will not be able to take care of system a debt ceiling. It is designed as generous limits. But somewhere there tomorrow. a check and balance. It is designed to is a limit on how much money we can We think we all know now, do we not, make each one of us stand up and say run up on our credit card. that we are in pretty bad shape? In that no matter how much debt we ac- The Nation, similarly, Congress es- fact, we are in real bad shape; and we cumulate because of the decisions, no tablishes the limit, the credit card are going downhill fast. The largest matter how reckless, no matter how ir- limit, for the Federal Government. We deficits we have ever seen, no end in responsible, for that matter, we have do that by a vote of Congress, how sight, debt going up, interest rates to vote separately to increase the total much money we are allowed to borrow going up, irresponsible budgeting, like debt that we collectively carry through as a country. And we have got a limit going out only 5 years of a budget when our U.S. Government. And that is what of $7.384 trillion, $7.384 trillion. We are we know that the big expenses come in we are doing. We are carrying debt. allowed to borrow that much as a Na- the sixth year. When we run deficits year after year tion. And we all know that the budget after year, the money does not just That might give one pause. One passed by this House just a week ago grow out of nowhere. It does not grow might wonder how in the world are we by a mere three-vote margin is not on trees. It is not found in a stash going to get that debt paid off before going to solve that problem. In fact, it somewhere. We borrow it. We issue we all leave the workforce, retire, and is going to worsen it. notes, bonds. We take it out of trust turn the country over to our children. How did we get here? How did we ever funds. We borrow it. And the total Surely it would not be fair to leave our allow ourselves to come to this place? amount is supposed to be limited, and children with this debt.

VerDate mar 24 2004 02:03 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.059 H31PT1 H1766 CONGRESSIONAL RECORD — HOUSE March 31, 2004 As bad as this credit card limit is, as And that is why they want to raise the uary 7, 2003, the gentleman from Michi- troubling as it ought to be to all of us, debt, and that is why their budget gan (Mr. HOEKSTRA) is recognized for 60 $7.384 trillion, I have got very bad news should be rejected. We owe it to our minutes as the designee of the major- for the Members. In the budget con- children to get our Nation’s finances ity leader. ference presently underway in the bow- back on track. Mr. HOEKSTRA. Madam Speaker, to- els of the Capitol, there will be an addi- f night I would like to spend a few min- tional borrowing authority added to The SPEAKER pro tempore. Under a utes talking about an update on a situ- this country. The bill, the budget bill, previous order of the House, the gen- ation on the various inquiries as to what happened before 9/11. Most impor- to come out of conference to be voted tleman from New Mexico (Mr. PEARCE) on by the House of Representatives, is recognized for 5 minutes. tantly, the work that they are doing is will raise the credit card limit for our (Mr. PEARCE addressed the House. taking a look at putting together a se- Nation. We do not know how much be- His remarks will appear hereafter in ries of recommendations that will en- cause no one is talking about this in the Extensions of Remarks.) able us to improve our intelligence ca- public. No one wants the American pabilities and improve our response ca- people to realize that $7.384 trillion is f pabilities into the future. not enough, that we are going to raise The SPEAKER pro tempore. Under a As I was listening to some of the ear- it even more by $1 trillion, more by $2 previous order of the House, the gen- lier speakers, someone said when that trillion. One projection that we have tleman from Illinois (Mr. EMANUEL) is happens and these inquiries present seen from the majority would take the recognized for 5 minutes. their work and they make their rec- credit card limit of this Nation over $10 (Mr. EMANUEL addressed the House. ommendations and then Congress, of trillion. His remarks will appear hereafter in course, will have the opportunity to re- One of the things I think that is lost the Extensions of Remarks.) view those recommendations and we in financial debates is these numbers f may or may not implement them, the get too big and one really does not The SPEAKER pro tempore. Under a comment then was made: and then we know what they mean. They are just previous order of the House, the gentle- know that an event like 9/11 will never enormous. I went recently to an in- woman from Ohio (Ms. KAPTUR) is rec- happen again. struction course on how to teach math- ognized for 5 minutes. As much as I would like to endorse ematics. And the presenter said 1 tril- (Ms. KAPTUR addressed the House. that comment, I do not believe it is ac- lion, do we know how many seconds are Her remarks will appear hereafter in curate. On 9/11 we, as a Nation, were in 1 trillion? If we took 1 trillion sec- the Extensions of Remarks.) surprised; and I believe that in the fu- onds, we would go back in time 16,000 f ture, regardless of the recommendations that come forward, regardless of years. So obviously 1 trillion is a stag- The SPEAKER pro tempore. Under a how effectively we implement them, we gering number, and we are now finding previous order of the House, the gen- that, under the budget plans of the ma- will be surprised again. tleman from Florida (Mr. DAVIS) is rec- Let me just lead up to 9/11 and out- jority party and the administration ognized for 5 minutes. line some of the things. What do we that drive this national debt ever high- (Mr. DAVIS of Florida addressed the know today? We know this: that in er, $7.384 trillion is not enough. I think House. His remarks will appear here- March of 2003, the United States, we the American people had better say it after in the Extensions of Remarks.) is enough. led a coalition of over 30 countries in We do not as families, we do not as f Operation Iraqi Freedom. The action families plan our financial affairs The SPEAKER pro tempore. Under a was undertaken as a last resort. Iraq where mom and dad run up the credit previous order of the House, the gen- had been in noncompliance or material cards, happily thinking the kids will tleman from California (Mr. BACA) is breach of 16 U.N. Security Council res- pay them off. I know of families that I recognized for 5 minutes. olutions spanning a period of 12 years represent much like the family that (Mr. BACA addressed the House. His to remove the threat posed by Saddam raised me, just an awful lot of sacrifice remarks will appear hereafter in the to his people, the Gulf region, and the in the mom and dad to leave things Extensions of Remarks.) world. better for the kids, not tipping it on its f A couple of things I really want to head where we really do not care what The SPEAKER pro tempore. Under a point out here is that some have said happens afterwards, after we are gone. previous order of the House, the gen- this was an initiative by the Bush ad- If that is how we operate as families, tleman from Ohio (Mr. STRICKLAND) is ministration, and later on I will go as moms and dads worrying about recognized for 5 minutes. through some of the quotes by the pre- making things better for our children, (Mr. STRICKLAND addressed the vious administrations and also the doc- why should this Nation representing House. His remarks will appear here- umentation and the data that shows all the moms and dads in this country after in the Extensions of Remarks.) that throughout the 1990s, the adminis- be running it a way so significantly dif- tration, Congress, and others saw Sad- f ferent? Why should this Nation run up dam Hussein and Iraq as a threatening The SPEAKER pro tempore. Under a a debt like there is no tomorrow? Be- menace to his own people, to the re- previous order of the House, the gentle- cause there is a tomorrow, and it will gion, and to the world. A consistent woman from Texas (Ms. EDDIE BERNICE be our children’s tomorrow, and our pattern. JOHNSON) is recognized for 5 minutes. children’s tomorrow will be diminished Saddam Hussein’s Iraq was a con- (Ms. EDDIE BERNICE JOHNSON of by the fact that this generation is re- stant and immediate threat to his Texas addressed the House. Her refusing to pay its way. neighbors in the Gulf region. And what I am going to vote against the budget marks will appear hereafter in the Ex- did Saddam do in the Gulf region? that comes out of conference because I tensions of Remarks.) Under Saddam, Iraq fought a decade- believe it is wrong, absolutely wrong, f long war against Iran and launched an to raise the borrowing limit for this The SPEAKER pro tempore. Under a unprovoked invasion of Kuwait. After country, leaving more debt for our previous order of the House, the gen- Iraq’s defeat in the Gulf War in 1991, children, when there is no plan any- tleman from Maryland (Mr. WYNN) is Iraq rebuilt its military strength and where in terms of how we ever get out recognized for 5 minutes. continued to use the threat of military of this mess. (Mr. WYNN addressed the House. His action in attempts to intimidate neigh- The minority advanced a plan that remarks will appear hereafter in the boring countries. brought us to a balanced budget in Extensions of Remarks.) The pattern is pretty clear. In the re- about 8 years. Some might think that f gion Saddam Hussein treated his neigh- is just not fast enough. That was a very bors brutally. With his own people we difficult task. That is how far in the IRAQ AND SADDAM HUSSEIN know that Saddam Hussein was a mass hole we now are. But the majority The SPEAKER pro tempore. Under murderer. We removed that capability budget does not have any plan at all. the Speaker’s announced policy of Jan- from him. The day we hauled him out

VerDate mar 24 2004 02:03 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.066 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1767 of that spider hole, he no longer had very kind of threat Iraq poses now: a maintain his capacity to produce and the capability to again be a mass mur- rogue state with weapons of mass de- stockpile chemical and biological derer. He was a mass murderer and will struction, ready to use them or provide weapons. If we bomb Iraq again, he be held accountable for the crimes them to terrorists who travel the would be right back at it, claiming vic- against his neighbors and the crimes world. If we fail to respond today, Sad- tory for standing up to the U.S., but no against his own people. dam will be emboldened tomorrow by longer under the watchful eye of It is estimated that somewhere be- the knowledge that they can act with UNSCOM’s cameras.’’ tween at least 400,000 and perhaps 1.2 impunity.’’ Another statement in 1998 from a col- million Iraqis were killed by his brutal ‘‘I have no doubt he would use them league in the other body: ‘‘Saddam regime. His security service is respon- again if permitted to develop them,’’ Hussein’s weapons of mass destruction sible for the disappearance of thou- another quote from the same speech. programs and the means to deliver sands of Iraqis, hundreds of thousands One of the disappointing things that them are a menace to international of Iraqis, perhaps millions, who ended has happened, especially in the last few peace and security. They pose a threat up in mass graves. And his military weeks, is that people are trying to re- to Iraq’s neighbors, to U.S. forces in used chemical weapons not only write history, rewrite who did what. the Gulf region, to the world’s energy against Iran, but also against Iraqi President Bush after 9/11 did not go supplies and to the integrity and credi- citizens. For over a decade prior to Op- back and collect these comments from bility of the United Nations Security eration Iraqi Freedom, Iraq was on the the previous President and did not go Council.’’ 1998. U.S. State Department’s list of state back and measure those comments Another quote from the other body: sponsors of terrorism. Saddam’s regime versus the actions that were taken. ‘‘We are here today to affirm that we attempted to assassinate former Presi- The President said we need to move and the American people stand with dent Bush in 1993. forward. We are at war. We do not have the President and the international the time and the energy to look back community in an effort to end Iraq’s b 2015 and to try to point a finger or identify weapons of mass destruction programs His security intelligence services a single individual or group of individ- and preserve our vital international in- maintained strong links to inter- uals who failed. terests.’’ national terrorist groups. Prior to the The President recognized exactly the The rules of the House prohibit me Gulf War, Iraq amassed an arsenal of type of threat that we faced, the same from mentioning the names of those in- chemical and biological weapons, and type of threat that Bill Clinton identi- dividuals who made those quotes, but it possessed an advanced nuclear weap- fied in 1998, a rogue state with weapons it is very interesting to see exactly ons program. After the Gulf War, de- of mass destruction, ready to use them who they are and the clarity with spite the U.N. inspections that contin- or provide them to terrorists. Maybe which they identify the threat Saddam ued through 1998, the United States, the terrorists on 9/11 used a weapon of Hussein and others posed to the United along with the United Nations and mass destruction that was different States. many individual countries, such as than what we expected when they Bill Clinton, February 18: ‘‘In this Germany and France, assessed that crashed planes into buildings, but there century we learned through harsh ex- Iraq continued to possess and develop is no doubt that there was a consistent perience that the only answer to ag- weapons of mass destruction. theme that already identified this gression and illegal behavior is firm- Post-Operation Iraqi Freedom, the threat in the 1990s. ness, determination and, when nec- evidence shows that Saddam, in con- But our President said it is impor- essary, action. In the next century, the travention of Iraq’s responsibilities tant to recognize that we are at war, community of nations may see more under multiple United Nations Secu- and we need to get on a full-scale foot- and more the very kind of threat Iraq rity Council resolutions, continued to ing to combat this war and to win this poses now; a rogue state with weapons maintain elements of his weapons of war, and we are not into the blame of mass destruction, ready to use them mass destruction programs and had a game. What we have seen in the last 2 or provide them to terrorists, drug clear goal to rebuild these programs. to 4 weeks is, I believe, people starting traffickers or organized criminals who It is clear: Iraq and Saddam Hussein to use this and trying to use it for par- travel the world among us unnoticed.’’ proved an evil menace to his own peo- tisan benefit. This issue is too impor- Here is an interesting quote. A critic ple, to the people in the Gulf and to the tant and too critical to the future of of the President, a critic of the first rest of the world. It is not brand new. this country for it to be used as a par- President George Bush. It seems some As we go through this, there is a bi- tisan weapon. people are never happy. I believe this is partisan consensus as to what this I think that President Bill Clinton in a quote from the candidate at that looked like. February 17, 1998, this is a the 1990s had it right. He understood time for Vice President, Mr. Al Gore. speech that President Bill Clinton the threat. President Bush looked at This is where Vice President Gore, Sen- gave: ‘‘Iraqi agents have undermined the work that was done by President ator Gore at that time, was talking and undercut U.N. inspectors. They Bill Clinton and, after 9/11 had the op- about Saddam Hussein: ‘‘He had al- have harassed the inspectors, lied to portunity to look through it through ready launched poison gas attacks re- them, disabled monitoring cameras, the lens of 9/11, and decided it was nec- peatedly and Bush looked the other literally spirited evidence out of the essary to take a much stronger posi- way. He had already conducted exten- backdoors. And talking about the dif- tion and a much stronger role than sive terrorism activities and Bush ferent types of predators of the 21st what had ever been contemplated be- looked the other way. He was already century: ‘‘They will be all the more le- fore, although even early in 2001, before deeply involved in the effort to acquire thal if we allow them to build arsenals 9/11, President Bush had indicated that nuclear weapons and other weapons of of nuclear, chemical and biological it was time to take a look at our strat- mass destruction; and Bush knew it, weapons and the missiles to deliver egy and see if we should be more ag- but he looked the other way. Well, in them. We simply cannot allow that to gressive. my view, the Bush administration was happen. There should be no doubt, It was not only the President, but acting in a manner directly opposite to Saddam’s ability to produce and de- Members of Congress identified this what you would expect with all of the liver weapons of mass destruction threat. People are looking at people evidence it had available to it at the poses a grave threat to the peace of and saying, why did we not do this or time. Saddam Hussein’s nature and in- that region and the security of the that? Here are some quotes from the tentions were perfectly visible.’’ Were world. There is no more clear example other body: perfectly visible. of this threat than Saddam Hussein’s ‘‘If Saddam Hussein had nothing to You wonder if you went through this Iraq. His regime threatens the safety of hide, why would he have gone to such quote and used it shortly after 9/11, you his people, the stability of his region lengths to prevent the U.N. inspectors could have written it something like and the security of all the rest of us. In from doing their job? There is no doubt this: President Clinton and Al Gore the next century, the community of that since 1991 Saddam Hussein has knew that al Qaeda had already nations may see more and more the squandered his country’s resources to launched attacks against the World

VerDate mar 24 2004 02:03 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.075 H31PT1 H1768 CONGRESSIONAL RECORD — HOUSE March 31, 2004 Trade Center in 1993, but the Clinton Vice President Gore, May 23, the year ons into the United States and unleash Administration looked the other way. 2000. a devastating attack against our citi- Al Qaeda and terrorist organizations b 2030 zens. I fear that greatly. had already attacked our embassies in Madam Speaker, it is pretty amaz- Africa, but the Clinton Administration They hear us talking about what the policy was, and I think it was estab- ing, the unanimity between various looked the other way. sides of the aisle, the executive and the Al Qaeda or terrorist organizations lished a couple of years earlier. But here is what the then Vice President legislative branches, as to the threat were deeply involved in the effort to posed by terrorism in the 1990s and the attack our barracks in Saudi Arabia. says about the policy of the Clinton administration. We have made it clear characterization and the threats posed The Clinton Administration knew it, by Saddam Hussein. but they looked the other way. that it is our policy to see Saddam They knew that al Qaeda or terrorist Hussein marginalized? That is not the Here is another quote: As the attacks organizations were involved in the at- word that is used. Contained? No. Re- of September 11 demonstrated, the im- tack on the USS Cole, but they looked formed? No. We have made it clear, mense destructiveness of modern tech- the other way. that is, the Clinton administration has nology means we can no longer afford Al Qaeda, bin Laden, their intentions made it clear, that it is our policy to to wait around for a smoking gun. I do were perfectly clear, but can it be said see Saddam Hussein gone. That was the believe Iraq poses an imminent threat. that the Clinton administration just policy of the United States prior to a I also believe that, after September 11, looked the other way? I am not sure new administration coming into office, that question is increasingly outdated. that that is a fair characterization. prior to 9/11, because it was stated dur- It is in the nature of these weapons As I said, the attacks on 9/11 were a ing the Clinton administration. that he has and the way they are tar- surprise. But if you take the language It goes on: We have maintained sanc- geted against civilian populations that that was used against then-President tions in the face of rising criticism documented capability and dem- George Bush in 1992 and apply it short- while improving the Oil For Food pro- onstrated intent may be the only warn- ly after 9/11 to what happened during gram to help the Iraqi people directly. ing we get. To insist on further evi- the 1990s and the statements that were And just as a sidebar, while improving dence could put some of our fellow made and the inconsistencies, you won- the Oil For Food program, we found Americans at risk. Can we afford to der why there was not more action out now, as the details have come take that chance? I do not think we taken. back, that that was one of the greatest can. You have heard the quotes from var- rip-offs ever. It was used to fund weap- That was the unanimity that we saw ious Members in the other body. You ons acquisition, it was used to fund in 2002, it was the unanimity that we have heard the quotes of then-Presi- palaces and to build runways in the saw in the late 1990s, and over the last dent Bill Clinton, of candidate Al Gore. middle of nowhere in Iraq. 4 to 6 weeks, folks have been trying to Madeleine Albright, November 16, Going on with this quote: We have rewrite history in saying, no, no, I was 1997: ‘‘Hussein’s weapons will not dis- used force when necessary, and that not there. That is not where I was in criminate if and when they are used, has been frequently, and we will not let 1990. That is not where I was in 1998. and therefore it is important for the re- up in our efforts. We will not let up. We That is not where I was in 2002. As a gion to understand he is a threat. Our will not let up in our efforts to free matter of fact, the only person that adversaries are unlikely to avoid,’’ and Iraq from Saddam’s rule. Should he has messed up in this whole thing is here she is talking about under- think of challenging us, I would strong- the current administration. And that is standing the threat of terrorism, ‘‘our ly advise against it. As a Senator, I utterly false. There was a consensus, adversaries are likely to avoid tradi- voted for the use of force. As Vice and what is now happening, and what I tional battlefield situations because President, I supported the use of force. am concerned about is that when we there American dominance is well es- If entrusted with the presidency, my are at war, and that is where I think tablished. We must be concerned in- resolve will never waiver. we are, we are a nation at war. stead of weapons of mass destruction Madam Speaker, the statements go Madam Speaker, I see my colleague, on. Those are the statements in the and by the cowardly instruments of the gentleman from Indiana (Mr. BUR- 1990s. What about in 2002? sabotage and hidden bombs. These un- TON) has joined me, and I yield to him. conventional threats endanger not only Again, some of my colleagues, and our Armed Forces, but all Americans here is a quote from the presumed Mr. BURTON of Indiana. Madam and America’s friends everywhere.’’ Democratic nominee for President: I Speaker, first of all, I was watching the Here is a very clear statement. believe the record of Saddam Hussein’s gentleman on television and I agreed Again, some folks are trying to rewrite ruthless, reckless breach of inter- with so much of what he said, in fact, history saying everything was done national values and standards of behav- everything that the gentleman said. during the 1990s. I am not sure it was. ior, which is at the core of the cease- But one of the things that concerns me We will talk about that a little more. fire agreement, with no reach, no is, while I was watching the gentleman They are also saying the strategy to stretch is cause enough, is cause on television, I was also watching CNN eliminate Saddam Hussein was recent, enough for the world community to and Fox and watching the news reports that it was not policy of the United hold him accountable by use of force, if on what happened in Fallujah in Iraq States. necessary. Senator JOHN KERRY, Octo- today. And some of the people who May 23, remarks by Vice President ber 9, 2002. have been commenting on what hap- Gore: ‘‘Despite our swift victory and Here is another quote from one of his pened have said, we really out to re- our effort since the Gulf War, there is colleagues: But that isn’t just a future evaluate, we ought to pull our troops no doubt in my mind that Saddam Hus- threat. Saddam’s existing biological out, and they are talking in a way that sein still seeks to amass weapons of and chemical weapons capabilities pose will give aid and comfort to the en- mass destruction.’’ real threats to America today, tomor- emies of the free world, not just the People talk about the intelligence row. Saddam has used chemical weap- United States, but the free world, and being cooked up. The intelligence ons before, both against Iraq’s enemies that concerns me a great deal. maybe, and we know, was not every- and against his own people. He is work- President Bush is doing the right thing we wanted it to be; but it was not ing to develop delivery systems like thing, as the gentleman has stated, in cooked up. ‘‘Saddam Hussein still seeks missiles and unmanned aerial vehicles fighting this war against terror and to amass weapons of mass destruction. that could bring these deadly weapons terrorism and terrorists. This is a You know as well as I do,’’ what a against U.S. forces and U.S. facilities world war. And the American people statement, ‘‘you know as well as I do in the Middle East. He could make and my colleagues and the media need that as long as Saddam Hussein stays these weapons available to many ter- to realize, this is a world war not unin power, there can be no comprehen- rorist groups, third parties which have like what we faced in World War I, sive peace for the people of Israel or contact with his government. Those World War II and so forth. The dif- the people of the Middle East.’’ This is groups in turn could bring those weap- ference is it is a guerilla-type war

VerDate mar 24 2004 02:03 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.078 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1769 being fought by fanatics who use peo- in there and go house to house and get CNN. He said, we finally turned it ple as bombs, who blow up innocent ci- take those weapons away to pacify off, because what we saw on CNN had vilians and kill people, and they are that area. And anyone who has a gun, absolutely no relationship to what we not going to go away. arrest them. And anyone who uses were seeing in Iraq. Mr. HOEKSTRA. Madam Speaker, I weapons in the commission of a ter- The gentleman from Indiana and I thank the gentleman for joining me, rorist attack or a crime, arrest them, are not denying that these five Ameri- because I wanted to talk about exactly get them out of there, and let the peo- cans died today. That happened, and it that, and I feel fine going there. ple know over there that we are going is tragic, and it is sad. We are not de- Because, as the gentleman may re- to do what is necessary to free them nying that the four foreigners and the member, a couple of weeks ago, maybe from the terrorist influence. And if we rioting and the mob scene in Fallujah, a couple of months ago, we got this do not do that, then we are going to that happened. But, at the same time, Dear Colleague memo talking about continue to encourage them. in much of Iraq today, and the soldier the new strategy, and I would just So I would say to the President if he quoted to me. He said, I think 98 per- highlight it tonight. Because what we were listening tonight, and he may cent of the people are there with us, saw today, and it is tragic, the loss of very well be or his advisors, let us let and they are working with us, and they American lives, the loss of the foreign our troops go in there and pacify that never get any coverage. civilians in Iraq and what they did area. Let us send a very strong signal I yield to my colleague. Mr. BURTON of Indiana. Madam with the bodies. But we should have to the terrorists and their affiliates Speaker, when I watched the media a known. Again that phrase, ‘‘we should over there that we are not going to while ago, they showed the people dem- have known.’’ stand still and let American citizens be onstrating in Fallujah and the cars Because here is what Zarkawi said. killed or let American military per- burning and the people waving the vic- ‘‘Someone may say that in this matter sonnel be killed. tory sign and everything. I was there. we are being hasty,’’ remember, this is It is extremely important that this The gentleman was there. That is the their document outlining the strategy signal be sent and sent now, because if we start listening to the liberals and minority of the people. And the media of the terrorists against our forces and continues to focus on that, instead of against the forces that want to move the media who say, pull in our horns, let us start regressing and getting out the things that are being accomplished; forward in Iraq, ‘‘that we are being and that really, really bothers me. hasty and rash in leading the Islamic of there, then what is going to happen is there is going to be a green light to The other thing is, we have lost nation into a battle for which it is not about 500 troops over there, and that is ready, a battle that will be revolting,’’ the terrorists and we are going to have a hell of a problem. terrible. We do not want to see one I mean the acts of today, dragging the young American maimed or die. But bodies and hanging the bodies is revolt- Mr. HOEKSTRA. Madam Speaker, if the gentleman will yield, the gen- what happened in World War II is that ing, ‘‘will be revolting and in which 50 million people were killed worldwide blood will be spilled. This is exactly tleman and I have probably both talked to a lot of our soldiers from our dis- because we let a war get out of hand. what we want, since right and wrong tricts who have been in Iraq. We have an opportunity right now to no longer have any place in our current Mr. BURTON of Indiana. And the win this war on terrorism and to stop situation.’’ gentleman has been to Iraq, and so the terrorists and to send a very, very He predicted. This is exactly, what have I. strong signal to them. It is a war that we see today is exactly the strategy, Mr. HOEKSTRA. Yes, on three dif- is going to go on for a long time. But because they believe that that is the ferent occasions. if we do not send the right signals to way that they can beat us, if they are It was interesting, I talked to one of them right now, they will be encour- revolting, spill blood, and right and my soldiers today. He was back in a aged, in my opinion, and we will see wrong makes absolutely no difference. small town in my community of New more death take place that would not I yield back to the gentleman. Era, Michigan. He just came home be necessary if we did the right things Mr. BURTON of Indiana. Madam after just about a full year in Iraq. He now. Speaker, they saw what happened in told me what was going on and what Mr. HOEKSTRA. Madam Speaker, if Somalia when Black Hawk Down hap- the highlights were. He told me that he the gentleman will yield, I think the pened, and the previous administration had been sent into a small community gentleman and I are in total agreement did exactly what they wanted them to of 15,000 people, I think right near that if at this point in time we step do, and that was to pull out. Kirkuk, and I said, hey, you kind of back, the terrorists will have won. And that does not mean that the terrorists Now, that was an encouragement, I acted as mayor, because he was the will go back to their home in Afghani- believe, to the terrorists around the governing authority. We know the stan or in the remote regions of Paki- world at that point. Now we are in a strategy. We send our troops in, and stan and say, well, chalk one up for the world war against them. The President they are not always fighting. He said, has made a commitment to free the bad guys. They will say, let us now go that is exactly what I had the oppor- back, and they will say, yes, it works. world from terrorism and to protect tunity to do. He said, we rebuilt that the American citizens against another Mr. BURTON of Indiana. Yes. Let us community from nothing. And he said, back them up in New York or some- attack like 9/11. the people are thrilled that we are If we want to encourage the terror- place else. there; and they are looking for us to Mr. HOEKSTRA. Let us go attack ists, and I say this to my colleagues leave, because they want their country and to the news media and everybody them in New York and what we will back. now have is we will now have a safe else, if we want to encourage the ter- Then we had a very good dialogue rorists, what we need to do is pull out haven. We can plan out our attacks and back and forth. we can work on our schedule and when and give them the green light to con- Then I did ask him, I said, okay, you it is appropriate to attack, we will at- tinue to use this kind of terrorist tac- have your Congressman on the phone. tack. We will now have a safe haven to tic to dissuade the free world from You are going back. You are going to develop chemical weapons, biological fighting against this terrorist activity be in the country for a couple of more weapons, and it is kind of like that is and we are going to let them have the weeks, but you are leaving west Michi- one direction, backing off. run of the field. That is something that gan later on this week, and in a couple That is not where we can go. We need we cannot do, we must not do. This is of weeks you will be back in Italy. I these folks to wake up every morning a war that the free world and the asked him, I said, you have your Con- and the first thing that they have to United States cannot lose. gressman on the phone. What do you fear is that an American helicopter or Toward that end, regarding Fallujah want to tell your Congressman? American Special Ops force is going to and what happened in the last couple of He said, you know, can you do any- come through their door. days and the terrorist attacks in Iraq, thing about the news media? what we need to do, and I would say Mr. BURTON of Indiana. Yes. b 2045 this if the President were here tonight, Mr. HOEKSTRA. Because he said, Or that a missile is going to come what we need to do is let our troops go when we were in Iraq, he said, we could from somewhere up in the sky from a

VerDate mar 24 2004 02:03 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.079 H31PT1 H1770 CONGRESSIONAL RECORD — HOUSE March 31, 2004 Predator, and they are never going to I think that we were all in this to- schools, he is going all over his com- see it coming. gether. We recognized the risk during munity telling them about what he did We saw that a war on terrorism can the 1990s; and Congress and the execu- and what America did in Iraq. He is be won. I mean, who would have tive branch, I think, did not take proud of it. He says, I am doing it be- thought that our colleague, the gen- enough direct action. And so we can go cause nobody else is. We are not get- tleman from Pennsylvania (Mr. back. But I think the criticism should ting any help from the media. I am WELDON), would address the General be why did America not act earlier going out and I am telling the story be- People’s Congress of Libya? Who would against bin Laden and against these cause I was there. have thought that 3 months ago? I threats in a more decisive way? Be- And has my colleague been to Iraq? think that happened within the last 4 cause the pieces were out there that Mr. BURTON of Indiana. Madam years that our colleague was over said these folks are a threat, and it is Speaker, yes, I was there about 3 weeks there. only a matter of time before they try ago. I was in Libya about four or five something big in the United States. I Mr. HOEKSTRA. We have looked into weeks ago. I think within the last will yield to the gentleman from Indi- the eyes of the Iraqi people. We have month we have picked up, what, 500 ana (Mr. BURTON). shaken their hands. We have heard tons of mustard gas and chemicals and Mr. BURTON of Indiana. Let me just them speak. We have seen the sin- equipment. Who would have thought say that back in the mid-90s we knew cerity. I always say this is not easy. that that amount of progress could from intelligence reports that there And there are going to be other ugly have been made in that short time? were terrorist training camps in and days and other ugly events. We are not This is a win for the good guys. around Khartoum in the Sudan. We going to fix this all in one day. We are Mr. BURTON of Indiana. The gen- knew that. We knew Usama bin Laden not going to fix it in 24 months. This tleman makes a very good point. That was in Khartoum, and we knew of the takes work. These people are experi- is the kind of thing that the media terrorist attacks like the ones that my menting with a free press, representa- should focus on. Here is a terrorist colleague cited a few minutes ago; and tive government, free markets. They state, a known terrorist state that has we really did not go after him, al- are doing this for the first time after 30 said, okay, we are going to reject ter- though we should have at that time. years of a brutal regime. rorism. And the reason was because Now, I am not saying there is not Mr. BURTON of Indiana. Madam they saw what we did in Iraq and Af- enough blame to go around. Any time Speaker, if the gentleman would yield. ghanistan. We sent a very strong sig- you get into a military conflict, espe- When I was over there, I am sure my nal. cially one this extensive, there are colleague found the same thing, they We have had 500 troops die there in going to be mistakes made. But the one had found 400,000 people in unmarked Iraq. I do not want one of those troops mistake that has not been made is by graves. They estimated between 1 and to have died in vain. They sent a very our President. He has done the right 1.3 million people that are unaccounted strong signal around the world. If the thing in taking the mantle of leader- for. They were putting people in wood media continues on the path, and I am ship and moving forward. He is going chippers, they were raping women. It not talking about all the media now, after the terrorists wherever they hide was horrible what was going on, the but if the more liberal media continues in Afghanistan, in Iraq, wherever they torture and everything. on the path that it is on saying why are. And I commend him for that. Mr. HOEKSTRA. Madam Speaker, if should we not bring our troops home, And this country, and the media in the gentleman would yield, one point, why are we letting these sorts of things particular, if they are paying any at- he is right, it is going to be somewhere happen, they send a signal, as my col- tention tonight, the media in par- over a million people probably, in a league said before, to the terrorists ticular ought to think about the rami- country of 27 million. That means 4 that this sort of thing is working. That fications of trying to get us to pull in percent of the folks in that country should not be the signal we send. our horns when we are fighting a war were brutally murdered. In our country It was not the signal we sent in against terrorism. They should be sup- that would be about 11, 12 million peo- World War I or World War II. We should porting the effort to rid the world of ple. not send it now. Because this is a world terrorists and the terrorist network in- Mr. BURTON of Indiana. Madam war that the United States and the free stead of pointing out all the defi- Speaker, if we did not do anything but world cannot afford to lose. And we ciencies. free that country, that would be a cannot afford to send signals that en- We are in a war against terrorism, great thing. But what we have done is courage the terrorist network. one we cannot afford to lose. We have we have sent a very strong signal to Mr. HOEKSTRA. Madam Speaker, re- a man at the helm right now who is the terrorist network al Qaeda, the claiming my time, maybe my colleague doing the right things. And, by golly, Taliban, the Baath Party in Iraq, and heard the quote that I read from can- he ought to be supported not just by the terrorists around the world; and didate for Vice President Al Gore talk- my colleague and me, but by the entire what bothers me now is because the ing about the first Bush administration country and, in particular, those in the media is focusing only on the negatives where he said, ‘‘He had already media because they have such a tre- and not the positives, not on what we launched poison gas attacks repeat- mendous influence on public policy. have accomplished but what we have edly. Bush looked the other way. He Mr. HOEKSTRA. Madam Speaker, re- not yet accomplished and, I believe, had already conducted extensive ter- claiming my time, I am not looking for maybe inadvertently, they are giving rorism activities and Bush had looked the media to support the President, it aid and comfort to the enemy, the ter- the other way.’’ Can one imagine what might be nice, or to support the coun- rorist network, and that is something would happen if we pulled out of Iraq try or to support the direction or sup- they should not do. and pulled out of the war on terrorism port our troops. It would just be nice if They may not agree with everything and the next terrorist attack occurred they presented a balanced approach, President Bush has done, but they have and somebody would come to us and fair and balanced approach to what to admit that we have gotten rid of say excuse me, they attacked the needs to get done. Saddam Hussein. We are on the heels of World Trade Centers, you looked the And it is why when I go home it is Usama bin Laden. We have knocked other way. They attacked our bar- good to take a look at the local papers out an awful lot of the terrorist net- racks, you looked the other way. They because the local papers will cover the work, and there have been no more at- attacked the Cole, you looked the stories of our soldiers that come home. tacks on the United States of America. other way. They attacked our embas- The soldier that I talked to today said That does not mean we will not have sies, you looked the other way. They he has been in Iraq for 11, 12 months. them. But there have been no more at- attacked the Trade Centers a second He is home with his family for the first tacks. That is because of President time and took them down, they at- time. One would think he would say, Bush, homeland security, and Tom tacked the Pentagon and you guys man, I am just going to sit back on the Ridge, and because they are doing the looked the other way. What were you couch and I am going to vegetate and right things. I just wish the media guys thinking? just enjoy this. He is going to the would focus on them.

VerDate mar 24 2004 02:50 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.082 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1771 I normally do not come down here about the shortcomings. We have to say that guy took a bad swing or he and vent my spleen like this. I try to look forward and say what are we sliced it or whatever; I am going to be a little bit more moderate, if one doing now to deal with the problem; take it and move it forward. Because, wants to say that; but right now I am what are we going to do with it in the again, I think in some ways Americans very, very angry because all we are see- future. are getting a little lackadaisical. There ing on the screen right now is should Bobby Jones, one of the greatest is a real threat out there. And this we be there, should we not be pulling golfers of all time, I will use this as an President and this administration, and out, should we be pulling in our horns. analogy, he said, You play the ball I hope Congress in a bipartisan way, The one thing we must not do, and I where it lies. When he was hurt, when stay focused on the threat that is out am speaking to the media in particular he was dying and was physically im- there and put in place a strategy to fix right now, is we must not send the paired, people said, do you not feel bad it. message that we are going to withdraw about that? He said, That is life. You Mr. BURTON of Indiana. One of the or cave in this war against terrorism. play the ball where it lies. things that was reported on briefly but It is essential that we are victorious. What we have to do now is realize should have been reported on in more No matter how long it takes, we have where we are in this world and what it detail was after 9/11 and the World to be victorious. Just like in World is all about. And there is a war against Trade Center was taken down by the War I and in World War II, we have to the terrorists that is in progress, and it planes, and the Pentagon was attacked, win this war, otherwise we are going to is a war we cannot lose. So we have to and they were going to attack the Cap- suffer terrorist threats and terrorist start here and go forward. And the itol had it not been for those heroic attacks for many, many, many years President has already started that ball people in Pennsylvania that died, but to come. moving in the right direction by taking the fact of the matter is planes coming Mr. HOEKSTRA. Madam Speaker, re- on the terrorists, taking on Saddam from Paris, France, and from Europe claiming my time, I think that is one Hussein, trying to make sure there are were stopped from coming over here of the things that we as a Nation need no weapons of mass destruction that because they found out through intel- to recognize. I was on a TV program are going to be used against the Middle ligence gathering that they had poten- earlier today and someone asked me East or the United States or the rest of tial terrorists on those planes that what are you guys accomplishing, or the world. I think we are on the right were going to make them into bombs who is responsible. I said, well, obvi- track. to blow up more buildings in the ously, there is plenty of blame to go The thing we have to do now is make United States. around. But not only is it the executive sure we keep the American people with us in this war against terrorism, and branch, and by executive branch I b 2100 mean generic, not this President, be- that is why the media is so important. cause I agree with my colleague, this They can play a very valuable role in So our intelligence-gathering capa- President has shown the leadership making sure that the facts are out bility has increased dramatically since that is necessary to fight this war on there, not opinion; but the facts are President Bush took office and since terrorism, not only is there blame to out there on what we have accom- Tom Ridge took over homeland secu- go around in Congress, but there is also plished and where we are going. rity. a certain responsibility of the Amer- As my colleague said, it does not Things are getting better, and we are ican people. have to be pro-Bush or against Bush, it stopping terrorist attacks, but those Because our actions sometimes are just has to be fair reporting. If they re- are the things that ought to be re- too often guided by public opinion. And port the progress that is being made ported upon, the things that we have for folks to say, well, you should have and how the war is progressing and stopped from happening in the United done more in 1998 or you should have what we are winning instead of just the States to protect the American people, done more in 2001, the real question is negatives, I am sure that everything instead of dwelling just on negatives. If do we really think that the American will come out all right. we just do that, I would be much, much people would have embraced it. Mr. HOEKSTRA. Madam Speaker, I happier. We know that even after 2001 some of love the analogy of play the ball where I just want to say to my colleague, them have been restrained in their sup- it lies because that is exactly what because I am going to leave the stage port or been openly hostile to going President Bush did after 9/11. He went back to him, I want to thank you very, after al Qaeda and going after bin back and took a look at what capabili- very much for taking this time. We Laden and going into Afghanistan. ties we had and the threats that were ought to have a whole host of our col- The other thing is my colleague and out there, but never went back to try leagues down here talking about this I both probably know that the quickest to assess blame on something that hap- tonight, but you are the guy that did ticket to unemployment in Congress is pened 5 or 6 years ago or the Deutsch it, and I want to thank you for car- to show any interest in foreign affairs. Doctrine that gutted our human intel- rying the mantle of leadership tonight. One goes on a trip and learns more ligence. When we should have built in- You are to be congratulated. about the Middle East or whatever, and telligence up in the mid-1990s, it was Mr. HOEKSTRA. Mr. Speaker, I it is, oh, you do not care about us back gutted. That is exactly what happened thank my colleague; and I hope he re- home anymore. The American people when we get to 2001 and here we are in covers his voice soon. We would miss it bear some of that responsibility be- 2004 and we would like to have a human if he lost his voice. cause we are the world’s sole super- intelligence capability, we say, God, There is a lot of stuff that has hap- power economically and politically and where did it go? We scrubbed it because pened in what we have talked about. militarily. That carries an awesome re- we got rid of all the bad guys in 1995 There are a couple of other documents sponsibility with it. I think it is one of and 1996 who spied for us. And one can that I just want to talk about, and we the great cases for federalism. say, well, when we are dealing with a have talked a little bit about rewriting This place should focus on national terrorist organization, the only people history. security. It should focus on inter- that are in terrorist organizations are There was some testimony just from national trade agreements and our re- bad folks to begin with. the last couple of days in front of the lationships with the rest of the world. But that is not where the President joint inquiry; and it really I think in Many other issues ought to be dealt was. He took a look at 9/11, took a look many ways, from my perspective, boils with on a State and local level. We at where we were strategically, mili- down to partisan politics, partisan pol- have a tremendous responsibility to ad- tarily, and what we needed to get done, itics at its worst. Because national se- dress these issues. and went forward, never trying to pin curity is too important an issue to Mr. BURTON of Indiana. Madam blame anywhere but just said, hey, I take down into the partisan battle- Speaker, I would like to say something am playing it where it lies. ground, and it is one of the very posi- about what my colleague said a mo- We will look at how it got here to tive things about serving on the Per- ment ago. He was talking about, in es- make sure it does not happen again in manent Select Committee on Intel- sence, we cannot look back and talk the future, but I am not going back and ligence.

VerDate mar 24 2004 02:50 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.083 H31PT1 H1772 CONGRESSIONAL RECORD — HOUSE March 31, 2004 There have been a couple of things in Remember, Dr. Rice had already tes- this war on terrorism, that we dedicate the last few weeks that have been dis- tified to this Commission for 4 hours in the resources to this war on terrorism. appointing, but, by and large, the com- private session. But they also said, do not forget the mitment by members of the Permanent ‘‘These decisions represent a signifi- sacrifices of the families that have Select Committee on Intelligence is to cant contribution by the President to been asked to sacrifice, the families do their work aggressively, effectively, the work of the Commission, con- that have seen a son and husband gone but to leave the partisan labels at the sistent with our mandate to ‘provide a for a year, the family that has seen a door and to recognize that the issues full and complete accounting’ of the father and a husband and a son killed that we are working on are too impor- terrorist attacks of September 11. on a battlefield in Iraq and the family tant to drag down into a short-term, ‘‘The President has consistently stat- of the son and the husband of a soldier partisan, political game because, at the ed a policy of strong support for the who has been badly wounded and will end, the country loses. Commission and instructed the execu- live with that for the rest of his life. Here is what Dick Clarke said. The tive branch to provide unprecedented But I think we need to remember all Bush administration decided in late extraordinary access to the Commis- of these folks and the troops that are January to do two things: one, vigor- sion.’’ still serving over there, and I hope that ously pursue the existing policy, in- This is what the Commission said. we as a Nation, that we as a Congress, cluding all of the lethal covert action ‘‘The President has consistently stated continue to remember these families findings. The point is, while this big re- a policy of strong support for the Com- and these individuals in our prayers. view was going on, the lethal findings mission and instructed the executive f were still in effect. The second thing branch to provide unprecedented and the administration decided to do was extraordinary access to the Commis- THE 9/11 COMMISSION to initiate a process to look at those sion. His decisions today reflect that The SPEAKER pro tempore (Ms. issues which had been on the table for policy of strong support, and we wel- GINNY BROWN-WAITE of Florida). Under a couple of years and get them decided, come them.’’ the Speaker’s announced policy of Jan- and that is in August of 2002. The Commission recognizes what is uary 7, 2003, the gentleman from New In the spring of 2001, the Bush admin- going on and that the President’s sup- Jersey (Mr. PALLONE) is recognized for istration began to change Pakistani port has been unprecedented, and we 60 minutes as the designee of the mi- policy by a dialogue that said we would have got to remember that this is not nority leader. be willing to lift sanctions. So we looking back in history and saying, Mr. PALLONE. Madam Speaker, this began to offer carrots which made it well, what happened during the war on evening I want to discuss the serious possible for Pakistanis I think to begin terrorism. We are still fully engaged in accusations that former White House to think that they could go down an- the war on terrorism. We are still in counterterrorism chief Richard Clarke other path, which was to join us and the middle of fighting that war, and has leveled at President Bush over the break away from the Taliban. So that what is unprecedented about this last week. I would also like to discuss is really how it started. President’s cooperation is that there my concern over the administration’s A few minutes ago, we talked about have already been I think 20 witnesses attempts, attempts that have now been the victory and the progress we have from the executive branch in front of joined by several congressional Repub- made in Libya. Back in 2001, the Bush the Commission. licans, to draw attention away from administration, before 9/11, was talking Now Dr. Condoleezza Rice has al- the serious accusations by instead vi- about changing the policy in Pakistan ready testified in private, will now tes- ciously attacking the messenger; and, to forge that partnership which then tify in public, but the public nature of finally, I come to the floor to highlight and now has enabled us. I met with the this reviewing the decision-making inconsistencies in the statements that head of the Pakistani intelligence process at the very time we are still agency just a few weeks ago, right Condoleezza Rice has made over the conducting the war, not when it is when they were sending a number of last week, inconsistencies that will un- done, but at the very time, digging into troops into their tribal areas, and they doubtedly be addressed when she testi- the inner reaches of an administration had lost a number of Pakistani troops. fies as early as next week under oath in and asking about how they are con- But who would have thought maybe front of the 9/11 Commission. ducting policy, how they are making even 2 or 3 years ago that by 2004 that Madam Speaker, it is nice to see that the Pakistanis would not only be co- decisions, and it is one thing to do it in after months of stalling the Bush ad- operating in our war on terrorism but private. It is another to do it fully in ministration has finally made an they would be sending their own troops public. agreement with the 9/11 Commission to Someone asked me earlier this week into these regions to find al Qaeda, to have the President, Vice President and and said in some ways I think the ad- find the leadership of al Qaeda and to National Security Adviser all appear help us take out the Taliban and al ministration has gone almost too far. before the entire 9/11 Commission. The Qaeda elements that were seeking ref- We are at war and the information is announcement was a complete retreat uge in Pakistan. provided in private or secret session to from the Bush administration’s pre- Again, I had a question today about those folks who are entrusted to make vious belief that Condoleezza Rice when Condoleezza Rice and the Presi- the decisions and the recommendations should not testify in public. dent and this administration had really that enable this country to move for- Last evening, the President went be- provided unprecedented support for the ward responsibly, aggressively and ef- fore reporters and said that he had or- subcommittee that I served on in the fectively, but I sometimes worry that dered this level of cooperation because, Permanent Select Committee on Intel- there are some in the world today who and I quote President Bush here, I con- ligence that did a review almost di- take comfort and believe that they are sider it necessary to gaining a com- rectly after 9/11, provided full support being successful in their efforts to de- plete picture of the months and years and access to the joint House-Senate feat us in this war on terrorism when that preceded the murder of our fellow inquiry and now to the independent they see the partisanship that we citizens on September 11, 2001. Commission. This is a statement that sometimes are engaged in. This issue is Madam Speaker, I think it is great the Commission made on March 30. too big to move down into partisan- that the Bush administration finally ‘‘The Commission welcomes the deci- ship. caved in and will allow Condoleezza sion of the President and the Vice- The last comment that I wanted to Rice to testify, but it is somewhat dis- President to meet in one joint private make is today I talked with one of our ingenuous for the President to say that session with all 10 commissioners. soldiers today who was back from Iraq. he has cooperated with the Commission ‘‘We also commend the President for I have met with the family of one of in the past. In fact, President Bush has his decision to accept the Commis- our soldiers who was killed in Iraq. I stalled the Commission for months on sion’s request for public testimony, have met with the family of one of our many of their requests. under oath, by the Assistant to the soldiers who was very badly wounded Up until yesterday, the President President for National Security Af- in an incident. In each of those cases, said that he would only testify before fairs, Dr. Condoleezza Rice.’’ they have said, make sure that we win the Commission’s chair and vice chair;

VerDate mar 24 2004 03:39 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.085 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1773 and now President Bush and Vice Clarke claims this request was never Earlier this week, 9/11 commissioner President CHENEY will testify together acted upon. Three months later, in Jamie Gorelick said that the lack of but not under oath and only one mem- place of a Cabinet-level meeting, Rich- focus and meetings meant agencies ber of the Commission will be allowed ard Clarke was finally able to schedule were not talking to each other and key to take notes. Allowing one person in a meeting with Deputy Secretary of evidence was overlooked. the room to take notes, in my opinion, Defense Paul Wolfowitz. Clarke said he Richard Clarke is also very critical of is no way to fully document critical started the meeting by stating to the the administration’s obsession with testimony from the President and the Deputy Secretary of Defense that we Saddam Hussein. Again in her inter- Vice President, and I am also inter- needed to deal with bin Laden. view on ‘‘60 Minutes,’’ Rice claimed ested in why the President and the b 2115 that Iraq was put aside immediately Vice President insist on testifying to- after 9/11.’’ But Rice’s own claims were And Wolfowitz’s response? ‘‘No, no, gether. refuted, this time by a Washington So, Mr. President, thank you for fi- no, we don’t have to deal with al Post report stating that 6 days after nally caving in to political pressure Qaeda. Why are we talking about that the 9/11 attacks, the President signed a little guy? We have to talk about Iraqi and allowing Condoleezza Rice to tes- 3-page document directing the Pen- terrorism against the United States.’’ tify, but do not try to spin your way tagon to begin planning military op- That’s what Wolfowitz said. tions for an invasion of Iraq. out of this by making it appear that Again, meetings like this are critical you have been cooperating with the 9/11 Furthermore, CBS News reported in because people like Wolfowitz, CHENEY, 2002 that 5 hours after the 9/11 attacks, Commission from the very beginning, Rumsfeld and Rice were the very peo- Defense Secretary Rumsfeld was tell- because that is simply not the case. ple advising the President. If Wolfowitz By delaying, the Bush administration ing his aids to come up with plans for was describing Osama bin Laden as a striking Iraq. This is also consistent has made it extremely difficult for the little guy to Richard Clarke, one has to with Clarke’s own statements in which 9/11 Commission to finish its work in a assume he was making the same sorts he says that ‘‘Rumsfeld told him on timely fashion, and the Commission of comments to his boss, Donald Rums- September 11 that they needed to bomb should not be expected to complete its feld. work until it has heard from all the Clarke could not believe Wolfowitz’s Iraq.’’ Clarke writes in his book that, principals involved in the events lead- characterization of bin Laden as a lit- ‘‘On September 12, he went home for a ing up to and coming after 9/11. tle guy. Clarke then responded to brief period of time to eat and take a Public testimony from Condoleezza Wolfowitz, and again I quote, ‘‘Paul, shower and return to the White Rice is perhaps even more important there hasn’t been any Iraqi terrorism House.’’ Clarke writes, and I quote, ‘‘I now that we have heard from Richard against the United States in 8 years.’’ expected to go back to a round of meet- Clarke, the President’s former top Clarke turned to the Deputy Director ings examining what the next attacks counterterrorism adviser. Last week, of the CIA, who agreed with his assess- could be, what our vulnerabilities were. Richard Clarke raised eyebrows all ment. Clarke’s statements contradict Instead, I walked into a series of dis- over the Nation when he appeared on 60 those of the National Security Adviser. cussions about Iraq. At first, I was in- Minutes, released a book critical of the On Sunday night, in an interview on credulous we were talking about some- Bush administration’s policy on fight- ‘‘60 Minutes,’’ Condoleezza Rice said, thing other than getting al Qaeda. ing terrorism, and then testified before ‘‘The administration took seriously the Then I realized, with almost a sharp the 9/11 Commission where he person- threat of terrorism before 9/11,’’ in physical pain, that Rumsfeld and ally apologized to the victims’ families stark contrast to the very comments of Wolfowitz were going to try to take ad- and told them that they had failed her boss, President Bush. And I would vantage of this national tragedy to them or that he had failed them. like to see Rice’s response to a report promote their agenda on Iraq. Clearly, Richard Clarke raises some serious in Newsweek magazine that the admin- the administration continued to have questions, questions that Condoleezza istration was trying to deemphasize its eyes set on going to war with Iraq.’’ Rice should attempt to answer before terrorism as an overall priority. As Now, Madam Speaker, I ask: Was the the 9/11 Commission, and I would like proof, the report pointed to the fact war on terrorism a convenient, yet to mention some of those questions, that only two out of a hundred na- flawed, justification for going to war Madam Speaker. tional security meetings the adminis- against Iraq? That is what Richard Question number one: Did the Bush tration held before 9/11 addressed the Clarke believes. It is also supported by administration, as Richard Clarke terrorist threat. another former high-ranking Bush ad- claims, and I quote, ignore terrorism I look forward to hearing if the Na- ministration official, Paul O’Neill. The for months when maybe we could have tional Security Adviser thinks two former Treasury Secretary stated in done something to stop 9/11? You do meetings on the issue of terrorism his book that ‘‘Vice President CHENEY not have to take Richard Clarke’s word shows a true dedication on the admin- strongly suggested U.S. intervention in for it. President Bush bluntly acknowl- istration’s part to fighting terrorism Iraq well before the terrorist attacks of edged as much during an interview and to taking terrorist threats seri- September 11.’’ This is another ques- with Bob Woodward for Woodward’s ously. tion Condoleezza Rice should answer in book titled Bush At War. The National Security Adviser, front of the American people. Despite repeated warnings of an im- Condoleezza Rice, also stated during Madam Speaker, it is clear that minent al Qaeda attack before 9/11 her interview on ‘‘60 Minutes,’’ and I President Bush’s rationale for war President Bush admitted to Woodward, quote again, ‘‘I don’t know that a sense against Iraq was flawed. The Bush ad- and I quote again, I did not feel the of urgency any greater than the one we ministration used two things to justify sense of urgency. That is what the had would have caused us to do any- war with Iraq: first, a connection be- President said. If he did not realize the thing differently. I don’t know how we tween Iraq and al Qaeda; and, second, sense of urgency, one has to really could have done more. I would like the idea that Iraq had weapons of mass wonder what kind of advice he was re- very much to know what more we destruction. ceiving from his National Security Ad- could have done.’’ In addition to the new questions viser and others. The salient answer to this question, raised by Richard Clarke about the According to Richard Clarke, he tried Madam Speaker, is a lot more could Iraq-al Qaeda link, experts have con- repeatedly to get the administration to have been done. First, the administra- cluded that Iraq did not have weapons pay serious attention to the issue of tion could have held more than two na- that posed an immediate threat to the terrorism. tional security meetings on the issue. United States. CIA Director George On January 24, 2001, just days after Based on the major intelligence spike Tenet recently admitted that the intel- President Bush took the oath of office, in the summer of 2001, the administra- ligence agencies never told the White Richard Clarke wrote an urgent memo tion could have held more meetings House that Iraq posed an imminent to Condoleezza Rice, asking for an ur- with top officials from the CIA and the threat. And former chief U.N. weapons gent Cabinet-level meeting to deal FBI to make sure the agencies were inspector Hans Blix stated that the with an impending al Qaeda attack. sharing information. Bush administration made up its mind

VerDate mar 24 2004 03:39 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.087 H31PT1 H1774 CONGRESSIONAL RECORD — HOUSE March 31, 2004 that Iraq had weapons of mass destruc- with the Bush administration and the Madam Speaker, let me also tonight tion and it was not interested in evi- Republicans in Washington. And I am thank the distinguished chair of the dence to the contrary. not going to read the whole thing, but Congressional Black Caucus for his Madam Speaker, when the President I just wanted to read a couple of parts leadership on this and so many other signed the law creating the commission of it, where Krugman says, ‘‘Last week issues as he continues to consistently in November 2002, he urged the panel an opinion piece in the Israeli news- attempt to wake up America. to, and I quote, ‘‘carefully examine all paper Haaretz about the killing of We are here tonight, Madam Speaker, the evidence and follow all the facts Sheik Ahmed Yassin, said, ‘This isn’t to talk about the Bush administra- wherever they lead.’’ But, clearly, the America; the government did not in- tion’s systematically deceiving the Bush administration did not mean fol- vent intelligence material nor exag- American people. This administration lowing it to the President’s National gerate the description of the threat to has spun a web of deception that really Security Adviser. And while the admin- justify their attack.’ So even in Israel, enshrouds the truth and hides, mind istration charges the panel to follow George Bush’s America has become a you, reality. Specifically, I want to the facts wherever they may lead, they byword for deception and abuse of talk about the administration’s foreign and some congressional Republicans power. And the administration’s reac- policy and how it has based a doctrine are attempting to minimize some of tion to Richard Clarke’s ‘Against All of preemptive strikes on a foundation those possible facts by attacking the Enemies’ provides more evidence that that is really built on falsehoods, lies, character of Richard Clarke. something is rotten in the State of our and distortions. Last week, the majority leader in the government.’’ But first let me just say it is espe- other Chamber implied that Richard Krugman goes on to say that not cially telling and especially tragic that Clarke had perjured himself either dur- only in the case of Richard Clarke, but we are here tonight as we mourn nine ing his testimony before the 9/11 Com- in many other cases there is abuse of new victims of this misguided war. mission last week or during his testi- power by the administration and the Five soldiers and four contractors were mony before the Joint Congressional congressional Republicans: ‘‘A few ex- killed today. Our thoughts and our Intelligence Committee hearing in amples: according to the Hill, Repub- prayers go out to their families and to July 2002, because, according to Sen- lican lawmakers threatened to cut off all of those whose loved ones are still ator FRIST, he appears to have told two funds for the General Accounting Of- at risk. We mourn these latest deaths as we different stories. However, despite fice unless it dropped its lawsuit speak out against the deliberate deci- some pretty harsh words for Mr. against Dick Cheney. The Washington sions and the deceptions that took this Clarke, the Senate majority leader Post says Representative Michael country to war. This administration could not point to one specific exam- Oxley told lobbyists that ‘a congres- did not tell the truth to Congress, to ple, but called for all of Clarke’s testi- sional probe might ease if it replaced the American people, and to the world mony before the House Senate intel- its Democratic lobbyist with a Repub- about the causes, the costs, and the ligence panel 2 years ago. lican.’ Tom DeLay used the Homeland Now, this past Sunday, Clarke said consequences of the war in Iraq. The Security Department to track down deceit started, mind you, well before he would support the declassification Democrats trying to prevent redis- of his testimony before the joint intel- the war did, and that is no accident. tricting in Texas. And Medicare is The web of deception was woven in ligence panels if the administration spending millions of dollars on mis- order to create a reason for the war. also declassifies the National Security leading ads for the new drug benefit, The administration told us time and Adviser’s testimony before the 9/11 ads that look like news reports and time again that Iraq posed an imme- Commission and the declassification of also serve as commercials for the Bush diate threat to the United States. In the January 25, 2001, memo that Clarke campaign.’’ the President’s State of the Union ad- sent to Rice laying out a terrorism Krugman ends and he says, and I dress, the Secretary of State’s presen- strategy, a strategy that was not ap- quote, ‘‘Where will it end? In his new tation to the United Nations, and in proved until months later. book, ‘Worse Than Watergate,’ John many other statements and speeches Madam Speaker, House Democrats Dean of Watergate fame, says ‘I’ve the administration told us that Iraq really want a full accounting of the been watching all the elements fall was developing nuclear weapons and it events leading up to the September 11 into place for two possible political ca- already had vast stockpiles of chemical attacks, including the extent to which tastrophes; one that will take the air and biological weapons. This was ap- a preoccupation with Iraq affected ef- out of the Bush-Cheney balloon, and parently all false. forts to deal with the threat posed by the other far more disconcerting that President Bush said that Saddam al Qaeda. It is nice to see the White will take the air out of democracy.’’ Hussein was buying aluminum tubes House has finally stopped stonewalling The reason that many Democrats, in- and African uranium for nuclear weap- the commission and now says that it cluding myself, come down here on a ons. This was false. Vice President will provide the public testimony the regular basis now to talk about the Re- CHENEY said we know, and this is a commission is requesting. But Ameri- publican abuse of power is exactly for quote, ‘‘We know he has been abso- cans need to be able to fully evaluate the reason that John Dean quotes in lutely devoted to trying to acquire nu- the decisions of government leaders, his book, and that is we are very con- clear weapons, and we believe he has in especially when it comes to the life and cerned about the future of democracy fact reconstituted nuclear weapons.’’ death decisions of war and peace. and where we are going with these This was false. Madam Speaker, there are others kinds of abuses of power by the Bush President Bush said, we gave them a that I would like to yield my time to administration and the Republican ma- chance to allow the inspectors in and tonight; but I just wanted to say before jority. they wouldn’t let them in. This was we go on that I have been to the floor I see my colleague from California is false. As for the weapons of mass de- many times over the last few months here, and I probably took up too much, struction, Secretary of Defense Donald talking about the Republican abuse of and so I want to yield to her. Rumsfeld said, we know where they power and the Bush administration’s Ms. LEE. Madam Speaker, I want to are. This was false. The administration abuse of power. Yesterday, there was thank the gentleman for yielding to me time and time again tied Saddam Hus- an op-ed column in the New York and for continuing to speak the truth, sein to the terrorist attacks of Sep- Times by Paul Krugman that was enti- and for making sure that our country tember 11, and this was downright tled, ‘‘This Isn’t America.’’ And it kind understands the type of abuses that are false. of sums up my concern about the abuse taking place here in Washington, D.C. I These statements were, however, of power. believe that democracy is at a cross- part of a larger pattern of distortion I mention it tonight in the context of roads, and I think the gentleman has that included warping intelligence to Richard Clarke and the 9/11 Commis- made that very clear tonight. So I fit the administration’s vision of the sion and the National Security Ad- want to thank the gentleman for his world and then passing on that warped viser, but Krugman pretty much sums continuing to speak truth to power, as intelligence to the American people up how this abuse of power is rampant we say. and to the world as a fact.

VerDate mar 24 2004 02:50 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.089 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1775 The administration also, mind you, by Iraq. That database shows just how role of the administration in the over- disguised the cost of the war, which of far-reaching these distortions were, throw of the Aristide government. course taxpayers are paying for. When and they do not stop with Iraq, and That is also why we still need a truly economic adviser Larry Lindsey said in they do not stop with foreign policy. independent commission to investigate 2002 that war in Iraq could cost be- But let me just read a couple of the the use and the misuse of intelligence tween $100 billion and $200 billion, well, gentleman from California’s quotes in the war in Iraq. he was right; but you know what, he which have been recorded in this docu- Of course, the same deceptions per- was fired. ment: meate our domestic policies as well. When asked about the possible con- One is from Vice President DICK CHE- Look at the administration’s track sequences of the war, the administra- NEY. He said, ‘‘We know he’s got chem- record on its domestic policies. tion presented a portrait of a country ical and biological weapons.’’ But, Example. He said that his tax cuts that would be uniformly grateful to its rather, the truth is the statement for the rich would create jobs. Instead, American invaders. This week’s Nation failed to acknowledge that the Defense we have seen 3 million jobs disappear says, and I quote, ‘‘The idiotic and ar- Intelligence Agency’s position was, in this country since President Bush rogant statements by Defense Sec- ‘‘There is no reliable information on took office. He said the vast majority retary Donald Rumsfeld and others whether Iraq is producing and stock- of those tax cuts would go to those at that policing Iraq would be a simple piling chemical weapons or where Iraq the bottom end of the economic spec- matter that could be quickly cleaned has—or will—establish its chemical trum. Instead, the top 1 percent of up by all those flowers they were going warfare agent production facilities.’’ earners reap over a third of the tax to throw.’’ President Bush: ‘‘We’ve also discov- benefits by themselves. Only the top 1 ered through intelligence that Iraq has b 2130 percent. The President said that our a growing fleet of manned and un- schools will have greater resources to The many distortions, deceptions and manned aerial vehicles that could be help meet the goals of Leave No Child omissions amounted to, as I was actu- used to disperse chemical or biological Behind. But for the third year in a row ally taught like many of us were weapons across broad areas. We are the President’s budget falls billions of taught as a child, lying. I was also concerned that Iraq is exploring ways dollars short of fully funding Leave No taught that this is really wrong. This of using these UAVs for missions tar- Child Behind. deception was clearly and deliberately geting the United States.’’ The deficit. The President says our escalated. The very impressive and The explanation of this tale is this budget will run a deficit that will be thought-provoking report by the Car- was misleading because it claimed that small and short-term, but the fact is negie Endowment For International Iraq’s UAVs were intended and able to that the 10-year deficit projection by Peace found a very dramatic shift in spread chemical or biological weapons, the Congressional Budget Office, as- the fall of 2002 as the administration including over the United States, but suming extending the tax provisions, is sought to rally support for its unneces- this failed and the President failed to $4.7 trillion. In just 2 years, there has sary war. Let me just read what the mention that the United States Gov- been an almost $12 trillion swing in the Carnegie Foundation indicates: ernment agency most knowledgeable deficit outlook. The $5.6 trillion 10-year Administration officials systemati- about UAVs and their potential appli- surplus projected when the President cally misrepresented the threat from cations, the Air Force’s National Air took office has been replaced by defi- Iraq’s WMD and ballistic missile pro- and Space Intelligence Center, had the cits as far as the eye can see. For 2004, grams, beyond the intelligence failures following view: ‘‘The U.S. Air Force the President’s budget proposes a noted above by, one, treating nuclear, does not agree that Iraq is developing record deficit of $521 billion, $146 bil- chemical, and biological weapons as a UAVs primarily intended to be delivery lion more than the 2003 deficit, which single WMD threat. The conflation of platforms for chemical and biological was also a historic record. Yet the three distinct threats, very different in agents.’’ President said on January 7, 2003, ‘‘Our the danger they pose, distorted the Another President Bush quote: ‘‘We budget will run a deficit that will be cost-benefit analysis of the war. found the weapons of mass destruction. small and short-term.’’ Secondly, insisting without evidence, We found biological laboratories. You We have to really get our administra- yet treating as a given truth, that Sad- remember when Colin Powell stood up tion to begin to understand the value dam Hussein would give whatever in front of the world, and he said, Iraq of telling the truth, because in both WMD he possessed to terrorists. has got laboratories, mobile labs to the domestic and foreign policies of Thirdly, routinely dropping caveats, build biological weapons. They’re ille- this administration, this administra- probabilities, and expressions of uncer- gal. They’re against the United Na- tion and the President has deceived the tainty present in intelligence assess- tions resolutions, and we’ve so far dis- American people about their national ments from public statements. covered two. And we’ll find more weap- security, their economy, their chil- Next, misrepresenting inspectors’ ons as time goes on. But for those who dren’s education and their future. We findings in ways that turned threats say we haven’t found the banned manu- should be leading the world, not mis- from minor to dire. facturing devices or banned weapons, The Carnegie Endowment For Inter- leading it. That is exactly what we are they’re wrong. We found them.’’ doing. national Peace is a world-renowned in- What this really was, according to Finally, let me just say one of the stitution. I suggest that if Members the Defense Intelligence Agency, was biggest farces which the President said have not read this report, they should that these trailers which the President and indicated he wanted to do was to read it because, in fact, it lays out the said were to produce biological weap- unite the country. I believe that this facts, the reality and what actually ons did not disclose the fact that the country is more divided tonight than went down prior to this war. engineers at the DIA examined the ever. The gentleman from California (Mr. trailers and concluded that they were WAXMAN), ranking member of the Com- most likely to produce hydrogen for ar- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE mittee on Government Reform, has tillery weather balloons. That is what The SPEAKER pro tempore (Ms. presented a comprehensive examina- the DIA concluded. GINNY BROWN-WAITE of Florida). The tion of the statements and We could go on and on tonight about gentlewoman will suspend. misstatements by the President, the this, but I think the public is beginning The Chair would remind the Members Vice President, the Secretary of State, to get the picture. not to refer to the President or the the Secretary of Defense and the Na- Let us look at Haiti for a minute Vice President in terms that are per- tional Security Adviser. The gen- where the administration claimed it sonally offensive, such as accusations tleman from California has compiled a was defending democracy while in fact of deceit. database of deception about alleged it was conspiring to undermine and to Ms. LEE. Madam Speaker, may I re- weapons of mass destruction, alleged overthrow the duly elected President of spond? ties to al Qaeda and the allegedly ur- Haiti. That is why we need an inde- Mr. PALLONE. I yield to the gentle- gent threat to the United States posed pendent commission to investigate the woman from California.

VerDate mar 24 2004 02:50 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.090 H31PT1 H1776 CONGRESSIONAL RECORD — HOUSE March 31, 2004 Ms. LEE. Madam Speaker, I am refer- because oftentimes the media does not b 2145 ring to statements of fact and informa- do that. We have it right here, and we Every day we are required to con- tion which has been documented and are urging people to read what has sider legislative proposals, policy solu- quotes which have been published al- been said over the last few years. tions, and programmatic activities ready. We have lost over 560 young men and that shape the future of our Nation. In I thank the Speaker for reminding us women in the military. Their lives are order to carry out our task for this of the rules of the House. lost, their families’ lives are shattered greatest benefit of the American peo- The SPEAKER pro tempore. The gen- as a result of this misinformation and ple, it is absolutely essential that the tlewoman is reminded that Members this deceit which led us to war. most accurate and current information may not read into debate extraneous I believe it is our duty and our re- be at our disposal. Anything less would material which would be improper if sponsibility to put these facts out and force us to abdicate our duties and per- spoken in the Member’s own words. to make sure that the American people form an extreme disservice to the Mr. PALLONE. I just want to thank know what was said, what was the American people. the gentlewoman for her comments. basis for this war and what the out- So, Madam Speaker, I am growing in- I know I have to yield to my other come, unfortunately, has been. creasingly disturbed and angered by colleague from Maryland, but I just Mr. PALLONE. I mentioned before the Bush administration’s penchant for wanted to point out that again, going about this op-ed with Krugman where being less than truthful with the peo- back to what I said before, and I was he was quoting the Israeli newspaper ple’s representatives. referencing this New York Times arti- Haaretz, a major publication in Israel. One striking example of this tend- ency towards strategically bending the cle about the future of democracy, in I just want to read that quote again in truth is the rationale provided for the order for us to make fair and accurate their editorial where they said, ‘‘This Iraq War. What disturbs me most about decisions in the way we vote on the isn’t America; the government did not the faulty reasoning provided by our floor, whether it is to go to war in Iraq invent intelligence material nor exag- rush to war is the fact that not only or it is to provide funding for various gerate the description of the threat to programs, we need to have accurate in- was our Nation’s credibility at stake, justify their attack.’’ but most importantly human lives formation. I think what the gentle- We tend to think of this country and woman is pointing out is that, whether were at stake. Recent remarks by the I have always felt it as the country Spanish Prime Minister in which he it is foreign policy or domestic policy, that stands for what is right, what is with the kind of deception that we are called the United States’ occupation of just, what is honest, and to think that Iraq a fiasco, and those are his words, getting, we cannot rely on the informa- an Israeli newspaper is now saying, tion that is being provided by the ad- make it increasingly evident that we’re not like the government of the international goodwill is beginning to ministration because many times it is United States, we don’t make up distorted or it is not accurate. That is, turn against the United States. things, we don’t lie, we don’t exag- Madam Speaker, it is clear that one I think, the real problem here. gerate, as if that is the norm for us, is I voted against the war but many of of the very first casualties of this war a pretty sad state of affairs. our colleagues, both Democrats and was international respect for the Republican, voted for it because they Mr. Speaker, I yield to the gentleman United States of America. Although relied on representations that were from Maryland. terrorists may be jailed or killed on being made by the White House that Mr. CUMMINGS. I want to thank the the battlefield, the war against ter- there were weapons of mass destruc- gentleman for yielding, and I want to rorism will be fought and won in the tion, that there was an imminent thank the gentleman for his vigilance hearts and minds. By advancing unilateralist policies threat, so many of the things that she and for consistently standing up for that isolate the rest of the world with- pointed out. So, ultimately, they made what is right. I have often said that I would like to out concrete proof of imminent threat, the wrong decision, many of whom now we have endangered not only our na- regret that decision, because they did see my children and grandchildren have a better country, inherit a better tional security, but also our national not get accurate information. They re- identity. lied on the White House to make a de- country than the one that existed on January 18, 1951, when I was born. The Bible says, ‘‘Therefore whatso- cision that was the wrong decision. ever ye have spoken in darkness shall The whole point is that we cannot I must say that when I listened to my colleagues speak and I look at the very be heard in the light and that which ye make the right decisions, we cannot have spoken in the ear in closets shall figure out what to do here if we con- subject that we are talking about tonight, I am very much concerned that be proclaimed upon the housetops.’’ tinue to get this inaccurate informa- Several revelations have come to they will not inherit a better country. tion from the White House. What ulti- light as of late that seem to indicate As a matter of fact, the kinds of things mately is going to happen is we are not that the administration’s reasoning for going to believe anything we get. We that we are talking about tonight, war was flawed and the information are just going to have to come find where words of this administration are provided to the public as justification some other source and assume that inaccurate, should give the entire for the war was misleading. First, we whatever comes from the White House American public chills, because they had Secretary Paul O’Neill, a former is not accurate and cannot be relied on. are the things that lead to the chipping member of President Bush’s Cabinet, I think the gentlewoman pointed that away of this wonderful institution that saying that invading Iraq was a top out so many times. we call a democracy. priority of this administration only 10 Ms. LEE. I would just like to say, I So I thank the gentleman for stand- days after the inauguration of this ad- think it is very important for us, as ing up and I thank all of my colleagues ministration. That is, in January of the leader of the free world, the great- for coming out tonight, certainly the 2001, long before September 11, the ad- est superpower in the world, to be cred- gentleman from New Jersey (Mr. ministration had already had its sights ible, to be credible as we move forward PALLONE), the gentlewoman from Cali- on Iraq. in this 21st century in terms of how we fornia (Ms. LEE) and the gentlewoman Then to add insult to injury, former view the world in terms of our stra- from Illinois (Ms. SCHAKOWSKY). U.S. weapons inspector David Kay tes- tegic position, in terms of our quest to I want to just for a moment talk tified before the Senate Armed Serv- have a peaceful world, a secure world about some of the misconceptions that ices Committee that ‘‘we were almost and in terms of our efforts to eliminate we have seen and heard here as Mem- all wrong’’ as it relates to our prewar terrorism. bers of this great body. First of all, as intelligence. And Richard Clarke, the There is no way we should sweep Members of the Congress, our constitu- President’s former counterterrorism under the rug the facts. The facts are ents have vested a unique trust in us to adviser, is asserting that even though here, they are published, we know what represent their interests to the fullest all credible evidence pointed to al who said when. I hope that the Amer- degree and to make decisions that have Qaeda as being responsible for Sep- ican people understand that we come a tremendous impact on their daily tember 11, the administration still in- to this floor to try to present the facts lives. sisted on finding a link to Iraq.

VerDate mar 24 2004 02:50 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.093 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1777 And now, Madam Speaker, we have care is a major priority of the Congres- this chart, the very next sentence of this report entitled ‘‘Iraq on the sional Black Caucus. Oftentimes people the letter read: ‘‘At the outset I want Record: The Bush Administration’s speak of health care disparities as an to make it clear that no data or statis- Public Statements on, Iraq’’ issued by abstract issue that only exists in the tics in the report were altered in any the special investigations division of realm of policy and political discus- way whatsoever.’’ the Committee on Government Reform sions. This is a letter that she sent to me. approximately 2 weeks ago and which Under the leadership of the gentle- However, Madam Speaker, if one were was referred to by the gentlewoman woman from the Virgin Islands (Mrs. to visit the Agency for Healthcare Re- from California (Ms. LEE) just a mo- CHRISTENSEN), chair of the Congres- search and Quality’s Web site right ment ago. This startling report, which sional Black Caucus Health Braintrust, now, they would find another letter I submit for the RECORD, chronicles we have tried to make the issue of from Dr. Clancy which reads: ‘‘Over the over 200 misleading statements about health disparities one that people un- course of the summer and fall, changes, the threat posed by Iraq that were derstand and that we are working dili- with which I concurred,’’ meaning she made by this administration. gently to improve through our health concurred, ‘‘were made to the report by This chart, which was included with- care disparities legislation. Appar- a broad array of staff including Agency in the report, graphs the occurrence ently, Madam Speaker, instead of join- for Healthcare Research and Quality.’’ and timing of these misleading state- ing the members of the Congressional The question becomes, Madam ments. Madam Speaker, the Members Black Caucus and other concerned Speaker, which one is the truth? Is this may notice this sharp spike between Members of Congress in our effort to the truth, or is this the truth? No mat- August, 2002, and October, 2002. I am eradicate health disparities, the Bush ter what, there is an inconsistency that sure the Members will recall that this administration has chosen to delude goes to the heart of a major issue on happens to be around the same time Members of Congress as to the extent health care disparities. Finally, Madam Speaker, I ask how Congress was considering the resolu- and nature of the problem. tion authorizing the use of force in The report that the Department of is it that Dr. Clancy can in good con- Iraq. Health and Human Services provided science tell me that no changes were Madam Speaker, I am sure that it is Congress was absolutely shameful. The made to the disparities report but a far more than a coincidence that just Special Investigations Unit of the month later, after public pressure, as Congress was debating whether or Committee on Government Reform has admit that changes were indeed made? Madam Speaker, this is about more not force was necessary in Iraq, Presi- found that the Department of Health than my feeling personally insulted by dent Bush, Vice President CHENEY, Sec- and Human Services altered conclu- Dr. Clancy. Madam Speaker, this is an retary Rumsfeld, Secretary Powell, and sions of its scientists on health care National Security Adviser Condoleezza insult to African American women who disparities in order to gloss over the are more than twice as likely to die of Rice, the administration, made 64 mis- appearance of a national problem leading statements in 16 public appear- cervical cancer than are white women which is literally costing human lives. and are more likely to die of breast ances. Madam Speaker, that amounts A congressional investigation re- cancer than women of any other racial to more than two misleading state- leased in January entitled ‘‘A Case or ethnic group. This is an insult to Af- ments per day during the 30-day period Study in Politics and Science: Changes between September 8, 2002, and October rican Americans who are having more to the National Healthcare Disparities strokes at earlier ages, who are more 8, 2002. Report,’’ which I will submit for the I am sure that some of my colleagues likely to die from them, and who expe- RECORD, made some startling findings across the aisle will find objection with rience worse levels of recovery than which I want to share with the Amer- this information, but in advance let me other racial groups. This is about the ican people tonight, Madam Speaker. assure my critics that this report only prevalence of high blood pressure with- The investigation revealed that the contains statements that were misin the African American community Department of Health and Human leading at the time that they were that ranks among the highest in the Services’ scientists ‘‘found ‘significant made. I am not referencing statements world. This is about the administration inequality’ in health care in the United that the administration thought to be knowing that all of these problems States, called health care disparities true at the time, but were proven false exist and choosing to do absolutely ‘national problems,’ emphasized that in hindsight. I am talking about state- nothing about it and, furthermore, these disparities are pervasive in our ments that were not accurate reflec- masking the truth about its existence. tions of the views of intelligence offi- health care system and found that the So I could go on and on, but it is so cials at the time they were made. disparities carry a significant ‘personal interesting too that on Dr. Martin Lu- Madam Speaker, as a Member of Con- and societal price’ in its initial re- ther King’s birthday, President Bush gress, I am outraged by this purposeful port.’’ visited an African American church twisting of the truth, and every Amer- However, the final version of the dis- and said, ‘‘Today would have been his ican who believes in truth and justice parities report, that is the version the 75th birthday,’’ and this is President should be outraged also. administration submitted to Congress, Bush speaking as I conclude. ‘‘It’s im- Madam Speaker, unfortunately, the contained none, none, of these conclu- portant for our country to honor his argument made for war in Iraq was not sions and instead minimized the impor- life and what he stood for.’’ the only case wherein the administra- tance and scope of the disparities in Later in the day, the President vis- tion has knowingly misled the Con- health care. ited Dr. King’s memorial in Atlanta, gress and the American public. In De- Madam Speaker, not only did the ad- Georgia, and held a moment of silence cember of 2003, the administration sent ministration mislead all 535 Members at his tomb. All of this was very mov- Congress its ‘‘National Healthcare Dis- of Congress by rewriting a scientific re- ing and touching. Yet, Madam Speaker, parities Report.’’ As I am sure the port required by law, but the adminis- the very next day the President ap- Members are aware, Madam Speaker, tration officials were dishonest with pointed Judge Charles Pickering over the law requires the Department of me personally when I asked about the the objection of United States Sen- Health and Human Services to report changes made to the report. ators, the Congressional Black Caucus, to Congress on national healthcare Dr. Carolyn Clancy, director of the and all of these civil rights organiza- quality and national healthcare dis- Department of Health and Human tions. parities. Services Agency for Healthcare Re- I find it rather ironic that 1 day after These reports enable us, as legisla- search and Quality, wrote a letter to the photo-op with Dr. King’s widow, tors, to assess the status of the health me that began: ‘‘I am writing in partial Coretta Scott King, and after saying care crisis in our Nation and propose response to your letter to Secretary that the Nation should honor what Dr. new solutions to eliminating those bar- Thompson expressing your concern King stood for, that President Bush riers to ensuring quality and affordable that these changes were made to sci- would have appointed a judicial nomi- health care to every single American. entific facts and findings in the Na- nee that was vigorously opposed by Madam Speaker, eliminating dispari- tional Healthcare Disparities Report.’’ nearly every single civil rights group ties in treatment and access to health She goes on to say, as we will see on in the entire Nation.

VerDate mar 24 2004 03:39 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.095 H31PT1 H1778 CONGRESSIONAL RECORD — HOUSE March 31, 2004 So I would say to the gentleman from Madam Speaker, for over 6 months son who was supposed to give us the New Jersey (Mr. PALLONE), I thank him this administration has been fighting truth. That is his job. He is supposed to for yielding to me. Again, we all have tooth and nail against all of the facts come up with the facts. For doing so, come out. We could be at home resting, being laid out in public before this he was told he would be fired. but we cannot rest when we see the de- commission investigating 9/11 and what Former Secretary of the Treasury ceptions that are taking place for we happened. It is not just the 3,000-plus Paul O’Neill, 3 days after Paul O’Neill know that those deceptions lead to ero- people that died that day, and it is not criticized the Bush administration’s sions. It is just like a water leak in just the 570, 580 or 590-plus people now Iraq policy, the administration, one’s house, drip, drip, drip; and every that have died in Iraq and their fami- quoting from an Associated Press single drip, it may take a long time, lies that are suffering, presumably be- story, ‘‘began an investigation into but eventually something wears away. cause we were fighting terrorism, and whether any laws or regulations had And we are convinced that we have to some of us question the rationale for been violated by O’Neill.’’ The probe stand up. We could not sleep unless we that war. But all Americans deserve to came despite O’Neill having specifi- did stand. know the truth, and this administra- cally ‘‘cleared all of the documents ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tion over the last 6 months has battled with the Treasury General Counsel’s The SPEAKER pro tempore (Ms. against the commission over access to Office.’’ GINNY BROWN-WAITE of Florida). The documents and witnesses. Of course, the problem ended by fully Chair would remind all Members not to The panel has issued two subpoenas absolving O’Neill. But, right away, attribute intentional misrepresenta- to the Federal Government for aviation rather than answering the charges that tions to the President or Vice Presi- and military records, and twice had to were raised, the administration went dent. threaten to do the same for access to after the man and tried to undercut his Mr. PALLONE. Madam Speaker, I presidential briefing materials. The credibility. just want to thank the gentleman from panel fought the White House over an White House Adviser Larry Lindsey Maryland for his statement. I know he extension of its statutory deadline for was fired when he told a newspaper is also the chairman of the Congres- issuing a report which was originally that an Iraq war could cost $200 billion. sional Black Caucus. And, again, I set for May 27 in order to really do its General Anthony Zinni, fired, a re- think it is important, whether it is for- job. There has been pressure on this tired Marine general who was Bush’s eign policy or domestic policy, that we commission not to explore fully and Middle East mediator. He had the au- point out that we are not getting accu- readily exactly what happened on 9/11. dacity to anger the White House when rate information from the White House Now, fortunately, under tremendous he told a public policy forum in Octo- and it makes it very difficult for us to pressure right now, we are going to ber that ‘‘Bush had far more pressing proceed in making policy decisions if hear more information, under oath, policies than Iraq and suggested there we cannot rely on accurate informa- from the National Security Advisor, could be a prolonged, difficult after- tion from the White House. who has found it fit to speak on every math to the war. He was not re- I yield to the gentlewoman from Illi- single broadcast and radio station and appointed as Mideast envoy.’’ The nois (Ms. SCHAKOWSKY). television program about this. But now source, and that is a quote, was the As- b 2200 under oath she will appear. I think this sociated Press in July of 2003. Ms. SCHAKOWSKY. Madam Speaker, is a wise decision, and I am glad that it Even troops fighting in Iraq were I thank the gentleman so much for is going to happen. threatened for telling the truth about yielding. But I want to talk for a minute about combat in Iraq. After soldiers in Iraq Madam Speaker, I stand here today one of the strategies that is used to si- raised questions about the Bush admin- with such a pride in joining true patri- lence people who would ask those kinds istration’s deceptive WMD comments, ots who are coming to the floor tonight of questions, who would come up with General John Abizaid said no soldiers under the leadership of the gentleman information that the administration ‘‘are free to say anything disparaging from New Jersey (Mr. PALLONE), the does not like, that runs counter to the about the Secretary of Defense, or the distinguished chairman of the Congres- administration’s version of the truth. President of the United States. What- sional Black Caucus (Mr. CUMMINGS), I am not saying that the other ever action may be taken, whether it is and my colleague the gentlewoman versions are always true or more cor- a verbal reprimand or something more from California (Ms. LEE), who has rect, but what I am saying is that any- stringent, is up to the commanders on really been a conscience for all of us, one who dares to stand up and say the scene.’’ The source, ABC News. that we have to ask the questions. something different is slimed by this No, we are not even going to let We stand here as people who love our administration. Let me give you some those who are putting their lives on country. We love our country so much examples of the ways in which the in- the line publicly raise questions. that we fought to be here to represent tegrity, the competence, the motives The CIA was blamed for telling the over 600,000 people, to represent the and even the patriotism of those who truth about bogus Iraq nuclear claims. views of ordinary Americans, and we raise questions is attacked. Despite the CIA having made advance are here tonight because we are con- The Medicare actuary who came up objections to the White House about cerned that our country is losing its with the numbers that said that this false Iraq nuclear claims, ‘‘President credibility and its moral leadership Medicare bill that passed in the middle Bush and his National Security Advi- around the world; and that our democ- of the night, after arm-twisting and sor yesterday placed full responsibility racy is in jeopardy right now, because holding the record open for 3-plus on the Central Intelligence Agency for democracy depends on the truth. hours, the actuary who came up with the inclusion in this year’s State of the It depends on the light of day. It de- dollar figures that said it really was Union Address of questionable allega- pends on discussions being held out in going to cost about $140 billion more tions that Iraq’s Saddam Hussein was the open, so that people can make up than the administration said, was trying to buy nuclear weapons.’’ their own minds, so the facts, the real warned that he would be fired if he told So much for taking personal respon- facts, get laid on the table. And to key lawmakers about a series of Bush sibility for words that come out of question, yes, even to question the administration cost estimates that one’s own mouth. Let us blame some- President of the United States, Madam would have torpedoed, or could have, one else. Speaker, about things that have been any Congressional passage of this And then, of course, there is Richard said, and the Vice President of the White House-backed Medicare prescrip- Clarke. United States. tion drug plan. But even before I get to him, the Sec- No one in this great democracy is be- Richard S. Foster, the Chief Actuary retary of Commerce the other day, in yond being questioned, and that is the for the Centers for Medicare and Med- talking about people who are con- duty of Americans, not just of Mem- icaid Services, told colleagues last cerned about losing their jobs, because bers of Congress, but of citizens of the June that he would be fired if he re- jobs are being exported overseas, said United States, of the media, of the vealed the numbers relating to higher that basically this kind of outsourcing press, to find out the truth. estimates to lawmakers. This is a per- is really a good thing for the economy.

VerDate mar 24 2004 02:50 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.097 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1779 ‘‘People who are out of work because of economy. That has been the mantra forward and say, here is what we will outsourcing, who said, no, they think many people have chanted. do to stop that. We will begin to im- maybe we ought to try and keep jobs at I do not hear, even from the other pose protectionist measures. We will home, he called them economic isola- side, however, a resolution to this. I do say to other countries that we will not tionists, and he said economic isola- not hear anybody saying, well, we allow your goods into our country be- tionists wave the flag of surrender, should not have free trade, that we cause you are subsidizing them in your rather than the American flag.’’ That should establish some sort of economic country, and it is unfair. We will pun- is a quote. barrier to free trade, we should estab- ish corporations for sending jobs off- So, in other words, people who are lish tariffs. shore. out of work because their jobs have They can and do rail about the fact Now, we can do that, we can say that, gone overseas and have the audacity to that we are maybe losing jobs in this and we can even actually pass laws to complain about our policies that do new economy, in this new-world econ- accomplish those goals. But will they that are said to wave the flag of sur- omy, and that it is, of course, therefore stop this phenomenon? Can we do any- render and not the American flag. the President’s fault. No one has in thing to reverse what appears to be an What does that mean? They are not fact, that I know of, come up with a inevitable change in the economic sta- patriots? These people, whose children plan that would suggest a protectionist tus of America and of America’s work- every day go to school and say the policy be implemented, that in fact we ers? pledge to the flag while dad or mom is should begin to look at things like tar- I do not come to this floor to tell my looking for a job? iffs to protect American jobs. That is a colleagues that I have an economic f hard case to make, and it is one alter- model we can impose that I know will native, of course, to the present course achieve the goal of keeping jobs in THE CHALLENGING QUESTION OF of free trade. America and keeping our standard of JOBS LEAVING AMERICA We can begin to restrict America’s living high. But I do have a suggestion The SPEAKER pro tempore (Ms. trade policies. We can begin to erect that I believe we can look to and that GINNY BROWN-WAITE of Florida). Under barriers. We can begin to say to other all of us should be able to say, this may the Speaker’s announced policy of Jan- countries that if they do not react in work. It is both logical and it is, in uary 7, 2003, the gentleman from Colo- what we would call a fair way to our fact, the responsible thing to do. rado (Mr. TANCREDO) is recognized for trade policies that we will in fact im- But we will never hear, Madam 60 minutes. pose some sort of penalty, we will raise Speaker, we will never hear our oppo- Mr. TANCREDO. Madam Speaker, I a tariff barrier. nents, ever, suggest what I am going to appreciate the opportunity to address We can in fact even adopt policies, suggest as a way of protecting Amer- the House. tax law, that would be designed to pre- ican jobs, because their purpose is not It is appropriate, I suppose, that we vent companies from or punish compa- to protect American jobs. Their pur- continue with the discussion we are nies for offshoring jobs, for moving jobs pose is to make political points. Their having about jobs. It is an interesting from the United States to other coun- purpose is to make Americans, who are one, it is a challenging one. It is cer- tries. fearful of their own jobs and those who tainly an issue that will be with us for have lost jobs, vote for them, as op- b 2215 quite some time, certainly during the posed to the President or Republicans, next several months as we approach Those are policy options. Now, would just out of the fear. But there is never the election. they stop the offshoring of jobs? Would a solution that they propose, and cer- We know that there is a great deal of people then say, okay, because I have tainly not the one that I am going to anxiety in the Nation, there is a great to pay an extra tax for doing that, I suggest tonight. deal of concern about the degree to will not adopt this particular proce- Madam Speaker, in this country which the exportation of jobs from the dure? Well, I do not know. In some today there are between 13 million and United States, the outsourcing, as it is cases, it may work; in other cases, it 15 million people who are here ille- referred to, has affected our economy, may not. gally. That is to say, they have come has affected the unemployment statis- Because, in reality, the competitive across the border of the United States tics and affected Americans in ways world in which we live is one that does without our permission. For the most that are quite alarming sometimes. not care whether or not jobs are lost in part, they have come for the purpose of We wonder about exactly how it is any particular country. It does not taking jobs. We hear this all the time, that we can treat this issue. Number matter. The economy does not have a even from people on our side of the one, is it for real? The outsourcing of conscience. The world economy does aisle, that the people who are coming jobs has sometimes been described as a not look at a net loss of jobs in country here illegally are coming here simply good thing from an economic stand- A and a net increase in jobs in country to take the jobs that no one else will point. I heard my colleagues on the B and say, there is something immoral take. other side of the aisle talk about that about that. It just says, that is the way Well, I do not know how it is in the and suggest that someone was being it has to work. districts of my colleagues or anywhere disingenuous in that description. This is difficult for any Member of else in the country, but I will tell my Well, Madam Speaker, I do not know Congress, for any Member, any elected colleagues that in my district there are whether or not the outsourcing of jobs person in the United States to have to many people who are out of work and from the United States does in fact deal with, because our natural tend- who are looking for any job. They will cause a net loss in jobs. I have a ency is to say, here is what we will do take a job in the high-tech sector from sneaky feeling it may. I am concerned to solve that problem. We will stop which they were fired because someone about the possibility that it does. this. We will not allow jobs to be ex- came in to work for less money, or We recognize that there is a phe- ported from the United States. We will their job was outsourced, or they will nomena, a world economy that chal- do things that absolutely ensure that take a job, many people, who do not lenges us as never before in terms of we will always have a very high stand- have the kinds of skills that would trying to figure out how exactly to ad- ard of living and that our jobs will be allow them to even think about a job dress the issue of jobs, how to protect protected. That is what we would like in the high-tech industry, they will them. to do. But, of course, the problem is take a job as roofers or as drywall In the past, and for the last actually how to do that. hangers or as bricklayers or as, yes, 150 or so years, a lot of people have I assure my colleagues, nothing we even, believe it or not, people who been wedded to the concept of free heard tonight from the other side is a would clean our houses or cut our trade as described by various econo- solution. Nothing. It is simply a series lawns. They are people who are in des- mists, from Ricardo and Adam Smith, of complaints; and it is demagoguery perate need of a job. and we adhere, most of us, to the con- to stand up on this floor or anywhere But we are importing millions of peo- cept that free trade is good in the long else and simply rail against the ‘‘loss ple to take those jobs. Why? Because run and produces in fact a more viable of jobs’’ unless one is willing to come they will take them for less money

VerDate mar 24 2004 02:50 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.099 H31PT1 H1780 CONGRESSIONAL RECORD — HOUSE March 31, 2004 than the previous person was willing to Yet the members of the other side caught yesterday, according to the take. It is a constant series of someone and even members of our own party Border Patrol. By the way, April and undercutting the person who was there would rather ignore the law, would May are typically the peak months for their job. rather suggest it does not exist and ahead of a hot summer. Madam Speak- Now, this importation of cheap labor that we will look the other way. Be- er, a half a million people came into has an effect on our economy. And, yes, cause, on the one side, they are con- this country illegally in 6 months in it is true that some commodities are cerned about the votes that they would one sector. less expensive and that we can prob- be losing if we stopped the flow of im- Where do they go? Now if, in fact, ably get our lawns cut, our laundry migration, both legal and illegal, or re- they are just coming for the jobs Amer- done, our houses cleaned, and any one duced it; and on our side, oftentimes icans will not take, which is what we of a variety of other things for less because we are fearful that we will stop hear all the time, right? What are the money because there are so many peo- the flow of cheap labor. In any case, 500,000 jobs those people are going to ple here who are willing to work for the borders remain porous, and the take when they get here that are just very little, and they have displaced the numbers begin to overwhelm us. waiting out there? Right? Because, of person who was doing that job for a lit- Let me point out something that I course, that is what we are told is the tle more. So to that extent it benefits find absolutely incredible. First of all, case, that there are millions and mil- a certain segment of our society. In the let me say, Madam Speaker, that when lions of jobs going begging. Madam long run, however, I think it is a det- I go down and visit the border and talk Speaker, I ask my colleagues, in my riment to all of us. to our Border Patrol people, which I do colleagues’ districts, are there thou- So if we really wanted to address the often on both the southern and north- sands and thousands of jobs we cannot issue of jobs, why would we not say ern borders, one of the things I hear fill? I tell my colleagues it is not the that one way to do it is to, in fact, most often is an admonition from case in my district. limit the number of people who are them, and it goes something like this: b 2230 coming into this country illegally, why Congressman, when you go back up would we not say that we are going to there, please, please tell your col- I do not know of a district where defend our borders, stop the importa- leagues, do not talk about, do not ever want ads are going without response. tion of cheap labor illegally into this mention the word ‘‘amnesty’’ for the Nobody wants the job. Thousands and country and even reverse the flow by people who are here illegally. Because thousands. 500,000 in the last 6 months. levying fines against people, which is they say every time that happens up Where are they going? Where are they the law, of course. The law today al- there, meaning here, the flood we are working? Are they, in fact, just taking lows us to levy fines against people trying to stop on the border becomes a jobs Americans do not want? Or are who have hired people who are here il- tidal wave, naturally, of people who are they, in fact, displacing American and/ legally. And if we do that, we will, in coming to obtain this ‘‘amnesty.’’ If or immigrant labor who came here be- fact, be able to reverse this flow. they can sneak in under the radar fore them and doing so because they People who are here illegally, if they screen, if they can sneak in in time, will work for less? are not able to obtain jobs and the so- they will get an amnesty. That is what The President said in his speech that cial service benefits that we so lib- they think. So the numbers become he wants to match every willing work- erally provide, they will return to their overwhelming. er with every willing employer. But I country of origin. We do not have to Let me tell my colleagues what has ask the President to please think about ‘‘round them up in cattle cars’’ and happened in one sector, one portion of that statement. I ask him to determine send them out or anything of that na- our border, the Tucson sector, which, whether or not he really means that, ture. These are the pictures that our of course, as my colleagues know, is matching every willing worker with opponents try to portray all the time just one spot along a 5,000-mile border, every willing employer. of this horrendous experience. But, in north and south. Since October 1 of Well, I would suggest that there are fact, we could simply enforce the law last year, which is the beginning of our billions of willing workers all over the and secure the border and achieve the fiscal year, to date, about 6 months, world looking for the opportunity to goal of reducing the number of people the number of people interdicted, the come here and, in fact, undercut some- who are here illegally. number of people stopped at the Tuc- one, underbid someone who is presently But those people who do not go home son sector in the last 6 months has here for their job. Do we really believe under those conditions should, in fact, reached 211,450. That was as of a few that? If so, why do we even have immi- be deported, because that is the law. days ago. They are stopping about 3,000 gration policy? If, in fact, our purpose We may not like the law. There are a or 4,000 a night. Almost a quarter of a is to simply let markets determine the number of people on the other side million people by now in 6 months have flow of goods, services, and labor, why who, of course, despise the law, but it been stopped at the Tucson sector, on do we have immigration policies? Why is the law, and it is something that we the Tucson sector of the border. do we say here is how many people can must deal with. We can try to ignore Madam Speaker, for every single per- come into this country legally? Why do it. We can try to pretend these laws do son that comes into this country, I we not just say the border is meaning- not exist. We can try to pretend the mean every single person that we stop less, but if you get here, however you laws about immigration are nothing at the border, 2 or 3, 5 or 10, we do not get here, you are here. You are a resi- more than the selections on a Chinese know for sure how many, but certainly dent. You can apply for any job, you restaurant menu: We will take one a minimum of let us say 2, for every can obtain any benefit, you can even order of this, two orders of that, no one we get, 2 get by us, minimum. It is vote. rice, and be particular about which probably far more than that, but a What is the purpose of a border if we laws we will, in fact, enforce and which minimum of 2. That means that in the are really and truly going to say what- laws we will not. But that is not the last 6 months, a half a million people ever person is willing to work should way our society is built. have entered this country illegally just be matched with any person willing to Madam Speaker, we are supposed to in the Tucson sector, and successfully employ them? At that point in time it be a nation based on the rule of law entered the country. Madam Speaker, a truly is a world economy, is it not? and the respect for the law; and the law half a million people in 6 months in one What sense does a border make under says if you are here illegally, you sector. This is, by the way, a 46 percent those conditions? should be deported. The law says that increase from this time last year. Why should we impose any restric- if you hire someone who is here ille- In the month of March, apprehen- tions? Why should we hand out visas? gally, you should be fined; and if you sions, with at this point 3 days still re- Because it does not matter, you see. If continue to do it, you could actually go maining, are 62,946, the month of people are coming here to work and to jail. That is the law. In this body March. That is up 34,100 from last year, there are employers willing to hire where we make law, this is supposed to an increase of 85 percent. Madam them and they are willing to work for be the place where we have the ulti- Speaker, 3,067 when this report was even less than that employer is paying mate respect for the law. done, which was 3 days ago, 3,067 were at the present time, why should we

VerDate mar 24 2004 02:50 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.101 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1781 interfere? It is just markets. It is just But, Madam Speaker, I am willing to And we have said that that is against the way of the market and the world take that chance. And I am willing to the Federal law. economy. pay that price. Because porous borders I tried to add a penalty to that in the Well, Madam Speaker, I do not know are dangerous. They are dangerous to last session of Congress and I was un- whether we can begin to control the this country, they are dangerous to our successful. I tried to say that no one flow of jobs offshore, being exported economy, certainly, and they are dan- could apply, no State or city, could offshore. I do not know because tech- gerous, they are a danger for our sur- apply for funds under the Homeland Se- nology today, of course, makes it in- vival. We must, in fact, do something curity Act or when we were also pass- credibly difficult to control the flow of to achieve some degree of security and ing the Justice appropriation, nobody work to worker. And you can push, you control over our borders. It is impera- could get funds, nobody could get can move work to worker anywhere in tive. It is the thing that distinguishes grants if they had passed these sanc- the world because of technology. It is a country to be able to determine who tuary laws. I think we got about 120 true. comes and who goes and for what pur- votes. I do not know whether there is any pose and for how long. Now, that is incredible to me. Here is law we can pass, which is one reason And there is nothing racial about it; a body that passed a law and said it our friends on the other side do not there is no ethnic issues, all the stuff was illegal to do something, but when suggest them, because they do not that our opponents want to throw on we tried to apply a penalty to it, we know either; and they are petrified to this heap. You know all the epithets could not get a majority of the mem- say something like we will actually that they want to throw out. All the bers to agree to it. This is a travesty, impose a tariff. They will not say it be- names that they want to call people Madam Speaker. This is a travesty. cause they are afraid of the ramifica- who simply ask for secure borders will And it truly is something that we as a tions of it also. So they simply scream not stop certainly me, and I hope oth- Nation have to think about in terms of about jobs. ers, from raising the concern, from sug- calling ourselves, if we want to go Well, whining and screaming and gesting that it is imperative that our around the world and talk about the complaining will not change a thing. It country secure its borders and uphold fact that we are a Nation that reveres may get more of them elected, it may the rule of law. And, yet, we refuse to get more people to vote against the its laws. If, in fact, we do not believe that actually enforce our own. President and against Republicans, there is a purpose; if, in fact, there is And so I say to my colleagues, I have that is their purpose, that is all they something wrong with our immigration told the President that if he does not care about. But it will not change the policy; if we do not think there is a believe in borders and if he does not be- job situation in this country. But I sug- reason for us to actually have borders, lieve in immigration law, then let us gest that everyone in this body, and have INS agents, have Border Patrol, repeal them. It would be better to do so the President could do something to- than to pretend as though we have morrow to improve the jobs situation then let us repeal them, repeal those them but only be selective in the way in our country without imposing a tar- laws. There is no purpose, is there, for we enforce them. iff, without taking one protectionist them if we intend to ignore them? There is a fascinating thing, Madam Now, I am a ‘‘no’’ vote, by the way. I step, but they could begin to enforce Speaker, there is a law on the books, believe that immigration laws are im- the law, the law that is presently on we passed it in 1994 or 1996, I am not portant, I believe borders are impor- the books that says you cannot hire sure which, but it was a law that said tant, but if I am in the minority in people who are here illegally, the law that, so be it. That is the way our gov- that says you cannot come into the this: That if any state or locality ernment is supposed to work. But I country illegally. That is all we need passes laws to restrict the ability of want a full-fledged debate, and I want to do to improve the job situation in the State from obtaining—from the our colleagues to have to stand up on America dramatically. INS obtaining information, if you re- Because, Madam Speaker, it is not strict the flow of information to or bar the floor and take a vote. And I want the President of the just, by the way, people coming here to the flow of information from the Immi- do menial jobs who are sneaking into gration and Naturalization Service, it United States to take a position on the country. There are people paying is against the law. It says that is a vio- whether or not borders matter. Be- thousands and thousands of dollars to lation of Federal law. Now, that is cause if they do, then there are deci- be snuck into the country. They are what we said. That is the law we sions that you have to make. If borders not coming in, by the way, to work in passed. Unfortunately, we put abso- matter, then you have to defend them. the local 7–Eleven or in somebody’s lutely no sort of penalty behind it. You have to secure them. If they are of vineyard. They are coming in for other And so, of course, States and cities no consequence, then simply take down purposes. Some of them very nefarious routinely violate this law, passing the barriers, take down the ports of purposes, some of them paying thou- what we call sanctuary city laws, tell- entry, abolish the Border Patrol, abol- sands of dollars to be here. ing their police departments, for in- ish the INS, because there is no pur- In fact, Madam Speaker, some Middle stance, that they should not report pose for them. They are a very expen- Eastern clients will pay $50,000 to be when they actually arrest someone sive sort of luxury to have to pretend smuggled into the United States. As I who is here illegally. They should not that we have an immigration policy say, they are not coming here to take report that to the Federal Government. which we do not have the slightest in- a menial job. They are coming here for Time and time again, by the way, we tention of actually enforcing. something else entirely. And I am fear- have situations where folks who are There are enormous implications to ful to think about what it is and how here illegally, commit a crime, they porous borders. There are political im- many are here and how many are com- are caught, there is an adjudication, plications, there are cultural, there are ing here illegally, across those porous they sometimes are sentenced; but no economic, there are social, and there borders, alongside and in between and one ever tells the INS, so, of course, are national security implications. Be- hidden among thousands of people who the INS does not come and deport sides that, there is another aspect to are coming just to take the jobs no them, which is what they are supposed this: massive immigration into this American will take. to do because they do not know they country, into any country, actually, I dare us, I dare the President of the are there. And this person walks out on when that immigration meshes with, United States, I dare the Congress of the street and commits another hei- combines with a sort of, what I call a the United States to test that theory. nous crime. Time and time again this radical multi-culturalism, a philosophy Just test it and see whether or not has happened. that permeates the society, a philos- there really are all these jobs Ameri- There are literally thousands of cases ophy that tells our children and immi- cans will not take. Just test it. Let us where people who are here illegally and grants that there is nothing of value in see. And you know what? If we reduce who should have been deported because our country, nothing to hold on to, no the supply of cheap labor, yes, it is pos- they have committed a crime, but they heritage worth someone’s allegiance, sible we will have to pay a little more were not deported because that crime when we tell our own children in for certain goods and services. was never, ever reported to the INS. schools that there is no reason for

VerDate mar 24 2004 02:50 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.103 H31PT1 H1782 CONGRESSIONAL RECORD — HOUSE March 31, 2004 them to have any attachment to West- word winter in a carol to be sung in a raising their hand because they may ern Civilization or to the American ex- school program so as not to appear to have been asked to actually defend the perience; and we tell immigrants the be favoring one faith over another. proposition, and that is what made same thing that they should keep their In a school district in New Mexico, them uncomfortable. I taught for many language, that we will actually teach the introduction to a textbook called years, and I could see that look in their them in the language that they have ‘‘500 Years of Chicano History in Pic- eyes: if I raise my hand, you might call when they come here, teach their chil- tures’’ states this book was written in on me, and I do not know if I can actu- dren in that language other than response to the bicentennial celebra- ally defend that proposition, that English, when we encourage them to tion of the 1776 American Revolution. America is the greatest. What if you stay separate, when we encourage them Not a bad idea. This is an interesting ask me to prove it? What if you ask me to actually keep their political alle- thing. But it was written ‘‘in response why I believe that it is? So it is best I giances to the country of origin. This to the bicentennial celebration of the just do not even raise my hand. becomes extremely problematic, and it 1776 American Revolution and its lies.’’ And it is because, Madam Speaker, goes even beyond the other issues of That is what the book was written for. that they have been taught that they economy, of jobs, health care issues, Its stated purpose is to celebrate ‘‘our should not dare suggest that this is social issues. resistance to being colonized and ab- something good, individually signifi- b 2245 sorbed by racist empire builders.’’ The cant, and in fact the best. What would book describes defenders of the Alamo people think if you said you lived in This goes to really the core of our so- as slave owners, land speculators, and the best country in the world? How ciety and whether we are going to be Indian killers. Davey Crockett is de- would they react? How would I defend able to remain a Nation at all. And this is happening, this cult of scribed as a cannibal. The 1847 war on it? This is the product of this multiculturalism, it certainly does per- Mexico is described as an unprovoked multiculturalist phenomenon. And when you combine it with mas- meate our society. We see signs of it all U.S. invasion. The chapter headings in- sive immigration into the country, of over the place. As an example: at Los clude, Death to the Invader, U.S. Con- people who are not coming here nec- Angeles Roosevelt High School, an 11th quest and Betrayal, We Are Now a U.S. grade teacher told a nationally syn- Colony, In Occupied America, and They essarily to become American but sim- dicated radio program that she dislikes Stole the Land. This is a textbook used ply to get the job no one else would the textbooks she has been told to use in New Mexico. get, and you tell them this same stuff, and the State’s mandated dated history There are literally hundreds of exam- that there is nothing unique, nothing curriculum because they ignore stu- ples that I could give of this cult of good, nothing of value, then we are cre- dents of Mexican ancestry. She says be- multiculturalism, this attempt to ating a Balkanized society that will cause the students do not see them- make children sensitive to other cul- not know the answer to the question of selves in the curriculum, she has cho- tures by degrading our own. This is the who are we. sen to ‘‘modify that curriculum by re- concept that we live in this world Who are we, is a great question. What placing it with activities like mural where I am okay, you are okay cul- is our purpose? What is the thing that walks.’’ Mural walks. These are in- tures and civilizations; that everyone we should all be gathering around? Are tended to open the eyes of the students is the same as everyone else and that there any ideas or ideals that all of us, to their indigenous culture. all things are relative. We cannot con- regardless of whether we are from When on one of these walks they demn or look down upon or criticize Azerbaijan or Zimbabwe, whoever we were confronted by one of the individ- any other nation, culture, or civiliza- are, when we come here to the United uals who had made one of these painted tion. States, is there nothing at all that we murals, they became the teacher and Well, this has seeped into the fabric should establish as being the primary went on to tell the children that their of our society to the point where about thing people should adhere to; some education is one big lie after another a month ago I went to a high school in ideas that are of value and that sepa- and that they essentially have no rea- my district. It was recently built and rate us from all the rest of the world; son to be connected to the American in one of the wealthiest counties in things like the concept of the rule of experience and they should, in fact, America. It was a beautiful school, law; all of those things that are identi- hate it. with all the finest trappings, and fied in the Bill of Rights, especially in Now, this is one tiny example that is bright-eyed bushy-tailed kids who cer- the first amendment? magnified 100,000 times around the Na- tainly were competent in skills in a va- Those are uniquely Western ideas. tion in a million ways. riety of areas. They came in to talk to This Nation, as opposed to all other na- In a textbook called ‘‘Across the Cen- me. We had about 200 of them. And at tions, was founded on ideas. No other tury,’’ which is used for 7th grade his- the end of the conversation, they sent nation has that claim. In that respect, tory, the book defines the word jihad up several questions. One of them was, we are unique and wonderful. But we as ‘‘to do one’s best to resist tempta- What do you think is the most serious are also vulnerable. I mean, it is in fact tion and overcome evil.’’ problem we face as a Nation? ideas that we need to hold us together. In 2002, the ‘‘New Guidelines For I said, Well, before I answer that It is not ethnicity. We do not all look Teaching History’’ in the New Jersey question, I am going to ask you a ques- the same and have the same back- public schools failed to mention Amer- tion. Remember, 200 high school stu- ground. We did not come here speaking ica’s Founding Fathers, the Pilgrims, dents. I said, How many of you believe the same languages or even worship- or the Mayflower. that you live in the greatest country ping the same God. So what other na- In a Prentice Hall textbook used by on Earth? Take a guess, Madam Speak- tions have to hold them together, the students in West Palm Beach, titled ‘‘A er, as to how many raised their hand. culture that they share in common, we World in Conflict,’’ the first five pages Out of 200 students, and the question do not have. of the World War II chapter cover such was, Do you believe you live in the All we have, Madam Speaker, is ideas topics as women in the Armed Forces, greatest country on Earth, about two that made this country, and they are racial segregation and the war, Black dozen said yes. About two dozen actu- articulated in the Constitution and es- Americans and the home front, Japa- ally raised their hands. pecially in the Bill of Rights. And it is nese Americans being interned, and Now, I found this incredible. And imperative we tell our children in high women and the war effort. Now, what I said was, I can answer your school about them and that we trans- Madam Speaker, some 292,000 Ameri- question now about what I think is the mit those values and ideas and ideals cans died in that war, almost all of greatest problem. And this is it, the to them. It is imperative that we ask, them white; but in the school text fact that 175 of you or so could not an- in fact demand from people who are white male soldiers are represented far swer this question in the affirmative. coming in to this country, that they less in photos and words than all oth- And many of them, Madam Speaker, also adhere to them. ers. I do not think for a moment were say- That is not too much to ask. We are A Washington State teacher sub- ing I hate America. Most of them sim- not asking people to change their reli- stituted the word Christmas with the ply could not feel comfortable about gion. We are not asking them to

VerDate mar 24 2004 02:50 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.104 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1783 change their cultural identity. We are against it? Why should we not be able American than just getting a job. At asking them to rally around a set of to do that? Well, because, of course, we least there should be. It should mean ideas. We should be asking, and we may be offending someone else. more than that. Or else we are just a used to ask that. We asked it of my b 2300 place of residence, that is all, not citi- grandparents. But we do not ask it any zens. We are just a place of residence, more. In fact, we attempt to stop it. We are not saying that anybody people who reside here, not people who There is this hatred. It is almost a should condemn any other civilization, have an affinity for the ideas and ideals death wish for the country, in a way, should criticize any other civilization. that made America what it is. This is that continues to push us in this direc- We are just saying they should be able my fear. It is one that is sometimes to articulate an appreciation of west- tion, this radical multiculturalist path. difficult to encapsulate, even in an ern civilization, which is what started There are certain ideas that hour-long speech, although I appreciate this. I do not care again if you are here supercede others, and I suggest that di- the ability that the House provides for from Azerbaijan or Zimbabwe. Any- versity is not one of them. I mean, the us to come here on the floor and opine body coming here should eventually be one thing that we supposedly all have like this. able to articulate that appreciation. It in common should not be our love of di- It is I think a very serious issue, and is important because it does in fact es- versity. There are other things that are I hope and I pray that we will as a Na- tablish a canon, a set of ideas, around more important. There are ideas that tion begin to grapple with it and that which we should all gather. are more important, and we should I have introduced that resolution. I even in this House we will begin to de- teach our children about them, and we have also asked other State legislators bate what it means to be an American should teach immigrants to respect all over the country to do the same and what we have to do in terms of our and adhere to them. We do not do this, thing. I think to date we have 15 or 20 own domestic policy and our immigra- I think, to our peril. State legislators who have agreed to do tion policy to enhance that concept. It So when I talk about the issue of im- so in their individual States. I have will determine not just what kind of a migration and immigration reform, it several hundred people who have gone nation we are in the future that is bal- is not simply because I am concerned to our Web site, www.house.gov/ kanized, united or divided, it will de- about jobs, which of course I am, and I tancredo, and gone to Our Heritage Our termine whether we are a nation at all, believe it is a significant factor and Hope page and there they can sign up, and that is why we absolutely must something we should talk about when they can take a resolution, I have got enter into this debate. we talk about jobs. It is not just be- a model resolution that they can take f cause I am concerned about the impact to their school board and have them RECESS on our economy in terms of the health pass it saying that their children will care costs and social service benefits be able to articulate this. The SPEAKER pro tempore (Ms. that massive immigration imposes on I hope people will do that. I hope peo- GINNY BROWN-WAITE of Florida). Pursu- us, although I am concerned about ple will actually go to our Web site, ant to clause 12(a) of rule I, the Chair that. And it is certainly a concern take that resolution, go to their school declares the House in recess subject to about the costs we have to incarcerate. board and ask them to adopt it. If the call of the Chair. Twenty-five percent of the population nothing else but to hear the debate Accordingly (at 11 o’clock and 4 min- of our Federal prisons, 25 percent, are that will ensue. If nothing else but to utes p.m.), the House stood in recess people who are noncitizens of the hear somebody say, oh, no, we could subject to the call of the Chair. United States. These are huge costs we not, absolutely could not ask a student f incur. or demand that of our students, that Cheap labor is not cheap. Or I should they be able to articulate an apprecia- EXECUTIVE COMMUNICATIONS, say it is only cheap to the employer. It tion for western civilization. Would ETC. is not cheap to the rest of us. It costs that not be an interesting debate? I Under clause 8 of rule XII, executive a fortune. And those things we should hope they will do it. communications were taken from the talk about. But those things are not Once again, it is www.house.gov/ Speaker’s table and referred as follows: even the most dangerous aspects of tancredo, go to Our Heritage Our Hope. massive immigration, both legal and il- 7350. A letter from the Director, Regu- I hope they do it, Madam Speaker; latory Review Group, FSA, Department of legal, until it combines with this cult and I hope all over this country we will Agriculture, transmitting the Department’s of multiculturalism. That is the dan- begin this debate as to whether or not final rule — Farm Loan Programs Account gerous thing. this is an important requirement and Servicing Policies--Elimination of 30-Day And this is a tough subject. It is very whether it is meaningful and whether Past-Due Period (RIN: 0560-AG50) received difficult sometimes, I know, to make our children and the people who come March 23, 2004, pursuant to 5 U.S.C. this case because its requires us to into this country should be able to 801(a)(1)(A); to the Committee on Agri- really think about this in depth. You rally around a set of ideas that sepa- culture. 7351. A letter from the Assistant Secretary, can make bumper stickers out of a rate us from all other places. chunk of this discussion, but you really Department of Defense, transmitting the De- Because, Madam Speaker, I have ab- partment’s Evaluation of the TRICARE Pro- have a hard time conveying this in a solutely no doubt about it, this is the gram FY 2004 Report to Congress, pursuant 30-second commercial. It is so much greatest nation on the face of the to 10 U.S.C. 1073 note; to the Committee on easier to use slogans and demagoguery, earth. There is plenty of empirical evi- Armed Services. as our opponents are so able to do and dence to prove it. Because when the 7352. A letter from the Secretary of the so wont to do. gates are opened all over the world, Navy, Department of Defense, transmitting a I do hope that we will think about which way and where do people go? proposal to transfer the historic harbor tug this. I introduced a resolution a couple You just do not see that many fleeing ex-HOGA (YTM 146) to the Arkansas Inland of weeks ago; and it simply states that Maritime Museum, North Little Rock, Ar- from the West to say, Pakistan or kansas, a non-profit organization, pursuant all people, all children graduating from Zimbabwe or anywhere else, but you to 10 U.S.C. 7306; to the Committee on Armed our schools, it is a sense of the Con- see millions flowing here. Services. gress, should be able to articulate an People do speak and vote with their 7353. A letter from the Secretary, Federal appreciation for Western Civilization. feet; and to the extent that they can Trade Commission, transmitting the Com- What is so tough about that? And yet I get here, they will come, or to western mission’s final rule — Prohibiting Against do not know whether we are even going Europe, because it offers something Circumventing Treatment as a Nationwide to get it on the floor of this House for that they do not have. It offers hope. I Consumer Reporting Agency (RIN: 3084- fear someone will be offended by the do not blame them for trying to come. AA94) received March 2, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- discussion of whether or not our chil- It is the hope and desire I think of nancial Services. dren should be able to articulate an ap- most people to certainly improve the 7354. A letter from the Assistant Secretary, preciation of Western Civilization. quality of their life economically. Division of Corporation Finance, Securities Now, you may say, well, who could be But all I am saying is that, when you and Exchange Commission, transmitting the against that? How could anybody be get here, there is more to being an Commission’s final rule — Additional Form

VerDate mar 24 2004 02:50 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.106 H31PT1 H1784 CONGRESSIONAL RECORD — HOUSE March 31, 2004 8-K Disclosure Requiremtns and Accelera- B4-600R, C4-605R Variant F, and F4-600R (Col- 7373. A letter from the Program Analyst, tion of Filing Date [Release Nos. 33-8400; 34- lectively Called A300-600); and A310 Series FAA, Department of Transportation, trans- 49424; File No. S7-22-02] (RIN: 3235-AI47) re- Airplanes [Docket No. 2002-NM-04-AD; mitting the Department’s final rule — Modi- ceived March 17, 2004, pursuant to 5 U.S.C. Amendment 39-13491; AD 2004-04-10] (RIN: fication of Class E Airspace; Neodesha, KS 801(a)(1)(A); to the Committee on Financial 2120-AA64) received March 26, 2004, pursuant [Docket No. FAA-2004-16988; Airspace Docket Services. to 5 U.S.C. 801(a)(1)(A); to the Committee on No. 04-ACE-6] received March 26, 2004, pursu- 7355. A letter from the Director, OSHA Transportation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Standards and Guidance, Department of 7365. A letter from the Paralegal Spe- on Transportation and Infrastructure. Labor, transmitting the Department’s final cialist, FAA, Department of Transportation, 7374. A letter from the Program Analyst, rule — Commercial Diving Operations [Dock- transmitting the Department’s final rule — FAA, Department of Transportation, trans- et No. S-550] (RIN: 1218-AB97) received Feb- Airworthiness Directives; Eurocopter France mitting the Department’s final rule — Modi- ruary 24, 2004, pursuant to 5 U.S.C. Model EC 155B Helicopters [Docket No. 2003- fication of Class E Airspace; Clinton, MO 801(a)(1)(A); to the Committee on Education SW-12-AD; Amendment 39-13524; AD 2004-05- [Docket No. FAA-2004-16984; Airspace Docket and the Workforce. 29] (RIN: 2120-AA64) received March 26, 2004, No. 04-ACE-2] received March 26, 2004, pursu- 7356. A letter from the Director, Regula- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee tions Policy abd Management Sta., FDA, De- mittee on Transportation and Infrastruc- on Transportation and Infrastructure. partment of Health and Human Services, ture. 7375. A letter from the Program Analyst, transmitting the Department’s final rule — 7366. A letter from the Paralegal Spe- FAA, Department of Transportation, trans- Skin Protectant Drug Products for Over-the- cialist, FAA, Department of Transportation, mitting the Department’s final rule — Modi- Counter Human Use, Astringent Drug Prod- transmitting the Department’s final rule — fication of Class E Airspace; Parsons, KS ucts; Final Monograph, Direct Final Rule; Airworthiness Directives; Boeing Model 767 [Docket No. FAA-2004-16986; Airspace Docket and Confirmation of Effective Date; Correc- Series Airplanes [Docket No. 2004-NM-17-AD; No. 04-ACE-4] received March 26, 2004, pursu- tions [Docket No. 78N-021A] (RIN: 0910-AA01) Amendment 39-13505; AD 2004-05-10] (RIN: ant to 5 U.S.C. 801(a)(1)(A); to the Committee received March 19, 2004, pursuant to 5 U.S.C. 2120-AA64) received March 26, 2004, pursuant on Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Energy and to 5 U.S.C. 801(a)(1)(A); to the Committee on 7376. A letter from the Program Analyst, Commerce. Transportation and Infrastructure. FAA, Department of Transportation, trans- 7357. A letter from the Director, Regula- 7367. A letter from the Paralegal Spe- mitting the Department’s final rule — Modi- tions Policy and Management Sta., FDA, De- cialist, FAA, Department of Transportation, fication of Class E Airspace; Larned, KS partment of Health and Human Services, transmitting the Department’s final rule — [Docket No. FAA-2004-16990; Airspace Docket transmitting the Department’s final rule — Airworthiness Directives; General Electric No. 04-ACE-8] received March 26, 2004, pursu- Prior Notice of Imported Food Under the Company CF34-8E Series Turbofan Engines ant to 5 U.S.C. 801(a)(1)(A); to the Committee Public Health Security and Bioterrorism [Docket No. 2004-NE-06-AD; Amendment 39- on Transportation and Infrastructure. 7377. A letter from the Program Analyst, Preparedness and Response Act of 2002; Cor- 13485; AD 2004-04-04] (RIN: 2120-AA64) received March 26, 2004, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- rection [Docket No. 2002N-0278] received 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule — Estab- March 19, 2004, pursuant to 5 U.S.C. tation and Infrastructure. lishment of Class D and E Airspace; Olive 801(a)(1)(A); to the Committee on Energy and 7368. A letter from the Paralegal Spe- Branch, MS [Docket No. FAA-2003-16534; Air- Commerce. cialist, FAA, Department of Transportation, space Docket No. 03-ASO-19] received March 7358. A letter from the Counsel for Rule- transmitting the Department’s final rule — 26, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to making and Regulations, Department of Airworthiness Directives; Eurocopter Fance the Committee on Transportation and Infra- Homeland Security, transmitting the De- Model AS350B, AS350BA, AS350B1, AS350B2, structure. partment’s final rule — Procedures for Han- AS350B3, AS350C, AS350D, AS350D1, AS355E, 7378. A letter from the Paralegal Spe- dling Critical Infrastructure Information; In- AS355F, AS355F1, AS355F2, and AS355N Heli- cialist, FAA, Department of Transportation, terim Rule (RIN: 1601-AA14) received Feb- copters [Docket No. 2002-SW-44-AD; Amend- transmitting the Department’s final rule — ruary 19, 2004, pursuant to 5 U.S.C. ment 39-13518; AD 2004-05-23] (RIN: 2120-AA64) Airworthiness Directives; Airbus Model A300 801(a)(1)(A); to the Committee on Govern- received March 26, 2004, pursuant to 5 U.S.C. B2 and B4 Series Airplanes; Model A300 B4- ment Reform. 801(a)(1)(A); to the Committee on Transpor- 600, A300 B4-600R, and A300 F4-600R Series 7359. A letter from the Inspector General, tation and Infrastructure. Airplanes (Collectively Called A300-600); Environmental Protection Agency, transmit- 7369. A letter from the Paralegal Spe- Model A310 Series Airplanes; Model A319, ting the semiannual report on the activities cialist, FAA, Department of Transportation, A320, and A321 Series Airplanes; Model A330- of the Office of Inspector General for the pe- transmitting the Department’s final rule — 301, -321, -322, -341, and -342 Airplanes; and riod April 1, 2003, through September 30, 2003, Airworthiness Directives; Raytheon Aircraft Model A340 Series Airplanes [Docket No. pursuant to 5 U.S.C. app. (Insp. Gen. Act) Corporation Beech Models 45 (YT-34), A45 (T- 2001-NM-302-AD; Amendment 39-13477; AD section 5(b); to the Committee on Govern- 34A, B-45), and D45 (T-34B) Airplanes [Docket 2004-03-33] (RIN: 2120-AA64) received March ment Reform. No. 2000-CE-09-AD; Amendment 39-13496; AD 26, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to 7360. A letter from the Chairman, Federal 2001-13-18 R1] (RIN: 2120-AA64) received the Committee on Transportation and Infra- Trade Commission, transmitting a copy of March 26, 2004, pursuant to 5 U.S.C. structure. the 2002 annual report in compliance with 801(a)(1)(A); to the Committee on Transpor- 7379. A letter from the Paralegal Spe- the Government in the Sunshine Act, pursu- tation and Infrastructure. cialist, FAA, Department of Transportation, ant to 5 U.S.C. 552b; to the Committee on 7370. A letter from the Paralegal Spe- transmitting the Department’s final rule — Government Reform. cialist, FAA, Department of Transportation, Airworthiness Directives; AeroSpace Tech- 7361. A letter from the Chairman, Occupa- transmitting the Department’s final rule — nologies of Australia Pty Ltd. Models N22B, tional Safety And Health Review Commis- Airworthiness Directives; Bombardier Inc. N22S, and N24A Airplanes [Docket No. 2003- sion, transmitting the FY 2003 Annual Pro- Model Otter DHC-3 Airplanes [Docket No. CE-37-AD; Amendment 39-13494; AD 2004-05- gram Performance Report, required by the 2000-CE-73-AD; Amendment 39-13493; AD 2004- 02] (RIN: 2120-AA64) received March 26, 2004, Government Performance and Results Act; 05-01] (RIN: 2120-AA64) received March 26, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to the Committee on Government Reform. 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Transportation and Infrastruc- 7362. A letter from the Regulations Coordi- Committee on Transportation and Infra- ture. nator, Department of Health and Human structure. 7380. A letter from the Paralegal Spe- Services, transmitting the Department’s 7371. A letter from the Paralegal Spe- cialist, FAA, Department of Transportation, final rule — Filing Claims Under the Mili- cialist, FAA, Department of Transportation, transmitting the Department’s final rule — tary Personnel and Civilian Employees transmitting the Department’s final rule — Modification of Class E Airspace; Spring- Claims Act — received March 23, 2004, pursu- Airworthiness Directives; Boeing Model 737- field, MO. [Docket No. FAA-2003-16763; Air- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 600, -700, -700C, -800, and -900 Series Airplanes space Docket No. 03-ACE-100] received March on the Judiciary. [Docket No. 2004-NM-03-AD; Amendment 39- 26, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to 7363. A letter from the Paralegal Spe- 13514; AD 2004-05-19] (RIN: 2120-AA64) received the Committee on Transportation and Infra- cialist, FAA, Department of Transportation, March 26, 2004, pursuant to 5 U.S.C. structure. transmitting the Department’s final rule — 801(a)(1)(A); to the Committee on Transpor- 7381. A letter from the Paralegal Spe- Modification of Class E Airspace; Fulton, tation and Infrastructure. cialist, FAA, Department of Transportation, MO. [Docket No. FAA-2004-17149; Airspace 7372. A letter from the Paralegal Spe- transmitting the Department’s final rule — Docket No. 04-ACE-15] received March 26, cialist, FAA, Department of Transportation, Airworthiness Directives; Rolls-Royce plc 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting the Department’s final rule — RB211 Trent 500 Series Turbofan Engines Committee on Transportation and Infra- Airworthiness Directives; Eurocopter France [Docket No. 2003-NE-56-AD; Amendment 39- structure. Model AS 365 N3 Helicopters [Docket No. 13525; AD 2004-05-30] (RIN: 2120-AA64) received 7364. A letter from the Paralegal Spe- 2003-SW-11-AD; Amendment 39-13523; AD 2004- March 26, 2004, pursuant to 5 U.S.C. cialist, FAA, Department of Transportation, 05-28] (RIN: 2120-AA64) received March 26, 801(a)(1)(A); to the Committee on Transpor- transmitting the Department’s final rule — 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the tation and Infrastructure. Airworthiness Directives; Airbus Model A300 Committee on Transportation and Infra- 7382. A letter from the Paralegal Spe- B2 and A300 B4 Series Airplanes; A300 B4-600, structure. cialist, FAA, Department of Transportation,

VerDate mar 24 2004 02:50 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\L31MR7.000 H31PT1 March 31, 2004 CONGRESSIONAL RECORD — HOUSE H1785 transmitting the Department’s final rule — 2120-AA64) Recieved March 26, 2004, pursuant 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Airworthiness Directives; Airbus Model A319 to 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Science. and A320 Series Airplanes [Docket No. 2001- Transportation and Infrastructure. 7392. A letter from the Director, NIST, De- NM-301-AD; Amendment 39-13498; AD 2004-05- 7387. A letter from the Paralegal Spe- partment of Commerce, transmitting the De- 04] (RIN: 2120-AA64) received March 26, 2004, cialist, FAA, Department of Transportation, partment’s final rule — Procedures for Im- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting the Department’s final rule — plementation of the National Construction mittee on Transportation and Infrastruc- Modification of Class E Airspace; Festus, ture. MO. [Docket No. FAA-2004-17148; Airspace Safety Team Act [Docket No. 030421094-3094- 7383. A letter from the Paralegal Spe- Docket No. 04-ACE-14] received March 26, 01] (RIN: 0693-AB53) received March 23, 2004, cialist, FAA, Department of Transportation, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting the Department’s final rule — Committee on Transportation and Infra- mittee on Science. Modification of Class E Airspace; Cedar Rap- structure. 7393. A letter from the Director, NIST, De- ids, IA [Docket No. FAA-2004-17144; Airspace 7388. A letter from the Paralegal Spe- partment of Commerce, transmitting the De- Docket No. 04-ACE-10] received March 26, cialist, FAA, Department of Transportation, partment’s final rule — Summer Under- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting the Department’s final rule — graduate Research Fellowships (SURF) Gai- Committee on Transportation and Infra- Airworthiness Directives; Boeing Model 737- thersburg and Boulder Programs; structure. 200 Series Airplanes Modified by Supple- Availibility of Funds [Docket No. 040108008- 7384. A letter from the Paralegal Spe- mental Type Certificate ST00516AT [Docket 4008-01] (RIN: 0693-ZA53) received March 23, cialist, FAA, Department of Transportation, No. 2002-NM-238-AD; Amendment 39-13522; AD 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting the Department’s final rule — 2004-05-27] (RIN: 2120-AA64) received March Committee on Science. Airworthiness Directives; Airbus Model A300 26, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to B2-1C, B2-203, B2K-3C, B4-2C, B4-103, and B4- the Committee on Transportation and Infra- 7394. A letter from the Acting Chief, Publi- 203 Series Airplanes; Model A300 B4-600, B4- structure. cations and Regulations Br., Internal Rev- 600R, and F4-600R (Collectively Called A300- 7389. A letter from the Paralegal Spe- enue Service, transmitting the Service’s 600) Series Airplanes; and Model A310 Series cialist, FAA, Department of Transportation, final rule — Amendment to Final Agreement Airplanes [Docket No. 2002-NM-113-AD; transmitting the Department’s final rule — for Withholding Foreign Partnerships and Amendment 39-13499; AD 2004-05-05] (RIN: Airworthiness Directives; Boeing Model 777 Withholding Foreign Trusts and Additional 2120-AA64) received March 26, 2004, pursuant Series Airplanes [Docket No. 2002-NM-14-AD; Guidance for Qualified Intermediaries under to 5 U.S.C. 801(a)(1)(A); to the Committee on Amendment 39-13521; AD 2004-05-26] (RIN: Rev. Proc. 2003-64 (Rev. Proc. 2004-21) re- Transportation and Infrastructure. 2120-AA64) received March 26, 2004, pursuant ceived March 23, 2004, pursuant to 5 U.S.C. 7385. A letter from the Paralegal Spe- to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Ways and cialist, FAA, Department of Transportation, Transportation and Infrastructure. Means. transmitting the Department’s final rule — 7390. A letter from the Paralegal Spe- 7395. A letter from the Acting Chief, Publi- Modification of Class E Airspace; Des cialist, FAA, Department of Transportation, cations and Regulations, Internal Revenue Moines, IA. [Docket No. FAA-2004-17145; Air- transmitting the Department’s final rule — Service, transmitting the Service’s final rule space Docket No. 04-ACE-11] received March Airworthiness Directives; Dassault Model — Applicable Federal Rates (AFR) for April Mystere-Falcon 900 Series Airplanes [Docket 26, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to 2004 (Rev. Rul. 2004-39) received March 18, No. 2001-NM-390-AD; Amendment 39-13510; AD the Committee on Transportation and Infra- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2004-05-15] (RIN: 2120-AA64) received March structure. Committee on Ways and Means. 7386. A letter from the Paralegal Spe- 26, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to cialist, FAA, Department of Transportation, the Committee on Transportation and Infra- 7396. A letter from the Acting Chief, Publi- transmitting the Department’s final rule — structure. cations and Regulations Br., Internal Rev- Airworthiness Directives; McDonnell Doug- 7391. A letter from the Director, NIST, De- enue Service, transmitting the Service’s las Model DC-9-81 (MD-81), DC-9-82 (MD-82), partment of Commerce, transmitting the De- final rule — Loss Limitation Rules [TD 9118] DC-9-83 (MD-83), DC-9-87 (MD-87) and MD-88 partment’s final rule — Advanced Tech- (RIN: 1545-BC84) received March 18, 2004, pur- Airplanes [Docket No. 2002-NM-170-AD; nology Program [Docket No. 040209047-4047- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Amendment 39-13503; AD 2004-05-09] (RIN: 01] (RIN: 0693-ZA56) received March March 23, mittee on Ways and Means.

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

VerDate mar 24 2004 02:50 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 8633 E:\CR\FM\L31MR7.000 H31PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, WEDNESDAY, MARCH 31, 2004 No. 43 Senate The Senate met at 9:30 a.m. and was appoint the Honorable NORM COLEMAN, a MORNING BUSINESS called to order by the Honorable NORM Senator from the State of Minnesota, to per- The ACTING PRESIDENT pro tem- form the duties of the Chair. COLEMAN, a Senator from the State of pore. Under the previous order, there Minnesota. TED STEVENS, President pro tempore. will now be a period for the transaction of morning business until 10 a.m. The Mr. COLEMAN thereupon assumed PRAYER first half of the time will be under the the chair as Acting President pro tem- The Chaplain, Dr. Barry C. Black, of- control of the majority leader or his pore. fered the following prayer: designee. The final time will be under Let us pray. f the control of the Democratic leader or Eternal Spirit, source of the light his designee. that never dims and of the love that RECOGNITION OF THE MAJORITY The majority leader. never fails, light of our life, empower LEADER f us to live blameless and upright, so The ACTING PRESIDENT pro tem- ACTION BY THE EUROPEAN UNION that we will have a future of peace. pore. The majority leader. AND SENATE DEMOCRATS Thank You for both joys and sorrows, for they lead us nearer to You. Thank f Mr. FRIST. Mr. President, on leader You also for the signs of Your presence time, I would like to just make a cou- in our world and for the coming day SCHEDULE ple comments on two events that took place last Wednesday. when Your will shall be done on Earth, Mr. FRIST. Mr. President, this morn- On that day, two organizations made even as it is done in Heaven. Remember ing, the Senate will conduct a period of decisions that were very disappointing our Senators. Strengthen and encour- morning business until 10 a.m., with to me. One of those organizations was age them. Give them a faith that can the first half of the time under the con- the European Union and the other was overcome all obstacles. May they never trol of the majority leader and the sec- the Senate Democrats. I was dis- cast away their confidence in You. Fill ond half of the time under the control appointed by the Senate Democrats be- each of us with the joy and peace that of the Democratic leader. cause they chose to filibuster a very comes from believing in You. We pray At 10 a.m., the Senate will conduct 90 important piece of legislation that is this in Your Holy Name. Amen. minutes of debate prior to appointing critical to our jobs base, to our manu- f conferees with respect to the budget facturing jobs base. That bill is called resolution. Following that action, the ‘‘Jumpstart Our Business Strength, PLEDGE OF ALLEGIANCE Senate will resume consideration of (JOBS) Act,’’ which is an important The Honorable NORM COLEMAN led the welfare reauthorization bill. bill. In fact, the title itself— the Pledge of Allegiance, as follows: Last night, we were compelled to file ‘‘Jumpstart Our Business Strength’’— I pledge allegiance to the Flag of the cloture on the committee substitute to underscores the importance of this United States of America, and to the Repub- that bill. That cloture vote will occur manufacturing jobs bill. lic for which it stands, one nation under God, tomorrow. We hope cloture will be in- I was also disappointed by the Euro- indivisible, with liberty and justice for all. voked to allow us to finish this very pean Union’s action to impose a record f important piece of legislation, the wel- fine of $610 million against a company, fare reauthorization bill. I do hope we Microsoft, because it, frankly, dem- APPOINTMENT OF ACTING will be able to move forward today onstrates arrogance, I think—arro- PRESIDENT PRO TEMPORE with germane amendments to the wel- gance—requiring Microsoft to sell a The PRESIDING OFFICER. The fare reauthorization bill and make version of Windows that we are all fa- clerk will please read a communication progress over the course of the day. miliar with without the built-in ability to the Senate from the President pro Rollcall votes are possible. Senators to play audio files or video files. tempore (Mr. STEVENS). will be notified when the first vote is I mention both of these incidents The assistant journal clerk read the scheduled. really almost in the same breath be- following letter: cause they occurred on the very same f day last week, and they are illustrative U.S. SENATE, of the choice that is facing America PRESIDENT PRO TEMPORE, RESERVATION OF LEADER TIME Washington, DC, March 31, 2004. and Americans today. To the Senate: The ACTING PRESIDENT pro tem- I released a statement last week and Under the provisions of rule I, paragraph 3, pore. Under the previous order, the pointed out these overreaching at- of the Standing Rules of the Senate, I hereby leadership time is reserved. tempts to register e-commerce. They

∑ 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 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3390 CONGRESSIONAL RECORD — SENATE March 31, 2004 include trade barriers against Amer- The ACTING PRESIDENT pro tem- stan and again looked into the faces of ican beef and other agricultural prod- pore. Eight minutes. those brave young men and women and ucts, and they all demonstrate the Eu- Mr. WARNER. Shall I divide it with thanked them on behalf of the people ropean Union relentlessly pursuing my distinguished colleague? of this Nation. these protectionist policies that dis- Mr. LOTT. I see Senator ALLARD may In just 3 months—91 days to be proportionately harm America’s work- wish to speak, too. exact—the sovereignty that has been ers. Mr. ALLARD. Mr. President, if I may held in trust by the Coalition Provi- The JOBS Act is a bill that is abso- enter into the colloquy, I was asked to sional Authority since Iraq was liber- lutely critical for us to address. As I make some comments this morning, ated on April 9, 2003, will be returned said, the fact that the Democrats chose and I will be glad to do that, but my to the Iraqi people. This will represent to filibuster that bill has been very dis- time is flexible and I can speak just an important milestone on Iraq’s path appointing to me. It was developed in a briefly on what has happened to the to freedom and democracy, but it is a strong bipartisan fashion, coming economy. path fraught with continuing dangers. through the Finance Committee with The ACTING PRESIDENT pro tem- The recently adopted ‘‘Transitional every single Democrat on the com- pore. The majority has 7 minutes 30 Administrative Law’’ states that ‘‘the mittee voting in favor of the bill, in- seconds. work of the [Iraq] Governing Council cluding the Democratic leader and the The Senator from Virginia. shall come to an end’’ upon the as- junior Senator from Massachusetts. Mr. WARNER. Mr. President, I will sumption of sovereignty by an Iraqi In- It is absolutely essential that we adjust take 3 minutes, and then I will terim Government on June 30, 2004. The dress this bill and that we pass this bill yield to my colleague, the distin- TAL further states that this Iraqi In- in order to accelerate job creation in guished Senator from Colorado. terim Government ‘‘shall be con- this country. The purpose of it is to Mr. ALLARD. I thank the Senator. stituted in accordance with a process bring our trade laws in compliance f of extensive deliberations and con- with our trade agreements and at the U.S. AND COALITION EFFORTS IN sultations with cross-sections of the same time provide some of the badly IRAQ Iraqi people conducted by the Gov- needed reforms to further stimulate erning Council and the Coalition Provi- manufacturing growth. I mention both Mr. WARNER. Mr. President, with enormous enthusiasm and pride I rise sional Authority and possibly in con- of these issues because I think both sultation with the United Nations.’’ need to continue to be addressed. I today to commend President Bush and his national security team for the con- Yesterday, the Armed Services Com- hope we can work out an appropriate mittee, which I am privileged to chair, arrangement to address the JOBS bill tinually strong leadership they are providing in the ongoing global war on received testimony from several De- in the very near future. partment of Defense officials regarding I yield the floor, Mr. President. terrorism, and particularly as they assist the Iraqi people in their imminent on-going military operations and ac- The ACTING PRESIDENT pro tem- tivities in Iraq, and preparations for pore. The Senator from Virginia. transition to sovereignty. Almost 1 year ago, a coalition of na- this transition to sovereignty. While f tions, led by the U.S. Armed Forces, some concerns about details of the ORDER OF PROCEDURE and, indeed, those from Great Britain, transition remain, I was greatly encouraged by the testimony the Com- Mr. WARNER. Mr. President, par- liberated the Iraqi people from decades mittee received. A coordinated process liamentary inquiry. What is the cur- of repressive, tyrannical rule at the of deliberation and consultation with rent order? hands of Saddam Hussein. That day, The ACTING PRESIDENT pro tem- April 9, will long be celebrated in the the Iraqi people is underway by the Co- pore. The Senate is in morning busi- history of Iraq. alition Provisional Authority, the Iraqi ness. Our President did the right thing—he Governing Council, and representatives The majority controls 9 minutes. did the right thing—in gathering a coa- of the United Nations to define and se- Mr. WARNER. Fine. Thank you. Mr. lition of nations to rid Iraq of a leader lect an Iraqi Interim Government. President, I desire to speak, say, for 7 who had used weapons of mass destruc- Much remains to be done in this minutes, and then I would be happy to tion against his own people, who had a process, but it is a process that must engage in a colloquy or otherwise with regime of over 30 years of tyrannical not be delayed. The moment has army colleagues on the other side. oppression, murdered indiscriminately. rived for the coalition to move from The ACTING PRESIDENT pro tem- This individual simply had to be occupying power to partner. The mo- pore. The Senator from Nevada. brought to the terms of accountability, ment has arrived for the Iraqi people to Mr. REID. If the Chair would allow accountability to his own people. That assume responsibility for their destiny. me to respond to the Senator from Vir- orderly process is now under way. He The path to full freedom and democ- ginia, the majority has 9 minutes and defied international law for over 12 racy in Iraq will not be without dif- we have 9 minutes; is that correct? years. Clearly America and the world ficulty and missteps. That is to be ex- The ACTING PRESIDENT pro tem- are safer today, and Iraq is a better pected, but we must not be afraid to pore. The minority has 131⁄2 minutes. place with a hopeful future as a result. continue that journey. Symbolically, Mr. REID. The minority has what? Tragically, the effort to make Amer- much will change on June 30. Iraq, The ACTING PRESIDENT pro tem- ica and the world safer and to defend after 30 plus years of isolation, will re- pore. The minority has 131⁄2 minutes. freedom around the world is not with- join the community of nations and re- Mr. REID. So the majority leader out an enormous cost to this Nation in sume responsibility for its actions and used morning business time? terms primarily of lost lives and those relations with other nations. In terms The ACTING PRESIDENT pro tem- who bear the scars and the wounds of of the reconstruction and security ef- pore. And the majority’s time is cur- war, and their families who must bear forts initiated by the Coalition Provi- rently running. these losses. They have our deepest sional Authority and coalition forces, Mr. REID. Mr. President, I say to the compassion. I extend my heartfelt sym- little will change on July 1. Ongoing distinguished Senator from Virginia, pathies to the families of the loved training of Iraqi Security Forces, as- you are to go first today under the ones of those who have died and those sistance in restoring security, revital- order that has been entered, and then who bear the wounds of combat. We are ization of essential infrastructure, and we would go next. fortunate as a Nation to have dedicated institutionalization of democratic The ACTING PRESIDENT pro tem- citizens who willingly volunteer to processes will continue. pore. The majority has 8 minutes. make such great sacrifices to defend Two weeks ago, I traveled to Iraq, to- Mr. WARNER. I thank the Chair. this Nation’s liberty. gether with Senator STEVENS and Sen- Mr. LOTT. Mr. President, if the Sen- Just weeks ago, together with the ator HOLLINGS. I was impressed by the ator will yield for a moment. How distinguished Senator from Alaska and progress that has been made since I much time do we have on the majority the distinguished Senator from South last visited that nation in July. The side? Carolina, I went to Iraq and Afghani- challenges ahead are daunting, but the

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3391 spirit of our men and women in uni- Kean and former Congressman Ham- First of all, I want to point out this form, and that of the Iraqi people, was ilton, has been thoughtful. Members on President inherited a bad economy. reassuring and inspiring. both sides of the Commission have When he inherited this bad economy, While the progress made in Iraq is asked good and tough questions. I may he could have taken the old solution to substantial, it must be viewed in the regret saying this when their final re- all of our problems: You increase taxes context of the entire Middle East. Iraq port comes out, but I think they have and spending and somehow the other can serve as an example and a beacon been doing a good job. It is not an easy things are going to be better. of hope, but much more complex issues job because you are trying to deal with He took a new approach. The new must be addressed. hundreds of witnesses and thousands of concept was you need to cut taxes. By During my recent trip to the region pages of evidence. cutting taxes, you are going to stimu- for consultation with both U.S. and That leads me to the real point. I late productivity and the economy is foreign leaders, there was a consistent have had occasion to watch a number going to grow. So the President coura- expression of concern about the con- of national security advisers to Presi- geously stepped forward, got his tax tinuing conflict between Israel and the dents over my 32 years in Congress, package passed out of the House and Palestinians. The lack of progress to- seven different Presidents and their na- the Senate. The major tax packages ward a peaceful resolution continues to tional security advisers. There have were in 2001 and 2003. We did some in fan the flames of discontent across the been some good ones of both parties other years. We did a little dribbling entire region. The continuing violence but none better than Condoleezza Rice. and working to reduce taxes. The fact breeds more violence that will under- This is an outstanding individual with is, by reducing taxes during a time mine positive developments anywhere a brilliant mind, tremendous insight when we had taxes at an all-time high, else in the region. We must redouble into what is going on in the world. I we have helped the economy. our efforts to find common ground on could give some anecdotes of why I be- this difficult issue, if we are ever to lieve that. For that reason, I am There is a lot of talk on the floor achieve a peaceful world and triumph pleased she is going to come before the about how bad the economy has been, over terror and violence. Commission. She is going to take every but that reaches back into the bad There are more challenges ahead, and question on and give a thoughtful, economy this President inherited when there will be disappointments. That is complete, thorough, and convincing ar- he moved into the Presidency. clear. It is equally clear that President gument. She will do fine. I think it is The President’s tax package is now Bush and his national security team unnecessary. Maybe this whole process beginning to work. Look at the eco- are up to the challenge. President Bush of whether she would testify has been nomic indicators put out by the Joint has provided steady, strong leadership unnecessary. Economic Committee in February of in troubled times and will lead us to a From a public relations standpoint, 2004. We talk about the unemployment safer, more secure future. yes, she should have gone from the rate, and that is going down. Employ- I yield the floor. very beginning. But there are some im- ment is going up. Wages are going up. The ACTING PRESIDENT pro tem- portant separation-of-powers principles We have a chart that shows real gross pore. The Senator from Mississippi. involved. Executive privilege is not in- private domestic investment going up. Mr. LOTT. Mr. President, how much significant. It is something that is Corporate profits are going up. We have time remains? woven in the very fabric of this coun- another chart here that shows farm in- The ACTING PRESIDENT pro tem- try. We cannot have a process where come is going up. We have sources of pore. Six minutes 40 seconds. slowly but surely, in President after personal income. That is going up. Mr. LOTT. Mr. President, I ask Sen- President after President, executive Total output, income and spending, ator ALLARD if I could proceed for 3 privilege and separation of powers have those are going up. Production and minutes and then he could finish the been eroded. business activity is now going up. Com- balance of the time. I have watched it. Yes, former na- mon stocks, prices, and yields are all Mr. ALLARD. That would be fine. tional security advisers have waived going up in response to the President’s Mr. LOTT. I ask unanimous consent their executive privilege and gone be- economic package. that that be so. fore Congress. I thought it was a mis- I went on the Internet this morning The ACTING PRESIDENT pro tem- take, regardless of party. I have always to see what was being said there: Con- pore. Without objection, it is so or- spoken out against that. So I do think sumer spending strong, and business dered. it is important we say this is not a investment rebounding. It had a chart f precedent. It should not and cannot be showing how those factors were coming THE 9/11 COMMISSION a precedent, or you are not going to together. That is this morning. Then have men and women willing to give in we see another chart that shows jobless Mr. LOTT. Mr. President, I stood in confidence the best advice to the Presi- this general area a couple years ago claims continuing to trend downward. dent or to give him the information he It shows an increase in the jobless rate and spoke out against the need for the needs to hear without concern that 9/11 Commission. I am not generally an at the time the President inherited some day some congressional person this economy, and now we see, as his advocate of commissions. I think it is will have that person before them tes- an abdication of our responsibility tax package has had an opportunity to tifying. go into effect, the jobless rate is going when we do it repeatedly. As a matter This is not an insignificant matter. down. of fact, we in the Senate should do the It is very significant. Under these ex- job of investigating what happened or traordinary circumstances, we need to The President’s package for stimu- what didn’t happen that perhaps should have everybody we can testify in full, lating our economy has worked. It have been leading up to the events of not so we can blame somebody but so would be a shame if we walked away 9/11 and in the aftermath, as we went we can plan for the future and do a bet- from that and went back to the old so- into Iraq. That is why we have the ter job next time. lutions which were to increase spend- Armed Services Committee. That is Condoleezza Rice will be the key to ing and raise taxes. That is the wrong what Senator WARNER, the chairman, that effort. solution at the wrong time. is working on. That is why we have the I yield the floor. The right solution is what the Presi- Intelligence Committee. I serve on that The ACTING PRESIDENT pro tem- dent has talked about. We need to cut committee. We work assiduously to pore. The Senator from Colorado. taxes and spending in order that this take a good look at the intelligence, to f economy continues to prosper, as we see where the problems have been and THE ECONOMY have seen in the figures from the last see what the solutions are. several months. Having said that, I think this Com- Mr. ALLARD. Mr. President, I thank mission has shown a great deal of calm the Senators from Virginia and Mis- I yield the floor. and maturity. The leadership of the sissippi for their comments. I want to The ACTING PRESIDENT pro tem- two senior members, former Governor talk a little bit about the economy. pore. The Senator from Nevada.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3392 CONGRESSIONAL RECORD — SENATE March 31, 2004 ORDER OF PROCEDURE I am here to tell you there is some- to rob Peter to pay Paul in order to Mr. REID. Mr. President, on our side, thing brewing in the countryside. Peo- continue this operation. I ask unanimous consent that the Sen- ple are angry about the fact that they Having committed ourselves to Iraq, ator from California, Mrs. BOXER, be seem to be last in line. we must prevail, and to prevail, we recognized for 5 minutes, followed by Let’s look at some of these job loss must fund all of the requirements for the Senator from Rhode Island for 6 numbers since this President came into our military. We must do it adequately minutes. power. Under Ronald Reagan, we had and promptly, and the administration The ACTING PRESIDENT pro tem- 165,000 jobs created per month. That is doing neither. We have a require- pore. Without objection, it is so or- was terrific. He was a beloved Presi- ment for many pieces of equipment. dered. dent. Under George H.W. Bush, 47,604 But probably emblematic of the dif- The Senator from California. jobs were created a month. That was ficulties of this operation, the two f not very good. Under Bill Clinton, most pressing items of equipment are there was an extraordinary leap, to body armor and armored vehicles, prin- ECONOMIC REALITY 236,625 jobs created per month. That is cipally uparmored Humvees. When we Mrs. BOXER. Mr. President, we have why kids got lifted out of poverty. went into this operation, we did not heard all these glowing figures from I saw a chart Senator SANTORUM had understand the consequences of the oc- the other side of the aisle about this and it is beautiful. It shows how the cupation, the threats to our troops, the economy. I want to give a little dose of African-American children are seeing political rivalries in Iraq, the ethnic reality. poverty decline—up until last year. It and sectarian divisions of the country. Today the unemployment insurance is because during the Clinton adminis- As a result, we found ourselves with extension runs out. This Senate refused tration we did welfare reform and we troops in the field without proper to act. I don’t know how many times had a great economy. Then under equipment. Many lacked body armor, Senator CANTWELL has made that George W. Bush, 58,815 jobs have been the kind of sophisticated armor with unanimous consent request. lost per month. It is a pathetic situa- ceramic insert plates that provide a In my State, it is estimated if unem- tion. If you translate that to my State, margin of safety for our troops. The ployment benefits are not extended, what we see in this situation is, again Army and Department of Defense 314,344 workers will lose benefits in the what has happened here and why we claimed they fixed it. But as late as first 6 months of the year. This is out- have to at least, A, be compassionate March 26, reports in the San Diego rageous. to the people who need extended unem- Union, Boston Globe, and USA Today This is the first time I can ever restated soldiers in Iraq are calling home member where a political party in ployment benefits; B, we need to raise and asking their families to buy them charge could care less about people the minimum wage; C, we need to kill body armor and send it to them, or who are unemployed. Look at the this administration’s crazy idea to they are buying it before they deploy. record here. This is real. Let’s go back take overtime away from hard-working to the Hoover administration, when people. That is unacceptable. That is one ex- there was a decrease in job creation. Let’s get this country back on track. ample. With respect to uparmored Humvees, During every other administration— It should be time for America. I yield the floor. last July I got off of the aircraft in Roosevelt, Truman, Eisenhower, Ken- The ACTING PRESIDENT pro tem- Baghdad and approached the military nedy, Nixon, Ford, Carter, Reagan, pore. The Senator from Rhode Island is policemen from the 118th Military Po- Bush, Clinton—private sector employ- recognized. ment increased. lice Battalion from Rhode Island. The Not now. Here we are at a moment f first request I had was: Get us uparmored Humvees. We are driving when people are running out of their THE COURSE OF MILITARY through these dangerous cities and we unemployment extension. I will read OPERATIONS IN IRAQ you a letter written by Kathleen Fon- need that protection. Mr. REED. Mr. President, I rise to tana of Scotts Valley, CA: We have not reached the number of discuss my concerns about the course uparmored Humvees we need for crit- DEAR MEMBERS OF CONGRESS: I am a single of our military operations in Iraq. parent of two teenage boys and unemployed ical troops in Iraq. This might be ac- and unable to apply for the extension of UI. I returned about 10 days ago from a complished by November of this year, I was laid off July 2, 2004 . . . after 38 years trip to Iraq with my colleagues. After a but it is a long time from the need of with TWA. Needless to say, I am 60 years old, brilliant offensive campaign to destroy over a year ago and finally filling the having been forced to live off my home eq- the Iraqi military forces, we have set- requirement. uity loan in order to make ends meet. The tled into a very dismal and dangerous We also have to armor other unemployment extension needs to be passed occupation. In the last few hours, five Humvees, and armor kits have been and reinstated for us American citizens that more American military personnel provided to do this armoring. Again, are having these financial difficulties in the were killed by an improvised explosion career area. More jobs are leaving the U.S. the administration’s budget is not suf- and more money is leaving here, too. Iraq is device. There were four more civilians ficient. The Secretary of the Army only one example. Things need to change and who were killed. Iraqi security forces said: We are going to get all this equip- people at home need help too. . . . We need have died in much higher numbers. ment done. We are going to run the your votes to change this and have the ex- The administration has not re- production line at top speed. tension of UI benefits. sponded appropriately to the military Yet the money is not there in the As I go around my State—and I have demand within Iraq today. One of the budget. We have to do more. been doing that a lot—the basic theme leading points that illustrates this, I Last September, Senator HAGEL and I I am hearing is this: Senator, it is time think, irresponsible approach to Iraq is offered an amendment to the supple- for this country; it is time for America; the failure to budget properly to fund mental to increase the size of the Army it is time to think about our people this effort. The operation in Iraq costs by 10,000 troops. This was vehemently and our workers. approximately $4 billion a month. Yet objected to by the Secretary of De- I could not even believe it. I went in the 2005 budget that was submitted fense, but I think they eventually got into farm country and the rice farmers by the administration, there is no the message. A few months ago, the there who are sending their sons and money for operations in Afghanistan or Department of the Army announced daughters off to war—the contracts for Iraq. They are still working off the they were going to increase the size by rice are for the people of Iraq; they supplemental that was passed last 30,000 troops. But they are not going to went out of the country. This is tax- year. But the Chief of Staff of the ask for the money in the budgetary payer dollars, American taxpayer dol- Army, the Chief of Staff of the Air process. They are once again going lars. Instead of saying, OK, we are Force, and the Commandant of the Ma- back to the supplemental—to take going to rebuild Iraq and do it with rine Corps testified they are seriously money from the supplemental, which American business and farmers, oh, no, concerned that on October 1 they will already is strapped to pay for oper- we could not do that. Our State De- begin to run out of money. They are al- ations. As a result, we will have, I partment would not like that. ready being forced to reprogram funds, hope, additional forces in the military,

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3393 but we will not have the ordinary budg- inside Iraq and outside Iraq with the the House of Representatives, as fol- et authority they need to continue to Saddam Hussein regime. But most im- lows: be funding when we run out of this sup- portantly for the moment, he is in S. CON. RES. 95 plemental. charge of vetting former Baathists to Resolved, That the resolution from the Sen- Those are examples of some of the take positions in this new government. ate (S. Con. Res. 95) entitled ‘‘Concurrent failures on our part, but they are fail- He is sitting at the crossroads of bil- resolution setting forth the congressional ures multiplied with the situation with lions of dollars of contracts from his budget for the United States Government for respect to Iraqi security forces. Our position on the Iraqi Governing Coun- fiscal year 2005 and including the appropriate plan is to transfer, we hope one day, se- cil. He is also an individual who has budgetary levels for fiscal years 2006 through curity operations to the Iraqis. Yet we the right to deny people their civil 2009’’, do pass with the following amendment: have not provided sufficient equipment rights, if you will, in Iraq, and he is Strike out all after the resolving clause for these forces. someone whose record does not, I and insert: Senior commanders in Iraq have think, suggest he is capable of dis- SECTION 1. CONCURRENT RESOLUTION ON THE commented persistently about the lack charging those responsibilities in the BUDGET FOR FISCAL YEAR 2005. of adequate equipment for the security interest of Iraq or in the interest of the (a) DECLARATION.—The Congress declares forces, and a March 22 New York Times United States. The key to Mr. Chalabi that the concurrent resolution on the budget for article stated: is self-interest and always has been. fiscal year 2005 is hereby established and that the appropriate budgetary levels for fiscal years Senior American commanders in Iraq are As a result, we are giving this indi- 2004 and 2006 through 2009 are set forth. publicly complaining that delays in deliv- vidual inordinate power. This is not (b) TABLE OF CONTENTS.—The table of con- ering radios, body armor and other equip- just a theoretical political argument. tents for this concurrent resolution is as follows: ment have hobbled their ability to build an When I was in Iraq last November, I Sec. 1. Concurrent resolution on the budget for effective Iraqi security force that can ulti- spoke to the division commander, and mately replace United States troops here. fiscal year 2005. he complained to me he had 1,000 MG Charles Swannack, commander TITLE I—RECOMMENDED LEVELS AND schoolteachers who could not teach be- AMOUNTS of the 82nd Airborne Division, has re- cause they had been nominal members turned from Iraq and his frustrations Sec. 101. Recommended levels and amounts. of the Baath Party. Back in the days of Sec. 102. Major functional categories. on this point are extremely significant. Saddam Hussein, in order to have a job He said, in retrospect, if he knew the TITLE II—RECONCILIATION AND REPORT in Iraq of any consequence, you had to SUBMISSIONS equipment was not coming, he would have a Baath affiliation. These people have used his own resources to buy Sec. 201. Reconciliation in the House of Rep- cannot work. Schools cannot open. And resentatives. body armor, radios, and vehicles for so this new Iraq we are desperately try- Sec. 202. Submission of report on savings to be these Iraqi security forces. We are not ing to build based upon not just secu- used for members of the Armed doing enough to provide replacement rity, but also economic development Forces in Iraq and Afghanistan. for our own forces, and we are not ade- and education, has not yet taken off. TITLE III—RESERVE FUNDS AND quately funding our present forces in This is just one example of the polit- CONTINGENCY PROCEDURE the field. ical miscalculation I believe in which Subtitle A—Reserve Funds for Legislation Those points are examples, I believe, the provisional authority, Ambassador Assumed in Budget Aggregates of the failings in terms of occupation Bremer, has engaged in Iraq. Sec. 301. Deficit-neutral reserve fund for health planning and military occupation of All of this is very important. We are, insurance for the uninsured. Iraq. But there are also political fail- again, weeks away from transferring Sec. 302. Deficit-neutral reserve fund for the ures. We are less than 100 days away Family Opportunity Act. authority to some form of government Sec. 303. Deficit-neutral reserve fund for Mili- from transferring authority to an in- of which we know not the exact details. terim government, and yet no one can tary Survivors’ Benefit Plan. We are also in a situation where each Sec. 304. Reserve fund for pending legislation. tell us what that interim government day we see the cost in terms of Amer- will look like. Will it be an increased Subtitle B—Contingency Procedure ican lives. Sec. 311. Contingency procedure for surface governing council with 20, 30, 40 more Let me make one final point. When I people? Is it going to be a three-person transportation. was in Iraq talking with American sol- TITLE IV—BUDGET ENFORCEMENT presidency with a prime minister? We diers about 10 days ago, the palpable Sec. 401. Restrictions on advance appropria- are 100 days or less away from that concern they had with these explosive transfer of authority. We have yet to tions. devices was obvious. We have soldiers Sec. 402. Emergency legislation. have a nominee to be the new ambas- who are paying Iraqis to put some type Sec. 403. Compliance with section 13301 of the sador to Iraq. Mr. Bremer leaves on of armor on their doors because canvas Budget Enforcement Act of 1990. June 30, but we have yet to have a doors do not stop a lot of small arms Sec. 404. Application and effect of changes in name submitted to us for consideration rounds or anything else. allocations and aggregates. and confirmation for someone who will We owe much more to those troops. TITLE V—SENSE OF THE HOUSE have extraordinary challenges, extraor- We owe a budget that is real and time- Sec. 501. Sense of the House on spending ac- dinary responsibilities. And yet we are ly, and we owe leadership here that countability. 100 days or less away from the new am- will respond to their needs. Sec. 502. Sense of the House on entitlement re- bassador of the United States to Iraq I yield the floor. form. taking his or her post. TITLE I—RECOMMENDED LEVELS AND f Probably most emblematic, most AMOUNTS symbolic of the political difficulties is CONCLUSION OF MORNING SEC. 101. RECOMMENDED LEVELS AND AMOUNTS. the de-Baathiciation program. One of BUSINESS The following budgetary levels are appro- the key problems of this program is it The ACTING PRESIDENT pro tem- priate for each of fiscal years 2004 through 2009: is being run by Chalabi. Chalabi is an pore. Morning business is closed. (1) FEDERAL REVENUES.—For purposes of the enforcement of this resolution: individual in the Iraqi National Con- f gress who provided most of the misin- (A) The recommended levels of Federal revenues are as follows: formation to the administration as CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR Fiscal year 2004: $1,272,966,000,000. they made their judgments about the Fiscal year 2005: $1,457,215,000,000. imminence of a threat in Iraq. He has 2005 Fiscal year 2006: $1,619,835,000,000. been on our payroll to the tune of The ACTING PRESIDENT pro tem- Fiscal year 2007: $1,721,568,000,000. about $300,000 a month funneled pore. Under the previous order, the Fiscal year 2008: $1,818,559,000,000. through the Iraqi National Congress hour of 10 a.m. having arrived, the Fiscal year 2009: $1,922,133,000,000. for many years. He is still on the pay- Chair lays before the Senate a message (B) The amounts by which the aggregate levels of Federal revenues should be reduced are as roll. He has seized all the security files from the House to accompany S. Con. follows: of the former Iraqi security agency Res. 95. Fiscal year 2004: ¥$179,000,000. which perhaps are a treasure trove of The Acting President pro tempore Fiscal year 2005: $19,919,000,000. names of people who collaborated both laid before the Senate a message from Fiscal year 2006: $34,346,000,000.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 6333 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3394 CONGRESSIONAL RECORD — SENATE March 31, 2004 Fiscal year 2007: $33,376,000,000. Fiscal year 2008: (A) New budget authority, $21,087,000,000. Fiscal year 2008: $27,231,000,000. (A) New budget authority, $36,520,000,000. (B) Outlays, $20,501,000,000. Fiscal year 2009: $30,927,000,000. (B) Outlays, $36,979,000,000. Fiscal year 2006: (2) NEW BUDGET AUTHORITY.—For purposes of Fiscal year 2009: (A) New budget authority, $23,374,000,000. the enforcement of this resolution, the appro- (A) New budget authority, $40,420,000,000. (B) Outlays, $22,310,000,000. priate levels of total new budget authority are (B) Outlays, $38,401,000,000. Fiscal year 2007: as follows: (3) International Affairs (150): (A) New budget authority, $24,278,000,000. Fiscal year 2004: $1,952,700,000,000. Fiscal year 2004: (B) Outlays, $23,199,000,000. Fiscal year 2005: $2,010,338,000,000. (A) New budget authority, $43,604,000,000. Fiscal year 2008: Fiscal year 2006: $2,071,186,000,000. (B) Outlays, $29,281,000,000. (A) New budget authority, $24,042,000,000. Fiscal year 2007: $2,193,395,000,000. Fiscal year 2005: (B) Outlays, $22,957,000,000. Fiscal year 2008: $2,311,770,000,000. (A) New budget authority, $26,529,000,000. Fiscal year 2009: Fiscal year 2009: $2,431,782,000,000. (B) Outlays, $32,848,000,000. (A) New budget authority, $24,903,000,000. (3) BUDGET OUTLAYS.—For purposes of the en- Fiscal year 2006: (B) Outlays, $23,956,000,000. forcement of this resolution, the appropriate lev- (A) New budget authority, $27,776,000,000. (8) Commerce and Housing Credit (370): els of total budget outlays are as follows: (B) Outlays, $30,017,000,000. Fiscal year 2004: Fiscal year 2004: $1,911,235,000,000. Fiscal year 2007: (A) New budget authority, $17,077,000,000. Fiscal year 2005: $2,007,926,000,000. (A) New budget authority, $27,927,000,000. (B) Outlays, $12,748,000,000. Fiscal year 2006: $2,083,910,000,000. (B) Outlays, $26,714,000,000. Fiscal year 2005: Fiscal year 2007: $2,169,446,000,000. Fiscal year 2008: (A) New budget authority, $10,792,000,000. Fiscal year 2008: $2,277,071,000,000. (A) New budget authority, $28,077,000,000. (B) Outlays, $5,782,000,000. Fiscal year 2009: $2,393,946,000,000. (B) Outlays, $25,323,000,000. Fiscal year 2006: (4) DEFICITS (ON-BUDGET).—For purposes of Fiscal year 2009: (A) New budget authority, $10,242,000,000. the enforcement of this resolution, the amounts (A) New budget authority, $28,228,000,000. (B) Outlays, $6,842,000,000. of the deficits (on-budget) are as follows: (B) Outlays, $25,099,000,000. Fiscal year 2007: Fiscal year 2004: $638,269,000,000. (4) General Science, Space, and Technology (A) New budget authority, $9,727,000,000. Fiscal year 2005: $550,711,000,000. (250): (B) Outlays, $4,769,000,000. Fiscal year 2006: $464,075,000,000. Fiscal year 2004: Fiscal year 2008: Fiscal year 2007: $447,878,000,000. (A) New budget authority, $22,822,000,000. (A) New budget authority, $9,705,000,000. Fiscal year 2008: $458,512,000,000. (B) Outlays, $21,897,000,000. (B) Outlays, $3,190,000,000. Fiscal year 2009: $471,813,000,000. Fiscal year 2005: Fiscal year 2009: (A) New budget authority, $9,580,000,000. (5) DEBT SUBJECT TO LIMIT.—Pursuant to sec- (A) New budget authority, $22,813,000,000. tion 301(a)(5) of the Congressional Budget Act of (B) Outlays, $22,453,000,000. (B) Outlays, $2,740,000,000. 1974, the appropriate levels of the public debt Fiscal year 2006: (9) Transportation (400): are as follows: (A) New budget authority, $22,927,000,000. Fiscal year 2004: Fiscal year 2004: $7,436,000,000,000. (B) Outlays, $22,683,000,000. (A) New budget authority, $62,937,000,000. (B) Outlays, $59,280,000,000. Fiscal year 2005: $8,087,000,000,000. Fiscal year 2007: (A) New budget authority, $23,042,000,000. Fiscal year 2005: Fiscal year 2006: $8,675,000,000,000. (B) Outlays, $22,743,000,000. (A) New budget authority, $65,021,000,000. Fiscal year 2007: $9,244,000,000,000. Fiscal year 2008: (B) Outlays, $61,988,000,000. Fiscal year 2008: $9,823,000,000,000. (A) New budget authority, $23,157,000,000. Fiscal year 2006: Fiscal year 2009: $10,419,000,000,000. (B) Outlays, $22,763,000,000. (A) New budget authority, $66,075,000,000. (6) DEBT HELD BY THE PUBLIC.—The appro- Fiscal year 2009: (B) Outlays, $64,204,000,000. priate levels of debt held by the public are as (A) New budget authority, $23,274,000,000. Fiscal year 2007: follows: (B) Outlays, $22,863,000,000. (A) New budget authority, $68,263,000,000. Fiscal year 2004: $4,385,000,000,000. (5) Energy (270): (B) Outlays, $66,131,000,000. Fiscal year 2005: $4,775,000,000,000. Fiscal year 2004: Fiscal year 2008: Fiscal year 2006: $5,060,000,000,000. (A) New budget authority, $2,323,000,000. (A) New budget authority, $69,578,000,000. Fiscal year 2007: $5,312,000,000,000. (B) Outlays, $59,000,000. (B) Outlays, $67,545,000,000. Fiscal year 2008: $5,560,000,000,000. Fiscal year 2005: Fiscal year 2009: Fiscal year 2009: $5,807,000,000,000. (A) New budget authority, $2,863,000,000. (A) New budget authority, $70,445,000,000. SEC. 102. MAJOR FUNCTIONAL CATEGORIES. (B) Outlays, $1,201,000,000. (B) Outlays, $68,452,000,000. The Congress determines and declares that the Fiscal year 2006: (10) Community and Regional Development appropriate levels of new budget authority and (A) New budget authority, $2,604,000,000. (450): outlays for fiscal years 2004 through 2009 for (B) Outlays, $1,397,000,000. Fiscal year 2004: each major functional category are: Fiscal year 2007: (A) New budget authority, $13,758,000,000. (1) National Defense (050): (A) New budget authority, $2,583,000,000. (B) Outlays, $15,443,000,000. Fiscal year 2004: (B) Outlays, $1,040,000,000. Fiscal year 2005: (A) New budget authority, $461,544,000,000. Fiscal year 2008: (A) New budget authority, $11,867,000,000. (B) Outlays, $451,125,000,000. (A) New budget authority, $2,629,000,000. (B) Outlays, $14,233,000,000. Fiscal year 2005: (B) Outlays, $662,000,000. Fiscal year 2006: (A) New budget authority, $419,634,000,000. Fiscal year 2009: (A) New budget authority, $11,655,000,000. (B) Outlays, $447,114,000,000. (A) New budget authority, $2,285,000,000. (B) Outlays, $12,484,000,000. Fiscal year 2006: (B) Outlays, $891,000,000. Fiscal year 2007: (A) New budget authority, $442,400,000,000. (6) Natural Resources and Environment (300): (A) New budget authority, $11,715,000,000. (B) Outlays, $439,098,000,000. Fiscal year 2004: (B) Outlays, $11,616,000,000. Fiscal year 2007: (A) New budget authority, $32,021,000,000. Fiscal year 2008: (A) New budget authority, $464,000,000,000. (B) Outlays, $30,210,000,000. (A) New budget authority, $11,692,000,000. (B) Outlays, $445,927,000,000. Fiscal year 2005: (B) Outlays, $11,392,000,000. Fiscal year 2008: (A) New budget authority, $31,212,000,000. Fiscal year 2009: (A) New budget authority, $486,149,000,000. (B) Outlays, $30,868,000,000. (A) New budget authority, $11,752,000,000. (B) Outlays, $465,542,000,000. Fiscal year 2006: (B) Outlays, $11,510,000,000. Fiscal year 2009: (A) New budget authority, $31,568,000,000. (11) Education, Training, Employment, and (A) New budget authority, $508,369,000,000. (B) Outlays, $31,911,000,000. Social Services (500): (B) Outlays, $487,186,000,000. Fiscal year 2007: Fiscal year 2004: (2) Homeland Security (100): (A) New budget authority, $31,897,000,000. (A) New budget authority, $89,463,000,000. Fiscal year 2004: (B) Outlays, $32,153,000,000. (B) Outlays, $86,405,000,000. (A) New budget authority, $29,559,000,000. Fiscal year 2008: Fiscal year 2005: (B) Outlays, $24,834,000,000. (A) New budget authority, $32,101,000,000. (A) New budget authority, $92,523,000,000. Fiscal year 2005: (B) Outlays, $32,128,000,000. (B) Outlays, $90,492,000,000. (A) New budget authority, $34,102,000,000. Fiscal year 2009: Fiscal year 2006: (B) Outlays, $29,997,000,000. (A) New budget authority, $32,777,000,000. (A) New budget authority, $93,596,000,000. Fiscal year 2006: (B) Outlays, $32,804,000,000. (B) Outlays, $92,878,000,000. (A) New budget authority, $33,548,000,000. (7) Agriculture (350): Fiscal year 2007: (B) Outlays, $33,298,000,000. Fiscal year 2004: (A) New budget authority, $94,243,000,000. Fiscal year 2007: (A) New budget authority, $19,908,000,000. (B) Outlays, $93,365,000,000. (A) New budget authority, $35,160,000,000. (B) Outlays, $18,434,000,000. Fiscal year 2008: (B) Outlays, $35,635,000,000. Fiscal year 2005: (A) New budget authority, $94,738,000,000.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 6333 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3395 (B) Outlays, $93,975,000,000. (A) New budget authority, $68,501,000,000. Fiscal year 2004: Fiscal year 2009: (B) Outlays, $67,597,000,000. (A) New budget authority, ¥$47,233,000,000. (A) New budget authority, $95,366,000,000. Fiscal year 2007: (B) Outlays, ¥$47,233,000,000. (B) Outlays, $94,685,000,000. (A) New budget authority, $66,621,000,000. Fiscal year 2005: (12) Health (550): (B) Outlays, $66,007,000,000. (A) New budget authority, ¥$52,349,000,000. Fiscal year 2004: Fiscal year 2008: (B) Outlays, ¥$52,475,000,000. (A) New budget authority, $236,822,000,000. (A) New budget authority, $69,842,000,000. Fiscal year 2006: (B) Outlays, $235,551,000,000. (B) Outlays, $69,459,000,000. (A) New budget authority, ¥$54,427,000,000. Fiscal year 2005: Fiscal year 2009: (B) Outlays, ¥$54,477,000,000. (A) New budget authority, $245,095,000,000. (A) New budget authority, $70,506,000,000. Fiscal year 2007: ¥ (B) Outlays, $244,936,000,000. (B) Outlays, $70,106,000,000. (A) New budget authority, $62,642,000,000. ¥ Fiscal year 2006: (17) Administration of Justice (750): (B) Outlays, $63,767,000,000. Fiscal year 2008: (A) New budget authority, $252,639,000,000. Fiscal year 2004: (A) New budget authority, ¥$65,485,000,000. (B) Outlays, $252,495,000,000. (A) New budget authority, $29,932,000,000. (B) Outlays, ¥$66,147,000,000. Fiscal year 2007: (B) Outlays, $30,103,000,000. Fiscal year 2009: (A) New budget authority, $266,117,000,000. Fiscal year 2005: (A) New budget authority, ¥$60,856,000,000. (B) Outlays, $265,196,000,000. (A) New budget authority, $30,139,000,000. (B) Outlays, ¥$59,893,000,000. Fiscal year 2008: (B) Outlays, $30,025,000,000. (A) New budget authority, $284,970,000,000. Fiscal year 2006: TITLE II—RECONCILIATION AND REPORT (B) Outlays, $284,222,000,000. (A) New budget authority, $27,430,000,000. SUBMISSIONS Fiscal year 2009: (B) Outlays, $28,036,000,000. SEC. 201. RECONCILIATION IN THE HOUSE OF (A) New budget authority, $304,034,000,000. Fiscal year 2007: REPRESENTATIVES. (B) Outlays, $303,460,000,000. (A) New budget authority, $27,480,000,000. (a) SUBMISSIONS PROVIDING FOR THE ELIMI- (13) Medicare (570): (B) Outlays, $27,744,000,000. NATION OF WASTE, FRAUD, AND ABUSE.—(1) Not Fiscal year 2004: Fiscal year 2008: later than July 15, 2004, the House committees (A) New budget authority, $269,567,000,000. (A) New budget authority, $27,616,000,000. named in paragraph (2) shall submit their rec- (B) Outlays, $268,759,000,000. (B) Outlays, $27,540,000,000. ommendations to the House Committee on the Fiscal year 2005: Fiscal year 2009: Budget. After receiving those recommendations, (A) New budget authority, $288,166,000,000. (A) New budget authority, $27,755,000,000. the House Committee on the Budget shall report (B) Outlays, $289,126,000,000. (B) Outlays, $27,621,000,000. to the House a reconciliation bill carrying out Fiscal year 2006: (18) General Government (800): all such recommendations without any sub- (A) New budget authority, $322,974,000,000. Fiscal year 2004: stantive revision. (B) Outlays, $322,549,000,000. (A) New budget authority, $23,806,000,000. (2) INSTRUCTIONS.— Fiscal year 2007: (B) Outlays, $24,540,000,000. (A) COMMITTEE ON AGRICULTURE.—The House (A) New budget authority, $362,759,000,000. Fiscal year 2005: Committee on Agriculture shall report changes (B) Outlays, $363,016,000,000. (A) New budget authority, $17,198,000,000. in laws within its jurisdiction sufficient to re- Fiscal year 2008: (B) Outlays, $17,916,000,000. duce the level of direct spending for that com- (A) New budget authority, $387,838,000,000. Fiscal year 2006: mittee by $110,000,000 in outlays for fiscal year (B) Outlays, $387,858,000,000. (A) New budget authority, $17,419,000,000. 2005 and $371,000,000 in outlays for the period of Fiscal year 2009: (B) Outlays, $17,392,000,000. fiscal years 2005 through 2009. (A) New budget authority, $414,278,000,000. Fiscal year 2007: (B) COMMITTEE ON EDUCATION AND THE WORK- (B) Outlays, $413,853,000,000. (A) New budget authority, $17,573,000,000. FORCE: INSTRUCTION TO PROVIDE FAIRNESS IN (14) Income Security (600): (B) Outlays, $17,401,000,000. FEDERAL WORKERS COMPENSATION.—The House Fiscal year 2004: Fiscal year 2008: Committee on Education and the Workforce (A) New budget authority, $329,744,000,000. (A) New budget authority, $17,230,000,000. shall report changes in laws within its jurisdic- (B) Outlays, $336,074,000,000. (B) Outlays, $17,075,000,000. tion sufficient to reduce the level of direct Fiscal year 2005: Fiscal year 2009: spending for that committee by $5,000,000 in out- (A) New budget authority, $337,318,000,000. (A) New budget authority, $17,383,000,000. lays for fiscal year 2005 and $43,000,000 in out- (B) Outlays, $341,716,000,000. (B) Outlays, $17,044,000,000. lays for the period of fiscal years 2005 through Fiscal year 2006: (19) Net Interest (900): 2009. (A) New budget authority, $335,387,000,000. Fiscal year 2004: (C) COMMITTEE ON ENERGY AND COMMERCE.— (B) Outlays, $339,098,000,000. (A) New budget authority, $240,471,000,000. The House Committee on Energy and Commerce Fiscal year 2007: (B) Outlays, $240,471,000,000. shall report changes in laws within its jurisdic- (A) New budget authority, $340,140,000,000. Fiscal year 2005: tion sufficient to reduce the level of direct (B) Outlays, $342,945,000,000. (A) New budget authority, $270,698,000,000. spending for that committee by $410,000,000 in Fiscal year 2008: (B) Outlays, $270,698,000,000. outlays for fiscal year 2005 and $2,185,000,000 in (A) New budget authority, $352,809,000,000. Fiscal year 2006: outlays for the period of fiscal years 2005 (B) Outlays, $355,046,000,000. (A) New budget authority, $318,909,000,000. through 2009. Fiscal year 2009: (B) Outlays, $318,909,000,000. (D) COMMITTEE ON GOVERNMENT REFORM: IN- (A) New budget authority, $361,830,000,000. Fiscal year 2007: STRUCTION TO INCREASE RESOURCES TO AUTHOR- (B) Outlays, $363,465,000,000. (A) New budget authority, $364,463,000,000. IZE INFORMATION SHARING TO ALLOW FEDERAL (15) Social Security (650): (B) Outlays, $364,463,000,000. BENEFIT PROGRAMS LIMITED ACCESS TO FEDERAL Fiscal year 2004: Fiscal year 2008: AND STATE ADMINISTRATIVE DATA TO VERIFY ELI- (A) New budget authority, $13,396,000,000. (A) New budget authority, $398,574,000,000. GIBILITY.—The House Committee on Government (B) Outlays, $13,396,000,000. (B) Outlays, $398,574,000,000. Reform shall report changes in laws within its Fiscal year 2005: Fiscal year 2009: jurisdiction sufficient to reduce the level of di- (A) New budget authority, $15,094,000,000. (A) New budget authority, $427,464,000,000. rect spending for that committee by $170,000,000 (B) Outlays, $15,094,000,000. (B) Outlays, $427,464,000,000. in outlays for fiscal year 2005 and $2,365,000,000 Fiscal year 2006: (20) Allowances (920): in outlays for the period of fiscal years 2005 (A) New budget authority, $16,589,000,000. Fiscal year 2004: through 2009. (B) Outlays, $16,589,000,000. (A) New budget authority, $0. (E) COMMITTEE ON WAYS AND MEANS.—The Fiscal year 2007: (B) Outlays, $0. House Committee on Ways and Means shall re- (A) New budget authority, $18,049,000,000. Fiscal year 2005: port changes in laws within its jurisdiction suf- (B) Outlays, $18,049,000,000. (A) New budget authority, $50,000,000,000. ficient to reduce the deficit by $1,126,000,000 for Fiscal year 2008: (B) Outlays, $24,850,000,000. fiscal year 2005 and $8,269,000,000 for the period (A) New budget authority, $19,988,000,000. Fiscal year 2006: of fiscal years 2005 through 2009. (B) Outlays, $19,988,000,000. (A) New budget authority, $0. (b) SUBMISSION PROVIDING FOR THE EXTEN- Fiscal year 2009: (B) Outlays, $18,600,000,000. SION OF EXPIRING TAX RELIEF.—(1) The House (A) New budget authority, $21,989,000,000. Fiscal year 2007: Committee on Ways and Means shall report a (B) Outlays, $21,989,000,000. (A) New budget authority, $0. reconciliation bill not later than October 1, 2004, (16) Veterans Benefits and Services (700): (B) Outlays, $5,100,000,000. that consists of changes in laws within its juris- Fiscal year 2004: Fiscal year 2008: diction sufficient to reduce revenues by not more (A) New budget authority, $61,179,000,000. (A) New budget authority, $0. than $13,182,000,000 for fiscal year 2005 and by (B) Outlays, $59,858,000,000. (B) Outlays, $1,000,000,000. not more than $137,580,000,000 for the period of Fiscal year 2005: Fiscal year 2009: fiscal years 2005 through 2009. (A) New budget authority, $70,536,000,000. (A) New budget authority, $0. (2) If a reconciliation bill, as reported pursu- (B) Outlays, $68,563,000,000. (B) Outlays, $250,000,000. ant to paragraph (1), does not increase the def- Fiscal year 2006: (21) Undistributed Offsetting Receipts (950): icit for fiscal year 2005 or for the period of fiscal

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 6333 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3396 CONGRESSIONAL RECORD — SENATE March 31, 2004 years 2005 though 2009 above the levels per- in the allocations and aggregates to reflect any olution is reported, or an amendment is offered mitted in such paragraph, the chairman of the resulting savings from any such measure. thereto or a conference report is filed thereon, House Committee on the Budget may revise the Subtitle B—Contingency Procedure that makes supplemental appropriations for fis- reconciliation instructions under this section to SEC. 311. CONTINGENCY PROCEDURE FOR SUR- cal year 2005 for contingency operations related permit the Committee on Ways and Means to in- FACE TRANSPORTATION. to the global war on terrorism, then the new crease the level of direct spending outlays, make (a) IN GENERAL.—If the Committee on Trans- budget authority, new entitlement authority, conforming adjustments to the revenue instruc- portation and Infrastructure of the House re- outlays, and receipts resulting therefrom shall tion to decrease the reduction in revenues, and ports legislation, or if an amendment thereto is not count for purposes of sections 302, 303, and make conforming changes in allocations to the offered or a conference report thereon is sub- 401 of the Congressional Budget Act of 1974 for Committee on Ways and Means and in budget mitted, that provides new budget authority for the provisions of such measure that are des- aggregates. the budget accounts or portions thereof in the ignated pursuant to this subsection as making SEC. 202. SUBMISSION OF REPORT ON DEFENSE highway and transit categories as defined in appropriations for such contingency operations. SAVINGS. sections 250(c)(4)(B) and (C) of the Balanced (b) EXEMPTION OF EMERGENCY PROVISIONS.— In the House, not later than May 15, 2004, the Budget and Emergency Deficit Control Act of In the House, if a bill or joint resolution is re- Committee on Armed Services shall submit to the 1985 in excess of the following amounts: ported, or an amendment is offered thereto or a Committee on the Budget its findings that iden- (1) for fiscal year 2004: $41,569,000,000, conference report is filed thereon, that des- tify $2,000,000,000 in savings from (1) activities (2) for fiscal year 2005: $42,657,000,000, ignates a provision as an emergency requirement that are determined to be of a low priority to the (3) for fiscal year 2006: $43,635,000,000, pursuant to this section, then the new budget successful execution of current military oper- (4) for fiscal year 2007: $45,709,000,000, authority, new entitlement authority, outlays, ations; or (2) activities that are determined to be (5) for fiscal year 2008: $46,945,000,000, or and receipts resulting therefrom shall not count wasteful or unnecessary to national defense. (6) for fiscal year 2009: $47,732,000,000, for purposes of sections 302, 303, 311, and 401 of Funds identified should be reallocated to pro- the chairman of the Committee on the Budget the Congressional Budget Act of 1974. grams and activities that directly contribute to may adjust the appropriate budget aggregates (c) DESIGNATIONS.— enhancing the combat capabilities of the U.S. and increase the allocation of new budget au- (1) GUIDANCE.—In the House, if a provision of military forces with an emphasis on force pro- thority to such committee for fiscal year 2004, legislation is designated as an emergency re- tection, munitions and surveillance capabilities. for fiscal year 2005, and for the period of fiscal quirement under subsection (b), the committee For purposes of this subsection, the report by years 2005 through 2009 to the extent such excess report and any statement of managers accom- the Committee on Armed Services shall be in- is offset by a reduction in mandatory outlays panying that legislation shall include an expla- serted in the Congressional Record by the chair- from the Highway Trust Fund or an increase in nation of the manner in which the provision man of the Committee on the Budget not later receipts appropriated to such fund for the appli- meets the criteria in paragraph (2). If such legis- than May 21, 2004. cable fiscal year caused by such legislation or lation is to be considered by the House without TITLE III—RESERVE FUNDS AND any previously enacted legislation. being reported, then the committee shall cause CONTINGENCY PROCEDURE (b) ADJUSTMENT FOR OUTLAYS.—For fiscal the explanation to be published in the Congres- sional Record in advance of floor consideration. Subtitle A—Reserve Funds for Legislation year 2004 or 2005, in the House, if a bill or joint (2) CRITERIA.— Assumed in Budget Aggregates resolution is reported, or if an amendment there- to is offered or a conference report thereon is (A) IN GENERAL.—Any such provision is an SEC. 301. DEFICIT-NEUTRAL RESERVE FUND FOR submitted, that changes obligation limitations emergency requirement if the underlying situa- HEALTH INSURANCE FOR THE UNIN- tion poses a threat to life, property, or national SURED. such that the total limitations are in excess of $40,116,000,000 for fiscal year 2004 or security and is— In the House, if legislation is reported, or if (i) sudden, quickly coming into being, and not an amendment thereto is offered or a conference $41,204,000,000 for fiscal year 2005 for programs, projects, and activities within the highway and building up over time; report thereon is submitted, that provides health (ii) an urgent, pressing, and compelling need insurance for the uninsured, the chairman of transit categories as defined in sections 250(c)(4)(B) and (C) of the Balanced Budget and requiring immediate action; the Committee on the Budget may make the ap- (iii) subject to subparagraph (B), unforeseen, propriate adjustments in allocations and aggre- Emergency Deficit Control Act of 1985, and if legislation has been enacted that satisfies the unpredictable, and unanticipated; and gates to the extent such measure is deficit neu- (iv) not permanent, temporary in nature. conditions set forth in subsection (a) for such tral in fiscal year 2005 and for the period of fis- (B) UNFORESEEN.—An emergency that is part fiscal year, the chairman of the Committee on cal years 2005 through 2009. of an aggregate level of anticipated emergencies, the Budget may increase the allocation of out- SEC. 302. DEFICIT-NEUTRAL RESERVE FUND FOR particularly when normally estimated in ad- lays and appropriate aggregates for such fiscal THE FAMILY OPPORTUNITY ACT. vance, is not unforeseen. In the House, if the Committee on Energy and year for the committee reporting such measure by the amount of outlays that corresponds to SEC. 403. COMPLIANCE WITH SECTION 13301 OF Commerce reports legislation, or if an amend- THE BUDGET ENFORCEMENT ACT OF ment thereto is offered or a conference report such excess obligation limitations, but not to ex- 1990. ceed the amount of such excess that was offset thereon is submitted, that provides medicaid (a) IN GENERAL.—In the House, notwith- coverage for children with special needs (the pursuant to subsection (a). standing section 302(a)(1) of the Congressional Family Opportunity Act), the chairman of the TITLE IV—BUDGET ENFORCEMENT Budget Act of 1974 and section 13301 of the Committee on the Budget may make the appro- SEC. 401. RESTRICTIONS ON ADVANCE APPRO- Budget Enforcement Act of 1990, the joint ex- priate adjustments in allocations and aggregates PRIATIONS. planatory statement accompanying the con- to the extent such measure is deficit neutral in (a) IN GENERAL.—(1) In the House, except as ference report on any concurrent resolution on fiscal year 2005 and for the period of fiscal years provided in subsection (b), an advance appro- the budget shall include in its allocation under 2005 through 2009. priation may not be reported in a bill or joint section 302(a) of the Congressional Budget Act SEC. 303. DEFICIT-NEUTRAL RESERVE FUND FOR resolution making a general appropriation or of 1974 to the Committee on Appropriations MILITARY SURVIVORS’ BENEFIT continuing appropriation, and may not be in amounts for the discretionary administrative ex- PLAN. order as an amendment thereto. penses of the Social Security Administration. In the House, if the Committee on Armed Serv- (2) Managers on the part of the House may (b) SPECIAL RULE.—In the House, for purposes ices reports legislation, or if an amendment not agree to a Senate amendment that would of applying section 302(f) of the Congressional thereto is offered or a conference report thereon violate paragraph (1) unless specific authority Budget Act of 1974, estimates of the level of total is submitted, that increases survivors’ benefits to agree to the amendment first is given by the new budget authority and total outlays pro- under the Military Survivors’ Benefit Plan, the House by a separate vote with respect thereto. vided by a measure shall include any discre- chairman of the Committee on the Budget may (b) LIMITATION.—In the House, an advance tionary amounts provided for the Social Secu- make the appropriate adjustments in allocations appropriation may be provided for fiscal year rity Administration. and aggregates to the extent such measure is 2006 or 2007 for programs, projects, activities or SEC. 404. APPLICATION AND EFFECT OF CHANGES deficit neutral resulting from a change other accounts identified in the joint explanatory IN ALLOCATIONS AND AGGREGATES. than to discretionary appropriations in fiscal statement of managers accompanying this reso- (a) APPLICATION.—Any adjustments of alloca- year 2005 and for the period of fiscal years 2005 lution under the heading ‘‘Accounts Identified tions and aggregates made pursuant to this res- through 2009. for Advance Appropriations’’ in an aggregate olution shall— SEC. 304. RESERVE FUND FOR PENDING LEGISLA- amount not to exceed $23,568,000,000 in new (1) apply while that measure is under consid- TION. budget authority. eration; In the House, for any bill, including a bill (c) DEFINITION.—In this subsection, the term (2) take effect upon the enactment of that that provides for the safe importation of FDA- ‘‘advance appropriation’’ means any discre- measure; and approved prescription drugs or places limits on tionary new budget authority in a bill or joint (3) be published in the Congressional Record medical malpractice litigation, that has passed resolution making general appropriations or as soon as practicable. the House in the first session of the 108th Con- continuing appropriations for fiscal year 2005 (b) EFFECT OF CHANGED ALLOCATIONS AND AG- gress and, after the date of adoption of this con- that first becomes available for any fiscal year GREGATES.—Revised allocations and aggregates current resolution, is acted on by the Senate, after 2005. resulting from these adjustments shall be consid- enacted by the Congress, and presented to the SEC. 402. EMERGENCY LEGISLATION. ered for the purposes of the Congressional President, the chairman of the Committee on the (a) EXEMPTION OF OVERSEAS CONTINGENCY Budget Act of 1974 as allocations and aggregates Budget may make the appropriate adjustments OPERATIONS.—In the House, if a bill or joint res- contained in this resolution.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 6333 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3397 (c) BUDGET COMMITTEE DETERMINATIONS.— utes. At the conclusion of that debate we passed in the Senate would reduce For purposes of this resolution— time, we expect to appoint conferees. the deficit, which is far too high, by (1) the levels of new budget authority, out- The House has already appointed con- half in 3 years. lays, direct spending, new entitlement author- ferees. They appointed conferees on I hope we can meet that goal coming ity, revenues, deficits, and surpluses for a fiscal out of the conference committee. That year or period of fiscal years shall be determined Monday. We expect to appoint con- on the basis of estimates made by the appro- ferees at the conclusion of our debate is not easy. It is not easy in any way, priate Committee on the Budget; and time. And for the information of our shape, or form. So I want to make sure (2) such chairman may make any other nec- colleagues, and especially the con- everyone is aware of that. essary adjustments to such levels to carry out ferees—hopefully they have been noti- Again, I thank our colleagues for this resolution. fied—we will have a conference this their cooperation. I thank my col- TITLE V—SENSE OF THE HOUSE afternoon beginning at 2:30. We will go league from North Dakota for his co- SEC. 501. SENSE OF THE HOUSE ON SPENDING as long as necessary to hear operation today because we will get ACCOUNTABILITY. everybody’s viewpoints on both the conferees appointed, we will go to con- It is the sense of the House that— House and Senate budget proposals and ference, and, frankly, we will meet as (1) authorizing committees should actively en- any constructive suggestions they long as necessary to get this job done. gage in oversight utilizing— That certainly is our intention. (A) the plans and goals submitted by executive might have to improve them. I look forward to that discussion. I had hoped that possibly the Senate agencies pursuant to the Government Perform- could pass the budget resolution on ance and Results Act of 1993; and I would love to see us come out of (B) the performance evaluations submitted by conference with a bipartisan budget. Friday. I believe it is the majority such agencies (that are based upon the Program That usually has not happened in the leader’s intention, if the conference Assessment Rating Tool which is designed to im- recent past, but I would love for it to agreement is reached and the House prove agency performance); happen in this case. passes it this week, that we would take in order to enact legislation to eliminate waste, Again, we look forward to going to it up on the Senate floor next Thurs- fraud, and abuse to ensure the efficient use of conference and resolving the dif- day. That is certainly acceptable with taxpayer dollars; ferences between the House and the this Senator, and I will be happy to (2) all Federal programs should be periodically work with all of our colleagues to reauthorized and funding for unauthorized pro- Senate. There are not a lot of differences. The numbers are pretty close make that happen. grams should be level-funded in fiscal year 2005 For the information of our colon the outlay side, and the numbers unless there is a compelling justification; leagues, once a conference agreement (3) committees should submit written justifica- are pretty close on the revenue side. is reached, the rules of the Senate pro- tions for earmarks and should consider not There are some differences, and we will vide for 10 hours of debate and a vote funding those most egregiously inconsistent have to work those out. There are some on the budget resolution. Unless things with national policy; differences in enforcement provisions. change, I expect that would be some- (4) the fiscal year 2005 budget resolution We will work those out. That is what should be vigorously enforced and legislation time next Thursday. should be enacted establishing statutory limits conferences are for. They are com- I yield the floor. on appropriations and a PAY-AS-YOU-GO rule promises between the House and the The ACTING PRESIDENT pro tem- for new and expanded entitlement programs; Senate. pore. The Senator from North Dakota. and I compliment our colleagues in the Mr. CONRAD. Might I inquire of the (5) Congress should make every effort to offset House for passing a budget. We actu- chairman and make sure I have heard nonwar-related supplemental appropriations. ally passed a budget the week before this correctly, that the chairman has SEC. 502. SENSE OF THE HOUSE ON ENTITLE- last. I thank all of our colleagues. We MENT REFORM. indicated the leader intends to bring actually ended up passing the budget the budget conference agreement up for (a) FINDINGS.—The House finds that welfare after 4 days. The last day was a fairly was successfully reformed through the applica- final debate and a vote on Thursday tion of work requirements, education and train- long day. It lasted into Friday morn- next? ing opportunity, and time limits on eligibility. ing, about 1:30 in the morning. We did Mr. NICKLES. That is correct, a (b) SENSE OF THE HOUSE.—It is the sense of it with 25 votes. That was half the week from Thursday. the House that authorizing committees should— number of votes we had the previous Mr. CONRAD. A week from Thurs- (1) systematically review all means-tested enti- year. The previous year we had 51 day? tlement programs and track beneficiary partici- votes. Those votes dealt with a lot of Mr. NICKLES. Correct. pation across programs and time; different issues. Hundreds of billions of Mr. CONRAD. I thank the chairman (2) enact legislation to develop common eligi- for his courtesies as we have gone bility requirements for means-tested entitlement dollars in new taxes were proposed, and programs; hundreds of billions of dollars in new through the process. I think because (3) enact legislation to accurately rename spending were proposed, most of which we both worked together productively means-tested entitlement programs; were defeated. We accepted some yesterday, we came to a reasonable (4) enact legislation to coordinate program amendments, and we will work through conclusion about how to proceed today. benefits in order to limit to a reasonable period those amendments. I want to thank the chairman for his of time the Government dependency of means- We have other issues, I will tell my patience yesterday as we worked tested entitlement program participants; colleague, and he is well aware of it. through a number of issues with a lot (5) evaluate the costs of, and justifications of colleagues to avoid many more votes for, nonmeans-tested, nonretirement-related en- My colleague from North Dakota is titlement programs; and very familiar with the budget. There is that, in my judgment, would have been (6) identify and utilize resources that have a reserve fund, and there are a lot of unnecessary and not advanced the ball conducted cost-benefit analyses of participants different issues. The House has some, in any constructive way. So I thank in multiple means- and nonmeans-tested entitle- and we have some. We have to work the chairman for his patience yester- ment programs to understand their cumulative those out. That is what budgets are for. day. costs and collective benefits. The House intends to pass this bill I was somewhat surprised to read in The ACTING PRESIDENT pro tem- this week. That means we have to do a the New York Times this morning com- pore. Under the previous order, the lot of work. Some work has already ments of certain House Republican Senator from North Dakota controls 60 happened behind the scenes. Chairman leaders, specifically the majority lead- minutes, and the Senator from Okla- NUSSLE and I have been trying to reer, yesterday about where we are head- homa controls 30 minutes for debate solve issues and lay the groundwork, ed in this country with these massive only. Who yields time? but a lot of major decisions have yet to deficits. We have the largest deficits in The Senator from Oklahoma. be made. Again, that is what con- the history of the country by almost Mr. NICKLES. Mr. President, for the ferences are for. any measure, and we see going forward information of our colleagues, I believe So I look forward to working with all deficits even much larger than these as we are going to have debate that will of our colleagues in the Senate, espe- the baby boomers retire, which is of last about an hour and a half. My col- cially the conferees, to come up with a much greater concern to this Senator. league from North Dakota will be in budget resolution that will signifi- That is the course the President is tak- control of an hour and myself or Sen- cantly reduce the deficit. I say signifi- ing us on. In my judgment, it is a reck- ator GREGG will be in control of 30 min- cantly reduce the deficit, the budget less course and a course that will

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3398 CONGRESSIONAL RECORD — SENATE March 31, 2004 threaten the economic security of this Congressional Budget Office told us lar terms the deficit now is at a record country for a long period of time. So about. The midline is their official level? this morning when I read the New York forecast. We passed the tax cuts. In Mr. CONRAD. Yes. In dollar terms Times and I saw that Republican Con- fact, we have passed three rounds of the deficit this year—— gressman DELAY of Texas, the major- tax cuts. Did we get more revenue and, Mr. SARBANES. Is the highest it has ity leader in the House, ‘‘ . . . restated as a result, did we get even bigger sur- ever been? a view that has been cited by other Re- pluses, which is what our Republican Mr. CONRAD. By $100 billion. publican House leaders: tax cuts pay friends told us was going to happen? Mr. SARBANES. It is the highest it for themselves by generating economic No. Here is what has happened in re- has ever been. Mr. CONRAD. It exceeded last year’s growth that more than makes up for ality. deficit, which was the previous record, lost revenue.’’ This is the red line. With all the tax by $100 billion. Mr. DELAY went on to say: cuts, we have wound up with not sur- Mr. SARBANES. I also understand pluses but deficits. So the philosophy We, as a matter of philosophy, understand when they try to put it in percentage that when you cut taxes, the economy grows, that apparently was the guiding hand, terms as a share of the economy, that and revenues to the government grow. The that said cut taxes and there will be it is almost at the highest level it has whole notion that you have to cut spending more revenue, and as a result even big- been since the end of World War II. Of in order to cut taxes negates that philos- ger surpluses, did not work in the real course, we had to fight World War II. ophy, so I’m not interested in something world. that would negate our philosophy. We had a significant deficit and ran up In the real world, what we got was the debt. But it is almost at the high- I am a lot less interested in philos- not surpluses but massive deficits. est it has ever been, and it is projected, ophy than I am in what works in the What we got in the real world was not as I understand it, to go higher; is that real world. The philosophy that Mr. a tax-cut-driven surge in surpluses, correct? DELAY has espoused, and others have what we got is massive record deficits. Mr. CONRAD. Yes. If we look ahead, as well, that somehow taxes are cut So everybody is entitled to their own look over just the next few years, what and that produces more revenue, the philosophy, everybody is entitled to we see, under the President’s own cal- problem is it has not worked. Let’s be their own ideology, but all of that gets culations, the deficit as a share of our direct. Let’s go back to what the Con- measured against what happens in the Nation’s income is even going to get gressional Budget Office told us back real world. larger. These are record deficits. As we in 2001. Looking forward, they said What has happened in the real world can see, even as a share of the national there was a range of possible outcomes is the surpluses have evaporated and income, this deficit is the second high- with respect to the budget surpluses. now we have record deficits. All of est it has been since World War II, only Remember then they were telling us we these claims by our friends, that if we exceeded by 1983. were going to have these massive budg- had just had this massive package of et surpluses, but they said there was a Interestingly enough, I would say to tax cuts we would get more revenue, my colleague, in 1983 the Social Secu- range of possible outcomes expressed. we would get more surpluses, did not By this chart, I call it the fan chart, rity surplus was only several hundred work out. It did not work out. million dollars. the forecast that was adopted was right So now I say to my friends, we better in the middle of this range of possible Mr. SARBANES. Million? get serious about getting this train Mr. CONRAD. Million. Now the So- outcomes. back on the track because we are head- cial Security surplus is $160 billion, and Now, this is how this is relevant to ed for very big trouble. under the President’s plan, under the what Mr. DELAY is telling us. I was If we look at the record on deficits Republicans’ plan, they are taking told by a Republican colleague, a Sen- over a very long period of time going every dime of Social Security money ator: You are being much too conserv- back to 1969, here is what we see: Under and using it to pay for tax cuts and ative. Do you not understand that the President’s plan, we have now seen using it to pay for other expenditures. these surpluses are going to be bigger the deficits absolutely skyrocket. This Mr. NELSON of Florida. Will the than CBO is forecasting because of the theory that we were going to get more Senator yield? tax cuts? revenue and bigger surpluses did not Mr. CONRAD. I will be happy to I was told repeatedly by my Repub- work out. Instead, we got a massive in- yield. lican colleagues when I warned them crease in deficits and a massive in- Mr. NELSON of Florida. Isn’t it in- that betting on a 10-year forecast of crease in debt. Some of our friends on teresting, if you will put the other these surpluses was risky, that it was the other side say not to worry, that as chart up there—Mr. President, I thank dangerous, that it was unlikely that it a share of the gross domestic product the Senator for yielding for a ques- was going to be such a rosy scenario, the deficits are not as big as they have tion—how the old labels don’t mean and over and over again my Republican been in the past. anything anymore—what is conserv- colleagues told me: Senator, you are I say to my colleagues, if one does a ative and what is liberal. We are now too conservative. Do you not under- fair analysis of the operating deficits looking at record deficits, and they say stand that when taxes are cut, there is of the country—that is, take out Social this is a conservative budget? It seems more revenue? Do you not understand Security instead of using Social Secu- to me it is exactly the opposite, that these surpluses, after we pass the tax rity funds to float this boat; do as the the reckless spending and tax policies cut, will be even bigger than the Con- law requires when calculating the defi- that end up with fiscal policy that is gressional Budget Office has forecast, cits and not include the Social Secu- running the country into debt are ex- even bigger than the President’s Office rity funds and look at this budget on actly the opposite of conservative fis- of Management and Budget has fore- an operating basis—what we find is cal policy. To the contrary, it is reck- cast? that as a share of GDP, the deficit this less liberal policy that is driving our I said: Well, that is a nice theory but year has been only exceeded once since country into economic doldrums. I do not believe it. I do not think we 1947. That was back in 1983, when it was Does the Senator agree? are going to wind up with bigger sur- 6 percent of gross domestic product. Mr. CONRAD. I say to the Senator, pluses because of these tax cuts. In Now it is 5.5 percent. we look at each of these budget pro- fact, I think we are going to find the Those who seek to minimize the size posals from the other side and, under surpluses evaporate, and I said so doz- of these deficits by this claim are mis- any one of them, they are going to add ens of times on the Senate floor. I said leading the American people as to the $3 trillion to the national debt over the so dozens of times in the Budget Com- true fiscal condition of the United next 5 years. And the next 5 years is mittee. States. the good times. After that, the baby Now we can go back and check the Mr. SARBANES. Will the Senator boomers retire and the full cost of the record. Let’s see what happened in the yield? President’s tax cuts explode. Then you real world, not based on some philos- Mr. CONRAD. I am happy to yield. see the real effect of these policies. ophy, not based on some ideology. Here Mr. SARBANES. On the previous Frankly, I am less concerned about are the range of projected surpluses the chart, am I to understand that in dol- the deficits we face in the near term. I

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3399 am much more concerned that under I say to the Senator, I think he is just at a time of economic weakness, the President’s plan we don’t see any making an extremely important point, and not just at a time that we are en- end to these deficits. In fact, the addi- to underscore the fact that the debt gaged in a conflict, but for the foresee- tions to the debt absolutely explode continues to explode even under favorable future, for 10 years in the future, and at the worst possible time, right able assumptions by the administra- massive increases in debt under the before the baby boomers retire. tion. President’s plan. The President has said it is the slow- Mr. CONRAD. It is one of the most I showed this chart which talks down in the economy that is the prob- startling things, if you examine the about the pattern of the President’s lem. The Congressional Budget Office President’s proposals. The President, tax cuts that explode beyond the 10- issued a report just the other day. This who has represented himself to the year window. We see the same thing is the New York Times report on the American people as conservative, has with the alternative minimum tax—a CBO research. It says: the most radical budget plan ever put billionaire’s tax—now becoming a mid- When President Bush and his advisers talk before this country. That is because he dle-income tax trap with 3 million peo- about the widening Federal budget deficit, is absolutely exploding the debt right ple affected. At the end of this period, they usually place part of the blame on eco- before the baby boomers retire. When it is going to be 40 million people. nomic shocks ranging from the recession of he says he is going to cut the deficit in The President’s budget only provides 2001 to the terrorist attacks that year. But a half, what he has done is he has left out for dealing with that crisis in the first report released on Monday by the non- year. partisan Congressional Budget Office esti- things that we all know are going to be expenses. For example, he has left out Look at the pattern of the cost of fix- mated that economic weakness would ac- ing it beyond that first year. It abso- count for only 6 percent of a budget shortfall funding for the war in Iraq, the war in that could reach a record $500 billion this Afghanistan, the war on terror. He says lutely skyrockets. The President pro- year. there is no cost past September 30 of vides nothing past the first year, again The new numbers confirm what many ana- this year—none. hiding from the American people the lysts have predicted for some time: That The Congressional Budget Office says full effect of his budget plan. The budget deficits in the decade ahead will stem the cost is $280 billion over this next President told us repeatedly he would less from the lingering effects of the down- not use Social Security money for turn and much more from the rising Govern- period of time. The House and the Sen- ate have put in these much smaller other purposes. But when you look at ment spending and progressively deeper tax his budget plan, that is not the case. cuts. amounts, $50 billion in the House, $30 billion in the Senate. But the Congres- He is taking every penny of Social Se- Our friends on the other side of the curity surplus over the next 10 years aisle don’t want to talk about the ef- sional Budget Office says that is not what this is going to cost. It is going to and using it to pay for tax cuts and for fect of the tax cuts. That is missing in other things—$2.4 trillion, every penny cost $280 billion. action as part of the contributor to of which has to be paid back, and the these massive deficits. The fact is, defi- We see that same pattern with other elements in the President’s plan. Here President has no plan to do so. That is cits are the creation of the relationship a reckless plan; again, something the between spending and revenue. It is the is the cost in the 10 years of the Presi- dent’s tax cuts. Do you notice a pat- President pledged not to do. two of them that have to be focused on The result is this is what we see hap- tern? This dotted line is the end of the if we are going to deal with these defi- pening to the debt of the United 5-year budget proposal of the Presi- cits. We are hearing from the other States. side that the President says he is going dent. In previous years he did 10-year Remember in 2001 when the President to cut the deficit in half over the next budgets. Now he is down to 5 years be- told us he would have maximum 5 years. cause I am afraid he wants to hide from paydown of the debt. He would be able Here is what we see. He does that by the American people the full effect of to pay off all of the debt that was just leaving out things. He leaves out his budget plan. Just looking at the available to pay off. any war costs past September 30 and he tax side of it, you can see the cost of Now what we see is not debt being leaves out the alternative minimum his proposed tax cuts absolutely ex- paid off but debt exploding from about tax, which was the old millionaire tax, plode outside the 5-year budget win- $6 trillion when he took over. We now and has now become a middle-income dow. In effect, he is hiding from the anticipate it will be approaching $15 tax trap. American people the true fiscal condi- trillion by 2014. When you put those things back in, tion of the country. Where is the money coming from? what you see is additions to the debt Mr. NELSON of Florida. Will the I have already indicated we are bor- are not being reduced. Additions to the Senator yield on that point? rowing every penny of Social Security debt are not being cut in half. Addi- Mr. CONRAD. I will be happy to surplus. It is not surplus at all because tions to the debt continue at extraor- yield. all that money is going to be needed dinarily high levels for the entire rest Mr. NELSON of Florida. Mr. Presi- when the baby boomers retire. It is of the decade, and, again, right before dent, as the Senator did yield, I ask the borrowing every penny of Social Secu- the baby boomers retire. Senator, our ranking member on the rity surplus—$2.4 trillion. But he does Mr. SARBANES. Will the Senator Budget Committee, isn’t it interesting not stop there. He is borrowing money yield on that point? that when we voted on all these issues from all over the world: over $500 bil- Mr. CONRAD. I will be happy to in the Budget Committee and on the lion from Japan, and over $140 billion yield. floor of the Senate, that organizations from China. Under the President’s Mr. SARBANES. I say to the Sen- that rate the votes, even respected or- plan, we have even borrowed $69 billion ator, I think it is an extremely impor- ganizations such as the National Jour- from so-called ‘‘Caribbean Banking tant point. Even if you reduce the def- nal, when they determined what is lib- Centers.’’ He has borrowed over $40 bil- icit—and the President is making these eral and what is conservative, in the lion from South Korea. enormously favorable assumptions votes the Senator from North Dakota Think about this: America, the most about how much he can reduce the def- and I were casting against raising the powerful Nation in the world, and here icit. Every analysis has, in effect, un- deficit in the outyears, lo and behold, we are reduced to borrowing money dercut the administration’s statement they rated our vote as liberal when, in from countries all over the world, in- and said the deficit, year to year, will fact, our vote is conservative, not to cluding South Korea. be larger. But any deficit you run be- run the country, over the next 10 years, Mr. SARBANES. Mr. President, will comes an addition to the debt, so the into this extraordinary national debt the Senator yield on that point? debt continues to grow. that is going to build up like it is a Mr. CONRAD. I would be happy to As the chart of the Senator shows, it rocket taking off. yield. grows in alarming proportions. That is Mr. CONRAD. What one calls these Mr. SARBANES. Those are huge a burden that then is saddled on the things and what label one puts on them sums we are borrowing from these var- next generation which they have to is striking. The fact is, whatever one ious nations in order to cover our def- pay off almost indefinitely into the fu- calls it, what is being done is not con- icit. This is debt they hold which the ture. servative—to run record deficits not United States has to pay back.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3400 CONGRESSIONAL RECORD — SENATE March 31, 2004 The fact is, if you connect every- crease spending on defense, homeland Then we had a recession, a terrorist at- thing, what is happening in effect is, in security, and then cut taxes mostly for tack, a war in Afghanistan, a war in order to give tax cuts to the elite, to wealthy Americans, saying that it Iraq. the very wealthy, we are borrowing would result in balance; is it not the The fact is, we had all kinds of un- money, and we end up borrowing case the Treasury Secretary under this foreseen circumstances, and now we money from all of these countries in administration was fired for believing have a situation that is calling for dra- order to finance the deficit that results that this is irresponsible fiscal policy? matically increased spending, as re- from the tax cuts, and then saddling Mr. CONRAD. I think it is very clear quested by this President. We have the next generation with the responsi- that the Secretary of the Treasury was these long-term tax cuts and the larg- bility of paying on this debt out into fired because he resisted additional tax est debt in history. the future. cuts. The Senator uses the term ‘‘irrespon- It is incredible when you stop and I think in the short term, all of us sible.’’ This is an irresponsible fiscal think about it; that in order to finance supported tax cuts to give lift to the policy. The Senator does the Senate a tax cuts here we are borrowing money economy. We supported a much dif- great service, in my judgment, by com- from over there in order to do that. ferent package of tax cuts than the ing to the floor with these charts and Mr. CONRAD. I don’t think the President did because we thought it describing exactly to the American American people have yet had a chance ought to go more toward middle-in- people what this fiscal policy is about. to fully focus on where this is all head- come people and less to the high-end Mr. CONRAD. Perhaps nothing reed. That is the thing that is most people to give more lift to the econ- veals more clearly than this next slide alarming. I am less concerned about omy. where this is all leading. This chart the current deficits even though they If you put it in the hands of middle- shows—and this is not my projection; are a record and they are appalling. I income people, they are more likely to this is not a Congressional Budget Of- am much more concerned about where spend it and give lift to the economy. fice projection—this is the President’s the President’s plan takes us. Even In the short term, we proposed tax cuts own projection of where his budget when he sees economic growth reviv- that are actually larger than the Presi- policies are taking it. This is from his ing, his plan runs massive deficits and dent’s to give lift to the economy. For budget, and the assumption is his tax runs up the debt in a dramatic way— the long term, we proposed about half policies and his spending policies are meaning more borrowing and more bor- as much in tax cuts because we were adopted. Look what it shows. These are record rowing and more borrowing. worried about sending this country deficits, the biggest we have ever had. Let me conclude. The result is we are into a tailspin created by exploding But they are dwarfed by what is to seeing the effect on the value of our deficits and debt. come, under the President’s own anal- own dollar. The dollar has declined in Mr. DORGAN. If the Senator will ysis of where his policy is leading. yield for a further question, to clarify value almost 30 percent against the This shows as the baby boomers re- what the Senator from Maryland asked euro in just the last 2 years. tire and the full cost of the President’s Let me conclude with this: Econo- and the question about borrowing tax cuts are realized, the President’s mists are worried about the long-term money from South Korea, in fact the plan takes us right over the cliff into effects of this weakening dollar and perversity is we actually borrow money deficits that dwarf the ones we are hav- this heavy U.S. borrowing because not from South Korea so we can recon- ing now, which are of record size. only are we borrowing to finance the struct Iraq. It is not even money to in- What could be more clear than we are budget deficit, we are also borrowing vest in the strength of this country. on a course that is utterly because we are running massive trade Aside from that, President Reagan unsustainable? deficits. This was in the Washington talked about $1 trillion in debt when he Mr. SARBANES. If the Senator will Post on January 26 of this year: took office. He said $1 trillion in debt is yield, do those projected deficits rise Currency traders fretting over that de- $1,000 bills stacked 67 miles high. As I into double figures as a percent of the pendency have been selling dollars fast and look at what this President is pro- GDP? Am I correct in reading that buying euros furiously. The fear is that for- posing, he is proposing a fiscal policy chart? It is well up over 10 percent of eigners will tire of financing America’s appe- that says let us have another stack of tites. Foreign investors will be dumping U.S. GDP would be in deficit? Is that cor- $1,000 bills that goes 335 miles high in rect? assets, especially stocks and bonds, sending debt. Who is going to carry that? Who financial markets plummeting. Interest Mr. CONRAD. It is actually over 12 rates will shoot up to entice them back. is going to take care of that? Isn’t it percent of GDP. Economists say it is Heavily indebted Americans will not be able the case that the President is saying utterly unsustainable. This is the to keep up with rising interest payments. In- somebody else, somebody behind the course the President is taking us on. flation, bankruptcies, and economic malaise tree, maybe our kids, maybe our The President’s plan is not conserv- will follow. grandkids but not us? ative. This is a reckless plan. It is a This is a warning that is being sent Is it the case that these proposals, radical plan. It is a plan that cannot be to us about the recklessness of the this budget on the floor and the budget allowed to continue. course that we are on. submitted by the President, is a budget This plan will jeopardize not only So- If we need to have a reality check, 3 which is so seriously out of balance cial Security and Medicare, but most weeks ago, in the Wall Street Journal, that we will in the long term have the of the rest of what the U.S. Govern- they indicated Asian central banks largest deficit and the biggest debt in ment does, including our ability to de- have made a decision to diversify out the history of humankind with no pro- fend ourselves. of dollar-denominated securities. vision at all of asking anybody to own One does not need to take my word Warren Buffett, the second wealthi- up to that responsibility? for it. We have been alerted by the est man in this country, is reported, 2 Is it the case that the question Sen- head of the Federal Reserve, who has weeks ago, as having made a $12 billion ator CONRAD is asking here has to do told us we ought to now consider cut- bet against the value of U.S. currency. with accountability? When do we de- ting Social Security benefits because In article after article, we are seeing cide we have to make a u-turn and we are, in his words, ‘‘overcommitted.’’ the danger and the warning signs of the begin moving toward responsibility? And it is not just him. We can go to reckless course the President is taking That is the point. group after group that are responsible us on. If I might make one final comment. I on budget issues that are saying: Look, Mr. DORGAN. Mr. President, if the say to Senator CONRAD, you are right, you are on a course that is utterly Senator will yield, is it the case that we proposed tax cuts, but in 2001 we reckless. the former Secretary of the Treasury, also said: Let’s not put in place some- The President told us on the issue of Paul O’Neill, was fired for saying es- thing permanent that could get us in Social Security: None of the Social Se- sentially what the Senator from North trouble because we might have some curity surplus will be used to fund Dakota is saying on the floor today, unforeseen circumstances. The other other spending initiatives or tax relief. talking about a fiscal policy that side said: No. Katie bar the door. Let’s That is what he told us in his 2002 doesn’t add up, about proposals to in- do it all and don’t worry. Be happy. budget. But what we see is something

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3401 quite different. In fact, he is taking to talk about—and I started this morn- are saying it is more important that every penny of Social Security suring by quoting Mr. DELAY, who said: the top 1 percent, those earning over plus—again, it is really not surplus; it You cut taxes, you get more revenue. $337,000, get every penny of their tax is surplus for the moment because Well, that is a theory. It is a philos- cut than to restore the money for No when the baby boomers retire, all that ophy. It is an ideology. The problem is, Child Left Behind. money is going to be needed—he is tak- it does not work in the real world. The same is true with other impor- ing every penny, $2.4 trillion over the Here is what has happened to rev- tant priorities: The firefighters, $250 next decade, and using it to fund pri- enue. Revenue has collapsed to the low- million to restore the cuts on them marily tax cuts. est level as a share of national income compared to $45 billion for the cost of It is very interesting, when you do since 1950. So their theories are not the tax cuts for the wealthiest 1 per- the analysis, the cost of his tax cut working in the real world, and the recent, those earning over $337,000 a year. proposals over the same period is al- sult is, we have a weakening economy. If we look at the House budget reso- most the identical amount—$2.5 tril- I ask the Chair, how much time is re- lution, we see the same thing in terms lion of income tax cuts, being funded maining? of additions to the debt, only it is even by $2.4 trillion of Social Security The ACTING PRESIDENT pro tem- worse. I don’t see any big improvement money. pore. Twenty-three minutes. here. They say they are going to cut So you have the specter of taking Mr. CONRAD. I have 23 minutes. The the deficit in half. But if you look at money from payroll taxes and using it other side has? increases to the debt, what you see is to fund income tax cuts that over- The ACTING PRESIDENT pro tem- they are going to be adding $600 billion whelmingly go to the wealthiest 1 per- pore. Twenty-six minutes. to the debt year after year of the entire cent in this country. Mr. CONRAD. Twenty-six. Mr. Presi- budget window. Just like our Senate Mr. NELSON of Florida. Will the dent, I will just move through this colleagues add to the deficit, they add Senator yield? quickly, and ask others to comment if $301 billion to the deficit over the next Mr. CONRAD. Yes, I am happy to. they would like the opportunity, and 5 years, in comparison to doing noth- Mr. NELSON of Florida. Mr. Presi- give time to the other side to respond. dent, if the Senator will yield for a ing. I see Senator GREGG is here and Sen- Interestingly enough, when I look at question, I ask our leader on the Budg- ator GRASSLEY is here. et Committee: How in the world could the discretionary spending limit that We see a job loss that is very un- was set in the Senate a year ago, the our friends, who call themselves con- usual. The pattern of this job loss, in servatives, vote for anything but a con- budget the Republican House has sent comparison to every other recession us exceeds that limit, that self-imposed servative budget such as this that, as since World War II, is very interesting. the Senator from North Dakota has limit that was put on here. They are The dotted red line on this chart is the going to spend $871 billion under their characterized it, is radical? average of every recession since World How could our friends, who claim plan. A year ago they put a spending War II. You can see, 17 months after they want to protect the Social Secu- limit of $814 billion. the business cycle peaked, of all the rity surplus, vote for a budget that The other point that needs to be other recessions, you saw us pulling raids all of that surplus to finance tax made is, additions to the debt. There is out of job loss. Jobs were being created cuts, primarily for the more well-to- almost no difference between the Bush in a very favorable way in each of the do? budget. He is adding $3 trillion to the How could our friends, who call other nine recessions. debt in the next 5 years; the Senate themselves conservative, in fact, fi- But look at this downturn. We still budget, $2.9 trillion; the House, $3 tril- nance a lot of this budget for a pre- do not see job recovery occurring, and lion. So there is very little difference. scription drug benefit that was a bail- we are 35 months past the business Finally, on the issue of PAYGO—this out to the pharmaceutical and insur- cycle peak. Something is wrong. Some- is the procedure to make it harder to ance companies, and, lo and behold, thing is not working. We are now 5.4 spend the money and to pass tax cuts was not what it was sold as—$400 bil- million jobs short of the typical recov- given our fiscal condition—Mr. Green- lion over 10 years—but, instead, $535 ery. We have all seen this chart. For span has said: billion? private sector jobs, 3 million have been I would, first, Mr. Chairman, restore How could our conservative friends lost since January of 2001. PAYGO and discretionary caps. Without a vote for a budget like this? Now we turn to the budget our process for evaluating various tradeoffs, I see Mr. CONRAD. I do not know. But I friends have proposed on the other side. no way that any group such as Congress can know this: History will not treat them They say they are going to cut the def- come to set priorities which will effectively kindly. When people have a chance to icit in half over the next 3 years. Well, reflect the will of the American people. look back and see the decisions that I say to our friends, I look at what is We restored the provisions to make it were made here and now, and where it being added to the debt under their more difficult to spend new money for is leading, history will not treat them plan: $612 billion this year, and every past tax cuts in the Senate. The House kindly. year thereafter over $550 billion being did not. They failed on a tie vote of 209 On this question of spending and rev- added to the debt. I do not see any big to 209. This is going to be the critical enue, here is the historical chart on improvement here in terms of what is test in conference. For those who say spending, again, as a share of gross do- being added to the debt. In fact, I see they are fiscally conservative, this is mestic product. You can see it goes almost no change under the proposal their chance to prove it. Because if we back to 1981. In the 1980s, spending, as by our Senate Republicans. don’t put in place the budget dis- a share of GDP, got to 23.5 percent. At I hear them say they are reducing ciplines that have worked in the past the end of the Clinton years, spending the deficit, cutting it in half over the to eliminate deficits and to get us on a was down to 10.4 percent of GDP. It is next 3 years. The fact is, if you put this more firm financial footing, we will very interesting. Spending, as a share thing on automatic pilot and we made have failed the American people. of gross domestic product, went down no policy changes, the deficit would de- I ask the Chair how much time is re- each and every year of the Clinton ad- cline more rapidly. They are actually maining on this side? ministration. increasing the deficit with this plan by The ACTING PRESIDENT pro tem- Now we have had a significant bump $178 billion over the next 5 years, com- pore. Seventeen minutes. up. Ninety-one percent of that increase pared to doing nothing. Mr. CONRAD. And the Senator has 26 is defense, homeland security, rebuild- If you look at the priorities, you minutes. ing New York, and the airline bailout. have to question those as well. Those The ACTING PRESIDENT pro tem- That is where the money has gone. But who are the wealthiest 1 percent, earn- pore. Twenty-six minutes, that is cor- even with that increase, you can see ing over $337,000 a year, their tax cut rect. spending is well below where it was in for this coming year is $45 billion. On Mr. CONRAD. Senator GREGG has the 1980s and 1990s as a share of GDP. the other hand, to restore the cuts of been waiting patiently. I think it is The revenue side of the equation, the education program No Child Left probably more useful that they would however, which our friends never want Behind would cost $8.6 billion. So we take some of their time at this point.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3402 CONGRESSIONAL RECORD — SENATE March 31, 2004 The ACTING PRESIDENT pro tem- I can understand why they don’t forward from the other side of the pore. Who yields time? The Senator want to bring their budget forward. If aisle—massive tax increases, massive from New Hampshire. their nominee, who is a Member of this spending increases. They have now Mr. GREGG. Mr. President, I yield body, is proposing he is going to in- been confirmed by the policies of the myself such time as I may consume. crease the deficit by a trillion dollars, nominee of their party—or the pre- I am, of course, always impressed by by increasing spending by $1.7 trillion sumptive nominee—who has proposed the Senator from North Dakota, al- and taxes by $700 billion, such a budget $1.7 trillion of new spending, $700 bil- though there is a darkness to his pres- could be appropriately called a tax- lion of additional tax increases, for a $1 entation. There is a sense of doom he and-spend budget. trillion add-on to our deficit. puts forward I am not necessarily a Let’s look at the substance of what So I don’t think, when the other side subscriber to. But he certainly is a per- the practical effect of the proposal of the aisle comes forward and pre- son who has committed himself to un- would be that has been brought forward sents—very expansively and very well, derstanding the numbers and trying to by the Senator from Massachusetts, his obviously, because the Senator from present them in a form that most ade- $700 billion tax increase, for example. North Dakota is a well-spoken indi- quately and appropriately reflects his What would that effect be? If you are vidual who understands how to make a view of where we are as a Nation fis- going to look at the Senator’s charts good presentation, and he always has— cally. over the next 4 years, where he claims I don’t think they can do that in good It is hard to guess, but I suspect it if we went on under current law, the conscience if they don’t also present was in the range of 50 different charts. deficit would go down by another $135 their budget at the same time, their There were a lot of charts. Some of billion, which is essentially a tax in- answers to this problem. If they are them were charts that were charts on crease, because what he is saying is going to be fair about it, they have to top of charts which restated the chart under current law, taxes will go back bring forward the answers of their can- that came before the chart, but they up because taxes expire, what taxes are were good charts. They were excellent didate for President, because they keep they talking about increasing on that charts—very colorful and nicely pre- referring to our President, President side of the aisle under that theory? sented. Bush, who happens to be everybody’s What we did not see was a chart that They are talking about repealing our President right now and hopefully will presented the Democratic budget. expansion of the 10-percent bracket so be for the next 4 years. But they have Where is it? Where is the budget from the people in the low-income areas to present it in juxtaposition to what the other side of the aisle that address- would have a 10-percent bracket. That their candidate for President is talking es all these concerns which have been would be repealed. They are talking about. If he had a budget on the floor raised by the other side of the aisle about repealing our increase in the today, it would be a $1.7 trillion in- about the Republican budget? It does child tax credit, rolling it back from a crease in spending, increase in taxes, not exist. No budget has been offered. $1,000 credit to a $700 credit. adding $1 trillion to the debt, and a lot No budget was offered in the com- They are talking about repealing our of people who don’t deserve to have mittee, and no budget is going to be of- efforts to reform the marriage tax pen- their tax increased—people in the 10- fered here in the Chamber. Why is alty so when you get married, you percent bracket, married people, people that? Because if you look at the sub- don’t get hit with an extra tax. All of who have children going to college— stance of what is being presented by those taxes would have to be repealed would be stuck with a brandnew tax the other side, they are basically say- to meet the Senator’s proposal relative bill. ing, in order to address this problem, to reducing the budget over the next That is a brief response. There is a they are going to raise taxes. That is few years by $135 billion, because those much more extensive response, but my the only logical conclusion you can are the ones that expire. time is limited. The Senator from Iowa reach by looking at their position. If you look at the proposals of the wishes to proceed. What does a tax increase in the mid- Senator from Massachusetts, the same I yield the floor. dle of a recovering economy do? It sti- effect would occur. His proposal for The PRESIDING OFFICER. The Sen- fles it. It creates a compression of that $700 billion of new taxes is a proposal ator from Iowa is recognized. economic recovery, causes it to retract to repeal, as a practical matter, the Mr. GRASSLEY. Mr. President, how itself, and it will cost jobs. The worst child tax credit, to restart the mar- much time is left on this side? fiscal policy we could pursue would be riage penalty, and to make it difficult The PRESIDING OFFICER. There to raise taxes. Maybe that isn’t their for people in low-income brackets, in are 17 minutes remaining. proposal, but we don’t have a proposal the 10-percent area, to get a 10-percent Mr. GRASSLEY. I yield myself 10 from them to reflect what it would be. tax burden versus kicking it back up to minutes. No responsibility is put forward for ac- 15 percent. Mr. President, we heard testimony tually answering the questions which Now, all these initiatives, under the from the other side on the fiscal condi- have been raised, assuming they are leadership of the Senator from Iowa, tion of the U.S. Government, how bad even legitimate questions, from the which are targeted to low-income it is and they are sounding alarms. I other side of the aisle. Americans, were taken as an attempt think all that is very legitimate. I am So let’s turn to the nominee of their to address those legitimate concerns not here to dispute specific figures, I party to see if that individual has about people who are in the middle- am not here to say that the other side maybe put forward his concepts on how and low-income brackets and want to has been intellectually wrong, but at we address the fiscal policies of the have a fair tax rate. We passed those least to say they have left some United States. Yes, he has. In his cam- laws, but they will expire. I guess it is misimpressions about some aspects of paign through New Hampshire—where clearly the position of the other side of this budget. I will start with the chart he spent a considerable amount of the aisle that those expirations should shown about borrowing from foreign time, and we very much appreciated it be allowed to occur, and therefore the countries. because he spent a considerable taxes should go back up. That appears The U.S. Government does not go to amount of money—he presented pro- to be the core of their budget. It is cou- other countries and say, hat in hand: grams which totaled $1.7 trillion of new pled, of course, with this spending ini- Will you lend us X number of dollars? spending over the next 10 years. That is tiative. What the U.S. Government does is say a budget proposal—a budget buster, but We had debate on the budget on the to the 270 million Americans, and any- a budget proposal. He offset that with floor of the Senate. During the budget body else in the world: We have X tax increases of approximately $700 bil- debate, the other side of the aisle, amount of debt that we have to refi- lion during that same time. So he is which never brought forward a budget, nance, or finance, and people come to going to add to the deficit, which has proposed spending increases of $379 bil- bid on that. The market determines been outlined by the Senator from lion. They proposed tax increases of who gets what. North Dakota in very colorful terms, $276 billion. I believe those are the Now, we do have a lot of foreigners an additional trillion dollars over the numbers, but they may not be exact. that own American debt. Why do they next 10 years. Those were the amendments brought want to invest in America’s national

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3403 debt? Because they have confidence in as homeland security, and 50 percent icy in this country of taxing in the America and because they want a re- because of the downturn in the econ- Federal Government at about 17 to 19 turn on their money. It ought to be omy. percent of gross national product. It somewhat satisfying to the American When did that downturn in the econ- seems to me that is pretty good policy people that the rest of the world thinks omy start? In the year 2000, not in the because of two reasons: No. 1, the so well of the American economy and year 2001. The manufacturing index American people do not tend to attack the soundness of our Government that started going down in March of 2000. Do us for taxing too high when it is in that they are willing to invest in the na- you know NASDAQ lost half of its band; and, No. 2, it has not been harm- tional debt, just as American citizens value in 2000? President Bush saw that ful to the economy, as we have seen invest in the national debt, because economic situation and, hence, the tax tremendous growth in the economy for they want the return; they want the cut of 2001 to turn the economy around, the last 50 years. certainty of it. and it has worked. But that is only 25 What we are trying to do is keep the The impression was left that we go, percent of the reason for the deficit. level of taxation within that band of 17 hat in hand, to a lot of foreign coun- The other is just the downturn in the to 19 percent. Right now it is a little tries to beg for money. We don’t do economy and what happened on Sep- bit lower. Sometimes it might be a lit- that. It is our policy, through the Sec- tember 11 and a recovery that was de- tle bit higher, but our policy is to keep retary of the Treasury, to say that we layed because of attacks by terrorists it within that band and to keep spend- are offering so much investment, and on America, the second time only since ing within that band. But in times of you can come and make your claim to the War of 1812 that Americans have war, that spending policy has to have it under these conditions. been attacked and it had an impact on some give if you want to win a war. The other misimpression is that the economy. And it was a negative im- Even though the presentation that something different is happening to the pact on the economy that led to 3 years has been made by the other side may Social Security surplus. Why is that of downturn of income coming into the be totally accurate as far as the statis- being said? Because people want to get Federal Government for the first time tics are concerned, I think there is a seniors concerned about what Congress since the 1930s; in other words, less in- bigger picture than just charts and sta- might be doing to ruin their Social Se- come this year than the year before, tistics. There is what America is all curity. I say to the seniors of Amer- than the year before. about and the role of Government in ica—and people on the other side of the That has never happened, even when America and the importance of re- aisle, if they don’t know it—that noth- we had tax cuts in the past. We have to sponding to attacks on America and ing has changed since 1936 as far as the go back to the 1930s. I hope the other winning a war and backing up our way the Social Security surplus is han- side is willing to admit these are very troops. dled. Nothing has changed since 1936. unusual times we are in. I yield the floor. Starting in 1936 and for every year Then, what about the fact that we The ACTING PRESIDENT pro tem- since then except 1981 and 1982, there are in a war? What about the fact that pore. Who yields time? The Senator has always been a positive cashflow we were attacked on September 11? Do from North Dakota. coming in from the payroll tax to what you want to fight the terrorists in the Mr. CONRAD. Mr. President, I always was paid out. We decided in 1936 to in- United States or do you want to fight enjoy listening to the chairman of the vest that surplus in Treasury bonds. them in Iraq and Afghanistan? This Finance Committee, who is my friend, Why? Because it is a good, safe invest- Commander in Chief decided to fight and despite our disagreement today, he ment for seniors, for their retirement. them in Afghanistan and Iraq instead will be my friend at the end of the day, It is the way the Federal Government of in New York City and Washington, just as he was when we began this day. can show to the seniors of America and DC. I say to my friend, this is not a ques- to all of the people of America that we Wars cost money. We only go to war tion of whether we win wars or do not are going to make sure your Social Se- to win. If we are going to go to war to win wars. All of us are committed to curity surplus is safe and that the obli- win and put American men and women winning this war. We must win this gations in the future are met. Except on the battlefield, we are going to give war. But part of winning a war is not for in 1981 and 1982, when there was a them the resources it takes to win. We just leaving the cost of the war out of negative cashflow, that has been done. have been attacked by the other side the budget. That is not credible. We made it up by borrowing to keep because somehow we do not account for The President says it is difficult to the checks going. the cost of a war. On December 8, 1941, say how much the war is going to cost. As far as the Social Security surplus when FDR was addressing the Congress Certainly it is difficult, but the right is concerned, today, yesterday, and to- of the United States after the attack answer is not zero. That is what the morrow—at least until 2018, as best we on Pearl Harbor, if Members of Con- President put in his budget. He says for can project—there will be a positive gress had said at that time, How much the next year there is no cost to the cashflow, and that money is going to is this war going to cost, they would war on terror, there is no cost to the be invested in Treasury notes that are have been laughed at. How come they war in Iraq, there is no cost to the war obligations to keep Social Security are not laughed at now, Mr. President? in Afghanistan. That is not credible. benefits at 100 percent at least through We are going to spend what it takes to That is not a serious budget. That is 2042, until all that surplus is used up. win the war. We are not going to leave not leveling with the American people So for the seniors of America, nothing our men and women hanging without on our true fiscal condition to put out has changed. support. If we had taken that attitude a budget that says there is no war cost I think we also ought to remember toward World War II, Hitler would have past September 30 and present that as that we dealt with dozens of amend- been in New York City. So we ought to an accurate picture to the American ments on the other side of the aisle have some leeway when it comes to people of our fiscal condition. That is when the budget was up. Every one of budgets to win a war and backing our not serious. That is not credible. Peo- those amendments was for spending men and women and not being harassed ple deserve better. more money. They will say, yes, they because of what the war is going to The Senator also indicated nothing wanted to raise taxes; they had tax off- cost, just as we are going to know that has changed with respect to Social Se- sets to spend that money. But they in the month of September we are curity financing. That is not true. In were not interested in raising taxes to going to fire off so many cruise mis- the last 3 years of the Clinton adminis- lower the national debt; they were in- siles. tration, we stopped the raid on Social terested in raising taxes to spend more The last point I will make is, I might Security. We stopped taking Social Se- money. So just the tax cut cannot be be willing to consider an increase in curity funds and using it for other pur- considered a reason for the debt. In taxes, but I have never found anybody poses. fact, if you want to know why we have on the other side of the aisle who has What has changed now is we have a debt, we have a debt of 25 percent be- said to me how high taxes can go to gone right back to the bad old days of cause of tax cuts, 25 percent because of satisfy their desire to spend more taking every dime. And under the increased spending for the war as well money. For 50 years, we have had a pol- President’s plan, he is not just taking

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3404 CONGRESSIONAL RECORD — SENATE March 31, 2004 every dime of Social Security surplus high-speed rail network. He excluded the House conferees to go back and this year to pay for tax cuts, he is savings Senator KERRY has specifically adopt this pay-as-you-go principle. doing it for the whole next decade— proposed, like hundreds of billions of We ought to do that. If the House every dime, something he pledged not dollars in health care savings, closing conferees will not, we should at least to do. corporate loopholes, and eliminating adopt those provisions, this standard, The Senator also said we have had a corporate welfare. They double-count- for the Senate, for the way we conduct policy of only spending 17 to 19 percent ed some of his proposals, for example, business. of GDP and having taxes of that same double-counting energy proposals Sen- There was a great editorial in the amount. I don’t know what he is talk- ator KERRY has made. Washington Post called ‘‘Dodge as You ing about. That is not the fact. The Interestingly enough, he says there is Go.’’ I ask unanimous consent that this fact is, spending as a share of GDP in a trillion-dollar hole in a Kerry budget article be printed for the RECORD. 1928 was 23.5 percent. During this whole Senator KERRY has not even presented. There being no objection, the mate- period of the eighties, it was above 21.5 We know the budget this President has rial was ordered to be printed in the percent. It was only during the Clinton presented in 5 years adds $3 trillion to RECORD, as follows: years that we brought spending down the debt. They are talking about a $1 [From the Washington Post, Mar. 31, 2004] to 18 percent of GDP. Now we are back trillion hole in a nonexistent Kerry DODGE AS YOU GO up to a little over 20 percent of GDP. If budget over 10 years. They ought to be For a vote it derided as meaningless sym- we want to have balanced budgets, we up here explaining the $3 trillion this bolism, the House Republican leadership cer- have to have that amount of revenue. President adds to the national debt in tainly pulled out all the stops yesterday. At Hello. Deficits are a function of spend- just 5 years. issue was a motion that would have put the ing and revenue, not just of spending. If we applied the same rationale to House on record as supporting real ‘‘pay as When we look at the revenue side of the President’s proposals he applied to you go’’ budget rules—that is, rules that would require tax cuts as well as spending the equation, revenue has collapsed. Of Senator KERRY’s proposals, we would increases to be paid for at the time they’re course, we are talking about needing see there is a $4.5 trillion hole in the adopted, with offsetting spending cuts or tax more revenue. We have the lowest rev- President’s plan compared to their al- increases. The Senate narrowly adopted such enue since 1950. We are at 15.8-percent leged $1 trillion difference in Senator a rule in its budget resolution, the House revenue as a share of the gross domes- KERRY’s plan. didn’t, and the matter is about to go to con- tic product, and spending is 20 percent. Is the Senator from Delaware seeking ference. Yesterday’s motion to instruct the That is why we have a deficit. time? conferees would have put the House on Obviously, we need more revenue. I Mr. CARPER. He sure is. record as supporting the Senate rule. Mr. CONRAD. I yield 2 minutes to You wouldn’t think this is such a big deal. would say the first place to look is not After all, the motion wasn’t binding on the a tax increase, but going after the tax the Senator from Delaware. conferees. And the budget rule, even if it sur- gap, the difference between what is The ACTING PRESIDENT pro tem- vives the conference, would apply only to the owed and what is being paid because we pore. The Senator from Delaware. Senate, not the House. As to the merits: In know for 2001, that difference was over Mr. CARPER. I thank the Senator for the 1990s, Republicans seemed to agree that $250 billion. yielding. budget discipline was good for the country. Now we ought to go to those who are I spoke several weeks ago as we were They supported a stricter version of this not paying what they owe, that small taking up the budget resolution. I pay-as-you-go rule, they made sure it applied share of the American people, that quoted a fellow from Great Britain, to the House as well as the Senate, and it did Dennis Healey, who used to be the some good. But Republican leaders are no small share of companies, and say, longer concerned about fiscal integrity. look, you ought to pay what you owe. Chancellor of the Exchequer. Dennis Making certain that tax cuts can be enacted The Senator from New Hampshire Healey used to talk about the theory of and extended without any procedural hurdles said, where is our budget? We offered holes. The theory of holes is pretty has become the central—you might say the amendment after amendment in the simple. It says, when you find yourself only—budgeting principle of the Bush admin- committee and on the floor to alter in a hole, stop digging. istration and its congressional allies. this budget plan. That was our strat- In 1990, we as a country were in a Thus yesterday’s scene of legislating-by- egy, to try to alter the outcome, and pretty big hole with respect to our strong arm. In a familiar episode of rule- budget deficit. Some people in the stretching and bullying, a vote scheduled for we were defeated. five minutes was stretched to nearly half an When the Senator from Iowa says we House and the Senate, the White hour. At one point, 19 Republicans defied did nothing to reduce the deficit in our House, Democrats and Republicans, de- their leadership to support the motion. But amendments, please, that is not true. cided to stop digging. What they de- eight eventually switched their votes, cre- Go back and look. Virtually every cided to do was to adopt a common- ating a 209 to 209 tie. That meant the motion amendment we offered was to reduce sense approach to budgeting, which we failed—and at that point, the vote was hur- the deficit, and that is a fact. I chal- call ‘‘pay as you go.’’ riedly gaveled to a close. ‘‘A meaningless lenge the Senator to come up with a The idea is if Senator COLEMAN, our vote but an important principle,’’ said a Presiding Officer, were to come to the spokesman for House Speaker J. Dennis list of the amendments we offered and Hastert (R–Ill.) explaining the need to make show we did not repeatedly offer Senate and propose new spending, he certain that tax cuts would be exempt from amendments to reduce the deficit. would have to come up with an offset, pay-as-you-go constraints. The Senator from New Hampshire at- either cut spending some place else or Other principles used to carry some weight tacked Senator KERRY, said Senator raise revenue to offset it. Or if Senator in the U.S. House of Representatives: allow- KERRY had a trillion-dollar hole in his CARPER came up with a tax cut, I ing lawmakers to vote their consciences, not budget over 10 years. First, Senator would have to come up with an offset manipulating voting rules to get the desired result, and opposing a reckless amassing of KERRY, as the Senator knows, has not to make sure we did not make the hole budget deficits selfishly left for other gen- presented a budget. They have fab- any deeper. For about 12 years, it was erations. But that was under the leadership ricated a budget in his name. It is not the law of the land. of other speakers, and other presidents. During those 12 years, from 1990 to Senator KERRY’s budget. We all know Mr. CARPER. I will quote one or two 2002, we actually were able to reduce it is not Senator KERRY’s budget. sentences out of the editorial. They have double-counted Senator the deficit and for the first time in 30 Other principles used to carry some weight KERRY’s proposals. They have included years we actually balanced the Federal in the U.S. House of Representatives: allow- things he did not include. So claiming budget for several years in the late ing lawmakers to vote their consciences, not that is Senator KERRY’s budget is a fic- 1990s and the beginning of this decade. manipulating voting rules to get the desired tion. It is a fabrication. Senator KERRY That law lapsed in 2002. We voted in result, and opposing a reckless amassing of has not yet presented his budget pro- the Senate that it should be reinstated. budget deficits selfishly left for other gen- posal. They very nearly voted in the House erations. But that was the leadership of In the analysis the Senator from New yesterday, kept the vote open over an other speakers, and other Presidents. Hampshire provided, he included pro- extended period of time so they could We can do something about it. Our grams Senator KERRY has never pro- twist some arms on the other side in conferees can do something about it. posed, including a multibillion-dollar, order to defeat the effort to instruct My hope is they will stick by our guns

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3405 to try to make sure at least for the dle-class tax cuts, but I am willing to hard time reconciling it. We had 1 year Senate we adopt those rules that pay for them. I am willing to pay for we didn’t pass a budget in the Senate. served us so well for 12 years. extension of the 10-percent rate. I am They did in the House. This year the The ACTING PRESIDENT pro tem- willing to pay for extension of the mar- numbers are pretty close. pore. The Senator from North Dakota. riage penalty relief. I am willing to pay I have a couple of comments. I heard Mr. CONRAD. Mr. President, we had for the child tax credit. I am prepared a statement in the budget debate on another one of our colleagues in the to vote to do precisely that. That is the floor. I would say, my staff has Senate assert support for the PAYGO what we need to do. compiled the amount of spending that provisions means one is opposed to the The other fact is, under PAYGO, if was in the amendments that were de- middle-class tax cuts. I would ask my we get a supermajority, tax relief can bated on the floor. Our Democrat col- colleague from Delaware, does he be- be extended or have new spending of an leagues offered amendments that would lieve support for the budget disciplines emergency nature. There has to be a have 1-year tax increases of $86 billion that requires new spending or new tax supermajority vote. That is what the and 1-year spending increases of $81 bil- cuts to be paid for means he opposes budget discipline is about. It is to lion for 2005. For 5 years, that figure the extension of middle-income tax make it more difficult to enact new would be tax increases of $443 billion, cuts? spending or new tax cuts that are not and 5-year spending increases, $382 bil- Mr. CARPER. If I could respond, the paid for. It can be done, but there has lion. That is assuming no inflation. If answer is absolutely no. to be a supermajority. you take the first year and extrapo- My dad used to say something to my I thank the Chair and yield the floor. late, some said we only spend for 1 sister and me when we were kids grow- The ACTING PRESIDENT pro tem- year, but there are programs which ing up. The Senator’s father and moth- pore. Who yields time? would obviously be spent further. I er probably did the same thing. Sen- Mr. NICKLES. Mr. President, how have a chart that extrapolates and con- ator NICKLES’ mom and dad probably much time remains? tinues those. That is how I came up did the same thing, as well as Senator The ACTING PRESIDENT pro tem- with those figures. I ask unanimous COLEMAN’s. They harp on something pore. The Senator from Oklahoma has consent to have those printed in the over and over again. When my sister or 5 minutes. RECORD. I used to pull some boneheaded stunt, Mr. NICKLES. How much on the my dad would always turn to us and other side? There being no objection, the mate- say, just use some common sense. He The ACTING PRESIDENT pro tem- rial was ordered to be printed in the must have said that to us, because we pore. Three minutes 36 seconds. RECORD, as follows: pulled a lot of boneheaded stunts, day Mr. NICKLES. Mr. President, I com- SENATE BUDGET COMMITTEE TALLIES DEMO- after day, week after week, year after pliment my colleague from North Da- CRAT AMENDMENTS OFFERED DURING BUDG- year. Finally, it worked and internal- kota. I appreciate the cooperation. We ET DEBATE ized. will soon be appointing conferees. That 1-year tax increases: $86 billion: Whenever we approach an issue in is my objective. $20 billion from ‘‘closing loopholes’’ the Senate or when I was Governor of I want to thank Senator GREGG and $57 billion from ‘‘raising taxes on million- Delaware, I would oftentimes say to Senator GRASSLEY for their remarks. aires’’ my cabinet, just use some common A couple of things. It is important we $9 billion in ‘‘other’’ (tobacco, Superfund) sense. pass a budget. We will appoint con- 5-year tax increases: $443 billion: ferees and then we will go to work out Pay as you go is common sense. It is $104 billion from ‘‘closing loopholes’’ flat in-your-face common sense. It the differences between the House and $291 billion from ‘‘raising taxes on million- works in State governments. Frankly, the Senate. We have differences be- aires’’ it worked here for about 12 years and it tween the House and the Senate, but in $47 billion in ‘‘other’’ will work again. It is not the only my 24 years in the Senate we are prob- 1-year spending increases: $81 billion. thing we need to do but, by golly, it is ably closer with the House in the 2 5-year spending increases: $382 billion. a big part of it. budget resolutions—the Senate resolu- Mr. CONRAD. I thank the Senator. tion is probably closer to the House Note.—Totals for Senate Democrat amend- I say in response to our colleague resolution than most times in the past. ments to the 2005 budget resolution, adjusted to exclude duplicative amendments. Five- who suggested those of us who favor In the past, we have had cases where year cost assumes increased discretionary the reenactment of the budget dis- the House resolution was 5 years, our spending in 2005 would continue in future ciplines that worked so well in the resolution was 10, and we never rec- years, but does not include baseline inflation 1990s, I also favor extension of the mid- onciled that difference, or we had a or debt service costs.

Ba/revenue No. and description Sponsor Party Adopt Tax/ M/loop/other spend 2005 2006 2007 2008 2009 5-yr.

TAX INCREASES 2803 Health security ...... Lincoln ...... D N Tax...... Loopholes ...... ¥12.000 ¥12.000 ¥12.000 ¥12.000 ¥12.000 ¥60.000 2774 Indian health ...... Daschle ...... D N Tax...... Looopholes/million ...... ¥3.062 ¥0.344 ¥0.035 0.000 0.000 ¥3.440 2725 Pell Grants ...... Kennedy ...... D N Tax...... Loopholes ...... ¥2.352 ¥7.253 ¥0.196 0.000 0.000 ¥9.801 2790 Higher education reserve fund ...... Reed ...... D N Tax ...... Loopholes ...... ¥1.332 ¥4.560 ¥0.220 ¥0.052 0.000 ¥6.164 2775 Survivor benefit plan ...... Landrieu ...... D Y Tax...... Loopholes ...... ¥0.876 ¥1.054 ¥0.998 ¥1.066 ¥1.520 ¥5.154 2719 NCLB full funding ...... Murray ...... D N Tax...... Loopholes ...... ¥0.516 ¥13.244 ¥2.924 ¥0.516 0.000 ¥17.200 2762 21st Century Community Learning Center ...... Dodd ...... D N Tax ...... Loopholes ...... ¥0.060 ¥1.301 ¥0.541 ¥0.100 0.000 ¥2.002 Subtotal Loopholes ...... ¥20.198 ¥39.756 ¥16.914 ¥13.734 ¥13.520 ¥104.121

2777 Eliminate tax breaks for millionaires ...... Corzine ...... D N Tax ...... Millionaires ...... ¥20,000 ¥31.000 ¥34.000 ¥39.000 ¥36.000 ¥160.000 2786 IDEA full funding ...... Dayton ...... D N Tax...... Millionaires ...... ¥11.485 ¥11.136 ¥11.864 ¥12.629 ¥13.415 ¥60.529 2783 Jobs ...... Boxer ...... D N Tax...... Millionaires ...... ¥8.000 ¥8.000 ¥8.000 0.000 0.000 ¥24.000 2804 Raise taxes for more disc. spending ...... Byrd ...... D N Tax ...... Millionaires ...... ¥5.656 ¥13.365 ¥3.596 ¥1.200 ¥0.429 ¥24.246 2710 Veterans medical care ‘‘reserve fund’’ ...... Daschle ...... D N Tax ...... Millionaires ...... ¥4.860 ¥0.486 ¥0.022 ¥0.005 0.000 ¥5.373 2807 Homeland spending and tax increases ...... Lieberman .... D N Tax ...... Millionaires ...... ¥3.664 ¥4.533 ¥4.089 ¥1.160 ¥0.175 ¥13.621 2774 Indian health ...... Daschle ...... D N Tax...... Loopholes/million ...... ¥3.062 ¥0.344 ¥0.035 0.000 0.000 ¥3.440 Subtotal Millionaires ...... ¥56.727 ¥68.864 ¥61.606 ¥53.994 ¥50.019 ¥291.209

2799 Tobacco tax for health ...... Harkin ...... D N Tax ...... Other ...... ¥7,800 ¥7,800 ¥7,800 ¥7,800 ¥7,800 ¥39.000 2703 Superfund fees ...... Lautenberg ... D N Tax...... Other ...... ¥1.501 ¥1.629 ¥1.696 ¥1.735 ¥1.754 ¥8.315 Subtotal other ...... ¥9.301 ¥9.429 ¥9.496 ¥9.535 ¥9.554 ¥47.315

Total Tax Increase ...... ¥86.225 ¥118.049 ¥88.015 ¥77.263 ¥73.093 ¥442.645

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Ba/revenue No. and description Sponsor Party Adopt Tax/ M/loop/other spend 2005 2006 2007 2008 2009 5-yr.

2807 Homeland spending and tax increases ...... Lieberman .... D N Spend ... Millionaires ...... 6.800 ...... 6.800 2799 Tobacco tax for health ...... Harkin ...... D N Spend... Other ...... 6.000 6.000 6.000 6.000 6.500 30.500 2725 Pell Grants ...... Kennedy ...... D N Spend... Loopholes ...... 4.900 ...... 4.900 2774 Indian health ...... Daschle ...... D N Spend... Looopholes/million ...... 3.440 ...... 3.440 2790 Higher education reserve fund ...... Reed ...... D N Spend ... Loopholes ...... 3.082 ...... 3.082 2775 Survivor benefit plan ...... Landrieu ...... D Y Spend... Loopholes ...... 2.757 ...... 2.757 2710 Veterans medical care ‘‘reserve fund’’ ...... Daschle ...... D N Spend ... Millionaires ...... 2.700 ...... 2.700 2762 21st Century Community Learning Center ...... Dodd ...... D N Spend ... Loopholes ...... 1.000 ...... 1.000 Total Spending Increase (without extrapolation) ...... 80.987 36.485 36.485 28.485 32.089 214.531 TAX INCREASES 2803 Health security ...... Lincoln ...... D N Tax...... Loopholes ...... ¥12.000 ¥12.000 ¥12.000 ¥12.000 ¥12.000 ¥60.000 2774 Indian health ...... Daschle ...... D N Tax...... Loopholes/million ...... ¥3.062 ¥0.344 ¥0.035 0.000 0.000 ¥3.440 2725 Pell Grants ...... Kennedy ...... D N Tax...... Loopholes ...... ¥2.352 ¥7.253 ¥0.196 0.000 0.000 ¥9.801 2790 Higher education reserve fund ...... Reed ...... D N Tax ...... Loopholes ...... ¥1.332 ¥4.560 ¥0.220 ¥0.052 0.000 ¥6.164 2775 Survivor benefit plan ...... Landrieu ...... D Y Tax...... Loopholes ...... ¥0.876 ¥1.054 ¥0.998 ¥1.066 ¥1.520 ¥5.514 2719 NCLB full funding ...... Murray ...... D N Tax...... Loopholes ...... ¥0.516 ¥13.244 ¥2.924 ¥0.516 0.000 ¥17.200 2762 21st Century Community Learning Center ...... Dodd ...... D N Tax ...... Loopholes ...... ¥0.060 ¥1.301 ¥0.541 ¥0.100 0.000 ¥2.002 Subtotal Loopholes ...... ¥20.198 ¥39.756 ¥16.914 ¥13.734 ¥13.520 ¥104.121

2777 Eliminate tax breaks for millionaires ...... Corzine ...... D N Tax ...... Millionaires ...... ¥20.000 ¥31.000 ¥34.000 ¥39.000 ¥36.000 ¥160.000 2786 IDEA full funding ...... Dayton ...... D N Tax...... Millionaires ...... ¥11.485 ¥11.136 ¥11.864 ¥12.629 ¥13.415 ¥60.529 2783 Jobs ...... Boxer ...... D N Tax...... Millionaires ...... ¥8.000 ¥8.000 ¥8.000 0.000 0.000 ¥24.000 2804 Raise taxes for more disc. spending ...... Byrd ...... D N Tax ...... Millionaires ...... ¥5.656 ¥13.365 ¥3.596 ¥1.200 ¥0.429 ¥24.246 2710 Veterans medical care ‘‘reserve fund’’ ...... Daschle ...... D N Tax ...... Millionaires ...... ¥4.860 ¥0.486 ¥0.022 ¥0.005 0.000 ¥5.373 2807 Homeland spending and tax increases ...... Lieberman .... D N Tax ...... Millionaires ...... ¥3.664 ¥4.533 ¥4.089 ¥1.160 ¥0.175 ¥13.621 2774 Indian health ...... Daschle ...... D N Tax...... Loopholes/million ...... ¥3.062 ¥0.344 ¥0.035 0.000 0.000 ¥3.440 Subtotal Millionaires ...... ¥56.727 ¥68.864 ¥61.606 ¥53.994 ¥50.019 ¥291.209

2799 Tobacco tax for health ...... Harkin ...... D N Tax ...... Other ...... ¥7.800 ¥7.800 ¥7.800 ¥7.800 ¥7.800 ¥39.000 2703 Superfund fees ...... Lautenburg .. D N Tax ...... Other ...... ¥1.501 ¥1.629 ¥1.696 ¥1.735 ¥1.754 ¥8.315 Subtotal other ...... ¥9.301 ¥9.429 ¥9.496 ¥9.535 ¥9.554 ¥47.315

Total Tax Increase ...... ¥86.225 ¥118.049 ¥88.015 ¥77.263 ¥73.093 ¥442.645

SPENDING INCREASES 2803 Health security ...... Lincoln ...... D N Spend... Loopholes ...... 12.000 12.000 12.000 12.000 12.000 60.000 2804 Raise taxes for more disc. spending ...... Byrd ...... D N Spend ... Millionaires ...... 11.223 11.223 11.223 11.223 11.223 56.115 2786 IDEA full funding ...... Dayton ...... D N Spend... Millionaires ...... 10.485 10.485 10.485 10.485 13.589 55.529 2719 NCLB full funding ...... Murray ...... D N Spend... Loopholes ...... 8.600 8.600 8.600 8.600 8.600 43.000 2783 Jobs ...... Boxer ...... D N Spend... Millionaires ...... 8.000 8.000 8.000 0.000 0.000 24.000 2807 Homeland spending and tax increases ...... Lieberman .... D N Spend ... Millionaires ...... 6.800 6.800 6.800 6.800 6.800 34.000 2799 Tobacco tax for health ...... Harkin ...... D N Spend... Other ...... 6.000 6.000 6.000 6.000 6.500 30.500 2725 Pell Grants ...... Kennedy ...... D N Spend... Loopholes ...... 4.900 4.900 4.900 4.900 4.900 24.500 2774 Indian health ...... Daschle ...... D N Spend... Loopholes/million ...... 3.440 3.440 3.440 3.440 3.440 17.200 2790 Higher education reserve fund ...... Reed ...... D N Spend ... Loopholes ...... 3.082 3.082 3.082 3.082 3.082 15.410 2775 Survivor benefit plan ...... Landrieu ...... D Y Spend... Loopholes ...... 2.757 0.000 0.000 0.000 0.000 2.757 2710 Veterans medical care ‘‘reserve fund’’ ...... Daschle ...... D N Spend ... Millionaires ...... 2.700 2.700 2.700 2.700 2.700 13.500 2762 21st Century Community Learning Center ...... Dodd ...... D N Spend ... Loopholes ...... 1.000 1.000 1.000 1.000 1.000 5.000 Total Spending Increase (with extrapolation) ...... 80.987 78.230 78.230 70.230 73.834 381.511

Mr. NICKLES. I want my colleagues budget points of order, on most of possible. I think it would be important to know we keep tally and keep meas- which we prevailed, which saved over for us to actually pass a budget that ures of how much some of these amend- $800 billion in new spending. will show we can get the deficit down, ments cost. This is an accurate por- It seems a lot of people who are now in half, in 3 or 4 years. I expect that trayal. We had amendments that would pro pay-go are trying to make sure the will be our result. That is my objec- increase taxes and spending by hun- tax cuts that are presently law are not tive. I hope to do that and I hope we dreds of billions of dollars. Those are extended. I hope that will not be suc- can accomplish that. now entered in the RECORD. cessful. I yield the floor. I also heard some comments on pay- I just make those comments. I think The ACTING PRESIDENT pro tem- go. I might mention for our colleagues, I would much prefer to have the de- pore. The Senator from North Dakota. last week Senator MURRAY had an bate, whether it is on pay-go, the Mr. CONRAD. Mr. President, the amendment. I raised a point of order on amount of money we spend for defense Senator from Oklahoma and the chair- it that most all of our colleagues on or the amount of money we spend on man of the Budget Committee will not the Democrat side said, let’s waive nondefense, or new budget rules—inci- be surprised that I completely disagree pay-go. Let’s spend an extra $18 billion. dentally, these rules apply only to the with his characterization of the amend- We have a tax credit, but basically it Senate—but I think it would be appro- ments offered on our side during the was to spend more money, $18 billion. priate for us to have those in con- budget fight. We did not offer a pack- We didn’t waive it, but most of our ference. age of amendments, so you can’t total colleagues on the Democrat side who For the information of all our col- the spending of each individual pro- profess belief in pay-go voted to waive leagues, the Budget House and Senate posal. We would offer an amendment, pay-go—for a bill, incidentally, that conferees will be meeting at 2:30 this but in each case we would pay for the had never had a hearing before the Fi- afternoon in the Senate budget room amendment. We were not adding to the nance Committee, never been vetted. It on the sixth floor of the Dirksen Build- deficit. is just proposed on the floor. I happen ing. We tried to find a room in the Cap- If you take our proposals in total— to be a supporter of pay-go. itol and were not successful. which you cannot do because they were Incidentally, people act like we have For the information of our col- not offered as a package, they were of- not had pay-go for the last year. That leagues, I think we had a good debate fered individually. We are just going to is false. The budget we passed last year today. I look forward to a constructive, be intellectually honest here. You had pay-go for anything that wasn’t as- positive conference, one in which we can’t cumulate something that was not sumed in the budget resolution, period. will hear all sides and all viewpoints offered as a cumulative amendment. We used pay-go and other points of and consider constructive suggestions We offered an amendment, it would be order, some of which are redundant. for making improvements. It is my defeated, but in each of the amend- You can make a budget point of order hope we can conclude the Budget con- ments we offered, we offered offsets. because a committee exceeds its allo- ference in a very short period of time. I ask unanimous consent to have cation, or you can make a pay-go point The House would like to vote on it that chart printed in the RECORD as of order. I used both. We made 61 or 62 Thursday or Friday. I think that is well.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3407 There being no objection, the material was ordered to be printed in the RECORD, as follows: FLOOR AMENDMENTS TO SENATE GOP FY 2005 BUDGET

(FY 2005–09; $ billions) Vote Amount Offset Net cost

Democratic Amendments: 2703 Lautenberg—Polluter’s Pay/Reinstate Superfund taxes ...... 44–52 ...... 0.000 ¥8.315 ¥8.315 2710 Daschle—Veteran’s medical care (reserve fund) ...... 44–53 ...... 2.687 ¥5.373 ¥2.686 2717 Wyden—Healthy Forests Restoration Act/Function 920 ...... Adopted u.c...... 0.343 ¥0.343 0.000 2719 Murray—No Child Left Behind (reserve fund) ...... 46–52 ...... 8.600 ¥17.200 ¥8.600 2725 Kennedy—Pell Grants/Close tax loopholes (reserve fund) ...... 44–53 ...... 4.900 ¥9.802 ¥4.902 2745 Nelson—Veterans Medicare care reserve fund/Close tax loopholes (reserve fund) ...... 46–51 ...... 1.791 ¥1.791 0.000 2762 Dodd—After School Programs/Close tax loopholes (reserve fund) ...... 42–54 ...... 1.000 ¥2.002 ¥1.002 2774 Daschle—Indian Health Service (reserve fund) ...... 42–54 ...... 3.440 ¥6.880 ¥3.440 2775 Landrieu—Military Survivor Benefit Plan/Close tax loopholes (reserve fund) ...... Adopted v.v...... 2.757 ¥5.514 ¥2.757 2777 Corzine—Tax savings to strengthen Social Security ...... Withdrawn ...... 0.000 ¥160.000 ¥160.000 2780 Clinton—Minority Health/Deficit neutral requirement (reserve fund up to $400 M) ...... Adopted u.c...... 0.000 0.000 0.000 2783 Boxer—Job creation (reserve fund) ...... 41–53 ...... 24.000 ¥24.000 0.000 2786 Dayton—IDEA Part B/Reduce tax breaks for the wealthiest (reserve fund) ...... Rejected v.v...... 39.423 ¥60.529 ¥21.106 2789 Sarbanes—Fully fund FIRE and SAFER Act/Reduce tax breaks for top 1% (reserve fund) ...... 41–55 ...... 1.430 ¥2.860 ¥1.430 2790 Reed—Higher Ed Financial Ed/Close tax loopholes (reserve fund) ...... Rejected v.v...... 3.082 ¥6.164 ¥3.082 2793 Dorgan—Increase funding for COPs, Byrne grants, and local law enforcement grants (reserve fund) ...... 41–55 ...... 1.100 ¥2.200 ¥1.100 2799 Harkin—Increase funding for health programs/Cigarette tax (reserve fund) ...... 32–64 ...... 30.500 ¥39.000 ¥8.500 2803 Lincoln—Expand health care coverage/Close tax loopholes ...... 43–53 ...... 60.000 ¥60.000 0.000 2804 Byrd—Increase discretionary caps/Close tax loopholes & other (reserve fund) ...... 43–53 ...... 24.246 ¥24.246 0.000 2807 Lieberman—Restore cuts in homeland security/Reduce tax breaks for millionaires (reserve fund) ...... 40–57 ...... 6.800 ¥13.621 ¥6.821 2817 Levin—Homeland security grants/SPRO sales (reserve fund) ...... 52–43 ...... 1.545 ¥1.700 ¥0.155 2820 Mikulski—Tuition tax credit/Deficit neutral requirement (reserve fund) ...... Adopted v.v...... 0.000 0.000 0.000 2833 Bingaman—Pediatric vaccine distribution/Deficit neutral requirement (reserve fund) ...... Adopted u.c...... 0.000 0.000 0.000 2848 Byrd—Correct scoring for Project Bioshield (make consistent with 2004 resolution assumptions) ...... Adopted u.c...... 2.528 0.000 2.528 2850 Dorgan—Homestead Act/Function 920 ...... Adopted v.v...... 1.915 ¥1.915 0.000 Subtotal, Democratic Amendments ...... 222.087 ¥453.455 ¥231.368

Republican Amendments: 2697 DeWine—Child Survival & Health Program/Function 920 ...... Adopted v.v...... 0.330 ¥0.330 0.000 2715 DeWine—Reconstruction of Haiti/Function 920 ...... Adopted v.v...... 0.500 ¥0.500 0.000 2731 Graham—TRICARE & GI Bill/Rescind Iraqi reconstruction (2 reserve funds) ...... Adopted v.v...... 6.800 ¥6.800 0.000 2733 Sessions—NASA Space exploration/Function 800 ...... Adopted v.v...... 0.600 ¥0.600 0.000 2741 Specter—NIH—Discretionary health/Function 920 ...... 72–24 ...... 1.300 ¥1.300 0.000 2742 Warner—Restore cuts to Defense/No offset ...... 95–4 ...... 7.638 0.000 7.638 2784 Crapo—Clean Water State Revolving Funds/Function 920 ...... Adopted v.v...... 2.850 ¥2.850 0.000 2794 Thomas—Rural health programs/Function 920 ...... Adopted u.c...... 0.100 ¥0.100 0.000 2821 Coleman—Pell Grants/Function 920 ...... Adopted v.v...... 1.884 ¥1.884 0.000 2822 Murkowski—Indian Health Service/Function 920 ...... Adopted v.v ...... 0.281 ¥0.281 0.000 2823 Inhofe—ESPC Directed Scorekeeping (CBO costs of $1.7 B over 5 years) ...... Adopted v.v...... 1.660 0.000 1.660 2832 Enzi—Workforce Investment Act/Function 920 ...... Adopted u.c...... 0.247 ¥0.247 0.000 2839 Snowe—SBA programs/Function 920 ...... Adopted v.v...... 0.115 ¥0.115 0.000 2843 Hatch—Restore cuts to law enforcement grant programs/Function 800 ...... Adopted v.v...... 0.600 ¥0.600 0.000 2844 Dole—Child Nutrition Programs/Function 920 ...... Adopted u.c...... 0.820 ¥0.820 0.000 2845 Lugar—Restore cuts to International affairs/Function 920 ...... Adopted u.c ...... 1.524 ¥1.524 0.000 2846 Murkowski—Veterans Medical Care/Function 920 ...... Adopted u.c...... 1.194 ¥1.194 0.000 2849 Kyl—Veterans Medical Care (reserve fund) ...... Withdrawn ...... 0.000 0.000 0.000 2852 Collins—Postal Service reform/Deficit neutral requirement (reserve fund) ...... Adopted v.v...... 0.000 0.000 0.000 Subtotal, Republican Amendments ...... 28.443 0.000 0.000

Grand Total, All Amendments ...... 250.530 ¥472.600 ¥222.070 *Outlays (excludes associated interest costs/savings). Amount of each amendment includes estimated costs of any contingent reserve funds (which may or may not be released).

Mr. CONRAD. What it shows is if you time, right before the baby boomers Mr. GRASSLEY, Mr. GREGG, Mr. CONRAD, do cumulate the spending over 5 years, start to retire. That will happen in the Mr. HOLLINGS, and Mr. SARBANES con- it was $222 billion, but the deficit re- fifth year of this 5-year budget plan. ferees on the part of the Senate. duction was $231 billion. That is a fact. Mr. President, how much time re- f On the other side, they increased by mains? $28 billion, and added to the deficit by The ACTING PRESIDENT pro tem- PERSONAL RESPONSIBILITY AND $9.3 billion. So the only folks who had pore. The Senator has 30 seconds. INDIVIDUAL DEVELOPMENT FOR cumulative totals here on the floor Mr. CONRAD. I want to conclude by EVERYONE ACT that added to the deficit were our thanking the chairman. We have had The ACTING PRESIDENT pro tem- friends on the other side of the aisle. differences on budget policy; we have pore. Under the previous order, the That is a fact. had differences in how we should pro- Senate will resume consideration of We have been very careful to insist ceed; but we have done it, I think, in a H.R. 4, which the clerk will report. amendments on our side be paid for and way that should be done in the Senate. The assistant journal clerk read as reduce the deficit. We insisted that not We have done it in a way where there follows: only amendments offered on this side is respect and a serious listening to A bill (H.R. 4) to reauthorize and improve be deficit neutral, but they actually re- both sides in order to achieve a result the program of block grants to the States for duced the deficit in addition to any and a rational process for this body. temporary assistance for needy families, im- change in funding priorities. I yield the floor. prove access to quality child care, and for The Senator once again says the The ACTING PRESIDENT pro tem- other purposes. budget before us will reduce the deficit pore. The Senator from Oklahoma. Pending: in half in 3 years. The problem is, if Mr. NICKLES. Mr. President, I yield Boxer/Kennedy amendment No. 2945, to you look at increases to the debt in back the remainder of our time. amend the Fair Labor Standards Act of 1938 each of those years, you don’t see a re- The ACTING PRESIDENT pro tem- to provide for an increase in the Federal duction. The debt continues to be in- pore. All time has expired. minimum wage. creased between $500 and $600 billion a Under the previous order, the Senate The ACTING PRESIDENT pro tem- year in every year of this budget pro- disagrees to the House amendment to pore. The Senator from Oklahoma. posal—$3 trillion. On the Senate budg- S. Con. Res. 95, agrees to the request Mr. NICKLES. Mr. President, I again et, in fairness, $2.9 trillion added to the for a conference with the House, and thank my colleague from North Da- debt in just the next 5 years. the Chair is authorized to appoint con- kota for his cooperation and I look for- The President’s plan adds $3 trillion ferees on the part of the Senate with a ward to the conference. to the national debt in just the next 5 ratio of 4 to 3. I see my good friend from Massachu- years. That is a mistake. That is a mis- The Acting President pro tempore setts is here. I know he offered an take because it is coming at a critical appointed Mr. NICKLES, Mr. DOMENICI, amendment on minimum wage. I know

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3408 CONGRESSIONAL RECORD — SENATE March 31, 2004 he would be disappointed if I didn’t re- if we pass this amendment, we are say- might be small mom-and-pop stores, spond to his proposal. While he is here, ing if you don’t make $7, we would and Wal-Mart came in down the street. I want to make a couple of comments rather you be unemployed. It is against Maybe they are not making any money about the amendment which I believe the Federal law. Even though it is to today. They might be struggling. is pending before the Senate. It may your mutual benefit and the benefit of Maybe it is a little hardware store in a have been set aside, but I believe it is whoever is hiring you to make $6.50 an town with a population of 12,000 and pending, Senator KENNEDY’s amend- hour, we are going to say no because of they have been there for 30 years. They ment, which increased the minimum Senator KENNEDY’s amendment. If you have part-time help. They may pay wage from $5.15 to $7 an hour. Is that do not make $7 an hour, you are unem- somebody $5.15 or $6 an hour to work the pending amendment? ployed. there. All of a sudden, a big Wal-Mart The ACTING PRESIDENT pro tem- I find that to be a bad economic argu- comes in. They are losing money and pore. The Senator is correct. ment. I am afraid it would hurt a lot of business. They are just trying to hang Mr. NICKLES. Mr. President, I have people. I am afraid a lot of lower in- on. great respect for my colleague from come people might not start climbing Then Congress passes a bill which Massachusetts. If the State of Massa- the ladder. says the minimum wage is going to go chusetts wants to increase the min- My wife and I worked for minimum up by 36 percent. Now you will have to imum wage to $7, or $8, let them do it. wage. We worked for a janitor service increase that from $5.15 to $7 an hour. What may work in Boston probably in Stillwater, OK for minimum wage. We are not making any money now. does not work in my hometown of We did that for a couple of months. I We are losing money and can’t com- Ponca City, OK, or maybe in Sallisaw, asked for a raise. We got a very small pete. We are just hanging on. They re- OK. raise. As a matter of fact, we quit and alize they can’t lose money forever. I I used to work for minimum wage. I started our own janitor service. We am afraid they will have to close the made minimum wage when it was $1.60 learned enough to start our own jan- doors. an hour in 1968. My wife and I made itor service. How many rural communities have that. My point being not to lift this eco- you seen where in downtowns they are That was our first job when we mar- nomic ladder so high that some people really struggling? I wonder what this ried. And by having a job, we could can’t get on. By saying if you make amendment will do to those towns. start climbing the ladder. less than $7 an hour, if the job can’t Some of those towns are trying to hang I am afraid Senator KENNEDY’s pay $7 an hour, we don’t want you to on. Some of those towns are trying to amendment which says let us increase have that job, maybe as a result of that the minimum wage from $5.15 to $7 an revive. we don’t have people pumping gas. Al- Again, maybe some Members in this hour is going to hurt some of the peo- most everything is self- serve. We don’t body think it is a living wage, or it is ple he professes to help. I heard his getting people out of poverty. That is comment yesterday that this is going have too many people sacking gro- good. But it may be putting some peo- to lift a lot of people out of poverty, or ceries today. There are a lot of jobs help them. If that is the case, let us maybe that have been priced out of the ple in poverty. It may be denying the not stop at $7. Let’s make it $10 or $20. marketplace. I don’t know if that is opportunity for a young student who If you can lift people out of poverty by good. might be working part time to help pay I would rather have somebody get a mandating a higher wage, why in the for vo-tech, or maybe work part time world would we stop at $7 an hour? I job even if it doesn’t pay very much be- so they can get through college, or to frankly want people to make more cause they start climbing the economic become a secretary, or you name it. than $7 an hour. Why in the world ladder. I would hate to pull that ladder We are just arbitrarily going to say would we set this level? If you are ac- up so high that maybe it would deny no. If you can’t make $7 an hour, we tually going to be eliminating poverty them the opportunity to start climb- have decided it is against the law for or lifting people out of poverty, let us ing, to start improving, to learn work you to have a job. That is what this increase it dramatically more. Let us habits. amendment would do. make it $20 an hour. One of the good things about a job— If you ask the question in a poll if I do not know if a second-degree and many people like myself and oth- you support an increase in the min- amendment is in order. Maybe we ers started when they were very imum, a lot of people used to say yes. should have an amendment to make it young—is if they did not learn any- If you ask the question whether it $10 an hour. I would like for everybody thing else they learned to be on time. should be against the law for anybody in America to make at least $10 an You have to report to work. You have to work for less than $7 an hour, even hour. My daughter who works close to work habits. You have certain things though they might all agree it is not to minimum wage and is a college student to do that are expected. One of the their advantage to work for less than would love to have $10 an hour. But I things you learn many times is it is that, they would say no, it should not am not sure she would have a job. not enough money. They learned they be against the law. That is what this Maybe in Boston they could pay a can’t get by. My daughter has already says. But this amendment says it is student $10 an hour working part time learned that working part time in a against the Federal law. in a clothing store on weekends. Maybe clothing store won’t cut it. It is not Again, if the State of Massachusetts they could pay that much, and maybe enough. She demands more. So she wants to do it, and its economy is they can’t. But I know one thing: In knows she has to improve her skills good, and maybe wage patterns and liv- some rural areas they cannot. That and have a higher education so she can ing costs are so high, that might be ap- student who may be working not in demand more in the workplace. But propriate. But many States have min- Boston, maybe not going to an Ivy having that job is good. imum wage laws. There is a lot of dif- League school, but maybe going to a If we start telling everybody all ference between them. There is a lot of vo-tech school in rural South Dakota across America no, if the job doesn’t variance, as well there should be. where they can’t pay $7 an hour, would pay at least 36 percent more than the But to come in and say we want to be out of luck. Maybe it is a minority present minimum wage, at least $7 an increase the federal minimum wage to student in New York City, or maybe in hour, sorry, I am afraid there will be a $7—that may take away the chance for southern California who can’t get a job lot of jobs lost, I don’t know how many some people to start climbing that eco- at $7 an hour. Maybe that job is flip- hundreds of thousands of jobs this nomic ladder. ping hamburgers. People always make amendment would cost, but it will cost It is far more important to give peo- fun of working at one of those fast-food many. ple opportunity to work than almost places, how terrible that is. It is a job. I don’t think we should try to legis- anything we do. The work habits and Maybe McDonalds can afford to pay for late economics. As a matter of fact, I skills they obtain from their first job it, but a lot of places can’t. Maybe it is know a lot of businesses—I suspect are very important. The first job for pumping gas or sacking groceries. there are a bunch in Montana and some people is a minimum wage job. I They may have a job now, let us say, other places—particularly rural areas, would hate to price people out of the making $5.15, or maybe $5.50, or $6. But that are struggling to survive. They marketplace in so many cases. Clearly,

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3409 I think this would do it. Clearly, it ator can stand and talk as long as he or controversy with it, without debating would do it in some parts of the coun- she wants, as long as he or she is phys- it. If we cannot debate it, it is fairly try. ically able. That is a rule of the Sen- difficult—it is kind of hard—to know One other comment: It was alluded ate. It means that if a Senator has what the right result should be. to. We haven’t raised this in several something to say, that Senator cannot My guess is—and, frankly, I believe years. So now is the time. Why won’t be denied the right to say whatever he strongly—if we have a full and open de- these Republicans let us do this? or she wants to say, unless or until bate on the underlying bill, the TANF The Democrats ran the Senate from that Senator, for physical reasons, has bill, as well as on amendments that June 2001 throughout 2002. They could to stop talking. Senators want to legitimately offer, have offered minimum wage. I heard it I think the record for standing and even if some of them may not be strict- hasn’t been increased since 1997. It has addressing the Senate is held by the ly germane, we are going to end up been 7 years and we want to increase it late Senator from South Carolina, with a much better result, and we are now. They ran the Senate most of 2001 Strom Thurmond. My recollection is it going to be serving our country much and all of 2002, 4 and 5 years after the was 25 hours and some minutes. He had better than we would if we just do not last increase. How many votes did we something to say, and, my gosh, he have debate on amendments or if the have in 2001 and 2002 when TOM said it. That is a distinct right in the amendments are precluded from being DASCHLE was the majority leader? Sen- U.S. Senate. brought up. ator KENNEDY was chairman of the I do not know of any other body in I strongly urge Senators, therefore, Labor Committee. How many votes did the world where legislators are ac- to think about what we are doing. It is we have? corded that right, certainly not in the not only the narrow subject of whether We did not have any votes. They con- other body. As you know, in the other there should be a vote on the minimum trolled the floor. They could have of- body, the standard rule is 5 minutes; wage or whether we are going to allow fered an amendment. They could have that is, when any amendment or bill is Senator KENNEDY to have a vote on his had a bill reported out of committee up, even assuming under their rules a amendment. It is a broader question: and sent it to the Senate floor, and we House Member has the opportunity to What are we all about as an institu- could have debated it. I would have de- seek recognition, the basic rule is 5 tion? What are we about as the U.S. bated it. But we did not have it. We did minutes. In the Senate it is as long as Senate? Why do we seek these offices not have one during that timeframe. you can possibly speak. in the first place? Why are we here? So, I will mention, this is kind of in- What is another unique right of the I think I can speak for every Senator, teresting: they had plenty of chances U.S. Senate? One other right is the saying that he or she ran for the Sen- to debate this when they were in the right to offer any amendment on any ate because we want to help make this majority. They had the majority lead- bill at any time without notice. a better place; that is, we want to help er. They had control of the Senate. Now, when you stop and think about our States and help America. We pro- They could have offered the bill at any that, on one level that sounds a little foundly believe in the democratic proc- time during that period of time. strange. That tends to make things a ess. We sought election to the U.S. So I mention those issues. I do not little disorderly, doesn’t it? Yes, it Senate because we knew, either di- want us to make a mistake. I do not does make things sometimes a little rectly or intuitively, it is a special want us to pass a bill that will prob- disorderly, but, nevertheless, that place where one does have the ability ably cost hundreds of thousands of peo- unique right to offer an amendment to have a voice in reaching a result, ple jobs, and particularly hundreds of protects the minority interest; it pro- and, clearly, a result that we think is thousands of people who are at the low tects an interest of a Senator who is better than the status quo. So I remind end of the economic scale. Let’s give representing some part of the country all my colleagues that the nature of them a chance to climb that economic to be able to present his or her point of this Senate is somewhat at stake. It is ladder. We do not do that by passing view, and to bring it up and have Sen- in question. laws that say it is against the law for ators act on it, to debate it, vote on it, My next point is a bit difficult, per- them to work for less than $7 an hour. and take action. It is very unique. It is haps, but there are some Senators who I would urge our colleagues, if and very important. Those are two ex- have not been here very many years, when we vote on the Kennedy amend- tremely important qualities that dis- and who only know the Senate as they ment, to vote no on the Kennedy tinguish the U.S. Senate from any have seen it and have experienced it. I amendment. other legislative body in the world. have been here a few years. I am in my I yield the floor. In a sense, it is that unique quality fifth term. I have seen the Senate oper- The ACTING PRESIDENT pro tem- that is at the heart of this debate; that ate in lots of different ways. pore. The Senator from Montana. is, whether the Senate should vote on I saw the Senate operate, a few years Mr. BAUCUS. Mr. President, the an amendment offered by the Senators ago, where we had votes. We voted on great British Prime Minister William from California and Massachusetts to subjects. We voted on amendments. I Gladstone called the U.S. Senate ‘‘the raise the minimum wage. Senators might say, the last time, in a real le- most remarkable of all the inventions have that right. They have the right to gitimate sense, we took up this under- of modern politics.’’ If you stop and offer amendments. They have the right lying legislation, the TANF bill, I think about that a little bit, in the po- to stand up and be recognized and think we were on it for 12 or 13 days, litical process there is probably no speak on their amendments. Senators and there were 43 votes. greater truth. who are opposed to the amendment Senators offered amendments, Sen- The Senate is a remarkable institu- have a right to stand up and oppose the ators debated amendments, and Sen- tion. It is unique. There is no other amendment. ators voted on amendments according body, no other political body, no other I believe that one of the best at- to what each thought was correct. democratic legislature in the world tributes—and I hope I am not And guess what happened. Most peo- quite like the U.S. Senate. We have our ‘‘misattributing,’’ if that is a correct ple hailed the 1996 bill as being a great unique rules and our unique proce- word, the source of this to John step forward in welfare reform. Every- dures, which I think make it special, Locke—is the ‘‘marketplace of ideas’’— one talks about the great strides and and which have stood the test of time that is, the more people debate and, in advances this country took as a con- and made this body the institution it good faith, talk about a subject, the sequence of that bill that passed, in is. I think it has added significantly to more the sunshine is on that subject, 1996, the Welfare Reform Act. We have our country’s well-being and has helped the more likely it is the best result had a 50-percent reduction in caseloads make the United States the best coun- will be achieved; the more likely it is all across the country; and in some try in the world. we will find the truth; we will find the States more than that, up to a 70 per- What are some of those distinctions? right result. cent reduction in welfare caseloads. What are some of those qualities? One, It is pretty hard to find the right re- We did get rid of welfare as we knew clearly, is the right to debate. Once the sult to a controversial issue. Certainly it. Both President Clinton and Presi- Chair recognizes a Senator, that Sen- raising the minimum wage has some dent Bush said we needed to get rid of

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3410 CONGRESSIONAL RECORD — SENATE March 31, 2004 the former welfare system as we knew that the Senate request a conference by an appropriate amount. The House it. I forget exactly what the quotes with the House and the Chair and be has levels that are so low, according to were, but it happened. And I suggest it authorized to appoint conferees on the CBO, childcare is underfunded by about happened in part because we so solidly part of the Senate. $4.5 to $5 billion. We would have to and so comprehensively debated wel- I welcome the prospect of having work out that one, which would not be fare and welfare reform. We had 43 sep- side-by-side votes on the Republican easy, particularly where the White arate rollcall votes on that bill when minimum wage amendment and the House has issued a so-called statement we first passed it. Boxer-Kennedy minimum wage amend- of administrative practice which says Contrast that with where we are ment. We have done that in the Senate. not one thin dime for childcare. That today. We have had one vote. A cloture That is a fair way to proceed. We want would make it even more difficult for motion was filed yesterday. The point to get to amendments and we want to Senate conferees to work out a reason- of that cloture motion clearly is to pre- have votes. able childcare amount, if we were to go vent a vote on the amendment offered But the other three parts of the pro- to conference. by the Senator from Massachusetts—to posed unanimous consent request raise The House would not allow TANF re- prevent a vote. I do not see why we real problems. First, limiting amend- cipients to continue education; that is, should prevent votes. ments to only germane amendments is education they need to get and keep a The amendment raises the minimum a very tight constraint. Senators often good job beyond 1 year. That restric- wage. Clearly that is related. I can’t seek to offer amendments to a bill that tive provision is in the House bill. think of anything that is more related are very relevant to the bill at hand Moreover, the House would provide to the underlying bill. We are talking but do not meet the strict standard of what is called a superwaiver which about getting people off welfare into germaneness. Under previous majority would give the States extremely un- work. Clearly, it is much easier to leaders, the Senate often chose to limit precedented broad authority to com- work if the wage that a person is paid amendments to relevant amendments bine food stamps, Medicaid, childcare, is a wage that can allow a person to but did not go further in limiting and other programs, and use that stay off of welfare. amendments to germane amendments. money however they see fit, under- I have met people personally who Limiting amendments to the more nar- mining the minimal safety net and have told me they want to get off of row standard of germaneness is unduly low-income standards that low-income welfare, but they can’t because the restrictive. families have to rely on in their time minimum wage—this was several years The proposed request sought to set a of need. ago—was so low. One single mother definite time to vote on passage of the It would also mandate full family told me she couldn’t because she real- bill. Setting a time for certain passage sanctions, not just partial family. That ized childcare was taking up almost all of a bill makes cloture pale by com- means cutting families off of assist- of her income. It wouldn’t work. So she parison. At least under cloture you get ance if they do not comply with the had to go back on welfare, and it both- a right to vote on the amendments rules, risking real harm to children in ered her so much. that are germane. But under this pro- the absence of any fault of their own. Clearly, this amendment is related. posed agreement, a Senator could Finally, the House bill does not pro- Clearly, Senators have the intelligence delay, could stand up and talk. He vide for legal immigrants. to debate the amendment. Clearly, could use all the kinds of dilatory, de- The House-passed TANF bill raises Senators have the intelligence to know laying tactics one could use. That serious concerns. Going to conference if they favor or do not favor it. Clearly, would prevent votes on amendments on such a measure would not be a sim- it is directly related. Even more clear- and more strict than cloture where you ple thing. It is the position of the ly, if we respect the nature of the Sen- are entitled to a vote. Democratic leader that we would have ate, Senators should have a right to It is even more strict than reconcili- to have a number of assurances before vote on it. ation. In reconciliation, Senators can Democrats would agree to going to I urge all my colleagues to vote no on always offer amendments. Often there conference on a matter that raised the cloture motion when we vote on is not time to debate them, but they such serious concerns. That is ex- cloture tomorrow because a ‘‘yes’’ vote can still offer them. We then have a tremely important. That is because a would deprive Senators of the right to vote-a-thon. It is not the most illu- conference report is not subject to vote on a very significant amendment minating practice, I grant you, but amendment. Let’s not forget, we are in to this bill and deprive Senators the nevertheless, Senators have the right a unique situation where the same po- opportunity of debating and trying to to vote. litical party controls not only the find the best solution to a complex Under this proposed consent request, White House but both bodies of Con- question; that is, what are the best Senators would not even get a right to gress. Where the majority runs the changes we think should pass in wel- vote on amendments that may have conference process without substantial fare reform. been brought up or to even bring up input from the minority, the con- If that is not bad enough—that is, a amendments. ference process can substantially limit cloture motion which is successful pre- Finally, the proposed consent agree- the rights of Senators in the minority. vents us from voting on the Kennedy ment would seek to have the Senate go Thus, the unanimous consent agree- amendment—there was a proposal by to conference on the bill. This raises ment proposed by the majority yester- the majority yesterday. Yesterday, on probably the most problematic concern day undercuts the basic rights of Sen- behalf of the majority, the Senator of all. If we went to conference and if ators. It would severely limit Senators’ from Pennsylvania propounded a unan- the consent agreement were adopted, rights to offer even relevant amend- imous consent request on this bill. I which would require the appointment ments. It would seriously limit Sen- will take a moment to explain the con- of conferees and seeking a conference ators’ rights to debate; that is, cutting sequences of that proposal and how with the House, we would have to ask off debate abruptly at a certain time that proposed unanimous consent re- ourselves, what is in the House-passed no matter how many amendments we quest would further undermine the fun- bill. had by then considered. damental rights of Senators to debate Let me point out some of the provi- We on this side of the aisle do not and to amend. sions in the House-passed welfare re- wish to delay this bill. There is no way The proposed request had four parts: form bill. First, the House bill would we want to delay it. We want votes. We First, at a time determined by the ma- impose unrealistically high work re- will agree to time limits. Let’s get this jority leader, the Senate conduct back- quirements on TANF recipients, much bill up and amendments up and let the to-back votes on the Republican min- higher than under either the Senate Senate work its will. We are willing to imum wage amendment and the Boxer bill or current law. Next, the House bill do that. We are willing to work to get amendment; that the bill then be lim- would provide minimum resources for a finite list of amendments. We are ited to germane amendments; that at childcare funding. We all know that willing to enter into time agreements 9:30 a.m. on Thursday, the Senate pro- the Senate passed an amendment on amendments. We are not asking for ceed to vote on passage of the bill; and which would increase childcare funding anything out of the ordinary.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3411 During the 13-day period over which other two pieces of legislation. It signed by 41 Democrats—telling us the the Senate considered the 1995 welfare seems to me the issue isn’t a whole lot things they wanted in this legislation reform bill, September 7 to September different now than it was 2 years ago. that the Finance Committee was going 19, 1995, the Senate conducted 43 roll- The only difference is the Republicans to be working on at that particular call votes on amendments. So far this were in the minority, then and the time. They were setting out priorities year we have conducted just one. So we Democrats were in the majority. At they believed we had not adequately are not asking for anything new. We that particular time, we saw an Energy dealt with. In this letter, there was ask merely that Senators be able to de- bill taken away from the Energy Com- never any mention of minimum wage bate, to amend. We ask merely that mittee and brought to the floor. That being an important part of welfare re- Senators be able to do that which bill never became law. We saw a pre- form legislation. makes the Senate ‘‘the remarkable in- scription drug bill taken over by the I did take what they said in this let- vention’’ about which Gladstone spoke. leadership on the floor of the Senate, ter very seriously, and they dealt with I urge my colleagues to uphold the with the committee effectively cut out. issues such as universal engagement, rights of Senators. I urge Senators to There were 2 weeks of debate on an En- ending the caseload reduction credit, allow a vote on lifting the minimum ergy bill but nothing happened. There strengthening child support, extending wage, and I urge Senators to oppose was not a budget adopted that year. TMA, providing additional State flexi- cloture. We Republicans referred to the lead- bility, issues dealing with postsec- The PRESIDING OFFICER (Ms. MUR- ership at that time as having a grave- ondary education, no superwaiver, no KOWSKI). The Senator from Iowa is rec- yard in the Senate because they want- increase in work without State flexi- ognized. ed issues for that election as opposed bility. Of all of those provisions they Mr. GRASSLEY. Madam President, to products. We Republicans said to the raised concern about, none dealt with we are hopefully at a position today electorate at that time that we want minimum wage. I and the majority where there is going to be some deci- products, not issues. So when we took tried to accommodate the minority sion made by leadership—meaning the over in the majority in 2003, the com- members who signed this letter and put Democrat leader and Republican lead- mittee system was allowed to work, de- these things in this legislation. These er—on proceeding on this legislation. veloping bipartisanship. Nothing gets provisions are all in this bill. In the meantime, we will proceed with done in the Senate without bipartisan- Other priorities, as stated by the amendments and hopefully move along ship. We could bring the issues to the Democrats, included some additional as best we can without having a cer- floor and work the will of the Senate funding for childcare, and we passed tain finality. and get things through the Senate. that overwhelmingly yesterday. It I had a chance to listen to my col- That is what we are elected to do—get wasn’t something I could get done in leagues’ statements. I will make this things through the Senate and let the committee. I, obviously, agreed with commentary. We have already said to process work. that approach because I voted for it the minority, the Democratic leader- So there is nothing that my col- yesterday. ship, that we are prepared to vote on league from Montana said that I dis- We also had a request from the amendments that are before the Sen- agree with, except we ought to see Democrats in this letter to increase vo- ate. So the issue is not voting on light at the end of the tunnel. Is there cational education eligibility for legal amendments before the Senate. There anything wrong with saying: Are you immigrants. We have not dealt with is some feeling that we are going to get guys—meaning the Democrats—going that, but that is going to be an amend- this bill to finality. That doesn’t mean to do what you did on the Workforce ment before the Senate. not voting on a lot of amendments. Investment Act and the CARE Act and What we have tried to do in this That can be worked in as well. All we let the Senate become a graveyard whole process of Republicans gaining want is some certainty that we are again just because something is hap- control of the Senate and letting the going to get to finality. Finality means pening that you don’t like? committee system work, as opposed to getting to conference. It seems to me there would be a les- 2002 when very major legislation, such We have a couple pieces of legislation son learned from the last election. as prescription drugs and the Energy that have been sitting around this When the Senate became a graveyard, bill, was taken away from the commit- body, after the body has finished work the people of this country sent a mes- tees and brought to the floor—we do on them, not being able to go to con- sage that they don’t want the Senate not develop bipartisanship on the floor, ference. One is the CARE Act, an acro- to be a graveyard. They gave the ma- and they never became law—we have nym for legislation that encourages jority to the Republicans. We show tried to make the committee system charitable giving. Another one is the that we can produce. Yet look what we work. When specific requests are made, Workforce Investment Act. These are are running into—the CARE Act, after such as 41 Democrats sending us a let- two pieces of legislation that have been a year of not going to conference. I ter raising concerns about their issues, before the Senate, and the minority, don’t know how long the Workforce In- we try to put them in the legislation the Democrats, will not let us go to vestment Act has been waiting to go to and accommodate them so that we conference on these pieces of legisla- conference. We were stalled last week have a product instead of an issue. tion. on a bill the Democrats agreed ought The other side ought to tell us if we So, in a sense, the Senate has worked to become law, the FSC/ETI bill. That are going down the same road we went its will, but the legislative process has stalled. down in 2002 to have the Senate become been shut down. It seems to me if this I would not say the Welfare Act is a graveyard for important legislation legislation includes so much of what stalled. But what do we know is down because they need issues instead of the Democrats want to accomplish in the road? What is wrong with a little product. Did they learn a lesson from the way of reform of welfare—particu- bit of transparency. The transparency the last election? Do they want to lose larly the vote we had yesterday, very is that they present an amendment on more seats in the Senate? I don’t think dramatically increasing by $6 billion minimum wage and they want a vote. they do. But I think they have to get a the amount to be spent on childcare— So we present a plan to get to a vote on better game plan than shutting down that they would want this legislation that very important issue, but we can- the Senate because we are in the ma- to become law. So we need some assur- not get some assurance that we may jority to make this place work. ance from the other side that if we not be in the same boat as with the I know there are a lot of Democrats agree to voting on some amendments CARE Act and the Workforce Invest- who are intent upon making this place that they want to vote on—that is no ment Act. work, and I know Senator BAUCUS, my longer an issue—we want to move When it comes to the minimum wage ranking Democrat, is committed to ahead with germane amendments. being important for welfare, I suggest making this place work. There should There is not an argument about the to the other leaders that, as chairman not be any reason we have to have a number at this point. We can get to a of the committee, in a letter I received cloture vote, particularly when we vote on this, but most important is not from them last year, which is not made overtures to the other side to have it stalled in the Senate as those dated—I received this letter, and it was vote on a lot of important issues on

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3412 CONGRESSIONAL RECORD — SENATE March 31, 2004 which they want to vote. All we want Korinsky learned and tried to show the the TANF will pay a minimum wage. to know is that we are going to get an people of Russia in 1917, when the ex- That is exactly what we are trying to opportunity to develop a product. This tremes take over, democratic values do. How is it possible that the floor Senate is not the only body that passes are lost. manager can say this is not relevant legislation that goes to the President; Mr. GRASSLEY. I yield the floor. when the Secretary of HHS specifically it also takes the House of Representa- The PRESIDING OFFICER. The Sen- refers to a minimum wage? How can tives. We do not get to finality until ator from Massachusetts. they possibly take that position? How there is a conference committee if Mr. KENNEDY. Madam President, as can they say we are trying to delay it there is a difference between the House the cosponsor of this amendment with when we are prepared to go ahead with and the Senate, and in most major my friend and colleague, Senator a short time limit? pieces of legislation, we have to have a BOXER, I do want to clarify for the record where we are and the view those The American people must be greatly conference committee. confused. Here it is, the Secretary of I do not understand why we can’t get who are sponsoring the amendment have with regard to proceeding on the HHS, the President’s representative on to conference on the CARE Act, a bill this issue, saying this administration to encourage charitable giving by peo- TANF reauthorization legislation, which is before us. recognizes the only way to escape pov- ple who fill out the short form of the Because we have had characteriza- erty is through work and that is why income tax by giving above-the-line de- tions made about our amendment, I we have made work and jobs that will duction, or having the tax-free rollover wish to clarify for the benefit of the pay at least the minimum wage the IRAs for people who want to give some Senate and, more importantly, for the centerpiece of the reauthorization proof their lifetime savings to charitable American people exactly what the cur- posal for the Temporary Assistance for giving. There are a lot of other good rent situation is before the Senate. Needy Families program. That is the provisions in that legislation as well. Before the Senate, we have what we statement he had at that time on Do you know what is wrong with call the TANF legislation, to move March 6, 2002. that, Madam President? What is prob- people off welfare into employment. As As the report goes on, the other ref- ably wrong with that legislation is it is has been mentioned on a number of oc- erences I have talked about, ‘‘reasons one of the No. 1 goals of the President casions—I have a copy of the report— for change,’’ to move welfare recipients of the United States, and maybe the the point is made by the Republican into good jobs, good jobs obviously sug- other side can’t let him have a victory. floor manager that this amendment to gest they are going to be halfway de- Yet in the scheme of what the Presi- increase the minimum wage is not percent. dent of the United States has to do, it tinent to this legislation and, there- The committee refers to the reasons may be a No. 1 goal of his, but it is a fore, because of the fact we are offering for the change, that the committee very small part of the total agenda it, we are delaying the whole process wants to build by increasing work and that this President has of leading this even though we indicated to the floor reducing the welfare and talking about Nation and being the Chief Executive manager we were eager to enter into a good jobs. That is the reference all the Officer for our Government. very short time agreement, a 20-minute way through. That is what the Sec- What is wrong with the Workforce time agreement, time to be evenly di- retary has said. We have indicated we Investment Act? One would think that vided, a time certain, and then move are prepared to move ahead and move with the other side crying all the time on to another amendment. about outsourcing—forgetting about We want to make very clear, speak- ahead immediately, but we are denied insourcing; we have a $58 billion favoring for the supporters of the amend- the opportunity to do so. And that is able balance of trade on insourcing ment, we are interested in coming to a with regard to procedure. versus outsourcing—but we all ought resolution. The answer on the other I listened earlier to my friend and to be concerned about outsourcing. side is, well, since this is not relevant colleague from Oklahoma saying we What does Senator KERRY, as a Demo- to the subject at hand, we are not really do not need a minimum wage; we cratic candidate for President, say we going to let a vote occur. That is a ought to let the market decide and need to do about outsourcing? Educate rather unusual process and procedure. make these judgments and decisions. our workforce. And we have opportuni- As to amendments on legislation, un- Well, we have heard that. I have heard ties to move legislation that does that, like appropriations, the Senate rules that since I arrived in the Senate, not and we cannot get to conference. What permit a vote on legislation, but the only every time we have the chance to is the game? majority does not choose to do so. debate the minimum wage. Then he We have offered to the other side Therefore, they refuse to let us get a talks about the challenges we are fac- votes on important legislation they vote on this and then criticize us for ing in rural areas are not the same want. Can they let us see light at the delaying the process even though we challenges as they face in urban areas, end of the tunnel so we know there are are prepared to vote this afternoon. It which we have understood. That is why not games being played? I would hope is 12:30 now; we can vote at 1, or what- we have an exclusion for agricultural there are people on the other side of ever time the floor manager would per- workers. We have a different kind of a the body who want this place to work, mit us to do so. financial situation for mom-and-pop and there are. I would hope people who I mention once again how ridiculous stores rather than the large stores in want product instead of issues will rise I think the argument is from the other many urban areas. That is why we have to the top, as cream does, and as cream side that this is not a relevant amend- a cap and say if you have approxi- ment. If one looks at the legislation of the crop remind their leadership of mately $600,000 or less gross earnings, itself dealing with TANF and looks what happened in the last election, and you do not have to observe the min- through the report, as I have said pre- do they want to be a less significant imum wage provisions. We responded viously, they can look under minority than we presently are because to these rifleshot ideas that have been ‘‘strengthens work,’’ that is what this I think what is good about the Senate constantly brought up during the de- legislation is supposedly all about. If is that it keeps the extremes from gov- bates on the minimum wage. we take the statement of the Secretary erning in America—the extreme on the I would like to go back to the general of HHS, Tommy Thompson—listen to left and the extreme on the right. kinds of themes that were brought out. this—regarding the TANF reauthoriza- The Senate, when it cooperates and As we understand, this is a minimum tion requirements: gets things done, governs from the cen- wage, not a maximum wage. We are ter. Whether that is 60 votes or 70 votes This administration recognizes that the talking about a minimum wage to only way to escape poverty is through work, or 80 votes, we govern from the center. and that is why we have made work and jobs meet minimum kinds of standards in This is a body that is going to make that will pay at least the minimum wage the this country. Hopefully we have gone sure that Nazis do not take over Amer- centerpiece of the reauthorization proposal beyond the debate about whether we ica or Communists take over America, for the Temporary Assistance for Needy were going to have the robber barons and there are none of them in the Con- Families (TANF) program. or the monopolists in this society have gress. But when you do not have the Here it is, the administration spokes- individuals who are in the workforce so center rule, as Germany learned or as man talking about the centerpiece of thoroughly and completely exploited.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3413 Many in the Senate have been up to wage workers in the workforce I have I eat our kids’ leftovers, and if we don’t have visit the old mill towns of Massachu- met are among some of the most coura- enough money for milk, I feed the kids soup setts, and one can still travel up to geous and dignified men and women for breakfast,’’ she said. Lowell and visit many of those old tex- one will ever want to meet. Living with housing hardship. Hector Cuatepotzo, a waiter in the upscale Miramar tiles and they will see the letters from I am going to mention who we are Hotel in Santa Monica, lives in a tiny, one- children who are 7 and 8 years old who really talking about. Who are these bedroom apartment with his wife, Maria, 6- were writing and who were working in people who are earning the minimum year-old daughter, Ashley, and infant son, the mills 10 or 12 hours a day, in many wage? We have heard speeches on the Bryan. All four sleep in the same small instances 7 days a week. Some of the floor. Let’s put some human faces on room, with Bryan’s crib nestled in one cor- most moving of those letters are by these individuals. Shreveport, LA: It ner, Ashley’s bed in another. these children who write looking out- was early April, and 46-year-old Mrs. Cuatepotzo earns about $20,000 a year in side the windows and seeing other chil- Williams was dressed in the dark blue salary and tips, equal to about $10 an hour, almost twice the minimum wage. But with dren playing outside and dreaming of uniform she wears at her first job car- $625 a month in rent and another $80 month- the time that they might be able to do ing for the aged and infirm at a nursing ly gas and electricity, the family spends so. home. On top there was a gray apron more than 40 percent of their income for In the old days when we did not have she dons for her second job cleaning of- housing. Cuatepotzo works from 6 a.m. to 2 any kind of protections for any work- fices at night. The place where she p.m. and travels 40 miles round-trip to work ers, we had extraordinary exploitation works as a nursing assistant, Harmony each day because rents in buildings closer to of children in the workforce. Well, that House, was paying her $5.50 an hour, his job are even higher. goes back to the time where the Gov- barely above the minimum wage, even Since Maria took time off from her job in ernment was not involved. In 1938, the restaurant to have the baby, they re- though she had been there for 10 years ceived several eviction notices for late pay- after a great deal of struggle, sweat, as a union member and completed col- ment. and bloodshed, all that changed with lege courses to become certified. The Cuatepotzo is thinking about getting a sec- the very important child labor laws. cleaning job which she took up because ond job, but that would mean rarely seeing Some had been passed before. Basi- she could not make ends meet pays his children. Cuatepotzo, who has worked at cally, we established the minimum right at the Federally mandated $5.15 the Miramar since arriving from Mexico 10 wage, the time and a half for overtime, an hour. years ago, would like to own his own home someday. ‘‘It’s my dream,’’ he says. But he and the Fair Labor Standards Act, ‘‘You think you are moving forwards,’’ even though the overtime issue in can’t imagine how he’ll ever get there when adds Ms. Williams, ‘‘but you’re just moving his family lives paycheck to paycheck. question is now threatened by this ad- backwards.’’ This is what is happening all across ministration that wants to abolish Mr. Valles earns his living serving this country. These are not people who overtime for some 8 million workers, hamburgers at a McDonald’s res- are slackers; they are hard workers. mostly firefighters, policemen, and taurant in downtown Los Angeles. He’s Here is Deborah, 23, from Pennsyl- nurses who in many instances are our a family man. He and his wife, Lily, vania, a single mother and survivor of first responders. All one has to do is go have two children. to any hospital and talk to some of domestic violence. She has two daugh- ‘‘I make $5.75 an hour. That’s about $240 a ters. She was evicted from her home in those nurses and find out how in many week. One hundred ninety dollars after instances they are required to work taxes. You can’t really live on that. Lily New Jersey. She now resides in Clair- overtime, and find out their views works in a fast-food place, too. She makes ton, PA, where she works as a sales- about quality of care. the same as me. Two weeks of my pay and person in a grocery store earning $5.35 Now imagine if overtime is elimi- two weeks of her pay every month goes for for 30 to 35 hours a week. Deborah has nated and there is that kind of require- rent. Then you have to pay the fare to go no health coverage for herself or her ment. We have a shortage of nurses back and forth to work. You gotta pay for girls. Her earnings are spread thin to your food. You have bills. We’re still paying today. One can imagine what is going cover childcare expenses, transpor- on the sofa. . . .’’ tation, food, and $50 a month for her to happen tomorrow if that particular I asked if they ever went on vacation. He recommendation by the administration looked at me as if I asked if his children bedroom at her aunt’s. An increase in is put into effect. So basically we are could fly. ‘‘No,’’ said Mr. Valles quietly. the minimum wage would help Deborah talking about a minimum wage. ‘‘There is no money for vacation.’’ catch up on lagging bills, come closer We can hear on the other side, as we The list goes on. We have this situa- to making ends meet, get needed doc- heard earlier from the Senator from tion: tor appointments for her children at a Oklahoma, well, it is important to get As she weighs bunches of purple grapes or pay-for-service clinic, and purchase on the bottom rung of the ladder be- rings up fat chicken legs at the supermarket clothing for her children, who lost ev- cause if one gets on the bottom rung of where she works, Fannie Payne cannot keep erything in the eviction and the escape the ladder, they develop certain kinds from daydreaming. from domestic violence. of skills and attitudes and will be able ‘‘It’s difficult to work at a grocery store Pat Rodriguez lives in Washington, to move ahead and have a successful all day, looking at all the food I can’t buy,’’ has worked at a laundry and dry- life. Mrs. Payne said. ‘‘So I imagine filling up my cleaners in Washington for 8 years. She Well, there are certain truths to get- cart with one of those big orders and bring- earns $6.15 an hour, the minimum wage ing home enough for all my kids.’’ ting on a bottom rung of the ladder if Instead, she said that she and her husband, for the District of Columbia. Currently the bottom rung of the ladder is not so Michael, a factory worker, routinely go she and her colleagues are on strike low it actually submerges a person and without dinner to make sure their four chil- over low wages and other issues. The they cannot survive on the bottom dren have enough to eat. They visit a private money she earns working full time is rung of the ladder because they are so hunger center monthly for three days’ worth not enough to pay the rent, pay for the overwhelmed by the challenges of life, of free groceries, to help stretch the $60 a basic necessities for her family. She of being able to survive. That is what week they spend on food. has a 2-year-old child and is expecting ‘‘We’re behind on all our bills,’’ Mrs. Payne a second child. She has no pension, no we are talking about, having the bot- said. ‘‘We don’t pay electricity until they tom rung of the ladder so that at least threaten a cut-off. To be honest, I’m behind access to affordable health care, and one can make a living wage, they are two months on the mortgage—that’s $600 a relies on Medicaid. She works full time going to at least be treated with some month. We owe $800 on the water bill and and still does not make enough to be sense of dignity in this country of ours, $500 for heat.’’ able to save for the children’s edu- which is the richest country in the The Euclid Hunger Center helped her seek cation. Pat says, ‘‘I support raising the world. aid from her parish, Saint William’s Catholic minimum wage, but I also want work- There are people who are struggling. Church, but it hurt that three cars broke ers to be treated with respect, and for It does appear, by those who are op- down in six months. their work be valued accordingly.’’ ‘‘They all died and we had to get Mike to posed to the increase in the minimum work, so we bought a good used car we can’t Elaine Murphy and her three chil- wage, there is some dismissiveness afford.’’ dren, 16, 11 and 6, recently moved to about the individuals who are receiving The first thing to go was money for food Newburgh, NY, from Oregon. Mrs. Mur- it. I do not buy that. The minimum herself and husband. ‘‘Some nights Mike and phy is a teacher’s aide and special

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3414 CONGRESSIONAL RECORD — SENATE March 31, 2004 needs bus aide in the local elementary creased to $7. That will still put it hold members. The prevalence of hunger is school. Every morning she is in the bus below where it was for a period of 12 or highest among families with children. yard at 6:30, waiting to escort handi- 14 years, but at least it gets it much Today, in low-income communities, one child in three lives in a household struggling capped children on the bus. Then she closer to a living wage. to put food on the table. works in the school offices and in class- That is what this amendment is all Our State is one of the most pros- rooms until around 3, when she gets about. We should understand it. This perous, fortunately, in the country. back on the bus and escorts the handi- amendment affects real people. I gave This is what is happening in house- capped children to their homes. In Or- some examples of real people. I have holds in my State. If it is happening in egon, she made $10 an hour doing simi- given examples of why the Secretary of Massachusetts, it is happening in lar work, but in the new job, she is paid HHS believes a minimum wage job is States across this country. the minimum wage. relevant to this bill. We have indicated We have the broad figures. As we go The job suits her needs as a mother we are prepared to vote on it. We dare- along, I will have the opportunity to of three. She can be home in the after- say it is those on the other side, who do continue to give speeches and to point noon to look after her 6-year-old, who not want to vote on it, who are actu- this out. is autistic and needs the kind of close ally filibustering. Listen to this one more time. supervision the school’s afterschool I want to come to this issue and talk According to the U.S. Department of Agri- program is not able to provide. There a little bit about the impact on fami- culture, 425,000 people in Massachusetts lack are daycare centers that could care for lies, and particularly the impact on access to adequate food. In low-income com- their son, but the cost is prohibitive. children in terms of hunger, the prob- munities in Massachusetts, 20 percent of the Her 16-year-old son is athletic, and lems of hunger. households cannot afford to buy enough food after school she is able to drive him to In 1938, we had the child labor law. to meet the basic nutritional needs of house- practices and games. We had minimum wage, and we put hold members. The prevalence of hunger is Despite the fact that Elaine works highest among families with children. time and a half for overtime pay in Today, in low-income communities, one full time, she is paid so little that she there so workers would be considered. child in three lives in a household struggling qualifies for food stamps and her chil- What we have looked at in more recent to put food on the table. dren receive health care through Med- times, as hunger has been a defining And we have opposition to an in- icaid. This bothers Elaine. She doesn’t aspect for people as well, we have tried crease in the minimum wage. want Government assistance. She to take a look at what the impact is on How much evidence do you need over wants to work hard and provide for her hunger, what the impact would be. there? How much child hunger do you family. In the school district where she First of all, this chart: Hunger is in- need to increase the minimum wage? works, janitors and others are paid creasing for minimum wage families. What more in the world do you need? enough to support their families while The Agriculture Department reported That is happening not only in my Elaine has little choice but to turn to more than 300,000 more families are State but in States all over this coun- the Government for assistance. She hungry today than when President try. Children are facing real hunger be- perceives the problem as this: The as- Bush first took office. More than 12 cause the parents are falling further sumption is that women who work as million American households are wor- and further and further behind. teachers’ aides or do similar work are ried that they would not have enough I have a book full of those examples, not supporting their families but, rath- to eat, and nearly 4 million households some of which I read. I have a book full er, working to supplement the house- had someone go hungry. African-Amer- of examples from all over the country. hold income. In her case, this is not ican households, Latino households, This is what is happening. The problem true. Elaine is the sole provider for her and households headed by single moth- is getting worse. three children. ers were much more likely than the na- The Department of Agriculture indi- For Elaine and her family, a higher tional average to experience food inse- cates there are 35 million Americans minimum wage would mean a greater curity, and also more likely to experi- hungry or living on the edge of hunger degree of self-sufficiency. Getting a ence hunger. for economic reasons—35 million of our second job is out of the question given I have the household food security fellow citizens. There are 290 million her responsibilities at home. At the for the United States. This study, put people in this country, and 35 million present rate of pay, making ends meet out by the Department of Agriculture, of them are facing serious challenges is impossible without Government sub- shows very clearly what is happening with hunger in the United States sidies. Elaine argues that working 40 to families, and particularly families today. hours a week for something as impor- with minimum wage. What you find We will have a chance in half an tant as special needs education, she out is that in 1998, there were 14 mil- hour, if you want to take a very mod- should not need Government handouts; lion children who were living in fami- est step to increase the minimum that through hard work, she should be lies where there was a real problem in wage. It is not going to solve the prob- able to provide for her children. terms of food security, and then that lem, but it will sure do more about it This is it. These are the real faces of went down in 1999 to 12 million. than the current legislation which is people who are out there, trying to In the year 2000, it is 12 million. Then before us. That we know. make ends meet. Our proposal was to we see in 2001 that it began to turn There are 300,000 more families hun- increase the minimum wage just to $7. around. In 2002, it is 14 million going gry today than when this administra- I will show the chart here, what more right back up again. We were seeing tion first took office. Twenty-three has happened with regard to the min- the decline in terms of the impact of million Americans sought emergency imum wage over recent years. hunger on children in this country. food assistance from the hunger relief On the far side of the chart, this is Now we see as a result of the economic organization Second Harvest. purchasing power in the year 2000, dol- policies and failure to increase the Isn’t that a fine description of what lar purchasing capability; in 1968 the minimum wage the fact that hunger is our country is coming to. As I indicated, these are men and equivalent of $8.50 for minimum wage. again taking off in these minimum women of dignity and respect, people The red line indicates how the min- wage households. who are working hard. We find in a imum wage has gradually dropped, how This is an excellent report done by number of the hunger programs, the we were able to get it raised in 1990, the State of Massachusetts. It is called Food Stamp Program and others, they and how we were able to get it raised in ‘‘Walk For Hunger, Project Bread.’’ I 1997 and 1998. Now we see it dropping are vastly underutilized because men will include in the RECORD the appro- and women have a sense of pride. They without this increase to about its all- priate parts of the study. time low. don’t want to take handouts from the This is a minimum wage, not a max- According to the U.S. Department of Agri- Federal Government. Even some of the culture, 425,000 people in Massachusetts lack imum wage. We hear those saying, if access to adequate food. In low-income com- school lunch programs are underuti- you are going to go for $7, why not go munities in Massachusetts, 20 percent of lized in some areas because parents $10 or $15? That is missing the point. households cannot afford to buy enough food don’t want to have their children ap- What we are trying to do is get this in- to meet the basic nutritional needs of house- pear to come from a poor community.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3415 They are used to a higher degree than this institution vote on this measure you are saying the Secretary of HHS food stamps, but, nonetheless, that which can make a difference in terms says you should have a good job that happens. of children in poverty, families in pov- pays an adequate minimum wage? Yes. These are men and women of pride. It erty, proud men and women who are And they say: It would seem to me it is a real problem. These families, as I trying to provide for their children, a would be relevant. mentioned—23 million, Second Har- step that we have taken 11 different It does to me, too. That should be un- vest—cannot afford balanced adequate times since the minimum wage was derstandable to any third grader or diets. Parents are skipping meals so passed with Republicans and Demo- fourth grader, but it is not to the Re- their children can eat. Nationwide, crats alike. But what it is about is this publican leadership because they do soup kitchens and food pantries and Republican leadership that says: No, not want to pass it because they have homeless shelters are increasingly we are not even going to let you vote powerful interest groups that do not serving the working poor—not just the on it. want to pass it. That is the reason: spe- unemployed. We had difficulties other times try- cial interest groups that refuse to let Both the U.S. Conference of Mayors ing to get a vote on it. I will certainly this pass. That is it. That is what this and Catholic Charities report wit- admit that. And the record will show is about. You cannot get around it. nessing sharp increases in the use of that. But eventually we were able to do So we have taken a few examples of emergency services offered by the cit- that, and eventually we were able to who the people are who are affected, ies and the Catholic Charity agencies. get it passed. But the ferocity of oppo- what kind of lives they are living, and In 2003, the survey by the U.S. Con- sition this time is mind-boggling to what has been happening in one State ference of Mayors that looks at hunger this Senator. that is a pretty prosperous State, my found 39 percent of adults requesting Listen to this, again from the U.S. own State of Massachusetts, that has food assistance were employed. Conference of Mayors: Emergency food done a very detailed study. I will in- Effectively, 40 percent of people who assistance increased by 14 percent. This clude that, as I mentioned, as a fierce are trying to get some additional food is just in 1 year. These are the 2003 fig- indictment in terms of the failure of assistance are employed and work ures. Fifty-nine percent of those re- both our State and the Federal Govern- hard. questing emergency food assistance ment to be able to provide the help and This is the conclusion of the U.S. were members of families, children. assistance. We have the one recommendation by Conference of Mayors, as well as Catho- And then: City officials recommend Republicans and Democrats alike, the lic Charities—a leading cause of hunger raising the Federal minimum wage as a mayors all over this country, who are is low-paying jobs. way the Federal Government can help close to the people on it and say: We How much more evidence do you alleviate hunger. have one single recommendation. They need? Do we think the U.S. Conference Here it is, the Conference of May- did not recommend the extension of of Mayors is a tool of just the Demo- ors—Democrat, Republican, mayors TANF. They recommended one thing: cratic side of the Senate when Repub- from all over this country; North, increasing the minimum wage. That lican and Democrat mayors alike South, East, West; Republican and across this country are talking about was their single recommendation. Democrat—talking about hunger, talk- We heard statements just yesterday. the increasing problems they are facing ing about the particular hunger needs I, very briefly, will respond to the ar- and the challenges that families and of children, talking about the problems guments that if we raise the minimum their communities are facing when of the growth of hunger for working wage we are going to contribute to the they say one of the principal reasons families, and they make one single rec- problems of unemployment in our soci- there is explosion in the hunger needs ommendation: increase the minimum ety. I am glad to go through this issue. of children in this country is because of wage. And we cannot even get a vote We have extended charts. We have de- low-paying jobs? on it in the Senate. bated this frequently the other times That is what this amendment is Can you imagine people watching the we had the increase, with the Kruger about—to do something about low-pay- Senate and hearing: Well, no, we can’t studies from New Jersey, which are ing jobs. vote on that. We can’t vote on that. We probably the most extensive studies. I We have a chance to do something are just not going to vote. And they have the whole working paper. about it. We have done it in the past. say: Why? It looks as if those who are It goes into great detail as to the im- We are denied the chance to do some- proposing it are ready to vote on it. pact, historically, on the job market. thing right now about it. We are. When are you ready to vote As I mentioned before, the yellow If cloture is successful, we ought to on it? In 20 minutes, half an hour? We line on this chart is the rate of unem- say it as it is. It will defeat this are prepared. We have offered time lim- ployment in the year we increased the amendment. Evidently, the Republican itations. minimum wage, showing the rate of leadership fears voting on this amend- They say: You are? unemployment in October, when we ment, for reasons I can’t possibly fath- What is wrong with the other side? had the second increase in the min- om, so much they are delaying the Sen- They say it is not relevant to the un- imum wage, and then several months ate a whole day. Here we are on derlying bill. They say it is not rel- later. Wednesday at 1 o’clock, and we are not evant. So you have the cumulative two in- going to be permitted to vote. We could Let’s see. Is that the way the Senate creases in the minimum wage. And vote on this in half an hour. No, you works? what was its impact on the rate of un- can’t vote on it. We are going to make Let me help you figure out why it is employment? As you see, going back to sure the Senate doesn’t do any work relevant because I have a statement the 1996 increase, 1997, and then several this afternoon because we feel so in- from the President’s representative on months later, the unemployment rate tensely about increasing the minimum this bill. This is what the President remained at 4.7 percent. wage. We are against it going to $7 an says. The President says: If you break it out with regard to Af- hour over a 2-year period. We are going This administration recognizes that the rican Americans, Hispanics, and teens, to insist on cloture—the unusual step only way to escape poverty— it is very much the same. You had 10 of cloture in the Senate—in order to He is talking now about the under- percent unemployment for African bring that amendment down so we will lying bill— Americans, and 9.5 percent. If you take not even have to vote on it even is through work, and that is why we have both the increase in that year and this though the Secretary of HHS has indi- made work and jobs that will pay at least year, and then take the result for those cated minimum wage is essential to the minimum wage the centerpiece of the re- two, look at the next year; it was at 9.3 the success of this program. authorization proposal for the Temporary percent. If you look among Hispanic Is there anything more ludicrous? Is Assistance for Needy Families (TANF) pro- Americans, it is the same pattern. And there anything that makes less sense? gram. if you look among the teens, it is the It is absolutely out of our imagina- Well, then they say: Wait a minute, I same pattern. tion that Republicans feel so intensely thought the Republicans said your Strong opposition said it is going to in opposition they will refuse to let amendment is not relevant. And now increase unemployment, it is going to

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3416 CONGRESSIONAL RECORD — SENATE March 31, 2004 increase teen unemployment, and mi- We can take more time, but we are pre- would say that is very ideal; in fact, nority unemployment. It does not do pared to vote at any particular time. just the opposite. Most people would so. This side has made its case. People in look for much higher than that. Ac- Another factor is the issue about this body know what the issue is all cording to the Census Bureau, more whether this is going to be an inflater. about. It is not enormously com- than 2 million workers have hourly As I mentioned, if you look it over—for plicated. They understand it. We are wages at or below the minimum wage. those who want to take the time, it is prepared to vote. It is a very simple More than one-fourth of these workers not very difficult to do—but if you vote. If it is finally enacted in the are between the ages of 16 and 19. take the increase, the total number of House—and I think with a strong vote So is $5.15 an hour a livable wage? If people who are going to be affected by here it will be—and if it is signed by one is a teenager living at home with the increase in the minimum wage, and the President—and if we have a strong their parents, they probably feel like take the total payroll, you will find vote in the House and the Senate, the they are making a lot of money. But out the impact. President is going to sign it—it is what about other minimum wage work- We know increasing the minimum going to make a big difference because ers? According to the Census Bureau, wage by $1.85, as I have pointed out, is 60 days after enactment, the first phase 85 percent of the people earning the vital to workers but a drop in the of it will begin to give some new hope minimum wage live with their parents, bucket to the national payroll. All to some of the hardest working men have a working spouse or live alone. Americans combined earn $5.7 trillion. and women in the country. Only 15 percent of the minimum wage And a $1.85 minimum wage increase I suggest the absence of a quorum. workers are trying to support a family. would be less than one-fifth of 1 per- The PRESIDING OFFICER (Mr. For those few who are trying to sup- cent of the total national payroll. So HAGEL). The clerk will call the roll. port a family, $5.15 an hour is obvi- spare us—spare us—the arguments The assistant legislative clerk pro- ously not enough income. Fortunately, about the adverse impact of an in- ceeded to call the roll. these families do not have to get by on crease in the minimum wage on unem- Mr. GRASSLEY. Mr. President, I ask $5.15 an hour because under current law ployment and on minorities and on unanimous consent that the order for these families are eligible for Federal teenagers, and spare us the argument the quorum call be rescinded. assistance through the earned income that this is going to add to the issues The PRESIDING OFFICER. Without tax credit and through the food stamp of inflation because it does not do that. objection, it is so ordered. program, two programs that are meant What it will do is, it will help some The Senator from Iowa. to encourage people into the workforce extremely hard-working families. It Mr. GRASSLEY. Mr. President, we in a way that there is good return on will help many workers who work hard are involved in debate on a non- it. clearing out the buildings at night- germane amendment the Democrats A single mom with two children time, being assistants to our teachers have offered on which we Republicans working full-time at minimum wage in our high schools and elementary have said we are willing to vote, as- would qualify for more than $4,000 in schools in our country, working in suming we can have finality on this refundable tax credits and more than nursing homes as assistants. These are legislation and make sure we get to $2,000 in food stamps. On an hourly minimum wage workers, and they are conference. basis, that works out to more than $8 men and women of dignity. They are In the meantime, while those proce- an hour. Even after Federal taxes are not looking for Government handouts. dural issues are being worked out, I withheld, a single mom with two chil- They want to be able to work hard and wish to express some views on the sub- dren is left with more than $15,670, raise their children and live with the ject of minimum wage. which is the poverty guideline for a respect of their children and spend The proponents of this legislation family of three. Thus, the debate can- time with their children. claim they want to make sure that That is why this is a women’s issue not really be about getting people out workers are able to earn a livable because the great majority of those of poverty. wage. Who doesn’t know that is nec- Some people might say that these who receive the minimum wage are essary for people to get along in this workers should not have to rely on women. It is a children’s issue because world? It is not very clear to me what Government programs to escape pov- so many of those women have children. the term ‘‘livable wage’’ means. But erty, and those people working would It is a family issue because the rela- those who use the term seem to believe look for a day in the future when they tionship between, primarily, single a person working at a minimum wage mothers—not always but primarily sin- were making enough money that they ought to earn more than the poverty gle mothers—and their children is dic- would not qualify for the earned in- level. tated by whether the mother has one or come tax credit or qualify for food So let us consider that goal for a mo- two or even sometimes three minimum stamps. But other people might say ment. Although there is more than one wage jobs. The time, or lack of time, that employers should not be so cheap, way to define poverty, the Department they are able to spend with their chil- that they ought to pay their employees dren, obviously, is enormously impor- of Health and Human Services pub- more than the poverty level wages. tant. lishes the poverty guidelines each year. As I have just explained, the poverty This minimum wage is also a civil These guidelines are used to determine level varies by the size of the families. rights issue because so many of the eligibility for low-income programs Employers cannot pay their workers men and women who receive the min- like food stamps. For a single indi- based on the size of their families. I do imum wage are men and women of vidual, the poverty guideline then not know that they ever have. When color. would be $9,310 a year. Under current one stops at a local donut shop, they do It is a civil rights issue, a children’s law, any job subject to the Federal not charge $5 on Tuesday when the issue, a family issue, a women’s issue. minimum wage must pay at least $5.15 cashier is a teenager living at home Basically, it is a fairness issue because an hour. Assuming a person worked 40 with his parents and then charge $7 on these men and women in this country hours a week, 52 weeks a year, at a Thursday when the cashier is a single believe if you work hard—you work minimum wage, they would earn over mom raising two children. That is not hard—40 hours a week, 52 weeks of the $10,000 a year. Even after deducting the way the real world of economics or year, you should not have to live in Federal income taxes owed on this the business place works. Any business poverty. amount, a minimum wage worker is that tried to do things that way would If you look, after all is said and done, left with more money than the poverty no longer be in business. at where the poverty level is for a fam- guidelines. The wages earned by workers are de- ily of three, it will be something under I would like to repeat that a full- termined by the value that consumers $15,000. And even with our increase in time minimum wage worker already place on the goods and services pro- the minimum wage, they are going to earns more than the poverty level. duced by the workers. Employers can- be well below that. Now, is that a livable wage? The an- not pay their employees more than We are prepared to vote early this swer is that it depends. Even in my customers are willing to pay. In fact, afternoon. We don’t need more time. State of Iowa not very many people in most cases, customers do have

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3417 choices of where to buy their goods and other Government programs look out show in a minute. It is a wage that services. They do not have to stop at after these proud, hard workers who does not respect the dignity of work, the local donut shop. If they want to, are trying to provide for themselves including the most humble work in they can eat at home, or some may and for their families. Effectively, if we this country. That is wrong. I say the just decide to do without. follow the way that the Senator from President of the United States ought to Those who support raising the min- Iowa suggests, we are going to have to be ashamed of himself, this Senate imum wage claim that they are helping tax more people a lot more so that ought to be ashamed of itself, the workers earn a livable wage, but if those programs are going to be there House of Representatives ought to be Congress could wave a magic wand and because we refuse to have employers do ashamed of itself, that we would let the if Congress would raise wages by legis- what they should do, and that is to pay minimum wage get as low as it has got- lative decree, why would they stop at a fair wage. ten, forcing more and more families $7 an hour? Why not $70? Why not $700? Sure, everybody could be put on wel- into poverty and on food stamps. Then everybody could be a millionaire. fare and not have any minimum wage. I just heard my colleague from Iowa The reason supporters of a minimum What is the possible logic? Those Sen- saying, rather than raising the min- wage stop at $7 is because they know if ators on the other side have been try- imum wage, we ought to be putting the minimum wage is raised higher it ing to cut those programs back for more into food stamps. What kind of a means yet higher prices and fewer jobs. years. The programs dealing with nu- solution is that? I thought we were To deny these facts is to deny eco- trition, home heating and programs for going to give people the dignity of nomic reality. food, they have been trying to cut work. We ought to get them off welfare Proof? There is plenty of proof. It is those back for years. This administra- and get them into jobs. Now I hear very evident by the fact that no one tion has been trying to make EITC some people say the best thing is giv- has proposed raising the minimum much more difficult to get. ing them more food stamps. I am all wage to $70 or $700 an hour. Raising the In order to oppose the increase in for food stamps. It has been a real minimum wage by $7 or $70 or $700 all minimum wage, they say, well, the blessing to our society. But that is sort have ensuing ill effects. The only dif- EITC program is out there. We are of a welfare answer. It sounds as if we ference is the smaller the increase the talking about proud men and women turned the clock back and we go back smaller the effect. Those who support a who want to work hard and look after on welfare again. The economic policies of this admin- smaller increase are hoping that by their children and have a sense of dig- istration are simply not working as ad- only raising the minimum wage to $7, nity and not depend on welfare pro- vertised. It is still sputtering. The re- the price increases and the job losses grams. The answer for those who are covery remains fragile. The President will be small enough that no one will opposed to us is, give them more wel- has assured us again and again that tax complain too loudly. fare programs. cuts overwhelmingly for the wealthy Minimizing the damage will not stop That is an insult to these working will stimulate the economy and create the damage. Raising the minimum men and women. We reject that as an more jobs and get this country moving. wage to $7 an hour is going to cost em- argument. We reject it. Over the last 3 years we have had near- ployers $6 billion a year. That is a $6 We are standing for the dignity of ly $2 trillion in tax cuts, but we have billion tax increase on a small segment those working men and women who lost more than 2 million jobs. The of our economy, particularly the small ought, in the richest country in the President’s economic policies, includ- business sector of the economy. Iron- world, in the strongest economy, to be ing tax cuts, outsourcing of jobs, not ically, out of those costs of $6 billion, able to work hard and bring up their increasing the minimum wage, refusing roughly $5 billion will go to workers children with respect and dignity and to extend unemployment benefits, are who are not supporting a family while not a handout. not working. Trickle-down economics $1 billion is going to go to workers who The Senator makes the point why we simply, again, is not working. are supporting a family. need the increase in the minimum You don’t have to be from Iowa or In other words, raising the minimum wage. Because those workers are not Nebraska to know you don’t fertilize a wage for everyone means only $1 out of receiving it today on their own. They tree from the top down. You fertilize every $6 goes to those who are most in should be able to get it. We are com- the roots, and that is how we need to need and particularly those we are try- mitted to trying to get an increase on stimulate the American economy, by ing to help with this bill to move peo- the minimum wage. applying stimulus to the roots, not to ple from welfare to work. That is a I yield the floor. the treetops. very expensive way to help low-income The PRESIDING OFFICER. The Sen- There are obvious ways to do this. families. ator from Iowa. No. 1, instead of the tax cuts for the One might try to justify this costly Mr. HARKIN. Mr. President, par- wealthy, you focus tax cuts on working and inefficient policy if it were the liamentary inquiry: We are under a clo- people who need the money and who only way to help those in need, but as ture motion that has been filed on this will actually spend the extra money I have already discussed raising the amendment? here in America. minimum wage is not about getting The PRESIDING OFFICER. A cloture No. 2, you increase the minimum people out of poverty. A single mom motion has been filed on this amend- wage. You put more money in the working full-time at the minimum ment. pockets of people who will spend the wage, with one or two children, is al- Mr. HARKIN. Since I have been rec- money because they have to, out of ne- ready out of poverty, thanks to the ognized and I have the floor, is there a cessity. earned income tax credit and thanks to time limit on how long this Senator No. 3, you extend benefits for the food stamps. If we want to help low in- can speak? long-term unemployed. Today, March come workers, we should support poli- The PRESIDING OFFICER. There is 31, a record 1.1 million Americans will cies like the earned income tax credit no time limit at this point. lose their unemployment benefits—this and food stamps that provide help to Mr. HARKIN. I thank the Presiding quarter. This is unfair. It is indecent. those who need it the most. Officer. It is foolish, because it will create Congress does not have a magic Mr. President, first I ask unanimous more drag on the economy. Again, we wand. It cannot repeal the law of sup- consent I be added as a cosponsor on ought to be ashamed of ourselves for ply and demand. this amendment to raise the minimum not extending the unemployment bene- I yield the floor. wage. I strongly support the amend- fits to all these people who have now The PRESIDING OFFICER. The Sen- ment offered by the distinguished Sen- lost them. ator from Massachusetts. ator from California, Mrs. BOXER, and I strongly support the Boxer amend- Mr. KENNEDY. Mr. President, I lis- Senator KENNEDY. ment as one step we need to take in ad- tened to my friend from Iowa, and he is Let’s be clear at the outset. The cur- dressing the fact we have too many my friend. It is amazing to hear the re- rent level of $5.15 an hour as a min- people out of work, and that people on sponse to an increase in the minimum imum wage is a poverty wage—actually the bottom of the economic ladder are wage. They say we are going to let less than a poverty wage, which I will falling further and further behind.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3418 CONGRESSIONAL RECORD — SENATE March 31, 2004 No one in America who works for a What is this all about teenagers? Now we are being told we can’t have living should live in poverty. Yet for This is not about teenagers. This is a vote on the TANF bill because it is the millions of hard-working Ameri- about Americans who go to work every not germane. That is exactly what Sec- cans with minimum wage jobs, that is day. As I said, they do some of the retary Thompson said. exactly what is happening. In fact, if most humble work in America. Work and jobs that will pay at least a min- you look at what has happened over I think I heard my colleague from imum wage is the centerpiece to the reau- the last few years, you can see if this is Iowa saying something about if you thorization proposal of TANF. the poverty line right here for a family raise the minimum wage, it is bad for Those are Secretary Thompson’s of three, going back here to 1971, 1974, business because people will shop else- words. 1977, the minimum wage was pretty where because they will raise the price We also have to keep in mind that a darned close to the poverty line. Then of goods and people still have choices. great majority—61 percent, as I have during the Reagan years it started We are not putting the minimum wage pointed out—who would be affected are coming down. During the Clinton years on one company and not another, one single parents, mostly women with it went up a little bit. Now we are back employer and not another. This is children. Unfortunately, the kind of down again. Look at this gap compared across the board. So if all of them go jobs that women who leave welfare find to where we were before, or even before up, then there is still competition out are minimum wage jobs, which makes 1970 when the minimum wage was actu- there. Maybe through the competitive it difficult, if not impossible, to sustain ally above the poverty line. When you urges of the free marketplace they will families and meet the demands of rais- look at that, it is no wonder our soci- find other places to cut costs, be more ing children. For these people, survival ety has problems. No wonder we are productive. But don’t take it out of the is a daily goal. They work hard enough. being torn apart in this country. We hides of those who work for a minimum Their hours are long enough to make have more people working, yet falling wage. ends meet, but only barely. further below the poverty line because That is what we are basically saying. What this means is they don’t have we don’t increase the minimum wage. That is what Congress is saying. That time for their families. They cannot The other side filed a cloture motion, is what this President is saying, when participate in activities with their I understand. I asked the Presiding Of- we don’t increase the minimum wage. children, especially school-related ac- ficer. He said a cloture motion has been They are saying to businesses all over tivities that most of us take for grant- filed on this amendment. This bill we America: If you want to cut costs, if ed. have before us is TANF, the Temporary you want to increase your profit mar- I would like to do a survey in the Assistance to Needy Families. The gins, we will help you by keeping your Senate of everyone here. I wonder how other side has filed a cloture motion, minimum wage as low as possible. many Senators know someone or a saying an increase in the minimum If we raise the minimum wage, family living on the minimum wage. I wage is not germane, it is not perti- maybe businesses will find some other wonder how many Senators would ac- nent to the TANF bill, to Temporary ways of cutting costs and being more tually have some friends who are fami- Assistance for Needy Families. They productive. lies on the minimum wage. I bet you I also heard that if you increase the are saying it is not pertinent because if would not find very many who would minimum wage to $7 an hour, it is a the cloture motion is successful tomor- actually know anyone. They read row, this amendment will fall. So they drain on business. It doesn’t help the family that much. There would be about them, but I mean actually know say it is not pertinent. them or maybe have them as neighbors Why don’t they tell that to Secretary more help with food stamps, for example. An increase to $7 an hour for full- or friends and meet with them and talk Thompson? Here is what he said re- with them about how they are living garding TANF reauthorization: time, year-round workers would add about $3,800 to their income. on a minimum wage. That would be an This administration recognizes that the interesting survey to take. only way to escape poverty is through work Maybe for Senators and Congressmen and that is why we have made work and jobs who make $150,000 a year—I assume For these people, as I said, survival is that will pay at least the minimum wage the most of us have stocks and different in- their daily goal. centerpiece of the reauthorization proposal vestments—when you look at the net Bear in mind the real value of the for the Temporary Assistance for Needy worth of the Members of the House and minimum wage has fallen dramatically Families Program. the Senate, what is it? Is it 500 times over the past 30 years. Here is the real It is the centerpiece. And they say it more than the average American? value of the minimum wage shown ear- is not pertinent. Somebody better get Maybe $3,800 doesn’t seem like a lot to lier by Senators KENNEDY and BOXER. hold of Mr. Thompson. You better start people here, but to a family on min- We have to keep showing them because getting your story straight. He says it imum wage, for a low-income family, these facts are stubborn things. People is the centerpiece. $3,800 would be more than a year of are working the same. If minimum wage is the centerpiece groceries. It would pay 9 months of Back in 1968, in real 2003 dollars, the for TANF reauthorization, then we rent, a year and a half of heat or elec- minimum wage was $8.50. ought to be about discussing how much tricity, or full tuition at a community In other words, if we had indexed to of a minimum wage—not whether it is college for one of the kids. That is inflation the minimum wage in 1968, it pertinent but how much. nothing to scoff at. would be $8.50 an hour. That is just in- Bear in mind again, I heard some People say, Well, it will impact busi- dexed for inflation. But if you look at talk about teenagers. I keep hearing ness. Again, facts are stubborn things. where people were back in 1968, look about teenagers making minimum History clearly shows that raising the where we are now. The people who were wage. They are living at home, they minimum wage has never had an im- working back in 1968 at minimum wage have this and that. Teenagers, teen- pact on jobs, employment, or inflation. jobs are the same people, the same agers, teenagers, I hear that all the In the 4 years after the last minimum kind of people, the same class of people time. But you have to look at the wage increase passed, the economy ex- who are working today. They are doing facts. Facts are stubborn. Sometimes perienced the strongest growth in over the same kind of jobs. Why was that facts get in the way of stories. The fact three decades. Nearly 11 million new job worth $8.50 in 1968, but that same is, 7 million workers would directly jobs were added at a pace of 218,000 per job today is only worth $4.98 an hour? benefit from a minimum wage increase; month. There were 6 million new serv- You might say the minimum wage is 35 percent are the sole earners in their ice industry jobs, including more than $5.15. But if we don’t increase it by the families—35 percent. Maybe some of 112 million retail jobs of which nearly end of this year, the real value of that them are teenagers. Maybe they are 600,000 were restaurant jobs. will be $4.98 an hour. married and out of school, maybe they This was after we raised the min- Why? It is the same job, the same are 18, 19 years old. Mr. President, 61 imum wage last time. It sure made a work. Why was it worth $8.50 an hour percent of those affected are women bad impact on this country, didn’t it? then, and it is only worth $4.98 an hour and one-third of them are raising chil- It is long overdue. We should be now? It is because we haven’t done our dren; 15 percent are African American ashamed of ourselves for letting it fall job about keeping up the minimum and 19 percent are Hispanic Americans. so low. wage. We keep pushing people down.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3419 That is why there is unrest in Amer- gets spun around in the economy. It Gerald Ford, and George H. W. Bush. ica. That is why low-wage people are would be a shock of stimulus for the Interestingly, Reagan and this Presi- saying there is nothing in the system economy. dent Bush are both missing. But it has for them because it is so skewed I am proud to cosponsor the amend- been bipartisan in the past. We have against them. They work hard and ment. To say it again, at the heart of had Republican Presidents who have never can get ahead because the min- this problem is the fact we are just not raised the minimum wage, as well as imum wage is stuck. paying people for the work they do. Democratic Presidents. So I do not The minimum wage employee work- Why is it people who do the dirtiest think it is a partisan issue at all. It is ing 40 hours a week, 52 weeks a year, kind of work, the humblest kind of an economic issue. And it is how you earns $10,700 a year. That is $5,000 a work—the kind of people you walk by, view the value of work. year below the poverty line for a fam- and you never notice them; you go into Now if you believe people ought to go ily of three. a restaurant, you go in to eat, and then out there and work for whatever an Again, here is the poverty line. The walk out, and you do not notice them; employer wants to pay you, and if you red line is for a family of three. Here is a lot of times you go into stores, they don’t like it, you can go somewhere where we were in the past. Before 1970, are there, but you kind of walk by else and try to get something better. the minimum wage was above the pov- them—well, it is time we noticed them. We have tried that before in our coun- erty line. Now look at the gap. Look They deserve to be noticed. They are try. We see that happening in other how far down it is. Americans, and they are working hard. Third World countries because there is Poll after poll after poll taken of They are trying to raise their families always some poor sucker worse off low-income Americans show that they and do the right thing, and what do we than you who will work for less than don’t believe the system is fair. You say to them? Forget it. you will. can read the polls. Look at what hap- I almost hear echoes from some of I really do not think that is the kind pened to them. You add on to that they the comments I have heard on this of country we want to become. Work don’t have health insurance. You add floor. I have heard echoes there should should have honor and dignity, and the on to that they do not have any retire- not even be a minimum wage. Now, I minimum wage today is not giving dig- ment benefits. You add on to that their did not hear anybody say that. I said I nity to the work these people do. pay goes for high heating bills this last sort of heard echoes of that: Well, if we I will close. I see the Senator from winter. You add on to that many of set the minimum wage at $7, why can’t Idaho wants to speak. I will wrap up in these people earning the minimum we set it at $70 an hour or $700 an hour a second. wage are paying one-third to one-half or $7,000 an hour or something like We are talking about Temporary As- of their paychecks just for rent. that? Well, that is sort of scoffing at sistance to Needy Families. The bill on How many of us pay one-half of our these poor people who are working be- the floor is food assistance. paycheck for rent? cause it is almost like saying maybe Listen to this. A 2003 survey by the As I said earlier, the minimum we should not have a minimum wage at U.S. Conference of Mayors—these are wage—I stand corrected. It is not a all. not Democrats—looked at the hunger poverty wage; it is less than a subsist- There are a lot of countries that do issue, and here is what they found: 39 ence wage. And we can’t ignore it any not have the minimum wage. I suppose percent of the adults requesting food longer. we could be like them. I always tell assistance were employed. Thirty-nine Three million more Americans are in people: When it comes to things like percent seeking food assistance were poverty today than when President having a minimum wage, just keep in employed. This is from the Conference Bush first took office. mind, there is always someone poorer of Mayors. I am not saying that to blame it all than you, more desperate than you, They found a leading cause of hunger on the President. I am not going to say lower down on the ladder than you, was low-paying jobs. The Conference of that. Of course not. I am just saying it who will work for less than you are Mayors found emergency food assist- is a fact. going to work for because they need it. ance increased by an average of 14 per- Today, more than 34 million people There is always someone poorer, more cent. Fifty-nine percent of those re- live in poverty including 12 million needy, more desperate. questing emergency food assistance children. Is that what our society says: The were members of families—children I am not blaming it on the President, law of the jungle? Turn the clock back- and their parents. Fifty-nine percent of or anybody else. I am just stating a ward and just have a welfare system? those who sought emergency food as- fact. As Senator KENNEDY said, rather than sistance—which means they were at Among full-time, year-round work- taxing the American people to provide wits end; they had no money, and they ers, poverty has doubled since the late food stamps and welfare benefits and had no other place to go, so they re- 1970s—from about 1.3 million to 2.6 mil- things like that, it is better to raise quested emergency food assistance—59 lion in 2002. Poverty has doubled since the minimum wage and give them a de- percent were members of families— the late 1970s. cent living wage rather than putting children and their parents. There is a lot of blame to go around. them on welfare. That is bad for the What did the mayors recommend? Rather than blaming anybody, let’s fix people on welfare. What did the Conference of Mayors rec- it. The best way to fix it is to raise the I supported welfare to work. I believe ommend? They recommended raising minimum wage. That is at the heart of in it. But in order to move people from the Federal minimum wage as a way this problem. welfare to work, they need some health the Federal Government could help al- An increase to $7 an hour would af- care benefits; they need some leviate hunger. We are being told we fect nearly 7 million workers. childcare. Fortunately, we passed the cannot do that; we cannot add it to I just saw the figures as to what it Snowe amendment. We need an in- this bill; we cannot even vote on it. would mean in Iowa. I have the figures crease in the minimum wage, and they We saw the same thing on overtime: here as to an increase in the minimum need housing. But keeping them at this No, we can’t vote on that. Put it some- wage in Iowa. If we were to increase less-than-subsistence wage will not do place else. No, we can’t vote on min- this minimum wage, there would be it. imum wage either. 104,000 workers in my State of Iowa I have almost heard some echoes, What is the Senate coming to? Why who would be making more money— also, that this is some kind of a par- don’t we do as the House of Represent- 104,000 workers. Do you know what? tisan issue. I went back to look at this atives did, where we used to serve— They will spend that money. They will issue. Senator KENNEDY pointed this have a rule where you can’t do any- spend that money because they have to out, and I have a chart to point it out thing, just pass it. That is why the spend it, because their rent is high, again. I think it is very instructive. Senate is different than the House. their heating bills are high; if they Since Franklin Roosevelt, when we got That is why we are supposed to have have any health insurance at all, that our first minimum wage in 1938, almost open and free-form debate and be able is skyrocketing. They are paying for every President has raised the min- to vote on these issues. But these par- food, paying for the kids. That money imum wage, including Eisenhower, liamentary tactics keeping us from

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3420 CONGRESSIONAL RECORD — SENATE March 31, 2004 voting on things such as overtime, ex- ergy. Today if the Senator from Iowa We have had all these cute ideas over tending unemployment benefits, and or the Senator from Idaho gassed their the last several years about how we now the minimum wage are unworthy car up in this city or in Idaho or in Des can conserve our way out of this one or of the Senate, unworthy of this coun- Moines, we would have paid the highest we can deny the consumer the right to try, unworthy of our jobs. price for gas ever paid in our history. have more energy in one form or an- I close by saying again, this is an Does that have impact on poor people other and that will solve the problem. issue that cuts very deeply. I remember or poorer people? You bet it does. They It didn’t solve the problem. I was in my home State in the last spend more of the total percentage of During the decade of the 1990s, with year, and I found an interesting thing, their income for energy than does unprecedented economic growth in our that more people were relying upon the someone who makes more money, who country, we used up all of the surpluses food banks in Iowa. I thought to my- is in the upper class of society. that had been built into the system. self: Why is that happening? Our unem- When we talk about the minimum Whether it be gas supply for space ployment is not that high. It went up a wage and welfare reform and the econ- heating, gas supply at the pump, little bit, but why were more people omy, should we not be concerned about whether it was commercial, we used it going to food banks in increasing num- the price of energy as it relates to that all up. At the end of the decade, we bers than the unemployment rate was minimum wage employee who drives to were beginning to experience blackouts rising? work and drives home and spends a in California. We were beginning to ex- I found out these are low-income higher percentage of the amount of perience shortages. But most impor- workers. They are minimum-wage money they get from the minimum tantly, that supply/demand equation workers. They get food stamps. But be- wage on energy than any other seg- had begun to work and prices were edg- cause we have cut back on food stamps, ment of the economy? We ought to. ing up very rapidly. their food stamps run out about the This Senate has denied us the right Here we are, with a 14-year-old pol- 20th of the month, and they have to go to speak to that. Now the other side is icy, and we haven’t recognized the rest to the food banks for the rest of the suggesting that again we have to go of the world has also grown. One of the month. I have to believe if it is hap- through multiples of amendments if we great growth giants today in the world pening in Iowa, it is happening all over bring up an energy bill, even though we is China. China’s crude oil imports the country. debated it a year ago and even though grew 30 percent last year, from the It is time to give dignity to the peo- we debated it the year before that, and same supplier that is supplying 60 per- ple who do the humblest work in our even though we passed it out of the cent of our crude oil, the crude oil mar- country. Let’s get them back up to Senate twice and we have had ample kets of the world. what they had in the past. If their job time. And tens of plus amendments What is happening out there is this in the past was worth what today later, we have to go through that very rapid acceleration. We all want would be $8.50 an hour, it is at least again, when this country is hurting the economy to come back. We want worth $7 an hour now. more on energy and energy costs than our economy to come back. We want What if we took corporate CEO sala- it ever has. the world economy to come back so it I think the American people expect ries from 1968 and said they have to can buy our goods and services. And as more of us than just an endless debat- now have the same percentage reduc- that economy comes back along with ing society that never produces any- tion this year as those on minimum ours, they will demand more energy. thing. What have I heard in the Cham- wage? Boy, the hue and cry that would We know the facts for high gas ber, as I have been speaking about en- go up on that one. prices. The price of crude oil yesterday ergy the last several days? It is big I have made my point. I hope we de- was $36.25 a barrel. That is why we oil’s fault or it is the President’s fault. feat the cloture petition. I hope we have high gas prices. Inventory stocks It is somebody other than the Con- have a vote on increasing the minimum are down. Fragmented gas markets are gress. different today, and the introduction of wage, and I hope it passes overwhelm- Let me suggest to my fellow Sen- new fuels is phenomenal. We know ingly. I hope the President will be on ators: No, it is not the President’s fault those are the realities of what we are board and support it so we can give dig- and, no, it is not big oil’s fault. It is nity to our workers. the Senate’s fault for denying the doing and what we are dealing with. I I thank the Senator from Idaho for American people a modernized, con- don’t know that you can deny it in any his patience and yield the floor. temporary energy policy. other way, unless you want to play raw The PRESIDING OFFICER (Mr. The House passed a policy. The House politics. SUNUNU). The Senator from Idaho. passed the conference. But not the Sen- We also know what the situation is Mr. CRAIG. Mr. President, I have lis- ate. No, the Senate couldn’t get there in our country today. We import 62 per- tened most seriously to the Senator because too many of us had too many cent of our crude. So the same people from Iowa on the issue of the minimum different ideas. We are here now sitting supplying that phenomenal growth in wage. My guess is, before the legisla- as Senators while the American con- China are also supplying us with our tive year is out, we are going to vote sumer is spending more today for gas crude. Our refineries are now operating on this issue. I believe it is important at the pump or gas that goes to the at record high rates. Gas production is the Congress express its will. Certainly home for heating than ever in our his- running at record levels all over the the minimum wage is a part of the tory. country. Throughout the year, demand total economic makeup of our country, Shame on us. Shame on us for deny- continues to be strong, as we try to get and we need to be concerned about it. ing a contemporary, modern energy the economy going again. It is going, When we are talking about welfare re- policy. We have not touched energy and it is growing. That is part of the form, we know good-paying jobs are a policy in our country for the last 14 reason for these record prices. part of getting people off welfare. years. As a result of that, our policy is Let’s talk a little bit about big oil. We also know creating an economic obsolete. It doesn’t fit modern Amer- Let’s talk about the collusion some climate in which jobs can grow is an- ica. suggest might be out there. The attor- other way of making sure we have As I said yesterday and the day be- ney general of the State of California good-paying jobs, be they minimum fore: Consumption overall as a part of did exactly what you would expect. We wage or slightly or substantially per capita has gone down, whether it be better go out and investigate big oil above. It is the whole of the economy with the individual consumer or wheth- again because gas prices are over $2.30 that makes our country what it is. It er it be with corporate America or in California. Investigate, if you will, provides for the middle class and the business and industry. But growth in but I offer the following for the record; upper class and all of those others who our country has gone up. Yet we have that is, the reality of all of the inves- have been the tremendous energy and largely denied our country a progres- tigations we have had. We have had 29 engine of this economy for so long. sive supply-related energy policy. In State and Federal investigations over The day before yesterday and yester- other words, we have simply ignored the last several decades. Most recently, day, I came to the Chamber to speak the reality of the marketplace of sup- the U.S. Department of Energy looked about the ever increasing price of en- ply and demand. at it and said: Demand exceeds supply.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3421 What happens when demand exceeds to meet demand of the drivers of Cali- I ask unanimous consent to print in supply? The price goes up. fornia today. the RECORD a list, starting in May of California Energy Commission—I Connecticut Department of Con- 1973 and going through this past year of guess the attorney general out in Cali- sumer Protection—while numerous fac- 2003, of literally almost 30 different in- fornia ought to listen to the energy tors contributed to sharp increases in vestigations, State and Federal, as it commission. What drove increases were gasoline prices this summer, whole- relates to big oil. Every one of them unusually high costs for crude in a salers and retailers were not hiking found there was no collusion. world market. Is that collusion, or is prices to pad their profits. that supply and demand? Again, a marvelous thing is hap- There being no objection, the mate- California, listen up. There is your pening out there. The marketplace, rial was ordered to be printed in the problem. It is called not enough supply supply and demand. RECORD, as follows: COMPLETED INVESTIGATIONS OF OIL INDUSTRY PRICING

Date of investigation Investigating body Description of probe

May 1973 ...... FTC ...... ‘‘. . . investigation of competition in the industry is incomplete and no decision about any antitrust action has made made’’—New York Times. August 1975 ...... Pennsylvania ...... Grand jury investigation underway—Newsweek. 1977–1983 ...... DOJ ...... ‘‘The Justice Department yesterday ended a six-year investigation it said produced scant evidence that the major oil companies had conspired to run up the price of Persian Gulf oil in the late 1970s.’’— Washington Post. May 1979 ...... DOJ ...... ‘‘President Carter orders investigation of gasoline shortages in California. Report cites loss of Iranian crude supplies following overthrow of the Shah and finds insufficient evidence of collusion.’’—Hous- ton Chronicle, May 29, 1996. 1984 ...... DOJ ...... ‘‘investigates increases in home heating oil prices in the winter of 1983–84.’’—Houston Chronicle, May 29, 1996. 1989 ...... 37 State Attorneys General ...... ‘‘Over half the states . . . have launched investigations of possible price-gouging . . . Thirty-seven state attorneys general wrote to the Justice department requesting an investigation of gas-price increases.’’—St. Petersburg Times. January 1990 ...... DOJ ...... ‘‘. . . again looks into home heating oil and propane prices after prices spiked during an especially bit- ter cold snap in December 1990.’’—Houston Chronicle, May 29, 1996. August 1990 ...... DOJ ...... ‘‘The antitrust division began the investigation on Aug. 6 in response to the nearly immediate increase in gasoline prices after the invasion [of Kuwait].’’—New York Times. ‘‘The investigation is called off two years later.’’—Houston Chronicle, May 29, 1996. September 1990 ...... United Kingdom ...... ‘‘The five major UK oil companies, Shell, Esso, BP, Texaco and Mobil, were today cleared by the Office of Fair Trading of fixing petrol pump prices . . . There was no evidence of collusion . . .’’—Press Asso- ciation. 1993–1995 ...... North Carolina ...... ‘‘Apparently, the monopoly question needs further study.’’—Charleston Gazette (editorial). AG Investigation Initiated in 1994 ...... Minnesota. 1994–1998 ...... Arizona ...... ‘‘Gas prices in Arizona are high, but don’t blame hush-hush price-fixing meetings in corporate board- rooms, the Attorney General’s Office concluded in a report released Monday after a four-year investigation.’’—Arizona Republic. May 1996–May 1997 ...... DOJ ...... ‘‘Bingaman has set up a five-member panel of attorneys and economists within the division ‘to study recent increases of gasoline prices.’ If this task force finds that market forces are not responsible . . . it will investigate to determine whether there is any evidence of collusion within the industry.’’— BNA Antitrust & Trade Regulation Daily. ‘‘No enforcement action was taken,’’ a DOJ spokeswoman said.—Houston Chronicle, May 20, 1997. ‘‘The [DOJ] completed its investigation of rapidly rising gasoline prices that occurred last spring by declaring it found no evidence that refiners and marketers engaged in price fixing or any illegal activity.’’—21st Century Fuels, June 1997. May 1996 ...... Canada ...... ‘‘The [Competition] Bureau first investigated allegations of collusion and price-fixing in 1973. Several subsequent inquiries have all produced the same result: no evidence was found to prove that the big oil companies act in concert to dictate retail gasoline prices.’’—Maclean’s, May 27, 1996. ‘‘Officials from the departments of industry and natural resources say privately that the inquiry . . . is unlikely to uncover a sinister conspiracy by the oil companies to fix pump prices that often fluctuate in unison according to gas supplies and the time of year.’’—Maclean’s, June 3, 1996. October 1997 ...... Connecticut ...... ‘‘The U.S. Conference of Northeast Governors (CONEG) . . . called on major oil companies to explain recent gasoline price increases, and Connecticut Gov. John Rowland (R) is expecting a report this month that might be referred to the State Attorney General for an investigation into possible price-fixing.’’— Octane Week, October 13, 1997. May 1998 ...... FTC ...... ‘‘After an almost three year investigation, the Commission found no evidence of conduct by the refiners [in the Western States] that violated federal antitrust laws.’’ FTC press release, May 7, 2001. Inves- tigation closed. May 1998 ...... Iowa ...... ‘‘The Iowa Attorney General’s office launched an investigation into price fixing in Dubuque and Waterloo. The Attorney General’s office said from the beginning that proving price-fixing without insider would be difficult and did not find evidence of it.’’—Des Moines Register. GAO Study of California Prices Initiated 1999 ...... GAO ...... GAO study of California gasoline prices requested by Sen. Feinstein finds the state’s high gasoline prices are due to the strict supply and demand nature of gasoline. AG Investigation Initiated Summer of 1999 ...... California ...... Preliminary investigation reveals no evidence of wrongdoing; high gas prices may be the result of low competition in the market. AG Investigation Initiated Summer of 1999 ...... Alaska ...... ‘‘The investigation was initiated in 1999 in response to public complaints about the high price of gasoline in Alaska in comparison to other states,’’ [AG] Botelho said, ‘‘I am closing the investigation because there is insufficient evidence indicating a violation of the antitrust laws.’’—Governor’s Press Release (Nov. 21, 2002). AG Investigation Initiated Summer of 2000 ...... Iowa ...... ‘‘Iowa Attorney General Tom Miller said Thursday he uncovered no evidence of illegal price-fixing, collusion or antitrust violations while investigating spikes in gasoline prices last summer.’’—The Gazette, April 20, 2001. AG Investigation Initiated Summer of 2000 ...... Missouri ...... No evidence of wrongdoing. Investigation closed. AG Investigation Initiated Summer of 2000 ...... Indiana ...... No evidence of wrongdoing. Investigation closed. Investigation of Midwest Prices Initiated Summer of 2000 ...... FTC ...... No evidence of industry wrongdoing/collusion. Final FTC Report released March 30, 2001. Investigation closed. AG Investigation Initiated Summer of 2001 ...... New York ...... ‘‘Recent higher gasoline costs [in New York] are not the result of price gouging, price fixing or other collusion, conclude State Attorney General Eliot Spitzer.’’—Times Union, May 13, 2001. AG Investigation Initiated Summer of 2000 ...... Kentucky ...... Initial investigation of Kentucky gasoline prices last summer [2000] found no wrongdoing; specific investigation in Louisville’s West End remains open.—Cairrier Journal, May 11, 2001 Impact of Mergers on Gas prices; Initiated Summer of 2002 ...... GAO ...... GAO findings due to Senate Subcommittee on Investigations (Senate Government Reform Committee) by August 2002. AG Investigations Initiated Summer of 2001 ...... Minnesota ...... No evidence of illegal pricing behavior by retailers or refiners following terrorist activity of September 11. DOE Investigation of Gasoline Price Increases; Initiated Sep- DOE. tember 2003. Department of Consumer Protection ...... Connecticut ...... DCP press release of 11/26/03 states, ‘‘While numerous factors contributed to a sharp increase in gasoline prices this summer, wholesalers and retailers were not hiking prices to pad their profits . . .’’

Well, if they are not polluting, out United States. It is not profitable to I believe it is something like a return there conspiring to fix the market, own an oil company. You ought to own on investment of 1.4 percent. Oh, my they are profiteering. They have got to a bank. You ought to own diversified goodness. Is that profiteering? I don’t be making huge amounts of money finances, real estate, semiconductor think it is profiteering. I think it is today at $2.35 a gallon in California, or equipment, pharmaceuticals, and called return on investment versus $1.80 in my State. biotech. That is where the returns are, competition versus price of input prod- Look at last year on this chart. This 19 percent, 17, 16, 14, and 12 percent. is from BusinessWeek magazine. Let’s Let’s go find big oil. Where is big oil? uct. And the price of crude oil is $36. talk about the most profitable busi- Well, let’s see. Big oil is all the way That is the reality of what we are deal- nesses in the economic sector of the down at the bottom in the utility area. ing with.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3422 CONGRESSIONAL RECORD — SENATE March 31, 2004 Here is a problem out in California. about passing an Energy bill and devel- is saying: Wait a minute, energy prices Let’s go to the next chart because Cali- oping a national energy policy that are high and getting higher, and they fornia worries me. I am glad I don’t gets us back into production. Yes, are hurting the economy. It is time live there at the moment. I am glad I there is a Senator over there from Ne- that we do something about it. am not paying $2.35 or $2.40 a gallon. I braska who agrees with me. We are Here is the only thing I can do about am sorry that Californians are. This is talking about things that make for it, and I am willing to help my fellow a very interesting chart. It deals with good political ads but darn bad econ- Senators. Go to my Web site, if you what we call U.S. gasoline require- omy, at this moment. I don’t blame the would, craig.senate.gov. There are all ments under the Clean Air Act. We American consumer, and now the the facts and statistics on energy. Any- know we have air problems in heavily American investor who drives the econ- body listening can go there, too, and congested areas where air is stagnant, omy of our country, for saying high en- they can see who voted for it and and it doesn’t move as rapidly as in ergy costs are going to hurt us and are against it and their phone numbers. I some other areas. That is certainly hurting a lot. don’t think Senators ought to call Sen- true in the State of California. I mentioned on the floor of the Sen- ators. They ought to talk to them on Every one of these different colors on ate yesterday that I talked with a the floor and say that is the thing to this map represents a requirement for banker in Idaho who does a lot of oper- do. There are Senators in this body the refining industry to produce a ating lines for farmers—not big farm- who deserve a phone call and deserve to unique kind of product. We see in the ers but medium-size and small farmers. be asked why they voted against the State of California one, two, three— He called all of his branch bank man- conference report on energy, why they possibly four types of what we call bou- agers and said: See if that farmer can are denying the American consumer— tique fuels, or certain blends of fuel. afford a 20- to 30-percent cost in doing the minimum wage person, along with Every refinery has to shut down and re- business this year because that is the millionaire—a reasonable energy adjust before they can produce that where the energy costs are going to policy for this country, which sustains kind of fuel, and that kind of fuel costs take them on the fertilizer and hydrous our economy and creates jobs, and that more money than a standardized kind ammonia, a direct result of gas gone up allows us that competitive force we of fuel. As a result, it does drive prices almost 100 percent—how can we keep have always had in the world market. up, and we know that to be a reality. an abundant, safe, high-quality food We were not allowing it. The Senate is That is part of the problem we face supply if we are going to cause farmers not allowing it. when we look at our clean air stand- to produce less because they cannot af- There is a sole reason today why this ards in the Clean Air Act. I am not ar- ford to produce more? country does not have a modern energy guing we should not have the Clean Air Now, all of our chemical companies policy that involves production, that Act, but there are times when reason- are headed offshore to cheaper gasoline involves conservation, that involves able flexibility ought to be offered because we are too busy locking up the new technologies, that involves new re- when consumers are paying unprece- public lands of the West and denying sources. The reason is the Senate is de- dented prices, or maybe we ought to be exploration, all in the name of the en- nying that. They have denied it now concerned about refinery capability vironment. We are now talking about for 2 years, and it is time we ante up, and capacity. We have lost numerous raising the minimum wage, and we we get honest with ourselves and have oil refineries in the continental United cannot even create jobs in other wage a vote. States over the last good number of categories because we will not allow Go to my Web site if you want, I say years. Many of our companies today the investment. One of the great com- to my fellow Senators. There it is: are saying it is better that we—here is petitive characteristics of our country Craig.senate.gov. All the facts and fig- that bad old word—outsource if we is the tremendous ingenuity and initia- ures are there. The voting records are want to keep prices low in this country tive of the American workforce and low there. It is time we get honest with because Federal regulations and cer- energy costs. Historically, our great ourselves. It is time we drop the price tain State standards are costing us a wealth was driven by low energy costs. at the pump instead of breaking the great deal of money. Now, we are no longer in that category. piggy bank from which we all live. In the area of gasoline, to understand We are competing in a much tighter That is my priority, and I think as the reason it is $1.80 in Idaho and $2.35 world market because somehow in the American consumers pay the bill, it in California, look at the map. There is decades of the 1980s and 1990s, we forgot will become their priority. I wish it part of the reason. It is not all of the you had to produce it before you could was the Senate’s priority. reason, but a substantial part of the use it. As a result, now we are 60-per- I yield the floor. reason that we are dealing with energy cent dependent upon foreign oil—60- The PRESIDING OFFICER. The Sen- in a way that is very frustrating. Here percent dependent upon someone other ator from Nebraska. is the most frustrating thing to do, than an American for determining the Mr. NELSON of Nebraska. Mr. Presi- along with not being able to pass an price of gasoline at the pump. Well, dent, I agree with much of what my Energy bill. When we talk about the shame on us. It is a very real world we colleague from Idaho said with respect economy and jobs and job creation— live in, and that is the consequence we to passing the Energy bill. I think it is this is the investor thinking at this are dealing with. important we find ways to become far moment—the average investor who So why are we not debating an En- more energy independent, rather than puts money in the business that cre- ergy bill on the floor of the Senate? dependent, on foreign sources of oil. In ates jobs—here is investor attitude this Our President, when he came to office, addition to looking for ways to become month. In fact, it comes from a head- while he was still President-elect, said self-sustaining in our energy needs, we line in a Gallup poll survey. It says: the No. 1 priority in this country was need to look to the Western Hemi- ‘‘Overall investors’ optimism declines to develop a national energy policy. He sphere for a Western Hemisphere en- for the second month in a row in acted quickly, put a team together ergy policy to bring together the coun- March.’’ The No. 1 reason for the de- under the Vice President. They rec- tries in this hemisphere to work joint- cline in investor attitude was the price ommended a variety of ideas to us in ly for our energy needs. I will have of energy because an investor looking their policy. That was 3 years ago, or more on this in the future. I commend at a company knows that company is more, and we are still sitting around my colleague for his comments about going to have to pay for energy as a debating it and saying we cannot get the importance of getting an Energy part of the output of that company, there. Now the American consumer is bill. We need to look at renewable and it is going up dramatically. Sixty- paying at the highest price ever. sources of energy. four percent said high energy costs are Doesn’t the Senate get it? I don’t I know my colleague from Iowa will hurting the economy a lot. think so. I think the politics of energy agree that soy diesel and ethanol would If you listen to the rhetoric on the is so sweet that somehow we deny the be just a few of the kinds of things we floor of the Senate for the last several reality at hand. I think it is time to could do as an alternative energy pol- days, you would not have gained one cease denying that reality. Here are icy, and they are all included in the inkling of that. Nobody has talked the facts. The investment community Energy bill the Senate has passed on a

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3423 couple of occasions and hopefully the Lincoln Journal Star reports Nebraska their own paths to success and assures White House will work with the House leaders had to borrow from the State’s they will have the institutional assist- of Representatives to fashion their cash reserve fund to make payroll and ance they need to follow it. version of a bill that will mesh with pay its bills this week. In fact, $58.2 Our amendment would also include ours so we can ultimately pass in the million, which is the exact amount Ne- targets for increasing the State’s per- very near future an Energy bill for the braska received in additional Federal formance, not just increasing employ- United States so 60 percent reliance on funds this year, was borrowed from the ment and job retention, but in tracking foreign sources can be reduced as dra- reserve to fund schools and other pro- entry earnings and earnings gains and, matically as we possibly can do it, as grams throughout the State. most importantly, child well-being. quickly as possible as well, so we can The Federal funds stored in the This is vital because reducing the wel- become self-sustaining with our energy State’s reserve have helped States dur- fare rolls will mean little if it comes at needs. ing this recession period. Those funds the expense of children. The amend- I wish to also talk today about the came from a State fiscal relief measure ment would institute penalties for effort that has been undertaken since sponsored by my colleagues Senator States that fail to meet their agreed- at least 1996 by Congress and the pre- SUSAN COLLINS of Maine, Senator JAY upon targets because it means little if vious administration, and that is the ROCKEFELLER of West Virginia, Senator it is not accompanied by results. fundamental reform of the welfare sys- GORDON SMITH of Oregon, and myself. This proposal will expand upon exist- tem. This system, while seeking to pre- This is exactly what that State fiscal ing reform measures and will help vent hardship among those hurt by relief effort intended: to provide fiscal strengthen States’ abilities to assist economic deprivation by providing a assistance to help States, such as Ne- those most in need while giving them safety net, had unfortunately become a braska, that are facing chronic budget the tools they need to succeed. It is spider web. Too many families were shortfalls and help them meet their ob- worth pointing out this amendment is caught in the cycle of poverty, and the ligations. sponsored by four former Governors. system that was supposed to help them It is important to remember this wel- We understand the role of the States became instead complicit in maintain- fare reform bill will also help States in making welfare reform a success being the cycle. continue to meet those obligations. cause we have all been there. States Chief among those reforms was pro- For example, the State of Nebraska can do more. They want to do more. viding more flexibility to States. As a sharply cut back eligibility for This amendment will help them meet Governor at the time, I saw firsthand childcare assistance from 185 percent of the unique needs of their citizens by the results of giving those closest to poverty to 120 percent of poverty. As a tailoring their programs to address the the unique challenges of the system, result, about 1,600 Nebraska children needs of recipients in their States. the States, the ability to implement lost childcare assistance from the I recall the times when it was nec- changes to the welfare system. State. essary to come to Washington to get In Nebraska, we instituted a program Yesterday the Senate adopted an the approval of Health and Human called Employment First. This was a amendment to add $6 billion for Services to take a unique approach. fundamental change to the way welfare childcare services to this bill. Under This was time consuming, expensive, worked. No longer would a person auto- that amendment, Nebraska would re- and delayed the process. What we want matically be entitled to benefits if ceive $40.8 million of that money to to do is give the Governors the oppor- able-bodied. He or she had to sign a help the State provide for Nebraska’s tunity, through their legislatures, to contract which laid out a plan for be- children. I am proud to say I was one of address the needs of recipients in their coming self-sufficient. The maximum those in the majority who voted for own respective States, under the the- period of being eligible for benefits was that amendment. ory of the States as the laboratories of 2 years barring extraordinary cir- With flexibility, the States can tailor democracy as envisioned by Thomas cumstances. Yet Employment First their programs to meet their specific Jefferson. We want to give them the also recognized some persons, espe- needs and save money in the process. A opportunity to make those changes and cially single women with children, large part of our success in Nebraska in meet the needs of their respective citi- needed additional help with family the 1990s was due to the new flexibility zens. matters such as childcare and trans- allowed under the 1996 law. We now portation. want to expand that flexibility so more I thank my colleagues, Senator We provided transitional aid for States can craft their own unique ALEXANDER, who has arrived on the these challenges, even after they found methods to succeed. floor, Senator CARPER, and Senator employment; if you will, a bridge from Yet Employment First also recog- VOINOVICH for their hard work on be- welfare to work, a bridge that was put nized some persons, especially single half of welfare recipients and their ef- in place to help people become self-suf- women with children, needed addi- forts on this amendment. I urge my ficient in the process of finding em- tional help with family matters, such colleagues to support this amendment ployment and leaving welfare. as childcare and transportation, and and help the States help their resi- Public officials were encouraged to with the Federal funds that were pro- dents. consider a new view of the measure- vided were able to do that. The PRESIDING OFFICER. The Sen- ment of assistance. Instead of focusing Today I wish to talk briefly about ator from Tennessee. on how many were added to the rolls, the Alexander-Nelson-Carper-Voino- Mr. ALEXANDER. Mr. President, I they looked at how many entered em- vich amendment or, if I am talking to simply wanted to congratulate the ployment. That change in vision pro- Nebraskans, the Nelson-Alexander-Car- Senator from Nebraska on his com- duced dramatic results. The total Ne- per-Voinovich amendment that would ments. He and I served as Governors, as braska caseload dropped 11 percent by provide that flexibility to the States. he said. We may not have gotten over 1998, the lowest number in 18 years. Av- Our amendment would create the ac- that entirely as we look at legislation. erage monthly caseloads fell 30 percent countability for a results demonstra- We strongly support the revolutionary from 1993 levels. A family’s time on as- tion project to provide greater flexi- change in American life the welfare resistance had been cut almost two- bility to up to 10 years. But we form bill has brought since 1996. Half of thirds to 11 months from the time wouldn’t just provide flexibility, we those on the welfare rolls are off. The under the old system, and Nebraska would demand results and account- hardest cases remain. taxpayers saved $14 million moving ability. States participating in the What we are attempting to do with families from dependence to independ- project would be required to ensure all this amendment is to suggest that we ence, from welfare to work. adult TANF recipients have a self-suf- want to try, with up to 10 States, to This is important to note. Nebraska ficiency plan, much like Nebraska. give the Secretary some flexibility in saved $14 million under the new sys- As I said, we have put this to work in finding the best way to help people get tem. It is important because States, in- Nebraska. It has made a tremendous from dependence to independence. If cluding Nebraska, are now facing seri- difference in how recipients look at State plans using a combination of ous budget shortages. In fact, today’s their own lives. It helps them map out work and removal of barriers to work

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3424 CONGRESSIONAL RECORD — SENATE March 31, 2004 and a variety of other factors can do tion, and availability of fuel in the fu- These are 3 of the 13 different rec- that according to measurable results, ture, and essentially the conclusion ommendations contained in the letter. then that will give us some successes was the effect of that legislation would None of those recommendations re- now and information we can use when be negligible. Let’s not give people the quires legislation to be passed. we consider this bill in the future. impression the problem of high prices Clearly, there are provisions of law I congratulate the Senator from Ne- at the pump is going to be solved by that I favor enacting and I think we braska on his leadership and look for- the Senate going ahead and passing a should try to enact before the end of ward to working with him on the particular energy bill at this stage. this Congress, and I hope we are able to amendment. I would also point out what we all do so. To leave the impression that in- The PRESIDING OFFICER. The Sen- know, which is that we have passed an action in dealing with the price of gas- ator from New Mexico. energy bill in this Senate in this Con- oline is purely a failure of the Congress ENERGY gress. We passed an energy bill in this is just misleading. Mr. BINGAMAN. Mr. President, I rise Senate in the last Congress. So it is For that reason, I urge everyone to to very briefly speak about some of the not that the Senate has been unwilling review that letter I sent last week. I issues my colleague from Idaho raised to act on responsible energy legisla- hope we will have more debate in the related to the high price of gasoline at tion. coming days about those steps that can the pump. I am afraid the impression The third item I wanted to talk be taken in the near term to deal with was created by my colleague that if the about is this whole issue of boutique the very high price of gasoline and to Senate were just to go ahead and pass fuels. My colleague from Idaho cor- deal with the very high price of natural the energy bill that is now on the Sen- rectly pointed out that one of the prob- gas, which, of course, we are seeing in ate calendar, that would solve the lems we have and one of the reasons the utility and heating bills we all problem of high gas prices for the why prices stay higher than they have to pay. American consumer. I think we need to should is there is not enough what is I know my colleagues are waiting to dispel that notion if that was the im- called product flexibility, that we do speak. I yield the floor. The PRESIDING OFFICER. The Sen- pression that some people had. not allow refiners to produce product The truth is, there are three big which can be shipped to enough parts ator from Washington. Ms. CANTWELL. Mr. President, I issues I heard referred to. One is clear- of the country. We have too many dif- know we are here today to talk about ly production of oil is not what it needs ferent types of boutique fuels and too TANF, the Temporary Assistance to to be relative to demand today to bring many formulations for these boutique Needy Families program. That pro- prices down, and the world market is fuels around the country. There are es- gram is a safety net for the American indicating that. We received the very timated now to be 110 formulations of public. I want to talk about another unfortunate news this morning that these boutique fuels. safety net program—the safety net for What I recommended to the Presi- OPEC had decided to go ahead with the American workers—that will provide dent is what the Cheney energy task cut in production they had earlier its last benefit today, March 31. Today force recommended nearly 3 years ago, talked about. That is unfortunate. is the last day any American worker Some of the media has speculated that and that is the Administrator of the will receive benefits from the Tem- would result in $40 per barrel of oil in EPA be directed by the President to porary Emergency Unemployment the reasonably near future. If that is work, with technical assistance from Compensation program, which has been the case, then we will see very high the Secretary of Energy, to require re- providing the last of the Federal unem- prices for gasoline in this summer driv- visions of State implementation plans ployment benefits to those who came ing season. to reduce the overall number of fuel onto the program before it expired on In a letter I sent to the President specifications by at least a factor of 5, December 21. As of today, there are 1.1 last week on March 24, I had urged the and preferably closer to a factor of 10. million people who have exhausted administration to do all it could to dis- This is not something that requires their State benefit without any Fed- suade the OPEC nations from going legislation. This did not require legis- eral program to pick them up. ahead with that proposed cut in pro- lation when the Cheney task force rec- This is more than a dozen times that duction. I do not know what actions ommended it; it does not require legis- I have been to the floor to talk about the administration took. Clearly, if lation now. this program and the need to reinstate they did take actions they were not ef- In fact, when people go back and look the Federal unemployment benefits fective, and accordingly the amount of at the Cheney task force recommenda- program. I think my colleagues clearly oil being produced by OPEC nations tions, there were 105 recommendations understand why I am here. In fact, we will decrease and that will add to the listed. They are all detailed in the ap- have had a majority of my colleagues problem of high prices of gasoline at pendix to that report. By the adminis- in the Senate and a majority of my col- the pump. tration’s own calculation, 76 of the 105 leagues in the House support a rein- A second item mentioned by my col- do not require legislative action; they statement of this Federal program for league from Idaho was that there is in- are recommendations for administra- unemployment benefits. The reason adequate refining capacity. That is tive action. they have supported this program is clearly true. I recognize that. It is one This recommendation to the Director that our economy has not recovered of the items we deal with in this letter of the EPA to deal with this boutique from the recession and has not created I sent to the President last week. In fuels problem is one of those actions enough jobs to get America back to that letter, I have urged that the Presi- that can be taken by the administra- work. That means Americans who have dent take the necessary steps to bring tion without any action by this Con- been unemployed through no fault of the parties together and to identify gress. Again, it is one of the items I in- their own, who are going out, hitting what the barriers are to the construc- cluded in the letter we sent to the the pavement, trying to find jobs, can’t tion of additional refining capacity in President last week urging that they find work. this country. move ahead with this. As far as I am The Federal program for unemploy- That is not something we are pro- informed, there has been no action ment benefits was created to take care posing to legislate in an energy bill. taken on this since May of 2001, when of Americans during times like this. There is nothing in the energy bill that the Cheney task force report was re- That is why we have, in the past 2 deals with expanding refining capacity. leased. years, supported a Federal program I do not want anyone who has been These are things that could be done. that provides 13 weeks of Federal un- watching this debate to think by pass- None of them, in and of itself, is going employment benefits to all states and ing an energy bill the problem of refin- to dramatically affect the price of gas- 13 additional weeks for other States ing capacity will be solved. oline at the pump, but together they that have unemployment rates signifi- The Presiding Officer asked the En- would help moderate the prices of gaso- cantly higher than the national aver- ergy Information Administration to do line as we move into the summer driv- age. a report as to the effect of the pending ing season. For that reason, I think I have come to the floor today be- energy legislation on prices, produc- there are actions that should be taken. cause today we are leaving that last

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3425 person in America, who today is receiv- to help them. Their employers paid the people who lost their jobs in the ing his or her last bit of federal help, into this program for this very cir- 1990s were actually able to go some- out in the cold. And we are going to cumstance, when the economy is suf- where else and get a new job. Today, continue to see thousands more Ameri- fering from the aftershocks of a reces- people don’t have that same oppor- cans left out in the cold every week. sion and there are no jobs to be had. tunity once they have lost a job to find I met with many of my constituents That is why we want to help these indi- other employment. who have had to cash in their pensions, viduals with a bill to reinstate the un- A Business Week article came out or who have had to withdraw from employment benefits program. just a few weeks ago entitled ‘‘Where long-term savings meant for college Let’s look at the rest of the country Are The Jobs?’’ I recommend it to all tuition, or who have had to take all because some of my colleagues seem to my colleagues. It goes through each of sorts of extraordinary measures to think that apart from a few states with these issues and greatly amplifies the make sure they can continue to pay high unemployment, things aren’t so problems we are facing and why it is their bills. They have had to take these bad. I know Washington State has been imperative for us to do something measures because we have not owned hit hard. In fact, the Northwest as a re- about jobs and unemployment benefits. up to our obligation, which is to help gion has topped the unemployment We see executive salaries have gone up individuals and the economy in a time rate spectrum for some time. So, there and corporate profits have gone up, but of recession. are those who say this is a Washington then number of jobs has actually gone Let’s recap this issue and how we got state problem, or a Northwest problem. down. to this point. Many people look at this Yes, we were deeply affected by 9/11. Again, I am not saying it is horrible debate and see what amounts to fairly Washington is heavily dependent on that we have had productivity in- minor job growth and conclude that aviation. Yes, there was a huge down- creases—not at all. I’m just saying the economy is going to get better. I turn in the aviation industry. There is that if we only look at Gross Domestic am all for the economy getting better. no surprise that people don’t want to Product, we miss a key part of the I actually believe in the potential of fly when you have an international re- story. Everything isn’t fine if you are many sectors in the American economy cession going on. No wonder people not creating jobs. to lead us back to a stronger place. I don’t want to travel. That has started Let’s take a look at a cartoon from believe in aviation and biotech and to recover now, after almost 2 years. one of my favorite cartoonists from the nanotechnology and software. Someday But this is not only a problem for the Seattle paper. I thought this cartoon jobs are going to grow in America. Northwest. depicted the problem best. While the Right now, however, we are still feel- Look at these numbers throughout CEO compensation is going up, middle- ing the aftershocks of a recession. the country: In Ohio, 168,000 manufac- class wages and the number of workers Back in 2002, the Bush administration turing jobs lost since 2001; in Texas, with health insurance is going down. projected that the economy would lose 175,000; my State, 66,000 jobs; Cali- These workers are the people who are about 100,000. What happened in 2002, fornia, 350,000; Pennsylvania, 154,000. barely holding on in this difficult econ- however, was that we actually lost 1.5 Practically all across America, save omy. million jobs in America. The Adminis- Nevada—maybe the Senators from Ne- That is what we have to recognize— tration did not have a handle on what vada could tell me why—and Alaska, millions of Americans are barely hold- was going on with the economy, which every state has lost manufacturing ing on. I am not saying our colleagues resulted in job projection that were jobs since Bush took office. This is are totally heartless about this. But way off. only manufacturing jobs. In the North- when you know that there are 1.1 mil- In 2003, the Bush administration west we have lost jobs in software and lion people without a paycheck or an tried again. They projected that the in a variety of other industries. But unemployment check, and you know economy was actually going to pick up. this chart proves it is a nationwide that you have the power to do some- problem. Everywhere in America, ev- A lot of us, while we might not have thing about that and you don’t, I start erywhere, we have lost manufacturing agreed with the President’s economic to wonder whether either there is some jobs. That has been a challenge to the policies, wanted to hope for the best heartlessness, or whether it is just a and wanted to see economic growth. American workers. Let’s talk about this as an economic fundamental misunderstanding about We wanted those Americans who were issue because, having been in business, what is going on with the economy. without jobs to actually find employ- I want my colleagues to understand You can’t just simplistically say every- ment. But, the economy in 2003 cer- that this is a complex problem. We thing is great because gross domestic tainly didn’t perform the way we ought to celebrate the high produc- product and productivity are up. It thought it was going to perform. Even tivity growth. This high growth means doesn’t work that way. We have to get though the White House projected 1.7 the economic pie is getting bigger but serious about this. million new jobs, the economy actually all that extra money in Gross Domestic As the Business Week article pointed lost 406,000 jobs. Product has actually gone to corporate out, because of technology, cost pres- That leads us to 2004. The President profits. sures, the price of health care and po- and his economic advisers have pro- Now, it is not a bad thing for compa- litical and economic problems the link jected that the economy will grow by nies to be profitable. They need to be. between strong growth and job cre- 2.6 million jobs this year. And by God, They want to give a return to inves- ation appears to be broken. We don’t this Member of the Senate would sit tors. There is nothing wrong with that, know what is wrong. down and not say another word about in and of itself. But what is wrong is That is a quote from Business Week. unemployment benefits if this adminis- when we fail to recognize that inves- That is a business publication that tration would say that they actually tors are winning, but laid-off workers talks to businesses, reports on busi- believe in their projection. I would sit are not. Our economy is not behaving nesses, reports on profitability. So down and not say another word on un- the same way it did in the past. We are when Business Week asked where the employment benefits, even though they seeing a growth in productivity jobs are, they answered that the link were wrong in 2002 and 2003. But, in growth, but that has not actually between strong growth and job cre- fact, three Cabinet Secretaries of the helped us produce jobs. ation appears to be broken. administration came to my State, and In the 1990s we had some job loss, but This article chronicles these pres- when asked about the projection of 2.6 we also had tremendous job growth. sures, which are quite obvious if you million number jobs—their own projec- People don’t think about that. They think about it, how technology is in- tion—they basically said: Well, we think in the 1990s it was probably just creasing productivity, how we have in- don’t really believe those numbers. It go-go-go and everything was very nice creased global competition, how we is kind of a rounding error. for America. have skyrocketing health care costs, I can tell you that the constituents We actually had a lot of job loss in and numerous other things. So, em- of my State and across America are the 1990s. ployers aren’t hiring, but then why not a rounding error. They are people The point is we had more job growth hasn’t the unemployment rate in- who are counting on a Federal program than we had job loss. So, unlike today, creased?

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3426 CONGRESSIONAL RECORD — SENATE March 31, 2004 Some of my colleagues have pointed ment trust fund ought to get the sup- According to them: out that the unemployment rate is port they deserve. As of February 2004, 35 states have failed to holding at 5.6 percent. They say that I remind my colleagues that a major- get back to their pre-recession employment we don’t have to do anything about the ity of Members in both the House and levels. Furthermore, 49 states have not cre- unemployment insurance at the Fed- the Senate—58 Members over here and ated enough jobs to keep up with the natural 227 Members in the House of Represent- growth in the number of potential workers, eral level. Well, we cannot hang our as job growth has lagged in working-age pop- hat on the 5.6 number because that atives—have voted in support of rein- ulation since March 2001. As for the unem- number hides what is really going on stating this program. ployed, 43 states have higher unemployment with jobs in America; chiefly, that peo- The fundamental question for an un- rates than when the recession began. ple are dropping out of the labor force. employed person sitting at home— And, lastly, they go in and point out If we count the 392,000 people who whether you are in Detroit or Pitts- a projected job creation of 306,000 jobs gave up looking for jobs, we find the burgh or in Washington State—is if per month. Obviously, we are way off unemployment rate would be more like both the House and Senate have a ma- those numbers. 7.4 percent. jority of Members voting for this, if we According to the Bureau of Labor But, my colleagues want to say all is have the Secretary of Treasury sup- Statistics, which does not have a polit- fine at 5.6 percent. That is a great porting it, if we have the President’s ical ax to grind at all—national job number. We should be happy with it. spokespeople saying they will work creation has fallen over two million Don’t worry. Let us all go home. We with the Congress on it, why can’t we jobs short of that pace. . . .job growth have jobs. We can pay our mortgage get unemployment benefits for the projected for the Bush Administra- payments, but not everybody in Amer- American worker? tion’s economic plan has fallen short in ica can. We have 1.8 percent of the I am not going to continue to belabor 49 of the 50 states as of February 2004. labor force totally out of the picture. If this point on the floor. Thirteen states have actually lost jobs I go back to my business experience. we look at the unemployment rate, it since the Administration’s tax cut was I trust the fact that people who under- would be more like 7.4 percent. supposed to start creating job growth. stand business and how to stimulate The question is whether we are going I was not sure if my colleague was the economy know something needs to to keep hiding behind these economic aware of those numbers. Don’t they happen. indicators and claim the economy is make the case even further? These are This Business Week article didn’t numbers released today, not going rosy for American workers. It may be give a knee-jerk reaction to our prob- rosy for corporate America and for back 6 months. But they point out, lem. There are probably 40 pages in once again, the sluggishness, to put it shareholders, but it is not so rosy for this publication about this issue—why the American worker. We have to come mildly, of job creation. we have the unemployment rate, what I wonder if my colleague has any to terms with whether we are going to our economy’s illnesses are, and what do our job are reinstate the Federal statement on that? we can do to recover. It is a very Ms. CANTWELL. I thank the Senator program or not. thoughtful piece. They conclude that Is that such a bad idea? I don’t think for his question. Government action will act as a bridge I had not seen those specific num- it is such a bad idea. I think it is pret- and will help the economy cross over ty simple. bers, but for the year 2004, the estimate the extended valley of almost non- was for 2.6 million jobs. And if you I am kind of amazed it isn’t more existent hiring. clear to my colleagues how unemploy- take that by a monthly basis, our pace I think they have said it best. It is should be more at 250,000 jobs. We have ment insurance fits in with a construc- time for us to act. It is time for us to tive economic plan. My support for this now seen the January and February do something on this issue. numbers, and they are nowhere close to program is not because it as a social UNANIMOUS CONSENT REQUEST program. As a former businessperson I that. In fact, December and January I ask unanimous consent that the were actually revised down from their view it as economic stimulus. With Senate now proceed to calendar No. original projections. these benefits, laid-off workers con- 470, S. 2250, a bill to extend the Tem- Now, we will either see, this Friday tinue to put money into the local econ- porary Extended Unemployment Com- or the following Friday, what the num- omy and pay the mortgage and every- pensation Act of 2002 for displaced bers are for March. I do not expect thing else. That is helpful. workers, that the bill be read three them to be anywhere near close to the When Alan Greenspan testified before times and passed, and the motion to re- 250,000 range that would keep us on a committee this month, he said, ‘‘Ex- consider be laid on the table without pace for the original 2.6 million projec- tending unemployment insurance is intervening action or debate. tion. not a bad idea.’’ In fact, he said, ‘‘At The PRESIDING OFFICER. In my But the Senator is correct in saying times like this, I support extension of capacity as a Senator from New Hamp- the job growth is not happening, which unemployment insurance.’’ shire, I object. is the point I was trying to make. I see I wasn’t surprised when later I heard Objection is heard. the other side of the aisle has objected that Treasury Secretary Snow last Mr. DODD. Mr. President, will my to my unanimous consent request. I week at a hearing said, ‘‘If Congress colleague yield before she yields the have made my point on this issue. acts, the President will sign the legis- floor? Does the Senator have another ques- lation.’’ Ms. CANTWELL. Yes. tion? Well, there is one hat in the hat trick Mr. DODD. I commend my colleague Mr. DODD. If my colleague will yield gone of those who oppose this legisla- from Washington. She has talked about for one additional question. I heard the tion. At least we know now the Presi- this on numerous occasions. Again, she objection expressed by the distin- dent is saying he is going to support it. has very eloquently laid out a very guished chairman of the Finance Com- I wish he would call on a few Members thoughtful argument about exactly the mittee. Does my colleague from Wash- on the other side of the aisle. We could problems which exist across the coun- ington have any indication when we certainly use his help. try when it comes to job creation. As might get a chance to actually vote on I am also bolstered by the fact that someone who has spent an earlier part this matter? I think there have been even the White House Press Secretary of her life in the private sector—very 90,000 people a week, if I am not mis- Scott McClellan, at a press conference successfully, I might add—she brings a taken, who exhausted their unemploy- after Snow’s comments said, ‘‘We have very special knowledge and awareness ment benefits—90,000 of our fellow citi- always said we would work with Con- to these issues and this debate and dis- zens. Yet we cannot even get a vote on gress on the issue of unemployment cussion. whether or not we can extend these benefits.’’ I wonder if my colleague has seen the benefits. If that isn’t an invitation to pass this most recent statistics. In fact, they Is there any indication my colleague legislation today, I don’t know what is. were released today from the Bureau of has received or heard from the Repub- American workers who have been left Labor Statistics. I do not believe my lican leadership that we might get a out in the cold and who, with their em- colleague referenced them, but they il- chance to vote on whether we could ex- ployers, have paid into the unemploy- lustrate the point she is making. tend these benefits?

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3427 Ms. CANTWELL. Again, I appreciate Now, maybe I think things are going So are they suggesting we ought to the comments of the Senator from Con- to happen, but they might not because turn the clock back and forget about necticut, and his question, because I of something beyond what I know now. productivity, forget about raising the think this must be about the 15th time But I think they are going to happen. I standard of living in America? Do they or 16th time we have been to the floor know there have already been sugges- want us to become some Third World to ask for unanimous consent to bring tions made between the two leaders of economy over the period of the next 50 this issue up. It is a priority, we be- the Senate’s political parties—our re- years, if you went down that road, or lieve, for America, and it should be spective caucuses—to move some of do you want to do what America can do brought up. these important issues along. best, the other things Secretary Reich As to your question, I have heard But do the members of the Demo- is referring to? We have a knowledge rumblings from House Members in po- cratic Party in the Senate think only base in America. Take advantage of sitions of leadership from the other Democrats have important issues they that knowledge base. Create jobs that side that they, too, want a vote on it. want to bring up? Don’t they think are more productive and, in the proc- They are interested in having us send there might be a few Republicans who ess, raise wages and raise the standard them something. So I think the hat have something they want to bring up? of living. Those are the choices we trick needs to stop. We need to tell So you work these accommodations have. America who is holding up this bill. We out. That is what I think we ought to America is a dynamic economy. need to go forward in giving the Amer- do. Every month 7 million jobs go out of But what I would like to do, for just ican people the kind of security and existence, and 7 million jobs come into a few minutes, is speak to—not to chal- support they need in this economic existence. It would be ideal if it were lenge anything the Senator from Wash- more than 7 million jobs coming on downturn. ington said about unemployment be- I yield the floor. cause, factually, I do not think you can board. That hasn’t happened, and that Mr. DODD. I thank my colleague. do that—but there are other thoughts is why we have the 2.3 million jobs that The PRESIDING OFFICER. The Sen- that need to be put on the table at the are referred to all the time. ator from Iowa. Do you think it is always going to be same time. Mr. GRASSLEY. If she is yielding I made a presentation here 2 weeks this way in America? Absolutely not, the floor, then I want the floor. ago to try to bring into this debate because of the dynamic economy we The PRESIDING OFFICER. The Sen- points of view that are made by the in- have. It is because we are always en- ator has been recognized. tellectual wing of the Democratic hancing productivity that we are going Mr. DODD. Will my colleague from Party to offset what we have just heard to do better. Iowa yield—maybe we can work out a from the political wing of the Demo- You don’t have to be a defeatist when sequence. I know the Senator from cratic Party. And I quoted a former it comes to the economy. We have gone Texas has some comments. I presume Democratic Secretary of Labor in the through tougher times. We have gone others do, too—— Clinton administration, Robert Reich. through tougher times when unemploy- Mr. GRASSLEY. Would it be OK if I I want to quote him again because he ment was 25 percent, not 5.6 percent. take 5 minutes? writes very eloquently about job We got through it. America is stronger Mr. DODD. Absolutely. Even more. changes going on in America and about today. Don’t lose faith in America. Mr. GRASSLEY. Or even 6 or 7 min- job loss in America. Ms. CANTWELL. Will the Senator utes. I will quote this long paragraph: yield for a question? Mr. DODD. Even 10. It’s true that U.S. manufacturing employ- Mr. GRASSLEY. Yes, I will yield for Mr. GRASSLEY. That is what I ment has been dropping for many years, but a question. would like to do. that’s not primarily due to foreigners taking Ms. CANTWELL. I thank the Sen- First of all, the Senator from Con- these jobs. Factory jobs are vanishing all ator. This Senator has the utmost re- necticut asks a legitimate question of over the world. Economists at Alliance Cap- spect for him and his positions and his the Senator from Washington about ital Management took a look at employment understanding of this issue. He is right. when this might come up. There is an trends in 20 large economies and found that Productivity is something we want to orderly way of doing things around between 1995 and 2002, 22 million factory jobs had disappeared. embrace. It is good for America. You here. And usually in the Senate, the will not that I did not talk about the Now get this: leader—and that is not me; that is Sen- outsourcing issue. I talked about the The U.S. wasn’t even the biggest loser. We ator FRIST from Tennessee—sets the fact that these things are good and lost about 11 percent of our manufacturing agenda for the Senate. jobs in that period, but the Japanese lost 16 there are lots of sectors of the economy It is my understanding that right percent of theirs. Even developing nations that are going to be very robust for us now we are working on it. I do not lost factory jobs: Brazil suffered a 20 percent in the future, issues the Senator is well know whether the Senator from Wash- decline, China a 15 percent drop. What hap- advised on—nanotechnology, bio- ington or the Senator from Con- pened to factory jobs? In two words, higher technology, aerospace, and software. necticut has been in contact with the productivity. They are all going to be positive sec- leadership of the Senate so we can do He says: tors. things in an orderly way or whether I recently toured a U.S. factory containing The question is, what do we do in this they want to make political points. two employees and 400 computerized robots. particular recession when things But I hope they want to do it in an or- The two live people sat in front of computer haven’t been so positive? I certainly re- derly way because that is the way screens and instructed the robots. In a few years this factory won’t have a single em- spect the challenge the Senator has things get done around here. So it is ployee on site, except for an occasional vis- managing this particular legislation not with pleasure that I object right iting technician who repairs and upgrades and moving it through the process. I now, and look like a bad person to the the robots, like the gas man changing your have found him one of the most cooper- Senator from Washington—because she meter. ative Members with whom to work. has always treated me very fairly in The points about productivity she But I feel compelled to ask: Is it pos- her service in the Senate—and to ob- made very well, I believe. But here is sible, then, if we cannot pass this bill ject particularly when we are probably, the other side of that. You can create by Unanimous Consent, can we bring in a matter of hours or a few days, jobs and not have productivity—be in- up amendment No. 2940 for an up-or- going to pass this legislation. I am sure efficient, be uncompetitive, and not down vote which is a vote on the unem- it is going to be passed in a way so that have a business after a while. Or you ployment benefits and do that as part the unemployment compensation is can be productive because enhancing of the TANF legislation? seamless for those who are otherwise productivity in America is what it Mr. GRASSLEY. The Senator asks a entitled to it. takes to raise wages. If you want to in- very legitimate question. For my part, That is all I can do to answer the crease the standard of living in Amer- eventually we have to face this. I don’t question of the Senator from Con- ica, you have to raise wages. To raise care how we face it, as a separate bill necticut. It is my firm conviction it is wages, you have to enhance produc- or as an amendment. I think she has to going to happen. tivity. ask somebody just one step above my

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3428 CONGRESSIONAL RECORD — SENATE March 31, 2004 pay grade to get an answer to that. I Certainly, the chairman of the Fi- Obviously, we are not going to solve am not prepared to answer that. I do nance Committee, the Senator from that problem simply by raising the not have an answer from the people Iowa, was tremendously helpful in that minimum wage level, but we certainly that give it because, as I said, the lead- regard. I wouldn’t want him to leave want to give people a chance to be er sets the schedule. I respect the lead- without once again expressing my sin- hired for a little more than $5 an hour er, and I don’t want to put him in a po- cere appreciation for his support. I in the 21st century. As we begin trying sition. I might be able to say, but I have always been treated well by him. to move people from welfare to work so don’t have certainty of it. So I don’t We have served together now for al- they at least have a chance, once they want to put him in a bad position. most three decades in the Congress, get that job, to hold on and then move Ms. CANTWELL. I thank the Senator and we have always had a strong and into more independent living, they from Iowa. good relationship with each other. must be able to earn a livable wage. The PRESIDING OFFICER. Does the I was disappointed by the position of So I am terribly disappointed again Senator from Iowa yield the floor? the administration. To quote them that we have not been able to have a Mr. GRASSLEY. I yield the floor. from their bulletin: vote on this matter. I don’t think it is The PRESIDING OFFICER. The Sen- In considering this legislation, the admin- terribly complicated. A livable wage in ator from Connecticut. istration would strongly oppose any amend- the United States, certainly in light of Mr. DODD. Mr. President, there are ment that increases funding for the Child what happened since the last time we Development Block Grant fund. three or four of us here. Maybe we raised it, is in order—considering that should make a unanimous consent re- ‘‘Strongly oppose’’ is an indication of every administration, from the most quest. I plan on taking about 15 min- how they fail to understand what I progressive to the most conservative, utes. I would ask unanimous consent think the Senator from Iowa pointed has found time and space in which to that I be allowed to proceed for 15 min- out—certainly the Senator from Maine increase the minimum wage. This is utes. My colleague from Texas was did—the critical transition that is nec- one of the longest periods of time we next on the floor. I don’t know how essary from welfare to work, particu- have ever gone without increasing much time he would request, and then larly considering the jobs these people that. It has been 7 years since we have I know our colleagues from Wisconsin are able to get. Most of them are very actually raised the minimum wage. and from Delaware are here as well. low-wage jobs. Having a strong During that same time, by the way, Maybe we could set up a process so we childcare component is the lifeboat this body found room to increase our will have predictability to proceed. that will get them from one side of the salaries six different times; six times May I ask my colleague how much shore of this raging river to the other, we have raised our salaries. Yet, in 7 time he would like? the side of the shore from welfare de- years, we have not increased the min- Mr. CORNYN. Fifteen minutes. pendency to work. Mr. DODD. And the Senator from If you cannot get across that gulf be- imum wage. I have not objected to sal- Wisconsin? cause you have young children, as ary increases for Congress. I under- Mr. FEINGOLD. Twenty minutes. many of these people do who are pres- stand that. The point is, when we find Mr. DODD. And my colleague from ently on welfare—trying to get to time to debate and vote on matters Delaware? work, or those who work today barely that allow us on six different occasions Mr. CARPER. Ten minutes. holding on—then the likelihood they to raise our salaries and not on one oc- Mr. DODD. Mr. President, I ask unan- are going to succeed is very small. casion have we been able to raise the imous consent that at the conclusion There was a strong vote in this minimum wage or the livable wage for of my remarks, the Senator from Texas Chamber yesterday to support the ef- people living in the levels of poverty be recognized for 15 minutes, the Sen- fort to provide the assistance for lit- they do, this is something I find rather ator from Wisconsin be recognized for erally thousands of young children who distressing, to put it mildly. 20 minutes, and the Senator from Dela- are on waiting lists in 24 States that The great majority of welfare pay- ware for 15 minutes. we know about, some 600,000 who will ments go to single mothers. Unfortu- The PRESIDING OFFICER. Is there need that kind of assistance. nately, the kinds of jobs women leav- objection? I am terribly disappointed the admin- ing welfare find are often minimum Mr. GRASSLEY. Reserving the right istration strongly opposes childcare as- wage jobs, making it very difficult, if to object, I don’t think I need to ob- sistance. My hope is the position of not impossible, to sustain a family and ject, but I think there ought to be this body will prevail in the con- meet the demands of raising children. some consideration that if other Re- ference, if we get there. Life is precarious for low-income peo- publicans come to the Chamber, we I also want to comment briefly on ple, particularly for single mothers don’t have Democrats ganging up on us the issue of the minimum wage. I raising children. In the U.S., regardless to give one point of view. There ought thank our colleagues from California of whether they have been on welfare to be some accommodation to Repub- and Massachusetts who have raised it. or not, for them, survival is a daily licans if they would come over here. I The better description of this might be goal. If they work hard enough and don’t expect anybody beyond the Sen- called a livable wage. We talk about their hours are long enough, maybe ator from Texas to come over and the minimum wage, but what we are they can make ends meet, but only speak, but if they do, I would hope you really looking for is a livable wage. It barely. They don’t have time for their will be a gentleman and try to work is a standard we have embraced for families because they are working tre- them in so we let America know there years. Administrations, regardless of mendous hours, sometimes a couple of are two sides to every story. party, have always embraced the idea jobs to make ends meet. They are not Mr. DODD. I have no objection to of setting a floor of what ought to be a buying homes, going on vacation, going that. livable wage. It is hardly livable when to the theater, or symphonies, or buy- Mr. GRASSLEY. With that consider- you consider the poverty level for a ing extra clothes. They are trying to ation, I do not object. family of three is $15,700 and we are hold their families together. The idea The PRESIDING OFFICER. Without talking about people making $10,700 a of buying gifts for children, taking objection, it is so ordered. year working full time making min- them on special trips, that is not part The Senator from Connecticut. imum wage. That is $5,000 below the of the family’s agenda if you are part Mr. DODD. Mr. President, before my poverty level. I can’t even imagine of the 34 million people in this country colleague from Iowa leaves the floor, I anywhere in the United States one living in poverty. We are trying to get want to express my gratitude to the could live today as a family of three that minimum wage after 7 years to a Senator from Iowa, as I did yesterday, with a gross income of $10,700. And that point that makes it possible to at least for his support of the amendment of- is what we are talking about. make it a little easier to meet the fered by the Senator from Maine, Ms. There are 34 million people who are daily goal of survival. We must stop SNOWE, and me on the childcare provi- living in poverty in the United States. asking families to do it alone. They are sions. It was a significant vote: 78 to 20 In a nation of 280 million people, 12 working too many hours for too little was the final vote. million are children living in poverty. pay.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3429 Often these children who are being their family’s sole earners and 61 per- Everybody I have ever met wants to raised in this environment are not en- cent are women. Almost one-third of take pride in what they do. By giving tering our school system—particularly those women are raising children. An people a livable wage, we allow them to well prepared to learn. Talk to any increase to $7 an hour for a full-time, be able to say to their children and teacher in any rural area where there year-round worker would add $3,800 to families and neighbors: I do something. is poverty, or to a teacher who works their income. I have value. I have worth. in our inner cities where poverty ex- What does that buy? If you are living Providing an additional $3,800 over 2 ists. Without exception, regardless of in affluence, not much. But $3,800 for a or 3 years is not asking too much. I their politics, teachers will tell you minimum wage worker and their fami- would hope we could adopt the Boxer- children who are not getting the atten- lies means buying more than a year of Kennedy amendment. tion and time and care needed are groceries; 9 months of rent; a year and Mr. President, I yield the floor. starting their lives way behind. a half of heat and electricity in their The PRESIDING OFFICER. Under Ultimately, we pay a price in this homes; or full tuition for a community the previous order, the Senator from country for that. I will not suggest to college degree. I know there are those Texas is recognized. you the minimum wage solves all of who object to this increase and believe Mr. CORNYN. Mr. President, I rise to those problems. But should we not in it is going to slow economic growth in make a few comments about what I be- this great country, after 7 long years, the country. That is not true. lieve to be a better way than we have provide an extra couple of dollars an Ever since there has been a minimum heard today, which has so far been a wage increase, there has been no ill ef- hour so people might have a little bit proposal for greater Government regu- fect on economic growth in the coun- more income to provide for their chil- lation and intervention, more of a try. I suggest by doing this, there is a dren. We need to help raise wages for straitjacket on those who create jobs greater likelihood we are going to keep these families so they can make ends and create those livable wages about people in the workforce—even if they meet and improve the quality of their which the Senator from Connecticut are minimum wage jobs—and allow lives. One of the best first steps is to has spoken. them to provide the bare survival needs ensure the work pays a fair, livable I also want to say a few words in re- of their families, so they don’t fall sponse to the breathless negative com- wage. The real value of the livable back into a dependency situation of wage has fallen dramatically over the ments we have heard in recent weeks one kind or another. about our economy and about job cre- past 30 years. The livable wage workers I think we all become winners if we ation in this country, and in the proc- are being left further behind every give these people a chance to have a ess the attacks that are made repeat- year. Working families have waited higher standard of living than that edly on this floor and elsewhere long enough. Minimum wage employ- which they are presently getting with ees work 40 hours a week, 52 weeks a the $5.15 an hour wage. against President Bush. year, and earn $10,700. That is if you I know it is not the job of the chair- Of course, in every election year, we work every week. Forget that 2 weeks man of the Finance Committee to set all understand there will be a rise in vacation or even 1 week of vacation— the agenda. But somebody has to set political sniping, but no one should you earn $10,700. the agenda around here. We have been ever cross the line and mislead the This is the 21st century. In America, debating other issues of almost total American people about the funda- what community can you live in with a irrelevancy. I guess at some point we mental strength of our economy or family of 3 on $10,700? I don’t think you are going to debate gay marriage. Well, champion this negative view just be- are going to find one. The poverty level that is a compelling issue for the vast cause they view it to be in their own is approximately $15,000 for a family of majority of people who are trying to political self-interest to undermine 3. We must raise the minimum wage to make ends meet. Or we will debate public confidence in the economy. $7 an hour, and I think we can do it. medical malpractice where you cannot Sadly, it seems there are some inter- Under the proposed bill, we go from even negotiate what comes out of it. ested in playing on fear and anxiety. $5.15 to $5.85 to, one year later, $6.45, We can debate whether the gun manu- Some who talk about job loss and un- and the year after that, to $7. That is facturers ought to be excused from any employment provoke, rather than ac- what we are proposing. I suspect some liability. Heaven forbid we take an tually working, as we have the oppor- negotiation might happen in order to hour or two and debate whether we in- tunity to do on this floor, to actually get something done. But, we cannot crease the minimum wage a few dollars fix some of the problems and some of even vote on the issue. more than $5.15 an hour. the conditions that would give rise to Today, more than 34 million people I will emphasize to you again $10,700. job creation and more job security in live in poverty, including 12 million That is what the minimum wage pro- this country. children. Among full-time, year-round vides today. I don’t think anyone be- The truth is we ought to be able to workers poverty has doubled since the lieves that is a condition or a cir- agree on the facts. The public policies late 1970s, from 1.3 million then to 2.6 cumstance, economically, in which you we argue based on those facts are million in 2002. An unacceptably low can expect a family of 3 to survive. You something else. We are going to have minimum wage is a key part of the cannot make it, no matter how deter- policy differences. We are going to problem we are trying to solve. Every mined you are. I believe we ought to be have differences of position, and that is day the minimum wage is not in- able to take care of this issue and do it to be expected, and that is fine. But we creased, it continues to lose value and promptly. It would be a great piece of should agree on the facts. workers fall farther behind. economic news for millions of Ameri- Fact No. 1: Home ownership is at an Minimum wage workers have already cans and not just for those living in all-time high in the United States of lost all of the gains of the 1996–1997 in- poverty. I think for millions more who America, and that is an enormously crease, 7 long years ago. Today, the don’t live in poverty and see people good and positive thing. More people in real value of the minimum wage is doing it every day there would be a this country are achieving part of the more than $3 below what it was in 1968. sense of gratification that we are doing American dream. To have the purchasing power it had in something for people. We are doing Interest rates we know are at a his- 1968, the minimum wage would actu- something for people who make the ef- toric low. Productivity is booming ally have to be closer to $8.50 an hour fort every day not to fall back into de- which, in turn, increases the ability of than to $5.15, which is where we are pendency, but to provide an oppor- employers to invest in their business today. tunity for their families, to stay inde- and to create even more jobs. And in- In the past 7 years, salaries of law- pendent, become self-sufficient, and deed, the gross domestic product in makers have gone up by $23,400, giving raise a family. I have often said that this country is growing by leaps and ourselves 6 raises, while minimum the best social program ever envisioned bounds. wage workers continue to earn $10,700 a was a decent paying job. The second One fact we should and I think we year. Nearly 7 million workers would thing you and I ask a person we meet can agree on is the unemployment rate directly benefit from the proposed min- for the first time after their name is: is standing at about 5.6 percent. The imum wage increase 35 percent are What do you do? interesting thing about that is the

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3430 CONGRESSIONAL RECORD — SENATE March 31, 2004 story we heard in 1996 from the distin- capacity to stop or they think is bad to being part of a market economy is all guished minority leader from South job creation in global competitiveness about. In the end, the net increase is a Dakota, back at a time when we had a sit down and have a conversation with good one. 5.6 percent unemployment rate. Sen- Robert Reich, President Clinton’s This week in my State, a study found ator DASCHLE said: former Secretary of Labor, who we will lose 3,000 technology jobs over The economy is doing extraordinarily well. claimed in a Washington Post op-ed on the next 5 years due to outsourcing. . . . We have the lowest rate of inflation and November 2, 2003, that ‘‘High-Tech Jobs That is the bad news. The good news is unemployment we’ve had in 27 years. Are Going Abroad, But That’s Okay.’’ we are going to gain 24,000 jobs over What was the unemployment rate Getting a meeting with Professor the same period. then, and what is the unemployment Reich should be convenient, as Mr. I reassure my colleague from New rate now? It is identical. Reich is candidate Kerry’s top labor York, according to this report, her Today I read the comments of the adviser and a member of his steering State will have a net gain of more than junior Senator from New York who committee. 18,000 jobs over the same period thanks said with a 5.6 percent unemployment I think Mr. Snow, the Treasury Sec- to outsourcing, which she has said is a rate, it is obvious the economy is not retary, knows an awful lot about eco- bad idea and out of touch with reality. When companies that provide em- creating any jobs. But indeed it was nomics, but I also agree that so does ployment save money and maintain another Clinton back in 1996 who said: Mr. Reich. They both agree outsourc- their competitiveness in a global econ- I was gratified to hear our partners praise ing is an inevitable result of free trade omy because of outsourcing, they can the strength of our economy . . . Lower in- that ultimately benefits America and afford to hire more U.S. employees. As terest rates have helped us slash unemploy- America’s competitiveness in the world ment— a matter of fact, if we were somehow economy. trying to find a way to prohibit this To what? That is right, to 5.6 per- As Mr. Reich wrote: cent. phenomenon, the only choice some of It makes no sense for us to try to block ef- these employers would have would be It seems for many of our colleagues forts by American companies to outsource. on the other side of the aisle, a 5.6 per- to pack up their American company Just this month, Mr. Reich was inter- cent unemployment rate under a Presi- and simply move it overseas. What viewed in the Pittsburgh Post-Gazette dent named Bush is a travesty, but a good would that do? That would obvi- and asked: What do you think about 5.6 percent employment rate under a ously cause more harm than good. the move in Congress to bar Federal We are dealing with a simple eco- President named Clinton is just fine contracts from being outsourced to nomic truth, and one that far too many and dandy. other lower cost countries? Mr. Reich’s ignore or choose to distort for partisan We have more than 138 million Amer- response: political purposes in this election year. icans working today, a figure we We have to recognize that in the 21st should be very proud of, the highest in A silly political ploy. century, we are competing in a true our Nation’s history. But you would Yet even as outsourcing continues to global economy, and our job in Govern- not know that from listening to those be a subject of discussion and even as ment ought to be to try to find ways to who try to talk down the economy. some of my colleagues in this body enhance America’s competitiveness in Something we can all agree on, I am throw it out as something that is bad the economy, not the other way sure, is any person out of work who and hurtful to America and America’s around. That is why I believe edu- wants to work is one person too many. competitiveness, we all seem to have cation, job training, and the Presi- Indeed, I would hope the one thing we forgotten it also goes the other way. dent’s community college initiative he would all be able to agree on is we Indeed, my State of Texas is one of the talked about during his State of the ought to pursue policies which encour- leading beneficiaries of what I will call Union address are so important, steps insourcing; that is, foreign investments age full employment and we ought to also endorsed by Chairman Alan Green- in America. provide everybody in this country who span. These programs, which I have According to the Texas Department wants a job the ability to provide for seen in operation in communities of Economic Development, Texas has themselves and their families. across my State, from Amarillo to Sometimes you get the idea our col- more than $110 billion in foreign in- Houston to Austin, have created oppor- vestment, direct investment in our leagues on the other side of the aisle tunities for young men and women to State, and that is approximately $5,000 really want to have it both ways. They train and retrain, to hold better paying in foreign investment for every want to have low unemployment, jobs in an ever-changing economy. I Texan—$5,000 for each of 22 million which is what we all want, but they have seen the positive results of these also want to oppose policies which are Texans in direct foreign investment be- partnerships between businesses and designed to reduce unemployment and cause of free trade. community colleges when it comes to to encourage full employment. For ex- There are 430,000 jobs in Texas thanks training and retraining the workforce ample, I read this morning the reaction to outsourcing by these foreign cor- for these good, high-paying jobs. of some in this body to the comments porations. People who would otherwise High taxes, overregulation, and ris- made by Treasury Secretary John be out of work if we did as some of my ing health care costs, in an environ- Snow who pointed out that outsourc- colleagues on the other side of the aisle ment that encourages people to sue ing, a subject of frequent commentary suggested. Members who are appealing first and ask questions later, are dam- in this body, is an important aspect to the anxieties and fears of the Amer- aging our global competitiveness. and, indeed, an inevitable aspect of free ican people rather than giving them Those on the other side who seem to trade that ultimately produces jobs in the information they need to under- persistently favor higher taxes and this economy. stand and that we all need to embrace more regulation are at the same time The Senator from Massachusetts, in terms of maintaining our global complaining about America’s inability who happens to be a candidate for competitiveness. to compete and to keep these jobs in President of the United States, said he I ask my colleagues to tell me why America. Those who still honestly be- wants to crack down on ‘‘Benedict Ar- creating jobs for the hard-working citi- lieve we can sue, tax, and regulate our nold CEOs and corporations’’ who en- zens of my State by encouraging this way to economic growth and prosperity gage in outsourcing as a way to main- foreign investment in our country is a are just flat wrong. tain their competitiveness in this glob- bad idea. If we are to cave in to fear In this body, we have had many op- al economy. As the junior Senator mongering by those who want to erect portunities to address some of these from New York said, when it comes to a protectionist wall around our coun- competitiveness issues. We had the op- outsourcing: try, do my colleagues think other portunity earlier this year to pass class I really don’t know what reality the Bush countries might choose to retaliate action reform and medical liability re- administration is living in . . . [outsourcing] against the United States? You bet. form which would lower health care isn’t good for America. This is a two-way street, and there is costs so more employers could provide I suggest those who say outsourcing a natural flux. New jobs are created health care coverage at a more reason- is something that we actually have the and old jobs fade away. That is what able cost to more employees. We have

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3431 had a chance to reform our broken as- freedom for people all across this plan- gerous to suggest that eliminating a bestos liability system. Yet, there are et. handful of al-Qaida leaders eliminates those who consistently vote against I yield the floor. the threat from the network. None of these reforms that would make Amer- The PRESIDING OFFICER (Mr. these al-Qaida forces should ever know ica more competitive in this global SMITH). The Senator from Wisconsin. a moment’s peace. We must wage a re- economy and would increase the oppor- THE 9/11 COMMISSION lentless campaign against al-Qaida tunity to create jobs. Members who Mr. FEINGOLD. Mr. President, yes- around the world, and we will not be now are prescribing the wrong medi- terday the 9/11 Commission heard the done until they have nowhere left to cine for what ails the American econ- public testimony of current and former hide. omy. This is even at a time when our Cabinet and National Security Council I joined my colleagues in authorizing economy is roaring back, thanks to the officials. It is critically important to the use of force against those respon- leadership of our President and the ac- make certain the historical record is sible for the September 11 attacks. tions of this Congress in reducing the accurate and complete and to establish When I cast that vote, I expected a se- tax burden on hard-working Ameri- all of the facts surrounding what the rious campaign targeting the terrorists cans. various elements of the U.S. Govern- who attacked this country. I am pretty I hope our colleagues on the other ment knew about the terrorist threat confident most Americans expected the side of the aisle, when they talk about before September 11, 2001. same thing. What we did not expect their desire to increase competitive- The most important task before us, was that elements of that effort would ness of American job creators in this our first priority, should be to stop fu- be left to tread water so that we could global economy, will join us in recon- ture attacks, to crush the terrorist or- focus resources on the war in Iraq in- sidering the position they have taken ganizations that are trying to kill us stead. so far in opposing the JOBS bill, med- and trying to kill our children. Instead of keeping our eye on the ical liability reform, a rational na- Over 21⁄2 years have passed since that ball, instead of focusing on winning the tional energy policy, class action re- horrible day. We are dutybound to get fight we are in, this administration form, asbestos litigation reform, and our post-September 11 response right, launched into a tremendously costly many other measures that would en- and I think getting it right means initiative in Iraq. Of course, they have hance America’s competitiveness in keeping this fight focused on the ter- used a whole lot of different arguments this global economy. They need to rorist networks that attacked this Na- to justify this war, and a lot of argu- allow us to vote. tion. Putting it more simply, it means ments trying to link the war to the I believe a bipartisan majority stands keeping our eye on the ball. We need to fight against terrorism, even though on ready to pass many of these reforms take this fight to the terrorists. That January 8 of this year, Secretary of which would create more jobs and im- is why every Member of this body State Colin Powell stated he had not prove the economy. Time and time voted to go after those responsible for seen any ‘‘smoking gun or concrete evi- again, when we have had the chance to attacking this country on September dence’’ of ties between former Iraqi fix these problems, when we have had a 11, 2001. But the further we get from leader Saddam Hussein and al-Qaida. chance to address these issues, there September 11, I am concerned that we Even though the report The Network of are those on the other side whose only are not doing enough to root out the Terrorism, published by the State De- answer is, no, no vote, no closing off of terrorists in Afghanistan. partment in the wake of 9/11, which be- debate, no improving of the competi- Recently, we have all heard a lot gins with the words of the President of tiveness of America in the global econ- about the spring offensive in the border the United States, listed 45 countries omy. region between Afghanistan and Paki- where al-Qaida or affiliated groups In closing, I want to reinforce what I stan. I support the offensive and I re- were known to have operated—and have tried to say throughout. There is main deeply grateful for the service of guess what, Iraq was not one of the 45. a lot of good news I do not think is our men and women in uniform. But Iraq was not on the list in the report. breaking through the clutter on the 24- why is this offensive happening this Even though Richard Clarke, the man hour cable news cycle in this highly po- spring? We are talking about forces whom the Bush administration chose liticized election year. There are those that attacked this country in 2001. This to head up counterterrorism policy who want to bad-mouth the economy, offensive should have taken place last within the National Security Council, increase the anxiety of people who are spring. In fact, by the end of last told the President and members of his working, and compound the misery of spring, Rand Beers, who had served as Cabinet that Iraq had nothing to do those who are out of work by saying counterterrorism adviser to this ad- with 9/11. there is no hope; America cannot com- ministration in the National Security By the summer of 2002, national secu- pete; the only way we can protect Council, had resigned his job and was rity debates weren’t about the fight American workers is to build a wall voicing his concerns about the insuffi- against terrorism anymore; they were around our country and to stop free cient effort in Afghanistan. ‘‘Terrorists all about the invasion of Iraq. We got markets. move around the country with ease. We sidetracked. We are facing one of the I think that is absolutely the wrong don’t even know what is going on,’’ he most serious threats to our national medicine for what ails this country. told a reporter. security in the history of this country, What we need is to be true to our prin- The director of the Center on Inter- and I dare anyone to say that is an ex- ciples. Americans have always and will national Cooperation at New York Uni- aggeration, but what did we do? We always be able to compete given a level versity just found that ‘‘the low level took our eye off the ball. playing field. This is not a time for us of funding for the reconstruction of Af- As I said before, even as our brave to lose confidence in America’s ability ghanistan remains astonishing, given troops were taking Baghdad, 10 men al- to compete and to create jobs in a way the importance with which major na- legedly involved in the bombing of the that has made us the envy of the world. tions claim to regard it and the con- USS Cole—a terrorist attack that This is not the time to tell the Amer- sequences of the previous neglect of killed 17 American sailors—escaped ican people that America cannot com- that country.’’ from a prison in Yemen. That news was pete and our only hope is to retreat When it comes to terrorists in Af- disturbing, and I wanted answers, an- into our shell and to build the walls of ghanistan, we need to finish the job swers about what we knew about their protectionism around our country. and finish them off. Then we need to escape, the circumstances of their de- Indeed, we have been preaching to make sure that we support the Afghan tention and the security of the facility, the entire free world, including the new people and help them create a climate about the implications of this lapse. democracies that have just joined in their country that will make it im- The answers were of a deeply troubling NATO and will soon join the European possible for terrorist forces to survive ‘‘no one is minding the store’’ variety. Union, that free markets and free trade there in the future. I can assure you I tried again and again are the answer. America must stick by Make no mistake: The al-Qaida net- to get some information about this. that answer because it is the last best work is not confined only to Afghani- This month, reports indicate these hope for improved quality of life and stan. It would be misleading and dan- escapees have finally been recaptured.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3432 CONGRESSIONAL RECORD — SENATE March 31, 2004 Of course this is good news. But we Some have argued that Iraq itself is critical American power. In fact, must take steps to avoid this kind of the central front in the fight against today, a majority of people living in scenario in the future. We must give terrorism, despite the absence of sig- Jordan, Morocco, Pakistan and Turkey these issues the focus they deserve and nificant evidence linking the Saddam say they believe the U.S. is conducting devote resources and support to moni- Hussein regime to terrorists who at- its campaign against terror to domi- toring these situations closely and act- tacked this country. They point to the nate others and control the world’s oil. ing to protect our interests. indisputable fact that in post-Saddam Somehow the fight against terrorism, As you know, by October 2003, even Iraq, terrorists are operating in Iraq which was and should still be a rallying Secretary of Defense Rumsfeld indi- and they are targeting our brave Amer- point for global unity and resolve, has cated in a memo that, despite over 2 ican soldiers as well as innocent Amer- become divisive. years having passed since September ican and Iraqi and other civilians. This We know that the military plays a 11, ‘‘relatively little effort’’ had gone is a true statement. It is also a painful critical role in fighting terrorism. But into developing ‘‘a long range plan’’ to reality. But it is not a strategy for de- some have twisted the importance of win the fight against terrorism. In the feating al-Qaida. Just because there the military’s role into an argument memo of the Secretary of Defense, he are attacks in Iraq does not mean there that suggests that fighting terrorism is pointed out that there is no consensus will not be attacks elsewhere. The ter- about nothing but military force. I be- within the national security commu- rorists working for and with the al- lieve at best this is delusional and nity in the U.S. about how to even Qaida network will not all be attracted wildly dangerous at worst. Military measure success in this fight. No to Iraq. We can’t bring them all in force absolutely must be part of our re- thoughtful and useful way to tell where there and defeat them there. sponse, and all of us in the Senate we stand? So not only have we lost our Right now, terror cells are plotting voted to give the President the author- focus in this fight, we don’t even have and planning and operating in many ity to use it. And the vast resources a way to measure our lack of focus. other places around the world—in the available to DOD, which unfortunately This is our most important national se- Middle East, in east Africa, in south- do not always trickle down to the level curity priority. Something is not right east Asia, in northern Africa, in cen- of our men and women in the field, with this picture. tral Asia. Pretending that a ‘‘roach makes it tempting to turn to our Iraq is a mammoth undertaking. We motel’’ strategy against terrorist net- Armed Forces for solutions again and only have so many national security works is a viable way to protect our again. But we all know this is true: The resources, and all the resources we national security would be almost answers do not lie with the military used to fight the war with Iraq—the laughable if the consequences were not alone—and it is not fair to our brave military resources, the intelligence reso deadly serious. men and women in uniform to make sources, the money, effort, and the There are heartbreaking human costs them bear the brunt of conducting the long hours—all of them came from to the families of killed and injured fight against terrorism all by them- what is surely a finite supply. The troops, and there are astronomical eco- selves. We must also take a hard look fight against the terrorists who at- nomic costs—costs that America is at all the other forms of power that tacked this country had to be ad- writing bad checks to cover—as well. America has at its disposal, strengthen dressed with what was left, wedged into And there is the cost we can never those tools, and apply them wisely. the margins. know or measure, the cost of missed Consider what a quick glance at the Jeffrey Record, visiting professor at opportunities to make progress in the international section of daily news- the Army War College, published a fight against al-Qaida and associated papers tells us—uranium seizures at in- paper that very clearly acknowledged terrorist networks. secure borders, money laundering this problem. His analysis indicated I am glad the brutal dictator Saddam through the diamond trade that has that the U.S. fight against terrorism Hussein is gone. I am glad the Iraqi been linked to terrorist financing, and has been ‘‘strategically unfocused.’’ He people have a chance at a better life. I pirates boarding chemical tankers, writes as follows: recognize it is not in our national in- steering them for a while, and then dis- In the wake of the September 11, 2001, al- terest to let Iraq dissolve into chaotic appearing. Qaida terrorist attacks on the United States, disorder, but my first priority is my As the ranking member of the Sub- the U.S. Government declared a global war concern for the American people, and I committee on African Affairs, I know on terrorism. The nature and parameters of doubt our effort in Iraq has helped to that we do not have the intelligence re- that war, however, remain frustratingly un- eliminate the terrorist threat we face sources that we should around the clear. The administration has postulated a from the forces that actually attacked world. I know that we do not really multiplicity of enemies, including rogue us on September 11. have any policy at all to deal with So- states; weapons of mass destruction I also fear that the way the adminis- malia, a failed state in which terrorists proliferators; terrorist organizations of global, regional, and national scope; and ter- tration has approached Iraq—the blur- have operated and found sanctuary. I rorism itself. It also seems to have conflated ring of facts, the conflating of villains, know that there is a great deal of work them into a monolithic threat, and in so the shifting justifications for war— to be done to help countries in which doing has subordinated strategic clarity to may undermine our capacity to lead we know terrorists have operated. We the moral clarity it strives for in foreign pol- the global fight against terrorism. As need to improve the basic capacities of icy and may have set the United States on a David Kay, the former chief U.S. weap- border patrols who could stop wanted course of open-ended and gratuitous conflict ons inspector in Iraq said on March 22, individuals, and customs agents who with states and nonstate entities that posed ‘‘We are in grave danger of having de- could help stop weapons proliferation no serious threat to the United States. Of particular concern has been the conflation of stroyed our credibility internationally and auditors who could freeze terrorist al-Qaida and Saddam Hussein’s Iraq as a sin- and domestically with regard to warn- assets. And we can do more to root out gle, undifferentiated terrorist threat. ing about future events.’’ the corruption that undermines these He continues: International credibility matters. It safeguards at every turn. is part and parcel of our country’s In the wake of the terrible bombings This was a strategic error of the first order because it ignored critical differences be- power—our power to inspire, to moti- in Madrid, my heart goes out to the tween the two in character, threat level, and vate, to persuade. Our enemies have a people of Spain, and my judgment tells susceptibility to U.S. deterrence and mili- global network. We must have a global me that too many people are misinter- tary action. The result has been an unneces- response. That means close cooperation preting the subsequent Spanish elec- sary preventive war of choice against a de- with countries around the world. It tion. I don’t believe that the Spanish terred Iraq that has created a new front in means sharing intelligence, and coordi- people will let their political choices be the Middle East for Islamic terrorism and di- nating with other countries to clamp dictated to them by terrorists. The real verted attention and resources away from se- down on terrorist financing, squeezing lesson, the most important lesson that curing the American homeland against further assault by an undeterrable al-Qaida. terrorist networks out of the shadows we can draw from recent events in The war against Iraq was not integral to the in which they operate, leaving them Spain is this: A democracy cannot be [Global War on Terrorism], but rather a de- vulnerable and exposed. But since Sep- unified and mobilized to fight ter- tour from it. tember 11, we have seen a loss of this rorism when citizens believe that their

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3433 government is willing to mislead them did he offer this amendment on over- crash. Now we are in the minority, 51– about the threats they face, and when time? Because we believe—and we have 49. We understand that. We understand they believe that their government substantive facts to back us up—that 8 there will be a day in the future when does not have its eye on the ball. million people, because of actions we will be in control, and we will want Americans know that the battle taken by this administration, will no as much cooperation as we can get against terrorism is not a matter of longer be entitled to overtime pay. from the minority. I hope when we are choice, and they know that the battle Who are these people? They are fire- in the majority we will be treated to is worth fighting fiercely. We will not men; they are police officers; they are the sense that the Senate is the Sen- run scared, and we will not be fright- nurses. If someone disagrees with us, ate, as it has been for more than 200 ened into abandoning our most cher- let them come and oppose the Harkin years, and we will work through these ished national values or liberties. So amendment in the light of day and say amendments. let us move forward to harness the I don’t like the Harkin amendment for We have been concerned—and I am strength of this great country, to learn this reason or this reason or this rea- happy to see the fact that in a bill ear- from our mistakes, to use all of the son. And then let’s vote on it. lier today the leader of the Budget tools at our disposal, and to stay fo- Senator HARKIN has said, on many Committee, Senator NICKLES, and the cused on the most important national occasions, he will take a very short ranking member, Senator CONRAD, security priority before us—fighting time agreement on the amendment. agreed there would be a real conference and defeating the forces that have at- What does that mean? It means he where Democrats and Republicans sit tacked our country. would take 15 minutes. The majority down and try to work out differences I yield the floor. could have 15 minutes. Let’s have a between the bill. That is the way we The PRESIDING OFFICER. The Sen- vote on the amendment. need to do it. ator from Nevada. This amendment passed before. It There has been a pattern where Mr. REID. Mr. President, I extend my passed the Senate last October. The Democrats are not even allowed into appreciation to my friend from Wis- House instructed its conferees to do ex- the room at a conference. My limited consin for his statement. When the sen- actly what the Senate did. But that amount of math shows me we are in ior Senator from Wisconsin comes to bill was not allowed to move forward the minority. And when you have a the floor, he is prepared. I am always because there was an effort made—and conference, we are going to lose most so impressed with the substance of his successfully—not to vote on that over- of those votes anyway, but we are enti- statements. The Senator and I have time amendment. tled to have a discussion in those con- traveled to parts of the world. He has a So now we move to the reauthoriza- ference committees about ideas we great concern about what is going on tion of the welfare bill, TANF. Sen- have. Maybe if our ideas are good in the world. He is able to express him- ators BOXER and KENNEDY offered an enough, we can get somebody from the self very well. I acknowledge his state- amendment dealing with minimum majority to agree with us and we can ment today and extend for the second wage. Certainly, on a welfare bill that win on some issues in those con- time this afternoon my appreciation is an amendment that seems to have ferences. for his statement. some bearing. We want to do what we I can’t imagine why we are not doing Mr. President, there has been a lot of can. I have supported the welfare-to- a better job on moving these pieces of talk on the Senate floor today, but I work programs we have had going. But legislation. I see my distinguished am very disappointed it has only been one of the things we have to do is make friend, the majority whip, my counter- talk. We are not legislating. For this sure these people moving off welfare part. Maybe he is here with some good very important bill on the floor, we and on to work can earn a living. news that we are going to start moving have had one vote. There are many As we have established on the Senate some of this legislation. I hope that is people in the Senate who have more ex- floor, quite clearly, minimum wage the case. perience than I as a national legislator, jobs are not jobs that are set aside for I want to be as constructive as I can but I have been here 22 years. I know kids from high school to flip ham- to help work through this legislation. how the Senate operates. I know how it burgers or for old Americans who are But for the life of me, I cannot see why used to operate. in a state of semiretirement and need a we can’t vote on overtime and on the The way it operates today is not little extra work. No. Sixty percent of minimum wage. It is good for the insti- pleasant, I am sorry to say. There is no the minimum wage jobs are held by tution. It is good for the country. We reason we cannot be real legislators, women. And for the majority of those are willing to take our chances. If take these amendments and work women, that is the only money they there are more votes to defeat over- through them. I am convinced this is get for them and their families. time and the minimum wage, that is not the right way to legislate. We want to raise the minimum wage OK. That is the way things happen. But I have the greatest respect for the from $5.15 an hour. If someone opposes, we think we can win both measures majority leader. He is a fine man. He is let’s have a debate on whether we and move past this on to something a humanitarian, as shown by his cho- should raise the minimum wage. But, else that is related. sen profession. He is a real medical ex- no, we are not allowed to vote on that I have heard discussions of the rank- pert. He is an organ transplant spe- issue. There have been some coming member, Senator BAUCUS, who has cialist. And he has, in his capacity as a plaints that, well, there are other indicated some of the things we need to Senator, gone to countries where there amendments. We will give you a vote get done in the TANF bill. I have said is a shortage of doctors, and he does on that maybe, but we have to have an on the Senate floor on a number of oc- work that he is overqualified for but agreement on the other amendments. casions, I don’t know of two Senators, that is badly needed, doing hernias and Why can’t we legislate the way we in leadership positions with committee other types of surgery. used to? Just work our way through assignments, who get along better than So I do not say this in any way to these amendments and produce a tax the senior Senator from Iowa and the take away from the dignity of his job. bill and produce a welfare bill? It senior Senator from Montana. They I do not want, in any way, to demean might require we work a night or two. work out their differences. him personally. But I am just saying, It might require we have votes on Fri- I am convinced there is ground to be the Senate is not being handled right. day and even Monday, but I do not un- made up here. We can still do these two I do not know if it is because of the ad- derstand why we are in this situation. bills. We want both of them passed. vice he is getting from his other Sen- I do not think it is good for the institu- Forty-nine Democrats want the welfare ators or what the reason is. Maybe he tion. I know it is not good for the bill to pass. We also want the tax bill is getting advice from the White House. American public. we were on last week to pass. We want I do not know. But we should be mov- We are not in control of the Senate. these bills to pass, but we believe there ing through these pieces of legislation. Because of the untimely death of Paul are some institutional issues that are For example, the FSC bill, this very Wellstone, our margin dropped from 50 important, and the American people important tax bill, Senator HARKIN of- to 49. It would have been 50–50 had he are entitled to votes. I am not going to fered an amendment on overtime. Why not been untimely killed in that plane be drawing any overtime, but there are

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3434 CONGRESSIONAL RECORD — SENATE March 31, 2004 8 million people who are entitled to a the majority—not just in the Senate The Welfare Reform Act of 1996 was a vote on overtime, whether the adminis- but in the House as well. That is the conspicuous success story, a bipartisan tration should be able to take that practical effect of preventing a con- success story passed by a Republican away from them. There are tens of mil- ference. It is the minority of Senators Congress, signed by a Democratic lions of people who are entitled to a saying: We won’t allow the legislative President, something all of us are minimum wage increase. We need to do process to go forward unless it is just proud of. It should be reauthorized. that. the way we want it. Even though we And the JOBS bill that had to be Some States have gone ahead and are a minority in one of the two bodies, shelved last week because of an exces- said Congress is acting too slowly, and we are going to dictate to the other sive number of amendments is some- they have a minimum wage above ours body the content. thing we know is extremely important right now. There is going to be a ballot When my friend from Nevada criti- to accomplish. initiative in the State of Nevada this cizes the majority leader for the way Levies have been put in place, a Eu- year—they have to get some signa- he is ‘‘handling the Senate,’’ he is ropean tax on American manufactur- tures, but I am sure they will get pointing the finger in the wrong direc- ers, at 5 percent beginning March 1. To- enough—to raise the minimum wage in tion. I say to my friends on the other morrow, it goes up to 6 percent, and Nevada to $6.15 an hour, a dollar more side: You have met the enemy, and it is then another percent each month until than what we do. The people of the you. it is up to 17 percent—European taxes State of Nevada will vote on that in I think I can safely speak for the ma- on American manufacturers, killing November. I don’t think they should jority when I say that we are perfectly jobs here at home when we are told have to vote on it. We should be doing happy to have votes on the Democratic that jobs is an important issue. our job. But we are not able to do our Party outbasket items. But, of course, So we need to do business. We need to job because we are being stopped from one of the privileges each Member of do welfare reform. We need to get back, doing this because we are in the minor- the Senate has is to prevent a time cer- as my good friend from Nevada said, to ity. tain for a vote. And that is used around legislating the way we used to. I hope We are going to continue exercising here frequently in order to make sure we can reach that point very shortly. something else happens. the rights we have. The Senate allows TRIBUTE TO STEVEN J. LAW The something else the majority us to offer amendments. People can Mr. MCCONNELL. Mr. President, I would like to have happen—and cer- say: Why do you offer amendments rise to pay tribute to a good friend, tainly the majority leader would like that have no bearing on what we are Steven J. Law, who is the Deputy Sec- to have happen—is the chance of fin- doing? I think everyone would ac- retary of the U.S. Department of ishing a piece of legislation, getting it knowledge that this overtime pay issue Labor. to conference, resolving the dif- does have a bearing on what we do. It Deputy Secretary Law was nomi- ferences, and sending it on down to the would be without any foundation in nated by the President and was con- President for signature. That is the logic to say we don’t have a right on a firmed by the Senate on December 9, way we used to legislate, I say to the welfare bill to offer a minimum wage 2003. Prior to holding his current posi- Senator from Nevada, who was sug- tion, he served the President and Sec- amendment. We should be able to do gesting longingly that we ought to go retary Elaine L. Chao as Chief of Staff so. back to the way we used to legislate, as I repeat—I want the record spread— at the Department. In that position, he put it. That is the way we used to we are not trying to stall. We believe Steven has played a fundamental role legislate. passage of these two measures is ex- Our position has been, as we have dis- in crafting major administration ini- tremely important. We want them to cussed this back and forth off the floor, tiatives, such as the post 9/11 economic pass. We have confidence in the two let’s see a limitation on amendments recovery plan, retirement security, and managers of the bill. But the leader- that allows the minority the oppor- regulatory reform. Steven is valued as ship of the majority has to allow us to tunity to have their vote, allows the an asset to the Department, greatly ad- move past where we are now because majority an opportunity to have a mired by his peers, and respected we are in a deadlock, and that is too similar vote on a similar subject, to throughout the Washington commu- bad. work our way through the legislative nity. The PRESIDING OFFICER. The Sen- process, and then a guarantee at the Steven began his career in this city ator from Kentucky. end that there will be a conference al- after graduating from the University of Mr. MCCONNELL. Mr. President, I lowed so the legislation we have spent California at Davis. From there, he listened carefully to my good friend time on has some chance of becoming went on to receive his juris doctorate from Nevada who is my counterpart on law. from Columbia University School of the Democratic side. I recall he said, I can say to my friends on the other Law, where he was named the Harlan just a few moments ago—I think this is side, there is no chance—zero chance— Fiske Stone Scholar and graduated a direct quote: ‘‘Why can’t we legislate that the majority in the House of Rep- cum laude. the way we used to?’’ resentatives is going to let the minor- It was after those academic pursuits I say to my good friend from Nevada, ity in the Senate dictate to them the that our lives happily crossed when he I couldn’t agree more. Why can’t we final content of legislation that leaves began in my office as a legislative as- legislate the way we used to? I have the Senate. That is simply not going to sistant. Displaying the hard work and been here a while. But you wouldn’t happen. talent he is well known for, Steven have had to be here all that long to re- I agree with my good friend from Ne- quickly advanced to Chief of Staff member how we used to legislate. Just vada: Let’s get back to legislating the shortly after successfully managing my as recently as a Congress ago, we didn’t way we used to. Legislating the way we 1990 reelection campaign. filibuster judges on the floor of the used to means a limitation on amend- Steven didn’t just make a big impres- Senate. In fact, we hadn’t done that for ments, amendments that are relevant sion on me. He was recognized by Roll a couple hundred years. certainly to the underlying bill but not Call as one of the 50 most influential Just as recently as the previous Con- just those, even those that are not rel- staffers on the Hill. Eventually, he left gress, we didn’t prevent the legislative evant, with opportunities for the other my office to become executive director process from going forward by prohib- side to offer their substitute ideas, and of the National Republican Senatorial iting the appointment of conferees, but then a chance to get to the end of the Committee during my chairmanship adhered to the normal legislative proc- process, to finally pass the bill, to get and helped secure the Republican ma- ess, so that differences between legisla- to conference, and to move along. jority through both cycles. Over 4 tion in the House and Senate can be That is what the majority leader is years, and through 2 tough election cy- reconciled and we can move forward. looking for. We are going to continue cles, he has very skillful and profes- I think we can stipulate the minority our discussions, both on and off the sionally managed that operation in an has always had a lot of power in the floor, in the hopes that we can reach extraordinarily able fashion. Senate, but never before has the minor- agreements to move forward on this I have had the privilege of working ity insisted on writing legislation for important piece of legislation. with Steven for the past 15 years. I

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3435 have had the honor of calling him my conference was held. A bill came back nized for up to 15 minutes as in morn- friend and confidant during that time here and, of course, overtime was ing business. as well. stripped from it, and we had a bill that The PRESIDING OFFICER. Without Mr. President, it is easy to see why did not go through the conference proc- objection, it is so ordered. President Bush chose to nominate Ste- ess. They did not follow the Shelby- HIGH GASOLINE PRICES ven to this high post. It is easy to see Sarbanes model. Mr. INHOFE. Mr. President, I rise why my Elaine Chao, the Secretary of We are willing to work to get legisla- today as consumers in America—busi- Labor, also exercised good judgment in tion passed. We have said we want to nesses and farmers and families—are giving this talented man this oppor- do that, we want to work our way facing gasoline prices at a record high. tunity. I applaud his confirmation and through these amendments. But to Prices for natural gas, which is used to wish both Steven and his marvelous come here and say we will do it if you heat our homes and workplaces, have only have 4 amendments, the best way wife, Elizabeth, and their two beautiful gone through the roof. to get these bills passed is to work on children, Charlotte and John James, In fact, I chair the Environment and them. These bills don’t come magi- continued success in their future en- Public Works Committee, and we had a cally. We have 49 of us here and 51 on deavors. Elaine and I have been blessed hearing this week on the crisis we are the other side. We all have ideas as to to be a part of their lives for the last 15 facing, and that is our farmers are hav- how the legislation could be improved. years. This is truly a remarkable indi- ing to pay twice as much as they did 6 Sometimes our ideas are good and vidual and a magnificent public serv- months ago because of the sky- sometimes they are bad. But individual ant. I wish him well not only in his new rocketing costs of natural gas. And all Senators—there are two Senators from job as Deputy Secretary of Labor, but of this is due to the fact we have a lot every State with the ability to get in all of the endeavors he may under- of the far-left environmental groups take in the coming years. elected. We have wide interests we represent in our States. We have an obli- trying to keep us from being able to I yield the floor. produce more oil and gas, and it is a The PRESIDING OFFICER. The Sen- gation to allow them to offer amendments and move through this legisla- crisis. It is a crisis, as we pointed out ator from Nevada is recognized. in this committee hearing. Unfortu- Mr. REID. Mr. President, we have an tion. nately, due to obstructionist tactics opportunity to, based on the statement I am not an expert in parliamentary led by the radical environmental of the Senator from Kentucky, move procedure in the Senate. I don’t think groups, bipartisan energy policy legis- some of this legislation. But I cannot many people can claim that. I do un- lation continues to just be out of grasp understand why, when we finish run- derstand a lot of the procedures in the of passage in the Congress. ning one race, we have to immediately Senate, and I understand that the best Yesterday, those who are against do- go to the other race. We need a little way to do legislation is to work mestic energy production and in favor time to rest. through it. If you have an amendment of higher costing energy prices plagu- What I am saying about that is that you don’t agree with, speak against it ing us today were given a boost by the we have on many occasions passed bills and vote against it. But don’t stop oth- presumptive Democrat for President in the Senate and accomplished the de- ers from having the opportunity to who said in a speech in San Diego, CA: sire of the people working on that leg- vote. islation by working things out with the So, again, we are being told today, We need a new direction on energy policy. House. We have done that without yes, we will let you have some amend- And went on to lay blame for the using conference. We have done this ments, or we will let you have more high cost of gas on the Bush adminis- simply in negotiating the differences than some, but if we do that, you have tration, while attempting to put forth between the House and Senate. We to agree to go to conference. We are an energy plan of his own. Rather than have done it in the 108th Congress; we not going to do that. We are going to advance a policy actually related to did it 21 times then. In the 107th Con- do everything we can to get a bill our Nation’s energy needs and supplies, gress, we did it 51 times. passed. the Senator consistently suggested As I have indicated, Mr. President, in I think before the end of this year, if policies that would increase cost to the 108th Congress, 21 times we have we can get a few things done on the consumers, that would consistently in- been able to get legislation passed and floor, instead of 21 bills, we can get it crease cost to businesses, that would sent to the President without a con- up to maybe 40. We have done it on consistently undermine our economy ference. We have negotiated our dif- very important things, such as AIDS and force high-paying manufacturing ferences in the language between the assistance, TANF extension, military jobs overseas. We have seen this taking House and Senate. We can continue to family tax relief, national flood insur- place. It is taking place today. I heard do that. We did it 51 times in 107th ance, Syria accountability, veterans our very eloquent junior Senator from Congress. So as I said before, and I re- Ohio talk about the number of jobs benefits, the Defense Production Act, peat, there is no reason we should not they have lost in the State of Ohio just which are very important pieces of leg- legislate the way we always have in for this reason. islation. There have been some things days past: You introduce legislation, it His statements about the Bush ad- we have done with a conference. As goes to committee, comes to the floor, ministration are incorrect. One of the some will recall, last year we had a dif- we debate it, offer amendments, and first proposals the Bush administration ficult situation with the fair credit re- vote on it. When that is done, you fig- porting. But Senator SHELBY and Sen- ure out how you are going to work made was a comprehensive energy plan ator SARBANES decided that the best your way through the differences with in 2001 that would increase domestic thing they could do would be to set a the House. energy supplies and make America less standard and the two leaders said, yes, We want to pass the tax bill that was dependent on foreign sources of energy. we are willing to go to conference, we in effect on the Senate floor last week. Congress took up legislation and in- think we can do a good job. They did I repeat, we want to pass this welfare corporated many aspects of the Presi- that. It became law. bill. The only way we can show that is dent’s plan, and I note that the Senator We are one step ahead of where we by agreeing to work through these who finds it easier to criticize than do should be. We want legislation passed amendments. There is not a single Sen- was nowhere to be found when the bi- in the Senate. When that is done, there ator who wants to filibuster this bill. partisan Energy bill, H.R. 6, was de- are many ways to resolve differences We are not going to be stopped from of- bated and passed by the Senate by a with the House. We can do it in con- fering these amendments, and we will vote of 84 to 14 on July 13, 2003. ference and there are occasions when hold together as a body and not allow It intrigues me that this issue is im- we need to do that. Some may ask why cloture to be invoked tomorrow. It is portant enough for the Member to take we have balked at conferences. Very not fair. time to discuss it out of his busy cam- simply, for example, the overtime The PRESIDING OFFICER. The Sen- paign schedule, but not important measure which passed here went to ator from Oklahoma is recognized first. enough for him to be present and vote conference, and Democrats weren’t Mr. INHOFE. Mr. President, I ask on the bipartisan legislation that was even invited into the room where the unanimous consent that I be recog- brought before this body. In fact, to my

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3436 CONGRESSIONAL RECORD — SENATE March 31, 2004 recollection, the junior Senator from Reserve, we do not release our strategi- would cost the average family of four Massachusetts, prior to yesterday, cally held resources to fit political $2,700 a year. That is not JIM INHOFE never once proposed comprehensive en- whims but should only do it to address talking; that is what came from the ergy legislation during his 19 years in a major supply disruption, such as po- Wharton School of Economics. the Senate. litical instability from a source nation, In addition, the Senator has been a What we heard from San Diego yes- which is highly likely, and I think we supporter of drastic climate change terday was really less of an energy pol- understand that situation. The relative legislation that we have talked about icy for the Nation and more of a check- instability of supply nations is well that would be disastrous for this coun- list of how to increase energy costs to known. Our Strategic Petroleum Re- try. Again, since the Senator has not consumers. I am not surprised at that serve is our Nation’s buffer, a safety developed an energy policy before and fact since it is clear from his voting net. The junior Senator from Massa- failed to show up for the Energy bill record over the last many Congresses chusetts would have us squander our vote, I must look to his words and not that affordable domestically produced Nation’s strategic reserves for his po- his actions to determine what is the in- energy was far from a priority of the litical gain, forcing our country into a tent of his energy policy. Senator. His claim yesterday to aggres- far weaker position. The Senator’s recommended energy sively develop domestic oil and gas The presumptive Democrat nomi- and environmental policy seems to be supplies does not seem genuine to me nee’s call to release oil from our stra- tainted with an overriding intent to as he has no specific plan to do so and tegic reserves is also surprising to me impose his utopian view of the future has spent a lot of his time stopping us because what he is really calling for is without any consideration on present and this country from being able to ex- to increase our domestic supplies. Ex- reality at any cost. The junior Senator plore such areas as ANWR and offshore perts agree that one of the principal from Massachusetts makes nonhydro- that would allow us to be energy inde- reasons that our Nation was able to power renewable energy a cornerstone pendent. weather the oil embargo of the 1970s of his energy policy. Again, however, Let me be perfectly fair. This goes was largely because new supplies were we must look to the Senator’s words on back a number of years. I can remem- coming online from Prudhoe Bay, AK. the matter and not his deeds. ber even back during the Reagan ad- Yet, as I said before, the Senator Last year’s energy bill renewed a tax ministration making talks about the staunchly opposes developing oil from credit for wind and solar energy, a fact at that time we were 35 percent de- the Alaska National Wildlife Reserve. credit that expired on December 31. pendent on foreign countries for our The policy of the junior Senator from The Senator failed to show up for the ability to fight a war. And yet now it is Massachusetts seems to be: Let us use crucial vote and the tax credit died. closer to 60 percent. So there we are our strategic reserves but not have any Prior to that vote, Randall Swisher of only 2,000 acres of ANWR’s Coastal more oil to replenish them. the American Wind Energy Association Plain, about the size of Dulles Airport, The Senator is also quick to praise said: If the energy bill dies, extension for oil exploration and development; himself for his foreign policy experi- of the wind production tax credit will 2,000 acres that could provide the ence. Yet that experience must not also die for any time in the foreseeable United States with enough oil to re- have translated to the energy sector. future. place imports from Saudi Arabia for Oil is a global commodity; therefore, Swisher and many in the industry the next 30 years. the world market must be considered. contend the credit is essential to main- But actually, as the junior Senator What has happened in the global mar- taining their businesses. He said: from Massachusetts proposes to solve the energy crisis, for one he is going ket? China’s increased demand for oil If we weren’t in the bill, the credit that is has constrained world oil supplies the foundation of our industry was going to against his own advice and now calling expire and with it our industry would expire. for President Bush to open the Stra- which have only been exacerbated by So, yes, it was important for them to tegic Petroleum Reserve, a move that OPEC’s recent reduction restrictions. We should also note that another key see the energy bill move forward. would threaten our national security component of the Senator’s plan to ad- President Bush recognizes the valuable without any benefit. We know from recent history that re- dress our Nation’s high gasoline prices contribution renewables can play in leasing oil from the Strategic Petro- is for the administration to get tough our Nation’s energy mix. The President leum Reserve would have no impact on with or jawbone OPEC, the implication dedicated $1.7 billion over 5 years to de- gasoline prices. On September 22, 2000, being that President Bush is not advo- velop hydrogen fuel cells and related former President Clinton released 30 cating America’s interest, that he is technologies. In 2005, in his budget, it million barrels of oil from our stra- too soft. includes $228 million for a hydrogen tegic stockpiles. The effect, according The foreign policy of the junior Sen- fuel initiative, an increase of $69 mil- to Energy Information Administration, ator from Massachusetts is interesting lion, or 43 percent, over the 2004 fund- was 1 penny savings per gallon of gaso- on this point. On one hand he criticized ing to develop the technologies to line. So that does not work. It makes the President for not kowtowing to the produce, store, and distribute hydrogen good conversation, it sounds good, but United Nations and countries such as for the use of fuel cell vehicles, elec- we know it does not work, and he France in the war on terrorism and on tricity generation, and other applica- knows it, too. the other hand suggests that the ad- tions. During that time, the junior Senator ministration is too soft on oil-pro- The 2005 budget proposes tax incen- from Massachusetts stated himself ducing nations. You cannot have it tives totaling $4.1 billion through 2009 that a release is not relevant. It would both ways. to spur the use of clean, renewable en- take months for the oil to get to the In addition, the Senator has been a ergy and energy-efficient technologies. market, he said. Now he has flip- supporter of drastic climate change President Bush’s plan invests in the flopped and it is the cornerstone of an legislation that would cripple our econ- future. He wisely recognizes nonhydro- energy plan more about politics than omy and legislation that would lit- power renewable energy represents meeting the real needs for American erally shut down powerplants in the only about 1 percent of our Nation’s families and businesses. United States, the outcome of which energy mix. Even experts such as the Federal Re- would send hundreds of thousands of The Senator, on the other hand, serve Chairman Alan Greenspan, American jobs overseas and seriously would mandate 20 percent of our Na- former Carter Energy Secretary James stress our supply of energy. tion’s electricity be generated with Schlesinger, and other top energy offi- It was the Wharton Econometrics those very same renewable sources by cials have warned for years that the Survey that came out with the conclu- 2020. Strategic Petroleum Reserve should sion that if we signed on to the Kyoto In 2003, DOE’s Energy Information not be used as a market management Treaty, it would cost 1.4 million jobs— Administration concluded a 10-percent scheme. It is there for national secu- that is what we are talking about mandate could cost Americans more rity. I think we all understand that. today: jobs—it would double the price than $100 billion. However, the effect Further, it is important to note of energy, it would cost an increase of would likely be far more severe in cer- while we have a Strategic Petroleum 65 cents a gallon on gasoline, and it tain regions of the country where ‘‘not

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3437 in my backyard’’ and the risks seem to would increase costs on American con- the Secretary of Energy, and I asked drive policy without regard to fixed sumers, disproportionately affect the him the question whether this Presi- and low-income residents. low and fixed-income taxpayers, and dent was going to try and persuade the The fact is wind energy, the most drastically undermine the ability to oil-producing countries in the Middle cost-effective renewable, is only effec- compete in the global market. East to produce more energy, particu- tive when the wind blows. We already If this were not a Presidential elec- larly at a time when we are faced with know where the rich elite stand on de- tion year and we were asked to judge a difficult economic significance. His an- veloping wind turbines off the coast of man not on his words but on his ac- swer was: This administration is not Cape Code in the Senator’s home State tions, we would in large measure know going to beg for oil. of Massachusetts. what the Senator’s energy policy would Beg for oil? When we have 140,000 The presumptive Democrat nominee be: Do nothing but make speeches. men and women over there protecting also supports legislation that would Some may scoff at what I am saying. their interests and protecting their oil cap carbon dioxide under pollution-re- We all know the Senator was too busy and they are cutting back production? ducing bills as well as under the aus- campaigning to do the job his constitu- I would not think there would be pices of global climate change. Again, ents elected him to do and the job many Members of the Senate who the Senator seeks to impose his uto- American taxpayers have paid him to would be criticizing my colleague, who pian world view on people without do. Instead of actually doing some has done so, who recognize that their bothering to consider our Nation’s en- work and crafting an energy policy, the President should provide Presidential ergy makeup, or more likely he is but junior Senator from Massachusetts leadership. This election is about Pres- does not seem to care. chooses to make outrageous allega- idential leadership. My colleague has Drastic carbon dioxide reduction tions from the comfort of multi- been demanding that this President do strategies the Senator supports would million-dollar mansions in Beverly something about the cutbacks in pro- effectively force coal out of use. I Hills. duction. think we all understand that. Coal I yield the floor. We hear criticism—well, he didn’t right now, whether the junior Senator The PRESIDING OFFICER (Ms. COL- show up for a vote. Sure, he is running from Massachusetts and his special in- LINS). The Senator from Massachu- for the Presidency of the United terest radical supporters like it or not, setts. States. makes up one-quarter of our country’s Mr. KENNEDY. Madam President, I I will certainly respond to my col- energy mix. had not expected to hear the kind of league, but I am absolutely baffled that Recently, it has been reported the statement with regard to the criticism one of the major energy decisions being junior Senator from Massachusetts of the Senator from Massachusetts, my made in the world is being made within supported a 50-cent per gallon tax on colleague and friend JOHN KERRY, on the last 24 hours by the OPEC coun- gasoline. The effects of such a tax on the energy policy. I will include in my tries, the primary producers, Saudi our country are obvious. However, I comments a response to Senator Arabia in the Middle East, other mid- think it is important to note such a INHOFE. dle eastern countries whose security tax is another example of the Senator’s I am wondering whether the Senator American servicemen have been fight- overriding opposition to fossil fuels and could possibly tell us what was the po- ing for and dying for, and this Presi- his blind and unwavering support for sition of the President of the United dent and this administration has not nonhydropower renewables without re- States when OPEC continued to cut sufficient influence to be able to stop gard to the state of our Nation’s actual back on production today. We have a them from cutting back in production energy mix. statement by a colleague talking about or getting them to increase production. Nonhydropower renewable energy is a candidate for the President of the You talk about a bankrupt energy pol- a wonderful concept and with the ad- United States when today OPEC pri- icy—there it is. ministration’s investments in devel- marily— Every consumer ought to know when oping technology, I am confident its Mr. INHOFE. Madam President. they pay those extra funds for the gas- use will increase considerably. How- Mr. KENNEDY. I have the floor. oline, they are paying it directly to ever, today it is too costly, which leads Mr. INHOFE. Madam President, I was countries over there in the Middle East me back to the Senator’s overriding in- asked a question, and I would like to whose security we are protecting and tent behind his suggested energy poli- answer the question. for which American lives are being cies. Mr. KENNEDY. Regular order. Reg- The presumptive Democrat nominee ular order. lost. It is beyond belief to me. and his radical environmental group The PRESIDING OFFICER. The Sen- AMENDMENT NO. 2945 supporters also recognize renewables ator from Massachusetts has the floor. Madam President, we have, over the are not cost competitive compared Mr. KENNEDY. No, I do not yield. course of the day, had a number of our with traditional energy sources today. We have today more than 150,000 colleagues speak about the amendment Their answer: Embark on a strategy to servicemen who are over there pro- that is before us, and that is the in- make fossil fuel use so expensive and tecting the oil countries in the Middle crease in the minimum wage over a 2- burdened with regulations that non- East, and American service men and year period, up to $7 an hour. I want to hydropower renewables suddenly be- women are dying every single day. If wrap up this evening and summarize a come more cost effective by compari- we have a President of the United couple of important points because son. States who is lacking in sufficient in- during the course of the afternoon, I Let’s recap a few of the highlights of fluence to try and indicate to our allies followed the debate when I wasn’t here the recommendations of the junior that it is of vital importance to the se- for a few hours, meeting with the head Senator from Massachusetts. No. 1, curity of the families and industry in of the VA about some of the challenges empty the Strategic Petroleum Re- the United States that they increase we are facing up in Massachusetts serve. No. 2, do not produce domestic their production, what kind of influ- about veterans health. oil. No. 3, impose a tax on gasoline, ence do we have? Where is our Presi- We heard statements, speeches from some 50 cents a gallon. No. 4, impose a dent of the United States on this issue? some of our colleagues on the other mandate increasing nonhydropower re- Why are we hearing Members who are side, that the increase in the minimum newable energies from 1 percent to 20 so eager to talk about JOHN KERRY’s wage was delaying action on the TANF percent in 15 years. No. 5, restrict car- policy on energy talking about what reauthorization. Of course nothing bon dioxide emissions, which translates we ought to be doing over there today could be further from the truth. As to reducing U.S. economic production. as OPEC is cutting back on its produc- Senator BOXER, my friend and col- The Senator’s energy policy is cer- tion? league who introduced the legislation, tainly bold, if nothing else. It is just We hear silence. We have silence and I have stated, we would have been that the Senator’s utopian view of the about that. Where is the administra- willing to have a 20-minute time agree- future ignores our very real present. tion? ment, 10 minutes a side, and had a vote Like his radical special interest sup- I remember last week we had my and final disposition and then moved porters, the Senator’s energy policies good friend Spencer Abraham, who is ahead with other amendments.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3438 CONGRESSIONAL RECORD — SENATE March 31, 2004 But the opposition is so strong in op- selves and their children and their fam- did not cover her bills, so she worked as a position to this amendment that the ilies. lunch supervisor for the Flint public schools Republican leadership has insisted we I want to reiterate and give some ex- from 11:30 a.m. to 1:00 p.m. She had to put have, effectively, a cloture vote, delay- amples. I gave some examples earlier. planners up on the wall to keep track of her schedule. And even then, she had no benefits. ing progress on the underlying bill for These are the real faces of people who After a year, Linda left her job at George some 21⁄2 days, so if they are successful are going to be affected by what we do and Stanley’s after they refused to give her in getting cloture, cutting off the de- here tomorrow on the floor of the Sen- a 25 cent raise and went to work at Kessell’s bate, they will eliminate the possi- ate, whether we are going to be able to on the day shift for $5.25 an hour. But Kessell bility of even voting on an increase in get a vote on the increase in the min- (which has since been purchased by Kroger) the minimum wage. imum wage or whether we are going to would only give her a part-time position and Maybe there are those who are op- be denied that opportunity to do so. without full-time status, she still did not get The minimum wage affects a person benefits. Working three jobs became so exposed to the increase in the minimum hausting that she left her lunch supervisor wage. We have heard some of them such as Cynthia Porter. position, but had to continue to work her speak today in opposition. But the idea Cynthia Porter is not on welfare. She second job at H&R Block. that this is not related and relevant to works as a certified nursing assistant at a Linda’s typical day started at 6:00 a.m. the underlying bill defies any logic and nursing home in Marian, Alabama. When when she got her daughter ready for school. any fair understanding of what the un- Cynthia comes on duty at 11:00 p.m., she Her job at Kessell started at 7:00 a.m. and makes rounds. She checks the residents for ended at 3:00 p.m. She came home, changed, derlying bill, the TANF bill, is all skin tears and helps them go to the toilet or about. and went to her job at H&R Block at 5:00 use a bedpan. She has to make sure she turns p.m. and got off at 10:00 p.m. Her schedule I bring to their attention the state- the residents every two hours or they will left little time to spend with her daughter. ment that was made by Secretary get bedsores, and if bedsores are left unat- She needs a minimum wage to help Thompson regarding the TANF reau- tended, they can get so bad that you can put your fist in them. that family. thorization when he testified on March Flor Segunda of Newark, NJ: 6, 2002. He said: But there aren’t enough people on her shift. Often there are only two nursing as- Flor lives in a primarily African-American This administration recognizes the only sistants for forty-five residents. In addition neighborhood of Newark, New Jersey, with way to escape poverty is through work, and to responding to the needs of the residents, her husband and three children: Jose, who is that is why we have made work and jobs that Cynthia must also wash the wheelchairs, nine years old; Luis, who is two and a half; will pay at least the minimum wage the cen- clean up the dining rooms, mop the floors and Paul, who is one and a half. To reach terpiece of the reauthorization proposal for and scrub out the refrigerator, drawers, and Flor’s place, you must walk down a flight of the Temporary Assistance for Needy Family closets during her shift. Before she leaves, concrete stairs, through a narrow hall, and Program. she helps the residents get dressed for break- past the washer and dryer. Like most base- That will pay at least the minimum fast. ment apartments, it is damp and dark. One wage. There it is in the words of the For all of this, Cynthia makes $350 every small window allows the only daylight to President’s own representative. That is two weeks. She is separated from her hus- enter. They pay $700 per month for this two- exactly the issue we are attempting to band, who gives her no child support. The bedroom apartment without utilities. There first two weeks each month she pays her $150 are no parks near her apartment and she address and we are being denied getting rent. The next two weeks, she pays her water doesn’t have a car. So most days, the chil- final action on it. and her electric bills. It is difficult to afford dren stay inside. I am going to take a moment to re- Clorox or shampoo. Ensuring that her chil- At night when most workers are at home, view for the benefit of the Senate dren are fed properly is a stretch, and she is Flor begins her day. She cleans, dusts, vacu- about where the minimum wage is now. still paying off the bicycles she bought for ums, dumps trash, and straightens the of- The purchasing power of the minimum her children last Christmas. fices of law firms in a large suburban office wage has dramatically decreased. She can’t afford a car, so she ends up pay- building in West Orange, New Jersey. Flor is We reviewed with the Senate what ing someone to drive her the twenty-five a janitor. She works for a private contractor miles to work. And there have been a few who contracts with the owners of commer- the impact of the increase in the min- days when she couldn’t find a ride. ‘‘I walked cial buildings to provide cleaning services. imum wage has been on unemployment at twelve o’clock at night,’’ she said. ‘‘I’d She would benefit from an increase in and have shown many times when we rather walk and be a little late than call in. the minimum wage. have had increase in the minium wage I’d rather make the effort. I couldn’t just sit Finally, Judy Smithfield: it had virtually no adverse impact on here. I don’t want to miss a day, otherwise, the question of unemployment. We re- I might be fired.’’ There is no public trans- Judy Smithfield works in a superstore as a portation that would take her to work. pharmacy technical assistant, a ‘‘pharmacy viewed the fact if we have the increase tech.’’ Her 12:00–9:00 p.m. shift begins with a in the minimum wage it virtually has I first met Cynthia at a union meeting. She had a quiet, dignified presence with her call from a nurse in a doctor’s office dic- no impact on the issue of inflation. We dark suit and her hair pulled back in a bun. tating a prescription over the phone or a cus- responded to the question of different She and twenty-five others from the nursing tomer at the counter giving her a prescrip- conditions and different parts of the home—all eighty of her coworkers are Afri- tion. Once she has the information, she gives country. There are small mom-and-pop can American women like her—gathered in it to the pharmacist to process in the com- stores that would not be able to afford the little brick Masonic building outside of puter. Then it is Judy’s responsibility to the increase in the minimum wage. We Marian to talk about having a union. Like check that information and get the proper Cynthia, none has ever gotten a raise of medication from the shelf. She counts the responded and pointed out those stores pills that are prescribed, puts them into the by and large are excluded under the more than 13 cents. Some who had been there ten years were still making $6.00 an bottle, affixes the proper label to the medi- provisions of the existing minimum hour. cation, gives the filled prescription to the wage. pharmacist for her review, and puts it in the She is effectively a minimum wage We heard: We don’t want to do this proper bin for the customer to pick up. worker. Once the customer arrives, Judy must en- because we want to encourage young These are the people this legislation people to work in agriculture. We re- sure that she has the right prescription and is trying to help. that the proper forms are filled out. She sponded: It doesn’t relate to agricul- Linda Stevens: must ask the customer whether they under- tural workers. The only job she could find with a high stand the prescription, whether they want We have addressed all of these kinds school degree and some college courses was a counseling or have any further questions. of conditions. part-time cashier’s position at a small mar- Their response must be put in writing. These minimum wage workers are ket called George and Stanley’s, working the There are two pharmacy techs and three men and women of dignity. They work night shift from 6:00 p.m. to 10:00 p.m. Not pharmacists on Judy’s shift that fill over 400 hard and long. The men and women surprisingly, the $5.00 an hour she made at prescriptions per day. If the pharmacy gets who clean out the buildings in this her retail job was not enough to support her behind in the prescriptions, Judy stays late, and her daughter, so she worked a second job sometimes until midnight. Many times she country at nighttime, teachers’ aides, works six days a week because they don’t and assistants working in homes look- from 2:00 to 5:00 p.m. as a receptionist at H&R Block, which paid $5.50 an hour. She have enough help. Her feet and back ache ing after the elderly are men and liked the work and would have preferred to from standing all day. women of dignity. They do not want go full-time, but H&R Block only offered This will help Judy. any assistance. They want to have a work from January through April. The I want to conclude again by talking wage so they can provide for them- money from these two part-time jobs still about the impact of the minimum wage

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3439 and the failure of increasing the min- fined as a psychological condition where imum wage has been $5.15 per hour imum wage on families, particularly on household members experience an uneasy or since 1997. If you adjust $5.15 for infla- children. painful sensation caused by the involuntary tion, then we would have a minimum lack of food. I pointed out earlier we have 35 mil- (2) Relative to the general population, food wage of $5.95 per hour. But, if you ad- lion Americans, according to the De- security rates are lower among households in just the minimum wage for inflation partment of Agriculture, who are hun- which the householder has no more than a from its 1968 level of $1.60, then the gry or living on the edge of hunger for high school degree. . . . minimum wage would presently be economic reasons—35 million in a (3) A direct relationship between food secu- $8.50. country of 290 million. rity and increases in the minimum wage was Senators KENNEDY and BOXER are Today 300,000 more families are hun- observed following two modest increases in right in the middle between the two, the minimum wage in 1996 and 1997—when and I would suggest to my colleagues gry than there were 3 years ago. The food security rates increased slightly; and 2003 survey by the U.S. Conference of following administration of the Food Secu- that they are not far off the mark. In Mayors that looked at hunger found ef- rity Supplement . . . of 1995. Food security fact, their amendment is a pretty good fectively 39 percent of the adults re- rates also increased modestly following 1995. compromise. questing food assistance were em- ... I know that some people do not want ployed. A leading cause of hunger is (4) Inner city households have the highest to raise the minimum wage, and that low-paying jobs. levels of food insecurity, followed by subur- they are concerned by the potential for ban and rural households. Other studies have job losses if we were to do so. And some Emergency food assistance increased demonstrated that groups most-at-risk for by 14 percent. Of those requesting food insecurity are those who are most eco- of our employers—both large and emergency food assistance, 59 percent nomically vulnerable, and whose households small—have expressed concerns with were members of families with children are most directly impacted by increases in an increase in the minimum wage and and elderly parents. the minimum wage. urge us to be mindful of those con- City officials recommend raising of The failure of our increase in the cerns. the Federal minimum wage as the way minimum wage is wrong because Amer- Having said that, we also need to be the Federal Government could allevi- icans believe people who work 40 hours mindful of minimum wage workers. ate hunger. a week, 52 weeks a year, should not Senator KENNEDY shared with us some This is their No. 1 recommendation. have to live in poverty in the United real-life examples. Let me share with This is the survey of the U.S. Con- States of America. And it is wrong be- you some of my own experience from ference of Mayors, Republican and cause we now have millions of children when I was a college student earning Democrat alike, for raising the min- who are going hungry every night, and the minimum wage. A lot of people who imum wage. millions of families who are going hun- received the minimum wage in 1968 Finally, I have the excellent report of gry as well. were not supporting a family. I was not the National Urban League, October We can make some difference by in- supporting a family in 1968. Many of 2002. I will read just parts of it. In the creasing the minimum wage. It is now them were students or just out of foreword, it says: at a dramatically decreased level of school. Too often, changes in the minimum wage purchasing power. Certainly, we can do But a lot of the people who earn the are viewed as poorly targeted to the needs of better. We should do better. How can minimum wage these days are people America’s working families. Minimum wage we possibly tolerate the conditions of with a family, with one child, or maybe workers are too often presented as teenagers, our fellow Americans and not say that two. They may be in a two-parent fam- or wives in middle class families. Yet, the we need an increase in the minimum ily. But in a lot of cases, a minimum clear implications of this study are that the wage? I hope we will be able to do so wage earner is a single parent. proposed increase in the minimum wage tomorrow. I urge my colleagues to keep this sta- from $5.15 to $6.65 an hour would move 1.4 tistic in mind as we consider whether million American households to the level of I yield the floor. being food secure, having enough money to The PRESIDING OFFICER. The Sen- to support an increase in the minimum buy nutritious and safe food for their fami- ator from Delaware. wage. If you or I were working full lies. And, a disproportionate share of the Mr. CARPER. Madam President, I ap- time, 40 hours a week for 52 weeks a households that would benefit would be Afri- preciate the opportunity to rise in sup- year, with no time off, then we would can American or Hispanic. Single parent port of the amendment offered by Sen- be making about $206 a week if we were households would also benefit disproportion- ators KENNEDY and BOXER to raise the paid the minimum wage. That is less ately from an increase in the minimum minimum wage over the next 21⁄2 years. than $11,000 per year. wage. My staff provided me with some in- Madam President, less than $11,000 Again raising the minimum wage is a formation about the history of the per year does not crack the poverty clear policy solution for helping meet minimum wage. One important date line for one person, much less two or the needs of America’s poor children. cited is 1968, which was my senior year three. Then it goes on in the executive sum- at Ohio State University. I had a cou- As a Governor who worked on welfare mary: ple of jobs then. I was the pots-and- reform in my state and with the Na- Second, we show that increases in the min- pans man at the Delta Gamma sorority tional Governors Association I under- imum wage raised the food security of house- house. I also had a part-time job at the stand what it takes in order for people holds in which the householder, principal university bookstore. I was paid the to move off of welfare. For people to person in the household, has no more than a minimum wage for both jobs, which at move successfully from welfare to high school diploma or is a single parent or work, four things have to happen: One, both. The increases in the minimum wage the time was $1.60 per hour. If you ad- lessened hunger in all households, but par- just $1.60 for inflation, then the min- they have to have a job to go to; they ticularly in low-income households and in imum wage would presently be $8.50 per have to have a way to get to the job; those households in which the householder hour. they have to get some help with their was less educated, African-American, His- Senators BOXER and KENNEDY pro- health care; and they need some help panic or was a single parent. pose that we gradually raise the min- with their childcare. Those four things: Finally, I will include in the RECORD imum wage over the next 21⁄2 years. a job, the ability to get to a job, health the findings. These are briefly the find- They recommend raising it from the care, and childcare are critical. ings. current level of $5.15 per hour to $5.85 The other thing people have to have We find that: in the next 60 days, from $5.85 to $6.45 when they get off of welfare for work is (1) Increases in the Federal minimum wage a year later, and finally from $6.45 to $7 the belief that they will be better off to $4.25 in October of 1996 and $5.15 per hour the following year. working than on welfare. in September 1997— Some have said that such an increase In my own State of Delaware, we That was 7 years ago— goes too far, too fast, and have sug- adopted comprehensive welfare reform reduced hunger among all households and gested that we take a different ap- in the mid-1990s and phased in an in- in particular, in low-income households proach. However, we should do some crease in the minimum wage. Today, where individuals had completed no more math on the decline of the real value of the minimum wage in Delaware is $6.15 than a high school degree. . . . Hunger is de- the minimum wage. The current min- per hour. We increased the minimum

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3440 CONGRESSIONAL RECORD — SENATE March 31, 2004 wage to help people move off of wel- bills. And we, in the Democratic Party, Mr. TALENT. Madam President, the fare. We wanted to make sure that have been stung because we have not hour is getting late. I am going to take they were better off working than on been allowed to participate in these a few minutes of the Senate’s time to welfare. conferences. talk a little bit about welfare reform. I ask people to understand, whether We saw that happen with respect to It is a subject that has been close to you happen to be from Delaware or the Energy bill, where Democrats were my heart for a long time. I was a fresh- Maine—where the Presiding Officer is not invited to participate. We saw it man in the House when I introduced, from—or from any other State, to try happen to a large extent in the con- along with then-Congressman Tim to make it these days on $11,000 per ference on the Medicare prescription Hutchinson who subsequently served in year, while trying to hold a family to- drug bill, where, for the most part, this body, what we called the real wel- gether. It is incredibly difficult to do Democrats were not allowed to partici- fare reform act. so. pate in conference negotiations. We The idea behind that bill was to stop The other thing I want to say is on a cannot allow that to continue. Demo- talking about welfare reform in terms more macro-issue with respect to wel- crats are not going to allow that to of whether we could save money or fare reform legislation currently on the continue. Someday Democrats will be whether we could stop fraud in the wel- Senate floor. We should be able to pass in the majority. Someday our friends fare system and start talking about welfare reform legislation. Both sides on the other side will be in the minor- what was really at stake, which was re- agree on about 90 percent of the issues. ity. I ask them to keep that in mind placing a system that had punished For those issues that we do not agree because what is good for the goose is work, that had discouraged marriage, on, we should be able to reconcile our good for the gander. that had torn down neighborhoods, and differences. To the extent that we get closed out had mired people in despair and re- I believe that legislation I introduced of conference committees without any placed it with a system that encour- with Senator COLLINS, the Presiding active participation, the same thing aged work for able-bodied people, re- Officer, and with Senator BEN NELSON could happen to them. I would not quired it in some cases, that supported is a consensus bill on welfare reform— want to do it to them, and I do not like community-based solutions, and built we think it is a pretty good com- having it done to us. up neighborhoods. promise from what has been reported Part of this universal agreement in We talked about that bill for several out of the committee and has some of moving welfare reform and getting the years. Welfare reform gained steam. the changes that Democrats would like FSC bill onto the Senate floor is not There were some who opposed it the to see. That bill is a good compromise. just encouraging words about the con- whole time, who fought a last ditch ef- On our side, we want to have an op- ference, but a good, hard, fast agree- fort on behalf of the status quo; a pret- portunity to offer relevant amendment that Democrats will be full party lousy status quo it was, too. But ments to legislation before the Senate. ticipants in a welfare reform con- eventually we passed the bill by very One amendment is an increase in the ference with the House. large majorities in both Houses. Presi- It is too bad that the presiding offi- minimum wage, which I think is rel- dent Clinton signed it. There were pre- cer, Senator COLLINS, and I cannot evant to this particular bill. A second dictions of doom. It has turned out to work out these differences by our- amendment is an extension in unem- be—I guess now by consensus—the selves. We would pass a bill that we ne- ployment compensation benefits. We most successful legislation of the 1990s, gotiated with Senator NELSON of Ne- should extend unemployment com- braska. It would be pretty easy. and the most significant social reform pensation benefits until our economy is I do not mean to minimize nor make passed in the last generation in this stronger and we have more jobs for light of the toughness of the situation Congress. Now the extension of that people looking to work. we face, but we can get this done. We bill, the new welfare reform bill, the Senator HARKIN has an interest in of- need to get this done. We are going to attempt to extend the benefits of work fering an amendment on overtime reg- take a recess week sometime around and marriage to more and more people ulations, which has already passed the Good Friday. I sure hope we can go around this country, is being filibus- House and the Senate. He is deter- home having passed welfare reform leg- tered. mined to make sure he has a chance to islation through the Senate, and to That is not a new thing in this Sen- offer that again. have made good progress on FSC legis- ate. I made a quick list. We can’t ap- We are smart enough around here to lation as well. prove nominations for judges; that is be able to work with our Republican With respect to a reasonable increase being filibustered. The Energy bill was colleagues to come up with an agree- in the minimum wage, we should be filibustered. The liability relief bill ment that allows those three amend- able to get that done. It is the right was filibustered. The tax break for ments to be offered. and fair thing to do. We need to have manufacturers to try and keep manu- Once those amendments are offered, an extension of unemployment com- facturing jobs in the United States was we should be able to offer other rel- pensation benefits. While we have an filibustered. Now welfare reform is evant amendments to this welfare bill. official unemployment rate of about 5.6 being filibustered in the name of pass- I have a few amendments to offer, and percent, the rate is actually closer to ing a minimum wage increase. I know others do as well. We should be 7.5 percent once you count all the peo- Of course, there are varying opinions able to agree on a reasonable number ple who have run out of benefits or in the Senate and around the country of amendments—it could be 10, 20. We stopped looking for employment. about the minimum wage. I have sup- could also agree to an amount of time If we agree to those things, we ought ported it in the past, when it was on such amendments, for example, 10 to be able to get those bills done and linked to tax benefits or other kinds of minutes for proponents of the amend- move on to the next step in welfare re- support for small business because ment and 10 minutes for opponents of form. Welfare reform is a great experi- whatever you think of it, it is a man- the amendment. When the debate on an ment, made successful by our Nation’s date on small business. We ought to amendment is completed the Senate Governors. Members of the Senate support small businesspeople, the ones should vote. know how to make it even more suc- who are creating the jobs in the coun- I would be very disappointed if we cessful going forward. try, if we are asking them to increase went along and, at the end of next It has been a pleasure to do business their payments. week, were not able to close our dif- with the Presiding Officer and Senator Whether you do or you do not sup- ferences on welfare reform legislation NELSON on our side. I hope we can take port the minimum wage, though, it is a and the FSC bill. some of the provisions in our bill and terrible mistake to filibuster the wel- The last thing I will mention has to have an opportunity to offer them as fare reform bill in the name of passing do with conference committees. When an amendment to the bill in the next the minimum wage bill. As a matter of the House passes one bill, and the Sen- day or two. fact, my understanding is the leader- ate passes a different bill, we end up, a I yield the floor. ship has offered to take votes on that lot of times, in a conference negotia- The PRESIDING OFFICER. The Sen- and several other measures that Sen- tion to resolve differences between the ator from Missouri. ators on the other side want to offer, if

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3441 we can have some assurance the bill Government conditioned assistance to can help you learn how to resolve dis- will pass, some assurance that going poor people on them not doing the two putes, help you learn how to build through these amendments that are things that get people out of poverty. healthy relationships. That is in this not germane to the bill will allow us to They offered a package of benefits bill. pass the bill and then get to conference that, to somebody coming from a low- There are a lot of things in this bill and finally pass the bill and send it to income background, looked like a lot we know will make a difference for the President. That does not seem to of money—cash benefits, Medicaid, people because they have made a dif- me to be an unreasonable request. housing subsidies, food stamps—but ference for the last 7 or 8 years. It is Why is it so important that we pass only on the condition they not get a being filibustered in the name of help- welfare reform? What has happened job, they not get married, and they ing the poor. since 1996? Mr. President, 3.6 million have children anyway. That is how we Well, I don’t really know what to fewer Americans live in poverty now; ran the welfare system for 30 years. say. It seems to me we ought to be able 2.9 million fewer children live in pov- The poverty rate, which was 15 per- to come to some kind of an agreement erty. Child poverty is at its lowest cent in 1965, 30 years later was 15 per- here. I have been in meetings of Sen- rate. Kids are not as poor as they were. cent. But it was intractable poverty be- ators on this side of the aisle, when the In June 2002, there were 5 million wel- cause if you are 18 or 19 years old, you Republican leaders have said, we are fare recipients, which was a 65-percent have a child without being married, willing to give votes on some of these decrease from the 1994 level. The pov- you don’t have your education yet, a message amendments, but we want erty rate of single moms is the lowest couple years later you realize it is hard some assurance that we are going to rate in U.S. history. Even the out-of- now to climb the ladder. It is hard now have an opportunity to vote on the bill wedlock birth rate has stabilized and to realize the American dream. in final passage after a reasonable pe- gone down slightly since 1996. Well, we fixed that in 1996. We intro- riod of debate, and then go to con- I was at a press conference earlier duced a system where if you are able ference. today when a lady talked about the ef- bodied, we are going to help you work. I know the Senate is different than fect of this on her life. Because of wel- There is a constellation of benefits and other legislative bodies. I am new here fare reform, she is now working and supports in the bill to enable you to and it is an honor to be here. I have supporting her family. She talked work. The other day, we passed an had the privilege of meeting and work- about what it meant to her kids. The amendment increasing daycare in this ing with people on both sides of the first day she came home from work bill. I supported that to enable people aisle that I read about and saw on tele- with a paycheck, they waited for her, to work. vision for years, and they are an ex- and they wanted to go to the store and The bill extends the benefits of work tremely able group of people. But most pay cash at the grocery store instead of to more people and makes sure that legislative bodies are about actually having to use food stamps. They were the States around this country have to doing something. We have measures be- proud of their mother. There are sto- keep trying to help people get off wel- fore us that I know, if we can get to ries such as this all over the country. fare and into self-sufficiency. We final passage, would have substantial Now in the name of helping the poor, should define success not by how many majorities—bipartisan majorities. This some Members are holding up the wel- people we get on the welfare rolls, but is one of them. How come we cannot fare reform bill. There is an irony in by how many we get off. We can open get there? that. opportunities for millions of people It is hard not to reach the conclusion Let me talk a little bit about his- who currently don’t have it. that politics is being played—not poli- tory. Poverty in the United States in The bill contains a provision I tics in the broadest sense because actu- the immediate postwar era was about strongly support. It was in a measure I ally that is part of what democracy is 30 percent. It declined steadily for 20 had introduced, establishing a about, not laying forward an agenda, years until 1965; reached about 15 per- promarriage program. In 1996, we presenting it to people, and driving dis- cent in 1965. And that is when the Fed- talked a lot about reducing the out-of- tinctions between you and the people eral Government declared war on pov- wedlock birth rate. That was a good who disagree with you and getting sup- erty, which was a good thing. One of thing to do. We wanted kids to have port from the public so you can move the frustrations about this whole expe- dads. I am glad we introduced that sub- an agenda that makes a difference, but rience is there is a consensus. If we ject. In a sense, we were fighting the the politics of controlling or shifting look beyond the politics of the 24-hour darkness by talking about what we the discussion from an issue focus news cycle and look where the two were against. The bill we are debating groups say doesn’t help you on an great parties in this country have come today lights a candle. You cannot just issue, but the focus group says does from, what their mainstream beliefs fight the darkness; you have to let in help. I don’t think that politics works. are, there should be a consensus about the light. Here we are holding up legislation on welfare reform. There is on final votes. There is a $300 million grant program behalf of—I am afraid to say it, but I Liberals, in 1965, got the Federal here, encouraging the States to go to think of politics that is not even very Government aggressively in the busi- people when they apply for welfare and good politics and certainly will end up ness of trying to do something about talk to them about the benefits of hurting a lot of people. poverty. That was a good impulse. healthy marriage. The surveys show I have worked on this subject for a What went wrong with it was that they that a majority of folks applying for long time. I have an underlying faith did it in such a way that showed a dis- welfare—or many of them—are living that we are going to get our act to- respect for the basic values that have with the partner with whom they are gether at some point and get this done. always gotten people out of poverty. having a child. Many of them, if not I know too many people of good will in The two best antipoverty programs, most, are thinking about marriage. this body. I emphasize again how im- historically, in the United States, the There may be many reasons in their portant this is to real people. I have way people get out of poverty have minds why they don’t want to do it. been all over this country, all over my been work and marriage, family. They Maybe their parents had bad experi- State of Missouri, and I have talked to work and they marry somebody who ences. Maybe they are not certain so many people, recipients, people who works. They get out of poverty. about the partner. Maybe they have work with welfare recipients, who are Poverty is not that unusual an expe- fights and they don’t know how to re- excited about what has happened in the rience for Americans. Most Americans solve that. What an opportunity we last 7 or 8 years as a result of the pas- either grew up in poverty or they have have at that point—and often through sage of the 1996 bill. We did something a parent who grew up in poverty or at community-based organizations that good. least a grandparent who grew up in have grown up in the last 10 years—to Work and marriage can make a dif- poverty. That is how they got out of approach them and say, here are the ference for people. We can have a Fed- poverty. benefits to your children of being mar- eral Government that is aggressive in For 30 years, from 1965 to 1995, in the ried, if you can do it in a healthy way. helping people in a way that is con- name of fighting poverty, the Federal Here is how you can do it that way. We sistent with the great values upon

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3442 CONGRESSIONAL RECORD — SENATE March 31, 2004 which we built this country. That is at This is something I know something of our dear friend and former colleague stake with this bill. about. Before I came to the Senate, I Pat Moynihan. As conservative col- I hope we can reach some kind of was the chairman and CEO of a com- umnist George Will noted, Pat was conclusion. I am certainly willing to pany called ADP, Automatic Data fond of saying: Everybody is entitled to vote on these other issues. I might Processing. It was a company I started their own opinions but not their own have a few extraneous amendments I with two other neighborhood friends in facts. I wonder if Members on the other would not mind offering myself. But at the city of Paterson, NJ. The company side of the aisle agree with me. the end of the day, we need to get this was named in its earliest days Auto- I ask unanimous consent to have bill done, send it to the House, con- matic Payroll. Later on, as we ex- printed in the RECORD a statement ference on it, and get it to the Presi- panded our reach of services, it was Alan Greenspan and others have at- dent. We can all be certain that when changed to Automatic Data Proc- tested to. That statement refers to the we do that, the bill we produce is not essing, ADP. For the information we household survey versus the payroll going to be perfect in anybody’s eyes, are discussing here, it specialized, survey and it quotes several people. but it will be a step down the road we among other services, in payroll proc- One is Alan Greenspan, who said at the took in 1996, which made a difference in essing—in other words, writing pay- House Budget Committee hearing on the country to those who are the most checks for client companies that relied February 11, 2004: Everything we have powerless. on us to compute their payrolls. Now, I looked at suggests that the payroll I yield the floor. know a paycheck when I see one. ADP, data is what has to be followed. Addi- Mr. President, I suggest the absence the company I helped found and run for tionally, the establishment survey, the of a quorum. many years, pays over 30 million peo- payroll survey, better reflects the state The PRESIDING OFFICER. The ple each and every pay period. Approxi- of labor markets. That is from CBO, clerk will call the roll. mately 10 million of them are outside the Congressional Budget Office. That The assistant legislative clerk pro- our boundaries in other countries, but was done in a report called the Budget ceeded to call the roll. more than 20 million work in America and the Economic Outlook, an update, Mr. LAUTENBERG. Mr. President, I and are paid right here. So I know August 2003. ask unanimous consent that the order something about payroll structure. Another statement that the payroll for the quorum call be rescinded. Interestingly, one of our most distin- survey is the best indicator of current The PRESIDING OFFICER (Mr. guished board members was a fellow job trends was made by Kathleen ALEXANDER). Without objection, it is so named Alan Greenspan, the Alan ordered. Utgoff, the Commissioner of the Bu- Greenspan who is now the Chairman of reau of Labor Statistics—which is the THE ECONOMY the Fed. He was on the ADP board. He organization that conducts the sur- Mr. LAUTENBERG. Mr. President, I was on the ADP board as a very valu- veys—at a hearing before the Joint have a couple of statements I wish to able director. He developed a service make. I appreciate the recognition Economic Committee, March of 2004. that was called the ‘‘econometrics’’ One final thing is the fact that the 2004 from the Presiding Officer for this pur- plan. ADP, my company, the computer pose. economic report of the President uses service company, would deliver this the payroll survey to assess the state Earlier today, there were statements service—they called it an online serv- made on the floor, echoed by the junior of the labor market. I do not think ice—and we would process the work we there can be any doubt about which Senator from Colorado, in which he did for Alan Greenspan’s company as claimed several times President Bush one is the more reliable one to use. well as for clients, over 500,000 of them There being no objection, the mate- inherited a bad economy. I know my today, through cities and towns across friends on the other side of the aisle rial was ordered to be printed in the America. RECORD, as follows: genuinely want to believe that, but it When Alan Greenspan, the talented is simply not true. That is not the fact. ‘‘Everything we’ve looked at suggests that and credible Chairman of the Federal it’s the payroll data . . . which you have to The official arbiter of when reces- Reserve, says use the payroll survey to sions begin and end is the National Bu- follow.’’—Alan Greenspan, testifying before a get reliable data on how many people House Budget Committee Hearing, February reau of Economic Research, NBER. De- have jobs and are getting paid that 11th, 2004. spite intense and inappropriate polit- way, I think it has to be treated with ‘‘The establishment [payroll] survey better ical pressure from the White House, the great respect. reflects the state of labor markets.’’—Con- NBER continues to insist the recession According again to the payroll sur- gressional Budget Office, The Budget and began in March of 2001, nearly 3 vey—not the household survey. The Economic Outlook: An Update, August 2003, months after President Bush took of- household survey is done in a different page 34. fice. Facts are stubborn. ‘‘The payroll survey is the best indicator of manner. They are both done by BLS, current job trends.’’—Kathleen Utgoff, Com- On a related note, the junior Senator the Bureau of Labor Statistics, but the missioner of the Bureau of Labor Statistics, from Texas was on the floor some time payroll survey is the one that tells the which conducts the surveys, at a hearing be- ago with a poster that read: Most jobs true story—they say the economy has fore the Joint Economic Committee, March ever. Perhaps he was referring to India. lost more than 2 million jobs since 2004. He certainly could not be referring to George Bush took office, making him The 2004 Economic Report of the President the United States. the first President since Herbert Hoo- uses the payroll survey to assess the state of the labor market. Yesterday, we had another adminis- ver—and I said this before and I mean tration official—in this instance Treas- no disrespect—and the Great Depres- EMERGENCY CONTRACEPTION ury Secretary Snow—talking about sion to preside over a net job loss dur- Mr. LAUTENBERG. I would like to how wonderful outsourcing is for our ing his term in office. Again, I mean no discuss another subject, if I might, and economy. Don’t ask the people who are personal disrespect, but the facts ought that is something that came about this out of work, I can tell you that, and to be presented accurately. week that was discussed in my State’s don’t ask their families. These are the facts: For every minute largest newspapers about the adminis- This notion the U.S. economy is cur- George Bush has been President, nearly tration’s interference in the FDA’s pro- rently generating record numbers of two Americans have lost their private posed approval of emergency contra- jobs is thoroughly specious. It would be sector jobs. I know it is difficult for ception for over-the-counter sales. I be- laughable if it were not so pathetic. our friends on the other side. The Re- lieve the administration’s activity is The claim is based on data selectively publicans have an impossible task of another example of their desire to es- culled from something called the trying to convince Americans the econ- tablish a ‘‘maleogarchy’’ in this coun- household survey. Economists from omy is better now than it was before try. ‘‘Maleogarchy’’ is a phrase I Alan Greenspan on down insist the ac- George Bush became President. It is a coined. It talks about men making all curate measure of jobs gained and lost difficult task. They should try to re- the decisions that affect not only is the payroll survey. Even the Presi- frain from saying things everyone themselves but the female population dent’s own Council of Economic Advis- knows are just plain untrue. of the country. ers relies on that which we call the On Monday, I attended a symposium We saw that most notably on Novem- payroll survey. in New York City on the life and career ber 6, 2003, in the Washington Post

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3443 when a group of men was standing with In countries such as Saudi Arabia [From the Newark Star-Ledger, Mar. 29, 2004] the President of the United States they have morals police who chase FDA’S INDECISION ON ‘MORNING AFTER’ PILL gleefully talking when the President these women, embarrass them, and who STIRS CONCERN signed a bill that restricted a woman’s will hit them. We in this country be- (By Robert Cohen) choice, even though it was made osten- lieve that, regardless of gender, people WASHINGTON.—A scientific advisory panel’s sibly with her doctor and in the best are appropriately treated as equals. overwhelming vote three months ago endors- interest of her health. Yet again Presi- We see a dangerous trend by this ad- ing over-the-counter sales of the ‘‘morning dent Bush and other male politicians ministration. We see the corruption of after’’ pill left family planning groups confident of the Food and Drug Administra- want to take away a woman’s right to science. In some ways they are adopt- tion’s approval. make decisions about her health and ing the scientific standards we saw in But that was before the FDA unexpectedly her body. Afghanistan, allowing religious fun- delayed its decision after 49 conservative These are the facts: On December 16, damentalists to trump legitimate members of Congress wrote President Bush 2003, two separate FDA advisory com- science. The Bush administration’s in- objecting to the panel’s conclusion and urg- mittees overwhelmingly recommended trusions into scientific decisionmaking ing that sales of the emergency contracep- the emergency contraception known as threaten the future credibility of tive be restricted to prescription holders. The FDA’s action last month has raised plan B be made available to women American science. fears among the pill’s proponents that the over the counter. The FDA almost al- Should high school science teachers panel’s scientific and public health findings ways follows the advice of its scientific tell students that the discoveries in will be trumped by election-year politics. advisory committees. But then a funny their textbooks become null and void if ‘‘For some members of the Bush adminis- thing got in the way of the science. I rightwing politicians decide they don’t tration and the president’s political base, will call it rightwing politics. Extrem- like the results? No, that cannot hap- this product being available without a pre- ists, anti-choice groups, and their al- pen. We are in the 21st century, but in scription to young people files in the face of lies in Congress objected to the FDA their message, which is abstinence or else. many ways we are still fighting the At this point, we’re very concerned that poli- advisory committee decision. They Scopes trial. In fact, we have seen far tics was involved,’’ said Kristen Moore of the made their opposition loud and clear. right politicians in many States, and Reproductive Health Technologies Project, a Once again I say, these decisions are even here in Congress, continue to group that promotes contraception. made by the FDA after their scientific challenge the teaching of evolution in But FDA officials said the delay has noth- advisory committees come up with schools. What is next? Will the flat ing to do with politics, and that a final deci- their recommendations. Science first Earth theory make a comeback? sion will be made by May. Susan Cruzan, an and then the decision. Aside from serious scientific con- FDA spokeswoman, said the agency first The effect of this opposition? FDA wants to review data on use of the contra- cerns, there are grave consequences for ceptive by teenagers. suddenly announced, after they were women who are denied this drug. Each ‘‘The FDA bases its decisions on science,’’ ready to clear it, that it was delaying year, approximately 25,000 women in she said. any decision on the approval of the the United States become pregnant as This is not the first time the Bush admin- drug. This is no coincidence. The Bush a result of rape. An estimated 22,000 of istration has been accused of politicizing administration is caving to political these pregnancies could be prevented if science. Last month, 60 leading scientists, pressure from ultraconservatives and these victims have access to emer- including 12 Nobel laureates, accused the administration of undermining the govern- risking the credibility of FDA’s sci- gency contraception. Increased use of ment’s scientific advisory system by dis- entific panels. emergency contraception could reduce torting and suppressing data to meet its pol- For an understanding of what has the number of unintended pregnancies icy goals. taken place, it is hard to come up with and abortions by half. Reducing abor- Critics of the emergency contraceptive— a conclusion that this emergency con- tions is something we would all like to mostly religious conservatives and anti- traception ought not to be available. see, but it is not our choice. It is the abortion groups—counter the claims of poli- These actions they took beg the ques- choice, it should be the choice, of the tics by accusing liberal, pro-abortion organi- tion about who is running the FDA, zations of ignoring health concerns to foster woman, her conscience, with her doctor their own agenda. scientists or politicians? I think the and perhaps her entire family. But the ‘‘When the supporters argue politics, they answer is clear. Science has taken a choice is not ours to make. It is not for are simply trying to divert attention from backseat to politics in this administra- the ‘‘maleogarchy’’ to make those deci- the real risks of making this product readily tion. It is disgraceful. Using the FDA sions. available,’’ said Wendy Wright, a policy di- to promote a political agenda not only The FDA advisory committee agreed rector for Concerned Women for America, a threatens women’s health but every- that emergency contraception meets conservative advocacy group dedicated to one’s health. It threatens the health of promoting biblical values. all of the standards for an over-the- ‘‘We don’t know how this affects adoles- our society. counter drug: It is safe; it is effective; cents, who are the target market,’’ she said. Do we want to resemble what we see it is simple to use; it is not associated Wright’s group, along with the Catholic in places such as Iraq, where women with any serious or harmful side ef- Medical Association, the American Life are subjected to second-class treat- fects; and it is not dangerous to women League and others, argue that making emer- ment? I was once in Saudi Arabia, in with particular medical conditions. gency contraceptives as easy to purchase as the first Gulf war. I was in the airport. Leading medical organizations includ- aspiring will increase sexual promiscuity There was a fellow there wearing a turing the American College of Obstetri- among adolescents and cause the spread of sexually transmitted diseases. ban and a long dress-type suit. At his cians and Gynecologists, Society for Morning-after pills have been sold by pre- feet was what I thought was a bag of Adolescent Medicine, and the Amer- scription in the United States since 1998, and rags, black rags, because it just looked ican Academy of Pediatrics all support contain higher doses of the hormones used in tumbled together and there it was. The over-the-counter access to emergency regular birth control pills. The emergency man was standing there smoking a cig- contraception. It is time for the admin- contraceptives are considered effective in arette. But when he moved to another istration to stop playing games with preventing pregnancy up to 72 hours after location, the bag of rags turned out to women’s health and the integrity of sex, but work best if taken in the first 24 be a lady, small in stature, wearing hours. American science. The FDA should be Barr Laboratories of Woodcliff Lake re- black over her face and her body, and allowed to act, free of political inter- cently purchased the rights to the contracep- she followed this man, and as soon as ference. tive, known as Plan B, from the privately he stopped walking, she sat down Mr. President, I ask unanimous con- held Woman’s Capital Corp. Barr holds the again, curled herself up like a bag, cov- sent that an article on the administra- pending FDA application to sell its product ered herself over with the black cloth. tion’s action on emergency contracep- without a prescription. I will never forget that. This disdain tion from our States largest paper, the An FDA advisory panel voted 23–4 in De- for a female, for the rights of women is cember to recommend the over-the-counter Newark Star-Ledger, be printed in the sale of Plan B, finding it to be a safe and ef- so outrageous that every woman has to RECORD, and I yield the floor. fective way to prevent unwanted pregnancies cover her face—whether she wants to There being no objection, the mate- and reduce the number of abortions. The or not, by the way. That’s not an op- rial was ordered to be printed in the FDA normally follows the advice of its advi- tion. It’s ‘‘you must.’’ RECORD, as follows: sory committees.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3444 CONGRESSIONAL RECORD — SENATE March 31, 2004 But in January, 49 members of the House, Gasoline prices affect Americans in is about 2.8 million barrels per day led by Rep. David Weldon (F-Fla), sent their the pocketbook. On the average, the lower than it otherwise would be. letter to President Bush. cost of gasoline is about half of a fam- Studies have shown consumers can ‘‘We are very concerned that no data is ily’s transportation expenses. We love save as much as $2,000 over the lifetime available to suggest what impact this deci- our cars, we love our trucks, we are in sion will have on the sexual behavior of ado- of a car from higher fuel efficiency, lescents and the subsequent impact on ado- them a lot, and when gasoline prices go even accounting for the cost of new ve- lescent sexual health,’’ the letter said. ‘‘We up, we pay more. The low-income fami- hicle technology. are concerned that adolescent exposure to lies are hit the hardest by high trans- Raising fuel economy standards to 40 sexually transmitted infection will increase. portation costs. The poorest 20 percent miles per gallon would save consumers This availability may ultimately result in of American households, those earning a cumulative $45.8 billion within about significant increases in cancer, infertility, less than $13,908 after taxes per year, 10 years. and HIV/AIDS.’’ spend 40 percent of their take-home Unfortunately, since peaking at 22.1 The lawmakers are among the supporters pay on transportation. miles per gallon in 1987 and 1998, aver- of Bush’s policy stressing abstinence rather There are many factors that have led age fuel economy declined nearly 8 per- than birth control and sex education. The to these high prices, some of them on president has proposed doubling the funding cent to 20.4 in 2001, lower than it has next year to $270 million for ‘‘abstinence the supply side and some on the de- been at any time since 1980. only’’ programs for teens. mand side. U.S. crude oil inventories Consider that for a moment. Instead ‘‘Abstinence for young people is the only hit a 28-year low in January of this of having more fuel efficiency and certain way to avoid sexually transmitted year. OPEC has been very prudent in more fuel economy and less demand for diseases,’’ Bush said in his State of the putting oil on the market. I will get to foreign oil, our cars and trucks are less Union address in January. the most current announcement on efficient burning gasoline, cause more Carol Cox, a spokeswoman for Barr Labs, OPEC policy in a few minutes. In addi- pollution, and increase our dependence said the company has submitted the infor- tion, refinery capacity in the United mation sought by the FDA and will ‘‘con- on foreign oil. States has been down for years. The Energy bill brought to us by the tinue to work with the agency.’’ Cox said the In the United States, cars, SUVs, Bush administration didn’t include any company ‘‘does not view the delay as a posi- pickup trucks, and minivans account tive development,’’ but remains hopeful. provision whatsoever to improve effi- ‘‘We believe this product meets criteria of for 40 percent of oil consumption, and the transportation sector itself ac- ciency. over-the-counter status,’’ she said. I will add, in all honesty and candor, James Trussell, director of Princeton Uni- counts for 60 percent overall. Almost nothing has been done to curb this de- that the automobile manufacturers in versity’s Office of Population Research and a the United States and their unions also member of the FDA advisory panel, said the mand. The best way to address rising studies sought by the FDA were thoroughly gasoline prices is to curb our Nation’s oppose increasing the fuel efficiency in reviewed by the committee. insatiable thirst for guzzling gas. cars. I think their reasoning is wrong. ‘‘The studies find that easy availability of I am leading the fight in the Senate I think their excuses are lame. I think emergency contraception does not promote to try to lessen overall demand for gas they are so shortsighted to believe that risk taking, does not discourage condom use by improving the fuel efficiency of cars we can continue to build the most fuel- or use of regular contraception. This product and light trucks. Last year, I offered inefficient cars and trucks in the world should go over-the-counter because it will an amendment to the energy bill which and not run into the same problem we reduce unintended pregnancies,’’ Trussell face today of increasing costs for fuel. said. would have increased the Corporate ‘‘If the FDA does not approve Plan B to go Average Fuel Economy—or CAFE— As our demand increases, we can’t over-the-counter, the decision will not have law’s standard for cars and SUVs to 40 produce enough fuel on our own. We been based on the science because the miles a gallon by the year 2015, and the import more and become more depend- science says the drug is safe and effective to standard for trucks to 27.5 gallons in ent on foreign fuel and, frankly, be sold without a prescription,’’ he said. the same year. enslaved to OPEC. In a minute I will Sarah Brown, director of the National I also introduced legislation that tell you what that enslaved position re- Campaign to Prevent Teen Pregnancy, said would discourage the building of more sulted in. pregnancy rates among adolescents in the SUVs that achieve less than 15 miles I say to my colleagues and many who United States have been dropping but are still the highest in the industrialized world. per gallon, and to address the tax cred- have come to the floor to talk about She said multiple strategies involving ‘‘less it currently given to these SUVs, these gasoline prices, go back and check the sex and more contraception’’ are needed. gas guzzlers, and instead create a tax CONGRESSIONAL RECORD. How did you ‘‘The government should approve the over- credit for consumers who purchase vote when it came to making cars and the-counter availability of the emergency more fuel-efficient cars. trucks more fuel efficient? Sadly, very contraceptives,’’ Brown said. ‘‘It probably The Bush administration finalized few of my colleagues joined me. It did will make some contribution to reduce teen regulations for SUVs and pickup not win a majority vote. I think those pregnancies. Will it eliminate it or dramati- trucks that would save at the most 20 who complain today ought to take an cally change adolescent sexual behavior? I billion gallons by 2015. This is one- doubt it.’’ inventory of their own voting record on sixth of the savings that would have this issue. The PRESIDING OFFICER. The Sen- occurred under the proposal I am offer- There are many things we should do. ator from Illinois. ing—one-sixth. What I offered would If we don’t start fuel conservation and ESCALATING GASOLINE PRICES have saved 123 billion gallons of gaso- fuel efficiency and fuel economy, Mr. DURBIN. Mr. President, I thank line by the year 2015—123 billion by re- frankly, we will continue to be captives my colleague from New Jersey for his ducing demand. of the oil cartel. We will continue to leadership in the presentation he just I urged my colleagues at the time to watch these prices rise at the pump made to the Senate. I would like at read the writing on the wall and realize with very little we can do in response. this time to address an issue that is ex- if we didn’t reduce the demand for gas- The next time we debate energy pol- tremely topical in Illinois and across oline for cars and trucks, we would not icy, I will be offering this amendment the Nation, more so in some States only have skyrocketing gasoline prices again. I hope we will do the right than others, but it is the escalating but even more pollution. thing. gasoline prices people are facing. The New York Times editorial, Mon- In the meantime, what do we do Global crude oil prices are as high as day, March 22, 2004: about the current prices? It is inter- they have been in a year. Domestically, A much better way to strengthen Amer- esting what some have said when it retail gasoline prices are as high as ica’s leverage . . . is for the United States to limit its own consumption of energy . . . comes to the current prices. they ever were, with the average price [T]he most straightforward [way] is to raise During the Republican primary de- of gasoline $1.738, higher than a year fuel economy standards by significant bate in Manchester, NH, in the year ago. In Illinois, the current sale price amounts. This is exactly what the country 2000, in January, then-Governor Bush of gas is $1.756 cents, which is higher did after the oil shocks of the 1970’s, result- of Texas said: than the current national average, ing in huge savings in imported oil. What I think the President ought to do is higher than a month ago, and 4 cents Thanks to the Corporate Average he ought to get on the phone with the OPEC higher than the average a year ago. Fuel Economy, CAFE, oil consumption cartel and say we expect you to open your

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3445 spigots. One reason why the price is so high nominee for President of United Is it the fact that some of the OPEC is because the price of crude oil has been States, for supporting a 50-cent-a-gal- cartel countries have been some of the driven up. OPEC has gotten its supply act to- lon gas tax, saying that the tax in- favorites of this administration for po- gether and it is driving the price like it did crease will cause the average consumer litical and other reasons? in the past, and the President of the United States must jawbone OPEC members to to pay $657 more a year, and that he What is it all about? Why wouldn’t lower the price. supported high gasoline taxes 11 times. this President, facing a gasoline crisis Faced with these skyrocketing gaso- This morning, the Washington Post in America today, do what he said he line prices, the obvious question is, Did decided to look at the charges, the neg- would do when he ran for office in the President Bush do what candidate Bush ative ad, that is being run against JOHN year 2000? It is an answer I cannot suggested? The answer is no. KERRY. Here is what they had to say: come up with. But I will tell you, the Listen to what the Secretary of En- Unlike three previous negative ads, this American people will come up with it. ergy, Spencer Abraham, had to say on spot softens its charges with a mocking tone They understand what this is all about. and funny footage against the ‘‘wacky’’ The President can promise tiny little March 24, just a few days ago, when he Kerry. was asked about whether the adminis- tax cuts for working families and mas- This is from the Washington Post. tration should put pressure on OPEC sive tax cuts for the wealthy, and then not to cut the supply of oil and raise But it unfairly presents a gas-tax hike as if turn around and fail to show leadership it were the Senator’s current position, when prices in America. on gasoline prices, and watch whatever most of the examples are a decade old. Kerry benefit those small tax cuts meant to I quote the Secretary of Energy, voted in 1993 for the Clinton economic pack- Spencer Abraham, from the Wash- lower-income families disappear. age, which included a 4.3 cent increase in the The Bush administration’s failed ington Times. gas tax, and is widely credited with boosting policies have created record high prices Abraham said the administration would the economy. He also opposed several Repub- not temporarily stop filling the Strategic lican efforts to repeal the tax. for gasoline. Americans are paying 12 percent more for gasoline since former Petroleum Reserve to help lower oil prices The article goes on to say, analyzing oil industry executives President Bush and it would not publicly call on OPEC to the Bush negative ad: roll back production cuts scheduled for April and Vice President CHENEY took office 1st. Kerry spoke in favor of a 50-cent hike in 1994 and as a possible way of cutting the def- on the pledge that their ties to the oil Here are the words of Secretary icit, but no such proposal came to a vote and industry would lead to lower gas Abraham: he later changed his mind. His only recent prices. We’ve . . . made clear we are not going to vote was in 2000, when Kerry opposed the Well, it did not work, just as the beg them for oil. GOP effort to suspend 18 cents in gas taxes President’s economic policy did not What it means is when candidate for five months. work. Here we have a President who, in Bush went to Manchester, NH, and said The article goes on to say, analyzing a matter of 3 years and a few months, we need a forceful President who will the Bush attack ad: has lost more jobs in America than any stand up to OPEC to defend businesses The ad fails to mention that the President, President in the last 70 years, and that and families and individuals across who promised in 2000 to trim gas taxes, has includes Republicans and Democrats America who are paying the price of never proposed such a cut. Bush campaign alike. Tax cuts to the wealthy did not higher gasoline prices, candidate Bush manager Ken Mehlman said Kerry last year create jobs. And the President’s cozy opposed Bush’s energy bill, designed to boost when he became President Bush suf- relationship with the oil companies oil in part by allowing drilling in Alaska. and the oil sector certainly has not fered severe political amnesia. He for- Kerry’s spokeswoman Stephanie Cutter got what he said. Look where we are called the measure ‘‘a giveaway’’ to the oil kept gasoline prices under control. The today. companies and a Republican-controlled Con- President refuses to confront OPEC The unfortunate reality is that we gress killed it. The Kerry camp dug out a and tell them they have to stop taking have a press release today from Vi- quote in which Bush’s top economic adviser advantage of American families and enna, Austria, from Reuters, which [the ever-present and almost infamous] N. businesses. said: Gregory Mankiw, backed a 50-cent gas tax in Secretary Abraham: ‘‘We won’t beg 1999. ’‘OPEC agreed Wednesday to endorse tight- for oil.’’ er curbs on oil production, ignoring concerns You may remember Mr. Mankiw. Mr. Well, I do not think you have to beg. in some countries about crude oil prices near Mankiw was the man, the President’s Many of these countries in the Middle their highest level in 13 years,’’ ministers economic adviser, who sent the eco- East, as part of the OPEC cartel, de- said. nomic report to Congress. In it Mr. pend on the United States for an im- ‘‘The Organization of Petroleum Exporting Mankiw, with his own insight as the portant and valuable market. They de- Countries decided to implement a deal cut- top economist of the Bush administra- pend on the United States for many se- ting 1 million barrels a day from April 1,’’ Iranian Oil Minister Bijan Zanganeh said. tion, said that the outsourcing of jobs curity items. They depend on the Libyian Oil Minister Fethi bin Chetwane to India and China was a good thing. United States and its friendship and al- also said that the cartel formally agreed Now we were trading in new things like liance when things get tough, such as Wednesday to implement the cuts, which call centers. It was a good thing— the instance in Kuwait and the Persian were first proposed in Algiers in February. Mankiw’s own words. Gulf crisis. Benchmark U.S. crude traded up 25 So Mr. Mankiw, top economic adviser Why wouldn’t this President go to cents to $36.50 a barrel with the New to George Bush, it turns out, was sup- the leaders in OPEC and tell them York Mercantile Exchange’s gasoline porting a 50-cent increase in the gaso- what they were doing to America and contracts sitting at an all-time high of line tax in 1999. Interesting. And Presi- the American economy, gripped with $1.177 a gallon. dent Bush and his campaign continue this so-called jobless recovery. Frank- What is happening? Because this ad- to run ads attacking JOHN KERRY and ly, a jobless recovery is no recovery at ministration refuses to confront OPEC, saying that the real reason for the gas- all. We all know that. Facing a jobless because as Secretary of Energy Abra- oline price increases that we are seeing recovery, this President will not con- ham said, we are not going to beg for across America is JOHN KERRY voting front OPEC and tell them: Keep gaso- oil, because President Bush forgot for a 4.3-cent gasoline tax increase 11 line prices low; increase your exports what he promised when he ran for years ago. of crude oil so we do not run up the President 4 years ago, American fami- Is that as good as they can get? Is cost of business for small and large lies and businesses will face oil prices that the best they can come up with? businesses alike, and run up the cost of at record high and historic levels. What they are ignoring is the obvious. living for average working families. What has been the response of the They are ignoring the fact that this Economist David Rosenberg told Bush administration to this reality? President has the power, as President CNN’s Lou Dobbs: The response was to prepare a cam- of the United States, to put the pres- [P]ain at the pump has wiped out more paign ad attacking JOHN KERRY. The sure on OPEC, and refuses to do it. than $20 billion of the coming $40 billion in campaign ad just started to run. It is Why? Why is this President backing tax refund checks. an ad which criticizes Senator JOHN away? Is it this oil connection with the How did he come to that conclusion? KERRY, the purported Democratic President and Vice President CHENEY? On January 5, American consumers

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3446 CONGRESSIONAL RECORD — SENATE March 31, 2004 paid $1.51 for an average gallon of gas. istration has refused to release detailed first time in history, a President has As of today, less than 3 months later, records of the meetings to the General proposed cutting overtime pay for 8 they are paying $1.75 a gallon—a 24- Accounting Office, the investigative million workers in America. cent increase since January. branch of Congress. The secrecy sur- Think about that. If he is successful According to the Wall Street Jour- rounding the meetings is so unusual in doing that, it means that the work- nal: and unprecedented that the Supreme ers who are going to work today will [E]very penny increase in a gallon of gas Court on April 27—just a few weeks have to work longer hours just to keep costs consumers $1 billion a year. from now—will hear arguments that up with the lost pay from this Bush ad- So if prices remain high, that means the records for the meetings should be ministration policy. So who are these a $24 billion gas tax hike has been opened. workers? They are policemen, fire- placed on the American people, for the Republicans have criticized JOHN fighters, nurses, and people, frankly, failure of the Bush administration to KERRY for supporting gas taxes in his who we count on every single day. This confront the OPEC cartel, as he prom- Senate career, but, as I have said, these is an administration which won’t pro- ised to do. charges are grossly exaggerated and a vide unemployment compensation de- But that is not all. distortion. This, frankly, is what I am spite losing millions of jobs since the Nationwide gas prices have risen 12 afraid we can expect more of during President was elected, an administra- percent since the year 2000 and are ex- this campaign. But I think the Amer- tion which cuts overtime pay for some pected to skyrocket upwards to $1.83 a ican people know, while Republicans 8 million workers, and an administra- gallon this summer when gasoline make a lot of noise about opposing a tion which has decided as a matter of prices usually peak—a 17-percent in- gas tax, the record tells a different policy it will not support an increase in crease in gasoline prices since Presi- story. the minimum wage for workers in dent Bush took office. Ronald Reagan said of the gas tax: America. So what is wrong with this picture? The cost to the average motorist will be We are in the midst of debating the When it comes to employment, there is small, but the benefit to our transportation welfare bill. I voted for welfare reform. nothing but bad news in statistics. The system will be immense. I hope I can vote for this bill. There are unemployment rates continue to go up. Republican leaders in the House have many positive aspects to it. But if we When it comes to gasoline prices and pushed for a gas tax hike this year. In want to keep people off welfare, if we its cost to families and businesses, fact, House Transportation and Infra- want to reward work and reward the right decisions, then we certainly more bad news from the Bush adminis- structure Chairman DON YOUNG of tration: a 17-percent anticipated in- Alaska proposed a 5.4-cent-per-gallon should give fair and adequate com- crease by this summer. gas increase this Congress. And Presi- pensation to those who struggle. Can Guy Caruso, the administrator of the dent Bush, who promised to cut the gas you think of what life would be like if you faced $5.15 an hour, a little over Energy Information Administration, tax as a candidate, has never acted to $10,000 a year, as your total income, told the Senate Energy and Natural do so once in office. Resources Committee that an average So I think what faces America is and then add on to that a second job, if family will spend about $1,700 for gaso- clear. We need leadership in the White you could get it, that has you working 16 hours a day and doubles your income line in 2004. At today’s gas prices, this House that is not afraid to confront to $20,000 or $22,000 a year? means the average family will spend OPEC. We need a President who is not These proud and hard-working people afraid to get on the phone, through his over $300 more for gas than they would get up and go to work every single day. Secretary of State, Secretary of En- have if prices were at the level they They are the visible Americans who were the week President George W. ergy, and say to those in the OPEC car- make the beds in our hotel rooms, bus Bush took office. tel that they cannot unilaterally put our tables in the restaurants, wash the As I said, candidate Bush knew what us in a position where our economy— dishes in back of the kitchen, deal with to do. President Bush refused to do it. struggling to come out of recession, tending our children in daycare facili- Candidate Bush said: Confront the struggling to recover, struggling to ties. We have said, because of the re- OPEC cartel. President Bush said: We create jobs—is going to end up hat in fusal of this administration and Con- are not going to dirty our hands by hand, in a situation where we have no gress to increase the minimum wage, ‘‘begging for oil.’’ recourse for families and for busi- that we have so little respect for their Because the Bush administration did nesses. work ethic we will not allow the min- not follow its own advice from 2000, But the Bush administration failed. imum wage to be increased in America. OPEC has decided to pursue additional They failed to do what the President The insensitivity of this administra- cuts, leaving American consumers should have done in showing leadership tion to working families and to the sad more susceptible to higher gas prices. on this issue. The President said one state of the economy has been docu- Let me say, gas prices have been an thing in the campaign and has done an- mented again, not just with unemploy- issue for the Vice President, too. On other thing now in the White House. ment compensation, not just with over- October 9, 1986—since President Bush’s American families are going to have time pay, not just with its resistance campaign is dredging up history when to face that cost. When you look at to increasing the minimum wage, but it comes to JOHN KERRY—as a Member this record, sadly, it is not too much of with the refusal of this President to of the House of Representatives, DICK a surprise. Here we are faced with a keep his campaign promise from the CHENEY, our Vice President, introduced struggling economy and an administra- year 2000 and to put pressure on OPEC a bill to establish a $24-per-barrel price tion which, despite losing more jobs not to cut the production of oil, forcing floor on imported crude oil—a manda- than any President in 7 years, refuses an increase in gasoline prices across tory minimum price, indexed to infla- to support a payout of unemployment America. tion, that today would have reached as compensation to the workers and fami- We need more compassion from this high as $36.12 a gallon. If Vice Presi- lies who have lost their jobs, an admin- administration. We need more of a con- dent CHENEY’s bill had passed in 1986, istration which understands that more nection between this administration consumers would have paid over $1.2 workers are working longer hours to and working families across America. trillion in increased gas prices since make ends meet and comes up with a We need a change. that year, with $600 billion going to oil proposal to eliminate overtime pay for Mr. ENZI. Mr. President, I rise to companies. 8 million American workers. speak about an amendment I wish to In 2001, as Vice President, former We created the overtime law in 1938. offer to the bill currently under consid- Halliburton CEO DICK CHENEY led an Since we said that after you work 40 eration to reauthorize the Temporary energy task force that met with energy hours, you are going to be paid more Assistance for Needy Families pro- industry officials in closed meetings to under the law, every administration gram. This program is one of the larg- write the energy bill of this adminis- that has addressed this law has in- est Federal programs ever designed to tration. The meetings led to the ad- creased the eligibility of American help families reach self sufficiency. I ministration’s energy policy, which has workers until this administration. believe this amendment is a strong ad- failed on the Senate floor. The admin- With the Bush administration, for the dition to the current bill, and one that

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3447 this body should pass. I thank my required for a recipient to meet the Without the increase in childcare friend and colleague from Iowa, the work hour requirement. My amend- funding provided by this amendment, chairman of the Finance Committee, ment would add financial literacy hundreds of thousands of eligible chil- for his hard work in preparing this bill training as an allowable activity. dren will lose childcare assistance over for floor consideration and for making Financial literacy and education is the next 5 years. At a time when only important improvements to the 1996 an essential tool that must be mas- one out of seven eligible children is welfare reauthorization. The 1996 reau- tered to fully participate in today’s so- currently served, I urge my colleagues thorization is one of the greatest suc- ciety. Only an educated individual con- to strengthen our commitment to chil- cess stories of the recent past. Even sumer will be able to fully unlock the dren in working families by supporting now, it continues to produce positive financial markets available to them. A the Snowe amendment and providing results far beyond what many thought basic understanding of the credit proc- additional resources to increase the was possible. Now it only makes sense ess and managing personal finances number of children able to receive for us to pass this legislation to con- will prepare consumers and their fami- quality care. tinue the reforms we began 8 years ago. lies for making major financial pur- Ms. MIKULSKI. Mr. President, I am Mr. President, as I mentioned, the chases like a home, saving for college proud to cosponsor the Boxer/Kennedy key principle of this welfare reauthor- and planning for retirement. All of amendment to raise the minimum ization is self-sufficiency. As this body these are part of achieving self-suffi- wage for the first time in seven years. considered welfare reform in 1996 we ciency because they require people to This increase is long overdue. The last found that families could end their de- create a plan that will enable them to time Congress increased the minimum pendence on Federal assistance if we meet short term needs and still reach wage was in 1997. Yet inflation has al- provided the incentives to help them long term goals. ready wiped out the real value of that find jobs and start providing for them- It is essential that welfare recipients increase. For working people, a full- be given an opportunity to receive this selves. It was the most important time job should not mean full-time training and that states have an incen- change we could have ever made. In re- poverty. tive to provide it. The Federal Govern- sponse, families went out and found I thought in this country, the best ment operates several financial lit- good jobs that provided them with the social program was a job. Yet min- eracy and education information pro- resources they needed to make ends imum wage jobs aren’t paying enough grams designed to help individuals meet today and prepare for their future to keep families out of poverty. There make smart decisions about their fi- needs. are more than 100,000 Marylanders nances. It is my hope that by including Even today, the results of that effort earning minimum wage. Most of them financial literacy training in the wel- continue to speak for themselves. As can’t even afford a two-bedroom apart- fare reauthorization we will improve my colleague from Pennsylvania has ment. At $5.15 per hour, minimum wage and build upon the growing Federal pointed out, child poverty has declined workers working 40 hours per week, 52 recognition of the importance of this significantly since 1996. Families re- weeks per year, earn an annual salary training. ceiving welfare assistance have found a I thank the Chair. of only $10,700. That’s $5,000 below the renewed sense of confidence and self Mr. JOHNSON. Mr. President, our national poverty line for a family of worth by meeting life on their own support of childcare assistance is es- three. terms. Their newfound jobs have given sential to ensuring the health and safe- Every day the minimum wage is not them a sense of security many have ty of children in working families. increased, workers fall farther and far- never had before. Without greater support for childcare, ther behind. Throughout Maryland, I We congratulate all those who have parents of young children may be keep hearing about families turning to been able to work themselves off the forced to choose cheaper, poor quality soup kitchens and local charities for welfare rolls and we encourage those care for their children or fail to provide help. They are forced to do this because who are trying to do the same not to be it entirely. These families need to the economy is bad, and their jobs sim- discouraged. That is why this legisla- know their children are cared for while ply don’t pay them enough to stay tion is so important. It enables us to the parents do their part to attain self- afloat. continue that piece of the reform we sufficiency and to provide for their An increase in the minimum wage started, to get people into work and on families. equals an increase in the standard of to self-sufficiency. At 73 percent, my State of South Da- living for working Americans. This I don’t think there is any more vital kota has the highest percentage of amendment would raise the minimum aspect of self-sufficiency than making children six years of age and younger wage from $5.15 and hour to $7.00 an sure that these families know how to with both parents working and the hour. It would help nearly 7 million budget and manage their money wisely highest number of children under the working Americans. It helps low wage so they can maintain their financial age of 6 in paid daycare, at 47 percent. workers like the home health aides independence and work toward finan- This is almost double the national av- who take care of our elderly parents cial security. That calls for education erage of 24 percent. On average, 1 year and the child care workers who take in financial literacy. of childcare costs families in South Da- care of our children. It helps farm When I served as mayor of Gillette, kota $4,000. This estimate is close to a workers, security guards and house- WY, I saw firsthand the effectiveness of semester of college at a State institu- keepers. helping individuals understand the im- tion. Right now we are debating the reau- portance of financial planning. This is A study done by the South Dakota thorization of Welfare Reform. I voted a skill that is essential to self-suffi- Coalition for Children found that par- for Welfare Reform in 1996 because I ciency, and it should be a part of the ents seek a safe, nurturing environ- agree that the best way to help lift welfare assistance program. ment for their children when they are someone out of poverty is to help him My amendment would permit welfare under someone else’s care. As more and or her get a job. But it doesn’t help recipients to participate in a limited more families need both parents to anyone to get a job that doesn’t pay amount of financial literacy training work in order to make ends meet, safe enough to stay off of public assistance. that would allow them to learn about reliable day care has become essential While we’re working to move our most personal finance management, credit to the peace of mind of working fami- vulnerable citizens from welfare to counseling, budgeting, and debt man- lies in South Dakota and across the work, we need to make sure those jobs agement. This important course work country. Without the increased funding pay a livable wage. and study would then count toward the for childcare that the Snowe-Dodd I urge my colleagues to vote for this work requirement under the Financial amendment provides, more parents will amendment. bill. As my colleagues are aware, the be forced to seek childcare that meets Mr. SARBANES. Mr. President, I rise Finance bill separates the permissible their budgets rather than their hopes in support of the Boxer-Kennedy work hour activities into two groups: for the care of their children. In some amendment to raise the minimum core work and work preparation activi- cases, families may go without wage. A fair increase is long overdue ties, and allowable activities. Both are childcare all together. and the Congress must act to set a

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3448 CONGRESSIONAL RECORD — SENATE March 31, 2004 minimum wage that accurately re- cits. And we have been told time and strikes, Cesar Chavez worked tirelessly flects current economic conditions. time again by the Administration that to focus attention to the inhumane The majority has decried this amend- things will turn around soon. conditions endured by migrant farm ment as non-germane and accused the However, today’s release of state- workers. minority of holding up the underlying level job growth data by the Bureau of He gave life, dignity, and strength to legislation. While the amendment may Labor Statistics flies in the face of the the United Farm Worker movement. not be germane in a procedural sense, Administration’s assertions in this re- He knew firsthand the plight of mi- it is certainly relevant, it is certainly gard. These statistics indicate that 49 grant farm workers. He went to work appropriate, and it deserves an up or states failed to meet the Bush Admin- in the fields and vineyards when he was down vote. istration’s projections for job creation only 10 years old, which was fairly Indeed, as my able colleague Senator in the month of February 2004. As of standard at the time. He was forced to KENNEDY mentioned earlier on the February 2004, 35 states have failed to leave school in the eighth grade to help floor, the Secretary of Health and get back to their pre-recession employ- support his family. But even though he Human Services, as recently as March ment levels. Furthermore, 49 states didn’t have a lot of book learning, so to of 2002, has acknowledged that moving have not created enough jobs to keep speak, he was a brilliant man. In 1944, people to jobs that pay at least the up with the natural growth in the num- he served his country in the United minimum wage is the centerpiece of ber of potential workers, as job growth States Navy. TANF. Minimum wage jobs are the has lagged the growth in working-age Forty-two years ago, Mr. Chavez centerpiece of TANF. population since March 2001. As for the joined Dolores Huerta, whom I have But in order for people to move off unemployed, 43 states have higher un- had the opportunity to meet. She is these rolls and still support their fami- employment rates than when the reces- still an avid activist and gives inspira- lies, such jobs must provide a livable sion began. As a Nation, the cumu- tion to people in the State of Nevada wage. Mr. President, if the true goal of lative job growth shortfall is over two and throughout the country. Forty-two this legislation—as has been stated—is million jobs since July 2003, when the years ago, Chavez and Huerta founded United Farm Workers Association. to reduce the number of individuals en- first of this Administration’s tax cuts Cesar Chavez and the Farm Workers rolled in our Nation’s welfare system, went into effect. Union opened the eyes of the American this amendment would directly serve Raising the minimum wage will not people. For the first time, many Amer- to accomplish that goal. only benefit low-income wage earners, icans began to learn about the hard To achieve self-sufficiency, a work- it will provide economic stimulus by ing family needs more. By working 40 lives and inhumane treatment of the putting additional dollars in the hands workers who helped put food on the hours a week, 52 weeks a year, an em- of those who must spend them to make ployee will earn $10,700 at the current table. ends meet. When the Congress last in- Cesar Chavez was an integral figure minimum wage. For a family of three, creased the minimum wage, the econ- in the birth of La Causa, as our Na- that represents an income that falls omy experienced its strongest growth tion’s Latino civil rights movement is $5,000 below the poverty line. in over three decades. Nearly 11 million sometimes called. Organized labor, re- And this is a pervasive trend. The new jobs were added. This is quite a ligious groups, minority students, and U.S. Census Bureau reported that in different result from the economic many other people of good will joined 2002 the number of working poor in the policies we have pursued under the cur- Chavez in his fight to secure the rights United States stood at 8,954,000. This is rent Administration. and improve the lives of migrant farm unacceptable. If Americans are willing Mr. President, increasing the min- workers. and able to work full time jobs, they imum wage is the fair thing to do and Cesar Chavez is probably our Na- should be able to provide for their fam- it is sound economic policy. I urge my tion’s most recognized Hispanic Amer- ily. colleagues to support the Boxer-Ken- ican historical figure, but he did not At the current minimum wage, this nedy amendment. help only Latinos but Irish, Asian, In- situation is not likely to improve any f dian, German, Mexican. When it came time soon. According to the Congres- MORNING BUSINESS to aiding farm workers, Cesar Chavez sional Research Service, the minimum drew no racial lines. He placed his life wage today is at its lowest level in Mr. FRIST. Mr. President, I ask on the line many times. He did it by terms of purchasing power since the unanimous consent that the Senate protesting, by denying his body nour- 1940s. And each day we fail to act, in- now proceed to a period of morning ishment, in order to nurture the cause flation continues to erode this pur- business with Senators permitted to he so well served. chasing power. As this happens, work- speak for up to 10 minutes each. In 1968, he staged a fast. For 25 days, ers earning the minimum wage will The ACTING PRESIDENT pro tem- he ate no food. In 1972, he repeated this only become more and more dependent pore. Without objection, it is so or- for 24 days. But, in 1988, he fasted for a on the government assistance to make dered. remarkable 36 days. He embraced the ends meet. f philosophy of Gandhi and Dr. Martin If enacted, at its full implementa- TRIBUTE TO CESAR CHAVEZ Luther King Jr. He sought to bring tion, the Kennedy amendment would about deep-rooted change through non- increase this wage to $7 an hour. This Mr. REID. Mr. President, today is the violent means. would provide an increase in the in- 77th birthday of someone whom I ad- In those many difficult days migrant comes of minimum wage earners by mire greatly, Cesar Chavez. He was farm workers lived in makeshift homes $3,800 a year, which represents a posi- born March 31, 1927. I never had the op- with no plumbing, heat, or running tive step toward purchasing power that portunity to meet Cesar Chavez. I came water. It was not uncommon for them comports with modern day needs and close a couple of times, but I never had to be sent into a field or vineyard while prices. the opportunity to meet him. the crop-dusting plane was actually The other side will argue that in- He was a leader, a great father, a dropping pesticides. And, in most creasing the minimum wage will hurt man of great moral character, and a cases, little or no attempt was made to business and stunt job growth. They humanitarian. He was a man whose educate the children of these farm argue that we need to give more tax name is synonymous with a broad so- workers. cuts to the wealthiest among us, run cial movement that accomplished sub- Things have changed as a result of large and growing Federal deficits, and stantive things. He was guided by prin- his work. Take, for example, the onion hope that things improve. ciples of nonviolence and respect for fields of northern Nevada, Lyon Coun- Mr. President, this has been our pol- human labor. He dedicated his life to ty. Farm workers now have very nice icy for over three years since this Ad- helping those who had no voice. And facilities. They have to meet certain ministration took office. In that time, that is an understatement. standards. They watch how many hours we have seen the largest job loss in our Whether he was leading a 340-mile they work. They have rights they Nation’s history. We have seen Federal march from Delano to Sacramento or never had but for this man, Cesar Cha- surpluses erased in favor of record defi- staging one of his prolonged hunger vez.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3449 We have a lot of work to do on im- opportunity to earn legal status, and it Chavez’s motto, ‘‘sı´ se puede’’, it can proving the lives of people who gather gives agricultural businesses a legal be done, embodies the entrepreneurial our food, but at least today they have workforce. By passing this bill, we pay spirit that made America great, and dignity and hope. This is because Cesar tribute to Cesar and we win an impor- continues to make our Nation stronger Chavez gave them that dignity and tant battle in ending injustices in farm every day. Although he labored to hope. He personally led a very coura- work across America. overcome tremendous obstacles, he is geous life and, in my estimation, is a The legacy of Cesar Chavez also re- remembered not just for his grit and true American hero and an inspiration. minds us of the important role of edu- determination, but his optimism that He believed: cation in helping children with the those barriers could be surmounted. The end of all education should surely be greatest need to have a better future. Just as importantly, Chavez set goals service to others. We know we can do much more to to better the conditions not just of in- He held this belief in his heart, and guarantee equality of opportunity, and dividuals, but of our society. As he he lived this belief in his actions until fulfill the promise of a good education once put it, ‘‘We cannot seek achieve- his untimely death in 1993. I hope those for millions of children living in pov- ment for ourselves and forget about of us in the Senate will understand erty, especially for the children of mi- progress and prosperity for our commu- that courage and commitment that grant and seasonal farm workers. nity. . . . Our ambitions must be broad guided Cesar Chavez’s life and honor Too often, schools attended by mi- enough to include the aspirations and his legacy by looking out for those peo- grant families are substandard, and needs of others, for their sakes and for ple with no voice. college is an impossible dream. Mi- our own.’’ Mr. KENNEDY. Mr. President, today grant students are among the most dis- The values and philosophy Chavez would have been the 77th birthday of advantaged youth in the nation. Cur- embraced are as important to the chal- one of our country’s greatest leaders, rent estimates place their school drop- lenges we face today—from educating Cesar Chavez. His famous motto in life out rate between 50 and 60 percent. our children, to improving health care, ‘‘si se puede,’’ ‘‘yes we can’’ is his leg- Cesar Chavez put it best in his own to creating opportunity for all our acy to all of us, and we are a better na- words: workers—as they were to the causes he tion because of his life-long struggle to It is not enough to teach our young people championed decades ago. When we bring dignity and freedom for the to be successful . . . so they can realize their ambitions, so they can earn good livings, so honor these principles, Cesar Chavez’s working men and women and their they can accumulate the material things legacy lives on. families he cared so much about and that this society bestows. Those are worth- Mrs. FEINSTEIN. Mr. President, did so much to help. while goals. But it is not enough to progress today we honor the life and legacy of Cesar Chavez made powerful con- as individuals while our friends and neigh- Cesar Chavez, a great champion of civil tributions to our society and has in- bors are left behind. rights and workers’ rights. spired countless individuals who con- Those words remind us of our com- Cesar Chavez was one of our Nation’s tinue his battle against injustice. My mitment to provide a better future for strongest advocates for social justice. brother Robert Kennedy came to know today’s youth; especially those who He believed that the men and women Cesar Chavez well, and a special friend- live in poverty, work long hours in the who bring us the food we depend on de- ship grew. Bobby instinctively shared fields, and are in the greatest need. serve a safe work environment and a Cesar’s extraordinary commitment to They remind us of our commitment fair wage. He fought for America’s migrant farm workers, and his dedica- stated in law, but far from reality, to farmworkers—men and women who tion to non-violent change, and he too leave no child behind. They remind us worked so hard to provide a decent life was inspired by Cesar’s passionate con- of our unmet responsibility to achieve for their families—and challenged all viction. My brother was the only public equal educational opportunity for all, Americans to recognize their plight. official who was there in March of 1968, invest in our nation’s communities, On this day, 77 years ago, Chavez was at the end of Cesar’s 25-day fast for and make a difference in the lives of born at the Yuma, AZ farm his grand- non-violence to help the grape workers. millions of children. father had homesteaded in the 1880’s. He was deeply moved by that day and Cesar’s famous ‘‘Prayer for the Farm Like many families during the Great called Cesar ‘‘one of the most heroic Worker’s Struggle’’ sums up the quali- Depression, his family lost their farm figures of our time.’’ ties of strength, wisdom and compas- and began years of migrating from Cesar is best known today for his sion that are essential as we carry on town to town throughout the south- leadership in founding the United his mission: west in search of steady work. Farmworkers of America, the largest Show me the suffering of the most miser- Chavez began working at the age of farm workers’ union in U.S. history. able, so I will know my people’s plight. Free ten. He attended school when he Under his 30 year leadership, it became me to pray for others, for you are in every could—thirty-seven different schools, the strongest and most consistent person. Help me to take responsibility for my own in all—before abandoning his education voice for farm workers’ rights. His de- life, so that I can be free at last. after the eighth grade to help his fam- termination and vision led the fight for Give me honesty and patience, so that I ily. fair wages, decent medical coverage, can work with other workers. In 1945, he joined the Navy, serving in reasonable pension benefits and better Bring forth song and celebration, so that the Pacific just after World War II. living conditions for their workers. His the Spirit will live among us. Upon returning to the United States, Let the Spirit flourish and grow, so that legacy guides us today as we continue we will never tire of the struggle. he lived in several different South- the battle to enable today’s farm work- Let us remember those who have died for western communities before settling in ers to live and work with respect and justice, for they have given us life. Help us East San Jose. dignity. love those who hate us, so we can change the It was there—as he worked in the In fact, the Agricultural Jobs, Oppor- world. apricot orchards—that he decided to tunity, Benefits and Security Act we Happy birthday, Cesar—may your vi- devote his life to tackling the injustice hope to enact in this Congress is based sion continue to guide us now as we that so many migrant workers lived on the far-reaching agreement between seek a better world. under. the UFW and the agriculture industry Ms. CANTWELL. Mr. President, In 1952, Chavez became a full-time or- to treat immigrant farm workers fair- today we celebrate the life of one of ganizer with the Community Service ly. Large numbers of men and women America’s greatest civil rights and Organization, a Mexican-American ad- employed in agriculture are currently labor leaders, Cesar Chavez. The effects vocacy group. In this position, he orga- undocumented. Often they risk danger of his work on behalf of farm workers nized farmworkers in California and and even death to cross our borders and to improve civil rights are still felt Arizona, worked to stamp out racial only to be exploited by unscrupulous across America today, from Salinas to discrimination, and built the influence employers who pay inhuman wages Selah. Although Chavez is best remem- of farmworkers through voter registra- under harsh and often dangerous job bered for his decades of work to ad- tion drives. conditions. Our bill gives these deserv- vance these causes, the principles that His activism led him to establish the ing farm workers and their families the guided him are universal and enduring. National Farm Workers Association in

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3450 CONGRESSIONAL RECORD — SENATE March 31, 2004 Delano, CA in 1962. The new organiza- Chavez became one of America’s Ran, Alex Cerjanic, Yung Wang, and tion eventually became the United most well-known, beloved, and effec- Ryan Weicker—for their hard work and Farm Workers of America, the first tive labor leaders. As the founder and commitment to academic excellence. I union representing farmworkers in the leader of United Farm Workers of would want to recognize their coach, United States. America, Chavez shed light on the Beth Issacs, for her instruction and Under the leadership of Chavez, the shameful treatment of farm workers in strong leadership of the team. United Farm Workers successfully im- our country. He led boycotts and This past February, 32 student teams proved the once-dismal working condi- marches. He helped register voters. He from across Nevada participated in the tions for hundreds of thousands of went on hunger strikes. And he united Nevada Regional Science Bowl. The farmworkers throughout the nation. workers across America with a simple, Clark High School team performed ex- These efforts brought safety improve- yet powerful, message: ‘‘Si se puede’’— ceptionally well and earned the honor ments, pay increases, benefits and job ‘‘Yes we can.’’ to represent Nevada in the National security to workers who had been Ceasr Chavez represented farm work- Science Bowl. The team’s success not among the most exploited. ers. But the priorities he fought for are only demonstrates the benefits of hard The union’s efforts also brought at- America’s priorities: Better pay and work and diligent study, but also retention to the health problems facing benefits for workers. Better education flects well on the students, faculty, and farmworkers, including the exposure to for children. Expanded civil rights for administrators of Clark High School. harmful pesticides that affect workers minorities. All working Americans The Department of Energy’s National and their children. today owe a debt of gratitude to this Science Bowl began in 1991 as part of a An adherent to the principles of Ma- outstanding individual. national initiative to encourage Amer- hatma Gandhi and Dr. Martin Luther Of course, Chavez’s work is not done. ica’s students to excel in mathematics King, Jr., Chavez used nonviolent There is still a great deal we can do to and science. Teams of four or five stu- means to bring about these changes in- help to create a better life for working dents coached by a teacher must dem- cluding economic boycotts, marches, Americans, especially those who work onstrate their knowledge by answering civil disobedience, and fasts. on farms. One thing we can do right questions related to various scientific Chavez once declared to his followers, now is pass the bipartisan AgJOBS bill, fields. Over the past 13 years, thou- ‘Nonviolence is our strength.’ This which I’m proud to consponsor. This sands of students have participated in message still rings true as the official bill, sponsored by my colleagues Sen- this competition and have dem- slogan for the United Farm Workers ator CRAIG and Senator KENNEDY, onstrated the great potential of our Union. would give many hard-working non- Nation’s youth. Please join me in congratulating A winner of the highest civilian immigrant farm workers a chance to Clark High School for its commitment honor our Nation can bestow—the obtain legal status. This bill is the to academic excellence and victory in Presidential Medal of Freedom—which right thing to for these workers. And the Nevada Regional Science Bowl. he received posthumously in 1994, Cha- by increasing the number of legal farm vez was a true American hero. He was workers, it’s the smart thing to do for f a hero because he spoke up for so many our economy. This legislation has the ELMO AND NANCY MARTINELLI who could not be heard. support of agricultural businesses, 50TH ANNIVERSARY Chavez once commented, ‘‘It’s ironic labor unions, as well as immigrant and Mr. REID. Mr. President, I rise today that those who till the soil, cultivate civil rights groups. It deserves to be- to congratulate Elmo and Nancy and harvest the fruits, vegetables, and come law. Martinelli on their 50th wedding anni- other foods that fill your tables with But there is so much more we can versary. These two native Nevadans abundance have nothing left for them- and should do to make America a land have demonstrated a remarkable com- selves.’’ where each and every person receives mitment to each other and their family His life and this day remind us that respect and opportunity. We can extend for these past five decades. as a society we have a responsibility to a helping hand to the children of non- Raised in Sparks, NV, Elmo and protect the rights of all Americans. immigrant workers—by passing the Nancy were high school sweethearts As Cesar Chavez often said, ‘‘Si se DREAM Act to help those children get and were married on April 25, 1954. The puede!’’ Yes, we can! a college education. We can give every son of Italian immigrants, Elmo served Mr. DODD. Today, on the 77th anni- child in this country a chance at suc- in the Army and opened a barber shop, versary of his birth, people across cess—by making a real commitment to which he owned for more than 30 years America will pay tribute to a remark- our public schools. We can ensure that until his retirement in 1994. Nancy able man, Cesar Estrada Chavez. a job in America is truly a gateway to worked as an office secretary and book- I had the honor of meeting Cesar a better life—by raising the minimum keeper until motherhood arrived in Chavez. No one was a more powerful or wage and making it a fair and living 1955. more passionate advocate for the men, wage. And we can make access to Throughout their lives, Elmo and women, and children who work on health care a right—not a privilege— Nancy have dedicated themselves to farms throughout this country. for every man, woman, and child in ensuring that their children—Greg, It’s easy for Americans to forget that America. Craig, Sheila, and Julie—could enjoy the food they eat doesn’t magically ap- By perpetuating his legacy, we will the best possible opportunities life has pear on a supermarket shelf. Every truly be honoring the memory of Cesar to offer. Their family would grow over bunch of grapes, every box of cereal, Chavez. Let us continue his commit- time to include five grandchildren and every can of corn represents the labor ment to achieving basic rights and dig- three great-grandchildren. for real human beings—so many of nity for all American workers. And let As their children grew and moved on whom come to this country in search us use his vision as a guide as we strive to college, the Martinellis created a of a better life, but instead find low to build a better tomorrow for all new and no less active life, which in- wages, poor housing, and substandard Americans. cluded regular weekly golf games, im- working conditions. f provement and maintenance of their Cesar Chavez didn’t just know about home, and worldwide travel. In fact, this struggle. He and his family lived CLARK COUNTY VICTORY IN Elmo and Nancy have traveled it. He grew up moving from town to NEVADA SCIENCE BOWL throughout the United States in their town and from school to school while Mr. REID. Mr. President, I rise today motor home, visited most of Europe his father worked in the fields. He him- to congratulate Clark High School for and the Far East, and have taken self became a farm worker as soon as its victory in the 13th Annual Nevada cruises on most of the world’s major he finished the eighth grade. Born out Regional Science Bowl. In fact, this is bodies of water. of his sweat and toil was a fierce deter- Clark High School’s second consecutive In the mid-1990s, the couple sold their mination to give a voice to people like victory in this competition. Reno home where they had lived for 39 him and his family who labored so hard I commend the students on this years and embarked on a new adven- and received so little in return. year’s Clark High School team—Young ture: the construction of their dream

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3451 home. Elmo and Nancy built their new LOCAL LAW ENFORCEMENT ACT quested by the President, including abode on an acre of land nestled in the OF 2001 $100 million for operating expenses, to foothills of the beautiful Sierra Nevada Mr. SMITH. Mr. President, I rise cover the increases in operating tempo Mountains in southwest Reno. It is a today to speak about the need for hate that the Coast Guard has experienced testament to both Elmo and Nancy crimes legislation. On May 1, 2003, Sen- over the past few years, $70 million for analyzing port security plans, and $36 that their retirement has produced ator KENNEDY and I introduced the million for three additional Marine some of the most exciting times of Local Law Enforcement Enhancement Safety and Security Teams. These ad- their lives. Act, a bill that would add new cat- ditional amounts are essential to the It gives me great pleasure to offer my egories to current hate crimes law, security of our ports and waterways, sincerest congratulations to Elmo and sending a signal that violence of any and of our maritime transportation in- Nancy on the occasion of their golden kind is unacceptable in our society. wedding anniversary. dustry. On Saturday, March 13, 2004, nine For Fiscal Year 2005, the bill author- large holes were punched in the win- izes approximately $7.787 billion, a 10- f dows of the only gay bar in Newport, percent increase over Fiscal Year 2004 RI, just 6 days after its opening. Mayor authorized and enacted levels, includ- SERBIA AND THE HAGUE Richard C. Sardella said the incident ing for port security operations. This is was likely motivated by hate. A detec- $327 million greater than the President Mr. LEAHY. Mr. President, today, tive who is investigating the incident proposed, over 4 percent higher than March 31, is the deadline in our law for also stated that it didn’t appear to be the President’s request. the Secretary of State to certify that random. I have also been a firm supporter of the Federal Government of Yugo- I believe that Government’s first the need to provide the Coast Guard slavia—now the Government of Serbia duty is to defend its citizens, to defend with the tools it needs to get the job and Montenegro—is meeting three con- them against the harms that come out done. The Coast Guard needs to up- ditions enumerated in Section 572 of of hate. The Local Law Enforcement grade its core assets, in particular, its the Foreign Operations Appropriations Enhancement Act is a symbol that can aging fleet of cutters. The Integrated Act of 2004. The first of those condi- become substance. I believe that by Deepwater Program is the Coast tions is that the Government of Serbia passing this legislation and changing Guard’s program for achieving these and Montenegro is ‘‘cooperating with current law, we can change hearts and upgrades, and the President has not re- the International Criminal Tribunal minds as well. quested sufficient funding in its budg- for the Former Yugoslavia including ets to even keep this program on its f access for investigators, the provision original track. I therefore strongly of documents, and the surrender and COAST GUARD AUTHORIZATION— support the inclusion of an authoriza- transfer of indictees or assistance in 2003 tion of $702 million for this program in the apprehension, including making all Mr. HOLLINGS. Mr. President, I am Fiscal Year 2004, which is $202 million practicable efforts to apprehend and pleased that the Senate passed S.733, above the President’s budget request, transfer Ratko Mladic.’’ I am informed the Coast Guard Authorization bill of and $708 million in Fiscal Year 2005, or by the State Department that the Sec- 2003, which I cosponsored. I am hopeful $30 million over the President’s re- retary declined to certify that Serbia that the Senate can work quickly with quest. These increases will allow the has met this condition. I applaud his the House and pass a final bill in both program to get back on its original decision. houses in the near future. schedule. At the same time, I have significant This law, first enacted in 2000, was The Coast Guard has always taken on concerns with respect to how well the instrumental in pressuring Serbian au- an impressive array of tasks that are Coast Guard is managing this procure- thorities to apprehend Slobodan important for our security, for the pro- Milosovic and transfer him to the ment, and whether the unique method tection of our resources, and for the for procurement utilized by the Deep- ICTY. It has also been the impetus for safety of our mariners. After the tragic further arrests of other indictees. water Program will be able to achieve events of September 11, 2001, we have the stated goals of minimizing costs But over the years, Serbia’s coopera- asked the Coast Guard to take on even tion with The Hague has been incon- and providing operational effective- more in the area of maritime security, ness. The Deepwater project is the sin- sistent, often grudging, and usually while asking them to continue to carry only on the eve of a cut-off of U.S. as- gle largest procurement program that out their traditional missions as effec- the Coast Guard has managed to date. sistance. President Kostunica has made tively as before. The Senate has voiced concerns about no secret of his disdain for the tri- This legislation provides authoriza- this program on numerous occasions bunal. This is unfortunate, because un- tions for Coast Guard’s Fiscal Year 2004 over the past few years. A GAO anal- less the Serbian Government, and the and Fiscal Year 2005 budgets, and also ysis of the Deepwater project published Serbian people, support efforts by the includes important new authority for in May 2001 entitled ‘‘Coast Guard: ICTY to bring individuals accused of the Coast Guard to better carry out its Progress Being Made on Deepwater war crimes to justice, Serbia’s political missions. While the President’s budget Project, but Risks Remain’’ high- and economic development will con- request for these two years provided lighted risks with the project, includ- tinue to suffer. The fact that Ratko some increases, it was still far from ing concerns with the Coast Guard’s Mladic, who was responsible for some adequate to ensure that the Coast ability to control costs by ensuring of the worst atrocities of the Balkans Guard will be able to carry out all that competition among subcontractors, war, remains at large, is unacceptable. we demand of it. and the Coast Guard’s ability to effec- Senator MCCONNELL, the Chairman of Thus, I am particularly pleased that tively manage and oversee the acquisi- the Foreign Operations Subcommittee, I had the support of the Committee on tion phase of the project. GAO has and I have worked together to main- Commerce, Science, and Transpor- identified the Deepwater Program as a tain U.S. assistance to Serbia in the tation in adding to the Fiscal Year 2004 ‘‘high risk’’ procurement. Foreign Operations budget, subject to authorization $491 million in authoriza- GAO recently produced a new report the conditions. I join him in com- tions not requested by the President. on this subject, entitled ‘‘Coast mending the Secretary for declining to For Fiscal Year 2004, the bill author- Guard’s Deepwater Program Needs in- make the certification. I also agree izes approximately $7.032 billion. This creased Attention to Management and with Senator MCCONNELL that if Mr. is a 15-percent increase for the Coast Contractor Oversight.’’ The report’s Mladic is turned over to the ICTY, we Guard’s budget over what Congress ap- major conclusions indicate that there should review the certification law. propriated last year, and about 5 per- is a need for significant improvement While it is necessary that the other cent above the President’s request for of the program and its oversight by the indictees be apprehended and surren- fiscal year 2004. The bill includes au- Coast Guard. First, GAO found that dered, the capture of Mladic would be a thorizations of $246 million in Fiscal over a year and a half into the Deep- very important, positive step. Year 2004 for port security not re- water program, the Coast Guard has

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3452 CONGRESSIONAL RECORD — SENATE March 31, 2004 not put into place the key components nearly $15 billion in funding for the The fiscal year 2005 authorizations in- needed to provide adequate oversight of Coast Guard to carry out its mission clude an overall 10-percent increase for the prime contractor. For example, the for 2 years. This represents a signifi- operating expenses and general capital Coast Guard had not even agreed on cant increase in funding over previous costs to ensure that port security pri- specific criteria to measure the con- years, and will go far to support an orities continue to be funded at appro- tractor’s performance, yet awarded the agency that has both civilian and priate levels. contractor nearly the total amount homeland security responsibilities. The I am pleased that the bill includes a possible as a bonus for the first year of bill also includes funding for the Deep- number of environmental provisions, the contract. water program, funding for port secu- aid for fishermen affected by oilspills, Second, GAO found that there is no rity measures, provisions aimed at pre- and protections for living marine re- clear, transparent and predictable op- venting oil spills and helping fisher- sources. In response to last year’s oil- portunity for competition of the sub- men, and protections for marine re- spill in Buzzards Bay, MA, we included contracts under the Deepwater pro- sources. in this bill a provision that requires gram. While the prime contractor uses Let me begin by discussing the au- the Coast Guard to study the feasi- the ‘‘open business model’’ to decide thorization included in the bill. The bility of speeding up the deadline for whether to ‘‘make or buy’’ Deepwater fiscal year 2005 budget authorization is companies to start using double-hull assets, this guidance is a philosophy— 4 percent higher than what the Presi- tankers to transport oil. Also in the not a formal process with clear criteria dent has requested. This difference rep- bill is a mandate for the Coast Guard and specific decision points—that en- resents $327 million, and the authoriza- to issue a report outlining the cost and courages, but does not require competition itself is a $700 million increase benefits of requiring vessels to have tion. In fact, over 40 percent of the over what the Congress appropriated electronic navigational equipment on funds obligated to the first-tier sub- for the current fiscal year. The funding board. In addition, to ameliorate the contractors, Lockheed Martin and Nor- increases in the bill will help the Coast effects of oilspills on fishermen, we throp Grumman, have either remained Guard meet all of its missions. The added language to the bill that will with those companies or been awarded Coast Guard has stretched its resources allow fishermen to receive loans from to their subsidiaries. dramatically since September 11, and the oilspill liability trust funding dur- Perhaps most disturbing, according traditional missions such as enforce- ing the period immediately following to Deepwater officials within the Coast ment of fishing and marine resource an oilspill. Guard, it is unrealistic to believe that laws as well as search and rescue mis- The bill also addresses the issue of the Coast Guard would change contrac- sions are still below pre-September 11 ship strikes of one of the most endan- tors after the first five years of the levels. gered whales in the world—the North program. Thus, there is little incentive This legislation includes over $700 Atlantic right whale. There are only for the prime contractor to achieve the million for both fiscal year 2004 and fis- about 300 individuals left in this entire performance goal of minimizing total cal year 2005 for the Coast Guard’s species, and ship strikes are the No. 1 ownership costs. This obviously could Deepwater program, well over the $500 cause of mortality. While lobstermen have serious implications for the million in fiscal year 2004 and the $678 and other fishermen in the Northeast American taxpayer. million in fiscal year 2005 requested by have shouldered significant regulatory I have also long been concerned that the President. Deepwater is an impor- requirements to avoid entanglement of the Deepwater Program meets not only tant program that will allow the Coast these whales in fishing gear, no actions the letter but the spirit of our Buy Guard to purchase new ships, planes, have been taken to address the risks America laws. A number of the sub- and navigation equipment and inte- from ship strikes. The bill would re- contractors that have either received grate those resources into its existing quire the Coast Guard to undertake awards under the Deepwater Program, infrastructure. studies to examine options for mini- and/or are included in the contractor’s This legislation also addresses secu- mizing vessel strikes of North Atlantic proposal, make all or most of their rity at our ports. Unfortunately, many right whales in accessing ports where parts overseas. Buy America was in- of our Nation’s ports and waterways re- this is an issue. In addition to these tended to ensure that the U.S. Federal main vulnerable to terrorist attacks. studies, the bill would require the government, including the U.S. mili- Implementation of the Maritime Coast Guard to submit a report to Con- tary, did not contribute to the loss of Transportation Security Act is ex- gress on the effectiveness and costs of American manufacturing jobs, yet here pected to take years. Therefore, it is such measures. we have a major acquisition program In conclusion, we have crafted a bal- important that the Coast Guard, the for our 5th branch of the military, the anced bill that will benefit the Coast main Federal agency charged with port U.S. Coast Guard, that appears to be Guard and enhance our domestic secu- security, have adequate resources to doing just that. rity. The Congress has a responsibility As a result of concerns about the pro- meet current homeland security re- to oversee the Coast guard and provide gram, the Commerce Committee in- sponsibilities. The bill includes $70 mil- it with direction and resources. With cluded in S. 733, as reported, a require- lion to assess port security plans as this bill, we have met that responsi- ment that the Coast Guard provide a well as $100 million for expenses that bility. I urge my colleagues to support report to Congress which would include the Coast Guard incurs when the Gov- it. Mr. President, I would like to ac- an analysis of the prime contractor’s ernment issues homeland security knowledge the hard work of Senator performance in meeting the two key alerts. The bill also authorizes $36 mil- MCCAIN, Senator HOLLINGS, and Sen- goals of providing operational effec- lion for three new maritime safety and ator SNOWE in helping to draft this leg- tiveness and minimizing total owner- security teams, MSSTs. The MSSTs islation. I respect and appreciate their ship costs. However, based on this lat- have already become a vital security dedication to these issues. Thank you.∑ force for many of the Nation’s busiest est GAO report, and the need to ensure f that Buy America is fully imple- ports. Major port cities such as New mented, additional Congressional over- York, Boston, and Los Angeles have JOBS, PROTECTIONISM, AND FREE sight of this major procurement is benefitted from the deployment of TRADE clearly warranted. Unless there are sig- MSSTs, and I am pleased that this leg- Mr. INOUYE. Mr. President, one of nificant changes to the way business is islation will allow other ports to re- the primary issues today is jobs, and conducted on this contract, there will ceive the same level of protection. The one insight into the problem was out- be enormous problems in the future bill also includes $40 million for the lined by my friend, Senator FRITZ HOL- that may, in the long run, undermine automatic identification system, AIS. LINGS, in an article that appeared in this program. Mandated by the Maritime Transpor- the Washington Post’s Outlook section (At the request of Mr. DASCHLE, the tation Security Act, the AIS will allow on Sunday, March 21, 2004. The article following statement was ordered to be the Coast Guard to track and monitor was headlined ‘‘Protectionism Happens printed in the RECORD.) certain vessels that could pose a threat To Be Congress’s Job.’’ I ask unani- ∑ Mr. KERRY. Mr. President, the Coast to port security. It is essential that mous consent that the article be print- Guard Authorization Act authorizes this system operates at full capacity. ed in the RECORD.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3453 There being no objection, the article States that started it! Just after the colonies turing leaders of third-world countries, ad- was ordered to be printed in the won their freedom, the mother country sug- monishing them to develop their manufac- RECORD, as follows: gested that the United States trade what we turing capacity to become nation states. produced best and, in exchange, Britain Then, pointing at me in the audience, he PROTECTIONISM HAPPENS TO BE CONGRESS’S would trade back with what it produced stated, ‘‘That world power that loses its JOB best—as economist David Ricardo later de- manufacturing capacity will cease to be a (By Ernest F. Hollings) scribed in his theory of ‘‘comparative advan- world power.’’ Free trade is like world peace—you can’t tage.’’ Alexander Hamilton, in his famous What should we do? First, we need to stop get there by whining about it. You must be ‘‘Report on Manufactures,’’ told the Brits, in financing the elimination of jobs. Tax bene- willing to fight for it. And the entity to fight so many words, to bug off. He said, we are fits for offshore production must end. Roy- for free trade is the U.S. Congress. not going to remain your colony shipping alty deductions allowed for offshore activi- Instead, Congress—whose members are you our natural resources—rice, cotton, in- ties must be eliminated, and tax havens for shouting ‘‘fair trade’’ and ‘‘level the playing digo, timber, iron ore—and importing your corporations must be closed down. field’’—is the very group tilting the playing manufactured products. We are going to Next, we need an assistant attorney gen- field when it comes to trade. build our own manufacturing capacity. eral to enforce our trade laws and agree- By piling items onto the cost of doing busi- The second bill ever adopted by Congress, ments. At present, enforcement is largely ness here, Congress has helped end the posi- on July 4, 1789, was a 50 percent tariff on nu- left to an injured party. It can take years to tive trade balance that the United States ran merous articles. This policy of protec- jump over legal hurdles. Then at the end, right up until the early 1980s. Over the past tionism, endorsed by James Madison and based on national security, the president can 40 years, the minimum wage went up, the Thomas Jefferson, continued under Presi- refuse to implement a court order. Rather Environmental Protection Agency was es- dent Lincoln when he launched America’s than waste time and money, corporate tablished, and the Occupational Safety and steel industry by refusing to import from America has moved offshore. Health Administration was set up. Law- England the steel for the Transcontinental We need to organize government to makers added the Equal Pay Act, the Age Railroad. President Franklin Roosevelt pro- produce and protect jobs, rather than export Discrimination in Employment Act and the tected agriculture, President Eisenhower them. The Commerce Department recently Employment Retirement Income Security protected oil and President Kennedy pro- co-sponsored a New York seminar, part of Act. Then came the sharp increase in payroll tected textiles. This economic and industrial which advised companies on how to move taxes for Social Security in 1983, measures giant, the United States, was built on pro- jobs offshore. This aid for exporting jobs requiring plant closing notice and parental tectionism and, for more than a century, fi- must stop. The Department of Commerce leave, and the Americans With Disabilities nanced it with tariffs. And it worked. should be reconstituted as a Department of Act. Health costs increased, too, making it The Washington mantra of ‘‘retrain, re- Trade and Commerce, with the secretary as $500 a car cheaper in health costs alone for train’’ comes up short. For example, Oneita czar over the U.S. trade representative. The General Motors to make Pontiacs in Canada. Industries closed its T-shirt plant in An- department’s International Trade Adminis- All this helped give us a trade deficit that drews, S.C., back in 1999. The plant had 487 tration should determine not only whether hit a record $43.1 billion in January alone. employees averaging 47 years of age. Let’s goods have been dumped on the U.S. market, Even if wages were equalized, it would still assume they were ‘‘retrained’’ and became but how big the ‘‘injury’’ is to U.S. industry. pay for U.S. companies to move operations 487 skilled computer operators. Who is going The International Trade Commission should to places such as China, which requires none to hire a 47-year-old operator over a 21-year- be eliminated. of these aspects of America’s high standard old operator? No one is going to take on the While it is illegal to sell foreign-made of living. Recently, columnist George Will retirement and health costs of the 47-year- goods below cost in the U.S. market (a prac- wrote: ‘‘The export of jobs frees U.S. workers old. Moreover, that computer job probably tice called dumping), we refuse to enforce for tasks where America has a comparative just left for Bangalore, India. such violations. The Treasury Department In global competition there is a clash be- advantage.’’ But in global competition, what reports $2 billion worth of illegal trans- tween standards of living. I supported free matters is not the comparative advantage of shipments of textiles into the United States trade with Canada because we have rel- our ability so much as the comparative dis- each year. Customs agents charged with drug atively the same standard of living. But I op- advantage of our living standard. enforcement and homeland security are To really level the playing field in trade posed free trade with Mexico, and therefore hard-pressed to stop these transshipments. would require lowering our living standard, voted against the North American Free We need at least 1,000 additional Customs which is not going to happen. We value our Trade Agreement (NAFTA), preferring to agents. clean air and water, our safe factories and raise the standards in Mexico, as Europe did It won’t be easy. A culture of free trade has machinery, and our rights and benefits. Both with Portugal, Spain and Greece before ad- developed. The big banks that make most of Republicans and Democrats overwhelmingly mitting them to Europe’s common market. their money outside the country, as well as support this living standard and many are To be eligible for a free trade agreement you the Business Roundtable, the Conference prepared to raise it. The only course pos- should first have a free market, labor rights, Board, the National Association of Manufac- sible, then, is to protect the standard. ownership of property, contract rights, turers, the U.S. Chamber of Commerce, the To talk in these terms raises cries of ‘‘pro- rights of appeal and a respected judiciary. National Retail Federation (whose members tectionism.’’ But the business of government Mexico lacked these, and after NAFTA there make bigger profits on imported articles) is protection. The oath of the public servant was an immediate flow of jobs out of the and the editorial writers of newspapers that is ‘‘to preserve, protect and defend.’’ We have United States because of Mexico’s lesser make most of their profits from retail ads— the Army to protect us from enemies with- standards. Australia, on the other hand, has all these descend on Washington promoting out and the FBI to protect us from enemies labor rights, environmental rights and an ‘‘free trade’’ to members of Congress. Mem- within. We have Medicare and Medicaid to open market, so the trade agreement reached bers looking for contributions shout the protect us from ill health, and Social Secu- with Australia this month should be ap- loudest. rity to protect us from poverty in old age. proved. Not just jobs, but also the middle class and We have the Securities and Exchange Com- We must engage in competitive trade. To the strength of our very democracy are in mission to protect us from stock fraud; eliminate a barrier, raise a barrier. Then jeopardy. As Lincoln said, ‘‘The dogmas of banking laws to protect us from usurpers; eliminate them both. truth in lending laws to protect us from Our trouble is that we have treated trade the quiet past, are inadequate to the stormy charlatans. as aid. After World War II, we were the only present. . . . As our case is new, so we must When it comes to trade, however, multi- country with industry, and in order to pros- think anew, and act anew. We must national corporations contend that we do per we needed to spread prosperity. Through disenthrall ourselves, and then we shall save not need to protect, but to educate and to the Marshall Plan, we sent money, equip- our country.’’ improve skills; productivity is the problem, ment and expertise to Europe and the Pacific Today’s dogma is the belief that protec- they say. But the United States is the most Rim. And it worked. Capitalism defeated tionism will mean trade war and economic productive industrial nation in the world, communism in the Cold War. Our hope in stagnation. But we are already in a trade with skills galore. BMW is producing better- crying ‘‘free trade’’ was that markets would war, one from which the president and the quality cars in South Carolina than in Mu- remain open for our exports. But our cries Congress are AWOL. nich. There are other obstacles that need ad- went unheeded, and now our nation’s secu- f dressing. For 50 years we have tried to pene- rity is in jeopardy. trate the Japanese market, but have barely National security is like a three-legged ADDITIONAL STATEMENTS done so. To sell textiles in Korea, U.S. firms stool. The first leg—values—is solid. Our must first obtain permission from the pri- stand for freedom and democracy is re- vate Korean textile industry. If you want to spected around the world. The second leg of TRIBUTE TO EARLE C. CLEMENTS sell in China, it’s a lot easier if you produce military strength is unquestioned. But the JOB CORPS CENTER in China. third leg, the economic leg, is fractured and ‘‘But we will start a trade war,’’ is the cry. needs repair. We are losing jobs faster than ∑ Mr. BUNNING. Mr. President, today I Wake up! We have been in a trade war for we can create them. Some time ago the late would like to take the opportunity to more than 200 years. And it’s the United Akio Morita, founder of Sony Corp., was lec- honor the Earle C. Clements Job Corps

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3454 CONGRESSIONAL RECORD — SENATE March 31, 2004 Center in Morganfield, KY. One of Job He has my most sincere appreciation S. 2241. An act to reauthorize certain Corps’ oldest centers, Earle C. for his work and I look forward to his school lunch and child nutrition programs Clements, and its dedicated staff will continued service to Kentucky.∑ through June 30, 2004. be marking their 39th anniversary on f At 6:54 p.m., a message from the Wednesday, April 7. House of Representatives, delivered by MESSAGES FROM THE HOUSE The shining record of the Earle C. Ms. Niland, one of its reading clerks, Clements Job Corps Center is a strong At 12:16 p.m., a message from the announced that the House has passed example of the way Job Corps works. House of Representatives, delivered by the following bill, in which it requests When I visited this center in August of Ms. Niland, one of its reading clerks, the concurrence of the Senate: 2002, I had the pleasure of witnessing announced that the House has passed H.R. 4062. An act to provide for an addi- firsthand the competent dedication the following bills, without amend- tional temporary extension of programs with which the staff at this Job Corps ment: under the Small Business Act and the Small Center approach the problems of men S. 2057. An act to require the Secretary of Business Investment Act of 1958 through and women looking for a job and a way Defense to reimburse members of the United June 4, 2004, and for other purposes. to better their lives. The work carried States Armed Forces for certain transpor- f on at the center fills me with con- tation expenses incurred by the members in connection with leave under the Central MEASURES REFERRED fidence that the Federal Government Command Rest and Recuperation Leave Pro- The following bills were read the first can rely on these men and women to gram before the program was expanded to in- and the second times by unanimous train the American workforce for the clude domestic travel. consent, and referred as indicated: needs of the economy and of the Amer- S. 2231. An act to reauthorize the Tem- ican people. porary Assistance for Needy Families block H.R. 3036. An act to authorize appropria- grant program through June 30, 2004, and for tions for the Department of Justice for fiscal The importance of Job Corps and of years 2004 through 2006, and for other pur- the Earle C. Clements Center cannot be other purposes. S. 2241. An act to reauthorize certain poses; to the Committee on the Judiciary. underestimated. A skilled workforce is school lunch and child nutrition programs H.R. 3104. An act to provide for the estab- the key to a strong economy, to happy through June 30, 2004. lishment of separate campaign medals to be and prosperous citizens, to a well-run awarded to members of the uniformed serv- The message also announced that the government, and to a strong nation. ices who participate in Operation Enduring House has passed the following bills, in The men and women who make our Freedom and to members of the uniformed which it requests the concurrence of economy work are the backbone of services who participate in Operation Iraqi the Senate: Freedom; to the Committee on Armed Serv- America. Without them our great Na- ices. tion would be forced to collapse on H.R. 3036. An act to authorize appropriations for the Department of Justice for fiscal H.R. 3966. An act to amend title 10, United itself. Training the workforce of Amer- years 2004 through 2006, and for other pur- States Code, to improve the ability of the ica is not simply an isolated act of poses. Department of Defense to establish and kindness: every worker also makes an H.R. 3104. An act to provide for the estab- maintain Senior Reserve Officer Training important contribution to the United lishment of separate campaign medals to be Corps units at institutions of higher edu- States that enables it to succeed eco- awarded to members of the uniformed serv- cation, to improve the ability of students to nomically. I believe that a prosperous ices who participate in Operation Enduring participate in Senior ROTC programs, and to Freedom and to members of the uniformed ensure that institutions of higher education United States is not only good for the provide military recruiters entry to cam- American people but good for the services who participate in Operation Iraqi Freedom. puses and access to students that is at least world. H.R. 3966. An act to amend title 10, United equal in quality and scope to that provided I ask that may colleagues join me in States Code, to improve the ability of the to any other employer; to the Committee on honoring the 39 years of excellence and Department of Defense to establish and Armed Services. dedication of the Earle C. Clements maintain Senior Reserve Officer Training f Job Corps Center in Morganfield, KY. Corps units at institutions of higher education, to improve the ability of students to EXECUTIVE AND OTHER Their years of service and dedication COMMUNICATIONS have earned the praise and gratitude of participate in Senior ROTC programs, and to ensure that institutions of higher education the Senate. I hope for the very best in The following communications were provide military recruiters entry to cam- laid before the Senate, together with their continued years of service.∑ puses and access to students that is at least accompanying papers, reports, and doc- f equal in quality and scope to that provided to any other employer. uments, and were referred as indicated: HONORING THE ACCOMPLISH- f EC–6927. A communication from the Man- MENTS OF TYLER BROWN ager, Oak Ridge Operations Office, Depart- ENROLLED BILLS SIGNED ment of Energy, transmitting, pursuant to ∑ Mr. BUNNING. Mr. President, I pay At 5:35 p.m., a message from the law, the Oak Ridge Reservation Annual Site tribute and congratulate Tyler Brown House of Representatives, delivered by Environmental Report (ASER) for 2002; to of Louisville, KY, on his reception of the Committee on Energy and Natural Re- Ms. Niland, one of its reading clerks, sources. the Lyman T. Johnson Distinguished announced that the Speaker has signed Leadership Award given to him by the EC–6928. A communication from the Chair- the following enrolled bills: man, Nuclear Regulatory Commission, trans- Louisville Central Community Centers. H.R. 2584. An act to provide for the convey- mitting, pursuant to law, a draft of legisla- This award is given to an adult and a ance to the Utrok Atoll local government of tion relative to authorizing appropriations youth for outstanding volunteer work. a decommissioned National Oceanic and At- for the Commission for fiscal year 2005; to Tyler Brown has proven himself to be mospheric Administration ship, and for the Committee on Environment and Public an ideal volunteer. While he is only 16 other purposes. Works. years old, he has already done more S. 2057. An act to require the Secretary of EC–6929. A communication from the Regu- volunteer work than many people will Defense to reimburse members of the United lations Coordinator, Centers for Medicaid do in their whole life. He has worked States Armed Forces for certain transpor- and Medicare Services, Department of tation expenses incurred by the members in Health and Human Services, transmitting, with Habit for Humanity in Colorado, connection with leave under the Central pursuant to law, the report of a rule entitled Florida, and even in Canada. He is also Command Rest and Recuperation Leave Pro- ‘‘Medicare Program; Physicians Referrals to very active in his church, Bethlehem gram before the program was expanded to in- Health Care Entities With Which They Have Baptist, where he gives his time to clude domestic travel. Financial Relationships, Phase II’’ (RIN0938– their Dare to Care program in addition The following enrolled bills, pre- AK37) received on March 29, 2004; to the Com- to numerous other projects. viously signed by the Speaker of the mittee on Finance. EC–6930. A communication from the Acting The citizens of Louisville are fortu- House, were signed by the Acting nate to have a young man like Tyler Chief, Publications and Regulations Branch, President pro tempore (Mr. COLEMAN). Internal Revenue Service, transmitting, pur- Brown in their community. His exam- S. 2231. An act to reauthorize the Tem- suant to law, the report of a rule entitled ple of dedication, hard work, and com- porary Assistance for Needy Families block ‘‘Tax Return Preparers—Electronic Filing’’ passion should be an inspiration to all grant program through June 30, 2004, and for (TD9119) received on March 29, 2004; to the throughout the entire Commonwealth. other purposes. Committee on Finance.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3455 EC–6931. A communication from the Acting bia, transmitting, pursuant to law, the re- Report for Calendar Year 2003; to the Com- Chief, Publications and Regulations Branch, port of D.C. Act 15–396, ‘‘Low-Income, Long- mittee on Health, Education, Labor, and Internal Revenue Service, transmitting, pur- Term Homeowner’s Protection Clarification Pensions. suant to law, the report of a rule entitled Temporary Act of 2004’’; to the Committee EC–6957. A communication from the Rules ‘‘Automatic Consent to Change an Account- on Governmental Affairs. Administrator, Bureau of Prisons, transmit- ing Method to a Method Provided in Section EC–6944. A communication from the Chair- ting, pursuant to law, the report of a rule en- 1.263(a)-4 or -5’’ (Rev. Proc. 2004–23) received man of the Council of the District of Colum- titled ‘‘Final Rule: Visiting Regulations: on March 29, 2004; to the Committee on Fi- bia, transmitting, pursuant to law, the re- Prior Relationship’’ (RIN1120–AA77) received nance. port of D.C. Act 15–397, ‘‘Enforced Leave on March 29, 2004; to the Committee on the EC–6932. A communication from the Acting Amendment Act of 2004’’; to the Committee Judiciary. Chief, Publications and Regulations Branch, on Governmental Affairs. EC–6958. A communication from the Rules Internal Revenue Service, transmitting, pur- EC–6945. A communication from the Chair- Administrator, Bureau of Prisons, transmit- suant to law, the report of a rule entitled man of the Council of the District of Colum- ting, pursuant to law, the report of a rule en- ‘‘Allocation and Apportionment of Interest bia, transmitting, pursuant to law, the re- titled ‘‘Administrative Remedy Program: Expense: Alternative Method for Deter- port of D.C. Act 15–408, ‘‘Millicent Allewelt Excluded Matters’’ (RIN1120–AA72) received mining Tax Book Value’’ (RIN1545–AB92) re- Amendment Act of 2004’’; to the Committee on March 29, 2004; to the Committee on the ceived on March 29, 2004; to the Committee on Governmental Affairs. Judiciary. on Finance. EC–6946. A communication from the Chair- EC–6959. A communication from the Chief, EC–6933. A communication from the Acting man of the Council of the District of Colum- Regulations and Procedures Division, Alco- Chief, Publications and Regulations Branch, bia, transmitting, pursuant to law, the re- hol and Tobacco Tax and Trade Bureau, Internal Revenue Service, transmitting, pur- port of D.C. Act 15–409, ‘‘Vector-Borne Infec- transmitting, pursuant to law, the report of suant to law, the report of a rule entitled tious Diseases Control Act of 2004’’; to the a rule entitled ‘‘Oak Knoll District of Napa ‘‘Fringe Benefits Aircraft Valuation For- Committee on Governmental Affairs. Valley Viticultural Area’’ (RIN1513–AA48) re- mula’’ (Rev. Rule 2004–36) received on March EC–6947. A communication from the Chair- ceived on March 29, 2004; to the Committee 29, 2004; to the Committee on Finance. man of the Council of the District of Colum- on the Judiciary. EC–6934. A communication from the Sec- bia, transmitting, pursuant to law, the re- EC–6960. A communication from the Chief retary of Health and Human Services, transport of D.C. Act 15–410, ‘‘AccessRx Act of Financial Officer, Paralyzed Veterans of mitting, pursuant to law, the Plan for the 2004’’; to the Committee on Governmental America, transmitting, pursuant to law, the Transfer of Responsibility of Medicare Ap- Affairs. report of audited financial statements for peals; to the Committee on Finance. EC–6948. A communication from the Sec- fiscal year 2003; to the Committee on the Ju- EC–6935. A communication from the Assist- retary of the Treasury, transmitting, pursu- diciary. ant Legal Adviser for Treaty Affairs, Depart- ant to law, a report relative to the Exchange EC–6961. A communication from the Direc- ment of State, transmitting, pursuant to Stabilization Fund (ESF) for fiscal year 2003; tor, Regulations Management, Veterans’ law, the report of the texts and background to the Committee on Governmental Affairs. Benefits Administration, transmitting, pur- statements of international agreements, EC–6949. A communication from the Sec- suant to law, the report of a rule entitled other than treaties; to the Committee on retary of Commerce, transmitting, pursuant ‘‘Delegation of Authority—Property Manage- Foreign Relations. to law, the Department of Commerce’s re- ment Contractor’’ (RIN2900–AL85) received EC–6936. A communication from the Ad- port of the Office of Inspector General for on March 23, 2004; to the Committee on Vet- ministrator, Agency for International Devel- the period ending September 30, 2003; to the erans’ Affairs. opment, transmitting, pursuant to law, a re- Committee on Governmental Affairs. EC–6962. A communication from the Direc- EC–6950. A communication from the Direc- port relative to the funds appropriated by tor, National Cemetery Administration, De- tor, National Gallery of Art, transmitting, the Foreign Operations, Export Financing, partment of Veterans’ Affairs, transmitting, pursuant to law, the report of the Office of and Related Programs Appropriations Act, pursuant to law, the report of a rule entitled Inspector General for the period ending Sep- 2004; to the Committee on Foreign Relations. ‘‘Eligibility for an Appropriate Government tember 30, 2002; to the Committee on Govern- EC–6937. A communication from the Chair- Marker for a Grave Already Marked at Pri- mental Affairs. man of the Council of the District of Colum- vate Expense’’ (RIN2900–AL40) received on EC–6951. A communication from the Chair- bia, transmitting, pursuant to law, the re- March 23, 2004; to the Committee on Vet- man, Defense Nuclear Facilities Board Safe- port of D.C. Act 15–390, ‘‘Choice in Drug erans’ Affairs. Treatment Advisory Commission Amend- ty Board, transmitting, pursuant to law, the ment Act of 2004’’; to the Committee on Gov- Board’s Performance Report for Fiscal Year f ernmental Affairs. 2003; to the Committee on Governmental Af- INTRODUCTION OF BILLS AND EC–6938. A communication from the Chair- fairs. man of the Council of the District of Colum- EC–6952. A communication from the Chief JOINT RESOLUTIONS bia, transmitting, pursuant to law, the re- Judge of the Superior Court of the District The following bills and joint resolu- port of D.C. Act 15–391, ‘‘Interim Disability of Columbia, transmitting, pursuant to law, tions were introduced, read the first Assistance Amendment Act of 2004’’; to the a report relative to the Transition Plan for and second times by unanimous con- the District of Columbia Family Court Act Committee on Governmental Affairs. sent, and referred as indicated: EC–6939. A communication from the Chair- of 2001; to the Committee on Governmental man of the Council of the District of Colum- Affairs. By Mr. BINGAMAN (for himself, Mr. bia, transmitting, pursuant to law, the re- EC–6953. A communication from the White INHOFE, Ms. LANDRIEU, and Mr. port of D.C. Act 15–392, ‘‘Georgetown Project House Liaison, Department of Education, LUGAR): Second Temporary Amendment Act of 2004’’; transmitting, pursuant to law, the report of S. 2262. A bill to provide for the establish- to the Committee on Governmental Affairs. a nomination confirmed for the position of ment of campaign medals to be awarded to EC–6940. A communication from the Chair- Assistant Secretary, Office of Vocational and members of the Armed Forces who partici- man of the Council of the District of Colum- Adult Education, Department of Education, pate in Operation Enduring Freedom or Op- bia, transmitting, pursuant to law, the re- received on March 29, 2004; to the Committee eration Iraqi Freedom; to the Committee on port of D.C. Act 15–393, ‘‘Operation Enduring on Health, Education, Labor, and Pensions. Armed Services. Freedom and Operation Iraqi Freedom Ac- EC–6954. A communication from the White By Mr. THOMAS (for himself, Mr. tive Duty Pay Differential Extension Tem- House Liaison, Department of Education, SPECTER, and Mr. KYL): porary Amendment Act of 2004’’; to the Com- transmitting, pursuant to law, the report of S. 2263. A bill to amend the Internal Rev- mittee on Governmental Affairs. a nomination confirmed for the position of enue Code of 1986 to create Lifetime Savings EC–6941. A communication from the Chair- Assistant Secretary, Office of Secondary and Accounts; to the Committee on Finance. man of the Council of the District of Colum- Elementary Education, Department of Edu- By Mr. FEINGOLD (for himself and Mr. bia, transmitting, pursuant to law, the re- cation, received on March 29, 2004; to the ALEXANDER): port of D.C. Act 15–395, ‘‘Depreciation Allow- Committee on Health, Education, Labor, and S. 2264. A bill to require a report on the ance for Small Business De-Coupling from Pensions. conflict in Uganda , and for other purposes; the Internal Revenue Code Temporary Act of EC–6955. A communication from the Assist- to the Committee on Foreign Relations. 2004’’; to the Committee on Governmental ant Secretary for Administration and Man- By Mr. ROBERTS (for himself and Mr. Affairs. agement, Department of Labor, transmit- KENNEDY): EC–6942. A communication from the Chair- ting, pursuant to law, the report of a nomi- S. 2265. A bill to require group and indi- man of the Council of the District of Colum- nation confirmed for the position of Assist- vidual health plans to provide coverage for bia, transmitting, pursuant to law, the re- ant Secretary for Policy, Department of colorectal cancer screenings; to the Com- port of D.C. Act 15–394, ‘‘Owner-Occupant Labor, received on March 29, 2004; to the mittee on Health, Education, Labor, and Residential Tax Credit and Homestead De- Committee on Health, Education, Labor, and Pensions. duction Temporary Act of 2004’’; to the Com- Pensions. By Mr. DASCHLE (for Mr. KERRY (for mittee on Governmental Affairs. EC–6956. A communication from the Execu- himself, Ms. CANTWELL, Mr. HARKIN, EC–6943. A communication from the Chair- tive Director, Office of Compliance, trans- Mr. BAYH, Mr. PRYOR, Ms. LANDRIEU, man of the Council of the District of Colum- mitting, pursuant to law, the Office’s Annual Mr. BINGAMAN, and Mr. LEVIN)):

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3456 CONGRESSIONAL RECORD — SENATE March 31, 2004 S. 2266. A bill to amend the Small Business (Mr. BINGAMAN) was added as a cospon- S. 2056 Act to provide adequate funding for Women’s sor of S. 1008, a bill to provide for the At the request of Mr. BROWNBACK, the Business Centers; to the Committee on establishment of summer health career name of the Senator from Iowa (Mr. Small Business and Entrepreneurship. introductory programs for middle and By Ms. SNOWE (for herself, Mr. GRASSLEY) was added as a cosponsor of DOMENICI, and Mr. CHAFEE): high school students. S. 2056, a bill to increase the penalties S. 2267. A bill to amend section 29(k) of the S. 1063 for violations by television and radio Small Business Act to establish funding pri- At the request of Ms. COLLINS, the broadcasters of the prohibitions orities for women’s business centers; to the name of the Senator from Vermont against transmission of obscene, inde- Committee on Small Business and Entrepre- cent, and profane language. neurship. (Mr. JEFFORDS) was added as a cosponsor of S. 1063, a bill to amend the Pub- S. 2076 f lic Health Service Act to authorize the At the request of Mr. BAUCUS, the SUBMISSION OF CONCURRENT AND Commissioner of Food and Drugs to name of the Senator from California SENATE RESOLUTIONS conduct oversight of any entity en- (Mrs. FEINSTEIN) was added as a co- The following concurrent resolutions gaged in the recovery, screening, test- sponsor of S. 2076, a bill to amend title and Senate resolutions were read, and ing, processing, storage, or distribution XI of the Social Security Act to pro- referred (or acted upon), as indicated: of human tissue or human tissue-based vide direct congressional access to the By Mr. VOINOVICH (for himself, Mr. products. office of the Chief Actuary in the Cen- BIDEN, Mr. LUGAR, Mr. LIEBERMAN, S. 1183 ters for Medicare & Medicaid Services. and Mr. BROWNBACK): At the request of Mr. KYL, the name S. 2193 S. Res. 326. A resolution condemning eth- of the Senator from Illinois (Mr. DUR- nic violence in Kosovo; to the Committee on At the request of Ms. SNOWE, the Foreign Relations. BIN) was added as a cosponsor of S. 1183, name of the Senator from Wisconsin a bill to develop and deploy tech- f (Mr. FEINGOLD) was added as a cospon- nologies to defeat Internet jamming sor of S. 2193, a bill to improve small ADDITIONAL COSPONSORS and censorship, and for other purposes. business loan programs, and for other S. 451 S. 1197 purposes. At the request of Ms. SNOWE, the At the request of Mr. ENZI, the name S. 2213 name of the Senator from Alabama of the Senator from Mississippi (Mr. At the request of Mr. ROCKEFELLER, (Mr. SHELBY) was added as a cosponsor COCHRAN) was added as a cosponsor of the name of the Senator from South of S. 451, a bill to amend title 10, S. 1197, a bill to amend the Public Dakota (Mr. JOHNSON) was added as a United States Code, to increase the Health Service Act to ensure the safety cosponsor of S. 2213, a bill to amend minimum Survivor Benefit Plan basic and accuracy of medical imaging ex- part A of title IV of the Social Security annuity for surviving spouses age 62 aminations and radiation therapy Act to require the Secretary of Health and older, to provide for a one-year treatments. and Human Services to conduct reopen season under that plan, and for S. 1217 search on indicators of child well- other purposes. At the request of Mr. ENZI, the name being. S. 560 of the Senator from Kentucky (Mr. S. 2252 At the request of Mr. CRAIG, the BUNNING) was added as a cosponsor of name of the Senator from California At the request of Mr. KENNEDY, the S. 1217, a bill to direct the Secretary of names of the Senator from Florida (Mr. (Mrs. BOXER) was added as a cosponsor Health and Human Services to expand GRAHAM) and the Senator from Mary- of S. 560, a bill to impose tariff-rate and intensify programs with respect to quotas on certain casein and milk pro- land (Ms. MIKULSKI) were added as co- research and related activities con- sponsors of S. 2252, a bill to increase tein concentrates. cerning elder falls. S. 622 the number of aliens who may receive S. 1353 At the request of Mr. GRASSLEY, the certain non-immigrant status during name of the Senator from North Da- At the request of Mr. BROWNBACK, the fiscal year 2004 and to require submis- name of the Senator from Washington kota (Mr. CONRAD) was added as a co- sions of information by the Secretary sponsor of S. 622, a bill to amend title (Ms. CANTWELL) was added as a cospon- of Homeland Security. sor of S. 1353, a bill to establish new XIX of the Social Security Act to pro- S. 2258 special immigrant categories. vide families of disabled children with At the request of Mr. HATCH, the the opportunity to purchase coverage S. 1704 names of the Senator from Wyoming under the medicaid program for such At the request of Ms. COLLINS, the (Mr. ENZI), the Senator from New children, and for other purposes. name of the Senator from New York Hampshire (Mr. SUNUNU) and the Sen- S. 976 (Mrs. CLINTON) was added as a cospon- ator from Maine (Ms. SNOWE) were At the request of Mr. WARNER, the sor of S. 1704, a bill to amend the Pub- added as cosponsors of S. 2258, a bill to name of the Senator from Hawaii (Mr. lic Health Service Act to establish a revise certain requirements for H–2B AKAKA) was added as a cosponsor of S. State family support grant program to employers for fiscal year 2004, and for 976, a bill to provide for the issuance of end the practice of parents giving legal other purposes. custody of their seriously emotionally a coin to commemorate the 400th anni- S. 2261 versary of the Jamestown settlement. disturbed children to State agencies for the purpose of obtaining mental health At the request of Mr. DEWINE, the S. 977 name of the Senator from Nebraska At the request of Mr. FITZGERALD, services for those children. (Mr. HAGEL) was added as a cosponsor S. 1792 the name of the Senator from Mis- of S. 2261, a bill to expand certain pref- sissippi (Mr. COCHRAN) was added as a At the request of Mr. DOMENICI, the erential trade treatment for Haiti. cosponsor of S. 977, a bill to amend the names of the Senator from Minnesota S. CON. RES. 90 Public Health Service Act, the Em- (Mr. COLEMAN), the Senator from Idaho ployee Retirement Income Security (Mr. CRAIG) and the Senator from Mon- At the request of Mr. LEVIN, the Act of 1974, and the Internal Revenue tana (Mr. BURNS) were added as cospon- name of the Senator from Massachu- Code of 1986 to require that group and sors of S. 1792, a bill to amend the In- setts (Mr. KENNEDY) was added as a co- individual health insurance coverage ternal Revenue Code of 1986 to provide sponsor of S. Con. Res. 90, a concurrent and group health plans provide cov- the same capital gains treatment for resolution expressing the Sense of the erage for treatment of a minor child’s art and collectibles as for other invest- Congress regarding negotiating, in the congenital or developmental deformity ment property and to provide that a United States-Thailand Free Trade or disorder due to trauma, infection, deduction equal to fair market value Agreement, access to the United States tumor, or disease. shall be allowed for charitable con- automobile industry. S. 1008 tributions of literary, musical, artistic, S. RES. 298 At the request of Mr. CAMPBELL, the or scholarly compositions created by At the request of Mr. CAMPBELL, the name of the Senator from New Mexico the donor. name of the Senator from Mississippi

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3457 (Mr. COCHRAN) was added as a cospon- At the request of Mr. HARKIN, his Duty, National Guard, and Reserves sor of S. Res. 298, a resolution desig- name was added as a cosponsor of are all volunteers and exemplify the nating May 2004 as ‘‘National Cystic amendment No. 2945 proposed to H.R. 4, very essence of what it means to be a Fibrosis Awareness Month’’. supra. patriot. We believe that what they are S. RES. 311 f doing in Iraq and Afghanistan today At the request of Mr. BROWNBACK, the differs from military expeditionary ac- STATEMENTS ON INTRODUCED names of the Senator from Vermont tivities such as peacekeeping oper- BILLS AND JOINT RESOLUTIONS (Mr. LEAHY) and the Senator from Vir- ations or no-fly-zone enforcement. ginia (Mr. ALLEN) were added as co- By Mr. BINGAMAN (for himself, They continue to serve, even though sponsors of S. Res. 311, a resolution Mr. INHOFE, Ms. LANDRIEU, and they do not know when they will re- calling on the Government of the So- Mr. LUGAR): turn home to family and friends. They cialist Republic of Vietnam to imme- S. 2262. A bill to provide for the es- continue to serve despite the constant diately and unconditionally release Fa- tablishment of campaign medals to be threat to their lives and the tremen- ther Thadeus Nguyen Van Ly, and for awarded to members of the Armed dous hardships they face. other purposes. Forces who participate in Operation There is a difference between an ex- S. RES. 313 Enduring Freedom or Operation Iraqi peditionary medal and a campaign At the request of Mr. FEINGOLD, the Freedom; to the Committee on Armed medal. We only need to look at an ex- name of the Senator from Indiana (Mr. Services. cerpt from U.S. Army Qualifications LUGAR) was added as a cosponsor of S. Mr. BINGAMAN. Mr. President, I rise for the Armed Forces Expeditionary Res. 313, a resolution expressing the today with my colleagues, Senators Medal and Kosovo Campaign Medal. In sense of the Senate encouraging the ac- INHOFE, LANDRIEU, LUGAR, and LOTT, to order to receive the Armed Forces Ex- tive engagement of Americans in world introduce a bill to honor our service peditionary Medal, you don’t need to affairs and urging the Secretary of men and women in Iraq and Afghani- go to war. You only need to be ‘‘placed State to coordinate with implementing stan who have served and continue to in such a position that in the opinion partners in creating an online database serve their country by working for a of the Joint Chief of Staff, hostile ac- of international exchange programs free, independent, and stable Iraq and a tion by foreign armed forces was immi- and related opportunities. new Afghanistan. These missions have nent even though it does not mate- S. RES. 317 been difficult and the cost has been rialize.’’ At the request of Mr. HAGEL, the high; nearly 600 Americans have been To earn the Kosovo Campaign Medal, name of the Senator from Nevada (Mr. killed and almost 3,000 Americans have the standard is higher. A military REID) was added as a cosponsor of S. been injured in Iraq, while more than member must: Res. 317, a resolution recognizing the 500 Americans have been injured and Be engaged in actual combat, or duty importance of increasing awareness of more than 100 U.S. service men and that is equally hazardous as combat autism spectrum disorders, supporting women have been lost in Afghanistan. duty, during the Operation with armed programs for increased research and More than a year after the initial in- opposition regardless of time in the improved treatment of autism, and im- vasion, nearly 110,000 troops are still Area of Engagement. Or while partici- proving training and support for indi- stationed in Iraq, working to build a pating in the Operation, regardless of viduals with autism and those who care new, stable beacon of freedom in the time, [the service member] is wounded for individuals with autism. region. My fellow Senators, the libera- or injured and required medical evacu- AMENDMENT NO. 2889 tion of Iraq is turning out to be the ation from the Area of Engagement. At the request of Mr. SANTORUM, the most significant military occupation Many within the military agree that name of the Senator from Ohio (Mr. and reconstruction effort since the end there is a difference. According to the VOINOVICH) was added as a cosponsor of of World War II. We cannot understate Army Times, ‘‘Campaign medals help amendment No. 2889 intended to be pro- the importance of the work being done establish an immediate rapport with posed to S. 1637, a bill to amend the In- there today. individuals checking into a unit.’’ An ternal Revenue Code of 1986 to comply The administration’s focus on Iraq expeditionary medal like the GWOT with the World Trade Organization rul- leaves the mission in Afghanistan in- does not necessarily denote combat. A ings on the FSC/ETI benefit in a man- complete. Despite constant progress campaign medal is designed to recog- ner that preserves jobs and production there, the fighting is still not over. Re- nize military personnel who have activities in the United States, to recent assassinations of government offi- risked their lives in combat. form and simplify the international cials, car bombings, and the lingering Campaign medals matter. ‘‘When a taxation rules of the United States, presence of terrorist forces and former Marine shows up at a new duty station, and for other purposes. Taliban fighters force thousands of our commanders look first at his decora- AMENDMENT NO. 2943 troops to stay in-country. tions and his physical fitness score— At the request of Mr. CORNYN, the For there courageous efforts, the De- the first to see where he’s been, the name of the Senator from Arizona (Mr. partment of Defense has decided to second to see if he can hang. They show MCCAIN) was added as a cosponsor of award our brave young men and women what you’ve done and how serious you amendment No. 2943 intended to be pro- with the Global War on Terrorism Ex- are,’’ said GySgt James Cuneo. ‘‘If posed to H.R. 4, a bill to reauthorize peditionary Medal, GWOT, and no you’re a good Marine, people are going and improve the program of block other medal. This is despite the fact to award you when it comes time. . . .’’ grants to States for temporary assist- the GWOT medal is meant for any indi- My fellow colleagues, it is time. We ance for needy families, improve access vidual who has served overseas during must recognize the sacrifice of our to quality child care, and for other pur- the war on terror and may have come young men and women who liberated poses. within a few hundred miles of a combat Iraq, including great Americans like AMENDMENT NO. 2945 zone. The dangers of serving in Iraq Army SPC Joseph Hudson from At the request of Mrs. BOXER, the and Afghanistan are greater; therefore, Alamogordo, NM, who was held as a names of the Senator from Maryland along with my colleagues, Senators prisoner of war. The Nation was cap- (Ms. MIKULSKI), the Senator from Wis- LOTT, LANDRIEU, INHOFE, and LUGAR, I tivated as we watched Specialist Hud- consin (Mr. FEINGOLD), the Senator propose to correct this mistake by son being interrogated by the enemy. from West Virginia (Mr. BYRD) and the passing legislation authorizing the Iraq Asked to divulge his military occupa- Senator from Connecticut (Mr. LIEBER- and Afghanistan Liberation Medals in tion, Specialist Hudson stared defi- MAN) were added as cosponsors of addition to the Global War on Ter- antly into the camera and said, ‘‘I fol- amendment No. 2945 proposed to H.R. 4, rorism Expeditionary Medal. low orders.’’ Those of us with sons and a bill to reauthorize and improve the While some of us in this body have daughters were united in worry with program of block grants to States for not shared the administration’s view Specialist Hudson’s family. The entire temporary assistance for needy fami- on this war, we are united when it Nation rejoiced when he was liberated. lies, improve access to quality child comes to supporting our troops. These We have also asked much from our care, and for other purposes. young men and women from Active Reserve and National Guard Forces.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3458 CONGRESSIONAL RECORD — SENATE March 31, 2004 The reconstruction of Iraq would not one Republican aide. Exactly who would get ognize service by members of the Armed be possible without the commitment the campaign medals would be left to the Forces in Operation Enduring Freedom and a and sacrifice of the 170,000 guardsmen Pentagon to determine. The bill, HR 3104, separate campaign medal specifically to rec- only orders the medals to be established and and reservists currently on active ognize service by members of the Armed leaves eligibility rules to the military. Pas- Forces in Operation Iraqi Freedom. duty. sage by the full House still wouldn’t ensure (b) ELIGIBILITY.—Subject to such limita- My colleagues, Senators LOTT, LAN- the separate medals would ever be issued. tions as may be prescribed by the President, DRIEU, INHOFE, LUGAR, and I are com- The Senate debated the issue last year and eligibility for a campaign medal established mitted to honoring our over 200,000 he- by a 48–47 vote ended up siding with the Pen- pursuant to subsection (a) shall be set forth roes who liberated Iraq and Afghani- tagon. Defense officials have argued that a in uniform regulations to be prescribed by stan. We believe that current adminis- single medal treats all deployments for the the Secretaries of the military departments war on terrorism equally, whether the oper- and approved by the Secretary of Defense or tration policy does a disservice to our ations are in Iraq, Afghanistan, Africa, Co- fighting men and women. Therefore we in regulations to be prescribed by the Sec- lombia or the Philippines. The chief cospon- retary of Homeland Security with respect to propose, in addition to the GWOT sors of the House bill are all Vietnam vet- the Coast Guard when it is not operating as medal, new decorations that charac- erans who serve on the armed services com- a service in the Navy. terize the real missions in Iraq and Af- mittee: Vic Snyder, D–Ark., a former Ma- ghanistan, two that are distinctive and rine, and Army veterans Rob Simmons, R– By Mr. FEINGOLD (for himself Conn., and Silvestre Reyes, D–Texas. Snyder, honor their sacrifice, the Iraq and Af- and Mr. ALEXANDER): the chief sponsor, said his combat experience S. 2264. A bill to require a report on ghanistan Liberation Medals. is part of the reason why he is pushing for What we do today is not without separate campaign medals. ‘‘I know the in- the conflict in Uganda, and for other precedent; Congress has been respon- credible pride and sense of accomplishment purposes; to the Committee on Foreign sible for recognizing the sacrifice and our military personnel feel about how well Relations. courage of our military forces through- they have done in our most recent wars,’’ he Mr. FEINGOLD. Mr. President, today out history. Congress has had a signifi- said. ‘‘In past wars, millions of soldiers, sail- I am very pleased to be joined by my cant and historically central role in ors, airmen, and Marines have received com- colleague, Senator ALEXANDER, in in- bat medals that have held intense meaning authorizing military decoration. Our troducing legislation to draw attention for them,’’ Reyes added. ‘‘Soldiers who to the horrifying situation in northern Nation’s highest military decorations fought and are fighting in Iraq and Afghani- were authorized by Congress, includ- stan deserve a medal of equal significance.’’ and eastern Uganda. ing: the Medal of Honor, the Air Force ‘‘As a Vietnam veteran and reservist, I am When most of my colleagues think of Cross, the Navy Cross, the Army’s Dis- proud of the sacrifices made by our military Uganda, they probably think, quite tinctive Service Cross, the Silver Star, men and women,’’ said Simmons, who re- rightly, of Uganda’s inspiring example and the Distinguished Flying Cross. mained in the Army Reserve after his com- of how a concerted effort on the part of We have also authorized campaign bat experience and retired from the military government and civil society can save in 2000. ‘‘Whatever one thinks about the war and liberation medals similar to what lives in the fight against HIV/AIDS. Or on terror, our service men and women did perhaps they recall the brutal history we hope to accomplish with this legis- what their country asked of them and did it lation. A partial list includes the Span- very well. Congress should recognize these of the Amin era, and reflect on the ex- ish War Service Medal, the Army Occu- accomplishments.’’ In addition to the cam- traordinary progress that the Ugandan pation of Germany Medal, the World paign medal bill, the House Armed Services people have made in closing that chap- War II Victory Medal, the Berlin Air- Committee is scheduled to take up three ter of their history and rebuilding their lift Medal, the Korean Service Medal, other measures on Wednesday. One bill country. Today, so much of Uganda is and the Prisoner of War Medal. would order the reimbursement of travel ex- vibrant and exciting. A lively debate The list goes on and on. The great penses for service members who used the about the pace and depth of democra- Central Command’s rest and recuperative tization has been underway for years. men and women of our military forces leave program in its early stages last fall, a are doing their jobs every day in Iraq measure passed by the Senate last week. Ugandan leaders, including civil soci- and Afghanistan. It is time to do our Also planned are votes on a bill attempting ety leaders, work to fight against the job and honor them with an award that to expand access for military recruiters to insidious influence of corruption, just truly stands for their heroic service, college campuses and a non-binding resolu- as leaders here in our country do. the Iraq and Afghanistan Liberation tion asking the Defense Department, banks Ugandan officials devote time and en- Medals. and credit unions and the Federal Trade ergy to fostering a climate the encour- I ask unanimous consent that an ar- commission to all work to reduce the finan- ages enterprise and increased trade and cial hardships of mobilized reservists. The investment so that the next generation ticle from the Army Times and the planned markup is unusual because the text of the bill be printed in the House Armed Services Committee normally of Ugandans might know even more RECORD. would wrap such bills into the larger defense progress. And importantly Uganda is a There being no objection, the mate- authorization bill it approves each year. strong partner in cooperating with the rial was ordered to be printed in the Aides who spoke on the condition of not United States and with the rest of the RECORD, as follows: being identified said there are two reasons vast global coalition committed to [From the Army Times, Mar. 15, 2004] for breaking with tradition to pass separate fighting international terrorist net- bills. One is that lawmakers want to move HILL SET TO CHALLENGE PENTAGON ON works. quickly on some issues, like R&R travel re- TERROR-WAR MEDAL It is in part because there is so much imbursement, which have already been com- that is positive and promising about (By Rick Maze) pleted. The second reason is that House Re- The Pentagon’s determination to award a publican leaders have been pleading with Uganda and about our relationship single campaign medal for the entire global committees to have some bills ready for de- with Uganda that the situation in war on terrorism will come under fire bate and passage on the House floor. The leg- northern and eastern Uganda is so very Wednesday when the House Armed Services islative calendar already is light because of shocking. For more than 17 years, a Committee is expected to pass a bill ordering the upcoming elections, aides said. Delays in conflict has raged between the Lord’s creation of separate campaign medals for House floor debate on the 2005 budget resolu- Resistance Army and the Government combat operations in Iraq and Afghanistan. tion, due to problems getting a consensus of Uganda. All conflict comes with This is a bipartisan bill, first introduced in among Republicans about budget priorities, costs, but this one has been particu- September, with 84 cosponsors. It is expected has left a big hole in the legislative schedule to pass the committee Wednesday with little that House leaders would like to fill, aides larly atrocious. The LRA’s campaign or no discussion, but the next step is unclear, said. has been characterized by the forced House aides said. The Defense Department S. 2262 abduction of thousands of Ugandan has stood firm in the face of complaints Be it enacted by the Senate and House of Rep- children—possibly over 25,000 children. about having a single Global War on Ter- resentatives of the United States of America in These children have been terrorized, rorism Expeditionary Medal instead of sepa- Congress assembled, tortured, forced to participate in ex- rate campaign medals, and is likely to lean SECTION 1. MILITARY CAMPAIGN MEDALS TO traordinarily brutal acts, pressed into on House Republican leaders to prevent pas- RECOGNIZE SERVICE IN OPERATION service as soldiers and used as cannon sage of the bill, aides said. ‘‘Passing the com- ENDURING FREEDOM AND OPER- mittee isn’t a problem. Getting the bill ATION IRAQI FREEDOM. fodder, and forced into sexual ser- scheduled for a vote in the House of Rep- (a) REQUIREMENT.—The President shall es- vitude. Throughout the region, about resentatives could be a lot tougher,’’ said tablish a campaign medal specifically to rec- 1.4 million people are displaced, often

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3459 forced into camps by the government. tells us about the nature of the Suda- (6) Currently, many private insurance They cannot plant their crops, they nese regime. I am troubled by the pros- health plans are not providing coverage for cannot support themselves, and insecu- pect that some will, for their own pur- the full range of colorectal cancer screening rity makes it difficult to get humani- poses, cast the conflict in northern and tests. Lack of insurance coverage can act as a barrier to care. tarian assistance to these populations. eastern Uganda in purely ethnic terms, (7) Assuring coverage for the full range of Acute malnutrition is widespread, sani- lumping civilians who have been vic- colorectal cancer tests is an important step tary conditions often do not meet even timized in with the LRA forces respon- in increasing screening rates for these life minimal standards. sible for their suffering. I worry about saving tests. Worse, often these camps have insuf- the potential for regional fractures SEC. 2. COVERAGE FOR COLORECTAL CANCER ficient protection, and the LRA has when one part of the country lives in SCREENING. targeted these civilian communities of such a different world from the rest, (a) GROUP HEALTH PLANS.— the displaced. Just last month, a dis- enjoying none of the stability and de- (1) PUBLIC HEALTH SERVICE ACT AMEND- placed persons camp was attacked by velopment that we all so admire. I MENTS.—The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the LRA, and in a 3-hour period, some want Uganda to succeed. I want the the end the following: 200 unarmed civilians were hacked, volume of positive news to increase. ‘‘TITLE XXIX—MISCELLANEOUS HEALTH shot, and burned to death. Many fear And that means that we must address COVERAGE that targeting of civilians will only in- this serious issue frankly today. ‘‘SEC. 2901. COVERAGE FOR COLORECTAL CAN- crease with the government’s efforts to This legislation asks the administra- CER SCREENING. arm and train local defense forces, and tion to report to Congress on a number ‘‘(a) COVERAGE FOR COLORECTAL CANCER local leaders warn of the potential for of issues relating to the situation in SCREENING.— these forces to take the form of ethnic northern and eastern Uganda. I ask for ‘‘(1) IN GENERAL.—A group health plan, and militias, harkening back to some of the these reports because I certainly do not a health insurance issuer offering group worst days of Uganda’s history. have all of the answers. But I know health insurance coverage, shall provide cov- Reputable human rights organiza- enough about the problem to know erage for colorectal cancer screening con- tions have reported disturbing abuses that these reports will help the Con- sistent with this subsection to— gress to make informed decisions about ‘‘(A) any participant or beneficiary age 50 committed by Ugandan security forces or over; and in the region, and an absence of reli- how to proceed in our relationship with ‘‘(B) any participant or beneficiary under able mechanisms for holding those re- Sudan and about how to most effec- the age of 50 who is at a high risk for sponsible to account. The recent his- tively help the people of northern and colorectal cancer. tory of Ugandan military adventures in eastern Uganda. ‘‘(2) DEFINITION OF HIGH RISK.—For pur- the Democratic Republic of the Congo, Once again, I thank my colleague poses of subsection (a)(1)(B), the term ‘high particularly in Ituri, does not inspire from Tennessee for joining me in this risk for colorectal cancer’ has the meaning confidence. Thankfully, Uganda has effort. I urge my colleagues to support given such term in section 1861(pp)(2) of the Social Security Act (42 U.S.C. 1395x(pp)(2)). withdrawn from the DRC. But lin- this legislation. ‘‘(3) REQUIREMENT FOR SCREENING.—The gering questions about the military’s By Mr. ROBERTS (for himself group health plan or health insurance issuer commitment to basic human rights shall cover methods of colorectal cancer and Mr. KENNEDY): standards remain. I believe that the S. 2265. A bill to require group and in- screening that— ‘‘(A) are deemed appropriate by a physician Ugandan military and the Ugandan dividual health plans to provide cov- government want to answer those ques- (as defined in section 1861(r) of the Social Se- erage for colorectal cancer screenings; curity Act (42 U.S.C. 1395x(r))) treating the tions definitively, and to reaffirm their to the Committee on Health, Edu- commitment to developing professional participant or beneficiary, in consultation cation, Labor, and Pensions. with the participant or beneficiary; and responsible forces. But pretending Mr. ROBERTS. Mr. President, I ask ‘‘(B) are— that these questions and concerns do unanimous consent that the following ‘‘(i) described in section 1861(pp)(1) of the not exist is not in the interest of Ugan- bill, the Eliminate Colorectal Cancer Social Security Act (42 U.S.C. 1395x(pp)(1)) or dans, it is not in the interest of Ameri- Act, be printed in the RECORD. section 410.37 of title 42, Code of Federal Reg- cans, and it is not in the interest of the There being no objection, the bill was ulations; or ‘‘(ii) specified by the Secretary, based upon kind of solid, frank, genuine partner- ordered to be printed in the RECORD, as ship that I believe we all wish to cul- the recommendations of appropriate organi- follows: zations with special expertise in the field of tivate with Uganda. S. 2265 The Women’s Commission for Ref- colorectal cancer; and Be it enacted by the Senate and House of Rep- ‘‘(C) are performed at a frequency not ugee Women and Children reports that resentatives of the United States of America in greater than that— at least 50,000 people—the majority of Congress assembled, ‘‘(i) described for such method in section them children an adolescents—flee SECTION 1. SHORT TITLE; FINDINGS. 1834(d) of the Social Security Act (42 U.S.C. their homes nightly in search of secure (a) SHORT TITLE.—This Act may be cited as 1395m(d)) or section 410.37 of title 42, Code of places to stay until dawn. Dusk brings the ‘‘Eliminate Colorectal Cancer Act of Federal Regulations; or seemingly endless lines of children 2004’’. ‘‘(ii) specified by the Secretary for such walking into town centers from homes (b) FINDINGS.—The Congress finds the fol- method, if the Secretary finds, based upon lowing: that are often miles away, sleeping en new scientific knowledge and consistent with (1) Colorectal cancer is the second leading the recommendations of appropriate organi- masse in makeshift shelters if they are cause of cancer deaths in the United States zations with special expertise in the field of very lucky, sleeping on the streets for men and women combined. colorectal cancer, that a different frequency where they are extremely vulnerable to (2) It is estimated that in 2004, 146,940 new would not adversely affect the effectiveness exploitation if they are not. This is not cases of colorectal cancer will be diagnosed of such screening. something that happens occasionally. in men and women in the United States. ‘‘(b) NOTICE.—A group health plan under This has become a nightly ritual, a (3) Colorectal cancer is expected to kill this section shall comply with the notice re- way of life, for the civilians caught up 56,730 individuals in the United States in quirement under section 714(b) of the Em- 2004. ployee Retirement Income Security Act of in this nightmare. Children, some of (4) When colorectal cancer is diagnosed 1974 with respect to the requirements of this whom have been abducted and have es- early, at a localized stage, more than 90 per- section as if such section applied to such caped only to be abducted again, know cent of patients survive for 5 years or more. plan. much about fear. But they know little Once the disease has metastasized, 92 percent ‘‘(c) NON-PREEMPTION OF MORE PROTECTIVE about school. They know little about of patients die within 5 years. Yet, only 37 STATE LAW WITH RESPECT TO HEALTH INSUR- safety. They know very little about the percent of colorectal cancer cases are diag- ANCE ISSUERS.—This section shall not be con- promise of a better future. And the en- nosed while the disease is still in the local- strued to supersede any provision of State tire structure of their community has ized stage. law which establishes, implements, or con- (5) If all men and women age 50 and over tinues in effect any standard or requirement been shattered. practiced regular colorectal cancer screen- solely relating to health insurance issuers in The human tragedy is devastating ing, without any new scientific discoveries, connection with group health insurance cov- and the implications are quite serious. the United States could see up to a 50 to 90 erage that provides greater protections to If Sudan is continuing to support the percent reduction in deaths from this dis- participants and beneficiaries than the pro- LRA, I am concerned about what this ease. tections provided under this section.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3460 CONGRESSIONAL RECORD — SENATE March 31, 2004 ‘‘(d) DEFINITIONS AND ENFORCEMENT.—The ‘‘Sec. 714. Coverage for colorectal cancer ease. Tragically these deaths are tak- definitions and enforcement provisions of screening.’’. ing place despite the fact that this title XXVII shall apply for purposes of this (b) INDIVIDUAL HEALTH INSURANCE.— form of cancer is curable 90 percent of section.’’. (1) IN GENERAL.—Part B of title XXVII of the time if detected early. (2) ERISA AMENDMENTS.— the Public Health Service Act (42 U.S.C. (A) IN GENERAL.—Subpart B of part 7 of We know that screening can discover 300gg–41 et seq.) is amended by inserting this cancer early, in fact, so early that subtitle B of title I of the Employee Retire- after section 2752 the following new section: ment Income Security Act of 1974 (29 U.S.C. growths can be identified and removed ‘‘SEC. 2753. COVERAGE FOR COLORECTAL CAN- 1185 et seq.) is amended by adding at the end CER SCREENING. before they become cancerous. For no the following new section: ‘‘(a) IN GENERAL.—The provisions of sec- other disease are the guidelines for ‘‘SEC. 714. COVERAGE FOR COLORECTAL CANCER tion 2901(a) shall apply to health insurance screening better defined and nationally SCREENING. coverage offered by a health insurance issuer recognized as the best way to prevent ‘‘(a) COVERAGE FOR COLORECTAL CANCER in the individual market in the same manner SCREENING.— deaths from this cancer. as it applies to health insurance coverage of- ‘‘(1) IN GENERAL.—A group health plan, and Screening for colorectal cancer will fered by a health insurance issuer in connec- a health insurance issuer offering group save lives, and it will also avoid thou- tion with a group health plan in the small or health insurance coverage, shall provide cov- large group market. sands of dollars in later treatment erage for colorectal cancer screening con- ‘‘(b) NOTICE.—A health insurance issuer costs for each patient. The Institute of sistent with this subsection to— under this part shall comply with the notice Medicine estimated that such ‘‘(A) any participant or beneficiary age 50 requirement under section 714(b) of the Em- screenings cost less than 1 percent of or over; and ployee Retirement Income Security Act of ‘‘(B) any participant or beneficiary under later treatment for this cancer. Screen- 1974 with respect to the requirements re- the age of 50 who is at a high risk for ing for colorectal cancer is obviously ferred to in subsection (a) as if such section colorectal cancer. the right thing to do, and it is also the applied to such issuer and such issuer were a ‘‘(2) DEFINITION OF HIGH RISK.—For pur- cost-effective thing to do. group health plan.’’. poses of subsection (a)(1)(B), the term ‘high The real tragedy is that fewer than (2) TECHNICAL AMENDMENT.—Section risk for colorectal cancer’ has the meaning 2762(b)(2) of the Public Health Service Act (42 half of those who fit the guidelines for given such term in section 1861(pp)(2) of the U.S.C. 300gg–62(b)(2)) is amended by striking screening are actually screened within Social Security Act (42 U.S.C. 1395x(pp)(2)). ‘‘section 2751’’ and inserting ‘‘sections 2751 the right timeframes, if at all. As a re- ‘‘(3) REQUIREMENT FOR SCREENING.—The and 2753’’. group health plan or health insurance issuer sult, only 37 percent of colorectal can- (c) EFFECTIVE DATES.— shall cover methods of colorectal cancer cers are diagnosed at the early, most (1) GROUP HEALTH PLANS.—The amend- screening that— curable stages. ments made by subsection (a) shall apply ‘‘(A) are deemed appropriate by a physician Many citizens are aware, at least with respect to group health plans for plan (as defined in section 1861(r) of the Social Se- years beginning on or after January 1, 2005. vaguely, that they should probably be curity Act (42 U.S.C. 1395x(r))) treating the (2) INDIVIDUAL HEALTH INSURANCE.—The screened, but they can’t afford it, be- participant or beneficiary, in consultation amendments made by subsection (b) shall cause it is not covered by their health with the participant or beneficiary; apply with respect to health insurance cov- insurance. In our view, no American ‘‘(B) are— erage offered, sold, issued, renewed, in effect, ‘‘(i) described in section 1861(pp)(1) of the should be denied access to these life- or operated in the individual market on or Social Security Act (42 U.S.C. 1395x(pp)(1)) or saving screening procedures simply be- after January 1, 2005. section 410.37 of title 42, Code of Federal Reg- cause their health insurance company (d) COORDINATED REGULATIONS.—The Sec- ulations; or retary of Labor and the Secretary of Health will not pay for it. ‘‘(ii) specified by the Secretary, based upon and Human Services shall ensure, through Every American with insurance the recommendations of appropriate organi- the execution of an interagency memo- should have access to screening proce- zations with special expertise in the field of randum of understanding among such Secre- dures that will prevent cancer. By re- colorectal cancer; and taries, that— quiring insurers to cover colorectal ‘‘(C) are performed at a frequency not (1) regulations, rulings, and interpreta- greater than that— cancer screening, we will save thou- tions issued by such Secretaries relating to ‘‘(i) described for such method in section sands of lives each year, and save the same matter over which both Secretaries 1834(d) of the Social Security Act (42 U.S.C. money too. have responsibility under the provisions of 1395m(d)) or section 410.37 of title 42, Code of Some argue that it is wrong to re- this section (and the amendments made Federal Regulations; or thereby) are administered so as to have the quire insurers to cover a test for a spe- ‘‘(ii) specified by the Secretary for such same effect at all times; and cific disease. Yet the evidence is clear method, if the Secretary finds, based upon (2) coordination of policies relating to en- that screening makes colorectal cancer new scientific knowledge and consistent with forcing the same requirements through such preventable, treatable, and beatable. the recommendations of appropriate organi- Secretaries in order to have a coordinated zations with special expertise in the field of National Colorectal Cancer Aware- enforcement strategy that avoids duplica- colorectal cancer, that a different frequency ness Month has brought new attention tion of enforcement efforts and assigns prior- would not adversely affect the effectiveness to the fact we can eliminate a disease ities in enforcement. of such screening. that causes immeasurable suffering ‘‘(b) NOTICE UNDER GROUP HEALTH PLAN.— Mr. KENNEDY. Mr. President, it is a and sadness in the lives of millions of The imposition of the requirements of this privilege to join my colleagues in in- Americans. With this legislation, we section shall be treated as a material modi- troducing the Eliminate Colorectal can save hundreds of thousands of lives fication in the terms of the plan described in Cancer Act of 2004. I especially com- section 102(a), for purposes of assuring notice over the next 5 years. mend Senator ROBERTS for his leader- of such requirements under the plan; except The need is clear and so is the solu- that the summary description required to be ship, assistance, and support on this tion. As National Colorectal Cancer provided under the third to last sentence of important legislation. This bipartisan Awareness Month comes to a close, let section 104(b)(1) with respect to such modi- bill is being introduced on the final day us do the right thing and work to- fication shall be provided by not later than of National Colorectal Cancer Aware- gether to approve the Eliminate 60 days after the first day of the first plan ness Month, as a sign of our intention Colorectal Cancer Act of 2004. year in which such requirements apply.’’. to do all we can to see that more effec- (B) TECHNICAL AND CONFORMING AMEND- tive action is taken as soon as possible By Mr. DASCHLE (for Mr. KERRY MENTS.— (i) Section 731(c) of the Employee Retire- to combat this deadly disease. Our goal (for himself, Ms. CANTWELL, Mr. ment Income Security Act of 1974 (29 U.S.C. in this is to give every American with HARKIN, Mr. BAYH, Mr. PRYOR, 1191(c)) is amended by striking ‘‘section 711’’ health insurance the right to access a Ms. LANDRIEU, Mr. BINGAMAN, and inserting ‘‘sections 711 and 714’’. full range of screening tests for and Mr. LEVIN)): (ii) Section 732(a) of the Employee Retire- colorectal cancer. S. 2266. A bill to amend the Small ment Income Security Act of 1974 (29 U.S.C. The statistics are staggering. Business Act to provide adequate fund- 1191a(a)) is amended by striking ‘‘section Colorectal cancer is the second leading ing for Women’s Business Centers; to 711’’ and inserting ‘‘sections 711 and 714’’. cause of cancer deaths among men and the Committee on Small Business and (iii) The table of contents in section 1 of the Employee Retirement Income Security women in America. Last year, 148,000 Entrepreneurship. Act of 1974 is amended by inserting after the people were diagnosed with colorectal (At the request of Mr. DASCHLE, the item relating to section 713 the following cancer, and 56,000 mothers, fathers, following statement was ordered to be new item: daughters, and sons died from the dis- printed in the RECORD.)

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3461 ∑ Mr. KERRY. Mr. President, today as funding for these, our most efficient (2) in paragraph (4)(A), by adding at the ranking member of the Committee on and successful centers, would not only end the following: Small Business and Entrepreneurship, I be detrimental to the centers them- ‘‘(v) For fiscal year 2004, 54 percent.’’. offer the Women’s Business Center selves, but also to the women they (b) SUNSET DATE.—The amendments made by this section are repealed on October 1, Safeguard Act, legislation to fix a serve, to their local communities, to 2004. funding gap that exists for the most ex- their States, and to the national econ- perienced meritorious women’s busi- omy. By Ms. SNOWE (for herself, Mr. ness centers. As the author of the Women’s Busi- DOMENICI, and Mr. CHAFEE): I would first like to express my sin- ness Centers Sustainability Act of 1999, S. 2267. A bill to amend section 29(k) cere disappointment that the Repub- I can tell you that when the bill was of the Small Business Act to establish lican majority refused to include the signed into law, it was Congress’s in- funding priorities for women’s business bipartisan women’s business center tent to protect the established and suc- centers; to the Committee on Small compromise that was agreed to by cessful infrastructure of worthy, per- Business and Entreprenuership. Chair SNOWE and the bipartisan leader- forming centers. The law was designed Ms. SNOWE. Mr. President, I ask ship of the House Small Business Com- to allow all graduating Women’s Busi- unanimous consent that the bill be mittee, and, in the best interest of ness Centers that meet certain per- printed in the RECORD. women business owners across the formance standards to receive contin- There being no objection, the bill was country, I urge them to reconsider. ued funding under sustainability ordered to be printed in the RECORD, as I also want to comment on the Bush grants. This approach allows for new follows: administration’s proposals to elimi- centers to be established—but not by S. 2267 nate experienced, efficient, and effec- penalizing those that have already Be it enacted by the Senate and House of Rep- tive women’s business centers in favor demonstrated their worth. It was our of new, untested, and inexperienced resentatives of the United States of America in intention to continue helping the most Congress assembled, centers. Moving forward with the ad- productive and well-equipped women’s SECTION 1. SHORT TITLE. ministration’s proposal and failing to business centers, knowing that demand This Act may be cited as the ‘‘Women’s correct this funding gap immediately for such services was rapidly growing. Sustainability Recovery Act of 2004’’. would jeopardize women’s business cen- Today, with women-owned businesses SEC. 2. WOMEN’S BUSINESS CENTERS. ters in 39 States and eliminate assist- opening at one-and-a-half times the (a) IN GENERAL.—Section 29(k) of the Small ance for thousands of women in busi- rate of all privately held firms, the de- Business Act (15 U.S.C. 656(k)) is amended— ness. While, as my bill demonstrates, I mand and need for women’s business (1) in paragraph (2), by adding at the end support opening new centers to help centers is even greater. Until Congress the following: women entrepreneurs who do not cur- makes permanent the Women’s Busi- ‘‘(C) FUNDING PRIORITY.—Subject to avail- rently have access to this important ness Center Sustainability Pilot Pro- able funds, and reservation of funds, the Ad- assistance, this should only occur when gram, as intended in Senate-passed leg- ministration shall, for fiscal year 2004, allo- the existing centers, whether in their cate— islation, an extension of authority and ‘‘(i) $150,000 for each eligible women’s busi- initial or a later funding period, are increase in sustainability funds is ness center established under subsection (b), fully funded. The administration’s pol- vital—not only to the centers them- except for centers that request a lesser icy to sacrifice successful, experienced selves, but to the women’s business amount; centers in the interest of opening new community and to the millions of ‘‘(ii) from the funds reserved under sub- centers is unwarranted and unwise. workers employed by women-owned section (k)(4)(A), not more than $125,000, in Women entrepreneurs and their busi- businesses around the country. equal amounts, to each eligible women’s nesses are critically important to our This bill is necessary to continue the business center established under subsection economy and to U.S. job creation, and (l), except for centers that request a lesser good work of SBA’s Women’s Business amount; and women’s business centers help them Center network, and I urge all of my ‘‘(iii) any funds remaining after allocations succeed. I intend to continue to advo- colleagues to support it and its inclu- are made under clauses (i) and (ii) to new eli- cate on their behalf. sion as part of any extension of SBA gible women’s business centers and eligible This legislation contains a small ad- programs. I ask that the full text of women’s business centers that did not re- justment to the Women’s Business Cen- this bill be printed in the RECORD.∑ ceive funding in the prior fiscal year under ter program that updates an outdated The bill follows. subsection (b).’’; and funding formula, without added cost to S. 2266 (2) in paragraph (4)(A), by adding at the end the following: the Treasury. The adjustment changes Be it enacted by the Senate and House of Rep- ‘‘(v) For fiscal year 2004, 48 percent.’’. the portion of funding allowed for resentatives of the United States of America in (b) SUNSET DATE.—The amendments made Congress assembled, women’s business centers in the sus- by subsection (a) are repealed on October 1, tainability part of the program to keep SECTION 1. SHORT TITLE. 2004. up with the increasing number of cen- This Act may be cited as the ‘‘Women’s Business Center Safeguard Act’’. ters that will need funding this fiscal f year. In short, this change directs the SEC. 2. WOMEN’S BUSINESS CENTERS. (a) IN GENERAL.—Section 29(k) of the Small SBA to reserve 54 percent of the appro- Business Act (15 U.S.C. 656(k)) is amended— SUBMITTED RESOLUTIONS priated funds for the sustainability (1) in paragraph (2), by adding at the end centers, instead of 30 percent, which the following: will allow for full funding of the most ‘‘(C) FUNDING PRIORITY.—Subject to avail- experienced centers, while still allowable funds, and reservation of funds, the Ad- SENATE RESOLUTION 326—CON- ing for new centers and protecting ex- ministration shall, for each fiscal year, allo- DEMNING ETHNIC VIOLENCE IN isting ones. cate— KOSOVO ‘‘(i) $150,000 for each women’s business cen- Currently there are 88 women’s busi- Mr. VOINOVICH (for himself, Mr. ness centers. Of these, 35 are in the ini- ter established under subsection (b), except for any center that requests a lesser amount; BIDEN, Mr. LUGAR, Mr. LIEBERMAN, and tial grant program and 53 will have ‘‘(ii) from the remaining funds, not more Mr. BROWNBACK) submitted the fol- graduated to the sustainability part of than $125,000, in equal amounts, to each lowing resolution; which was referred the program in this funding cycle. women’s business center established under to the Committee on Foreign Rela- These sustainability centers make up subsection (l), to the extent such funds are tions: more than half of the total women’s reserved under subsection (k)(4)(A), except business centers, but under the current for any center that requests a lesser amount; S. RES. 326 funding formula are only allotted 30 and Whereas ethnic violence erupted in Kosovo percent of the funds. Without the ‘‘(iii) any funds remaining after allocations on March 17, 2004, claiming the lives of 20 in- are made under clauses (i) and (ii) to new eli- dividuals, including 8 Kosovo Serbs, 8 Kosovo change to 54 percent, all grants to sus- gible women’s business centers and eligible Albanians, and 4 unidentified victims, injur- tainability centers could be cut in women’s business centers that did not re- ing more than 600 others, and displacing half—or worse, 23 experienced centers ceive funding in the prior fiscal year under more than 4,000 Kosovo Serbs and other mi- could lose funding completely. Cutting subsection (b). ’’; and norities;

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3462 CONGRESSIONAL RECORD — SENATE March 31, 2004 Whereas the violence also resulted in the (5) recognizes the commitment made by their safety and confident in their abil- destruction of more than 500 homes belong- the Kosovo Assembly to establish a fund for ity to access institutions and partici- ing to Kosovo Serbs, Ashkali, and other mi- the reconstruction of property, including pate in social, economic and political norities, and in the destruction of, or dam- homes and churches, destroyed during the life in Kosovo on a non-discriminatory age to, more than 30 churches and mon- attacks; asteries belonging to the Serbian Orthodox (6) recognizes the commitment made by basis, will it be possible to say that the Church; Serbian officials to provide funds for the re- situation of minorities in Kosovo is ac- Whereas historic mosques in Belgrade and construction of mosques in Belgrade and Nis, ceptable.’’ Nis, and an Islamic center in Novi Sad, were and an Islamic center in Novi Sad; The latest round of ethnic violence in also destroyed or damaged; (7) urges political leaders to fulfill their Kosovo, which erupted on March 17, Whereas in response to the violence, Com- commitment to rebuild what has been de- 2004, resulted in the deaths of 20 people, mander in Chief of the North Atlantic Trea- stroyed and to take all possible action to including 8 Kosovo Serbs, 8 Kosovo Al- ty Organization (NATO) Allied Forces South, allow the more than 4,000 Kosovo Serbs and banians, and 4 unidentified victims. It Admiral Gregory Johnson, concluded, ‘‘This other minorities displaced during the vio- kind of activity, which essentially amounts displaced more than 4,000 people, in- lence to return quickly and safely to their cluding Kosovo Serbs, Ashkalia, and to ethnic cleansing, cannot go on.’’; homes and communities; Whereas Supreme Allied Commander, Eu- (8) encourages all political leaders in others, and led to the destruction of rope, General James Jones ordered the de- Kosovo to renounce the use of violence, and more than 500 homes and more than 30 ployment of NATO’s Strategic Reserve Force to proceed with efforts to establish a secure, churches or monasteries belonging to on March 19, 2004, to calm the violence and peaceful, multiethnic society, which protects the Serbian Orthodox Church—adding end the destruction; the rights of all people in Kosovo, and to to the more than 100 churches that had Whereas Deputy Secretary of State Rich- take action to proceed with the implementa- already been destroyed during the last ard Armitage and Foreign Minister of Serbia tion of the standards or ‘‘benchmark goals’’ and Montenegro Goran Svilanovic met in 5 years. outlined by UNMIK; This is a tragic and urgent reminder Washington on March 19, 2004, and called for (9) strongly recommends that the United an immediate end to the violence, concur- of the work that remains to be done in Nations review the structure and organiza- Kosovo. I believe we must redouble our ring that no party in Kosovo can be allowed tion of UNMIK; and to profit or advance a political agenda (10) urges reinvigoration of dialogue be- efforts and do all that we can to pre- through violent measures; tween Belgrade and Pristina in an effort to vent continued violence in Kosovo. Whereas a stable, secure, and functioning move toward the establishment of a peaceful While the violence appears to be multiethnic society is in the best interest of and secure environment guaranteeing free- calming, the situation on the ground all people of Kosovo, the broader region of dom of movement and human rights for all remains tense. There is a long road Southeast Europe, and the world; people in Kosovo. Whereas it is essential that political lead- ahead as we look to work with the peo- ers in Kosovo support efforts to establish an Mr. VOINOVICH. Mr. President, as ple of Kosovo not only to rebuild what environment in which all people in Kosovo many of my colleagues are aware, I has been destroyed, but also to secure have freedom of movement and the ability to continue to pay close attention to dean environment where respect for live free from fear; velopments in Southeast Europe. Dur- human rights and the rule of law are Whereas the United States and members of ing my time as a member of the Sen- protected. Continued U.S. leadership is the international community have called on ate, I have been deeply concerned with critical in this regard. the people of Kosovo to implement 8 stand- Today, I submit a resolution con- ards outlined by the United Nations Interim the situation in Kosovo—particularly Administration in Kosovo (UNMIK), which the situation for Kosovo’s ethnic mi- demning the recent ethnic violence in are to be met prior to the consideration of norities. Kosovo and calling for a renewed effort the question of final status for Kosovo, in- I have traveled to Kosovo three times to promote long-term peace and sta- cluding: the existence of effective, represent- since the end of the military campaign bility there. I am joined by a number of ative, and functioning democratic institu- in 1999, most recently in May 2002. At my colleagues, including Senator JOE tions; enforcement of the rule of law; free- that time, I met with Kosovo Albanian BIDEN, Senator DICK LUGAR, Senator dom of movement; sustainable returns of ref- JOE LIEBERMAN, and Senator SAM ugees and displaced persons, and respect for leaders, including President Rugova and Prime Minister Rexhepi, as well as BROWNBACK. the rights of communities; creation of a I urge my colleagues to join me in sound basis for a market economy; fair en- leaders of the Kosovo Serb community. forcement of property rights; normalized In my conversations with all political supporting swift passage of this impor- dialogue with Belgrade; and transformation leaders, I stressed the importance of tant measure, which reminds us of un- of the Kosovo Protection Corps (KPC) in line moving forward with efforts to pro- finished business in this part of the with its mandate; and mote the rule of law and refugee re- world. Whereas it is in the long-term interest of turn, as well as work to provide for the f all people of Kosovo that the UNMIK standards are achieved in order to promote peace, protection of human rights and free- AMENDMENTS SUBMITTED AND stability, and economic development, and to dom of movement for all people in PROPOSED ensure a better future for all people in Kosovo. SA 2956. Mr. GRAHAM, of Florida (for him- Kosovo: Now, therefore, be it At that time, I reiterated a plea that self, Mr. CHAFEE, Mr. CARPER, Ms. COLLINS, Resolved, That the Senate— I made during a trip to Pristina in Feb- Mr. CORZINE, Mr. MCCAIN, Mrs. MURRAY, Ms. (1) urges all people in Kosovo to imme- ruary 2000, urging Kosovo’s leaders to CANTWELL, Mrs. CLINTON, Mr. DURBIN, Mrs. diately stop the violence, end the destruc- start a new paradigm of peace and sta- FEINSTEIN, Mr. NELSON, of Florida, and Mr. tion of homes, churches, and other cultural bility for all people in Kosovo. I con- SCHUMER) submitted an amendment intended and religious sites, and cooperate with North to be proposed by him to the bill H.R. 4, to Atlantic Treaty Organization’s Kosovo Force tinue to believe it is essential that minorities in Kosovo, including Serbs, reauthorize and improve the program of (KFOR), the United Nations Interim Admin- block grants to States for temporary assist- istration in Kosovo (UNMIK), and the Roma, Egyptians, Bosniaks, Croats, ance for needy families, improve access to Kosovo Police in identifying for prosecution Turks, Ashkalia, and others, are able quality child care, and for other purposes; the perpetrators of violence and the destruc- to move about as they wish and live which was ordered to lie on the table. tion of property; lives free from fear. SA 2957. Mr. LEVIN (for himself, Mr. JEF- (2) expresses its deep condolences to the I could not agree more with a state- FORDS, Mr. ROCKEFELLER, Ms. STABENOW, Mr. families of those who have been killed in the DURBIN, Mr. CARPER, and Mr. BINGAMAN) sub- recent violence; ment made in the Ninth Assessment of the Situation of Ethnic Minorities in mitted an amendment intended to be pro- (3) strongly condemns the destruction of posed by him to the bill H.R. 4, supra; which personal and religious property in Kosovo, Kosovo, a joint report released in May was ordered to lie on the table. including more than 500 homes belonging to 2002 by the Organization for Security SA 2958. Mrs. MURRAY submitted an Kosovo Serbs, Ashkali, and other minorities, and Cooperation in Europe, OSCE, and amendment intended to be proposed by her and of 30 churches and monasteries belong- the U.N. High Commission on Refugees, to the bill H.R. 4, supra; which was ordered ing to the Serbian Orthodox Church, adding UNHCR. The report concludes, ‘‘Only to lie on the table. to the more than 100 churches that have been when Kosovo’s minorities feel con- SA 2959. Mr. REID (for himself and Mrs. destroyed since June 1999; fident in their long-term future and MURRAY) submitted an amendment intended (4) strongly condemns the destruction of to be proposed by him to the bill H.R. 4, historic mosques in the cities of Belgrade when all of Kosovo’s displaced persons supra; which was ordered to lie on the table. and Nis, and of an Islamic center in Novi are able to exercise the choice to re- SA 2960. Mr. TALENT submitted an amend- Sad; turn to their homes, feeling assured of ment intended to be proposed by him to the

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bill H.R. 4, supra; which was ordered to lie on Mr. CARPER) submitted an amendment in- bill H.R. 4, supra; which was ordered to lie on the table. tended to be proposed by him to the bill H.R. the table. SA 2961. Mr. TALENT submitted an amend- 4, supra; which was ordered to lie on the SA 3001. Mr. KYL submitted an amendment intended to be proposed by him to the table. ment intended to be proposed by him to the bill H.R. 4, supra; which was ordered to lie on SA 2981. Mr. ALEXANDER (for himself, bill H.R. 4, supra; which was ordered to lie on the table. Ms. SNOWE, Ms. COLLINS, Mr. BREAUX, Mr. the table. SA 2962. Mr. CAMPBELL submitted an BAYH, Mr. CARPER, Ms. LANDRIEU, Mrs. CLIN- SA 3002. Mr. KYL submitted an amend- amendment intended to be proposed by him TON, Mr. DODD, and Mr. LIEBERMAN) sub- ment intended to be proposed by him to the to the bill H.R. 4, supra; which was ordered mitted an amendment intended to be pro- bill H.R. 4, supra; which was ordered to lie on to lie on the table. posed by him to the bill H.R. 4, supra; which the table. SA 2963. Mr. SANTORUM (for himself and was ordered to lie on the table. SA 3003. Mr. KYL submitted an amend- Mr. BROWNBACK) submitted an amendment SA 2982. Mr. TALENT submitted an ment intended to be proposed by him to the intended to be proposed by him to the bill amendment intended to be proposed by him bill H.R. 4, supra; which was ordered to lie on H.R. 4, supra; which was ordered to lie on the to the bill H.R. 4, supra; which was ordered the table. SA 3004. Mr. SESSIONS submitted an table. to lie on the table. amendment intended to be proposed by him SA 2964. Mr. KOHL submitted an amend- SA 2983. Mr. BIDEN (for himself and Mrs. to the bill H.R. 4, supra; which was ordered ment intended to be proposed by him to the BOXER) submitted an amendment intended to bill H.R. 4, supra; which was ordered to lie on to lie on the table. be proposed by him to the bill H.R. 4, supra; SA 3005. Mr. SESSIONS submitted an the table. which was ordered to lie on the table. SA 2965. Mr. JEFFORDS (for himself, Mr. amendment intended to be proposed by him SA 2984. Ms. LANDRIEU submitted an to the bill H.R. 4, supra; which was ordered SMITH, Ms. COLLINS, Mr. CHAFEE, and Mr. amendment intended to be proposed by her ROCKEFELLER) submitted an amendment in- to lie on the table. to the bill H.R. 4, supra; which was ordered SA 3006. Mr. FRIST (for Mr. MCCAIN (for tended to be proposed by him to the bill H.R. to lie on the table. himself, Mr. STEVENS, Mr. DORGAN, and Mr. 4, supra; which was ordered to lie on the SA 2985. Mr. DAYTON submitted an REID)) proposed an amendment to the bill S. table. amendment intended to be proposed by him SA 2966. Mr. LUGAR (for himself, Mr. 275, to amend the Professional Boxing Safety to the bill H.R. 4, supra; which was ordered Act of 1996, and to establish the United LEAHY, Mrs. DOLE, and Mr. KOHL) submitted to lie on the table. States Boxing Administration. an amendment intended to be proposed by SA 2986. Mr. BINGAMAN submitted an him to the bill H.R. 4, supra; which was or- amendment intended to be proposed by him f dered to lie on the table. to the bill H.R. 4, supra; which was ordered TEXT OF AMENDMENTS SA 2967. Mr. GREGG submitted an amend- to lie on the table. ment intended to be proposed by him to the SA 2987. Mr. BINGAMAN submitted an SA 2956. Mr. GRAHAM of Florida (for bill H.R. 4, supra; which was ordered to lie on amendment intended to be proposed by him himself, Mr. CHAFEE, Mr. CARPER, Ms. the table. to the bill H.R. 4, supra; which was ordered COLLINS, Mr. CORZINE, Mr. MCCAIN, SA 2968. Mr. DOMENICI submitted an to lie on the table. Mrs. MURRAY, Ms. CANTWELL, Mrs. amendment intended to be proposed by him SA 2988. Mr. BINGAMAN submitted an CLINTON, Mr. DURBIN, Mrs. FEINSTEIN, to the bill H.R. 4, supra; which was ordered amendment intended to be proposed by him Mr. NELSON of Florida, and Mr. SCHU- to lie on the table. to the bill H.R. 4, supra; which was ordered SA 2969. Mr. AKAKA submitted an amend- MER) submitted an amendment in- to lie on the table. ment intended to be proposed by him to the tended to be proposed by him to the SA 2989. Mr. BINGAMAN (for himself, Mr. bill H.R. 4, supra; which was ordered to lie on bill H.R. 4, to reauthorize and improve ALLEN, Mr. WYDEN, Mr. BURNS, Mr. AKAKA, the table. and Mr. INOUYE) submitted an amendment the program of block grants to States SA 2970. Mr. BAUCUS (for himself, Mr. intended to be proposed by him to the bill for temporary assistance for needy HARKIN, and Mr. CARPER) submitted an H.R. 4, supra; which was ordered to lie on the families, improve access to quality amendment intended to be proposed by him table. child care, and for other purposes; to the bill H.R. 4, supra; which was ordered SA 2990. Mr. ROCKEFELLER submitted an to lie on the table. which was ordered to lie on the table; SA 2971. Mr. BAUCUS (for himself, Mr. amendment intended to be proposed by him as follows: to the bill H.R. 4, supra; which was ordered DASCHLE, Mr. LAUTENBERG, Mr. GRAHAM, of At the appropriate place, insert the fol- to lie on the table. Florida, Mr. KENNEDY, and Mrs. CLINTON) lowing: SA 2991. Mr. ROCKEFELLER submitted an submitted an amendment intended to be pro- SEC. ll. OPTIONAL COVERAGE OF LEGAL IMMI- amendment intended to be proposed by him posed by him to the bill H.R. 4, supra; which GRANTS UNDER THE MEDICAID PRO- to the bill H.R. 4, supra; which was ordered was ordered to lie on the table. GRAM AND SCHIP. SA 2972. Mr. BAUCUS (for himself, Mr. to lie on the table. (a) MEDICAID PROGRAM.—Section 1903(v) (42 SA 2992. Mr. ROCKEFELLER submitted an DASCHLE, Mr. JOHNSON, Mr. BINGAMAN, Mr. U.S.C. 1396b(v)) is amended— amendment intended to be proposed by him AKAKA, and Mr. INOUYE) submitted an (1) in paragraph (1), by striking ‘‘paragraph amendment intended to be proposed by him to the bill H.R. 4, supra; which was ordered (2)’’ and inserting ‘‘paragraphs (2) and (4)’’; to the bill H.R. 4, supra; which was ordered to lie on the table. and to lie on the table. SA 2993. Mr. ROCKEFELLER (for himself (2) by adding at the end the following: SA 2973. Mr. SANTORUM submitted an and Mrs. LINCOLN) submitted an amendment ‘‘(4)(A) Only during the period described in amendment intended to be proposed by him intended to be proposed by him to the bill subparagraph (C), a State may elect (in a to the bill H.R. 4, supra; which was ordered H.R. 4, supra; which was ordered to lie on the plan amendment under this title) to provide to lie on the table. table. medical assistance under this title for aliens SA 2974. Mrs. LINCOLN submitted an SA 2994. Mr. HATCH submitted an amend- who are lawfully residing in the United amendment intended to be proposed by her ment intended to be proposed by him to the States (including battered aliens described to the bill H.R. 4, supra; which was ordered bill H.R. 4, supra; which was ordered to lie on in section 431(c) of the Personal Responsi- to lie on the table. the table. bility and Work Opportunity Reconciliation SA 2975. Mrs. LINCOLN submitted an SA 2995. Mr. HATCH submitted an amend- Act of 1996) and who are otherwise eligible amendment intended to be proposed by her ment intended to be proposed by him to the for such assistance, within any of the fol- to the bill H.R. 4, supra; which was ordered bill H.R. 4, supra; which was ordered to lie on lowing eligibility categories: to lie on the table. the table. ‘‘(i) PREGNANT WOMEN.—Women during SA 2976. Mrs. BOXER submitted an amend- SA 2996. Mr. GRASSLEY submitted an pregnancy (and during the 60-day period be- ment intended to be proposed by her to the amendment intended to be proposed by him ginning on the last day of the pregnancy). bill H.R. 4, supra; which was ordered to lie on to the bill H.R. 4, supra; which was ordered ‘‘(ii) CHILDREN.—Children (as defined under the table. to lie on the table. such plan), including optional targeted low- SA 2977. Ms. STABENOW submitted an SA 2997. Mr. SANTORUM submitted an income children described in section amendment intended to be proposed by her amendment intended to be proposed by him 1905(u)(2)(B). to the bill H.R. 4, supra; which was ordered to the bill H.R. 4, supra; which was ordered ‘‘(B)(i) In the case of a State that has to lie on the table. to lie on the table. elected to provide medical assistance to a SA 2978. Ms. LANDRIEU submitted an SA 2998. Mr. ENSIGN submitted an amend- category of aliens under subparagraph (A), amendment intended to be proposed by her ment intended to be proposed by him to the no debt shall accrue under an affidavit of to the bill H.R. 4, supra; which was ordered bill H.R. 4, supra; which was ordered to lie on support against any sponsor of such an alien to lie on the table. the table. on the basis of provision of assistance to SA 2979. Mr. HARKIN submitted an amend- SA 2999. Mr. KYL submitted an amend- such category and the cost of such assistance ment intended to be proposed by him to the ment intended to be proposed by him to the shall not be considered as an unreimbursed bill H.R. 4, supra; which was ordered to lie on bill H.R. 4, supra; which was ordered to lie on cost. the table. the table. ‘‘(ii) The provisions of sections 401(a), SA 2980. Mr. ALEXANDER (for himself, SA 3000. Mr. KYL submitted an amend- 402(b), 403, and 421 of the Personal Responsi- Mr. VOINOVICH, Mr. NELSON, of Nebraska, and ment intended to be proposed by him to the bility and Work Opportunity Reconciliation

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Act of 1996 shall not apply to a State that this part, good cause exemptions modifica- ‘‘(B) DEFINITIONS.—In this part: makes an election under subparagraph (A). tion and waiver of program requirements on ‘‘(i) DOMESTIC OR SEXUAL VIOLENCE.—The ‘‘(C) For purposes of subparagraph (A), the the basis of domestic or sexual violence, ben- term ‘domestic or sexual violence’ has the period described in this subparagraph is the efits eligibility for immigrant victims of do- meaning given the term ‘battered or sub- period that begins on October 1, 2004, and mestic or sexual violence, and the proce- jected to extreme cruelty’ in section ends on September 30, 2009.’’. dures to obtain such modifications, waivers, 408(a)(7)(C)(iii). (b) TITLE XXI.—Section 2107(e)(1) (42 U.S.C. benefits, and services; ‘‘(ii) QUALIFIED PROFESSIONAL.—The term 1397gg(e)(1)) is amended by adding at the end ‘‘(III) refer individuals who are or have ‘qualified professional’ includes a State or the following: been subjected to domestic or sexual vio- local organization with recognized expertise ‘‘(E) Section 1903(v)(4) (relating to optional lence or are at risk of future such violence to in the dynamics of domestic or sexual vio- coverage of permanent resident alien chil- community-based domestic or sexual violence who has as one of its primary purposes dren), but only if the State has elected to lence programs or other supportive services, to provide services to victims of domestic or apply such section to that category of chil- modify or waive eligibility or program re- sexual violence, such as a sexual assault cri- dren under title XIX and only with respect to quirements or prohibitions to address domes- sis center or domestic or sexual violence pro- the period described in subparagraph (C) of tic or sexual violence barriers, and ensure gram, or an individual trained by such an or- that section.’’. such individual’s access to job training, vo- ganization.’’. (c) EXTENSION OF CONVEYANCE/PASSENGER cational rehabilitation, child care, and other (b) ASSESSMENT.—Section 408(b) (42 U.S.C. CUSTOMS USER FEES.—Section 13031(j)(3)(A) employment-related services as appropriate; 608(b)), as amended by section 110(a)(2)(A), is of the Consolidated Omnibus Budget Rec- ‘‘(IV) implement procedures to maintain amended— onciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is the privacy and confidentiality of applicants (1) in paragraph (1)(A), in the matter pre- amended to read as follows: and recipients identified as being or having ceding clause (i), by striking ‘‘and employ- ‘‘(3)(A) Fees may not be charged under been subjected to domestic or sexual vio- ability’’ and inserting ‘‘employability, and paragraphs (1) through (8) of subsection (a) lence and restrict the disclosure of any iden- potential barriers, including domestic or sex- after September 30, 2009.’’. tifying information obtained through any ual violence, mental or physical health, process or procedure implemented pursuant learning disability, substance abuse, English SA 2957. Mr. LEVIN (for himself, Mr. to this paragraph absent the individual’s as a second language, child care needs, insuf- JEFFORDS, Mr. ROCKEFELLER, Ms. STA- written consent or unless otherwise required ficient housing, or transportation’’; and BENOW, Mr. DURBIN, Mr. CARPER, and to do so under law; (2) in paragraph (2)(A)— Mr. BINGAMAN) submitted an amend- ‘‘(V) pursuant to a determination of good (A) in clause (ii), by striking ‘‘and’’ at the ment intended to be proposed by him cause, waive, without time limit, any Fed- end; and eral or State eligibility or program require- (B) by inserting after clause (iii), the fol- to the bill H.R. 4, to reauthorize and ment or prohibition for so long as necessary, lowing: improve the program of block grants to in every case in which domestic or sexual vi- ‘‘(iv) documents the individual’s receipt of States for temporary assistance for olence has been verified for any individual or adequate notice of program requirements, needy families, improve access to qual- family receiving assistance under this part confidentiality provisions, assessment and ity child care, and for other purposes; and the requirement makes it more difficult program services, and waivers available to which was ordered to lie on the table; for the individual to address, escape or re- individuals who have or may have been sub- as follows: cover from the violence, unfairly penalizes jected to domestic or sexual violence or are the individual, or makes the individual or at risk for future such violence, as well as On page 217, between lines 9 and 10, insert any child of the individual unsafe; and the process to access such services or waiv- the following: ‘‘(VI) provide policies and procedures re- ers; and (g) INCREASE IN NUMBER OF MONTHS OF VO- garding verification of past, present, or the ‘‘(v) may not require the individual to par- CATIONAL EDUCATIONAL TRAINING.—Section risk of future domestic or sexual violence ticipate in services to address domestic or 407(d)(8) (42 U.S.C. 607(d)(8)) is amended by that are flexible and not unduly burdensome, sexual violence.’’. striking ‘‘12’’ and inserting ‘‘24’’. including accepting any one of the following (c) REVIEW AND CONCILIATION PROCESS.— forms of verification: documentation from Section 408(a) (42 U.S.C. 608(a)) is amended SA 2958. Mrs. MURRAY submitted an police, court, medical or social service agen- by adding at the end the following: amendment intended to be proposed by cies, domestic or sexual violence counselors ‘‘(12) REVIEW AND CONCILIATION PROCESS FOR her to the bill H.R. 4, to reauthorize or organizations or others who have had con- FAMILIES SUBJECTED TO DOMESTIC OR SEXUAL and improve the program of block tact with the applicant or recipient, written VIOLENCE.— grants to States for temporary assist- statements from third parties knowledgeable ‘‘(A) IN GENERAL.—A State to which a ance for needy families, improve access of the individual’s circumstances, and signed grant is made under section 403 shall not im- to quality child care, and for other pur- written statements from the applicant or re- pose a sanction or penalty against an indi- cipient. poses; which was ordered to lie on the vidual under the State program funded under ‘‘(ii) Coordinate or contract with State or this part on the basis of noncompliance by table; as follows: tribal domestic or sexual violence coalitions an individual or family with a program re- At the appropriate place, insert the fol- or domestic or sexual violence programs in quirement where domestic or sexual violence lowing: the development and implementation of is a significant contributing factor in the SEC. ll. ENSURING SAFETY AND SELF-SUFFI- standards, procedures, training, and pro- noncompliance. CIENCY FOR ALL TANF RECIPIENTS. grams required under this part to address do- ‘‘(B) REQUIREMENT.—Prior to imposing a (a) ADDRESSING DOMESTIC OR SEXUAL VIO- mestic or sexual violence. sanction or penalty against an individual LENCE IN THE TANF PROGRAM.—Section ‘‘(iii) Train caseworkers for recipients of under the State program funded under this 402(a)(7) (42 U.S.C. 602(a)(7)) is amended to assistance under the State program funded part, the State shall— read as follows: under this part in— ‘‘(i) specifically consider whether the indi- ‘‘(7) CERTIFICATIONS REGARDING DOMESTIC ‘‘(I) the nature and dynamics of domestic vidual has been or is being subjected to do- OR SEXUAL VIOLENCE.— or sexual violence and the ways in which mestic or sexual violence; and ‘‘(A) GENERAL PROVISIONS.—A certification such violence may act to obstruct the eco- ‘‘(ii) if such violence is identified— by the chief executive officer of the State nomic security or safety of the individual ‘‘(I) make a reasonable effort to modify or that the State has established and is enforc- and any child of the individual; waive program requirements or prohibitions; ing standards and procedures to ensure do- ‘‘(II) the standards, policies, and proce- and mestic or sexual violence is comprehensively dures implemented pursuant to this part, in- ‘‘(II) offer the individual referral to vol- addressed, and a written document outlining cluding the individual’s rights and protec- untary services to address the violence.’’. how the State will do the following: tions, such as notice and confidentiality; (d) STATE OPTION TO INCLUDE SURVIVORS OF ‘‘(i) Address the needs of applicants or re- ‘‘(III) how to screen for, and identify when, DOMESTIC OR SEXUAL VIOLENCE IN WORK PAR- cipients or their families who are or have domestic or sexual violence creates barriers TICIPATION RATES.—Section 407(c)(6) (42 been subjected to domestic or sexual vio- to compliance, how to make effective refer- U.S.C. 607(c)(6)), as amended by section 109(f), lence or are at risk of future such violence, rals for services, and how to modify eligi- is amended by adding at the end the fol- including how the State will— bility and program requirements and prohi- lowing: ‘‘(I) have trained caseworkers identify, bitions to address domestic or sexual vio- ‘‘(G) STATE OPTION TO INCLUDE SURVIVORS and, at the option of the individual, assess lence barriers; and OF DOMESTIC OR SEXUAL VIOLENCE.—For pur- individuals who are or have been subjected ‘‘(IV) the process for determining good poses of determining monthly participation to domestic or sexual violence or are at risk cause for noncompliance with an eligibility rates under subsection (b)(1)(B)(i), a State of future such violence; or program requirement or prohibition and may deem an individual receiving services to ‘‘(II) adequately inform each individual of granting waivers of such requirements. address having been or being subjected to do- eligibility and program requirements, con- ‘‘(iv) At State option, enter into contracts mestic or sexual violence, or receiving a fidentiality provisions, domestic or sexual with or employ qualified professionals for waiver from program requirements under violence services available within the com- the provision of services in each of the fields section 402(a)(7), as being engaged in work munity and within the program funded under of domestic or sexual violence. for the month.’’.

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Mr. REID (for himself and (13) asbestos will be banned throughout the disposal of the asbestos-containing product Mrs. MURRAY) submitted an amend- European Union in 2005; in compliance with applicable Federal, ment intended to be proposed by him (14) in 2000, the World Trade Organization State, and local requirements. to the bill H.R. 4, to reauthorize and upheld the right of France to ban asbestos, ‘‘(4) DURABLE FIBER.— with the United States Trade Representative ‘‘(A) IN GENERAL.—The term ‘durable fiber’ improve the program of block grants to filing a brief in support of the right of means a silicate fiber that— States for temporary assistance for France to ban asbestos; ‘‘(i) occurs naturally in the environment; needy families, improve access to qual- (15) the 1999 brief by the United States and ity child care, and for other purposes; Trade Representative stated, ‘‘In the view of ‘‘(ii) is similar to asbestos in— which was ordered to lie on the table; the United States, chrysotile asbestos is a ‘‘(I) resistance to dissolution; as follows: toxic material that presents a serious risk to ‘‘(II) leaching; and human health.’’; ‘‘(III) other physical, chemical, or biologi- At the appropriate place, insert the fol- (16) people in the United States have been lowing: cal processes expected from contact with exposed to harmful levels of asbestos as a lung cells and other cells and fluids in the ll TITLE —BANNING ASBESTOS contaminant of other minerals; human body. (17) in the town of Libby, Montana, work- SEC. ll01. SHORT TITLE. ‘‘(B) INCLUSIONS.—The term ‘durable fiber’ This title may be cited as the ‘‘Ban Asbes- ers and residents have been exposed to dan- includes— tos in America Act of 2004’’. gerous levels of asbestos for generations be- ‘‘(i) richterite; cause of mining operations at the W.R. Grace SEC. ll02. FINDINGS. ‘‘(ii) winchite; vermiculite mine located in that town; Congress finds that— ‘‘(iii) erionite; and (18) the Agency for Toxic Substances and (1) the Administrator of the Environ- ‘‘(iv) nonasbestiform varieties of crocid- Disease Registry found that over a 20-year mental Protection Agency has classified as- olite, amosite, anthophyllite, tremolite, and period, ‘‘mortality in Libby resulting from bestos as a category A human carcinogen, actinolite. asbestosis was approximately 40 to 80 times the highest cancer hazard classification for a higher than expected. Mesothelioma mor- ‘‘(5) FIBER.—The term ‘fiber’ means an substance; tality was also elevated.’’; acicular single crystal or similarly elongated (2) there is no known safe level of exposure (19)(A) in response to this crisis, in Janu- polycrystalline aggregate particle with a to asbestos; ary 2002, the Governor of Montana requested length to width ratio of 3 to 1 or greater. (3)(A) in hearings before Congress in the that the Administrator of the Environ- ‘‘(6) PERSON.—The term ‘person’ means— early 1970s, the example of asbestos was used mental Protection Agency designate Libby ‘‘(A) any individual; to justify the need for comprehensive legisla- as a Superfund site; and ‘‘(B) any corporation, company, association on toxic substances; and (B) on October 23, 2002, the Administrator tion, firm, partnership, joint venture, sole (B) in 1976, Congress passed the Toxic Sub- placed Libby on the National Priorities List; proprietorship, or other for-profit or non- stances Control Act (15 U.S.C. 2601 et seq.); (20)(A) vermiculite from Libby was shipped profit business entity (including any manu- (4) in 1989, the Administrator promulgated for processing to 42 States; and facturer, importer, distributor, or processor); final regulations under title II of the Toxic (B) Federal agencies are investigating po- ‘‘(C) any Federal, State, or local depart- Substances Control Act (15 U.S.C. 2641 et tential harmful exposures to asbestos-con- ment, agency, or instrumentality; and seq.) to phase out asbestos in consumer prod- taminated vermiculite at sites throughout ‘‘(D) any interstate body. ucts by 1997; the United States; (5) in 1991, the United States Court of Ap- ‘‘SEC. 222. NATIONAL ACADEMY OF SCIENCES (21) the Administrator has identified 14 STUDY. peals for the 5th Circuit overturned portions sites that have dangerous levels of asbestos- of the regulations, and the Government did tainted vermiculite and require cleanup ef- ‘‘The Administrator shall enter into a con- not appeal the decision to the Supreme forts; and tract with the National Academy of Sciences Court; (22) although it is impracticable to elimi- to study and, not later than 18 months after (6) as a result, while new applications for nate exposure to asbestos entirely because the date of enactment of this subtitle, pro- asbestos were banned, asbestos is still being asbestos is a naturally occurring mineral in vide the Administrator, and other Federal used in some consumer and industrial prod- the environment and occurs in several depos- agencies, as appropriate— ucts in the United States; its throughout the United States, Congress ‘‘(1) a description of the current state of (7) the United States Geological Survey needs to do more to protect the public from the science relating to the human health ef- has determined that in 2000, companies in exposure to asbestos and Congress has the fects of exposure to asbestos and other dura- the United States consumed 15,000 metric power to prohibit the continued, intentional ble fibers; and tons of chrysotile asbestos, of which approxi- use of asbestos in consumer products. ‘‘(2) recommendations for the establish- mately 62 percent was consumed in roofing SEC. ll03. ASBESTOS-CONTAINING PRODUCTS. ment of— products, 22 percent in gaskets, 12 percent in (a) IN GENERAL.—Title II of the Toxic Sub- ‘‘(A) a uniform system for the establish- friction products, and 4 percent in other stances Control Act (15 U.S.C. 2641 et seq.) is ment of asbestos exposure standards for products; amended— workers, school children, and other popu- (8) available evidence suggests that— (1) by inserting before section 201 (15 U.S.C. lations; and (A) imports of some types of asbestos-con- 2641) the following: ‘‘(B) a uniform system for the establish- taining products may be increasing; and ‘‘Subtitle A—General Provisions’’; ment of protocols for detecting and meas- (B) some of those products are imported uring asbestos. from foreign countries in which asbestos is and (2) by adding at the end the following: poorly regulated; ‘‘SEC. 223. ASBESTOS POLICIES PANEL. (9) many people in the United States incor- ‘‘Subtitle B—Asbestos-Containing Products ‘‘(a) PANEL.— rectly believe that— ‘‘SEC. 221. DEFINITIONS. (A) asbestos has been banned in the United ‘‘In this subtitle: ‘‘(1) IN GENERAL.—The Administrator shall establish an Asbestos Policies Panel (re- States; and ‘‘(1) ASBESTOS-CONTAINING PRODUCT.—The (B) there is no risk of exposure to asbestos term ‘asbestos-containing product’ means ferred to in this section as the ‘panel’) to through the use of new commercial products; any product (including any part) to which study asbestos and other durable fibers. (10) the Department of Commerce esti- asbestos is deliberately or knowingly added ‘‘(2) MEMBERSHIP.—The panel shall be com- mates that in 2000, the United States im- or in which asbestos is deliberately or know- prised of representatives of— ported 51,483 metric tons of asbestos-cement ingly used in any concentration. ‘‘(A) the Secretary of Labor; ‘‘(B) the Secretary of Health and Human products; ‘‘(2) CONTAMINANT-ASBESTOS PRODUCT.—The (11) banning asbestos from being used in or term ‘contaminant-asbestos product’ means Services; and imported into the United States will provide any product that contains asbestos as a con- ‘‘(C) the Chairman of the Consumer Prod- certainty to manufacturers, builders, envi- taminant of any mineral or other substance, uct Safety Commission; ronmental remediation firms, workers, and in any concentration. ‘‘(D) nongovernmental environmental, public health, and consumer organizations; consumers that after a specific date, asbes- ‘‘(3) DISTRIBUTE IN COMMERCE.— ‘‘(E) industry; tos will not be added to new construction ‘‘(A) IN GENERAL.—The term ‘distribute in and manufacturing materials used in this commerce’ has the meaning given the term ‘‘(F) school officials; country; in section 3. ‘‘(G) public health officials; ‘‘(H) labor organizations; and (12) asbestos has been banned in Argentina, ‘‘(B) EXCLUSIONS.—The term ‘distribute in Australia, Austria, Belgium, Chile, Croatia, commerce’ does not include— ‘‘(I) the public. the Czech Republic, Denmark, Finland, ‘‘(i) an action taken with respect to an as- ‘‘(b) DUTIES.—The panel shall— France, Germany, Iceland, Ireland, Italy, bestos-containing product in connection ‘‘(1) provide independent advice and coun- Latvia, Luxembourg, the Netherlands, Nor- with the end use of the asbestos-containing sel to the Administrator and other Federal way, Poland, Saudi Arabia, the Slovak Re- product by a person that is an end user; or agencies on policy issues associated with the public, Spain, Sweden, Switzerland, and the ‘‘(ii) distribution of an asbestos-containing use and management of asbestos and other United Kingdom; product by a person solely for the purpose of durable fibers; and

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RESEARCH ON ASBESTOS-CAUSED the date of enactment of this subtitle, pro- trator determines that— DISEASES. vide the Administrator, other Federal agen- ‘‘(A) the exemption would not result in an ‘‘(a) IN GENERAL.—The Secretary, acting cies, and Congress recommendations con- unreasonable risk of injury to public health through the Director of NIH and the Director cerning— or the environment; and of the Centers for Disease Control and Pre- ‘‘(A) implementation of subtitle A; ‘‘(B) the person has made good faith efforts vention, shall expand, intensify, and coordi- ‘‘(B) grant programs under subtitle A; to develop, but has been unable to develop, a nate programs for the conduct and support of ‘‘(C) revisions to the national emissions substance, or identify a mineral, that— research on diseases caused by exposure to standards for hazardous air pollutants pro- ‘‘(i) does not present an unreasonable risk asbestos, particularly mesothelioma, asbes- mulgated under the Clean Air Act (42 U.S.C. of injury to public health or the environ- tosis, and pleural injuries. 7401 et seq.); ment; and ‘‘(b) ADMINISTRATION.—The Secretary shall ‘‘(D) legislative and regulatory options for ‘‘(ii) may be substituted for an asbestos- carry out this section— improving consumer and worker protections containing product. ‘‘(1) through the Director of NIH and the Director of the CDC (Centers for Disease against harmful health effects of exposure to ‘‘(2) TERMS AND CONDITIONS.—An exemption asbestos and durable fibers; granted under this subsection shall be in ef- Control and Prevention); and ‘‘(E) whether the definition of asbestos- fect for such period (not to exceed 1 year) ‘‘(2) in collaboration with the Adminis- containing material, meaning any material and subject to such terms and conditions as trator of the Agency for Toxic Substances that contains more than 1 percent asbestos the Administrator may prescribe. and Disease Registry and the head of any other agency that the Secretary determines by weight, should be modified throughout ‘‘(c) DISPOSAL.— to be appropriate. the Code of Federal Regulations; ‘‘(1) IN GENERAL.—Except as provided in ‘‘(c) MESOTHELIOMA REGISTRY.—Not later ‘‘(F) the feasibility of establishing a dura- paragraph (2), not later than 3 years after than 1 year after the date of enactment of ble fibers testing program; the date of enactment of this subtitle, each this section, the Director of the Centers for person that possesses an asbestos-containing ‘‘(G) options to improve protections Disease Control and Prevention, in coopera- product that is subject to the prohibition es- against exposure to asbestos from asbestos- tion with the Director of the National Insti- tablished under this section shall dispose of containing products and contaminant-asbes- tute for Occupational Safety and Health and the asbestos-containing product, by a means tos products in buildings; the Administrator of the Agency for Toxic that is in compliance with applicable Fed- ‘‘(H) current research on and technologies Substances and Disease Registry, shall es- eral, State, and local requirements. for disposal of asbestos-containing products tablish a mechanism by which to obtain data ‘‘(2) EXEMPTION.—Nothing in paragraph and contaminant-asbestos products; and from State cancer registries and other can- (1)— ‘‘(I) at the option of the panel, the effects cer registries, which shall form the basis for ‘‘(A) applies to an asbestos-containing on human health that may result from expo- establishing a Mesothelioma Registry. sure to ceramic, carbon, and other manmade product that— ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— fibers. ‘‘(i) is no longer in the stream of com- In addition to amounts made available for ‘‘SEC. 224. STUDY OF ASBESTOS-CONTAINING merce; or the purposes described in subsection (a) PRODUCTS AND CONTAMINANT-AS- ‘‘(ii) is in the possession of an end user; or under other law, there are authorized to be BESTOS PRODUCTS. ‘‘(B) requires that an asbestos-containing appropriated to carry out this section such ‘‘(a) IN GENERAL.—In consultation with the product described in subparagraph (A) be re- sums as are necessary for fiscal year 2004 and Secretary of Labor, the Chairman of the moved or replaced. each fiscal year thereafter. International Trade Commission, the Chair- ‘‘SEC. 226. PUBLIC EDUCATION PROGRAM. ‘‘SEC. 417E. MESOTHELIOMA RESEARCH AND man of the Consumer Product Safety Com- ‘‘(a) IN GENERAL.—Not later than 2 years TREATMENT CENTERS. mission, and the Assistant Secretary for Oc- after the date of enactment of this subtitle, ‘‘(a) IN GENERAL.—The Director of NIH cupational Safety and Health, the Adminis- and subject to subsection (c), in consultation shall provide $1,000,000 for each of fiscal trator shall conduct a study on the status of with the Chairman of the Consumer Product years 2004 through 2008 for each of up to 10 the manufacture, processing, distribution in Safety Commission and the Secretary of mesothelioma disease research and treat- commerce, ownership, importation, and dis- Labor, the Administrator shall establish a ment centers. posal of asbestos-containing products and program to increase awareness of the dan- ‘‘(b) REQUIREMENTS.—The Centers shall— contaminant-asbestos products in the United gers posed by asbestos-containing products ‘‘(1) be chosen through competitive peer re- States. and contaminant-asbestos products in homes view; ‘‘(b) ISSUES.—In conducting the study, the and workplaces. ‘‘(2) be geographically distributed through- Administrator shall examine— ‘‘(b) GREATEST RISKS.—In establishing the out the United States with special consider- ‘‘(1) how consumers, workers, and busi- program, the Administrator shall— ation given to areas of high incidence of nesses use asbestos-containing products and ‘‘(1) base the program on the results of the mesothelioma disease; contaminant-asbestos products that are en- study conducted under section 224; ‘‘(3) be closely associated with Department tering commerce as of the date of enactment ‘‘(2) give priority to asbestos-containing of Veterans Affairs medical centers to proof this subtitle; and products and contaminant-asbestos products vide research benefits and care to veterans, ‘‘(2) the extent to which consumers and used by consumers and workers that pose the who have suffered excessively from mesothe- workers are being exposed to unhealthful greatest risk of injury to human health; and lioma; levels of asbestos through exposure to prod- ‘‘(3) at the option of the Administrator on ‘‘(4) be engaged in research to provide ucts described in paragraph (1). receipt of a recommendation from the Asbes- mechanisms for detection and prevention of ‘‘(c) REPORT.—Not later than 18 months tos Policies Panel, include in the program mesothelioma, particularly in the areas of after the date of enactment of this subtitle, the conduct of projects and activities to in- pain management and cures; the Administrator shall submit to the Com- crease public awareness of the effects on ‘‘(5) be engaged in public education about mittee on Energy and Commerce of the human health that may result from exposure mesothelioma and prevention, screening, and House of Representatives and the Committee to— treatment; on Environment and Public Works of the ‘‘(A) durable fibers; and ‘‘(6) be participants in the National Meso- Senate a report on the results of the study. ‘‘(B) ceramic, carbon, and other manmade thelioma Registry; ‘‘SEC. 225. PROHIBITION ON ASBESTOS-CON- fibers. ‘‘(7) be coordinated in their research and TAINING PRODUCTS. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— treatment efforts with other Centers and in- ‘‘(a) IN GENERAL.—Subject to subsection There are authorized to be appropriated such stitutions involved in exemplary mesothe- (b), the Administrator shall promulgate— sums as are necessary to carry out this sec- lioma research; and ‘‘(1) not later than 1 year after the date of tion.’’. ‘‘(8) be focused on research and treatments enactment of this subtitle, proposed regula- (b) VERMICULITE INSULATION.—Not later tions that— than 180 days after the date of enactment of for mesothelioma that have historically been ‘‘(A) prohibit persons from manufacturing, this Act, the Administrator of the Environ- underfunded. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— processing, or distributing in commerce as- mental Protection Agency and the Consumer There is authorized to be appropriated to bestos-containing products; and Product Safety Commission shall begin a na- carry out this section $10,000,000 for each of ‘‘(B) provide for implementation of sub- tional campaign to educate consumers con- fiscal years 2004 through 2008.’’. sections (b) and (c); and cerning— SEC. ll05. CONFORMING AMENDMENTS. ‘‘(2) not later than 2 years after the date of (1) the dangers of vermiculite insulation The table of contents in section 1 of the enactment of this subtitle, final regulations that may be contaminated with asbestos; Toxic Substances Control Act (15 U.S.C. that, effective 60 days after the date of pro- and prec. 2601) is amended— mulgation, prohibit persons from manufac- (2) measures that homeowners and business (1) by inserting before the item relating to turing, processing, or distributing in com- owners can take to protect against those section 201 the following: merce asbestos-containing products. dangers. ‘‘(b) EXEMPTIONS.— SEC. ll04. ASBESTOS-CAUSED DISEASES. ‘‘Subtitle A—General Provisions’’; ‘‘(1) IN GENERAL.—Any person may petition Subpart 1 of part C of title IV of the Public and the Administrator for, and the Adminis- Health Service Act (42 U.S.C. 285 et seq.) is (2) by adding at the end of the items relat- trator may grant an exemption from the re- amended by adding at the end the following: ing to title II the following:

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‘‘Subtitle B—Asbestos-Containing Products ‘‘(I) 24-HOURS PER WEEK REQUIRED.—Subject ‘‘(cc) In the case of an adult recipient or ‘‘Sec. 221. Definitions. to subclauses (III) and (IV), for purposes of minor child head of household who has been ‘‘Sec. 222. National Academy of Sciences determining hours under subparagraph (A), a certified by a qualified medical, mental Study. State may count the total number of hours health, or social services professional (as de- ‘‘Sec. 223. Asbestos Policies Panel. any adult recipient or minor child head of fined by the State) as having a physical or ‘‘Sec. 224. Study of asbestos-containing household in a family engages in qualified mental disability, substance abuse problem, products and contaminant-as- activities described in subclause (II) as a or other problem that requires a rehabilita- bestos products. work activity described in subsection (d), tive service, substance abuse treatment, or ‘‘Sec. 225. Prohibition on asbestos-con- without regard to whether the recipient has mental health treatment, the service or taining products. satisfied the requirement of subparagraph treatment determined necessary by the pro- ‘‘Sec. 226. Public education program.’’. (B), but only if— fessional. ‘‘(aa) the total number of hours of partici- ‘‘(III) NONAPPLICATION OF LIMITATIONS ON SA 2960. Mr. TALENT submitted an pation in such qualified activities for the JOB SEARCH AND VOCATIONAL EDUCATIONAL amendment intended to be proposed by family for the month average at least 24 TRAINING.—An adult recipient or minor child him to the bill H.R. 4, to reauthorize hours per week; and head of household who is receiving qualified ‘‘(bb) engaging in such qualified activities rehabilitative services described in subclause and improve the program of block (II) may engage in a work activity described grants to States for temporary assist- is a requirement of the family self-sufficiency plan. in paragraph (6) or (8) of subsection (d) for ance for needy families, improve access purposes of satisfying the minimum 24 hour ‘‘(II) QUALIFIED ACTIVITIES DESCRIBED.—For average per week of participation require- to quality child care, and for other pur- purposes of subclause (I), qualified activities ment under subclause (I)(aa) without regard poses; which was ordered to lie on the described in this subclause are any of the fol- to any limit that otherwise applies to the ac- table; as follows: lowing: tivity (including the 30 percent limitation on ‘‘(aa) Postsecondary education. Beginning on page 194, strike line 7 and all participation in vocational educational ‘‘(bb) Adult literacy programs or activities. that follows through page 210, line 9, and in- training under paragraph (6)(C)). sert the following: ‘‘(cc) Substance abuse counseling or treat- ‘‘(iii) HOURS IN EXCESS OF AN AVERAGE OF 24 (f) DETERMINATION OF COUNTABLE HOURS ment. WORK ACTIVITY HOURS PER WEEK.—If the total ENGAGED IN WORK.— ‘‘(dd) Programs or activities designed to number of hours that any adult recipient or (1) IN GENERAL.—Section 407(c) (42 U.S.C. remove barriers to work, as defined by the minor child head of household in a family 607(c)) is amended to read as follows: State. has participated in a work activity described ‘‘(c) DETERMINATION OF COUNTABLE HOURS ‘‘(ee) Work activities authorized under any in paragraph (1), (2), (3), (4), (5), (6), (7), (8), or ENGAGED IN WORK.— waiver for any State that was continued (12) of subsection (d) averages at least 24 ‘‘(1) SINGLE PARENT OR RELATIVE WITH A under section 415 before the date of enact- hours per week in a month, a State, for pur- CHILD OVER AGE 6.— ment of the Personal Responsibility and In- poses of determining hours under subpara- ‘‘(A) MINIMUM AVERAGE NUMBER OF HOURS dividual Development for Everyone Act. graph (A), may count any hours an adult re- PER WEEK.—Subject to the succeeding para- ‘‘(III) LIMITATION.—Except as provided in cipient or minor child head of household in graphs of this subsection, a family in which clause (ii), subclause (I) shall not apply to a the family engages in— an adult recipient or minor child head of family for more than 3 months in any period ‘‘(I) any work activity described in sub- household in the family is participating in of 24 consecutive months. section (d), without regard to any limit that work activities described in subsection (d) ‘‘(IV) CERTAIN ACTIVITIES.—The Secretary otherwise applies to the activity (including shall be treated as engaged in work for pur- may allow a State to count the total hours the 30 percent limitation on participation in poses of determining monthly participation of participation in qualified activities de- vocational educational training under para- rates under subsection (b)(1)(B)(i) as follows: scribed in subclause (II) for an adult recipi- graph (6)(C)); and ‘‘(i) In the case of a family in which the ent or minor child head of household without ‘‘(II) any qualified activity described in total number of hours in which any adult re- regard to the minimum 24 hour average per clause (i)(II), as a work activity described in cipient or minor child head of household in week of participation requirement under subsection (d). the family is participating in such work ac- subclause (I) if the State has demonstrated ‘‘(2) SINGLE PARENT OR RELATIVE WITH A tivities for an average of at least 20, but less conclusively that such activity is part of a CHILD UNDER AGE 6.— than 25, hours per week in a month, as 0.675 substantial and supervised program whose ‘‘(A) IN GENERAL.—A family in which an of a family. effectiveness in moving families to self-suffi- adult recipient or minor child head of house- ‘‘(ii) In the case of a family in which the ciency is superior to any alternative activity hold in the family is the only parent or care- total number of hours in which any adult re- and the effectiveness of the program in mov- taker relative in the family of a child who cipient or minor child head of household in ing families to self-sufficiency would be sub- has not attained 6 years of age and who is the family is participating in such work ac- stantially impaired if participating individ- participating in work activities described in tivities for an average of at least 25, but less uals participated in additional, concurrent subsection (d) shall be treated as engaged in than 33, hours per week in a month, as 0.75 of qualified activities that enabled the individ- work for purposes of determining monthly a family. uals to achieve an average of at least 24 participation rates under subsection ‘‘(iii) In the case of a family in which the hours per week of participation. (b)(1)(B)(i) as follows: total number of hours in which any adult re- ‘‘(ii) ADDITIONAL 3-MONTH PERIOD PER- ‘‘(i) In the case of such a family in which cipient or minor child head of household in MITTED FOR CERTAIN ACTIVITIES.— the total number of hours in which the adult the family is participating in such work ac- ‘‘(I) SELF-SUFFICIENCY PLAN REQUIREMENT recipient or minor child head of household in tivities for an average of at least 33, but less COMBINED WITH MINIMUM NUMBER OF HOURS.— the family is participating in such work ac- than 40, hours per week in a month, as 0.875 A State may extend the 3-month period tivities for an average of at least 20, but less of a family. under clause (i) for an additional 3 months in than 24, hours per week in a month, as 0.675 ‘‘(iv) In the case of a family in which the the same period of 24 consecutive months in of a family. total number of hours in which any adult re- the case of an adult recipient or minor child ‘‘(ii) In the case of such a family in which cipient or minor child head of household in head of household who is receiving qualified the total number of hours in which the adult the family is participating in such work ac- rehabilitative services described in subclause recipient or minor child head of household in tivities for an average of at least 40 hours (II) if— the family is participating in such work ac- per week in a month, as 1 family. ‘‘(aa) the total number of hours that the tivities for an average of at least 24 hours ‘‘(B) DIRECT WORK ACTIVITIES REQUIRED FOR adult recipient or minor child head of house- per week in a month, as 1 family. AN AVERAGE OF 24 HOURS PER WEEK.—Except hold engages in such qualified rehabilitative ‘‘(B) APPLICATION OF RULES REGARDING DI- as provided in subparagraph (C)(i), a State services and, subject to subclause (III), a RECT WORK ACTIVITIES AND STATE FLEXIBILITY may not count any hours of participation in work activity described in paragraph (1), (2), TO COUNT PARTICIPATION IN CERTAIN ACTIVI- work activities specified in paragraph (9), (3), (4), (5), (6), (7), (8), or (12) of subsection (d) TIES.—Subparagraphs (B) and (C) of para- (10), or (11) of subsection (d) of any adult re- for the month average at least 24 hours per graph (1) apply to a family described in sub- cipient or minor child head of household in a week; and paragraph (A) in the same manner as such family before the total number of hours of ‘‘(bb) engaging in such qualified rehabilita- subparagraphs apply to a family described in participation by any adult recipient or tive services is a requirement of the family paragraph (1)(A). minor child head of household in the family self-sufficiency plan. ‘‘(3) 2-PARENT FAMILIES.— in work activities described in paragraph (1), ‘‘(II) QUALIFIED REHABILITATIVE SERVICES ‘‘(A) IN GENERAL.—Subject to paragraph (2), (3), (4), (5), (6), (7), (8), or (12) of sub- DESCRIBED.—For purposes of subclause (I), (6)(A), a 2-parent family in which an adult section (d) for the family for the month aver- qualified rehabilitative services described in recipient or minor child head of household in ages at least 24 hours per week. this subclause are any of the following: the family is participating in work activities ‘‘(C) STATE FLEXIBILITY TO COUNT PARTICI- ‘‘(aa) Adult literacy programs or activities. described in subsection (d) shall be treated as PATION IN CERTAIN ACTIVITIES.— ‘‘(bb) Participation in a program designed engaged in work for purposes of determining ‘‘(i) QUALIFIED ACTIVITIES FOR 3-MONTHS IN to increase proficiency in the English lan- monthly participation rates under sub- ANY 24-MONTH PERIOD.— guage. section (b)(1)(B)(i) as follows:

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‘‘(i) In the case of such a family in which Beginning on page 184, strike line 6 and all (b) TRIBAL TANF IMPROVEMENT FUND.— the total number of hours in which any adult that follows through line 4 on page 185, and (1) TRIBAL TANF IMPROVEMENT GRANTS.— recipient or minor child head of household in insert the following: (A) IN GENERAL.—Section 412(a) (42 U.S.C. the family is participating in such work ac- (c) MINIMUM PARTICIPATION RATE FLOOR.— 612(a)) is amended by striking paragraph (2) tivities for an average of at least 26, but less Section 407(a), as amended by subsection (b), and inserting the following: than 30, hours per week in a month, as 0.675 is amended by adding at the end, the fol- ‘‘(2) TRIBAL TANF IMPROVEMENT GRANTS.— of a family. lowing: ‘‘(A) TRIBAL CAPACITY GRANTS.— ‘‘(ii) In the case of such a family in which ‘‘(2) MINIMUM PARTICIPATION RATE FLOOR.— ‘‘(i) IN GENERAL.—Of the amount appro- the total number of hours in which any adult ‘‘(A) IN GENERAL.—Notwithstanding any priated under subparagraph (D) for the pe- recipient or minor child head of household in other provision of this part, a State to which riod of fiscal years 2005 through 2009, the family is participating in such work ac- a grant is made under section 403 for a fiscal $185,000,000 of such amount shall be used by tivities for an average of at least 30, but less year shall achieve a minimum participation the Secretary to award grants for tribal than 33, hours per week in a month, as 0.75 of rate floor under the State program funded human services program infrastructure im- a family. under this part that is not less than— provement (as defined in clause (v)) to— ‘‘(iii) In the case of such a family in which ‘‘(i) 10 percent for fiscal year 2004; ‘‘(I) Indian tribes that have applied for ap- the total number of hours in which any adult ‘‘(ii) 20 percent for fiscal year 2005; proval of a tribal family assistance plan and recipient or minor child head of household in ‘‘(iii) 30 percent for fiscal year 2006; that meet the requirements of clause (ii)(I); the family is participating in such work ac- ‘‘(iv) 40 percent for fiscal year 2007; and ‘‘(II) Indian tribes with an approved tribal tivities for an average of at least 33, but less ‘‘(v) 55 percent for fiscal year 2008 and each family assistance plan and that meet the re- than 40, hours per week in a month, as 0.875 succeeding year. quirements of clause (ii)(II); and of a family. ‘‘(B) CALCULATION OF PARTICIPATION RATES ‘‘(III) Indian tribes that have applied for ‘‘(iv) In the case of such a family in which FOR PURPOSES OF DETERMINING THE MINIMUM approval of a foster care and adoption assist- the total number of hours in which any adult PARTICIPATION RATE FLOOR.—The minimum ance program under section 479B or that plan recipient or minor child head of household in participation rate floor of a State for a fiscal to enter into, or have in place, a tribal-State the family is participating in such work ac- year shall be calculated according to sub- cooperative agreement under section 479B(c) tivities for an average of at least 40 hours section (b) except that— and that meet the requirements of clause per week in a month, as 1 family. ‘‘(i) the minimum participation rate floor (ii)(III). ‘‘(B) APPLICATION OF RULES REGARDING DI- for a State shall not be reduced by an em- ‘‘(ii) PRIORITIES FOR AWARDING OF RECT WORK ACTIVITIES AND STATE FLEXIBILITY ployment credit under subsection (b)(2) or a GRANTS.—The Secretary shall give priority TO COUNT PARTICIPATION IN CERTAIN ACTIVI- caseload reduction credit under subsection in awarding grants under this subparagraph as follows: TIES.—Subparagraphs (B) and (C) of para- (b)(3) (in the case of a State that has opted graph (1) apply to a 2-parent family described to phase-in replacement of that credit under ‘‘(I) First, for grants to Indian tribes that in subparagraph (A) in the same manner as section 109(d)(3)(B) of the Personal Responsi- have applied for approval of a tribal family such subparagraphs apply to a family de- bility and Individual Development for Every- assistance plan, that have not operated such scribed in paragraph (1)(A), except that sub- one Act); and a plan as of the date of enactment of the Per- sonal Responsibility and Individual Develop- paragraph (B) of paragraph (1) shall be ap- ‘‘(ii) the options to exempt families for ment for Everyone Act that will have such plied to a such a 2-parent family by sub- purposes of the determining monthly partici- plan approved, and that include in the plan stituting ‘34’ for ‘24’ each place it appears. pation rates provided in paragraph (4) shall submission provisions for tribal human serv- ‘‘(4) 2-PARENT FAMILIES THAT RECEIVE FED- not apply. ices program infrastructure improvement (as ERALLY FUNDED CHILD CARE.— ‘‘(C) DEFINITION OF ASSISTANCE.—For pur- so defined) and related management infor- ‘‘(A) IN GENERAL.—Subject to paragraph poses of calculating the minimum participa- mation systems training. (6)(A), if a 2-parent family receives federally tion rate floor under this paragraph, the ‘‘(II) Second, for Indian tribes with an ap- funded child care assistance, an adult recipi- term ‘assistance’ means assistance to a fam- proved tribal family assistance plan that are ent or minor child head of household in the ily that— not described in subclause (I) and that sub- family participating in work activities de- ‘‘(i) meets the definition of that term in mit an addendum to such plan that includes scribed in subsection (d) shall be treated as section 419; and ‘‘(ii) is provided— provisions for tribal human services program engaged in work for purposes of determining infrastructure improvement that includes monthly participation rates under sub- ‘‘(I) under the State program funded under this part; or implementing or improving management in- section (b)(1)(B)(i) as follows: formation systems of the tribe (including ‘‘(II) under a program funded with qualified ‘‘(i) In the case of such a family in which management information systems training), State expenditures (as defined in section the total number of hours in which any adult as such systems relate to the operation of 409(a)(7)(B)(i)). recipient or minor child head of household in the tribal family assistance plan. ‘‘(D) NO WORK REQUIREMENT IMPOSED FOR the family is participating in such work ac- ‘‘(III) Third, for Indian tribes that have ap- FAMILIES WITH AN INFANT.—Nothing in this tivities for an average of at least 40, but less plied for approval of a foster care and adop- paragraph shall be construed as requiring a than 45, hours per week in a month, as 0.675 tion assistance program under section 479B State to require a family in which the of a family. or that plan to enter into, or have in place, youngest child has not attained 12 months of ‘‘(ii) In the case of such a family in which a tribal-State cooperative agreement under age to engage in work or other activities. the total number of hours in which any adult section 479B(c) and that include in the plan On page 194, line 23, insert ‘‘and the min- recipient or minor child head of household in submission under section 471 (or in an adden- imum participation rate floor under sub- the family is participating in such work ac- dum to such plan) provisions for tribal tivities for an average of at least 45, but less section (a)(2)’’ after ‘‘(b)(1)(B)(i)’’. On page 225, line 10, insert ‘‘paragraph (1) human services program infrastructure im- than 51, hours per week in a month, as 0.75 of provement (as so defined) and related man- a family. or (2) of’’ after ‘‘section’’. On page 225, line 17, insert ‘‘paragraph (1) agement information systems training. ‘‘(iii) In the case of such a family in which or (2) of’’ after ‘‘section’’. ‘‘(iii) OTHER REQUIREMENTS FOR AWARDING the total number of hours in which any adult GRANTS.—In awarding grants under this sub- recipient or minor child head of household in SA 2962. Mr. CAMPBELL submitted paragraph, the Secretary— the family is participating in such work ac- an amendment intended to be proposed ‘‘(I) may not award an Indian tribe more tivities for an average of at least 51, but less by him to the bill H.R. 4, to reauthor- than 1 grant under this subparagraph per fis- than 55, hours per week in a month, as 0.875 cal year; and of a family. ize and improve the program of block grants to States for temporary assist- ‘‘(II) shall award grants in such a manner ‘‘(iv) In the case of such a family in which as to maximize the number of Indian tribes the total number of hours in which any adult ance for needy families, improve access that receive grants under this subparagraph. recipient or minor child head of household in to quality child care, and for other pur- ‘‘(iv) APPLICATION.—An Indian tribe desir- the family is participating in such work ac- poses; which was ordered to lie on the ing a grant under this subparagraph shall tivities for an average of at least 55 hours table; as follows: submit an application to the Secretary, at per week in a month, as 1 family. Beginning on page 236, strike line 21 and such time, in such manner, and containing all that follows through page 239, line 8, and such information as the Secretary may re- SA 2961. Mr. TALENT submitted an insert the following: quire. amendment intended to be proposed by SEC. 113. DIRECT FUNDING AND ADMINISTRA- ‘‘(v) DEFINITION OF HUMAN SERVICES PRO- him to the bill H.R. 4, to reauthorize TION BY INDIAN TRIBES. GRAM INFRASTRUCTURE IMPROVEMENT.—In and improve the program of block (a) REAUTHORIZATION OF TRIBAL FAMILY AS- this subparagraph, the term ‘human services grants to States for temporary assist- SISTANCE GRANTS.—Section 412(a)(1)(A) (42 program infrastructure improvement’ in- U.S.C. 612(a)(1)(A)), as amended by section cludes (but is not limited to) improvement of ance for needy families, improve access 3(h) of the Welfare Reform Extension Act of management information systems, manage- to quality child care, and for other pur- 2003, is amended by striking ‘‘1997, 1998, 1999, ment information systems-related training, poses; which was ordered to lie on the 2000, 2001, 2002, and 2003’’ and inserting ‘‘2005 equipping offices, and renovating, but not table; as follows: through 2009’’. constructing, buildings, as described in an

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application for a grant under this subpara- capacity of Indian tribes to operate tribal (c) HIGH JOBLESSNESS ON NATIVE LANDS.— graph, and subject to approval by the Sec- family assistance plans under this part. Section 408(a)(7)(D) (42 U.S.C. 608(a)(7)(D)) is retary. ‘‘(E) APPROPRIATION.—Out of any money in amended— ‘‘(B) ADJUSTED TRIBAL TANF GRANTS FOR IN- the Treasury of the United States not other- (1) in the subparagraph heading, by strik- CREASED CASELOADS.— wise appropriated, there are appropriated ing ‘‘BY ADULT’’ and all that follows through ‘‘(i) IN GENERAL.—Of the amount appro- $500,000,000 for the period of fiscal years 2005 ‘‘UNEMPLOYMENT’’ and inserting ‘‘IN AREAS OF priated under subparagraph (E) for the pe- through 2009 to carry out this paragraph. INDIAN COUNTRY OR AN ALASKAN NATIVE VIL- riod of fiscal years 2005 through 2009, Amounts appropriated under this subpara- LAGE WITH HIGH JOBLESSNESS’’; $140,000,000 of such amount shall be used by graph shall remain available until ex- (2) by striking clause (i) and inserting the the Secretary to make supplemental grants pended.’’. following: for each of fiscal years 2005 through 2009 to (B) CONFORMING AMENDMENT.—Section ‘‘(i) IN GENERAL.—Subject to clause (ii), in each Indian tribe that— 405(a) (42 U.S.C. 605(a)) is amended by strik- determining the number of months for which ‘‘(I) has an approved tribal family assisting ‘‘section 403’’ and inserting ‘‘sections 403 an adult has received assistance under a ance plan; and and 412(a)(2)(C)’’. State or tribal program funded under this ‘‘(II) demonstrates that the number of In- (2) ELIGIBILITY FOR BONUS TO REWARD EM- part, the State or tribe shall disregard any dian families receiving cash assistance under PLOYMENT ACHIEVEMENT; CONTINGENCY month during which the adult lived in Indian the tribal family assistance plan as of the FUND.— country or an Alaskan Native village if the first quarter of the third year of the oper- (A) BONUS TO REWARD EMPLOYMENT most reliable data available (or such other ation of such plan has increased by at least ACHIEVEMENT.—Section 403(a)(4)(G) (42 U.S.C. data submitted by a State or tribal program 20 percent over such number for the first 603(a)(4)(G)), as amended by section 105, is as the Secretary may approve) with respect quarter of the first year of the operation of amended to read as follows: to the month (or a period including the such plan. ‘‘(G) RESERVATION OF FUNDS FOR DISTRIBU- month) indicate that at least 20 percent of ‘‘(ii) ALLOCATION OF FUNDS.—The Sec- TION TO INDIAN TRIBES.— the adult recipients who were living in In- retary, in consultation with Indian tribes ‘‘(i) IN GENERAL.—Of the amount available dian country or in the village were jobless.’’; with approved tribal family assistance plans, for grants under this paragraph for a bonus (3) by redesignating clause (ii) as clause shall determine a formula for the allocation year, the Secretary shall reserve an amount (iii); and of $35,000,000 of the funds described in clause equal to 3 percent of such amount to make (4) by inserting after clause (i), the fol- (i) for each fiscal year described in that grants pursuant to this subparagraph to each lowing: clause in a manner that is proportionate to Indian tribe with an approved tribal family ‘‘(ii) REQUIREMENT.—A month may only be the size, service population, and percentage assistance plan that is a high performing In- disregarded under clause (i) with respect to increase in the number of Indian families dian tribe for that bonus year. an adult recipient described in that clause if served by each Indian tribe eligible for an ad- ‘‘(ii) CRITERIA FOR DETERMINING TRIBAL the adult is in compliance with program re- justed grant under this subparagraph for PERFORMANCE.— quirements.’’. that fiscal year. If the amount available for ‘‘(I) IN GENERAL.—Subject to subclause (II), (d) NATIVE FOSTER CARE; ADOPTION ASSIST- allocation for a fiscal year is less than the the Secretary, in consultation with Indian ANCE.— total amount of funds requested for alloca- tribes with approved tribal family assistance (1) CHILDREN PLACED IN TRIBAL CUSTODY EL- tion among the Indian tribes for that fiscal plans located throughout the United States, IGIBLE FOR FOSTER CARE FUNDING.—Section year, the Secretary shall allocate the funds shall determine the criteria for determining 472(a)(2) (42 U.S.C. 672(a)(2)) is amended— among such tribes on a pro rata basis. which such tribes are high performing Indian (A) by striking ‘‘or (B)’’ and inserting ‘‘(C) MAINTENANCE OF EFFORT PAYMENTS.— tribes with respect to a bonus year. ‘‘(B)’’; and ‘‘(i) IN GENERAL.—Subject to clause (ii), of ‘‘(II) INCLUSION OF CERTAIN FACTORS.—Such (B) by inserting before the semicolon the the amount appropriated under subpara- criteria shall include factors related to the following: ‘‘, or (C) an Indian tribe or tribal graph (E), $40,000,000 of such amount for each employment of recipients of assistance under organization (as defined in section 479B(e)) of fiscal years 2005 through 2009 shall be used a tribal family assistance plan and to mov- or an intertribal consortium if the Indian by the Secretary to pay a State an amount ing such recipients to self-sufficiency.’’. tribe, tribal organization, or consortium is equal to 50 percent of the total amount of (B) ELIGIBILITY FOR CONTINGENCY FUND.— not operating a program pursuant to section qualified State expenditures (as defined in Section 403(b)(1) (42 U.S.C. 603(b)(3)), as 479B and (i) has a cooperative agreement section 409(a)(7)(B)(i)) incurred by the State amended by section 106(a)(1), is amended— with a State pursuant to section 479B(c) or for each such fiscal year for support of tribal (i) in subparagraph (A), by striking ‘‘sub- (ii) submits to the Secretary a description of family assistance plans. paragraph (C)’’ and inserting ‘‘subparagraphs the arrangements (jointly developed or de- ‘‘(ii) PRO RATA REDUCTIONS.—If the amount (C) and (D)’’; veloped in consultation with the State) made available for making payments under clause (ii) by redesignating subparagraphs (D) and by the Indian tribe, tribal organization, or (i) for a fiscal year is less than the total (E) as subparagraphs (E) and (F), respec- consortium for the payment of funds and the amount of payments otherwise required to tively; and provision of the child welfare services and be made under clause (i) for the fiscal year, (iii) by inserting after subparagraph (C), protections required by this title’’. then the amount otherwise payable to any the following: (2) PROGRAMS OPERATED BY INDIAN TRIBAL State for the fiscal year under clause (i) ‘‘(D) INCREASED ECONOMIC HARDSHIP PAY- ORGANIZATIONS.—Part E of title IV (42 U.S.C. shall be reduced by a percentage equal to the MENTS TO INDIAN TRIBES.— 670 et seq.) is amended by adding at the end amount available divided by the total ‘‘(i) IN GENERAL.—Of the total amount ap- the following: amount of payments required for that fiscal propriated pursuant to paragraph (2), ‘‘SEC. 479B. PROGRAMS OPERATED BY INDIAN year. $50,000,000 of such amount shall be reserved TRIBAL ORGANIZATIONS. ‘‘(D) TECHNICAL ASSISTANCE FOR INDIAN for making payments to Indian tribes with ‘‘(a) APPLICATION.—Except as provided in TRIBES.— approved tribal family assistance plans that subsection (b), this part shall apply to an In- ‘‘(i) IN GENERAL.—Of the amount appro- are operating in situations of increased eco- dian tribe or tribal organization that elects priated under subparagraph (E) for the pe- nomic hardship. to operate a program under this part in the riod of fiscal years 2005 through 2009, ‘‘(ii) DETERMINATION OF CRITERIA FOR TRIB- same manner as this part applies to a State. $15,000,000 shall be used by the Secretary to AL ACCESS.— ‘‘(b) MODIFICATION OF PLAN REQUIRE- provide technical assistance to Indian ‘‘(I) IN GENERAL.—Subject to subclause (II), MENTS.— tribes— the Secretary, in consultation with Indian ‘‘(1) IN GENERAL.—In the case of an Indian ‘‘(I) considering applying for or carrying tribes with approved tribal family assistance tribe or tribal organization submitting a out a grant made under this paragraph; plans, shall determine the criteria for access plan for approval under section 471, the plan ‘‘(II) considering applying for or carrying by Indian tribes to the amount reserved shall— out a tribal family assistance plan under this under clause (i). ‘‘(A) in lieu of the requirement of section section; or ‘‘(II) INCLUSION OF CERTAIN FACTORS.—Such 471(a)(3), identify the service area or areas ‘‘(III) related to best practices and ap- criteria shall include factors related to in- and population to be served by the Indian proaches for State and tribal coordination on creases in unemployment, loss of employers, tribe or tribal organization; and the transfer of the administration of social and loss of qualified State expenditures (as ‘‘(B) in lieu of the requirement of section services programs to Indian tribes. defined in section 409(a)(7)(B)(i)) in support 471(a)(10), provide for the approval of foster ‘‘(ii) RESERVATION OF FUNDS.—Not less of tribal family assistance plans. homes pursuant to tribal standards and in a than— ‘‘(iii) APPLICATION OF REQUIREMENTS FOR manner that ensures the safety of, and ac- ‘‘(I) $5,000,000 of the amount described in PAYMENTS TO STATES.—The Secretary, in countability for, children placed in foster clause (i) shall be used by the Secretary to consultation with Indian tribes with ap- care. support through grants or contracts peer- proved tribal family assistance plans located ‘‘(2) DETERMINATION OF FEDERAL SHARE.— learning programs among tribal administra- throughout the United States, shall deter- ‘‘(A) PER CAPITA INCOME.— tors; and mine the extent to which requirements of ‘‘(i) IN GENERAL.—For purposes of deter- ‘‘(II) $5,000,000 of such amount shall be used States for payments from the Fund shall mining the Federal medical assistance per- by the Secretary for making grants to Indian apply to Indian tribes receiving payments centage applicable to an Indian tribe or trib- tribes to conduct feasibility studies of the under this subparagraph.’’. al organization under paragraphs (1) and (2)

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of section 474(a), the calculation of an Indian ‘‘(i) APPLICATION OF INDIAN EMPLOYMENT, (C) APPROPRIATIONS.—Out of any money in tribe’s or tribal organization’s per capita in- TRAINING AND RELATED SERVICES DEM- the Treasury of the United States not other- come shall be based upon the service popu- ONSTRATION ACT OF 1992.—Notwithstanding wise appropriated, there are appropriated for lation of the Indian tribe or tribal organiza- any other provision of law, if an Indian tribe each of fiscal years 2005 through 2009— tion as defined in its plan in accordance with elects to incorporate the services it provides (i) $5,000,000 to the Diagnostic Fund; and paragraph (1)(A). using funds made available under this part (ii) $5,000,000 to the Economic Fund. ‘‘(ii) CONSIDERATION OF OTHER INFORMA- into a plan under section 6 of the Indian Em- (2) TAX-EXEMPT BOND FINANCE AUTHORITY.— TION.—An Indian tribe or tribal organization ployment, Training and Related Services (A) IN GENERAL.—Paragraph (1) of section may submit to the Secretary such informa- Demonstration Act of 1992 (25 U.S.C. 3405), 7871(c) (relating to Indian tribal governments tion as the Indian tribe or tribal organiza- the programs authorized to be conducted treated as States for certain purposes) is tion considers relevant to the calculation of with such funds shall be— amended to read as follows: the per capita income of the Indian tribe or ‘‘(1) considered to be programs subject to ‘‘(1) IN GENERAL.—Subsection (a) of section tribal organization, and the Secretary shall section 5 of the Indian Employment, Train- 103 shall apply to any obligation issued by an consider such information before making the ing and Related Services Demonstration Act Indian tribal government (or subdivision calculation. of 1992 (25 U.S.C. 3404); and thereof) only if— ‘‘(B) ADMINISTRATIVE EXPENDITURES.—The ‘‘(2) subject to the single plan and single ‘‘(A) such obligation— Secretary shall, by regulation, determine the budget requirements of section 6 of that Act ‘‘(i) is part of an issue 95 percent or more proportions to be paid to Indian tribes and (25 U.S.C. 3505) and the single report format of the net proceeds of which are to be used to tribal organizations pursuant to section required under section 11 of that Act (25 finance any facility located on an Indian res- 474(a)(3), except that in no case shall an In- U.S.C. 3410).’’. ervation, and dian tribe or tribal organization receive a (f) JOB CREATION ON NATIVE LANDS.— ‘‘(ii) is issued before January 1, 2014, or lesser proportion than the corresponding (1) DIAGNOSTIC AND DEVELOPMENT FUNDS.— ‘‘(B) such obligation is part of an issue sub- amount specified for a State in that section. (A) ECONOMIC DIAGNOSTIC STUDIES.— stantially all of the proceeds of which are to ‘‘(C) SOURCES OF NON-FEDERAL SHARE.—An (i) ESTABLISHMENT.—There is established be used in the exercise of any essential gov- Indian tribe or tribal organization may use within the Administration for Native Ameri- ernmental function.’’. Federal or State funds to match payments cans within the Department of Health and (B) SPECIAL RULES AND DEFINITIONS.—Sub- for which the Indian tribe or tribal organiza- Human Services, a fund to be known as the section (c) of section 7871 is amended by in- tion is eligible under section 474. ‘‘Native American Economies Diagnostic serting at the end the following new para- ‘‘(3) MODIFICATION OF OTHER REQUIRE- Studies Fund’’ (referred to in this paragraph graph: MENTS.—Upon the request of an Indian tribe, as the ‘‘Diagnostic Fund’’), to be used to ‘‘(4) SPECIAL RULES AND DEFINITIONS.— tribal organization, or a consortia of tribes strengthen Indian tribal economies by sup- ‘‘(A) EXCLUSION OF GAMING.—An obligation or tribal organizations, the Secretary may porting investment policy reforms and tech- described in subparagraph (A) or (B) of para- modify any requirement under this part if, nical assistance to eligible Indian tribes. graph (1) may not be used to finance any por- after consulting with the Indian tribe, tribal (ii) USE OF AMOUNTS FROM DIAGNOSTIC tion of a building in which class II or III organization, or consortia of tribes or tribal FUND.— gaming (as defined in section 4 of the Indian organizations, the Secretary determines that (I) IN GENERAL.—An Indian tribe may Gaming Regulatory Act (25 U.S.C. 2702)) is modification of the requirement would ad- amounts in the Diagnostic Fund to establish conducted or housed. vance the best interests and the safety of an interdisciplinary mechanism by which the ‘‘(B) INDIAN RESERVATION.—For purposes of children served by the Indian tribe, tribal or- tribe may— this subsection, the term ‘Indian reserva- ganization, or consortia of tribes or tribal (aa) conduct diagnostic studies of the tion’ means— organizations. tribe’s economy; and ‘‘(i) a reservation, as defined in section ‘‘(4) CONSORTIUM.—The participating In- (bb) provide for reforms in the policy, 4(10) of the Indian Child Welfare Act of 1978 dian tribes or tribal organizations of an legal, regulatory, and investment areas and (25 U.S.C. 1903(10)), and intertribal consortium may develop and sub- general economic environment of the tribe. ‘‘(ii) lands held under the provisions of the mit a single plan under section 471 that (iii) CONDITIONS FOR STUDIES.—A diagnostic Alaska Native Claims Settlement Act (43 meets the requirements of this section. study conducted by an Indian tribe under U.S.C. 1601 et seq.) by a Native corporation ‘‘(c) COOPERATIVE AGREEMENTS.—An Indian clause (ii) shall, at a minimum, identify in- as defined in section 3(m) of such Act (43 tribe, tribal organization, or intertribal con- hibitors to greater levels of private sector in- U.S.C. 1602(m)).’’. sortium and a State may enter into a cooper- vestment and job creation with respect to (3) INDIAN EMPLOYMENT TAX CREDIT.—Sec- ative agreement for the administration or the Indian tribe. tion 45A(f) of the Internal Revenue Code of payment of funds pursuant to this part. In (iv) EXPENDITURES FROM DIAGNOSTIC 1986 (relating to termination) is amended by any case where an Indian tribe, tribal orga- FUND.— striking ‘‘December 31, 2004’’ and inserting nization, or intertribal consortium and a (I) IN GENERAL.—Subject to subclause (II), ‘‘December 31, 2014’’. State enter into a cooperative agreement on request by an Indian tribe, the Adminis- (4) ACCELERATED DEPRECIATION ALLOW- that incorporates any of the provisions of trator of the Administration for Native ANCE.—Section 168(j)(8) of such Code (relat- this section, those provisions shall be valid Americans within the Department of Health ing to termination) is amended by striking and enforceable. Any such cooperative agree- and Human Services shall transfer from the ‘‘December 31, 2004’’ and inserting ‘‘Decem- ment that is in effect as of the date of enact- Diagnostic Fund to the tribe such amounts ber 31, 2014’’. ment of this section, shall remain in full as are necessary to carry out this subpara- force and effect subject to the right of either graph. SA 2963. Mr. SANTORUM (for himself party to the agreement to revoke or modify (II) ADMINISTRATIVE EXPENSES.—An and Mr. BROWNBACK) submitted an the agreement pursuant to the terms of the amount not exceeding 10 percent of the amendment intended to be proposed by agreement. him to the bill H.R. 4, to reauthorize ‘‘(d) REGULATIONS.—Not later than 1 year amounts in the Diagnostic Fund shall be after the date of enactment of this section, available in each fiscal year to pay the ad- and improve the program of block the Secretary shall, in full consultation with ministrative expenses necessary to carry out grants to States for temporary assist- Indian tribes and tribal organizations, pro- this subparagraph. ance for needy families, improve access mulgate regulations to carry out this sec- (B) NATIVE AMERICAN ECONOMIC DEVELOP- to quality child care, and for other pur- tion. MENT FUND.— poses; which was ordered to lie on the (i) ESTABLISHMENT.—There is established ‘‘(e) DEFINITIONS OF INDIAN TRIBE; TRIBAL table; as follows: ORGANIZATIONS.—In this section, the terms within the Administration for Native Ameri- ‘Indian tribe’ and ‘tribal organization’ have cans within the Department of Health and On page 156, strike lines 1 through 3 and in- the meanings given those terms in sub- Human Services, a fund to be known as the sert the following: sections (e) and (l) of section 4 of the Indian ‘‘Native American Economic Development priated for grants under this paragraph— Self-Determination and Education Assist- Fund’’ (referred to in this paragraph as the ‘‘(I) for fiscal year 2004, $100,000,000; and ance Act (25 U.S.C. 450b), respectively, except ‘‘Economic Fund’’). ‘‘(II) for each of fiscal years 2005 through that, with respect to the State of Alaska, the (ii) USE OF AMOUNTS FROM ECONOMIC 2008, $120,000,000. term ‘Indian tribe’ has the meaning given FUND.—An Indian tribe shall be eligible to On page 239, strike lines 21 and 22, and in- that term in section 419(4)(B).’’. use amounts in the Economic Fund to ensure sert ‘‘$100,000,000 for fiscal year 2004 and (3) EFFECTIVE DATE.—The amendments that Federal development assistance and $120,000,000 for each of fiscal years 2005 made by this subsection take effect on the other resources dedicated to Native Amer- through 2008, which shall remain available date of enactment of this Act. ican economic development are provided to’’. (e) CLARIFICATION OF APPLICATION OF IN- only to Native American communities with Beginning on page 289, strike line 24 and DIAN EMPLOYMENT, TRAINING AND RELATED demonstrated commitments to— all that follows through page 290, line 5, and SERVICES DEMONSTRATION ACT OF 1992.—Sec- (I) sound economic and political policies; insert the following: tion 412 (42 U.S.C.612), as amended by section (II) good governance; and ‘‘(E) AUTHORIZATION OF APPROPRIATIONS.— 108(b)(2), is amended by adding at the end the (III) practices that promote increased lev- There is authorized to be appropriated to the following: els of economic growth and job creation. Secretary for the purpose of carrying out

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3471 this paragraph, $40,000,000 for each of fiscal tain activities undertaken with respect to than the amount (if any) by which the years 2004 through 2008.’’. the individual. amount of such contribution exceeds twice ‘‘(ii) CREDIT FOR ACTIVITIES UNDERTAKEN the basis of such food. SA 2964. Mr. KOHL submitted an THROUGH COLLABORATIVE AGENCY PROCESS.— ‘‘(C) DETERMINATION OF BASIS.—For pur- amendment intended to be proposed by Subject to clause (iii), if the State under- poses of this paragraph, if a taxpayer uses him to the bill H.R. 4, to reauthorize takes to provide services for an individual to the cash method of accounting, the basis of and improve the program of block which clause (i) applies through a collabo- any qualified contribution of such taxpayer grants to States for temporary assist- rative process that includes governmental or shall be deemed to be 50 percent of the fair ance for needy families, improve access private agencies with expertise in disability market value of such contribution. determination or appropriate services for ‘‘(D) DETERMINATION OF FAIR MARKET to quality child care, and for other pur- adults with disabilities, the State shall be VALUE.—In the case of a charitable contribu- poses; which was ordered to lie on the credited for purposes of the monthly partici- tion of food which is a qualified contribution table; as follows: pation rate determined under subsection (within the meaning of paragraph (3), as On page 344, between lines 3 and 4, insert (b)(1)(B)(i) with the lesser of— modified by subparagraphs (A) and (B) of this the following: ‘‘(I) the sum of the number of hours the in- paragraph) and which, solely by reason of in- SEC. ll. SSI EXTENSION FOR HUMANITARIAN dividual participates in an activity described ternal standards of the taxpayer, lack of IMMIGRANTS. in paragraph (1), (2), (3), (4), (5), (6), (7), (8), or market, or similar circumstances, or which Section 402(a)(2) of the Personal Responsi- (12) of subsection (d) for the month and the is produced by the taxpayer exclusively for bility and Work Opportunity Reconciliation number of hours that the individual partici- the purposes of transferring the food to an Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by pates in rehabilitation services under this organization described in paragraph (3)(A), adding at the end the following: subparagraph for the month; or cannot or will not be sold, the fair market ‘‘(M) TWO-YEAR SSI EXTENSION THROUGH FIS- ‘‘(II) twice the number of hours the indi- value of such contribution shall be deter- CAL YEAR 2007.— vidual participates in an activity described mined— ‘‘(i) IN GENERAL.—With respect to eligi- in paragraph (1), (2), (3), (4), (5), (6), (7), (8), or ‘‘(i) without regard to such internal stand- bility for benefits for the specified Federal (12) of subsection (d) for the month. ards, such lack of market, such cir- program described in paragraph (3)(A), the 7- ‘‘(iii) LIMITATION.—A State shall not re- cumstances, or such exclusive purpose, and year period described in subparagraph (A) ceive credit under clause (ii) towards the ‘‘(ii) if applicable, by taking into account shall be deemed to be a 9-year period during monthly participation rate under subsection the price at which the same or similar food fiscal years 2005 through 2007. (b)(1)(B)(i) unless the State reviews the dis- items are sold by the taxpayer at the time of ‘‘(ii) ALIENS WHOSE BENEFITS CEASED IN ability determination of an individual to the contribution (or, if not so sold at such PRIOR FISCAL YEARS.— which clause (i) applies and the activities in time, in the recent past).’’. ‘‘(I) IN GENERAL.—Beginning on the date of which the individual is participating not less (b) EFFECTIVE DATE.—The amendment the enactment of the SSI Extension for El- than every 6 months. made by subsection (a) shall apply to taxable derly and Disabled Refugees Act, any quali- ‘‘(iv) INDIVIDUAL DESCRIBED.—For purposes years beginning after December 31, 2003. fied alien rendered ineligible for the speci- of this subparagraph, an individual described fied Federal program described in paragraph in this clause is an individual who the State SEC. ll02. TIME SENSITIVE GOODS MOVEMENT. (3)(A) during fiscal years prior to fiscal year has determined has a disability and would (a) IN GENERAL.—The Secretary shall enter 2005 solely by reason of the termination of benefit from participating in rehabilitative into a contract or grant agreement with a the 7-year period described in subparagraph services while combining such participation nongovernmental organization described in (A) shall be eligible for such program for an with other work activities. subsection (b)(1) to establish and maintain a additional 2-year period in accordance with ‘‘(v) DEFINITION OF DISABILITY.—In this sub- program for the tracking, collection, and de- this subparagraph, if such alien meets all paragraph, the term ‘disability’ means a livery of time sensitive goods. other eligibility factors under title XVI of physical or mental impairment, including (b) DEFINITIONS.—For purposes of this sec- the Social Security Act. substance abuse, that— tion— ‘‘(II) PAYMENT OF BENEFITS.—Benefits paid ‘‘(I) constitutes or results in a substantial (1) NONGOVERNMENTAL ORGANIZATION.—The under subparagraph (I) shall be paid prospec- impediment to employment; or nongovernmental organization referred to in tively over the duration of the qualified ‘‘(II) substantially limits 1 or more major subsection (a) shall be a national nonprofit alien’s renewed eligibility.’’. life activities.’’. charitable organization selected by the Sec- retary on a competitive basis and shall— SA 2965. Mr. JEFFORDS (for himself, SA 2966. Mr. LUGAR (for himself, Mr. (A) have several years experience in gath- Mr. SMITH, Ms. COLLINS, Mr. CHAFEE, LEAHY, Mrs. DOLE, and Mr. KOHL) sub- ering information from virtually all of the and Mr. ROCKEFELLER) submitted an mitted an amendment intended to be States regarding time sensitive goods; amendment intended to be proposed by proposed by him to the bill H.R. 4, to (B) have several years working experience him to the bill H.R. 4, to reauthorize reauthorize and improve the program with transport providers such as trucking and improve the program of block of block grants to States for temporary companies in creating, coordinating, and grants to States for temporary assist- assistance for needy families, improve maintaining transfer systems designed to assist, at the national level, the delivery of ance for needy families, improve access access to quality child care, and for time sensitive goods to appropriate nation- to quality child care, and for other pur- other purposes; which was ordered to wide coordination centers; poses; which was ordered to lie on the lie on the table; as follows: (C) agree to contribute in-kind resources table; as follows: After title VI insert the following: towards implementing this section and agree On page 216, between lines 19 and 20, insert TITLE llFOOD BANK DONATIONS to provide services and information free of the following: SEC. ll01. CHARITABLE DEDUCTION FOR CON- charge; and ‘‘(G) STATE OPTION TO RECEIVE CREDIT FOR TRIBUTIONS OF FOOD INVENTORY. (D) be capable of and experienced in work- RECIPIENTS WHO ARE DETERMINED BY APPRO- (a) IN GENERAL.—Subsection (e) of section ing with major domestic food manufacturers PRIATE AGENCIES WORKING IN COORDINATION TO 170 of the Internal Revenue Code of 1986 (re- and processors, grocery chains and stores, HAVE A DISABILITY AND TO BE IN NEED OF SPE- lating to certain contributions of ordinary food warehouse operators, transport pro- CIALIZED ACTIVITIES.— income and capital gain property) is amend- viders such as trucking companies, and pub- ‘‘(i) IN GENERAL.—At the option of the ed by adding at the end the following new lic food assistance agencies. State, if the State agency responsible for ad- paragraph: (2) TIME SENSITIVE GOODS.—The term ‘‘tine ministering the State program funded under ‘‘(7) SPECIAL RULE FOR CONTRIBUTIONS OF sensitive goods’’ meand raw materials or fin- this part works in collaboration or has a re- FOOD INVENTORY.—For purposes of this sec- ished goods that are nearing the end of their ferral relationship with other governmental tion— useful life. or private agencies with expertise in dis- ‘‘(A) CONTRIBUTIONS BY NON-CORPORATE (3) SECRETARY.—The term ‘‘Secretary’’ ability determination or appropriate services TAXPAYERS.—In the case of a charitable con- means the Secretary of the Treasury. plans for adults with disabilities (including tribution of food by a taxpayer, paragraph (c) PROGRAM REQUIREMENTS.—The Sec- agencies that receive funds under this part), (3)(A) shall be applied without regard to retary shall ensure that funds allocated and one of those entities determines that an whether or not the contribution is made by under this section are used for— individual described in clause (iv) is not able a corporation. (1) the development and maintenance of a to meet the State’s full work requirements ‘‘(B) LIMIT ON REDUCTION.—In the case of a computerized system for the tracking of after the periods applicable under paragraph charitable contribution of food which is a time sensitive goods; (1)(C) because of the individual’s disability qualified contribution (within the meaning (2) capital and operating costs associated and continuing need for rehabilitative serv- of paragraph (3)(A), as modified by subpara- with the collection and transportation of ices, then for purposes of determining graph (A) of this paragraph)— time sensitive goods; and monthly participation rates under sub- ‘‘(i) paragraph (3)(B) shall not apply, and (3) capital and operating costs associated section (b)(1)(B)(i) the State may receive ‘‘(ii) the reduction under paragraph (1)(A) with the storage and distribution of time credit in accordance with clause (ii) for cer- for such contribution shall be no greater sensitive goods.

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(d) AUDITS.—The Secretary shall establish alty payment received by the donee with re- mediaries, or through the use of any provi- fair and reasonable auditing procedures respect to property described in paragraph sion of law or regulation (including the con- garding the expenditures of funds to carry (1)(B)(iii) (other than copyrights which are solidated return regulations), and out this section. described in section 1221(a)(3) or 1231(b)(1)(C)) (3) a donor from changing the form of the (e) FUNDING.—From amounts resulting contributed by the taxpayer to the donee. patent or similar property to property of a from the amendments made by section ‘‘(ii) SECRETARIAL AUTHORITY.— form for which different deduction rules ll04, there is authorized to be appropriated ‘‘(I) IN GENERAL.—Except as provided in would apply. and hereby appropriated to the Secretary subclause (II), the Secretary may by regula- (e) EFFECTIVE DATE.—The amendments $10,000,000 in each of fiscal years 2005 through tion or other administrative guidance treat made by this section shall apply to contribu- 2010 to implement this section. The non- as a qualified interest the right to receive tions made after the date of the enactment governmental organization may contract other payments from the donee, but only if of this Act. with and provide funds to 1 additional non- the donee does not possess a right to receive profit organization which the Secretary de- any payment (whether royalties or other- SA 2967. Mr. GREGG submitted an termines meets the requirements set forth in wise) from a third party with respect to the amendment intended to be proposed by subsection (b)(1) to carry out some of the contributed property. him to the bill H.R. 4, to reauthorize functions required by this section. ‘‘(II) EXCEPTIONS.—The Secretary may not and improve the program of block SEC. ll03. SERVICE INSTITUTIONS. treat as a qualified interest the right to receive any payment which provides a benefit grants to States for temporary assist- (a) OPERATING EXPENSES.—Section 13(b)(1) to the donor which is greater than the ben- ance for needy families, improve access of the Richard B. Russell National School efit retained by the donee or the right to re- to quality child care, and for other pur- Lunch Act (42 U.S.C. 1761(b)(1)) is amended ceive any portion of the proceeds from the poses; which was ordered to lie on the by striking subparagraph (A) and inserting sale of the property contributed. the following: table; as follows: ‘‘(iii) LIMITATION.—An interest shall be ‘‘(A) IN GENERAL.—A payment to a service At the appropriate place, insert the fol- treated as a qualified interest under this sub- institution shall be equal to the maximum lowing: paragraph only if the taxpayer has no right — amount for food service under subparagraphs to receive any payment described in clause TITLE ll CHILD CARE AND DEVELOP- (B) and (C).’’. (i) or (ii)(I) after the earlier of the date on MENT BLOCK GRANT ACT AMENDMENTS (b) ADMINISTRATIVE COSTS.—Section 13(b) which the legal life of the contributed prop- SEC. ll01. SHORT TITLE of the Richard B. Russell National School erty expires or the date which is 20 years This title may be cited as the ‘‘Caring for Lunch Act (42 U.S.C. 1761(b)) is amended by after the date of the contribution.’’. Children Act of 2004’’. striking paragraph (3) and inserting the fol- (c) REPORTING REQUIREMENTS.— Subtitle A—Child Care and Development lowing: (1) IN GENERAL.—Section 6050L(a) (relating Block Grant Act of 1990 ‘‘(3) ADMINISTRATIVE COSTS.—Payment to a to returns regarding certain dispositions of SEC. ll11. SHORT TITLE AND GOALS. service institution for administrative costs donated property) is amended— (a) HEADING.—Section 658A of the Child shall be equal to the maximum allowable (A) by striking ‘‘If’’ and inserting: levels determined by the Secretary under the Care and Development Block Grant Act of ‘‘(1) DISPOSITIONS OF DONATED PROPERTY.— 1990 (42 U.S.C. 9801 note) is amended by strik- study required under paragraph (4).’’. If’’, (c) CONFORMING AMENDMENT.—Section 18 of ing the section heading and inserting the fol- (B) by redesignating paragraphs (1) lowing: the Richard B. Russell National School through (5) as subparagraphs (A) through (E), ‘‘SEC. 658A. SHORT TITLE AND GOALS.’’. Lunch Act (42 U.S.C. 1769) is amended by respectively, and (b) GOALS.—Section 658A(b) of the Child striking subsection (f). (C) by adding at the end the following new Care and Development Block Grant Act of SEC. ll04. LIMITATIONS ON DEDUCTION FOR paragraph: 1990 (42 U.S.C. 9801 note) is amended— CHARITABLE CONTRIBUTIONS OF ‘‘(2) PAYMENTS OF QUALIFIED INTERESTS.— (1) in paragraph (3), by striking ‘‘encour- PATENTS AND SIMILAR PROPERTY. Each donee of property described in section age’’ and inserting ‘‘assist’’; (a) DEDUCTION ALLOWED ONLY TO THE EX- 170(e)(1)(B)(iii) which makes a payment to a (2) in paragraph (4), by striking ‘‘parents’’ TENT OF BASIS.—Section 170(e)(1)(B) (relating donor pursuant to a qualified interest (as de- and all that follows and inserting ‘‘low-in- to certain contributions of ordinary income fined in section 170(e)(7)) during any calendar come working parents;’’; and capital gain property) is amended by year shall make a return (in accordance with (3) by redesignating paragraph (5) as para- striking ‘‘or’’ at the end of clause (i), by add- forms and regulations prescribed by the Sec- graph (8); and ing ‘‘or’’ at the end of clause (ii), and by in- retary) showing— (4) by inserting after paragraph (4) the fol- serting after clause (ii) the following new ‘‘(A) the name, address, and TIN of the lowing: clause: payor and the payee with respect to such a ‘‘(5) to assist States in improving the qual- ‘‘(iii) of any patent, copyright, trademark, payment, ity of child care available to families; trade name, trade secret, know-how, soft- ‘‘(B) a description, and date of contribu- ‘‘(6) to promote school preparedness by en- ware, or similar property, or applications or tion, of the property to which the qualified couraging children, families, and caregivers registrations of such property,’’. interest relates, to engage in developmentally appropriate (b) TREATMENT OF CONTRIBUTIONS WHERE ‘‘(C) the dates and amounts of any royalty and age-appropriate activities in child care DONOR RECEIVES INTEREST.—Section 170(e) is payments received by the donee with respect settings that will— amended by adding at the end the following to such property, ‘‘(A) improve the children’s social, emo- new paragraph: ‘‘(D) the date and the amount of the pay- tional, and behavioral skills; and ‘‘(7) SPECIAL RULES FOR CONTRIBUTIONS OF ment pursuant to the qualified interest, and ‘‘(B) foster their early cognitive, pre-read- PATENTS AND SIMILAR PROPERTY WHERE DONOR ‘‘(E) a description of the terms of the ing, and language development; RECEIVES INTEREST.— qualified interest.’’. ‘‘(7) to promote parental and family in- ‘‘(A) DISALLOWANCE OF DEDUCTION.—No de- (2) CONFORMING AMENDMENTS.— volvement in the education of young chil- duction shall be allowed under this section (A) The heading for section 6050L is amend- dren in child care settings; and’’. with respect to a contribution of property ed by striking ‘‘CERTAIN DISPOSITIONS described in paragraph (1)(B)(iii) if the tax- OF’’. SEC.ll12. AUTHORIZATION OF APPROPRIA- payer after the contribution has any interest (B) The item relating to section 6050L in TIONS. in the property other than a qualified inter- the table of sections for subpart B of part III Section 658B of the Child Care and Devel- est. of subchapter A of chapter 61 is amended by opment Block Grant Act of 1990 (42 U.S.C. ‘‘(B) CONTRIBUTIONS WITH QUALIFIED INTER- striking ‘‘certain dispositions of’’. 9858) is amended by striking ‘‘subchapter’’ EST.—If a taxpayer after a contribution of (d) ANTI-ABUSE RULES.—The Secretary of and all that follows and inserting ‘‘sub- property described in paragraph (1)(B)(iii) the Treasury may prescribe such regulations chapter $2,300,000,000 for fiscal year 2005, has a qualified interest in the property— or other administrative guidance as may be $2,500,000,000 for fiscal year 2006, $2,700,000,000 ‘‘(i) any payment pursuant to the qualified necessary or appropriate to prevent the for fiscal year 2007, $2,900,000,000 for fiscal interest shall be treated as ordinary income avoidance of the purposes of section year 2008, and $3,100,000,000 for fiscal year and shall be includible in gross income of the 170(e)(1)(B)(iii) of the Internal Revenue Code 2009.’’. taxpayer for the taxable year in which the of 1986 (as added by subsection (a)), including SEC. ll13. LEAD AGENCY. payment is received by the taxpayer, and preventing— Section 658D(a) of the Child Care and De- ‘‘(ii) subsection (f)(3) and section 1011(b) (1) the circumvention of the reduction of velopment Block Grant Act of 1990 (42 U.S.C. shall not apply to the transfer of the prop- the charitable deduction by embedding or 9858b(a)) is amended by striking ‘‘designate’’ erty from the taxpayer to the donee. bundling the patent or similar property as and all that follows and inserting ‘‘designate ‘‘(C) QUALIFIED INTEREST.—For purposes of part of a charitable contribution of property an agency (which may be an appropriate col- this paragraph— that includes the patent or similar property, laborative agency), or establish a joint inter- ‘‘(i) IN GENERAL.—The term ‘qualified in- (2) the manipulation of the basis of the agency office, that complies with the re- terest’ means, with respect to any taxpayer, property to increase the amount of the char- quirements of subsection (b) to serve as the a right to receive from the donee a percent- itable deduction through the use of related lead agency for the State under this sub- age (not greater than 50 percent) of any roy- persons, pass-thru entities, or other inter- chapter.’’.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3473 SEC. ll14. STATE PLAN. under a State program funded under part A about eligibility for assistance under this (a) LEAD AGENCY.—Section 658E(c)(1) of the of title IV of the Social Security Act (42 subchapter.’’. Child Care and Development Block Grant U.S.C. 601 et seq.)) are not required to unduly (c) USE OF BLOCK GRANT FUNDS.—Section Act of 1990 (42 U.S.C. 9858c(c)(1)) is amended disrupt their employment in order to comply 658E(c)(3) the Child Care and Development by striking ‘‘designated’’ and inserting ‘‘des- with the State’s requirements for redeter- Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)) ignated or established’’. mination of eligibility for assistance under is amended— (b) POLICIES AND PROCEDURES.—Section this subchapter. (1) in subparagraph (A), by striking ‘‘as re- 658E(c)(2) of the Child Care and Development ‘‘(ii) MINIMUM PERIOD.—Demonstrate that quired under’’ and inserting ‘‘in accordance Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)) each child that receives assistance under with’’; and is amended— this subchapter in the State will receive (2) in subparagraph (B)— (1) in subparagraph (A)(i)(II), by striking such assistance for not less than 6 months (A) by striking ‘‘The State’’ and inserting ‘‘section 658P(2)’’ and inserting ‘‘section before the State redetermines the eligibility the following: 658T(2)’’; of the child under this subchapter, except as ‘‘(i) IN GENERAL.—The State’’; (2) by striking subparagraph (D) and in- provided in clause (iii). (B) in clause (i) (as designated in subpara- serting the following: ‘‘(iii) PERIOD BEFORE TERMINATION.—At the graph (A)), by striking ‘‘appropriate to real- ‘‘(D) CONSUMER AND CHILD CARE PROVIDER option of the State, demonstrate that the ize any of the goals specified in paragraphs EDUCATION INFORMATION.—Certify that the State will not terminate assistance under (2) through (5) of section 658A(b)’’ and insert- State will— this subchapter based on a parent’s loss of ing ‘‘appropriate (which may include an ac- ‘‘(i) collect and disseminate, through re- work or cessation of attendance at a job tivity described in clause (ii)) to realize any source and referral services and other means training or educational program for which of the goals specified in paragraphs (2) as determined by the State, to parents of eli- the family was receiving the assistance, through (8) of section 658A(b)’’; and gible children, child care providers, and the without continuing the assistance for a rea- (C) by adding at the end the following: general public, information regarding— sonable period of time, of not less than 1 ‘‘(ii) CHILD CARE RESOURCE AND REFERRAL ‘‘(I) the promotion of informed child care month, after such loss or cessation in order SYSTEM.—A State may use amounts de- choices, including information about the for the parent to engage in a job search and scribed in clause (i) to establish or support a quality and availability of child care serv- resume work, or resume attendance of a job system of local child care resource and refer- ices; training or educational program, as soon as ral organizations coordinated by a statewide ‘‘(II) research and best practices con- possible. private, nonprofit, community-based lead cerning children’s development, including ‘‘(J) COORDINATION WITH OTHER PRO- child care resource and referral organization. early cognitive development; GRAMS.—Describe how the State, in order to The local child care resource and referral or- ‘‘(III) the availability of assistance to ob- expand accessibility and continuity of qual- ganizations shall— tain child care services; and ity early care and early education, will co- ‘‘(I) provide parents in the State with in- ‘‘(IV) other programs for which families ordinate the early childhood education ac- formation, and consumer education, con- that receive child care services for which fi- tivities assisted under this subchapter with— cerning the full range of child care options, nancial assistance is provided under this sub- ‘‘(i) programs carried out under the Head including child care provided during non- chapter may be eligible, including the food Start Act (42 U.S.C. 9831 et seq.), including traditional hours and through emergency stamp program established under the Food the Early Head Start programs carried out child care centers, in their communities; Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the under section 645A of that Act (42 U.S.C. ‘‘(II) collect and analyze data on the supply special supplemental nutrition program for 9840a); of and demand for child care in political sub- women, infants, and children established by ‘‘(ii)(I) Early Reading First and Even Start divisions within the State; section 17 of the Child Nutrition Act of 1966 programs carried out under subparts 2 and 3 ‘‘(III) submit reports to the State con- (42 U.S.C. 1786), the child and adult care food of part B of title I of the Elementary and taining data and analysis described in clause program established under section 17 of the Secondary Education Act of 1965 (20 U.S.C. (II); and Richard B. Russell National School Lunch 6371 et seq., 6381 et seq.); and ‘‘(IV) work to establish partnerships with Act (42 U.S.C. 1766), and the medicaid and ‘‘(II) other preschool programs carried out public agencies and private entities to in- State children’s health insurance programs under title I of that Act (20 U.S.C. 6301 et crease the supply and quality of child care under titles XIX and XXI of the Social Secu- seq.); services.’’. rity Act (42 U.S.C. 1396 et seq. and 1397aa et ‘‘(iii) programs carried out under section (d) DIRECT SERVICES.—Section 658E(c)(3) of seq.); and 619 and part C of the Individuals with Dis- the Child Care and Development Block Grant ‘‘(ii) report to the Secretary the manner in abilities Education Act (20 U.S.C. 1419, 1431 Act of 1990 (42 U.S.C. 9858c(c)(3)) is amend- which the consumer education information et seq.); ed— described in clause (i) was provided to par- ‘‘(iv) State prekindergarten programs; and (1) in subparagraph (A), by striking ‘‘(D)’’ ents and the number of parents to whom ‘‘(v) other early childhood education pro- and inserting ‘‘(E)’’; and such consumer education information was grams. (2) by adding at the end the following: provided, during the period of the previous ‘‘(K) TRAINING IN EARLY LEARNING AND ‘‘(E) DIRECT SERVICES.—From amounts pro- State plan.’’; CHILDHOOD DEVELOPMENT.—Describe any vided to a State for a fiscal year to carry out (3) by striking subparagraph (E) and insert- training requirements that are in effect this subchapter, the State shall— ing the following: within the State that are designed to enable ‘‘(i) reserve the minimum amount required ‘‘(E) COMPLIANCE WITH STATE AND TRIBAL child care providers to promote the social, to be reserved under section 658G, and the LICENSING REQUIREMENTS.— emotional, physical, and cognitive develop- funds for costs described in subparagraph (C); ‘‘(i) IN GENERAL.—Certify that the State (or ment of children and that are applicable to and the Indian tribe or tribal organization) in- child care providers that provide services for ‘‘(ii) from the remainder, use not less than volved has in effect licensing requirements which assistance is made available under 70 percent to fund direct services (as defined applicable to child care services provided this subchapter in the State. by the State).’’. within the State (or area served by the tribe ‘‘(L) PUBLIC-PRIVATE PARTNERSHIPS.—Dem- (e) PAYMENT RATES.—Section 658E(c)(4) of or organization), and provide a detailed de- onstrate how the State is encouraging part- the Child Care and Development Block Grant scription of such requirements and of how nerships among State agencies, other public Act of 1990 (42 U.S.C. 9858c(c)(4)) is amend- such requirements are effectively enforced. agencies, and private entities, to leverage ed— ‘‘(ii) CONSTRUCTION.—Nothing in clause (i) existing service delivery systems (as of the (1) in subparagraph (A), by striking ‘‘The shall be construed to require that licensing date of submission of the State plan) for State plan’’ and all that follows and insert- requirements be applied to specific types of early childhood education and to increase ing the following: providers of child care services.’’; the supply and quality of child care services ‘‘(i) SURVEY.—The State plan shall— (4) in subparagraph (F)— for children who are less than 13 years of ‘‘(I) demonstrate that the State has, after (A) in the first sentence, by striking ‘‘with- age. consulting with local area child care pro- in the State, under State or local law,’’ and ‘‘(M) ACCESS TO CARE FOR CERTAIN POPU- gram administrators, developed and con- inserting ‘‘within the State (or area served LATIONS.—Demonstrate how the State is ad- ducted a statistically valid and reliable sur- by the Indian tribe or tribal organization), dressing the child care needs of parents eligi- vey of the market rates for child care serv- under State or local law (or tribal law),’’; ble for child care services for which assist- ices in the State (that reflects variations in and ance is provided under this subchapter, who the cost of child care services by geographic (B) in the second sentence, by striking have children with special needs, work non- area, type of provider, and age of child) with- ‘‘State or local law’’ and inserting ‘‘State or traditional hours, or require child care serv- in the 2 years preceding the date of the sub- local law (or tribal law)’’; and ices for infants and toddlers. mission of the application containing the (5) by adding at the end the following: ‘‘(N) COORDINATION WITH TITLE IV OF THE SO- State plan; ‘‘(I) PROTECTION FOR WORKING PARENTS.— CIAL SECURITY ACT.—Describe how the State ‘‘(II) detail the results of the State market ‘‘(i) REDETERMINATION PROCESS.—Describe will inform parents receiving assistance rates survey conducted pursuant to sub- the procedures and policies that are in place under a State program funded under part A clause (I); to ensure that working parents (especially of title IV of the Social Security Act (42 ‘‘(III) describe how the State will provide parents in families receiving assistance U.S.C. 601 et seq.) and low-income parents for timely payment for child care services,

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3474 CONGRESSIONAL RECORD — SENATE March 31, 2004 and set payment rates for child care services, and aligned with the social, emotional, phys- ‘‘SEC. 658H. OPTIONAL PRIORITY USE OF ADDI- for which assistance is provided under this ical, and cognitive development of children, TIONAL FUNDS. subchapter in accordance with the results of including— ‘‘(a) IN GENERAL.—If a State receives funds the market rates survey conducted pursuant ‘‘(i) developing and operating distance to carry out this subchapter for a fiscal year, to subclause (I) without reducing the number learning child care training infrastructures; and the amount of the funds exceeds the of families in the State receiving such assist- ‘‘(ii) developing model technology-based amount of funds the State received to carry ance under this subchapter, relative to the training courses; out this subchapter for fiscal year 2004, the number of such families on the date of intro- ‘‘(iii) offering training for caregivers in in- State shall consider using a portion of the duction of the Caring for Children Act of formal child care settings; and excess— 2004; and ‘‘(iv) offering training for child care pro- ‘‘(1) to support payment rate increases in ‘‘(IV) describe how the State will, not later viders who care for infants and toddlers and accordance with the market rate survey con- than 30 days after the completion of the sur- children with special needs. ducted pursuant to section 658E(c)(4); vey described in subclause (I), make the re- ‘‘(D) engage in programs designed to in- ‘‘(2) to support the establishment of tiered sults of the survey widely available through crease the retention and improve the com- payment rates as described in section public means, including posting the results petencies of child care providers, including 658G(a)(2)(D); and on the Internet. wage incentive programs and initiatives that ‘‘(3) to support payment rate increases for ‘‘(ii) EQUAL ACCESS.—The State plan shall establish tiered payment rates for providers care for children in communities served by include a certification that the payment that meet or exceed child care services local educational agencies that have been rates are sufficient to ensure equal access for guidelines, as defined by the State; identified for improvement under section eligible children to child care services com- ‘‘(E) evaluate and assess the quality and ef- 1116(c)(3) of the Elementary and Secondary parable to child care services in the State or fectiveness of child care programs and serv- Education Act of 1965 (20 U.S.C. 6316(c)(3)). substate area that are provided to children ices offered in the State to young children on ‘‘(b) NO REQUIREMENT TO REDUCE CHILD whose parents are not eligible to receive improving overall school preparedness; and CARE SERVICES.—Nothing in this section child care assistance under any Federal or ‘‘(F) carry out other activities determined shall be construed to require a State to take State program.’’; and by the State to improve the quality of child an action that the State determines would (2) in subparagraph (B)— care services provided in the State and for result in a reduction of child care services to (A) by striking ‘‘Nothing’’ and inserting which measurement of outcomes relating to families of eligible children. the following: improved child safety, child well-being, or ‘‘(c) PAYMENT RATE.—In this section, the ‘‘(i) NO PRIVATE RIGHT OF ACTION.—Noth- school preparedness is possible. term ‘payment rate’ means the rate of State ing’’; and ‘‘(b) CERTIFICATION.—Beginning with fiscal payment or reimbursement to providers for (B) by adding at the end the following: year 2005, the State shall annually submit to subsidized child care.’’. ‘‘(ii) NO PROHIBITION OF CERTAIN DIFFERENT the Secretary a certification in which the SEC. ll17. REPORTING REQUIREMENTS. RATES.—Nothing in this subchapter shall be State certifies that the State was in compli- (a) HEADING.—Section 658K of the Child construed to prevent a State from differen- ance with subsection (a) during the pre- Care and Development Block Grant Act of tiating the payment rates described in sub- ceding fiscal year and describes how the 1990 (42 U.S.C. 9858i) is amended by striking paragraph (A) on the basis of— State used funds made available to carry out the section heading and inserting the fol- ‘‘(I) geographic location of child care pro- this subchapter to comply with subsection lowing: (a) during that preceding fiscal year. viders (such as location in an urban or rural ‘‘SEC. 658K. REPORTS AND AUDITS.’’. area); ‘‘(c) STRATEGY.—The State shall annually submit to the Secretary— (b) REQUIRED INFORMATION.—Section ‘‘(II) the age or particular needs of children 658K(a) of the Child Care and Development (such as children with special needs and chil- ‘‘(1) beginning with fiscal year 2005, an out- line of the strategy the State will implement Block Grant Act of 1990 (42 U.S.C. 9858i(a)) is dren served by child protective services); amended to read as follows: ‘‘(III) whether the providers provide child during that fiscal year to address the quality of child care services for which financial as- ‘‘(a) REPORTS.— care during weekend and other nontradi- ‘‘(1) IN GENERAL.—A State that receives tional hours; and sistance is made available under this subchapter, including— funds to carry out this subchapter shall col- ‘‘(IV) the State’s determination that such lect the information described in paragraph differentiated payment rates are needed to ‘‘(A) a statement specifying how the State will address the activities carried out under (2) on a monthly basis. enable a parent to choose child care that the ‘‘(2) REQUIRED INFORMATION.—The informa- parent believes to be of high quality.’’. subsection (a); ‘‘(B) a description of quantifiable, objection required under this paragraph shall in- SEC. ll15. ACTIVITIES TO IMPROVE THE QUAL- clude, with respect to a family unit receiving ITY OF CHILD CARE. tive measures that the State will use to evaluate the State’s progress in improving assistance under this subchapter, informa- Section 658G of the Child Care and Devel- the quality of the child care services (includ- tion concerning— opment Block Grant Act of 1990 (42 U.S.C. ing measures regarding the impact, if any, of ‘‘(A) family income; 9858e) is amended to read as follows: State efforts to improve the quality by in- ‘‘(B) county of residence; ‘‘SEC. 658G. ACTIVITIES TO IMPROVE THE QUAL- creasing payment rates, as defined in section ‘‘(C) the gender, race, and age of children ITY OF CHILD CARE. 658H(c)), evaluating separately the impact of receiving such assistance; ‘‘(a) IN GENERAL.— the activities listed in each of such subpara- ‘‘(D) whether the head of the family unit is ‘‘(1) RESERVATION.—Each State that re- graphs on the quality of the child care serv- a single parent; ceives funds to carry out this subchapter for ices; and ‘‘(E) the sources of family income, includ- a fiscal year shall reserve and use not less ‘‘(C) a list of State-developed child care ing— than 6 percent of the funds for activities pro- services quality targets quantified for such ‘‘(i) employment, including self-employ- vided directly, or through grants or con- fiscal year for such measures; and ment; and tracts with resource and referral organiza- ‘‘(2) beginning with fiscal year 2006, a re- ‘‘(ii) assistance under a State program tions or other appropriate entities, that are port on the State’s progress in achieving funded under part A of title IV of the Social designed to improve the quality of child care such targets for the preceding fiscal year. Security Act (42 U.S.C. 601 et seq.) and a services. ‘‘(d) IMPROVEMENT PLAN.—If the Secretary State program for which State spending is ‘‘(2) ACTIVITIES.—The funds reserved under determines that a State failed to make counted toward the maintenance of effort re- paragraph (1) may only be used to— progress as described in subsection (c)(2) for quirement under section 409(a)(7) of the So- ‘‘(A) develop and implement voluntary a fiscal year— cial Security Act (42 U.S.C. 609(a)(7)); guidelines on pre-reading and language skills ‘‘(1) the State shall submit an improve- ‘‘(F) the type of child care in which the and activities, for child care programs in the ment plan that describes the measures the child was enrolled (such as family child care, State, that are aligned with State standards State will take to make that progress; and home care, center-based child care, or other for kindergarten through grade 12 or the ‘‘(2) the State shall comply with the im- types of child care described in section State’s general goals for school prepared- provement plan by a date specified by the 658T(5)); ness; Secretary but not later than 1 year after the ‘‘(G) whether the child care provider in- ‘‘(B) support activities and provide tech- date of the determination. volved was a relative; nical assistance in Federal, State, and local ‘‘(e) CONSTRUCTION.—Nothing in this sub- ‘‘(H) the cost of child care for such family, child care settings to enhance early learning chapter shall be construed to require that separately stating the amount of the subsidy for preschool and school-aged children, to the State apply measures for evaluating payment of the State and the amount of the promote literacy, to foster school prepared- quality of child care services to specific co-payment of the family toward such cost; ness, and to support later school success; types of child care providers.’’. ‘‘(I) the average hours per month of such ‘‘(C) offer training, professional develop- SEC.ll16. OPTIONAL PRIORITY USE OF ADDI- care; ment, and educational opportunities for TIONAL FUNDS. ‘‘(J) household size; child care providers that relate to the use of The Child Care and Development Block ‘‘(K) whether the parent involved reports developmentally appropriate and age-appro- Grant Act of 1990 is amended by inserting that the child has an individualized edu- priate curricula, and early childhood teach- after section 658G (42 U.S.C. 9858e) the fol- cation program or an individualized family ing strategies, that are scientifically based lowing: service plan described in section 602 or 636 of

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3475 the Individuals with Disabilities Education of child care, early education, and non- same size’’ and inserting ‘‘an income level Act (20 U.S.C. 1401 and 1436); and school-hour programs. determined by the State involved, with pri- ‘‘(L) the reason for any termination of ben- ‘‘(C) An assessment and, where appro- ority based on need as defined by the State’’; efits under this subchapter, including wheth- priate, recommendations for Congress con- and er the termination was due to— cerning efforts that should be undertaken to (2) in subparagraph (C)— ‘‘(i) the child’s age exceeding the allowable improve the access of the public to quality (A) in clause (i), by striking ‘‘a parent or limit; and affordable child care in the United parents’’ and inserting ‘‘a parent (including ‘‘(ii) the family income exceeding the States. a legal guardian or foster parent) or par- State eligibility limit; ‘‘(D) A progress report describing the ents’’; and ‘‘(iii) the State recertification or adminis- progress of the States in streamlining data (B) by striking clause (ii) and inserting the trative requirements not being met; reporting, the Secretary’s plans and activi- following: ‘‘(iv) parent work, training, or education ties to provide technical assistance to ‘‘(ii)(I) is receiving, or needs to receive, status no longer meeting State require- States, and an explanation of any barriers to protective services (which may include fos- ments; getting data in an accurate and timely man- ter care) or is a child with significant cog- ‘‘(v) a nonincome related change in status; ner. nitive or physical disabilities as defined by or ‘‘(2) COLLECTION OF INFORMATION.—The Sec- the State; and ‘‘(vi) other reasons; retary may make arrangements with re- ‘‘(II) resides with a parent (including a during the period for which such information source and referral organizations, to utilize legal guardian or foster parent) or parents is required to be submitted. the child care data system of the resource not described in clause (i).’’. ‘‘(3) SUBMISSION TO SECRETARY.—A State and referral organizations at the national, (b) CHILD WITH SPECIAL NEEDS.—Section described in paragraph (1) shall, on a quar- State, and local levels, to collect the infor- 658P of the Child Care and Development terly basis, submit to the Secretary the in- mation required by paragraph (1)(B). Block Grant Act of 1990 (42 U.S.C. 9858n) is formation required to be collected under ‘‘(b) GRANTS TO IMPROVE QUALITY AND AC- amended by inserting after paragraph (2) the paragraph (2) and the number of children and CESS.— following: families receiving assistance under this sub- ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(3) CHILD WITH SPECIAL NEEDS.—The term chapter (stated on a monthly basis). Infor- award grants to States, from allotments ‘child with special needs’ means— mation on the number of families receiving made under paragraph (2), to improve the ‘‘(A) a child with a disability, as defined in the assistance shall also be posted on the quality of and access to child care for infants section 602 of the Individuals with Disabil- website of such State. In the fourth quar- and toddlers, subject to the availability of ities Education Act (20 U.S.C. 1401); terly report of each year, a State described appropriations for this purpose. ‘‘(B) a child who is eligible for early inter- in paragraph (1) shall also submit to the Sec- ‘‘(2) ALLOTMENTS.—From funds reserved vention services under part C of the Individ- retary information on the annual number under section 658O(a)(3) for a fiscal year, the uals with Disabilities Education Act (20 and type of child care providers (as described Secretary shall allot to each State an U.S.C. 1431 et seq.); and in section 658T(5)) that received funding amount that bears the same relationship to ‘‘(C) a child with special needs, as defined under this subchapter and the annual num- such funds as the amount the State receives by the State involved.’’. ber of payments made by the State through for the fiscal year under section 658 bears to vouchers, under contracts, or by payment to (c) LEAD AGENCY.—Section 658P(8) of the the amount all States receive for the fiscal parents reported by type of child care pro- Child Care and Development Block Grant year under section 658O. vider. Act of 1990 (42 U.S.C. 9858n(8)) is amended by ‘‘(c) TOLL-FREE HOTLINE.—The Secretary ‘‘(4) USE OF SAMPLES.— striking ‘‘section 658B(a)’’ and inserting shall award a grant or contract, or enter into ‘‘(A) AUTHORITY.—A State may comply ‘‘section 658D(a)’’. a cooperative agreement for the operation of with the requirement to collect the informa- (d) PARENT.—Section 658P(9) of the Child a national toll-free hotline to assist families tion described in paragraph (2) through the Care and Development Block Grant Act of in accessing local information on child care use of disaggregated case record information 1990 (42 U.S.C. 9858n(9)) is amended by insert- options and providing consumer education on a sample of families selected through the ing ‘‘, foster parent,’’ after ‘‘guardian’’. materials, subject to the availability of ap- use of scientifically acceptable sampling (e) NATIVE HAWAIIAN ORGANIZATION.—Sec- methods approved by the Secretary. propriations for this purpose. tion 658P(14)(B) of the Child Care and Devel- ‘‘(d) TECHNICAL ASSISTANCE.—The Sec- ‘‘(B) SAMPLING AND OTHER METHODS.—The opment Block Grant Act of 1990 (42 U.S.C. Secretary shall provide the States with such retary shall provide technical assistance to 9858n(14)(B)) is amended by striking ‘‘Native case sampling plans and data collection pro- States on developing and conducting the Hawaiian Organization, as defined in section cedures as the Secretary determines nec- State market rates survey described in sec- 4009(4) of the Augustus F. Hawkins-Robert T. essary to produce statistically valid samples tion 658E(c)(4)(A)(i).’’. Stafford Elementary and Secondary School of the information described in paragraph SEC. ll19. ALLOCATION OF FUNDS FOR INDIAN Improvement Amendments of 1988 (20 U.S.C. (2). The Secretary may develop and imple- TRIBES, QUALITY IMPROVEMENT, 4909(4))’’ and inserting ‘‘Native Hawaiian or- AND A HOTLINE. ment procedures for verifying the quality of ganization, as defined in section 7207 of the data submitted by the States.’’. (a) IN GENERAL.—Section 658O(a) of the Elementary and Secondary Education Act of (c) PERIOD OF COMPLIANCE AND WAIVERS.— Child Care and Development Block Grant 1965 (20 U.S.C. 7517)’’. Act of 1990 (42 U.S.C. 9858m(a)) is amended— (1) IN GENERAL.—States shall have 2 years (f) REDESIGNATION.—The Child Care and (1) in paragraph (2), by striking ‘‘not less from the date of enactment of this Act to Development Block Grant Act of 1990 (42 than 1 percent, and not more than 2 per- comply with the changes to data collection U.S.C. 9858 et seq.) is amended— cent,’’ and inserting ‘‘2 percent’’; and and reporting required by the amendments (1) by redesignating section 658P as section (2) by adding at the end the following: made by this section. 658T; and ‘‘(3) GRANTS TO IMPROVE QUALITY AND AC- (2) WAIVERS.—The Secretary of Health and (2) by moving that section 658T to the end CESS.—The Secretary shall reserve an Human Services may grant a waiver from of the Act. paragraph (1) to States with plans to procure amount not to exceed $100,000,000 for each data systems. fiscal year to carry out section 658L(b), sub- SEC. ll21. RULES OF CONSTRUCTION. SEC. ll18. NATIONAL ACTIVITIES. ject to the availability of appropriations for The Child Care and Development Block Section 658L of the Child Care and Devel- this purpose. Grant Act of 1990 (as amended by section opment Block Grant Act of 1990 (42 U.S.C. ‘‘(4) TOLL-FREE HOTLINE.—The Secretary ll20(f)) is further amended by inserting 9858j) is amended to read as follows: shall reserve an amount not to exceed after section 658O (42 U.S.C. 9858m) the fol- ‘‘SEC. 658L. NATIONAL ACTIVITIES. $1,000,000 to carry out section 658L(c), subject lowing: ‘‘(a) REPORT.— to the availability of appropriations for this ‘‘SEC. 658P. RULES OF CONSTRUCTION. ‘‘(1) IN GENERAL.—The Secretary shall, not purpose.’’. ‘‘Nothing in this subchapter shall be con- later than April 30, 2005, and annually there- (b) CONFORMING AMENDMENT.—Section strued to require a State to impose State after, prepare and submit to the Committee 658O(c)(1) of the Child Care and Development child care licensing requirements on any on Education and the Workforce of the Block Grant Act of 1990 (42 U.S.C. type of early childhood provider, including House of Representatives and the Committee 9858m(c)(1)) is amended by inserting ‘‘(in ac- any such provider who is exempt from State on Health, Education, Labor, and Pensions of cordance with the requirements of subpara- child care licensing requirements on the date the Senate, and, not later than 30 days after graphs (E) and (F) of section 658E(c)(2) for of enactment of the Caring for Children Act the date of such submission, post on the De- such tribes or organizations)’’ after ‘‘applica- of 2004.’’. partment of Health and Human Services tions under this section’’. Subtitle B—Enhancing Security at Child Care website, a report that contains the following: SEC. ll20. DEFINITIONS. Centers in Federal Facilities ‘‘(A) A summary and analysis of the data (a) ELIGIBLE CHILD.—Section 658P(4) of the and information provided to the Secretary in Child Care and Development Block Grant SEC. ll31. DEFINITIONS. the State reports submitted under sections Act of 1990 (42 U.S.C. 9858n(4)) is amended— In this subtitle: 658E, 658G(c), and 658K. (1) in subparagraph (B), in the matter pre- (1) ADMINISTRATOR.—The term ‘‘Adminis- ‘‘(B) Aggregated statistics on and an anal- ceding clause (i), by striking ‘‘85 percent of trator’’ means the Administrator of General ysis of the supply of, demand for, and quality the State median income for a family of the Services.

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(2) CORRESPONDING CHILD CARE FACILITY.— emergencies (such as emergencies caused by (G) the entering into of contracts with The term ‘‘corresponding child care facil- hazardous materials, a fire, a bomb threat, a local resource and referral or local health de- ity’’, used with respect to the Chief Adminis- power failure, or a natural disaster); partments; trative Officer of the House of Representa- (D) strengthening onsite relationships be- (H) assistance for care for children with tives, the Librarian of Congress, or the head tween security personnel and the personnel disabilities; or of a designated entity in the Senate, means of such a facility, such as by ensuring that (I) assistance for any other activity deter- a child care facility operated by, or under a the post orders of guards reflect responsi- mined appropriate by the State (including contract or licensing agreement with, an of- bility for the facility; loans, grants, investment guarantees, inter- fice of the House of Representatives, the Li- (E) providing specific, clear, and concise est subsidies, or other mechanisms to expand brary of Congress, or an office of the Senate, evacuation instructions for a facility, in- the availability of, and improve the quality respectively. cluding instructions specifying who author- of, employer-operated child care in the (3) ENTITY SPONSORING A CHILD CARE FACIL- izes an evacuation; State). ITY.—The term ‘‘entity sponsoring’’, used (F) providing for good evacuation equip- (2) APPLICATION.—To be eligible to receive with respect to a child care facility, means a ment, especially cribs; and assistance from a State under this section, a Federal agency that operates, or an entity (G) promoting the ability to evacuate consortium shall prepare and submit to the that enters into a contract or licensing without outside assistance; and State an application at such time, in such agreement with a Federal agency to operate, (2) matters relating to relocation sites, manner, and containing such information as a child care facility primarily for the use of such as— the State may require. Federal employees. (A) promoting an informed parent body (3) PREFERENCE.—In providing assistance (4) EXECUTIVE AGENCY.—The term ‘‘Execu- that is knowledgeable about evacuation pro- under this section, a State shall give priority tive agency’’ has the meaning given the term cedures and relocation sites; to a consortium that desires to provide child in section 105 of title 5, United States Code, (B) providing regularly updated parent care in a geographic area within the State except that the term— contact information (regarding matters such where such care is not generally available or (A) does not include the Department of De- as names, locations, electronic mail address- accessible. fense and the Coast Guard; and es, and cell phone and other telephone num- (4) LIMITATION.—With respect to grant (B) includes the General Services Adminis- bers); funds received under this section, a State tration, with respect to the administration (C) establishing remote telephone contact may not provide in excess of $500,000 in as- of a facility described in paragraph (5)(B). for parents, to and from areas that are not sistance from such funds to any single appli- (5) EXECUTIVE FACILITY.—The term ‘‘execu- less than 10 miles from such a facility; and cant. tive facility’’— (D) providing for an alternate site (in addi- (e) MATCHING REQUIREMENT.—To be eligible (A) means a facility that is owned or leased tion to regular sites) in the event of a catas- to receive a grant under this section, a State by an Executive agency; and trophe, which site may include— shall provide assurances to the Secretary (B) includes a facility that is owned or (i) a site that would be an unreasonable that, with respect to the costs to be incurred leased by the General Services Administra- distance from the facility under normal cir- by a consortium receiving assistance from tion on behalf of a judicial office. cumstances; and the State to carry out activities under this (6) FEDERAL AGENCY.—The term ‘‘Federal (ii) a facility with 24-hour operations, such section— agency’’ means an Executive agency, a legis- as a hotel or law school library. (1) the consortium will make available lative office, or a judicial office. non-Federal contributions to such costs in (7) JUDICIAL FACILITY.—The term ‘‘judicial Subtitle C—Removal of Barriers to an amount equal to— facility’’ means a facility that is owned or Increasing the Supply of Quality Child Care (A) for the first fiscal year in which the leased by a judicial office (other than a facil- SEC.ll41. SMALL BUSINESS CHILD CARE GRANT consortium receives such assistance, not less ity that is also a facility described in para- PROGRAM. than 50 percent of such costs; graph (5)(B)). (a) ESTABLISHMENT.—The Secretary of (B) for the second fiscal year in which the (8) JUDICIAL OFFICE.—The term ‘‘judicial of- Health and Human Services (referred to in consortium receives such assistance, not less fice’’ means an entity of the judicial branch 2 this section as the ‘‘Secretary’’) shall estab- than 66 ⁄3 percent of such costs; and of the Federal Government. lish a program to award grants to States, on (C) for the third fiscal year in which the (9) LEGISLATIVE FACILITY.—The term ‘‘leg- a competitive basis, to assist States in pro- consortium receives such assistance, not less islative facility’’ means a facility that is viding funds to encourage the establishment than 75 percent of such costs; and owned or leased by a legislative office. and operation of employer-operated child (2) the consortium will make the contribu- (10) LEGISLATIVE OFFICE.—The term ‘‘legis- care programs. tions available— lative office’’ means an entity of the legisla- (A) directly or through donations from tive branch of the Federal Government. (b) APPLICATION.—To be eligible to receive a grant under this section, a State shall pre- public or private entities; and SEC. ll32. ENHANCING SECURITY. pare and submit to the Secretary an applica- (B) as determined by the State, in cash or (a) COVERAGE.— tion at such time, in such manner, and con- in kind, fairly evaluated, including plant, (1) EXECUTIVE BRANCH.—The Administrator equipment, or services. shall issue the regulations described in sub- taining such information as the Secretary may require, including an assurance that the (f) REQUIREMENTS OF PROVIDERS.—To be el- section (b) for child care facilities, and enti- igible to receive assistance under a grant ties sponsoring child care facilities, in execu- funds required under subsection (e) will be provided. awarded under this section, a child care pro- tive facilities. vider— (2) LEGISLATIVE BRANCH.—The Chief Ad- (c) AMOUNT OF GRANT.—The Secretary (1) who receives assistance from a State ministrative Officer of the House of Rep- shall determine the amount of a grant to a shall comply with all applicable State and resentatives, the Librarian of Congress, and State under this section based on the popu- local licensing and regulatory requirements the head of a designated entity in the Senate lation of the State as compared to the popu- and all applicable health and safety stand- shall issue the regulations described in sub- lation of all States receiving grants under ards in effect in the State; and section (b) for corresponding child care fa- this section. (2) who recieves assistance from an Indian cilities, and entities sponsoring the cor- (d) USE OF FUNDS.— tribe or tribal organization shall comply responding child care facilities, in legislative (1) IN GENERAL.—A State shall use amounts with all applicable regulatory standards. facilities. provided under a grant awarded under this (g) STATE-LEVEL ACTIVITIES.—A State may (3) JUDICIAL BRANCH.—The Director of the section to provide assistance to a consortium not retain more than 3 percent of the Administrative Office of the United States of a small business and other appropriate en- amount described in subsection (c) for State Courts shall issue the regulations described tities located in the State to enable the administration and other State-level activi- in subsection (b) for child care facilities, and small businesses to establish and operate ties. entities sponsoring child care facilities, in child care programs. Such assistance may in- (h) ADMINISTRATION.— judicial facilities. clude— (1) STATE RESPONSIBILITY.—A State shall (b) REGULATIONS.—The officers and des- (A) the acquisition, construction, renova- have responsibility for administering a grant ignated entity described in subsection (a) tion, and operation of child care facilities awarded for the State under this section and shall issue regulations that concern— and equipment; for monitoring consortia that receive assist- (1) matters relating to an occupant emer- (B) technical assistance in the establish- ance under such grant. gency plan and evacuations, such as— ment of a child care program; (2) AUDITS.—A State shall require each (A) providing for building security com- (C) assistance for the startup costs related consortium receiving assistance under a mittee membership for each director of a to a child care program; grant awarded under this section to conduct child care facility described in subsection (D) assistance for the training of child care an annual audit with respect to the activi- (a); providers; ties of the consortium. Such audits shall be (B) establishing a separate section in an (E) scholarships for low-income wage earn- submitted to the State. occupant emergency plan for each such facil- ers; (3) MISUSE OF FUNDS.— ity; (F) the provision of services to care for (A) REPAYMENT.—If the State determines, (C) promoting familiarity with procedures sick children or to provide care to school- through an audit or otherwise, that a consor- and evacuation routes for different types of aged children; tium receiving assistance under a grant

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3477 awarded under this section has misused the the term appears), (d)(3) (the second place United States and the Government of Palau, assistance, the State shall notify the Sec- the term appears), and (i)(1)(A)(i). approved by Congress in Public Law 99–658 retary of the misuse. The Secretary, upon (3) STATE-LEVEL ACTIVITIES.—The term (100 Stat. 3672).’’. such a notification, may seek from such a ‘‘State-level activities’’ includes activities (b) MEDICAID AND TANF EXCEPTIONS.—Sec- consortium the repayment of an amount at the tribal level. tion 402(b)(2) of the Personal Responsibility equal to the amount of any such misused as- (l) AUTHORIZATION OF APPROPRIATIONS.— and Work Opportunity Reconciliation Act of sistance plus interest. (1) IN GENERAL.—There is authorized to be 1996 (8 U.S.C. 1612(b)(2)) is amended by adding (B) APPEALS PROCESS.—The Secretary shall appropriated to carry out this section, at the end the following: by regulation provide for an appeals process $30,000,000 for the period of fiscal years 2005 ‘‘(G) MEDICAID EXCEPTION FOR CITIZENS OF with respect to repayments under this para- through 2009. FREELY ASSOCIATED STATES.—With respect to graph. (2) EVALUATIONS AND ADMINISTRATION.— eligibility for benefits for the program de- (i) REPORTING REQUIREMENTS.— With respect to the total amount appro- fined in paragraph (3)(C) (relating to the (1) 2-YEAR STUDY.— priated for such period in accordance with medicaid program), section 401(a) and para- (A) IN GENERAL.—Not later than 2 years this subsection, not more than $2,500,000 of graph (1) shall not apply to any individual after the date on which the Secretary first that amount may be used for expenditures who lawfully resides in the United States awards grants under this section, the Sec- related to conducting evaluations required (including territories and possessions of the retary shall conduct a study to determine— under, and the administration of, this sec- United States) in accordance with a Compact (i) the capacity of consortia to meet the tion. of Free Association referred to in section child care needs of communities within (m) TERMINATION OF PROGRAM.—The pro- 402(a)(2)(M). States; gram established under subsection (a) shall ‘‘(H) TANF EXCEPTION FOR CITIZENS OF (ii) the kinds of consortia that are being terminate on September 30, 2010. FREELY ASSOCIATED STATES.—With respect to formed with respect to child care at the local eligibility for benefits for the program de- level to carry out programs funded under SA 2968. Mr. DOMENICI submitted an fined in paragraph (3)(A) (relating to the this section; and amendment intended to be proposed by temporary assistance for needy families pro- (iii) who is using the programs funded him to the bill H.R. 4, to reauthorize gram), section 401(a) and paragraph (1) shall under this section and the income levels of and improve the program of block not apply to any individual who lawfully re- such individuals. grants to States for temporary assist- sides in the United States (including terri- (B) REPORT.—Not later than 28 months ance for needy families, improve access tories and possessions of the United States) after the date on which the Secretary first to quality child care, and for other pur- in accordance with a Compact of Free Asso- awards grants under this section, the Sec- ciation referred to in section 402(a)(2)(M).’’. poses; which was ordered to lie on the retary shall prepare and submit to the appro- (c) QUALIFIED ALIEN.—Section 431(b) of the priate committees of Congress a report on table; as follows: Personal Responsibility and Work Oppor- the results of the study conducted in accord- On page 181, between lines 7 and 8, insert tunity Reconciliation Act of 1996 (8 U.S.C. ance with subparagraph (A). the following: 1641(b)) is amended— (2) 4-YEAR STUDY.— (e) AUTHORITY TO USE FUNDS FOR CERTAIN (1) in paragraph (6), by striking ‘‘or’’ at the (A) IN GENERAL.—Not later than 4 years EDUCATION AND TRAINING.—Section 404 (42 end; after the date on which the Secretary first U.S.C. 604), as amended by subsection (d) is (2) in paragraph (7), by striking the period awards grants under this section, the Sec- amended by adding at the end the following: at the end and inserting ‘‘; or’’; and retary shall conduct a study to determine ‘‘(m) AUTHORITY TO USE FUNDS FOR CER- (3) by adding at the end the following: the number of child care facilities that are TAIN EDUCATION AND TRAINING.—A State to ‘‘(8) an individual who lawfully resides in funded through consortia that received as- which a grant is made under section 403 may the United States (including territories and sistance through a grant awarded under this use the grant to provide education and train- possessions of the United States) in accord- section and that remain in operation and the ing to support adult recipients in self-em- ance with a Compact of Free Association re- extent to which such facilities are meeting ployment activities.’’. ferred to in section 402(a)(2)(M).’’. the child care needs of the individuals served Mr. AKAKA submitted an by such facilities. SA 2969. SA 2970. Mr. BAUCUS (for himself, (B) REPORT.—Not later than 52 months amendment intended to be proposed by Mr. HARKIN, and Mr. CARPER) sub- after the date on which the Secretary first him to the bill H.R. 4, to reauthorize mitted an amendment intended to be awards grants under this section, the Sec- and improve the program of block retary shall prepare and submit to the appro- proposed by him to the bill H.R. 4, to grants to States for temporary assist- reauthorize and improve the program priate committees of Congress a report on ance for needy families, improve access the results of the study conducted in accord- of block grants to States for temporary ance with subparagraph (A). to quality child care, and for other pur- assistance for needy families, improve poses; which was ordered to lie on the (j) DEFINITIONS.—In this section: access to quality child care, and for (1) CONSORTIUM.—The term ‘‘consortium’’ table; as follows: other purposes; which was ordered to means 2 or more entities that— On page 295, between lines 10 and 11, insert lie on the table; as follows: (A) shall include at least 1 small business; the following: Beginning on page 152, strike line 1 and all and SEC. 121. EXCEPTION FOR CITIZENS OF FREELY (B) may include other small businesses, ASSOCIATED STATES. that follows through page 157, line 18, and in- nonprofit agencies or community develop- (a) GENERAL.—Section 402(a)(2) of the Per- sert the following: ment corporations, local governments, or sonal Responsibility and Work Opportunity SEC. 103. HEALTHY MARRIAGE PROMOTION other appropriate entities. Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) GRANTS. (2) INDIAN COMMUNITY.—The term ‘‘Indian is amended by adding at the end the fol- (a) IN GENERAL.—Section 403(a)(2) (42 community’’ means a community served by lowing U.S.C. 603(a)(2)) is amended to read as fol- an Indian tribe or tribal organization. ‘‘(M) EXCEPTION FOR CITIZENS OF FREELY lows: (3) INDIAN TRIBE; TRIBAL ORGANIZATION.— ASSOCIATED STATES.—With respect to eligi- ‘‘(2) HEALTHY MARRIAGE PROMOTION The terms ‘‘Indian tribe’’ and ‘‘tribal organi- bility for benefits for the specified Federal GRANTS.— zation’’ have the meanings given the terms programs described in subparagraphs (A) and ‘‘(A) AUTHORITY.— in section 658T of the Child Care and Devel- (B) of paragraph (3), paragraph (1) shall not ‘‘(i) IN GENERAL.—From the amount appro- opment Block Grant Act of 1990 (42 U.S.C. apply to any individual who lawfully resides priated under subparagraph (F) for a fiscal 9858n). in the United States (including territories year and remaining after the application of (4) SMALL BUSINESS.—The term ‘‘small and possessions of the United States) in ac- clauses (ii), (iii), and (iv) of this subpara- business’’ means an employer who employed cordance with— graph and subparagraph (E)(iii), the Sec- an average of at least 2 but not more than 50 ‘‘(i) section 141 of the Compact of Free As- retary shall pay each State that satisfies the employees on business days during the pre- sociation between the Government of the requirements of subparagraph (D), a grant ceding calendar year. United States and the Government of the equal to the product of— (k) APPLICATION TO INDIAN TRIBES AND Federated States of Micronesia, approved by ‘‘(I) such amount; and TRIBAL ORGANIZATIONS.—In this section: Congress in the Compact of Free Association ‘‘(II) the ratio (expressed as a percentage) (1) IN GENERAL.—Except as provided in sub- Amendments Act of 2003; of— section (f)(1), and in paragraphs (2) and (3), ‘‘(ii) section 141 of the Compact of Free As- ‘‘(aa) the population of the State for the the term ‘‘State’’ includes an Indian tribe or sociation between the Government of the most recent year for which data is available; tribal organization. United States and the Government of the Re- to (2) GEOGRAPHIC REFERENCES.—The term public of the Marshall Islands, approved by ‘‘(bb) the population of all States for such ‘‘State’’ includes an Indian community in Congress in the Compact of Free Association year. subsections (c) (the second and third place Amendments Act of 2003; or ‘‘(ii) REQUIREMENT.—No State shall be paid the term appears), (d)(1) (the second place ‘‘(iii) section 141 of the Compact of Free a grant for a fiscal year under this paragraph the term appears), (d)(1)(I) (the second place Association between the Government of the that is less than $1,000,000.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3478 CONGRESSIONAL RECORD — SENATE March 31, 2004

‘‘(iii) INDIAN TRIBES.—From the amount ap- that replicate or adapt the Iowa Family De- ‘‘(I) the programs and activities supported propriated under subparagraph (F) for a fis- velopment and Self-Sufficiency Program and by grants made under this paragraph; and cal year, the Secretary shall set aside an the demonstration program known as the ‘‘(II) the results of such programs and ac- amount equal to 2 percent of such amount Minnesota Family Investment Program). tivities. for making grants to Indian tribes that sat- ‘‘(III) The Secretary shall give preference ‘‘(G) APPROPRIATION.—Out of any money in isfy the requirements of subparagraph (D). in making awards under this paragraph to the Treasury of the United States not other- ‘‘(iv) TERRITORIES.— programs described in this clause. wise appropriated, there is appropriated for ‘‘(I) IN GENERAL.—From the amount appro- ‘‘(vii) Teen pregnancy prevention pro- each of fiscal years 2004 through 2008, priated under subparagraph (F) for a fiscal grams. $200,000,000 for purposes of carrying out this year, the Secretary shall set aside $1,000,000 ‘‘(viii) Development and dissemination of paragraph.’’. of such amount for purposes of making best practices for addressing domestic and (b) ELIMINATION OF FUNDING FOR RESEARCH, grants to territories described in subclause sexual violence as a barrier to economic se- DEMONSTRATIONS, AND TECHNICAL ASSIST- (III) that satisfy the requirements of sub- curity, including caseworker training, tech- ANCE.—Notwithstanding any other provision paragraph (D). nical assistance, and voluntary services for of law, section 413 of the Social Security Act ‘‘(II) AMOUNT OF GRANT.—The amount of a victims. (42 U.S.C. 613) shall be applied without re- grant made under this clause for a fiscal ‘‘(ix) Responsible fatherhood programs. gard to the amendment made by section year is equal to the product of— 114(a) of this Act. ‘‘(D) REQUIREMENTS FOR RECEIPT OF PAY- ‘‘(aa) $1,000,000; and MENT.—The Secretary may not make a grant ‘‘(bb) the ratio (expressed as a percentage) SA 2971. Mr. BAUCUS (for himself, to a State or Indian tribe under this para- of the population of the territory for the graph unless the State or Indian tribe— Mr. DASCHLE, Mr. LAUTENBERG, Mr. most recent year for which data is available ‘‘(i) consults with national, State, local, or GRAHAM of Florida, Mr. KENNEDY, and to the population of all the territories de- tribal organizations with demonstrated ex- Mrs. CLINTON) submitted an amend- scribed in subclause (III) for such year. pertise in working with survivors of domes- ment intended to be proposed by him ‘‘(III) TERRITORY DESCRIBED.—For purposes tic violence; to the bill H.R. 4, to reauthorize and of subclause (I), a territory described in this subclause is Puerto Rico, Guam, the United ‘‘(ii) agrees to participate in the evalua- improve the program of block grants to States Virgin Islands, and American Samoa. tion conducted under subparagraph (E); States for temporary assistance for ‘‘(iii) ensures that each sub-grantee com- ‘‘(B) MATCHING FUNDS.—A State or Indian needy families, improve access to qual- tribe that receives a grant under this para- plies with the requirements of clauses (i) and ity child care, and for other purposes; graph for a fiscal year shall expend at least (ii); ‘‘(iv) provides for a period of public com- which was ordered to lie on the table; $1 in non-Federal funds (in cash or in kind, as follows: fairly valued, including plant, equipment, or ment on the use of funds paid to the State or At the appropriate place, insert the fol- services) for every $4 of funds paid to the Indian tribe under this paragraph; and lowing: State or Indian tribe under this paragraph ‘‘(v) makes all sub-grant applications ap- for the fiscal year. proved by the State or Indian tribe available SEC. ll. DIRECT CONGRESSIONAL ACCESS TO to the public. THE OFFICE OF THE CHIEF ACTU- ‘‘(C) HEALTHY MARRIAGE PROMOTION ACTIVI- ARY IN THE CENTERS FOR MEDI- ‘‘(E) EVALUATION.— TIES.—Funds provided under a grant made CARE & MEDICAID SERVICES. ‘‘(i) IN GENERAL.—The Director of the Na- under this paragraph shall be used for the (a) FINDINGS.—Congress finds the fol- tional Academy of Sciences shall conduct, cost of developing and implementing dem- lowing: directly or through contracts, a rigorous onstration projects to promote stronger fam- (1) In creating the Office of the Actuary in comprehensive evaluation of a representa- ilies, with an emphasis on the promotion of the Health Care Financing Administration tive sample of the programs and activities healthy marriages, through the testing and (now known as the Centers for Medicare & described in subparagraph (C) and carried evaluation of a wide variety of approaches to Medicaid Services) with the enactment of out with funds paid under this paragraph. strengthening families and shall be used to the Balanced Budget Act of 1997, Congress in- The Director shall seek public input on both support any of the following programs or ac- tended that the Office would provide inde- the methods and measures to be used in the tivities: pendent advice and analysis to assist in the evaluation. ‘‘(i) Public advertising campaigns on the development of health care legislation. ‘‘(ii) REQUIRED INFORMATION.—The evalua- value of marriage and the skills needed to in- (2) While the Congressional Budget Office tion conducted under this subparagraph crease marital stability and health. would continue to serve as the official source shall, with respect to each program and ac- ‘‘(ii) Voluntary marriage education and for cost estimates for Congress, Congress tivity described in subparagraph (C), include marriage skills programs for nonmarried created the Office of the Actuary in order to measures of family structure, levels of fam- pregnant women and nonmarried expectant have— ily conflict and violence, and child well- fathers. (A) an additional, independent source for being (including measures of health status, ‘‘(iii) Voluntary premarital education and estimates in the development of health care educational performance, food security, and marriage skills training for engaged couples legislation; and family income). and for couples interested in marriage. (B) access to more detailed actuarial data ‘‘(iii) FUNDING.—$5,000,000 of the amount ‘‘(iv) Voluntary marriage enhancement and and assumptions related to program partici- appropriated under subparagraph (G) for marriage skills training programs for mar- pation, payments, and costs. ried couples. each fiscal year shall be reserved for car- (3) While the joint explanatory statement ‘‘(v) Marriage mentoring programs that rying out the evaluation required under this of the committee of conference contained in use married couples as role models and men- subparagraph. the conference report for the Balanced Budg- tors in at-risk communities. ‘‘(F) REPORTS.— et Act of 1997 provided a clear statement of ‘‘(vi)(I) Programs that offer individuals ‘‘(i) INITIAL REPORT.—Not later than Sep- the Congressional intent described in para- and families with multiple barriers to eco- tember 30, 2007, the Secretary shall submit graphs (1) and (2), Congressional access to nomic self-sufficiency and stability services an initial report to Congress describing the the Office of the Actuary has been inappro- that include community-based comprehen- programs and activities funded under grants priately restricted over the past year. sive, family development services provided made under this paragraph. (b) ACCESS.—Section 1117(b) of the Social by local organizations that have dem- ‘‘(ii) INITIAL EVALUATION FINDINGS.—Not Security Act (42 U.S.C. 1317(b)), as amended onstrated experience and success in admin- later than September 30, 2008, the Director of by section 900(c) of the Medicare Prescrip- istering similar initiatives that encourage the National Academy of Sciences shall sub- tion Drug, Improvement, and Modernization the formation and maintenance of healthy mit a report to Congress describing the ini- Act of 2003 (Public Law 108–173), is amended and economically self-sufficient families. tial findings of the evaluation conducted by adding at the end the following new para- ‘‘(II) Programs under clause (I) shall pro- under subparagraph (E). graphs: vide a mix of comprehensive services and ‘‘(iii) FINAL REPORTS.—Not later than Sep- ‘‘(4)(A) In exercising the duties of the of- supports that further develop the capability tember 30, 2010, the Secretary and the Direc- fice of the Chief Actuary, the Chief Actuary of low-income parents to financially and tor of the National Academy of Sciences shall provide the committees of jurisdiction emotionally support their children by caring shall each submit final reports on the activi- of Congress with independent counsel and for their children independently or in the ties funded under grants made under this technical assistance with respect to the pro- context of mutually respectful, non-violent, paragraph and the evaluation conducted grams under titles XVIII, XIX, and XXI. and voluntary co-parenting relationships, se- under subparagraph (E), respectively. ‘‘(B)(i) The Chief Actuary may directly curing and maintaining employment and ‘‘(iv) GAO.—Not later than September 30, provide Congress with reports, comments on, child care, fulfilling other basic needs such 2008, the Comptroller General of the United and estimates of, the financial effects of po- as housing, hunger, mental health and States shall submit a report to the Chairman tential legislation, and other actuarial infor- health care, adopting appropriate approaches and Ranking Member of the Committee on mation related to the programs described in to income enhancement, and meeting child Ways and Means of the House of Representa- subparagraph (A). support obligations, linkages to community tives and the Chairman and Ranking Mem- ‘‘(ii) No officer or agency of the United resources and other skills that will lead to ber of the Committee on Finance of the Sen- States may require the Chief Actuary to sub- greater family stability (including programs ate describing— mit to any officer or agency of the United

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3479 States for approval, comments, or review, markable success in moving Indians from ‘‘(I) may not award an Indian tribe more prior to the provision to Congress of such re- welfare to work. than 1 grant under this subparagraph per fis- ports, comments, estimates, or other infor- (G) Tribal governments, unlike State gov- cal year; mation. ernments, have not been afforded an oppor- ‘‘(II) shall award grants in such a manner ‘‘(C)(i) Any person who knowingly inter- tunity to administer and fully participate in as to maximize the number of Indian tribes feres with the Chief Actuary in complying the Federal entitlement program for foster that receive grants under this subparagraph; with subparagraph (A) or (B)(i) or who know- care and adoption assistance, a program Con- and ingly violates the requirement under sub- gress recognizes as an important component ‘‘(III) shall consult with Indian tribes lo- paragraph (B)(ii) shall be subject, in addition of welfare services. cated throughout the United States. to any other penalties that may be pre- (H) Welfare reform has not brought enough ‘‘(iv) APPLICATION.—An Indian tribe desir- scribed by law, to a civil monetary penalty change to Indian Country. Welfare reform ing a grant under this subparagraph shall of not more than $250,000 for each violation has not, and will not, succeed unless it ade- submit an application to the Secretary, at involved. quately addresses the unique barriers many such time, in such manner, and containing ‘‘(ii) The provisions of section 1128A (other Indians face in moving from welfare to work. than subsections (a) and (b)) shall apply to a such information as the Secretary may re- (2) FUNDING FOR TRIBAL TANF PROGRAMS.— quire. civil money penalty under clause (i) in the (A) REAUTHORIZATION OF TRIBAL FAMILY AS- ‘‘(v) DEFINITION OF HUMAN SERVICES PRO- same manner as they apply to a civil money SISTANCE GRANTS.—Section 412(a)(1)(A) (42 GRAM INFRASTRUCTURE IMPROVEMENT.—In penalty or proceeding under section 1128A(a). U.S.C. 612(a)(1)(A)), as amended by section ‘‘(5) Beginning in 2005, on the same day the this subparagraph, the term ‘human services 3(h) of the Welfare Reform Extension Act of President submits to Congress the budget of program infrastructure improvement’ in- 2003, is amended by striking ‘‘1997, 1998, 1999, the United States Government for the fol- cludes (but is not limited to) improvement of 2000, 2001, 2002, and 2003’’ and inserting ‘‘2005 lowing fiscal year, the Chief Actuary shall management information systems, manage- through 2009’’. submit to Congress, and publish on the Inter- ment information systems-related training, (B) TRIBAL TANF IMPROVEMENT FUND.—Sec- net website of the Centers for Medicare & equipping offices, and renovating, but not tion 412(a) (42 U.S.C. 612(a)) is amended by Medicaid Services, a report that contains— constructing, buildings, as described in an striking paragraph (2) and inserting the fol- ‘‘(A) the Chief Actuary’s 10-year projec- application for a grant under this subpara- lowing: tions and assumptions with respect to the graph, and subject to approval by the Sec- ‘‘(2) TRIBAL TANF IMPROVEMENT GRANTS.— programs under titles XVIII, XIX, and XXI, retary. ‘‘(A) TRIBAL CAPACITY GRANTS.— based on current-law baselines with respect ‘‘(B) TRIBAL DEVELOPMENT GRANTS.— ‘‘(i) IN GENERAL.—Of the amount appro- to such programs; and priated under subparagraph (D) for the pe- ‘‘(i) IN GENERAL.—Of the amount appro- ‘‘(B) cost estimates for proposed changes to riod of fiscal years 2005 through 2008, priated under subparagraph (D) for the pe- the programs under titles XVIII, XIX, and $35,000,000 shall be used by the Secretary to riod of fiscal years 2005 through 2008, XXI that are contained in such budget sub- award grants for tribal human services pro- $35,000,000 shall be used by the Secretary to mission.’’. gram infrastructure improvement (as defined award, through the Commissioner of the Ad- ministration for Native Americans, grants to Mr. BAUCUS (for himself, in clause (v)) to— SA 2972. ‘‘(I) Indian tribes that have applied for ap- nonprofit organizations, Indian tribes, and Mr. DASCHLE, Mr. JOHNSON, Mr. BINGA- proval of a tribal family assistance plan and tribal organizations to enable such organiza- MAN, Mr. AKAKA, and Mr. INOUYE) sub- that meet the requirements of clause (ii)(I); tions and tribes to provide technical assist- mitted an amendment intended to be ‘‘(II) Indian tribes with an approved tribal ance to Indian tribes and tribal organiza- proposed by him to the bill H.R. 4, to family assistance plan and that meet the re- tions in any or all of the following areas: reauthorize and improve the program quirements of clause (ii)(II); and ‘‘(I) The development and improvement of of block grants to States for temporary ‘‘(III) Indian tribes that have applied for uniform commercial codes. approval of a foster care and adoption assist- ‘‘(II) The creation or expansion of small assistance for needy families, improve business or microenterprise programs. access to quality child care, and for ance program under section 479B or that plan to enter into, or have in place, a tribal-State ‘‘(III) The development and improvement other purposes; which was ordered to cooperative agreement under section 479B(c) of tort liability codes. lie on the table; as follows: and that meet the requirements of clause ‘‘(IV) The creation or expansion of tribal Beginning on page 236, strike line 21 and (ii)(III). marketing efforts. all that follows through page 239, line 8, and ‘‘(ii) PRIORITIES FOR AWARDING OF ‘‘(V) The creation or expansion of for-profit insert the following: GRANTS.—The Secretary shall give priority collaborative business networks. SEC. 113. DIRECT FUNDING AND ADMINISTRA- in awarding grants under this subparagraph ‘‘(VI) The development of innovative uses TION BY INDIAN TRIBES. as follows: of telecommunications to assist with dis- (a) TRIBAL TANF PROGRAMS.— ‘‘(I) First, for grants to Indian tribes that tance learning or telecommuting. (1) FINDINGS.—Congress makes the fol- have applied for approval of a tribal family ‘‘(VII) The development of economic oppor- lowing findings: assistance plan, that have not operated such tunities and job creation in areas of high job- (A) The Federal Government bears a a plan as of the date of enactment of the Per- lessness in Alaska (as defined in section unique trust responsibility for Indian tribes. sonal Responsibility and Individual Develop- 408(a)(7)(D)(ii)). (B) Despite this responsibility, Indians re- ment for Everyone Act that will have such ‘‘(ii) REQUIREMENTS.— main remarkably impoverished. According plan approved, and that include in the plan ‘‘(I) IN GENERAL.—At least an amount equal to the Bureau of the Census, 25.9 percent of submission provisions for tribal human serv- to 10 percent of the total amount of grants American Indians live in poverty, more than ices program infrastructure improvement (as awarded under this subparagraph shall be twice the national poverty rate. The average so defined) and related management infor- awarded to carry out clause (i)(VII). household income for Indians in 2000 was mation systems training. ‘‘(II) CONSULTATION.—In awarding grants only 75 percent of that of the rest of Ameri- ‘‘(II) Second, for Indian tribes with an ap- under this subparagraph the Secretary shall cans. proved tribal family assistance plan that are consult with other Federal agencies with ex- (C) In some States with substantial Indian not described in subclause (I) and that sub- pertise in the areas described in clause (i). populations, the percentage of the welfare mit an addendum to such plan that includes ‘‘(iii) APPLICATION.—A nonprofit organiza- caseload that is made up of Indians has in- provisions for tribal human services program tion, Indian tribe, or tribal organization decreased since the enactment of the Personal infrastructure improvement that includes siring a grant under this subparagraph shall Responsibility and Work Opportunity Rec- implementing or improving management in- submit an application to the Secretary at onciliation Act of 1996 because some Indians formation systems of the tribe (including such time, in such manner, and containing face substantial barriers in their moving management information systems training), such information as the Secretary may re- from welfare to work. as such systems relate to the operation of quire. (D) A General Accounting Office review of the tribal family assistance plan. ‘‘(C) TECHNICAL ASSISTANCE.— data from the Bureau of the Census found ‘‘(III) Third, for Indian tribes that have ap- ‘‘(i) IN GENERAL.—Of the amount appro- that 25 of the 26 counties in the United plied for approval of a foster care and adop- priated under subparagraph (D) for the pe- States with a majority of American Indians tion assistance program under section 479B riod of fiscal years 2005 through 2008, had poverty rates ‘‘significantly’’ higher or that plan to enter into, or have in place, $5,000,000 shall be used by the Secretary for than average. a tribal-State cooperative agreement under making grants, or entering into contracts, to (E) Many Indian tribes are located in iso- section 479B(c) and that include in the plan provide technical assistance to Indian lated rural areas that lack sufficient eco- submission under section 471 (or in an adden- tribes— nomic opportunities, including jobs and eco- dum to such plan) provisions for tribal ‘‘(I) in applying for or carrying out a grant nomic development, transportation services, human services program infrastructure im- made under this paragraph; child care, and other services necessary to provement (as so defined) and related man- ‘‘(II) in applying for or carrying out a trib- ensure a successful transition from welfare agement information systems training. al family assistance plan under this section; to work. ‘‘(iii) OTHER REQUIREMENTS FOR AWARDING or (F) Tribal temporary assistance to needy GRANTS.—In awarding grants under this sub- ‘‘(III) related to best practices and ap- families programs have demonstrated re- paragraph, the Secretary— proaches for State and tribal coordination on

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the transfer of the administration of social ‘‘(A) PURPOSE.—The purpose of this para- ‘‘(II) RESERVATION OF FUNDS FOR PROGRAM services programs to Indian tribes. graph is to support comprehensive services SUPPORT.—The Secretary may reserve an ‘‘(ii) RESERVATION OF FUNDS.—Not less to enable eligible beneficiaries to support amount equal to not more than 1.5 percent of than— themselves through employment without re- the amount appropriated under subclause (I) ‘‘(I) $2,500,000 of the amount described in quiring cash benefits from public assistance for a fiscal year to make grants or enter into clause (i) shall be used by the Secretary to programs for themselves or their families. contracts under clause (ii). support, through grants or contracts, peer- ‘‘(B) STATEMENT OF POLICY.—The programs ‘‘(E) DIRECT SERVICE ACTIVITIES.— learning programs among tribal administra- funded under grants made under this para- ‘‘(i) IN GENERAL.—A recipient of a grant tors; and graph shall be administered in a manner con- made under subparagraph (D)(i) shall use the ‘‘(II) $1,000,000 of such amount shall be used sistent with the principles of the Indian Self- funds provided under the grant to support by the Secretary for making grants to Indian Determination and Education Assistance Act any services which may be useful in pre- tribes to conduct feasibility studies of the (25 U.S.C. 450 et seq.) and the government-to- paring eligible beneficiaries to enter or reen- capacity of Indian tribes to operate tribal government relationship between the Fed- ter the workforce, to retain employment or family assistance plans under this part. eral Government and Indian tribal govern- to advance to positions which may enable ‘‘(D) APPROPRIATION.—Out of any money in ments. the eligible beneficiary and the beneficiary’s the Treasury of the United States not other- ‘‘(C) DEFINITIONS.—In this paragraph: family to become economically self-suffi- wise appropriated, there is appropriated ‘‘(i) ALASKA NATIVE ORGANIZATION.—The cient. $75,000,000 for the period of fiscal years 2005 term ‘Alaska Native organization’ has the ‘‘(ii) SERVICES PERMITTED.—Services pro- through 2008 to carry out this paragraph. meaning given the term ‘Indian tribe’ with vided with funds made available under a Amounts appropriated under this subpara- respect to the State of Alaska in section grant made under subparagraph (D)(i) may graph shall remain available until ex- 419(4)(B). include— pended.’’. ‘‘(ii) DEPARTMENT.—Unless otherwise speci- ‘‘(I) assessment; (C) CONFORMING AMENDMENT.—Section fied, the term ‘Department’ means the De- ‘‘(II) education; 405(a) (42 U.S.C. 605(a)) is amended by strik- partment of Labor. ‘‘(III) job readiness and placement; ing ‘‘section 403’’ and inserting ‘‘sections 403 ‘‘(iii) ELIGIBLE BENEFICIARY.— The term and 412(a)(2)(C)’’. ‘eligible beneficiary’ means— ‘‘(IV) occupational training (including on- the-job training); (3) ELIGIBILITY FOR CONTINGENCY FUND.— ‘‘(I) an individual who is an Indian or Alas- ‘‘(V) work experience; (A) IN GENERAL.—Section 403(b)(1) (42 ka Native receiving or eligible to receive U.S.C. 603(b)(3)), as amended by section cash benefits for the individual or the indi- ‘‘(VI) wage subsidies; 102(a)(1), is amended— vidual’s family under the State program ‘‘(VII) job retention; (i) in subparagraph (A), by striking ‘‘sub- funded under this part, a tribal family assist- ‘‘(VIII) job creation specifically for eligible paragraph (C)’’ and inserting ‘‘subparagraphs ance program under this section, or the Gen- beneficiaries; (C) and (D)’’; eral Assistance program; ‘‘(IX) case management; (ii) by redesignating subparagraphs (D) and ‘‘(II) an individual who is an Indian or ‘‘(X) counseling; (E) as subparagraphs (E) and (F), respec- Alaska Native transitioning from receipt of ‘‘(XI) supportive services, including (but tively; and cash benefits under any such programs to not limited to) child care, transportation, (iii) by inserting after subparagraph (C), employment; mental health and substance abuse treat- the following: ‘‘(III) an individual who is an Indian or ment, and prevention services important to ‘‘(D) PAYMENTS TO INDIAN TRIBES.— Alaska Native with a history of long-term employability; and ‘‘(i) IN GENERAL.—Of the total amount ap- dependence (as defined in clause (v)) on cash ‘‘(XII) counseling and other services to pro- propriated pursuant to subparagraph (F), benefits under any such programs or under mote marriage, discourage teen pregnancies, $25,000,000 of such amount shall be reserved the aid for families with dependent children assist in the formation and stabilization of 2- for making payments to Indian tribes with program under this part (as in effect before parent families, and address situations in- approved tribal family assistance plans that August 22, 1996); volving domestic violence. are operating in situations of increased eco- ‘‘(IV) an individual who is an Indian or ‘‘(iii) RETENTION OF ELIGIBILITY FOR OTHER nomic hardship. Alaska Native who is a non-custodial parent SERVICES.—An eligible beneficiary who re- ‘‘(ii) DETERMINATION OF CRITERIA FOR TRIB- of a minor child receiving, eligible to receives services through funds provided under AL ACCESS.— ceive, or with a history of receiving cash a grant made under subparagraph (D)(i) shall ‘‘(I) IN GENERAL.—Subject to subclause (II), benefits under any such programs, or an in- not be precluded from receiving other serv- the Secretary, in consultation with Indian dividual who has an obligation to provide ices from any State, local, or tribal govern- tribes with approved tribal family assistance support for such children; or ment agency, or any other entity. plans, shall determine the criteria for access ‘‘(V) an individual who is an Indian or ‘‘(iv) DISREGARD.—Income or services re- by Indian tribes to the amount reserved Alaska Native and is a member of a family ceived by an eligible beneficiary under this under clause (i). who is at risk of becoming dependent on cash paragraph shall be disregarded for purposes ‘‘(II) INCLUSION OF CERTAIN FACTORS.—Such benefits under any such programs or who has of determining eligibility for benefits under criteria shall include factors related to in- exhausted eligibility for such benefits be- any means-tested program for which the eli- creases in unemployment and loss of employ- cause of the application of time limits on gibility requirements are established under ers. benefits. Federal law. ‘‘(iii) APPLICATION OF REQUIREMENTS FOR ‘‘(iv) GENERAL ASSISTANCE.—The term ‘‘(F) PROGRAM SUPPORT ACTIVITIES.— PAYMENTS TO STATES.—The Secretary, in ‘General Assistance’ means the General As- ‘‘(i) IN GENERAL.—In order to improve the consultation with Indian tribes with ap- sistance program supported through the Bu- effectiveness of services provided by Indian proved tribal family assistance plans located reau of Indian Affairs in the Department of tribes, tribal organizations, and Alaska Na- throughout the United States, shall deter- the Interior. tive organizations under grants made under mine the extent to which requirements of ‘‘(v) LONG-TERM DEPENDENCE.—The term this paragraph, the Secretary shall support, States for payments from the contingency ‘long-term dependence’ means receipt of cash through grants, contracts, or interagency fund established under this subsection shall benefits under a program referred to in agreements, activities that— apply to Indian tribes receiving payments clause (iii)(III) for at least 24 months, which ‘‘(I) enhance the capacity of Indian tribes, under this subparagraph.’’. need not be consecutive. tribal organizations, and Alaska Native or- (B) CONFORMING AMENDMENTS.—Section ‘‘(vi) SECRETARY.—Unless otherwise speci- ganizations under this section to deliver the 403(b)(1)(B) (42 U.S.C. 603(b)(1)(B)), as so fied, the term ‘Secretary’ means the Sec- services authorized under subparagraph (E); amended, is further amended— retary of Labor. and (i) in the matter preceding clause (i), by ‘‘(D) AUTHORITY TO MAKE GRANTS.— ‘‘(II) test or demonstrate new or improved striking ‘‘subparagraph (D)(i)’’ and inserting ‘‘(i) DIRECT SERVICES.—The Secretary shall methods of providing such services. ‘‘subparagraph (E)(i)’’; make grants to Indian tribes, tribal organi- ‘‘(ii) PREFERENCE.—In awarding grants or (ii) in clause (i), by striking ‘‘subparagraph zations, and Alaska Native organizations on contracts under subparagraph (D)(ii) to carry (D)(ii)’’ and inserting ‘‘subparagraph (E)(ii)’’; the basis of a formula determined in accord- out this subparagraph, the Secretary shall and ance with subparagraph (H)(ii) to carry out implement a preference policy consistent (iii) in clause (ii), by striking ‘‘subpara- the activities described in subparagraph (E). with the terms of section 7(b) of the Indian graph (D)(iii)’’ and inserting ‘‘subparagraph ‘‘(ii) PROGRAM SUPPORT.—The Secretary Self-Determination and Education Assist- (E)(iii)’’. shall, through grants or contracts with enti- ance Act (25 U.S.C. 450e(b)). (4) TRIBAL JOB TRAINING PROGRAMS.— ties, or interagency agreements, carry out ‘‘(G) ADDITIONAL REQUIREMENTS.— (A) TRIBAL EMPLOYMENT SERVICES PRO- the activities described in subparagraph (F). ‘‘(i) DIRECT SERVICE ACTIVITIES.— GRAMS.— ‘‘(iii) APPROPRIATION.— ‘‘(I) AUTHORITY TO CONSOLIDATE FUNDS.—An (i) IN GENERAL.—Section 412(a) (42 U.S.C. ‘‘(I) IN GENERAL.—Out of any money in the Indian tribe, tribal organization, or Alaska 612(a)), as amended by paragraph (2)(B), is Treasury of the United States not otherwise Native organization receiving a grant under amended by adding at the end the following: appropriated, there is appropriated subparagraph (D)(i) may consolidate funds ‘‘(4) GRANTS FOR TRIBAL EMPLOYMENT SERV- $37,000,000 for each of fiscal years 2005 received under the grant with assistance re- ICES PROGRAMS.— through 2009 to carry out this paragraph. ceived from other programs in accordance

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TION ACT OF 1992.—Section 412(a) (42 U.S.C. paragraph (1), in the case of an Indian tribe ‘‘(II) OPTION TO EXCLUDE PARTICIPANTS 612(a)), as amended by subparagraph (A)(i), is that has operated an approved tribal family FROM DETERMINATION OF WORK PARTICIPATION amended by adding at the end the following: assistance plan for at least 9 years, the Sec- RATES.—A State, Indian tribe, or tribal orga- ‘‘(5) APPLICATION OF INDIAN EMPLOYMENT, retary shall approve, at the request of such nization may exclude individuals partici- TRAINING, AND RELATED SERVICES DEMONSTRA- Indian tribe, a 6-year tribal family assist- pating in a direct services program funded TION ACT OF 1992.—Notwithstanding any other ance plan submitted by such Indian tribe under a grant made under subparagraph provision of law, if an Indian tribe elects to that otherwise satisfies the requirements of (D)(i) for a month from the calculation of the incorporate the services it provides under paragraph (1).’’. work participation rate for the State or tribe this part into a plan under section 6 of the (6) AREAS WITH HIGH JOBLESSNESS.—Section for such month. Indian Employment, Training, and Related 408(a)(7)(D) (42 U.S.C. 608(a)(7)(D)) is amend- ‘‘(ii) APPLICABLE RULES.—Any amount paid Services Demonstration Act of 1992 (25 U.S.C. ed— to an Indian tribe, tribal organization, or 3405), the programs authorized to be con- (A) in the subparagraph heading, by strik- Alaska Native organization under this part ducted with grants made under this part ing ‘‘BY ADULT’’ and all that follows through that is used to carry out the activities de- shall be— ‘‘UNEMPLOYMENT’’ and inserting ‘‘IN AREAS OF scribed in subparagraph (E) or (F) shall not INDIAN COUNTRY OR AN ALASKAN NATIVE VIL- ‘‘(A) considered to be programs subject to be subject to the requirements of this part, LAGE WITH HIGH JOBLESSNESS’’; and section 5 of the Indian Employment, Train- but shall be subject to the requirements (B) in clause (i)— ing, and Related Services Demonstration Act specified in the regulations required under (i) by striking ‘‘In’’ and inserting ‘‘Subject of 1992 (25 U.S.C. 3404); and subparagraph (H)(iii), and the expenditure of to clauses (ii) and (iii), in’’; and ‘‘(B) subject to the single plan and single any amount so used shall not be considered (ii) by striking ‘‘50 percent’’ and all that budget requirements of section 6 of that Act to be an expenditure under this part. follows through the period and inserting ‘‘20 (25 U.S.C. 3405) and the single report format ‘‘(iii) AVAILABILITY OF FUNDS.—Funds pro- percent of the adults who were living in In- vided to a recipient of a grant or contract required under section 11 of that Act (25 dian country were jobless.’’; under subparagraph (D)(ii) shall remain U.S.C. 3410).’’. (C) by redesignating clause (ii) as clause available for obligation for 2 succeeding fis- (5) TRIBAL FAMILY ASSISTANCE PLANS.— (iv); and cal years after the fiscal year in which the (A) EQUITABLE ACCESS.—Section 412(b)(1) (D) by inserting after clause (i), the fol- grant is made or the contract is entered into. (42 U.S.C. 612(b)(1)), as amended by section lowing: ‘‘(H) PROGRAM ADMINISTRATION.— 101(c), is amended— ‘‘(ii) ALASKAN NATIVE VILLAGE.—With re- ‘‘(i) DESIGNATION OF OFFICE WITH PRIMARY (i) in subparagraph (F), by striking ‘‘and’’ spect to an Alaskan Native village, this sub- RESPONSIBILITY.—The Secretary shall des- at the end; paragraph shall be applied— ignate a single organizational unit within (ii) in subparagraph (G), by striking the pe- ‘‘(I) in clause (i), by substituting ‘50 per- the Department that shall have as its pri- riod and inserting ‘‘; and’’; and cent of the adults living in in the village mary responsibility the administration of (iii) by adding at the end the following: were not employed’ for ‘20 percent of the the activities authorized under this para- ‘‘(H) describes how the Indian tribe will en- adults who were living in Indian country graph and of any related Indian programs ad- sure equitable access to benefits and services were jobless’; and ministered by the Department. provided under the plan for each member of ‘‘(II) without regard to clause (iii). ‘‘(ii) CONSULTATION.— the population to be served by the plan.’’. ‘‘(iii) REQUIREMENT.—A month may only be ‘‘(I) IN GENERAL.—The Secretary shall con- (B) CONSULTATION BETWEEN STATES AND IN- disregarded under clause (i) with respect to sult with Indian tribes and tribal organiza- DIAN TRIBES OR OTHER INDIANS RESIDING ON A an adult recipient described in that clause if tions eligible to administer activities au- RESERVATION.— the adult is in compliance with program re- thorized under this paragraph that are lo- (i) STATE PLAN REQUIREMENT.—Section quirements.’’. cated throughout the United States on all 402(a)(5) (42 U.S.C. 602(a)(5)) is amended to (7) ADVISORY COMMITTEE ON THE STATUS OF aspects of the operation and administration read as follows: INDIANS WHO DO NOT RESIDE IN INDIAN COUN- of such activities, including the promulga- ‘‘(5) CERTIFICATION THAT THE STATE WILL TRY.— tion of regulations, the design of a formula PROVIDE INDIANS WITH EQUITABLE ACCESS TO (A) IN GENERAL.—The Secretary of Health for the allocation of funds among Indian ASSISTANCE.— and Human Services shall convene an advi- tribes and tribal organizations, and the im- ‘‘(A) IN GENERAL.—A certification by the sory committee on the status of Indians who plementation of program support activities chief executive officer of the State that, dur- do not reside in Indian country (as defined in described in subparagraph (F). ing the fiscal year, the State will— section 1151 of title 18, United States Code). ‘‘(II) ADVISORY COMMITTEE.—The Secretary ‘‘(i) subject to subparagraph (B), consult (B) DUTIES.—The committee established may utilize a broadly based advisory com- with Indian tribes located within the State under clause (i) shall make recommenda- mittee whose members are nominated by In- regarding the State plan in an effort to en- tions regarding how to ensure that Indians dian tribes and tribal organizations eligible sure equitable access to benefits or services who do not reside in Indian country (as so to administer activities authorized under provided under the plan for any member of defined) receive appropriate assistance under this paragraph as part of the consultation re- such a tribe who is not eligible for assistance the temporary assistance to needy families quired under subclause (I), except that the under a tribal family assistance plan ap- program under part A of title IV of the So- consultation process shall not be limited to proved under section 412; and cial Security Act (42 U.S.C. 601 et seq.) and discussions with such committee. ‘‘(ii) provide each member of an Indian other publicly funded assistance programs. ‘‘(iii) REGULATIONS.—The Secretary may tribe, who is domiciled in the State and is (C) MEMBERSHIP.— issue regulations for the conduct of activi- not eligible for assistance under a tribal (i) IN GENERAL.—The committee estab- ties under this paragraph. All requirements family assistance plan approved under sec- lished under clause (i) shall include rep- imposed by such regulations, including re- tion 412, with equitable access to assistance resentatives of— porting requirements, shall take into full under the State program funded under this (I) Federal, State, and tribal governments; consideration tribal circumstances and con- part attributable to funds provided by the and ditions.’’. Federal Government. (II) Indians who do not reside in Indian (ii) TRANSITION FROM OTHER TANF INDIAN ‘‘(B) EXCEPTION.—Clause (i) of subpara- country (as so defined). EMPLOYMENT PROGRAMS.— graph (A) shall not apply to the State of (ii) MAJORITY.—A majority of the members (I) IN GENERAL.—Subject to subclause (II), Alaska.’’. of such committee shall be representatives the Secretary of Health and Human Services (ii) TRIBAL FAMILY ASSISTANCE PLAN RE- of Indians who do not reside in Indian coun- shall provide for an orderly close-out of ac- QUIREMENT.—Section 412(b)(1) (42 U.S.C. try (as so defined). tivities under the work program authorized 612(b)(1)), as amended by subparagraph (A), is (8) GAO STUDY AND REPORT.— in section 412(a)(2) of the Social Security Act amended— (A) STUDY.—The Comptroller General of (42 U.S.C. 612(a)(2)) (commonly referred to as (I) in subparagraph (G), by striking ‘‘and’’ the United States shall conduct a study of the ‘‘Native Employment Works program’’ or at the end; the demographics of Indians who do not— the ‘‘NEW’’ program) as such section is in ef- (II) in subparagraph (H), by striking the (i) reside in Indian country (as defined in fect on September 30, 2003. period and inserting ‘‘; and’’; and section 1151 of title 18, United States Code); (ii) REQUIREMENT.—In closing out the ac- (III) by adding at the end the following: (ii) reside in Alaska; or tivities referred to in clause (i), the Sec- ‘‘(I) provides that the Indian tribe will con- (iii) receive assistance under a tribal fam- retary of Health and Human Services shall sult with each State in which a service area ily assistance plan under section 412 of the provide that grantees under a program re- of the plan is located on the operation of the Social Security Act (42 U.S.C. 612). ferred to in that subparagraph shall be per- plan and the provision of assistance or serv- (B) REQUIREMENT.—The study conducted mitted to provide services through June 30, ices to families under the plan.’’. under subparagraph (A) shall include eco- 2005, and shall be permitted to spend funds (C) AUTHORITY FOR CERTAIN TRIBES TO OPER- nomic and health information regarding the on administrative activities related to the ATEA6-YEAR PLAN.—Section 412(b) (42 U.S.C. Indians described in that paragraph, as well

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as information regarding the access of all In- ‘‘(B) ADMINISTRATIVE EXPENDITURES.—The to carry out activities described in para- dians to benefits or services available under Secretary shall, by regulation, determine the graph (2) to help children of Indian families non-tribal publicly funded programs serving proportions to be paid to Indian tribes and receiving assistance under the temporary as- low-income families. tribal organizations pursuant to section sistance to needy families program under (C) REPORT.—Not later than June 30, 2005, 474(a)(3), except that in no case shall an In- part A of title IV of the Social Security Act the Comptroller General shall submit to dian tribe or tribal organization receive a (42 U.S.C. 601 et seq.) (in this subsection re- Congress a report on the study conducted lesser proportion than the corresponding ferred to as ‘‘TANF’’) obtain a secondary under subparagraph (A). amount specified for a State in that section. school diploma or its recognized equivalent. (b) AUTHORITY OF INDIAN TRIBES TO RE- ‘‘(C) SOURCES OF NON-FEDERAL SHARE.—An (C) CRITERIA FOR AWARDING GRANTS.— CEIVE FEDERAL FUNDS FOR FOSTER CARE AND Indian tribe or tribal organization may use (i) CONSULTATION WITH INDIAN TRIBES.—The ADOPTION ASSISTANCE.— Federal or State funds to match payments Secretary of Health and Human Services (1) CHILDREN PLACED IN TRIBAL CUSTODY EL- for which the Indian tribe or tribal organiza- shall consult with Indian tribes regarding IGIBLE FOR FOSTER CARE FUNDING.—Section tion is eligible under section 474. the establishment of criteria for awarding 472(a)(2) (42 U.S.C. 672(a)(2)) is amended— ‘‘(3) MODIFICATION OF OTHER REQUIRE- grants under this subsection. (A) by striking ‘‘or (B)’’ and inserting MENTS.—Upon the request of an Indian tribe, (ii) PRIORITY.—The criteria established ‘‘(B)’’; and tribal organization, or a consortia of tribes under clause (i) shall require the Secretary (B) by inserting before the semicolon the or tribal organizations, the Secretary may of Health and Human Services to give pri- following: ‘‘, or (C) an Indian tribe or tribal modify any requirement under this part if, ority to awarding grants to those Indian organization (as defined in section 479B(e)) after consulting with the Indian tribe, tribal tribes applying that have the highest per- or an intertribal consortium if the Indian organization, or consortia of tribes or tribal centages of individuals that have not ob- tribe, tribal organization, or consortium is organizations, the Secretary determines that tained a secondary school diploma or its rec- not operating a program pursuant to section modification of the requirement would ad- ognized equivalent. 479B and (i) has a cooperative agreement vance the best interests and the safety of (D) STATE PARTNERSHIPS.—An Indian tribe with a State pursuant to section 479B(c) or children served by the Indian tribe, tribal or- awarded a grant under this subsection may (ii) submits to the Secretary a description of ganization, or consortia of tribes or tribal enter into a partnership with a State, a local the arrangements (jointly developed or de- organizations. educational agency, or a private elementary veloped in consultation with the State) made ‘‘(4) CONSORTIUM.—The participating In- or secondary school to carry out the activi- by the Indian tribe, tribal organization, or dian tribes or tribal organizations of an ties described in paragraph (2). consortium for the payment of funds and the intertribal consortium may develop and sub- (E) DEFINITION OF CHILD.—In this sub- provision of the child welfare services and mit a single plan under section 471 that section, the term ‘‘child’’ means an indi- protections required by this title’’. meets the requirements of this section. vidual who has not attained age 21. (2) PROGRAMS OPERATED BY INDIAN TRIBAL ‘‘(c) COOPERATIVE AGREEMENTS.—An Indian (2) ACTIVITIES DESCRIBED.—The activities ORGANIZATIONS.—Part E of title IV (42 U.S.C. tribe, tribal organization, or intertribal con- described in this paragraph include— 670 et seq.) is amended by adding at the end sortium and a State may enter into a cooper- (A) mentoring activities; the following: ative agreement for the administration or (B) tutoring activities; ‘‘SEC. 479B. PROGRAMS OPERATED BY INDIAN payment of funds pursuant to this part. In (C) adjusting requirements applicable to TRIBAL ORGANIZATIONS. any case where an Indian tribe, tribal orga- the child or family under TANF; nization, or intertribal consortium and a ‘‘(a) APPLICATION.—Except as provided in (D) teen pregnancy prevention activities; subsection (b), this part shall apply to an In- State enter into a cooperative agreement and dian tribe or tribal organization that elects that incorporates any of the provisions of (E) any other activities approved by the to operate a program under this part in the this section, those provisions shall be valid Secretary of Health and Human Services and enforceable. Any such cooperative agree- same manner as this part applies to a State. that are related to achieving the purpose de- ment that is in effect as of the date of enact- ‘‘(b) MODIFICATION OF PLAN REQUIRE- scribed in paragraph (1)(B)(ii). ment of this section, shall remain in full MENTS.— (3) EVALUATION AND REPORT.— force and effect subject to the right of either ‘‘(1) SERVICE AREA; STANDARDS.— (A) IN GENERAL.—Of the amount appro- party to the agreement to revoke or modify ‘‘(A) IN GENERAL.—Subject to subparagraph priated under paragraph (4) for fiscal year the agreement pursuant to the terms of the (B), in the case of an Indian tribe or tribal 2006, $1,000,000 shall be reserved by the Sec- agreement. organization submitting a plan for approval retary of Health and Human Services for the ‘‘(d) REGULATIONS.—Not later than 1 year purpose of conducting, through grant, con- under section 471, the plan shall— after the date of enactment of this section, ‘‘(i) in lieu of the requirement of section tract, or interagency agreement, an evalua- the Secretary shall, in full consultation with tion of the activities carried out under 471(a)(3), identify the service area or areas Indian tribes and tribal organizations, pro- grants awarded under this subsection. and population to be served by the Indian mulgate regulations to carry out this sec- (B) REPORT.—The Secretary of Health and tribe or tribal organization; and tion. Human Services shall submit a report to ‘‘(ii) in lieu of the requirement of section ‘‘(e) DEFINITIONS OF INDIAN TRIBE; TRIBAL Congress on the evaluation conducted under 471(a)(10), provide for the approval of foster ORGANIZATIONS.—In this section, the terms homes pursuant to tribal standards and in a ‘Indian tribe’ and ‘tribal organization’ have subparagraph (A). manner that ensures the safety of, and ac- the meanings given those terms in sub- (4) AUTHORIZATION OF APPROPRIATIONS.— countability for, children placed in foster sections (e) and (l) of section 4 of the Indian There are authorized to be appropriated to care. Self-Determination and Education Assist- the Secretary of Health and Human Services ‘‘(B) SPECIAL RULE.—With respect to an In- ance Act (25 U.S.C. 450b), respectively, except to carry out this subsection, $20,000,000 for dian tribe located in the State of Alaska— that, with respect to the State of Alaska, the each of fiscal years 2006 through 2009. ‘‘(i) clause (ii) of subparagraph (A) shall term ‘Indian tribe’ has the meaning given not apply; and that term in section 419(4)(B).’’. SA 2973. Mr. SANTORUM submitted ‘‘(ii) the requirement of section 471(a)(10) (3) EFFECTIVE DATE.—The amendments an amendment intended to be proposed shall apply to a plan submitted by such made by this subsection take effect on Octo- by him to the bill H.R. 4, to reauthor- tribe. ber 1, 2005, without regard to whether regula- ize and improve the program of block ‘‘(2) DETERMINATION OF FEDERAL SHARE.— tions to implement such amendments have ‘‘(A) PER CAPITA INCOME.— been promulgated as of such date. grants to States for temporary assist- ‘‘(i) IN GENERAL.—For purposes of deter- (c) BREAK THE CYCLE DEMONSTRATION ance for needy families, improve access mining the Federal medical assistance per- GRANTS.— to quality child care, and for other pur- centage applicable to an Indian tribe or trib- (1) AUTHORITY TO AWARD GRANTS.— poses; which was ordered to lie on the al organization under paragraphs (1) and (2) (A) IN GENERAL.—The Secretary of Health table; as follows: of section 474(a), the calculation of an Indian and Human Services, in consultation with tribe’s or tribal organization’s per capita in- the Secretary of Education, shall award On page 217, between lines 9 and 10, insert come shall be based upon the service popu- grants to up to 10 Indian tribes (as defined in the following: lation of the Indian tribe or tribal organiza- section 4 of the Indian Self-Determination (g) WORK ACTIVITIES.— tion as defined in its plan in accordance with and Education Assistance Act (25 U.S.C. (1) IN GENERAL.—Section 407(d) (42 U.S.C. paragraph (1)(A). 450b)) to carry out the activities described in 607(d)) is amended— ‘‘(ii) CONSIDERATION OF OTHER INFORMA- paragraph (2). (A) in paragraph (11), by striking ‘‘and’’ at TION.—An Indian tribe or tribal organization (B) APPLICATION.—An Indian tribe desiring the end: may submit to the Secretary such informa- a grant under this subsection shall submit— (B) in paragraph (12), by striking the pe- tion as the Indian tribe or tribal organiza- (i) an application to the Secretary of riod and inserting ‘‘; and’’; and tion considers relevant to the calculation of Health and Human Services, at such time, in (C) by adding at the end the following: the per capita income of the Indian tribe or such manner, and containing such informa- ‘‘(13) marriage education, marriage skills tribal organization, and the Secretary shall tion as the Secretary may require; and training, conflict resolution counseling in consider such information before making the (ii) a plan outlining how the tribe intends the context of marriage, and participation in calculation. to use funds made available under the grant programs that promote marriage.’’.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3483

(2) CONFORMING AMENDMENT.—Section islation enacted into law that reauthorizes At the appropriate place, insert the fol- 407(c)(1)(B) (42 U.S.C. 607(c)(1)(B)), as amend- TANF— lowing: ed by subsection (f), is amended by striking (A) should not increase hours of required SEC. ll. YOUTH PREGNANCY PREVENTION. ‘‘or (11)’’ and inserting ‘‘(11), or (13)’’. program participation for families beyond Part P of title III of the Public Health the hours specified in the PRIDE Act; and Service Act (42 U.S.C. 280g et seq.) is amend- SA 2974. Mrs. LINCOLN submitted an (B) should provide States with the flexi- ed by adding at the end the following: amendment intended to be proposed by bility they need in determining appropriate ‘‘SEC. 399O. YOUTH PREGNANCY PREVENTION. her to the bill H.R. 4, to reauthorize hours of program participation for families ‘‘(a) AT-RISK TEEN PREGNANCY PREVENTION and improve the program of block with young children to ensure that program GRANTS.— grants to States for temporary assist- requirements are consistent with family re- ‘‘(1) IN GENERAL.—The Secretary shall ance for needy families, improve access sponsibilities and available resources. award grants to eligible entities to enable to quality child care, and for other pur- such entities to carry out teenage pregnancy Mrs. LINCOLN submitted an poses; which was ordered to lie on the SA 2975. prevention activities that are targeted at areas with large ethnic minorities and other table; as follows: amendment intended to be proposed by her to the bill H.R. 4, to reauthorize youth at-risk of becoming pregnant. On page 217, between lines 9 and 10, insert ‘‘(2) ELIGIBILITY.—To be eligible to receive the following: and improve the program of block grants to States for temporary assist- a grant under paragraph (1), an entity shall— (g) SENSE OF THE SENATE.— ‘‘(A) be a State or local government or a (1) FINDINGS.—The Senate makes the fol- ance for needy families, improve access private nonprofit entity; and lowing findings: to quality child care, and for other pur- ‘‘(B) prepare and submit to the Secretary (A) Under current law in the temporary as- poses; which was ordered to lie on the an application at such time, in such manner, sistance for needy families program estab- table; as follows: and containing such information as the Sec- lished under part A of title IV of the Social retary may require. Security Act (42 U.S.C. 601 et seq.) (in this Beginning on page 184, strike line 6 and all ‘‘(3) ELIGIBLE ACTIVITIES.—Activities car- subsection referred to as ‘‘TANF’’), a single that follows through page 185, line 4, and in- ried out under a grant under this subsection parent with a child under age 6 must partici- sert the following: may include— pate in work-related activities for at least 20 (c) LIMITATION ON REDUCTION OF PARTICIPA- ‘‘(A) youth development for adolescents; hours a week to count toward program par- TION RATE THROUGH APPLICATION OF CRED- ‘‘(B) work-related interventions and other ticipation rates. Other single parents must ITS.— educational activities; participate for at least 30 hours a week in (1) IN GENERAL.—Section 407(a) (42 U.S.C. order to count toward participation rates. 607(b)), as amended by subsection (b), is ‘‘(C) parental involvement; (B) Under current program rules, States amended by adding at the end the following: ‘‘(D) teenage outreach; and have been very successful in increasing em- ‘‘(2) LIMITATION ON REDUCTION OF PARTICI- ‘‘(E) clinical services. ‘‘(b) MULTIMEDIA PUBLIC AWARENESS AND ployment among families receiving welfare. PATION RATE THROUGH APPLICATION OF CRED- OUTREACH GRANTS.— Between 1994 and 2002, the nation’s caseload ITS.— ‘‘(1) IN GENERAL.—The Secretary shall fell from 5,000,000 to 2,000,000 families and ‘‘(A) IN GENERAL.—Except as provided in award grants to eligible entities to enable most families that left welfare and are em- subparagraph (B), the net effect of any per- such entities to establish multimedia public ployed work full-time jobs. centage reduction in the minimum participa- awareness campaigns to combat teenage (C) The Department of Health and Human tion rate otherwise required under this sec- Services reports that according to Census tion with respect to families receiving as- pregnancy. Bureau data, the employment rate among sistance under the State program funded ‘‘(2) ELIGIBILITY.—To be eligible to receive single mothers with children rose from 57 under this part as a result of the application a grant under paragraph (1), an entity shall— percent in 1994 to 70 percent in 2000. For sin- of any employment credit, caseload reduc- ‘‘(A) be a State government or a private gle mothers with children under age 6, em- tion credit, or other credit against such rate nonprofit entity; and ployment increased from 46 percent in 1994 to for a fiscal year, shall not exceed— ‘‘(B) prepare and submit to the Secretary 64.5 percent in 2000. Employment rates ‘‘(i) 40 percentage points, in the case of fis- an application at such time, in such manner, among single mothers now exceed the rates cal year 2004; and containing such information as the Sec- of married mothers. While some of these em- ‘‘(ii) 35 percentage points, in the case of fis- retary may require. ployment gains have been lost during the re- cal year 2005; ‘‘(3) ACTIVITIES.—The purpose of the cam- cent period of labor market weakness, a sig- ‘‘(iii) 30 percentage points, in the case of paigns established under a grant under para- nificantly higher proportion of single moth- fiscal year 2006; graph (1) shall be to prevent teenage preg- ers are employed today than in the mid- ‘‘(iv) 25 percentage points, in the case of nancy through the use of advertising using 1990s. fiscal year 2007; or television, radio, print media, billboards, (D) The design of the TANF block grant is ‘‘(v) 20 percentage points, in the case of fis- posters, the Internet, and other methods de- intended to provide States with broad flexi- cal year 2008 or any fiscal year thereafter. termined appropriate by the Secretary. bility to decide how to further the employ- ‘‘(B) NONAPPLICATION TO GOOD JOBS BONUS ‘‘(4) PRIORITY.—In awarding grants under ment and other goals of the program. States UNDER THE EMPLOYMENT CREDIT.—With re- this subsection, the Secretary shall give pri- are free to set required hours of participa- spect to the number of percentage points of ority to applicants that express an intention tion above the level that counts toward Fed- the employment credit for a State for a fis- to carry out activities that target ethnic mi- eral participation rates, and some States cal year that is attributable to clause (iv) of norities and other at-risk youth. have chosen to do so. subsection (b)(2)(B) (relating to special rule ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— (E) The PRIDE Act increases the hours a for former recipients with higher earnings)— There are authorized to be appropriated— recipient must participate in work activities ‘‘(i) the limitation under subparagraph (A) ‘‘(1) to carry out subsection (a), $30,000,000 to fully count toward the State’s work par- on the percentage reduction in the minimum for each of fiscal years 2005 through 2009; and ticipation rates from 20 hours a week to 24 participation rate with respect to families ‘‘(2) to carry out subsection (b), $20,000,000 hours a week for single parents of children receiving assistance under the State pro- for each of fiscal years 2005 through 2009.’’. under 6, and from 30 hours a week to 34 hours gram funded under this part for a fiscal year SA 2977. Ms. STABENOW submitted shall be applied without regard to such num- a week for other single parent families. an amendment intended to be proposed (F) There is no evidence that increasing ber of percentage points; and the required hours of participation above ‘‘(ii) the minimum participation rate oth- by her to the bill H.R. 4, to reauthorize those in the PRIDE Act would lead to States erwise required under this section for the and improve the program of block running better programs, or would lead to State for such fiscal year shall be reduced by grants to States for temporary assist- more families becoming employed. However, such number of percentage points.’’. ance for needy families, improve access increasing the required hours of participa- (2) TECHNICAL AMENDMENT.—Clause (iv) of to quality child care, and for other pur- tion would add to program and child care section 407(b)(2)(B) (42 U.S.C. 607(b)(2)(B)), as poses; which was ordered to lie on the costs. Most families receiving assistance (54 amended by subsection (d), is amended by table; as follows: percent) have a child under the age of 6. In- striking ‘‘33’’ and inserting ‘‘42’’. On page 355, lines 1 and 2, strike ‘‘, and to creasing child care costs for these families any proposals to amend such projects, that would force States to redirect resources that SA 2976. Mrs. BOXER submitted an are approved or extended’’ and insert ‘‘that could be used to help other families get and amendment intended to be proposed by are approved’’. keep jobs. her to the bill H.R. 4, to reauthorize (G) The decision about whether to further and improve the program of block SA 2978. Ms. LANDRIEU submitted increase the number of hours of participa- grants to States for temporary assist- an amendment intended to be proposed tion for families above the levels set in the PRIDE Act is best left to State legislatures ance for needy families, improve access by her to the bill H.R. 4, to reauthorize and Governors. to quality child care, and for other pur- and improve the program of block (2) SENSE OF THE SENATE.—It is the sense of poses; which was ordered to lie on the grants to States for temporary assist- the Senate that any conference report or leg- table; as follows: ance for needy families, improve access

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3484 CONGRESSIONAL RECORD — SENATE March 31, 2004 to quality child care, and for other pur- SA 2979. Mr. HARKIN submitted an ‘‘(ii) contains an assurance that, if selected poses; which was ordered to lie on the amendment intended to be proposed by to conduct the demonstration project, the table; as follows: him to the bill H.R. 4, to reauthorize State shall agree to enter into a performance At the appropriate place, insert the fol- and improve the program of block agreement with the Secretary that— lowing: grants to States for temporary assist- ‘‘(I) includes targets for increasing the State’s performance above a baseline level, SEC. ll. SENSE OF THE SENATE CONCERNING ance for needy families, improve access THE POVERTY LINE. as determined under subparagraph (C), on 1 to quality child care, and for other pur- or more State-defined outcomes measures (a) FINDINGS.—The Senate finds that— poses; which was ordered to lie on the (1) the official United States poverty line for each of the areas described in subpara- is used in determining eligibility for many table; as follows: graph (B); and Federal and State public assistance pro- On page 154, between lines 10 and 11, insert ‘‘(II) requires, in the case of a State that grams and in determining the allocation of the following: fails to meet the agreed upon performance Federal funds to States and localities; ‘‘(viii)(I) Programs that offer individuals targets, the State, at the discretion of the (2) the official poverty line is based on the and families with multiple barriers to eco- Secretary, to carry out one or more of the cost of a minimum diet of an average family nomic self-sufficiency and stability services following— in 1955 multiplied by three to allow for ex- that include community-based comprehen- ‘‘(aa) enter into a corrective compliance penditures on other goods and services and is sive, family development services provided plan with the Secretary; adjusted each year for estimated price by local organizations that have dem- ‘‘(bb) renegotiate the performance targets changes; onstrated experience and success in admin- with the Secretary; or (3) the current measure of the poverty line istering similar initiatives that encourage ‘‘(cc) terminate the demonstration project; the formation and maintenance of healthy has remained virtually unchanged over the ‘‘(iii) contains an assurance that the State and economically self-sufficient families. past 40 years, yet during that time, there will arrange for an evaluation of the dem- ‘‘(II) Programs under clause (I) shall pro- have been marked changes in the nation’s onstration project to determine if the State vide a mix of comprehensive services and economy and society and in public policies is able to achieve improved employment out- supports that further develop the capability that have affected families’ economic comes for the families of the adult recipients of low-income parents to financially and wellbeing; participating in the demonstration project; emotionally support their children by caring (4) in 1990 Congress commissioned a study and for their children independently or in the by the National Academy of Sciences/Na- ‘‘(iv) contains such other information or context of mutually respectful, non-violent, tional Research Council to provide a basis assurances as the Secretary may require. and voluntary co-parenting relationships, se- for a possible revision of the poverty meas- ‘‘(B) AREAS DESCRIBED.—For purposes of curing and maintaining employment and subparagraph (A)(ii), the areas described in ure; child care, fulfilling other basic needs such this subparagraph are the following: (5) in 1995 the National Research Council as housing, hunger, mental health and ‘‘(i) Employment. released a report that called for the Office of health care, adopting appropriate approaches ‘‘(ii) Success in activities designed to im- Management and Budget to revise the meas- to income enhancement, and meeting child prove employment and related outcomes. ure of poverty used by the Federal Govern- support obligations, linkages to community ‘‘(iii) Job retention. ment, citing that the current measure no resources and other skills that will lead to ‘‘(iv) Entry earnings and earnings gains. longer provides an accurate picture of the greater family stability (including programs ‘‘(v) Child well-being. differences in the extent of economic poverty that replicate or adapt the Iowa Family De- ‘‘(C) DETERMINATION OF BASELINE PERFORM- among population groups or geographic velopment and Self-Sufficiency Program). ANCE LEVELS.—The State shall negotiate areas of the country; ‘‘(III) The Secretary shall give preference (6) the National Research Council proposed in making awards under this paragraph to with the Secretary a mechanism for meas- that the new poverty measure be based on programs described in this clause.’’ uring baseline performance levels for pur- costs comprised within a basic family budget poses of subparagraph (A)(ii)(I). Such base- including food, clothing, shelter, utilities, SA 2980. Mr. ALEXANDER (for him- line levels may be calculated during the ini- and a small additional amount to allow for self, Mr. VOINOVICH, Mr. NELSON of Ne- tial year of the project or may be calculated based on data from years immediately prior other needs; braska, and Mr. CARPER) submitted an to the commencement of the project. (7) while the current poverty measure amendment intended to be proposed by ‘‘(3) MODIFICATIONS OF REQUIREMENTS OF counts only pre-tax income, the National Re- him to the bill H.R. 4, to reauthorize search Council proposed that the new pov- THIS PART.—In the case of a State selected to erty measure count disposable after-tax in- and improve the program of block conduct a demonstration project under this come, including in-kind benefits and deduct- grants to States for temporary assist- subsection, the State must be able to dem- ing expenses such as child care and out-of- ance for needy families, improve access onstrate to the Secretary that a reasonable pocket medical costs; to quality child care, and for other pur- share of adult recipients are participating in (8) while the current poverty measure is poses; which was ordered to lie on the welfare to work activities and that moving the same for all areas of the country, the Na- table; as follows: from welfare to work is central to the tional Research Council proposed that the On page 253, between lines 6 and 7, insert project, consistent with the purpose of the new poverty measure be adjusted for geo- the following: project, which is to achieve the targets de- graphic differences in the cost of living; (d) DEMONSTRATION PROJECTS TO ACHIEVE fined as outcome measures described in (9) Federal agencies, including the Census BETTER RESULTS THROUGH GREATER FLEXI- clauses (i) through (v) of paragraph (2)(B). If Bureau, have carried out substantial re- BILITY.—Section 413 (42 U.S.C. 613), as amend- the Secretary is provided with the assur- search to evaluate and determine the feasi- ed by subsection (a), is amended by adding at ances described in the preceding sentence, bility of implementing the recommendations the end the following: the Secretary shall waive such requirements in the National Research Council’s report; ‘‘(m) DEMONSTRATION PROJECTS TO ACHIEVE of subsections (a) through (d) of section 407 and BETTER RESULTS THROUGH GREATER FLEXI- as determined to be necessary for the State (10) the Census Bureau publishes alter- BILITY.— to conduct such project. native measures of poverty that incorporate ‘‘(1) PURPOSE.—The purpose of this sub- ‘‘(4) STATEWIDE OR SUB-STATE DEMONSTRA- many of the recommendations of the Na- section is to allow up to 10 States to conduct TION PROJECTS.—The Secretary may approve tional Research Council. a demonstration project to test the premise a demonstration project under this sub- (b) SENSE OF THE SENATE.—It is the sense that a State program funded under this part section to be conducted on a statewide or of the Senate that— can achieve better results, helping people sub-State basis. In the case of a State that is (1) the improvement of the current meas- achieve true self-sufficiency, if the State is approved to conduct a sub-State demonstra- ure of income poverty is an important goal; given greater flexibility to best meet indi- tion project, the Secretary shall determine (2) the Office of Management and Budget, vidual needs, and to test ways to improve co- the minimum participation rate for the in consultation with the National Research ordination of the State program funded State under section 407 without regard to the Council and other related agencies, should under this part with activities funded under sub-State area in which the demonstration work to implement an improved poverty the Workforce Investment Act of 1998. project is conducted. measure as expeditiously as possible; ‘‘(2) REQUIREMENTS FOR PARTICIPATION.— ‘‘(5) APPROVAL OF APPLICATIONS.— (3) any action taken by the Office of Man- ‘‘(A) IN GENERAL.—In order to be selected ‘‘(A) VARIETY OF SITES.—In selecting agement and Budget to implement an im- to conduct a demonstration project under States to conduct demonstration projects proved poverty measure should be cognizant this subsection, a State shall submit an ap- under this subsection, the Secretary shall, to of the recommendations and review provided plication to the Secretary that— the extent practicable, select States that by the National Research Council; and ‘‘(i) describes how the State will ensure will result in demonstration projects being (4) before taking action to implement a that all adult recipients of assistance under conducted in a geographic variety of States new poverty measure, the Office of Manage- the State program funded under this part and sub-State areas. ment and Budget should consider the impact have a self-sufficiency, employment plan ‘‘(B) COORDINATION WITH WORKFORCE IN- of alternative poverty measures on federally that satisfies the requirements of section VESTMENT ACT.—The Secretary shall ensure funded programs. 408(b); that at least 2 of the demonstration projects

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3485 approved under this subsection include as- ‘‘(iii) The organization is research-based source of factual information on issues re- surances that the State will improve coordi- and has capabilities in scientific analysis lated to teen pregnancy prevention. nation of the State program funded under and evaluation. ‘‘(3) COLLABORATION WITH OTHER ORGANIZA- this part with activities funded under the ‘‘(iv) The organization has comprehensive TIONS.—The organization operating the Re- Workforce Investment Act of 1998. knowledge and data about teen pregnancy source Center shall collaborate with other ‘‘(C) STRENGTH OF EVALUATION.—In select- prevention strategies. organizations that have expertise and inter- ing States to conduct demonstration ‘‘(v) The organization has experience oper- est in teen pregnancy prevention, and that projects under this subsection, the Secretary ating a resource center that carries out ac- can help reach out to diverse audiences. shall consider the strength and rigor of the tivities similar to the activities described in ‘‘(4) FUNDING.— research designs that States propose to use paragraph (2)(B). ‘‘(A) APPROPRIATION.—Out of any money in in conducting evaluations of such dem- ‘‘(2) PURPOSES AND ACTIVITIES.— the Treasury of the United States not other- onstration projects. ‘‘(A) PURPOSES.—The purposes of the Re- wise appropriated, there is appropriated to ‘‘(D) LENGTH OF PROJECTS.—A demonstra- source Center are to improve the well-being carry out this subsection, $5,000,000 for fiscal tion project approved under this subsection— of children and families and encourage young year 2005. Funds appropriated under this sub- ‘‘(i) shall be conducted for an initial period people to delay pregnancy until marriage. paragraph shall remain available for expend- of not more than 5 years; and Specifically, the Resource Center shall— iture through fiscal year 2007. ‘‘(ii) may be renewed for an additional pe- ‘‘(i) provide information and technical as- ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— riod of not more than 5 years. sistance to States, Indian tribes, local com- There are authorized to be appropriated to ‘‘(6) REPORTS.— munities, and other public or private organi- the Secretary to carry out this subsection, ‘‘(A) INITIAL REPORT.—Not later than the zations seeking to reduce rates of teen preg- $3,000,000 for fiscal year 2007 and each fiscal end of the fourth year in which demonstra- nancy; year thereafter.’’. tion projects are conducted under this sub- ‘‘(ii) support parents in their essential role section, the Secretary shall submit a report in preventing teen pregnancy by equipping SA 2982. Mr. TALENT submitted an to Congress on the progress of the dem- them with information and resources to pro- amendment intended to be proposed by onstration projects in achieving the results him to the bill H.R. 4, to reauthorize described in paragraph (1). Such report shall mote and strengthen communication with contain data sufficient to enable demonstra- their children about sex, values, and healthy and improve the program of block tion project results to be taken into consid- relationships, including marriage; and grants to States for temporary assist- eration by Congress in the reauthorization of ‘‘(iii) assist the entertainment media in- ance for needy families, improve access the program under this part. dustry by providing information and by help- to quality child care, and for other pur- ing that industry develop content and mes- ‘‘(B) FINAL REPORT.—Not later than 1 year poses; which was ordered to lie on the sages for teens and adults that can help pre- after the date on which the initial period of table; as follows: the demonstration projects expires (as pro- vent teen pregnancy. ‘‘(B) ACTIVITIES.—The Resource Center At the appropriate place, insert the fol- vided for in paragraph (5)(B)(i)), the Sec- lowing: retary shall submit a final report to Con- shall carry out the purposes described in subparagraph (A) through the following activi- SEC. ll. INCLUSION OF PRIMARY AND SEC- gress concerning the results of such dem- ONDARY PREVENTATIVE MEDICAL onstration projects. ties: ‘‘(i) Synthesizing and disseminating re- STRATEGIES FOR CHILDREN AND ‘‘(C) OTHER REPORTING REQUIREMENTS.—The ADULTS WITH SICKLE CELL DISEASE Secretary and the State shall work out search and information regarding effective AS MEDICAL ASSISTANCE UNDER mechanisms to satisfy other reporting re- and promising practices, and providing infor- THE MEDICAID PROGRAM. quirements that may be necessary.’’. mation on how to design and implement ef- (a) IN GENERAL.—Section 1905 (42 U.S.C. fective programs to prevent teen pregnancy. 1396d) is amended— SA 2981. Mr. ALEXANDER (for him- ‘‘(ii) Providing information and reaching (1) in subsection (a)— self, Ms. SNOWE, Ms. COLLINS, Mr. out to diverse populations, with particular (A) by striking ‘‘and’’ at the end of para- BREAUX, Mr. BAYH, Mr. CARPER, Ms. attention to areas and populations with the graph (26); LANDRIEU, Mrs. CLINTON, Mr. DODD, and highest rates of teen pregnancy. (B) by redesignating paragraph (27) as ‘‘(iii) Helping States, local communities, Mr. LIEBERMAN) submitted an amend- paragraph (28); and and other organizations increase their (C) by inserting after paragraph (26), the ment intended to be proposed by him knowledge of existing resources that can be to the bill H.R. 4, to reauthorize and following: used to advance teen pregnancy prevention ‘‘(27) subject to subsection (x), primary and improve the program of block grants to efforts, and build their capacity to access secondary preventative medical strategies, States for temporary assistance for such resources and develop partnerships with including prophylaxes, and treatment and needy families, improve access to qual- other programs and funding streams. services for individuals who have Sickle Cell ity child care, and for other purposes; ‘‘(iv) Raising awareness of the important of Disease; and’’; and which was ordered to lie on the table; increasing the proportion of children born (2) by adding at the end the following: as follows: to, and raised in, healthy, adult marriages. ‘‘(x) For purposes of subsection (a)(27), the ‘‘(v) Linking organizations working to re- On page 253, between lines 6 and 7, insert strategies, treatment, and services described the following: duce teen pregnancy with experts and peer in that subsection include the following: (d) TEEN PREGNANCY PREVENTION RESOURCE groups, including the creation of technical ‘‘(1) Chronic blood transfusion (with CENTER.—Section 413 (42 U.S.C. 613), as assistance networks. deferoxamine chelation) to prevent stroke in amended by subsection (a), is amended by ‘‘(vi) Providing consultation and resources individuals with Sickle Cell Disease who adding at the end the following: about how to reduce teen pregnancy to var- have been identified as being at high risk for ‘‘(m) TEEN PREGNANCY PREVENTION RE- ious sectors of society such as parents, other stroke. SOURCE CENTER.— adults (such as teachers, coaches, and men- ‘‘(2) Genetic counseling and testing for in- ‘‘(1) AUTHORITY.— tors), community and faith-based groups, the dividuals with Sickle Cell Disease or the ‘‘(A) IN GENERAL.—The Secretary shall entertainment and news media, businesses, sickle cell trait. make a grant to a nationally recognized, and teens themselves, through a broad array ‘‘(3) Other treatment and services to pre- nonpartisan, nonprofit organization that of strategies and messages, including a focus vent individuals who have Sickle Cell Dis- meets the requirements described in sub- on abstinence, responsible behavior, family ease and who have had a stroke from having paragraph (B) to establish and operate a na- communication, relationships, and values. another stroke.’’. tional teen pregnancy prevention resource ‘‘(vii) Assisting organizations seeking to (b) FEDERAL REIMBURSEMENT FOR EDU- center (in this subsection referred to as the reduce teen pregnancy in their efforts to CATION AND OTHER SERVICES RELATED TO THE ‘Resource Center’) to carry out the purpose work with all forms of media and to reach a PREVENTION AND TREATMENT OF SICKLE CELL and activities described in paragraph (2). variety of audiences (including teens, par- DISEASE.—Section 1903(a)(3) (42 U.S.C. ‘‘(B) REQUIREMENTS.—The requirements de- ents, and ethnically diverse groups) to com- 1396b(a)(3)) is amended— scribed in this subparagraph are the fol- municate effective messages about pre- (1) in subparagraph (D), by striking ‘‘plus’’ lowing: venting teen pregnancy. at the end and inserting ‘‘and’’; and ‘‘(i) The organization has at least 7 years ‘‘(viii) Providing resources for parents and (2) by adding at the end the following: of experience in working with diverse sectors other adults that help to foster strong rela- ‘‘(E) 50 percent of the sums expended with of society to reduce teen pregnancy. tionships with children, which has been prov- respect to costs incurred during such quarter ‘‘(ii) The organization has a demonstrated en effective in reducing sexual activity and as are attributable to providing— ability to work with and provide assistance teen pregnancy, including online access to ‘‘(i) services to identify and educate indi- to a broad range of individuals and entities, research, parent guides, tips, and alerts viduals who have Sickle Cell Disease or who including teens, parents, the entertainment about upcoming opportunities to use the en- are carriers of the sickle cell gene, including and news media, State, tribal, and local or- tertainment media as a discussion starter. education regarding how to identify such in- ganizations, networks of teen pregnancy pre- ‘‘(ix) Working directly with individuals dividuals; or vention practitioners, businesses, faith and and organizations in the entertainment in- ‘‘(ii) education regarding the risks of community leaders, and researchers. dustry to provide consultation and serve as a stroke and other complications, as well as

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3486 CONGRESSIONAL RECORD — SENATE March 31, 2004 the prevention of stroke and other complica- program, and other health programs for the bill H.R. 4, to reauthorize and improve tions, in individuals who have Sickle Cell prevention and treatment of Sickle Cell Dis- the program of block grants to States Disease; plus’’. ease, including the genetic testing of parents for temporary assistance for needy (c) DEMONSTRATION PROGRAM FOR THE DE- or other appropriate relatives of children families, improve access to quality VELOPMENT AND ESTABLISHMENT OF SYSTEMIC with Sickle Cell Disease and of adults with MECHANISMS FOR THE PREVENTION AND Sickle Cell Disease. child care, and for other purposes; TREATMENT OF SICKLE CELL DISEASE.— (3) NATIONAL COORDINATING CENTER.— which was ordered to lie on the table; (1) AUTHORITY TO CONDUCT DEMONSTRATION (A) ESTABLISHMENT.—The Administrator as follows: PROGRAM.— shall enter into a contract with an entity to At the appropriate place, insert the fol- (A) IN GENERAL.—The Administrator, serve as the National Coordinating Center lowing: through the Bureau of Primary Health Care for the demonstration program conducted SEC. ll02. ENHANCED ASSISTANCE FOR CRIMI- and the Maternal and Child Health Bureau, under this subsection. NAL INVESTIGATIONS AND PROS- shall conduct a demonstration program by (B) ACTIVITIES DESCRIBED.—The National ECUTIONS BY STATE AND LOCAL making grants to up to 40 eligible entities Coordinating Center shall— LAW ENFORCEMENT OFFICIALS. for each fiscal year in which the program is (i) collect, coordinate, monitor, and dis- (a) IN GENERAL.—At the request of a State, conducted under this section for the purpose tribute data, best practices, and findings re- Indian tribal government, or unit of local of developing and establishing systemic garding the activities funded under grants government, the Attorney General shall pro- mechanisms to improve the prevention and made to eligible entities under the dem- vide technical, forensic, prosecutorial, or treatment of Sickle Cell Disease, including onstration program; any other form of assistance in the criminal through— (ii) develop a model protocol for eligible investigation or prosecution of any crime (i) the coordination of service delivery for entities with respect to the prevention and that— individuals with Sickle Cell Disease; treatment of Sickle Cell Disease; (1) constitutes a crime of violence (as de- (ii) genetic counseling and testing; (iii) develop educational materials regard- fined in section 16 of title 18, United States (iii) bundling of technical services related ing the prevention and treatment of Sickle Code); to the prevention and treatment of Sickle Cell Disease; and (2) constitutes a felony under the laws of Cell Disease; (iv) prepare and submit to Congress a final the State or Indian tribe; and (iv) training of health professionals; and report that includes recommendations re- (3) is committed against a person under 18 (v) identifying and establishing other ef- garding the effectiveness of the demonstra- years of age. forts related to the expansion and coordination program conducted under this sub- (b) PRIORITY.—If the Attorney General de- tion of education, treatment, and continuity section and such direct outcome measures termines that there are insufficient re- of care programs for individuals with Sickle as— sources to fulfill requests made pursuant to Cell Disease. (I) the number and type of health care re- subsection (a), the Attorney General shall (B) GRANT AWARD REQUIREMENTS.— sources utilized (such as emergency room give priority to requests for assistance to— (i) GEOGRAPHIC DIVERSITY.—The Adminis- visits, hospital visits, length of stay, and (1) crimes committed by, or believed to be trator shall, to the extent practicable, award physician visits for individuals with Sickle committed by, offenders who have com- grants under this section to eligible entities Cell Disease); and mitted crimes in more than 1 State; and located in different regions of the United (II) the number of individuals that were (2) rural jurisdictions that have difficulty States. tested and subsequently received genetic covering the extraordinary expenses relating (ii) PRIORITY.—In awarding grants under counseling for the sickle cell trait. to the investigation or prosecution of the this subsection, the Administrator shall give (4) APPLICATION.—An eligible entity desir- crime. priority to awarding grants to eligible enti- ing a grant under this subsection shall sub- (c) AUTHORIZATION OF APPROPRIATIONS.— ties that are— mit an application to the Administrator at There is authorized to be appropriated to (I) Federally-qualified health centers that such time, in such manner, and containing carry out this section $25,000,000 for each of have a partnership or other arrangement such information as the Administrator may the fiscal years 2004 through 2008. with a comprehensive Sickle Cell Disease require. treatment center that does not receive funds (5) DEFINITIONS.—In this subsection: SA 2984. Ms. LANDRIEU submitted from the National Institutes of Health; or (A) ADMINISTRATOR.—The term ‘‘Adminis- an amendment intended to be proposed (II) Federally-qualified health centers that trator’’ means the Administrator of the by her to the bill H.R. 4, to reauthorize intend to develop a partnership or other ar- Health Resources and Services Administra- and improve the program of block rangement with a comprehensive Sickle Cell tion. grants to States for temporary assist- Disease treatment center that does not re- (B) ELIGIBLE ENTITY.—The term ‘‘eligible ance for needy families, improve access ceive funds from the National Institutes of entity’’ means a Federally-qualified health Health. to quality child care, and for other pur- center, a nonprofit hospital or clinic, or a poses; which was ordered to lie on the (2) ADDITIONAL REQUIREMENTS.—An eligible university health center that provides pri- entity awarded a grant under this subsection mary health care, that— table; as follows: At the appropriate section, insert the fol- shall use funds made available under the (i) has a collaborative agreement with a lowing: grant to carry out, in addition to the activi- community-based Sickle Cell Disease organi- ties described in paragraph (1)(A), the fol- zation or a nonprofit entity with experience SEC. . FINDINGS. lowing activities: in working with individuals who have Sickle Congress makes the following findings: (A) To facilitate and coordinate the deliv- Cell Disease; and (1) Research shows that caring adults can ery of education, treatment, and continuity (ii) demonstrates to the Administrator make a difference in children’s lives. Forty of care for individuals with Sickle Cell Dis- that either the Federally-qualified health five percent of mentored teens are less likely ease under— center, the nonprofit hospital or clinic, the to use drugs. Fifty nine percent of mentored (i) the entity’s collaborative agreement university health center, the organization or teens have better academic performance. with a community-based Sickle Cell Disease entity described in clause (i), or the experts Seventy three percent of mentored teens organization or a nonprofit entity that described in paragraph (2)(C), has at least 5 achieve higher goals generally. works with individuals who have Sickle Cell years of experience in working with individ- (2) Children that have mentors have better Disease; uals who have Sickle Cell Disease. relationships with adults, fewer disciplinary (ii) the Sickle Cell Disease newborn screen- (C) FEDERALLY-QUALIFIED HEALTH CEN- referrals, and more confidence to achieve ing program for the State in which the enti- TER.—The term ‘‘Federally-qualified health their goals. ty is located; and center’’ has the meaning given that term in (3) In 2001, over 163,000 children in the fos- (iii) the maternal and child health program section 1905(l)(2)(B) of the Social Security ter care system were under the age of 5 under title V of the Social Security Act (42 Act (42 U.S.C. 1396d(l)(2)(B)). years. U.S.C. 701 et seq.) for the State in which the (6) AUTHORIZATION OF APPROPRIATIONS.— (4) In 2001, over 124,000 children were under entity is located. There is authorized to be appropriated to the age of 10 when they were removed from (B) To train nursing and other health staff carry out this subsection, $10,000,000 for each their parents or caretakers. who specialize in pediatrics, obstetrics, in- of fiscal years 2005 through 2009. (5) The International Day of the Child, ternal medicine, or family practice to pro- (d) EFFECTIVE DATE.—The amendments sponsored by Children United Nations, has vide health care and genetic counseling for made by subsections (a) and (b) take effect served as a great tool to recruit mentors and individuals with the sickle cell trait. on the date of enactment of this Act and partner them with needy foster care chil- (C) To enter into a partnership with adult apply to medical assistance and services pro- dren. or pediatric hematologists in the region and vided under title XIX of the Social Security (6) On November 10, 2002, as many as 3,000 other regional experts in Sickle Cell Disease Act (42 U.S.C. 1396 et seq.) on or after that children will be matched with mentors as a at tertiary and academic health centers and date. result of the International Day of the Child. State and county health offices. (7) States should be encouraged to incor- (D) To identify and secure resources for en- SA 2983. Mr. BIDEN (for himself and porate mentor programs into the delivery of suring reimbursement under the medicaid Mrs. BOXER) submitted an amendment their foster care services. The State of Cali- program, State children’s health insurance intended to be proposed by him to the fornia serves as a great example, matching

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3487 close to half a million mentors with needy ing information necessary to demonstrate program up to 75 percent for each year for children. compliance with requirements established by which the grant is awarded. (8) Mentor programs that serve foster chil- the Secretary for the program; and ‘‘(B) NON-FEDERAL SHARE.—The non-Fed- dren are unique and require additional con- ‘‘(v) such other information as the Sec- eral share of the cost of projects under this siderations including specialized training retary may require. subsection may be in cash or in kind. In de- and support necessary to provide for con- ‘‘(B) TRAINING.—An assurance that all termining the amount of the non-Federal sistent, long term relationships for children mentors covered under the program will re- share, the Secretary may attribute fair mar- in care. ceive intensive and ongoing training in the ket value to goods, services, and facilities (9) Mentor programs are cost-effective ap- following areas: contributed from non-Federal sources. proaches to decreasing the occurrence of so ‘‘(i) Child Development, including the im- ‘‘(5) CONSIDERATIONS IN AWARDING many social ills such as teen pregnancy, sub- portance of bonding. GRANTS.—In awarding grants under this substance abuse, incarceration and violence. ‘‘(ii) Family dynamics, including the ef- section, the Secretary shall take into consid- SEC. . PROGRAMS FOR MENTORING CHILDREN fects of domestic violence. eration— IN FOSTER CARE. ‘‘(iii) Foster care system, principles, and ‘‘(A) the overall qualifications and capac- Subpart 2 of part B of title IV of the Social practices. ity of the State or political subdivision pro- Security Act (42 U.S.C. 629 et seq.) is amend- ‘‘(iv) Recognizing and reporting child abuse gram and its partners to effectively carry ed by adding at the end the following: and neglect. out a mentoring program under this sub- ‘‘(v) Confidentiality requirements for section; ‘‘SEC. 440. PROGRAMS FOR MENTORING CHIL- DREN IN FOSTER CARE. working with children in care. ‘‘(B) the level and quality of training pro- ‘‘(vi) Working in coordination with the vided to mentors under the program; ‘‘(a) PURPOSE.—It is the purpose of this public school system. ‘‘(C) evidence of coordination of the pro- section to authorize the Secretary to make ‘‘(vii) Other matters related to working gram with the State’s or political subdivi- grants to eligible applicants to support the with children in care. sion’s social services and education pro- establishment or expansion and operation of ‘‘(C) SCREENING.—An assurance that all grams; programs using a network of public and pri- mentors covered under the program are ap- ‘‘(D) the ability of the State or political vate community entities to provide men- propriately screened and have demonstrated subdivision to provide supervision and sup- toring for children in foster care. a willingness to comply with all aspects of port for mentors under the program and the ‘‘(b) DEFINITIONS.—In this section: the mentor program, including— youth served by such mentors; ‘‘(1) CHILDREN IN FOSTER CARE.—The term ‘‘(i) a description of the methods to be used ‘‘(E) evidence of consultation with insti- ‘children in foster care’ means children who to conduct criminal background checks on tutes of higher learning; have been removed from the custody of their all prospective mentors; and ‘‘(F) the number of children in care served biological or adoptive parents by a State ‘‘(ii) a description of the methods to be by the State or political subdivision; and child welfare agency. used to ensure that the mentors are willing ‘‘(G) any other factors that the Secretary ‘‘(2) MENTORING.—The term ‘mentoring’ and able to serve as a mentor on a long term, determines to be significant with respect to means a structured, managed program in consistent basis. the need for or the potential success of car- which children are appropriately matched ‘‘(D) EDUCATIONAL REQUIREMENTS.—An as- rying out a mentoring program under this with screened and trained adult volunteers surance that all mentors recruited to serve subsection. for one-on-one relationships, that involves as academic mentors will— ‘‘(6) USE OF FUNDS.—Of the amount award- meetings and activities on a regular basis, ‘‘(i) have a high school diploma or its ed to a State or political subdivision under a and that is intended to meet, in part, the equivalent; and grant under this subsection the State or sub- child’s need for involvement with a caring ‘‘(ii) have completed at least 1 year of division shall— and supportive adult who provides a positive study in a program leading to a graduate or ‘‘(A) use not less than 50 percent of the role model. post graduate degree. total grant amount for the training and on- ‘‘(3) POLITICAL SUBDIVISION.—The term ‘po- ‘‘(E) COMMUNITY CONSULTATION; COORDINA- going educational support of mentors; and litical subdivision’ means a local jurisdiction TION WITH OTHER PROGRAMS.—A demonstra- ‘‘(B) use not more than 10 percent of the below the level of the State government, in- tion that, in developing and implementing total grant amount for administrative pur- cluding a county, parish, borough, or city. the program, the State or political subdivi- poses. ‘‘(c) GRANT PROGRAM.— sion will, to the extent feasible and appro- ‘‘(7) MAXIMUM GRANT AMOUNT.— ‘‘(1) IN GENERAL.—The Secretary shall priate— ‘‘(A) IN GENERAL.—In awarding grants carry out a program to award grants to ‘‘(i) consult with public and private com- under this section, the Secretary shall con- States to support the establishment or ex- munity entities, including religious organi- sider the number of children served by the pansion and operation of programs using net- zations, and including, as appropriate, Indian jurisdiction and the grant amount relative works of public and private community enti- tribal organizations and urban Indian orga- to the need for services. ties to provide mentoring for children in fos- nizations, and with family members of po- ‘‘(B) LIMIT.—The amount of a grant award- ter care. tential clients; ed to a State or political subdivision under ‘‘(2) GRANTS TO POLITICAL SUBDIVISIONS.— ‘‘(ii) coordinate the programs and activi- this subsection shall not exceed $600,000. The Secretary may award a grant under this ties under the program with other Federal, ‘‘(8) ANNUAL REPORT.—Not later than 1 subsection directly to a political subdivision State, and local programs serving children year after the date of enactment of this sec- if the subdivision serves a substantial num- and youth; and tion, and annually thereafter, the Secretary ber of foster care youth (as determined by ‘‘(iii) consult and coordinate with appro- shall prepare and submit to Congress a re- the Secretary). priate Federal, State, and local corrections, port that includes the following with respect ‘‘(3) APPLICATION REQUIREMENTS.—To be el- workforce development, and substance abuse to the year involved: igible for a grant under paragraph (1), the and mental health agencies. ‘‘(A) A description of the number of pro- chief executive officer of the State or polit- ‘‘(F) EQUAL ACCESS FOR LOCAL SERVICE PRO- grams receiving grant awards under this sub- ical subdivision shall submit to the Sec- VIDERS.—An assurance that public and pri- section. retary an application containing the fol- vate entities and community organizations, ‘‘(B) A description of the number of men- lowing: including religious organizations and Indian tors who serve in the programs described in ‘‘(A) PROGRAM DESIGN.—A description of organizations, will be eligible to participate subparagraph (A). the proposed program to be carried out using on an equal basis. ‘‘(C) A description of the number of amounts provided under this grant, includ- ‘‘(G) RECORDS, REPORTS, AND AUDITS.—An mentored foster children— ing— agreement that the State or political sub- ‘‘(i) who graduate from high school; ‘‘(i) a list of local public and private orga- division will maintain such records, make ‘‘(ii) who enroll in college; and nizations and entities that will participate such reports, and cooperate with such re- ‘‘(iii) who are adopted by their mentors. in the mentoring network; views or audits as the Secretary may find ‘‘(D) Any other information that the Sec- ‘‘(ii) the name, description, and qualifica- necessary for purposes of oversight of project retary determines to be relevant to the eval- tions of the entity that will coordinate and activities and expenditures. uation of the program under this subsection. oversee the activities of the mentoring net- ‘‘(H) EVALUATION.—An agreement that the ‘‘(9) EVALUATION.—Not later than 3 years work; State or political subdivision will cooperate after the date of enactment of this section, ‘‘(iii) the number of mentor-child matches fully with the Secretary’s ongoing and final the Secretary shall conduct an evaluation of proposed to be established and maintained evaluation of the program under the plan, by the effectiveness of programs funded under annually under the program; means including providing the Secretary ac- this section, including a comparison between ‘‘(iv) such information as the Secretary cess to the program and program-related the rate of drug and alcohol abuse, teenage may require concerning the methods to be records and documents, staff, and grantees pregnancy, delinquency, homelessness, and used to recruit, screen support, and oversee receiving funding under the plan. other outcome measures for mentored foster individuals participating as mentors, (which ‘‘(4) FEDERAL SHARE.— care youth and non-mentored foster care methods shall include criminal background ‘‘(A) IN GENERAL.—A grant for a program youth. checks on the individuals), and to evaluate under this subsection shall be available to ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— outcomes for participating children, includ- pay a percentage share of the costs of the There are authorized to be appropriated to

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3488 CONGRESSIONAL RECORD — SENATE March 31, 2004 carry out this subsection, $15,000,000 for each ‘‘(2) LIMITATION ON REDUCTION OF PARTICI- poses; which was ordered to lie on the of fiscal years 2004 and 2005, and such sums as PATION RATE THROUGH APPLICATION OF CRED- table; as follows: may be necessary for each succeeding fiscal ITS.— Beginning on page 339, strike line 9 and all year. ‘‘(A) IN GENERAL.—Except as provided in that follows through page 341, line 8, and in- ‘‘(d) NATIONAL COORDINATION OF STATEWIDE subparagraph (B), the net effect of any per- sert the following: MENTORING PARTNERSHIPS.— centage reduction in the minimum participa- SEC. 321. STATE NONCOMPLIANCE WITH CHILD ‘‘(1) IN GENERAL.—The Secretary may tion rate otherwise required under this sec- SUPPORT ENFORCEMENT PROGRAM award a competitive grant to an eligible en- tion with respect to families receiving as- REQUIREMENTS. tity to establish a National Hotline Service sistance under the State program funded (a) IN GENERAL.—Section 409(a)(8) (42 or Website to provide information to individ- under this part as a result of the application U.S.C. 609(a)(8)) is amended— uals who are interested in becoming mentors of any caseload reduction credit or other (1) by striking subparagraph (A) and in- to youth in foster care. credit against such rate for a fiscal year, serting the following: ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— shall not exceed— ‘‘(A) IN GENERAL.—If the Secretary finds, There are authorized to be appropriated to ‘‘(i) 40 percentage points, in the case of fis- with respect to a State’s program under part carry out this subsection, $4,000,000 for each cal year 2004; D— of fiscal years 2004 and 2005, and such sums as ‘‘(ii) 35 percentage points, in the case of fis- ‘‘(i) on the basis of data submitted by a may be necessary for each succeeding fiscal cal year 2005; State pursuant to section 454(15)(B), or on year. ‘‘(iii) 30 percentage points, in the case of the basis of the results of a review conducted ‘‘(e) LOAN FORGIVENESS.— fiscal year 2006; under section 452(a)(4), that the State pro- ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(iv) 25 percentage points, in the case of gram failed to achieve the paternity estab- ‘‘(A) ELIGIBLE MENTOR.—The term ‘eligible fiscal year 2007; or lishment percentages (as defined in section mentor’ means an individual who has served ‘‘(v) 20 percentage points, in the case of fis- 452(g)(2)), or to meet other performance as a mentor in a statewide mentor program cal year 2008 or any fiscal year thereafter. measures that may be established by the established under subsection (c) for at least ‘‘(B) NONAPPLICATION TO THE EMPLOYMENT Secretary; 200 hours in a single calendar year. CREDIT.—The limitation under subparagraph ‘‘(ii) on the basis of the results of an audit ‘‘(B) FEDERAL STUDENT LOAN.—The term (A) on the percentage reduction in the min- or audits conducted under section ‘Federal student loan’ means any loan made, imum participation rate with respect to fam- 452(a)(4)(C)(i) that the State data submitted insured, or guaranteed under part B, D, or E ilies receiving assistance under the State pursuant to section 454(15)(B) is incomplete of tide IV of the Higher Education Act of program funded under this part for a fiscal or unreliable; or 1965. year shall be applied without regard to the ‘‘(iii) on the basis of the results of an audit ‘‘(C) SECRETARY.—The term ‘Secretary’ employment credit for a State as determined or audits conducted under section 452(a)(4)(C) means the Secretary of Education. under subsection (b)(2).’’. that a State failed to substantially comply ‘‘(2) RELIEF FROM INDEBTEDNESS.— with 1 or more of the requirements of part D ‘‘(A) IN GENERAL.—The Secretary shall SA 2986. Mr. BINGAMAN submitted (other than paragraph (24), or subparagraph carry out a program to provide for the dis- an amendment intended to be proposed (A) or (B)(i) of paragraph (27), of section 454), charge or cancellation of the Federal student by him to the bill H.R. 4, to reauthor- the Secretary shall reduce the grant payable loan indebtedness of an eligible mentor. ize and improve the program of block to the State under section 403(a)(1) for the ‘‘(B) METHOD OF DISCHARGE OR CANCELLA- grants to States for temporary assist- immediately succeeding fiscal year by the TION.—A loan that will be discharged or can- amount specified in subparagraph (B).’’; and celed under the program under subparagraph ance for needy families, improve access (2) by adding at the end the following: (A) shall be discharged or canceled as pro- to quality child care, and for other pur- ‘‘(D) NO PENALTY IF STATE CORRECTS NON- vided for using the method under section poses; which was ordered to lie on the COMPLIANCE PURSUANT TO CORRECTIVE COMPLI- 437(a), 455(a)(1), or 464(c)(1)(F) of the Higher table; as follows: ANCE PLAN.—The Secretary shall not reduce Education Act of 1965, as applicable. At the appropriate place, insert the fol- the grant payable to the State under section ‘‘(C) AMOUNT OF RELIEF.—The amount of lowing: 403(a)(1) for the immediately succeeding fis- relief to be provided with respect to a loan SEC. ll. EXTENSION OF MEDICARE COST-SHAR- cal year as a result of a finding made under under this subsection shall— ING FOR THE MEDICARE PART B subparagraph (A) if the Secretary determines ‘‘(i) be equal to $2,000 for each 200 hours of PREMIUM FOR QUALIFYING INDIVID- that the State has corrected or discontinued service of an eligible mentor; and UALS. the violation pursuant to the corrective ‘‘(ii) not exceed a total of $20,000 for an eli- (a) IN GENERAL.—Section 1902(a)(10)(E)(iv) compliance plan required under subsection gible individual. (42 U.S.C. 1396a(a)(10)(E)(iv)), as amended by (c).’’. ‘‘(3) FACILITATION OF CLAIMS—The Sec- section 103(f)(1) of the Medicare Prescription (b) CONFORMING AMENDMENTS.—Sub- retary shall— Drug, Improvement, and Modernization Act sections (b)(2) and (c)(4) of section 409 (42 ‘‘(A) establish procedures for the filing of of 2003 (Public Law 108–173, 117 Stat. 2160), is U.S.C. 609) are each amended by striking applications for the discharge or cancella- amended by striking ‘‘2004’’ and inserting ‘‘(8),’’. tion of loans under this subsection by regula- ‘‘2005’’. (c) EFFECTIVE DATE.—The amendments tions that shall be prescribed and published (b) TOTAL AMOUNT AVAILABLE FOR ALLOCA- made by subsections (a) and (b) shall be effective with respect to findings of State non- within 90 days after the date of enactment of TION.—Section 1933(c)(1)(E) (42 U.S.C. 1396u– this section and without regard to the re- 3(c)(1)(E)), as amended by section 401(b) of compliance for fiscal year 2003 and suc- quirements of section 553 of title 5, United Public Law 108–89, is amended by striking ceeding fiscal years. (d) SPECIAL RULE FOR FISCAL YEARS 2001 States Code; and ‘‘and 2003’’ and inserting ‘‘, 2003, and 2005’’. ‘‘(B) take such actions as may be necessary AND 2002.—Notwithstanding any other provi- (c) EFFECTIVE DATE.—The amendments sion of law, the Secretary shall not take to publicize the availability of the program made by this section shall apply to calendar established under this subsection for eligible against amounts otherwise payable to a quarters beginning on or after October 1, State, a reduction with respect to a finding mentors. 2004. described in section 409(a)(8)(A) of the Social ‘‘(4) FUNDING.—Amounts available for the Security Act (42 U.S.C. 609(a)(8)(A)) for fiscal purposes of making payments to lenders in SA 2987. Mr. BINGAMAN submitted year 2001 or 2002. accordance with section 437(a) of the Higher an amendment intended to be proposed Education Act of 1965 for the discharge of in- by him to the bill H.R. 4, to reauthor- SA 2989. Mr. BINGAMAN (for him- debtedness of deceased or disabled individ- self, Mr. ALLEN, Mr. WYDEN, Mr. uals shall be available for making payments ize and improve the program of block BURNS, Mr. AKAKA, and Mr. INOUYE) to lenders of loans to eligible mentors as pro- grants to States for temporary assist- vided for in this subsection.’’. ance for needy families, improve access submitted an amendment intended to to quality child care, and for other pur- be proposed by him to the bill H.R. 4, SA 2985. Mr. DAYTON submitted an poses; which was ordered to lie on the to reauthorize and improve the pro- amendment intended to be proposed by table; as follows: gram of block grants to States for tem- him to the bill H.R. 4, to reauthorize Beginning on page 353, strike line 6 and all porary assistance for needy families, and improve the program of block that follows through page 355, line 3. improve access to quality child care, grants to States for temporary assist- and for other purposes; which was or- ance for needy families, improve access SA 2988. Mr. BINGAMAN submitted dered to lie on the table; as follows: to quality child care, and for other pur- an amendment intended to be proposed On page 295, between lines 10 and 11, insert poses; which was ordered to lie on the by him to the bill H.R. 4, to reauthor- the following: ize and improve the program of block SEC. ll. STATE OPTION TO EXTEND CURRENT table; as follows: WAIVERS AND CREATION OF TANF Beginning on page 184, strike line 10 and grants to States for temporary assist- WAIVER AUTHORITY. all that follows through page 185, line 4, and ance for needy families, improve access Section 415 (42 U.S.C. 615) is amended by insert the following: to quality child care, and for other pur- adding at the end the following:

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‘‘(e) STATE OPTION TO CONTINUE WAIVERS.— ‘‘(A) IN GENERAL.—Not later than 60 days ‘‘(1) IN GENERAL.—The Secretary, through ‘‘(1) IN GENERAL.—Notwithstanding para- after the date of receiving a request for a grants, contracts, or interagency agreements graphs (1) (A) and (2)(A) of subsection (a), or waiver under this subsection, the Secretary shall develop comprehensive indicators to any other provision of law, but subject to shall provide a response that— assess child well-being in each State. subsection (g), with respect to any State ‘‘(i) approves the waiver request; ‘‘(2) REQUIREMENTS.— that is operating under a waiver described in ‘‘(ii) provides a description of modifica- ‘‘(A) IN GENERAL.—The indicators devel- paragraph (2) which would otherwise expire tions that would be necessary in order to se- oped under paragraph (1) shall include meas- on a date that occurs during the period that cure approval for the waiver; ures related to the following: begins on January 1, 2002, and ends on Sep- ‘‘(iii) denies the request and describes the ‘‘(i) Education. tember 30, 2008, the State may elect to con- grounds for the denial; or ‘‘(ii) Social and emotional development. tinue to operate under that waiver, on the ‘‘(iv) requests clarification of the waiver ‘‘(iii) Health and safety. same terms and conditions as applied to the request. ‘‘(iv) Family well-being, such as family waiver the day before the date the waiver ‘‘(B) APPROVAL DECISIONS.—The Secretary structure, income, employment, child care would otherwise expire, through the earlier shall not approve any waiver request that arrangements, and family relationships. of such date as the State may select or Sep- does not include all the information required ‘‘(B) OTHER REQUIREMENTS.—The data col- tember 30, 2008. in subparagraph (2)(A) and shall take into lected with respect to the indicators devel- ‘‘(2) WAIVER DESCRIBED.—For purposes of account how the waiver is likely to further oped under paragraph (1) shall be— paragraph (1), a waiver described in this the purposes of section 401(a) and comments ‘‘(i) statistically representative at the paragraph is— received regarding the waiver request. State level; ‘‘(A) a waiver described in subsection (a); ‘‘(C) WAIVER APPROVALS AND DENIALS.—All ‘‘(ii) consistent across States; or waiver approvals and denials shall be made ‘‘(iii) collected on an annual basis for at ‘‘(B) a waiver that was granted to a State publicly available by the Secretary. least the 5 years preceding the year of collec- under section 1115 or otherwise and that re- ‘‘(6) REPORTS ON PROJECTS.—The Secretary tion; lates only to the provision of assistance shall provide annually to Congress a report ‘‘(iv) expressed in terms of rates or per- under a State program under this part. concerning waivers approved under this sub- centages; ‘‘(f) WAIVER AUTHORITY FOR ALL STATES.— section, including— ‘‘(v) statistically representative at the na- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(A) the projects approved and denied for tional level; paragraph (3) and subsection (g), the Sec- each applicant; ‘‘(vi) measured with reliability; retary may waive any statutory or regu- ‘‘(B) the number of waivers granted under ‘‘(vii) current; and latory requirement of this part at the re- this subsection ‘‘(viii) over-sampled, with respect to low- quest of a State or Indian tribe operating a ‘‘(C) the specific statutory provisions income children and families. State or tribal program funded under this waived; and ‘‘(C) CONSULTATION.—In developing the in- part. ‘‘(D) descriptive information about the na- dicators required under paragraph (1) and the ‘‘(2) REQUEST FOR WAIVER.— ture and status of approved waivers, includ- means to collect the data required with re- ‘‘(A) IN GENERAL.—A State or Indian tribe ing findings from interim and final evalua- spect to the indicators, the Secretary shall that wishes to seek a waiver with respect to tion reports. consult and collaborate with the Federal a State or tribal program funded under this ‘‘(g) COST-NEUTRALITY REQUIREMENT.— Interagency Forum on Child and Family Sta- part shall submit a waiver request to the ‘‘(1) GENERAL RULE.—Notwithstanding any tistics. Secretary that— other provision of law (except as provided in ‘‘(3) ADVISORY PANEL.— ‘‘(i) describes the Federal statutory or reg- paragraph (2)), the total of the amounts that ‘‘(A) ESTABLISHMENT.—The Secretary shall ulatory requirements proposed to be waived; may be paid by the Federal Government for establish an advisory panel to make rec- ‘‘(ii) describes how the waiving of such re- a fiscal year with respect to the programs in ommendations regarding the appropriate quirements will improve or enhance achieve- a State for which a waiver has been granted measures and statistical tools necessary for ment of 1 or more of the purposes of this under subsection (e) or (f) shall not exceed making the assessment required under para- part; the estimated total amount that the Federal graph (1) based on the indicators developed ‘‘(iii) describes the State’s proposal for an Government would have paid for the fiscal under that paragraph and the data collected independent evaluation of the program under year with respect to the programs if the with respect to the indicators. the waiver; and waiver had not been granted, as determined ‘‘(B) MEMBERSHIP.— ‘‘(iv) in the case of a State, includes a copy by the Director of the Office of Management ‘‘(i) IN GENERAL.—The advisory panel es- and description of relevant State statutes and Budget. tablished under subparagraph (A) shall con- and, if applicable, State regulations that ‘‘(2) SPECIAL RULE.—If an applicant subsist of the following: would allow the State to implement the mits to the Director of the Office of Manage- ‘‘(I) One member appointed by the Sec- waiver if it were approved by the Secretary. ment and Budget a request to apply the rules retary of Health and Human Services. ‘‘(B) NOTICE AND COMMENT.—The Secretary of this paragraph to the programs in the ‘‘(II) One member appointed by the Chair- shall provide through the Federal Register State with respect to which a waiver under man of the Committee on Ways and Means of for a 30-day period for notice and comment subsection (e) or (f) has been provided, dur- the House of Representatives. on the waiver request, and otherwise consult ing such period of not more than 5 consecu- ‘‘(III) One member appointed by the Rank- with members of the public, to solicit com- tive fiscal years in which the waiver is in ef- ing Member of the Committee on Ways and ment on the waiver request prior to acting fect, and the Director determines, on the Means of the House of Representatives. on the request. basis of supporting information provided by ‘‘(IV) One member appointed by the Chair- ‘‘(3) RESTRICTIONS.— the applicant, to grant the request, then, man of the Committee on Finance of the ‘‘(A) IN GENERAL.—The Secretary shall not notwithstanding any other provision of law, Senate. waive the following statutory sections or the total of the amounts that may be paid by ‘‘(V) One member appointed by the Rank- any regulatory requirements related to such the Federal Government for the period with ing Member of the Committee on Finance of sections: respect to the programs shall not exceed the the Senate. ‘‘(i) Section 401(a). estimated total amount that the Federal ‘‘(VI) One member appointed by the Chair- ‘‘(ii) Paragraphs (1) through (4) of section Government would have paid for the period man of the National Governors Association, 403(a). with respect to the programs if the waiver or the Chairman’s designee. ‘‘(iii) Section 409(a)(7). had not been granted.’’. ‘‘(VII) One member appointed by the Presi- ‘‘(iv) Section 408(d). dent of the National Conference of State ‘‘(v) Section 407(e)(2). SA 2990. Mr. ROCKEFELLER sub- Legislatures or the President’s designee. ‘‘(vi) Section 407(f). mitted an amendment intended to be ‘‘(VIII) One member appointed by the Di- ‘‘(4) DURATION AND EXTENSION OF WAIVER.— proposed by him to the bill H.R. 4, to rector of the National Academy of Sciences, ‘‘(A) IN GENERAL.—Except as provided in reauthorize and improve the program or the Director’s designee. subparagraph (B), a waiver approved by the of block grants to States for temporary ‘‘(ii) DEADLINE.—The members of the advi- Secretary under this subsection may be for a assistance for needy families, improve sory panel shall be appointed not later than period not to exceed 5 years. access to quality child care, and for 2 months after the date of enactment of the ‘‘(B) EXTENSION.—The Secretary may ex- Personal Responsibility and Individual De- tend the period described in subparagraph other purposes; which was ordered to velopment for Everyone Act. (A) if the Secretary determines that the lie on the table; as follows: ‘‘(C) MEETINGS.—The advisory panel estab- waiver has been effective in enabling the On page 255, strike lines 9 through 17, and lished under subparagraph (A) shall meet— State or Indian tribe to carry out the activi- insert the following: ‘‘(i) at least 3 times during the first year ties for which the waiver was requested and (c) RESEARCH ON INDICATORS OF CHILD after the date of enactment of the Personal the waiver has improved or enhanced per- WELL-BEING.—Section 413 (42 U.S.C. 613), as Responsibility and Individual Development formance related to 1 or more of the pur- amended by section 114(a), is amended by for Everyone Act; and poses of this part. adding at the end the following: ‘‘(ii) annually thereafter for the 3 suc- ‘‘(5) APPROVAL PROCEDURE.— ‘‘(m) INDICATORS OF CHILD WELL-BEING.— ceeding years.

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‘‘(4) APPROPRIATIONS.—Out of any money in ‘‘(V) One member appointed by the Rank- On page 217, between lines 9 and 10, insert the Treasury of the United States not other- ing Member of the Committee on Finance of the following: wise appropriated, there are appropriated for the Senate. (g) STATE OPTION FOR EXCLUSION OF CER- each of fiscal years 2004 through 2008, ‘‘(VI) One member appointed by the Chair- TAIN RECIPIENTS FROM THE DETERMINATION $10,000,000 for the purpose of carrying out man of the National Governors Association, OF MONTHLY PARTICIPATION RATES.—Section this subsection.’’. or the Chairman’s designee. 407(b)(1)(B) (42 U.S.C. 607(b)(1)(B)) is amend- ‘‘(VII) One member appointed by the Presi- ed— SA 2991. Mr. ROCKEFELLER sub- dent of the National Conference of State (1) in clause (i), by inserting ‘‘, but not in- Legislatures or the President’s designee. mitted an amendment intended to be cluding any family for which the State has ‘‘(VIII) One member appointed by the Di- exercised the option described in clause proposed by him to the bill H.R. 4, to rector of the National Academy of Sciences, (ii)(I)’’ before the semicolon; and reauthorize and improve the program or the Director’s designee. (2) in clause (ii)— of block grants to States for temporary ‘‘(ii) DEADLINE.—The members of the advi- (A) in subclause (I), by inserting ‘‘, but (at assistance for needy families, improve sory panel shall be appointed not later than State option for all such families or on a access to quality child care, and for 2 months after the date of enactment of the case-by-case basis) not including families for other purposes; which was ordered to Personal Responsibility and Individual De- which the adult or minor child head of lie on the table; as follows: velopment for Everyone Act. household who received assistance during ‘‘(C) MEETINGS.—The advisory panel estab- the month was subsequently determined eli- On page 253, between lines 6 and 7, and in- lished under subparagraph (A) shall meet— gible for supplemental security income bene- sert the following: ‘‘(i) at least 3 times during the first year fits under title XVI during the fiscal year’’ (d) RESEARCH ON INDICATORS OF CHILD after the date of enactment of the Personal before the semicolon; and WELL-BEING.—Section 413 (42 U.S.C. 613), as Responsibility and Individual Development (B) in subclause (II), by inserting ‘‘and (if amended by subsection (a), is amended by for Everyone Act; and the State elected the option described in sub- adding at the end the following: ‘‘(ii) annually thereafter for the 3 suc- clause (I)) not including families for which ‘‘(m) INDICATORS OF CHILD WELL-BEING.— ceeding years. the adult or minor child head of household ‘‘(1) IN GENERAL.—The Secretary, through ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— who received assistance during the month grants, contracts, or interagency agreements There are authorized to be appropriated for was subsequently determined eligible for shall develop comprehensive indicators to each of fiscal years 2005 through 2009, supplemental security income benefits under assess child well-being in each State. $10,000,000 for the purpose of carrying out title XVI during the fiscal year’’ before the ‘‘(2) REQUIREMENTS.— this subsection.’’. period. ‘‘(A) IN GENERAL.—The indicators developed under paragraph (1) shall include meas- SA 2992. Mr. ROCKEFELLER sub- SA 2994. Mr. HATCH submitted an ures related to the following: mitted an amendment intended to be amendment intended to be proposed by ‘‘(i) Education. proposed by him to the bill H.R. 4, to him to the bill H.R. 4, to reauthorize ‘‘(ii) Social and emotional development. reauthorize and improve the program and improve the program of block ‘‘(iii) Health and safety. of block grants to States for temporary grants to States for temporary assist- ‘‘(iv) Family well-being, such as family assistance for needy families, improve ance for needy families, improve access structure, income, employment, child care access to quality child care, and for arrangements, and family relationships. to quality child care, and for other pur- other purposes; which was ordered to ‘‘(B) OTHER REQUIREMENTS.—The data col- poses; which was ordered to lie on the lected with respect to the indicators devel- lie on the table; as follows: table; as follows: oped under paragraph (1) shall be— On page 230, between lines 22 and 23, insert At the appropriate place, insert the fol- ‘‘(i) statistically representative at the the following: lowing: State level; (b) LIMITATION ON PENALTY FOR FAILURE TO ll ‘‘(ii) consistent across States; SATISFY MINIMUM PARTICIPATION RATES FOR TITLE —PARENTAL RESPONSIBILITY ‘‘(iii) collected on an annual basis for at IMPROVING STATES.—Section 409(a)(3) (42 OBLIGATIONS MET THROUGH IMMIGRA- least the 5 years preceding the year of collec- U.S.C. 609(a)(3)), as amended by section TION SYSTEM ENFORCEMENT tion; 110(a)(2)(B), is amended— SEC. ll01. SHORT TITLE OF TITLE. ‘‘(iv) expressed in terms of rates or per- (1) in subparagraph (A), by striking ‘‘If the This title may be cited as the ‘‘Parental centages; Secretary’’ and inserting ‘‘Subject to sub- Responsibility Obligations Met through Im- ‘‘(v) statistically representative at the na- paragraphs (C) and (D), if the Secretary’’; migration System Enforcement Act’’ or tional level; and ‘‘PROMISE Act’’. ‘‘(vi) measured with reliability; (2) by adding at the end the following: SEC. ll02. ALIENS INELIGIBLE TO RECEIVE ‘‘(vii) current; and ‘‘(D) LIMITATION ON APPLICATION OF PEN- VISAS AND EXCLUDED FROM ADMIS- ‘‘(viii) over-sampled, with respect to low- ALTY FOR FAILURE TO SATISFY MINIMUM PAR- SION FOR NONPAYMENT OF CHILD income children and families. TICIPATION RATE.—Notwithstanding the pre- SUPPORT. ‘‘(C) CONSULTATION.—In developing the in- ceding subparagraphs of this paragraph, in Section 212(a)(10) of the Immigration and dicators required under paragraph (1) and the the case of a State that has a participation Nationality Act (8 U.S.C. 1182(a)(10)) is means to collect the data required with re- rate under section 407(b) for the fiscal year amended by adding at the end the following: spect to the indicators, the Secretary shall that is at least 5 percentage points more ‘‘(F) NONPAYMENT OF CHILD SUPPORT.— consult and collaborate with the Federal than the participation rate determined under ‘‘(i) IN GENERAL.—Except as provided in Interagency Forum on Child and Family Sta- that section for the State for the preceding clause (ii), an alien who is legally obligated tistics. fiscal year, the Secretary shall not reduce under a judgment, decree, or order to pay ‘‘(3) ADVISORY PANEL.— the grant payable to a State under section child support and whose failure to pay such ‘‘(A) ESTABLISHMENT.—The Secretary shall 403(a)(1) for the immediately succeeding fis- child support has resulted in arrearages that establish an advisory panel to make rec- cal year based on the failure of the State to exceed the amount specified in section ommendations regarding the appropriate comply with section 407(a). In the case of a 454(31) of the Social Security Act (42 U.S.C. measures and statistical tools necessary for State that operated a State program under 654(31)) is inadmissible. making the assessment required under para- this part under waiver authority under sec- ‘‘(ii) EXCEPTION.—An alien described in graph (1) based on the indicators developed tion 415, 1115, or otherwise, that expired dur- clause (i) may be admissible when— under that paragraph and the data collected ing the preceding fiscal year, the Secretary ‘‘(I) child support payments under the with respect to the indicators. shall take the expiration of such waiver into judgment, decree, or order are satisfied; or ‘‘(B) MEMBERSHIP.— account for purposes of applying this sub- ‘‘(II) the alien is in compliance with an ap- ‘‘(i) IN GENERAL.—The advisory panel es- paragraph to that State for the immediately proved payment agreement. tablished under subparagraph (A) shall con- succeeding fiscal year.’’. ‘‘(iii) FEDERAL PARENT LOCATOR SERVICE.— sist of the following: The Federal Parent Locator Service, estab- ‘‘(I) One member appointed by the Sec- SA 2993. Mr. ROCKEFELLER (for lished under section 453 of the Social Secu- retary of Health and Human Services. himself and Mrs. LINCOLN) submitted rity Act (42 U.S.C. 653), shall be used to de- ‘‘(II) One member appointed by the Chair- an amendment intended to be proposed termine if an alien is inadmissible under man of the Committee on Ways and Means of by him to the bill H.R. 4, to reauthor- clause (i). the House of Representatives. ize and improve the program of block ‘‘(iv) REQUEST BY FOREIGN COUNTRY.—For ‘‘(III) One member appointed by the Rank- grants to States for temporary assist- purposes of clause (i), any request for serving Member of the Committee on Ways and ices by a foreign reciprocating country or a Means of the House of Representatives. ance for needy families, improve access foreign country with which a State has an ‘‘(IV) One member appointed by the Chair- to quality child care, and for other pur- arrangement described in section 459A(d) of man of the Committee on Finance of the poses; which was ordered to lie on the the Social Security Act (42 U.S.C. 659a(d)) Senate. table; as follows: shall be treated as a State request.’’.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3491 SEC. ll03. AUTHORITY TO PAROLE ALIENS EX- ‘‘(A) IN GENERAL.—Notwithstanding any poses; which was ordered to lie on the CLUDED FROM ADMISSION FOR other provision of law and in accordance table; as follows: NONPAYMENT OF CHILD SUPPORT. with the requirements of subsection (b), on Section 212(d)(5) of the Immigration and At the appropriate place, insert the fol- request by the Attorney General, Secretary lowing: Nationality Act (8 U.S.C. 1182(d)(5)) is of Homeland Security, or Secretary of State, amended by adding at the end the following: the Secretary of Health and Human Services TITLE ll—FAMILY OPPORTUNITY ACT ‘‘(C)(i) The Secretary of Homeland Secu- shall provide and transmit to authorized per- SEC. ll01. SHORT TITLE OF TITLE. rity may, in the Secretary’s discretion, pa- This title may be cited as the ‘‘Family Op- role into the United States, or in the case of sons through the Federal Parent Locator Service such information as the Secretary of portunity Act of 2004’’ or the ‘‘Dylan Lee an alien who is applying for a visa at a con- James Act’’. sular post, grant advance parole, to any Health and Human Services determines may aid the authorized person in establishing SEC. ll02. OPPORTUNITY FOR FAMILIES OF DIS- alien who is inadmissible under subsection ABLED CHILDREN TO PURCHASE (a)(10)(F)(i) if— whether an alien is delinquent in the payment of child support. MEDICAID COVERAGE FOR SUCH ‘‘(I) the Secretary of Homeland Security CHILDREN. ‘‘(B) AUTHORIZED PERSON DEFINED.—For places such alien into removal proceedings; (a) STATE OPTION TO ALLOW FAMILIES OF purposes of subparagraph (A), the term ‘au- ‘‘(II) the alien demonstrates to the satis- DISABLED CHILDREN TO PURCHASE MEDICAID thorized person’ means any administrative faction of the Secretary of Homeland Secu- COVERAGE FOR SUCH CHILDREN.— agency, immigration officer, or consular offi- rity that such parole is essential to the com- (1) IN GENERAL.—Section 1902 (42 U.S.C. cer (as defined in section 101(a) of the Immi- pliance and fulfillment of child support obli- 1396a) is amended— gration and Nationality Act (8 U.S.C. 1101(a)) gations; (A) in subsection (a)(10)(A)(ii)— having the authority to investigate or en- ‘‘(III) the alien demonstrates that the alien (i) by striking ‘‘or’’ at the end of subclause force the naturalization laws of the United has employment in the United States and is (XVII); States with respect to the legal entry and authorized by law for employment in the (ii) by adding ‘‘or’’ at the end of subclause status of aliens.’’. United States; and (XVIII); and ‘‘(IV) the alien is not inadmissible under SEC. ll07. EFFECTIVE DATE. (iii) by adding at the end the following new any other provision of law. This Act and the amendments made by subclause: ‘‘(ii) The Secretary of State may permit an this Act shall take effect on the date that is ‘‘(XIX) who are disabled children described alien described in clause (i) to present him- 90 days after the date of enactment of this in subsection (cc)(1);’’; and self or herself at a port of entry for the lim- Act and shall apply to aliens who apply for (B) by adding at the end the following new ited purpose of seeking parole pursuant to benefits under the Immigration and Nation- subsection: clause (i).’’. ality Act (8 U.S.C. 1101 et seq.) on or after ‘‘(cc)(1) Individuals described in this para- SEC. ll04. EFFECT OF NONPAYMENT OF CHILD such effective date. graph are individuals— SUPPORT ON ESTABLISHMENT OF ‘‘(A) who have not attained 18 years of age; GOOD MORAL CHARACTER. SA 2995. Mr. HATCH submitted an ‘‘(B) who would be considered disabled Section 101(f) of the Immigration and Na- amendment intended to be proposed by under section 1614(a)(3)(C) but for having tionality Act (8 U.S.C. 1101(f)) is amended— earnings or deemed income or resources (as (1) in paragraph (8), by striking the period him to the bill H.R. 4, to reauthorize determined under title XVI for children) that at the end and inserting ‘‘; or’’; and and improve the program of block exceed the requirements for receipt of sup- (2) by inserting after paragraph (8) the fol- grants to States for temporary assist- plemental security income benefits; and lowing: ance for needy families, improve access ‘‘(C) whose family income does not exceed ‘‘(9) one who is legally obligated under a to quality child care, and for other pur- such income level as the State establishes judgment, decree, or order to pay child sup- poses; which was ordered to lie on the and does not exceed— port (as defined in section 459(i) of the Social table; as follows: ‘‘(i) 250 percent of the poverty line (as de- Security Act (42 U.S.C. 659(i))) and whose fined in section 2110(c)(5)) applicable to a failure to pay such child support has resulted On page 154, between lines 15 and 16, insert family of the size involved; or in arrearages that exceed the amount speci- the following: ‘‘(ii) such higher percent of such poverty fied in section 454(31) of that Act (42 U.S.C. ‘‘(ix) Training for individuals who will con- line as a State may establish, except that— 654(31)), unless support payments under the duct any of the programs or activities de- ‘‘(I) any medical assistance provided to an judgment, decree, or order are satisfied or scribed in clauses (i) through (viii). individual whose family income exceeds 250 the alien is in compliance with an approved On page 239, between lines 8 and 9, insert percent of such poverty line may only be payment agreement.’’. the following: (c) CLARIFICATION OF APPLICATION OF IN- provided with State funds; and SEC. ll05. AUTHORIZATION TO SERVE LEGAL PROCESS IN CHILD SUPPORT CASES DIAN EMPLOYMENT, TRAINING AND RELATED ‘‘(II) no Federal financial participation ON CERTAIN VISA APPLICANTS AND SERVICES DEMONSTRATION ACT OF 1992.—Sec- shall be provided under section 1903(a) for ARRIVING ALIENS. tion 412 (42 U.S.C.612), as amended by section any medical assistance provided to such an Section 235(d) of the Immigration and Na- 108(b)(2), is amended by adding at the end the individual.’’. tionality Act (8 U.S.C. 1225(d)) is amended by following: (2) INTERACTION WITH EMPLOYER-SPONSORED adding at the end the following: ‘‘(i) APPLICATION OF INDIAN EMPLOYMENT, FAMILY COVERAGE.—Section 1902(cc) (42 ‘‘(5) AUTHORITY TO SERVE PROCESS IN CHILD TRAINING AND RELATED SERVICES DEM- U.S.C. 1396a(cc)), as added by paragraph SUPPORT CASES.— ONSTRATION ACT OF 1992.—Notwithstanding (1)(B), is amended by adding at the end the ‘‘(A) IN GENERAL.—To the extent consistent any other provision of law, if an Indian tribe following new paragraph: with State law, immigration officers are au- elects to incorporate the services it provides ‘‘(2)(A) If an employer of a parent of an in- thorized to serve on any alien who is an ap- using funds made available under this part dividual described in paragraph (1) offers plicant for admission to the United States, into a plan under section 6 of the Indian Em- family coverage under a group health plan legal process with respect to— ployment, Training and Related Services (as defined in section 2791(a) of the Public ‘‘(i) any action to enforce a legal obliga- Demonstration Act of 1992 (25 U.S.C. 3405), Health Service Act), the State shall— tion of an individual to pay child support (as the programs authorized to be conducted ‘‘(i) require such parent to apply for, enroll defined in section 459(i) of the Social Secu- with such funds shall be— in, and pay premiums for, such coverage as a rity Act (42 U.S.C. 659(i)); or ‘‘(1) considered to be programs subject to condition of such parent’s child being or re- ‘‘(ii) any action to establish paternity. section 5 of the Indian Employment, Train- maining eligible for medical assistance ‘‘(B) DEFINITION.—For purposes of subpara- ing and Related Services Demonstration Act under subsection (a)(10)(A)(ii)(XIX) if the graph (A), the term ‘legal process’ means any of 1992 (25 U.S.C. 3404); and parent is determined eligible for such cov- writ, order, summons, or other similar proc- ‘‘(2) subject to the single plan and single erage and the employer contributes at least ess that is issued by— budget requirements of section 6 of that Act 50 percent of the total cost of annual pre- ‘‘(i) a court or an administrative agency of (25 U.S.C. 3505) and the single report format miums for such coverage; and competent jurisdiction in any State, terri- required under section 11 of that Act (25 ‘‘(ii) if such coverage is obtained— tory, or possession of the United States; or U.S.C. 3410).’’. ‘‘(I) subject to paragraph (2) of section ‘‘(ii) an authorized official pursuant to an On page 305, line 22, insert ‘‘or calculated 1916(h), reduce the premium imposed by the order of such a court or agency or pursuant by the State based on such order’’ before the State under that section in an amount that to State or local law.’’. first period. reasonably reflects the premium contribu- SEC. ll06. AUTHORIZATION TO OBTAIN INFOR- tion made by the parent for private coverage MATION ON CHILD SUPPORT PAY- SA 2996. Mr. GRASSLEY submitted on behalf of a child with a disability; and MENTS BY ALIENS. an amendment intended to be proposed ‘‘(II) treat such coverage as a third party Section 453(h) (42 U.S.C. 653(h)) is amended by him to the bill H.R. 4, to reauthor- liability under subsection (a)(25). by adding at the end the following: ‘‘(B) In the case of a parent to which sub- ‘‘(4) PROVISION TO ATTORNEY GENERAL, SEC- ize and improve the program of block paragraph (A) applies, a State, subject to RETARY OF HOMELAND SECURITY, AND SEC- grants to States for temporary assist- paragraph (1)(C)(ii), may provide for pay- RETARY OF STATE OF INFORMATION ON PERSONS ance for needy families, improve access ment of any portion of the annual premium DELINQUENT IN CHILD SUPPORT PAYMENTS.— to quality child care, and for other pur- for such family coverage that the parent is

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3492 CONGRESSIONAL RECORD — SENATE March 31, 2004 required to pay. Any payments made by the (A) by inserting ‘‘, or who are determined ‘‘(A) With respect to fiscal year 2006, such State under this subparagraph shall be con- to be likely to require inpatient psychiatric centers shall be developed in not less than 25 sidered, for purposes of section 1903(a), to be hospital services for individuals under age States. payments for medical assistance.’’. 21,’’ after ‘‘, or intermediate care facility for ‘‘(B) With respect to fiscal year 2007, such (b) STATE OPTION TO IMPOSE INCOME-RE- the mentally retarded’’; and centers shall be developed in not less than 40 LATED PREMIUMS.—Section 1916 (42 U.S.C. (B) by striking ‘‘or services in an inter- States. 1396o) is amended— mediate care facility for the mentally re- ‘‘(C) With respect to fiscal year 2008, such (1) in subsection (a), by striking ‘‘sub- tarded’’ and inserting ‘‘services in an inter- centers shall be developed in all States. section (g)’’ and inserting ‘‘subsections (g) mediate care facility for the mentally re- ‘‘(4) The provisions of this title that are and (h)’’; and tarded, or inpatient psychiatric hospital applicable to the funds made available to the (2) by adding at the end the following new services for individuals under age 21’’; and Secretary under section 502(a)(1) apply in the subsection: (4) in paragraph (7)(A)— same manner to funds made available to the ‘‘(h)(1) With respect to disabled children (A) by inserting ‘‘or would require inpa- Secretary under paragraph (1)(A). provided medical assistance under section tient psychiatric hospital services for indi- ‘‘(5) For purposes of this subsection, the 1902(a)(10)(A)(ii)(XIX), subject to paragraph viduals under age 21,’’ after ‘‘intermediate term ‘State’ means each of the 50 States and (2), a State may (in a uniform manner for care facility for the mentally retarded,’’; and the District of Columbia.’’. such children) require the families of such (B) by inserting ‘‘or who would require in- SEC. ll05. RESTORATION OF MEDICAID ELIGI- children to pay monthly premiums set on a patient psychiatric hospital services for indi- BILITY FOR CERTAIN SSI BENE- sliding scale based on family income. viduals under age 21’’ before the period. FICIARIES. ‘‘(2) A premium requirement imposed (b) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—Section under paragraph (1) may only apply to the made by subsection (a) apply with respect to 1902(a)(10)(A)(i)(II) (42 U.S.C. extent that— medical assistance provided on or after Octo- 1396a(a)(10)(A)(i)(II)) is amended— ‘‘(A) the aggregate amount of such pre- ber 1, 2006. (1) by inserting ‘‘(aa)’’ after ‘‘(II)’’; mium and any premium that the parent is SEC. ll04. DEVELOPMENT AND SUPPORT OF (2) by striking ‘‘) and’’ and inserting required to pay for family coverage under FAMILY-TO-FAMILY HEALTH INFOR- ‘‘and’’; MATION CENTERS. section 1902(cc)(2)(A)(i) does not exceed 5 per- (3) by striking ‘‘section or who are’’ and in- Section 501 (42 U.S.C. 701) is amended by cent of the family’s income; and adding at the end the following new sub- serting ‘‘section), (bb) who are’’; and ‘‘(B) the requirement is imposed consistent section: (4) by inserting before the comma at the with section 1902(cc)(2)(A)(ii)(I). ‘‘(c)(1)(A) For the purpose of enabling the end the following: ‘‘, or (cc) who are under 21 ‘‘(3) A State shall not require prepayment Secretary (through grants, contracts, or oth- years of age and with respect to whom sup- of a premium imposed pursuant to paragraph erwise) to provide for special projects of re- plemental security income benefits would be (1) and shall not terminate eligibility of a gional and national significance for the de- paid under title XVI if subparagraphs (A) and child under section 1902(a)(10)(A)(ii)(XIX) for velopment and support of family-to-family (B) of section 1611(c)(7) were applied without medical assistance under this title on the health information centers described in regard to the phrase ‘the first day of the basis of failure to pay any such premium paragraph (2)— month following’ ’’. until such failure continues for a period of ‘‘(i) there is appropriated to the Secretary, (b) EFFECTIVE DATE.—The amendments not less than 60 days from the date on which out of any money in the Treasury not other- made by subsection (a) shall apply to med- the premium became past due. The State wise appropriated— ical assistance for items and services fur- may waive payment of any such premium in ‘‘(I) $3,000,000 for fiscal year 2006; nished on or after January 1, 2006. any case where the State determines that re- ‘‘(II) $4,000,000 for fiscal year 2007; and quiring such payment would create an undue ‘‘(III) $5,000,000 for fiscal year 2008; and SA 2997. Mr. SANTORUM submitted hardship.’’. ‘‘(ii) there is authorized to be appropriated an amendment intended to be proposed (c) CONFORMING AMENDMENT.—Section to the Secretary, $5,000,000 for each of fiscal by him to the bill H.R. 4, to reauthor- 1903(f)(4) (42 U.S.C. 1396b(f)(4)) is amended in years 2009 and 2010. ize and improve the program of block the matter preceding subparagraph (A), by ‘‘(B) Funds appropriated or authorized to inserting ‘‘1902(a)(10)(A)(ii)(XIX),’’ after be appropriated under subparagraph (A) grants to States for temporary assist- ‘‘1902(a)(10)(A)(ii)(XVIII),’’. shall— ance for needy families, improve access (d) RULE OF CONSTRUCTION.—Notwith- ‘‘(i) be in addition to amounts appropriated to quality child care, and for other pur- standing any other provision of law, nothing under subsection (a) and retained under sec- poses; which was ordered to lie on the in the amendments made by this section tion 502(a)(1) for the purpose of carrying out table; as follows: shall be construed as permitting the applica- activities described in subsection (a)(2); and On page 295, between lines 10 and 11, insert tion of the enhanced FMAP (as defined in ‘‘(ii) remain available until expended. the following: section 2105(b) of the Social Security Act (42 ‘‘(2) The family-to-family health informa- U.S.C. 1397ee(b)) to expenditures that are at- tion centers described in this paragraph are SEC. 121. APPLICATION OF PROVISIONS RELAT- tributable to disabled children provided med- centers that— ING TO CHARITABLE, RELIGIOUS, OR PRIVATE ORGANIZATIONS TO CON- ical assistance under section ‘‘(A) assist families of children with dis- TRACTS TO PROVIDE SERVICES 1902(a)(10)(A)(ii)(XIX) of such Act (42 U.S.C. abilities or special health care needs to UNDER THE SOCIAL SERVICES 1396a(a)(10)(A)(ii)(XIX)) (as added by sub- make informed choices about health care in BLOCK GRANT. section (a) of this section). order to promote good treatment decisions, (a) IN GENERAL.—Section 104(a)(2) of the (e) EFFECTIVE DATE.—The amendments cost-effectiveness, and improved health out- Personal Responsibility and Work Oppor- made by this section shall apply to medical comes for such children; tunity Reconciliation Act of 1996 (42 U.S.C. assistance for items and services furnished ‘‘(B) provide information regarding the 604a(a)(2)) is amended by adding at the end on or after October 1, 2006. health care needs of, and resources available the following: SEC. ll03. TREATMENT OF INPATIENT PSY- for, children with disabilities or special ‘‘(C) The program to provide block grants CHIATRIC HOSPITAL SERVICES FOR health care needs; to States for social services established INDIVIDUALS UNDER AGE 21 IN ‘‘(C) identify successful health delivery under title XX of the Social Security Act (42 HOME OR COMMUNITY-BASED SERV- models for such children; U.S.C. 1397 et seq.).’’. ICES WAIVERS. ‘‘(D) develop with representatives of health (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Section 1915(c) (42 U.S.C. care providers, managed care organizations, made by subsection (a) takes effect on the 1396n(c)) is amended— health care purchasers, and appropriate date of enactment of this Act. (1) in paragraph (1)— State agencies a model for collaboration be- (A) in the first sentence, by inserting ‘‘, or tween families of such children and health Mr. ENSIGN submitted an would require inpatient psychiatric hospital SA 2998. professionals; amendment intended to be proposed by services for individuals under age 21,’’ after ‘‘(E) provide training and guidance regard- ‘‘intermediate care facility for the mentally ing caring for such children; him to the bill H.R. 4, to reauthorize retarded’’; and ‘‘(F) conduct outreach activities to the and improve the program of block (B) in the second sentence, by inserting ‘‘, families of such children, health profes- grants to States for temporary assist- or would require inpatient psychiatric hos- sionals, schools, and other appropriate enti- ance for needy families, improve access pital services for individuals under age 21’’ ties and individuals; and to quality child care, and for other pur- before the period; ‘‘(G) are staffed by families of children poses; which was ordered to lie on the (2) in paragraph (2)(B), by striking ‘‘or with disabilities or special health care needs table; as follows: services in an intermediate care facility for who have expertise in Federal and State pub- the mentally retarded’’ each place it appears lic and private health care systems and At the appropriate place, insert the fol- and inserting ‘‘services in an intermediate health professionals. lowing: care facility for the mentally retarded, or in- ‘‘(3) The Secretary shall develop family-to- SEC. 121. FRAUD PREVENTION. patient psychiatric hospital services for indi- family health information centers described (a) ENFORCEMENT OF PROHIBITION ON AS- viduals under age 21’’; in paragraph (2) in accordance with the fol- SISTANCE FOR FUGITIVE FELONS AND PROBA- (3) in paragraph (2)(C)— lowing: TION AND PAROLE VIOLATORS.—Section

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3493 408(a)(9) (42 U.S.C. 608(a)(9)) is amended by to quality child care, and for other pur- (ll) REQUIREMENT.—Notwithstanding any adding at the end the following: poses; which was ordered to lie on the other provision of law, with respect to any ‘‘(C) ENFORCEMENT.— table; as follows: medical assistance under the medicaid pro- ‘‘(i) REQUIREMENT TO COMPARE APPLICANTS gram that, before the date of enactment of At the appropriate place, add the fol- AGAINST FBI DATABASE.—Beginning with fis- this Act, could not be provided to an alien lowing: cal year 2005, each State to which a grant is and, as a result of a provision of, or an (ll) REQUIREMENT.—Notwithstanding any amendment made by, this Act, may be pro- made under section 403 shall compare infor- other provision of law, with respect to any mation on each adult applicant for assist- vided to an alien on or after such date, such Federal means-tested public benefit (as de- assistance shall not be provided unless the ance under the State program funded under fined for purposes of title IV of the Personal this part, benefits under the food stamp pro- sponsor of the alien executes an affidavit at- Responsibility and Work Opportunity Rec- testing that the sponsor lacks the means to gram, supplemental security income benefits onciliation Act of 1996) that, before the date under title XVI, or cash benefits under the provide the assistance or its equivalent to of enactment of this Act, could not be pro- the alien. unemployment compensation law of a State vided to an alien and, as a result of a provi- approved by the Secretary of Labor under sion of, or an amendment made by, this Act, section 3304 of the Internal Revenue Code of SA 3004. Mr. SESSIONS submitted an may be provided to an alien on or after such amendment intended to be proposed by 1986, against the database of wanted felons date, such benefit shall not be provided un- maintained by the Federal Bureau of Inves- him to the bill H.R. 4, to reauthorize less proof of legal immigrant status is sub- and improve the program of block tigation in order to determine if the appli- mitted with the application for such benefit. cant is a wanted felon. grants to States for temporary assist- ‘‘(ii) REQUIREMENT TO NOTIFY LAW ENFORCE- SA 3001. Mr. KYL submitted an ance for needy families, improve access MENT AUTHORITIES.—If an adult applicant amendment intended to be proposed by to quality child care, and for other pur- matches an individual listed in the database him to the bill H.R. 4, to reauthorize poses; which was ordered to lie on the referred to in clause (i), the State shall im- table; as follows: mediately notify the appropriate law en- and improve the program of block forcement authorities of the match.’’. grants to States for temporary assist- At the appropriate place, insert the fol- (b) REQUIREMENT TO USE ACCURATE EM- ance for needy families, improve access lowing: PLOYMENT INFORMATION.—Section 408 (42 to quality child care, and for other pur- SEC. ll. REIMBURSEMENT FOR MEANS-TESTED U.S.C. 608), as amended by this Act, is fur- poses; which was ordered to lie on the PUBLIC BENEFITS PROVIDED TO ther amended by adding at the end the fol- SPONSORED ALIENS. table; as follows: (a) IN GENERAL.—Section 1137(d) (42 U.S.C. lowing: At the appropriate place, add the fol- ‘‘(h) STATE REQUIREMENT TO UTILIZE ACCU- 1320b–7(d)) is amended— lowing: RATE EMPLOYMENT INFORMATION.— (1) by striking paragraph (2) and inserting (ll) REQUIREMENT.—Notwithstanding any ‘‘(1) COMPARISON OF RECIPIENTS WITH INFOR- the following: other provision of law, with respect to any MATION IN THE NATIONAL DIRECTORY OF NEW ‘‘(2) If such an individual is not a citizen or Federal means-tested public benefit (as de- HIRES.—Not later than July 2004, and each national of the United States, there must be fined for purposes of title IV of the Personal month thereafter, each State to which a presented— Responsibility and Work Opportunity Rec- grant is made under section 403 promptly ‘‘(A) either— onciliation Act of 1996) that, before the date shall compare each adult recipient of assist- ‘‘(i) alien registration documentation or of enactment of this Act, could not be pro- ance under a State program funded under other proof of immigration registration from vided to an alien and, as a result of a provi- this part with information in the National the Immigration and Naturalization Service sion of, or an amendment made by, this Act, Directory of New Hires established under that contains the individual’s alien admis- may be provided to an alien on or after such section 453(i) to determine if the adult re- sion number or alien file number (or num- date, such benefit shall not be provided un- cipient has earnings that have not been re- bers if the individual has more than one less— ported to the State agency responsible for number); or (1) proof of legal immigrant status is sub- administering the program funded under this ‘‘(ii) such other documents as the State de- mitted with the application for such benefit; part. termines constitutes reasonable evidence in- and ‘‘(2) REDUCTION OF CASH ASSISTANCE AND dicating a satisfactory immigration status; (2) the sponsor of the alien executes an af- PENALTIES.—If the comparison under para- and fidavit attesting that the sponsor lacks the graph (1) demonstrates that an adult recipi- ‘‘(B) such information and documentation means to provide the benefit or its equiva- ent has unreported earnings, the State shall as is necessary in order for the State to de- lent to the alien. reduce cash assistance to the adult recipient termine if the alien has a sponsor in order to and apply penalties, as appropriate.’’. comply with the requirements of section SA 3002. Mr. KYL submitted an 213A of the Immigration and Nationality SA 2999. Mr. KYL submitted an amendment intended to be proposed by Act.’’; and amendment intended to be proposed by him to the bill H.R. 4, to reauthorize (2) by striking paragraph (3) and inserting him to the bill H.R. 4, to authorize and and improve the program of block the following: grants to States for temporary assist- ‘‘(3) If documentation required under para- improve the program of block grants to graph (2) is presented, the State shall— States for temporary assistance for ance for needy families, improve access to quality child care, and for other pur- ‘‘(A) utilize the individual’s alien file or needy families, improve access to qual- alien admission number to verify with the ity child care, and for other purposes; poses; which was ordered to lie on the Immigration and Naturalization Service the which was ordered to lie on the table; table; as follows: individual’s immigration status through an as follows: At the appropriate place, add the fol- automated or other system (designated by lowing: At the appropriate place, add the fol- the Service for use with States) that— (ll) REQUIREMENT.—Notwithstanding any ‘‘(i) utilizes the individual’s name, file lowing: other provision of law, with respect to any (ll) REQUIREMENT.—Notwithstanding any number, admission number, or other means medical assistance under the medicaid pro- other provision of law, with respect to any permitting efficient verification; and gram that, before the date of enactment of Federal means-tested public benefit (as de- ‘‘(ii) protects the individual’s privacy to this Act, could not be provided to an alien fined for purposes of title IV of the Personal the maximum degree possible; and, as a result of a provision of, or an Responsibility and Work Opportunity Rec- ‘‘(B) verify through such system whether amendment made by, this Act, may be pro- onciliation Act of 1996) that, before the date the alien has a sponsor and if so, the exist- vided to an alien on or after such date, such of enactment of this Act, could not be pro- ence of an affidavit of support executed by assistance shall not be provided unless proof vided to an alien and, as a result of a provi- such sponsor; and of legal immigrant status is submitted with sion of, or an amendment made by, this Act, ‘‘(C) if such an affidavit of support exists, the application for such assistance. may be provided to an alien on or after such request reimbursement by the sponsor in an date, such benefit shall not be provided un- amount equal to the unreimbursed costs of SA 3003. Mr. KYL submitted an any benefits that have been or will be pro- less the sponsor of the alien executes an affi- amendment intended to be proposed by davit attesting that the sponsor lacks the vided to the alien in accordance with section means to provide the benefit or its equiva- him to the bill H.R. 4, to reauthorize 213A of the Immigration and Nationality lent to the alien. and improve the program of block Act.’’. grants to States for temporary assist- (b) CONFORMING AMENDMENT.—Section SA 3000. Mr. KYL submitted an ance for needy families, improve access 1137(d)(4) (42 U.S.C. 1320b–7(d)(4)) is amended amendment intended to be proposed by to quality child care, and for other pur- by striking ‘‘paragraph (2)(A)’’ and inserting ‘‘subparagraphs (A)(i) and (B) of paragraph him to the bill H.R. 4, to reauthorize poses; which was ordered to lie on the (2)’’. and improve the program of block table; as follows: grants to States for temporary assist- At the appropriate place, add the fol- SA 3005. Mr. SESSIONS submitted an ance for needy families, improve access lowing: amendment intended to be proposed by

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3494 CONGRESSIONAL RECORD — SENATE March 31, 2004 him to the bill H.R. 4, to reauthorize ‘‘SEC. 2. DEFINITIONS. ‘‘(A) the boxer who is to participate in the and improve the program of block ‘‘In this Act: match or matches; or grants to States for temporary assist- ‘‘(1) COMMISSION.—The term ‘Commission’ ‘‘(B) the nominee of a boxer who is to par- means the United States Boxing Commis- ticipate in the match or matches, or the ance for needy families, improve access sion. to quality child care, and for other pur- nominee is an entity that is owned, con- ‘‘(2) BOUT AGREEMENT.—The term ‘bout trolled or held in trust, for the boxer unless poses; which was ordered to lie on the agreement’ means a contract between a pro- that nominee or entity is a licensed pro- table; as follows: moter and a boxer that requires the boxer to moter who is conveying a, portion of the At the end of the amendment, add the fol- participate in a professional boxing match rights previously acquired. for a particular date. lowing: ‘‘(16) STATE.—The term ‘State’ means each ‘‘(3) BOXER.—The term ‘boxer’ means an in- (ll) REQUIREMENT.—Notwithstanding any of the 50 States, Puerto Rico, the District of dividual who fights in a professional boxing other provision of law, with respect to any Columbia, and any territory or possession of match. Federal means-tested public benefit (as de- the United States, including the Virgin Is- ‘‘(4) BOXING COMMISSION.—The term ‘boxing fined for purposes of title IV of the Personal lands. Responsibility and Work Opportunity Rec- commission’ means an entity authorized onciliation Act of 1996) that, before the date under State or tribal law to regulate profes- ‘‘(17) SANCTIONING ORGANIZATION.—The of enactment of this Act, could not be pro- sional boxing matches. term ‘sanctioning organization’ means an or- vided to an alien and, as a result of a provi- ‘‘(5) BOXER REGISTRY.—The term ‘boxer ganization, other than a boxing commission, sion of, or an amendment made by, this Act, registry’ means any entity certified by the that sanctions professional boxing matches, may be provided to an alien on or after such Commission for the purposes of maintaining ranks professional boxers, or charges a sanc- date, such benefit shall not be provided un- records and identification of boxers. tioning fee for professional boxing matches less— ‘‘(6) BOXING SERVICE PROVIDER.—The term in the United States— (1) proof of legal immigrant status is sub- ‘boxing service provider’ means a promoter, ‘‘(A) between boxers who are residents of mitted with the application for such benefit; manager, sanctioning body, licensee, or different States; or and matchmaker. ‘‘(B) that are advertised, otherwise pro- (2) the sponsor of the alien executes an af- ‘‘ (7) CONTRACT PROVISION.—The term ‘con- moted, or broadcast (including closed circuit fidavit attesting that the sponsor lacks the tract provision’ means any legal obligation television) in interstate commerce. means to provide the benefit or its equiva- between a boxer and a boxing service pro- ‘‘(18) SUSPENSION.—The term ‘suspension’ lent to the alien. vider. includes within its meaning the temporary ‘‘(8) INDIAN LANDS; INDIAN TRIBE.—The revocation of a boxing license. Mr. FRIST (for Mr. MCCAIN terms ‘Indian lands’ and ‘Indian tribe’ have SA 3006. RIBAL ORGANIZATION.—The term the meanings given those terms by para- ‘‘(19) T (for himself, Mr. STEVENS, Mr. DORGAN, ‘tribal organization’ has the same meaning graphs (4) and (5), respectively, of section 4 and Mr. REID)) proposed an amendment as in section 4(1) of the Indian Self-Deter- of the Indian Gaming Regulatory Act (25 to the bill S. 275, to amend the Profes- mination and Education Assistance Act (25 U.S.C. 2703). U.S.C. 450b(1)).’’. sional Boxing Safety Act of 1996, and to ‘‘(9) LICENSEE.—The term ‘licensee’ means establish the United States Boxing Ad- an individual who serves as a trainer, corner (b) CONFORMING AMENDMENT.—Section 21 ministration; as follows: man, second, or cut man for a boxer. (15 U.S.C. 6312) is amended to read as follows: Strike all after the enacting clause and in- ‘‘(10) MANAGER.—The term ‘manager’ ‘‘SEC. 21. PROFESSIONAL BOXING MATCHES CON- sert the following: means a person other than a. promoter who, DUCTED ON INDIAN LANDS. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. under contract, agreement, or other arrange- ‘‘(a) IN GENERAL.—Notwithstanding any (a) SHORT TITLE.—This Act may be cited as ment with a boxer, undertakes to control or other provision of law, a. tribal organization the ‘‘Professional Boxing Amendments Act administer, directly or indirectly, a boxing- may establish a, boxing commission to regu- of 2004’’. related matter on behalf of that boxer, in- late professional boxing matches held on In- (b) TABLE OF CONTENTS.—The table of con- cluding a person who is a booking agent for dian land under the jurisdiction of that trib- tents for this Act is as follows: a boxer. al organization. ‘‘(11) MATCHMAKER.—The term ‘match- Sec. 1. Short title; table of contents. ‘‘(b) STANDARDS AND LICENSING.—A tribal maker’ means a person that proposes, se- Sec. 2. Amendment of Professional Boxing organization that establishes a boxing com- lects, and arranges for boxers to participate Safety Act, of 1996. mission shall, by tribal ordinance or resolu- in a professional boxing match. Sec. 3. Definitions. tion, establish and provide for the implemen- ‘‘(12) PHYSICIAN.—The term ‘physician’ Sec. 4. Purposes. tation of health and safety standards, licens- Sec. 5. United States Boxing Commission means a, doctor of medicine legally author- ing requirements, and other requirements re- approval, or ABC or commis- ized to practice medicine by the State in lating to the conduct of professional boxing sion sanction, required for which the physician per forms such function matches that are at least as restrictive as— matches. or action and who has training and experi- Sec. 6. Safety Standards. ence in dealing with sports injuries, particu- ‘‘(1) the otherwise applicable requirements Sec. 7. Registration. larly head trauma. of the State in which the Indian land on Sec. 8. Review. ‘‘(13) PROFESSIONAL BOXING MATCH.—The which the professional boxing match is held Sec. 9. Reporting. term ‘professional boxing match’ means a. is located; or Sec. 10. Contract requirements. boxing contest held in the United States be- ‘‘(2) the guidelines established by the Sec. 11. Coercive contracts. tween individuals for financial compensa- United States Boxing Commission. Sec. 12. Sanctioning organizations. tion. The term ‘professional boxing match’ Sec. 13. Required disclosures by sanctioning ‘‘(c) APPLICATION OF ACT TO BOXING does not include a boxing contest that is reg- organizations. MATCHES ON TRIBAL LANDS.—The provisions Sec. 14. Required disclosures by promoters. ulated by a duly recognized amateur sports of this Act apply to professional boxing Sec. 15. Judges and referees. organization, as approved by the Commis- matches held on tribal lands to the same ex- Sec. 16. Medical registry. sion. tent and in the same way as they apply to Sec. 17. Conflicts of interest. ‘‘(14) PROMOTER.—The term ‘promoter’— professional boxing matches held in any Sec. 18. Enforcement. ‘‘(A) means the person primarily respon- State.’’. Sec. 19. Repeal of deadwood. sible for organizing, promoting, and pro- SEC. 4. PURPOSES. Sec. 20. Recognition of tribal law. ducing a professional boxing match; but Sec. 21. Establishment of United States Box- ‘‘(B) does not include a hotel, casino, re- Section 3(2) (15 U.S.C. 6302(2)) is amended ing Commission. sort, or other commercial establishment by striking ‘‘State’’. Sec. 22. Study and report on definition of hosting or sponsoring a professional boxing SEC. 5. UNITED STATES BOXING COMMISSION AP- promoter. match unless— PROVAL, OR ABC OR COMMISSION Sec. 23. Effective date. ‘‘(i) the hotel, casino, resort, or other com- SANCTION, REQUIRED FOR SEC. 2. AMENDMENT OF PROFESSIONAL BOXING mercial establishment is primarily respon- MATCHES. SAFETY ACT OF 1996. sible for organizing, promoting, and pro- (a) IN GENERAL.—Section 4 (15 U.S.C. 6303) Except as otherwise expressly provided, ducing the match; and is amended to read as follows: whenever in this title an amendment or re- ‘‘(ii) there is no other person primarily re- ‘‘SEC. 4. APPROVAL OR SANCTION REQUIREMENT. peal is expressed in terms of an amendment sponsible for organizing, promoting, and pro- to, or repeal of, a section or other provision, ducing the match. ‘‘(a) IN GENERAL.—No person may arrange, the reference shall be considered to be made ‘‘(15) PROMOTIONAL AGREEMENT.—The term promote, organize, produce, or fight in a pro- to a section or other provision of the Profes- ‘promotional agreement’ means a contract, fessional boxing match within the United sional Boxing Safety Act of 1996 (15 U.S.C. for the acquisition of rights relating to a States unless the match— 6301 et seq.). boxer’s participation in a professional boxing ‘‘(1) is approved by the Commission; and SEC. 3. DEFINITIONS. match or series of boxing matches (including ‘‘(2) is held in a State, or on tribal land of (a) IN GENERAL.—Section 2 (15 U.S.C. 6301) the right to sell, distribute, exhibit, or li- a tribal organization, that regulates profes- is amended to read as follows: cense the match or matches), with— sional boxing snatches in accordance with

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3495 standards and criteria established by the (1) by striking ‘‘that, except as provided in ‘‘(1) post a copy, within 7 days after the Commission. subsection (b), no’’ in subsection (a)(2) and change, on its Internet website or home ‘‘(b) APPROVAL PRESUMED.— inserting ‘‘that, no’’; page, if any, including an explanation of the ‘‘(1) IN GENERAL.—For purposes of sub- (2) by striking paragraphs (3) and (4) of change, for a period of not less than 30 days; section (a), the Commission shall be pre- subsection (a) and inserting the following: ‘‘(2) provide a copy of the rating change sumed to have approved any match other ‘‘(3) Procedures to review a summary sus- and a thorough explanation in writing under than— pension when a hearing before, the boxing penalty of perjury to the boxer and the Com- ‘‘(A) a match with respect to which the commission is requested by a boxer, licensee, mission; Commission has been informed of an alleged manager, match maker; promoter, or other ‘‘(3) provide the boxer an opportunity to violation of this Act and with respect to boxing service provider which provides an appeal the ratings change to the sanctioning which it has notified the supervising boxing opportunity for that person to present evi- organization; and commission that it does not approve; dence.’’; ‘‘(4) apply the objective criteria for ratings ‘‘(B) a match advertised to the public as a (3) by striking subsection (b); and required under subsection (a) in considering championship match; (4) by striking ‘‘(a) PROCEDURES.— any such appeal. ‘‘(C) a, match scheduled for 10 rounds or SEC. 9. REPORTING. ‘‘(c) CHALLENGE OF RATING.—If, after dis- more; or Section 8 (15 U.S.C. 6307) is amended— posing with an appeal under subsection ‘‘(D) a match in which 1 of the boxers has— (1) by striking ‘‘48 business hours’’ and in- (b)(3), a sanctioning organization receives a ‘‘(i) suffered 10 consecutive defeats in pro- serting ‘‘2 business days’’; petition from a boxer challenging that orga- fessional boxing matches; or (2) by striking ‘‘bxoing’’ and inserting nization’s rating of the boxer, it shall (ex- ‘‘(ii) has been knocked out 5 consecutive ‘‘boxing’’; and cept to the extent otherwise required by the times in professional boxing matches. (3) by striking ‘‘each boxer registry.’’ and Commission), within 7 days after receiving ‘‘(2) DELEGATION OF APPROVAL AUTHORITY.— inserting ‘‘the Commission.’’. the petition— Notwithstanding paragraph (1), the Commis- SEC. 10. CONTRACT REQUIREMENTS. ‘‘(1) provide to the boxer a written expla- sion shall be presumed to have approved a Section 9 (15 U.S.C. 6307a) is amended to nation under penalty of perjury of the orga- match described in subparagraph (B), (C), or read as follows: nization’s rating criteria, its rating of the (D) of paragraph (1) if— boxer, and the rationale or basis for its rat- ‘‘(A) the Commission has delegated its ap- ‘‘SEC. 9. CONTRACT REQUIREMENTS. ‘‘(a) IN GENERAL.—The Commission, in con- ing (including a response to any specific proval authority with respect to that match questions submitted by the boxer); and to a boxing commission; and sultation with the Association of Boxing Commissions, shall develop guidelines for ‘‘(2) submit a copy of its explanation to the ‘‘(B) the boxing commission has approved Association of Boxing Commissions and the the match. minimum contractual provisions that shall be included in each bout agreement, boxer- Commission for their review.’’. ‘‘(3) KNOCKED-OUT DEFINED.—Except as may (b) CONFORMING AMENDMENTS.—Section manager contract, and promotional agree- be otherwise provided by the Commission by 18(e) (15 U.S.C. 6309(e)) is amended— ment. Each boxing commission shall ensure rule, in paragraph (1)(D)(ii), the term (1) by striking ‘‘FEDERAL TRADE COMMIS- that these minimal contractual provisions ‘knocked out’ means knocked down and un- SION,’’ in the subsection heading and insert- are present in any such agreement or con- able to continue after a count of 10 by the ing ‘‘UNITED STATES BOXING COMMISSION’’; tract submitted to it. referee or stopped from continuing because and ‘‘(b) FILING AND APPROVAL REQUIRE- of a technical knockout.’’. (2) by striking ‘‘Federal Trade Commis- MENTS.— (b) CONFORMING AMENDMENT.—Section 19 sion,’’ in paragraph (1) and inserting ‘‘United ‘‘(1) COMMISSION.—A manager or promoter (15 U.S.C. 6310) is repealed. States Boxing Commission,’’. shall submit a copy of each boxer-manager SEC. 6. SAFETY STANDARDS. contract and each promotional agreement SEC. 13. REQUIRED DISCLOSURES BY SANC- Section 5 (15 U.S.C. 6304) is amended— between that manager or promoter and a TIONING ORGANIZATIONS. (1) by striking ‘‘requirements or an alter- boxer to the Commission, and, if requested, Section 12 (15 U.S.C. 6307d) is amended— native requirement in effect under regula- (1) by striking the matter preceding para- to the boxing commission with jurisdiction tions of a boxing commission that provides graph (1) and inserting ‘‘Within 7 days after over the bout. equivalent protection of the health and safe- a professional boxing match of 10 rounds or ‘‘(2) BOXING COMMISSION.—A boxing com- ty of boxers:’’ and inserting ‘‘requirements:’’; mission may not approve a professional box- more, the sanctioning organization, if any, (2) by adding at the end of paragraph (1) ing match unless a copy of the bout agree- for that match shall provide to the Commis- ‘‘The examination shall include testing for ment related to that match has been filed sion, and, if requested, to the boxing com- infectious diseases in accordance with stand- with it and approved by it. mission in the State or on Indian land re- ards established by the Commission.’’; ‘‘(c) BOND OR OTHER SURETY.—A boxing sponsible for regulating the match, a written (3) by striking paragraph (2) and inserting commission may not approve a professional statement of—’’; the following: (2) by striking ‘‘will assess’’ in paragraph ‘‘(2) An ambulance continuously present on boxing match unless the promoter of that match has posted a surety bond, cashier’s (1) and inserting ‘‘has assessed, or will as- site.’’; sess,’’; and (4) by redesignating paragraphs (3) and (4) check, letter of credit, cash, or other security with the boxing commission in an (3) by striking ‘‘will receive’’ in paragraph as paragraphs (4) and (5), respectively, and (2) and inserting ‘‘has received, or will re- inserting after paragraph (2) the following: amount acceptable to the boxing commission.’’. ceive,’’. ‘‘(3) Emergency medical personnel with ap- SEC. 14. REQUIRED DISCLOSURES BY PRO- SEC. 11. COERCIVE CONTRACTS. propriate resuscitation equipment continu- MOTERS AND BROADCASTERS. Section 10 (15 U.S.C. 6307b) is amended— ously present oil site.’’; and Section 13 (15 U.S.C. 6307e) is amended— (1) by striking paragraph (3) of subsection (5) by striking ‘‘match.’’ in paragraph (5), (1) by striking ‘‘PROMOTERS.’’ in the sec- (a); as redesignated, and inserting ‘‘match in an tion caption and inserting ‘‘PROMOTERS (2) by inserting ‘‘OR ELIMINATION’’ after amount prescribed by the Commission.’’. AND BROADCASTERS.’’; ‘‘MANDATORY’’ in the heading of sub- SEC. 7. REGISTRATION. (2) by striking so much of subsection (a) as section (b); and Section 6 (15 U.S.C. 6305) is amended— precedes paragraph (1) and inserting the fol- (3) by inserting ‘‘or elimination’’ after (1) by inserting ‘‘or Indian tribe’’ after lowing: ‘‘mandatory’’ in subsection (b). ‘‘State’’ the second place it appears in sub- ‘‘(a) DISCLOSURES TO BOXING COMMISSIONS section (a)(2); SEC. 12. SANCTIONING ORGANIZATIONS. AND THE COMMISSION.—Within 7 days after a (2) by striking the first sentence of sub- (a) IN GENERAL.—Section 11 (15 U.S.C. professional boxing match of 10 rounds or section (c) and inserting ‘‘A boxing commis- 6307c) is amended to read as follows: more, the promoter of any boxer partici- sion shall, in accordance with requirements ‘‘SEC. 11. SANCTIONING ORGANIZATIONS. pating in that match shall provide to the established by the Commission, make a ‘‘(a) OBJECTIVE CRITERIA.—Within 1 year Commission, and, if requested, to the boxing health and safety disclosure to a boxer when after the date of enactment of the Profes- commission in the State or on Indian land issuing an identification card to that sional Boxing Amendments Act of 2004, the responsible for regulating the match—’’; boxer.’’; Commission shall develop guidelines for ob- (3) by striking ‘‘writing,’’ in subsection (3) by striking ‘‘should’’ in the second sen- jective and consistent written criteria, for (a)(1) and inserting ‘‘writing, other than a tence of subsection (c) and inserting ‘‘shall, the rating of professional boxers based on bout agreement previously provided to the at a minimum,’’; and the athletic merits and professional record commission,’’; (4) by adding at the end the following: of the boxers. Within 90 days after the Com- (4) by striking ‘‘all fees, charges, and ex- ‘‘(d) COPY OF REGISTRATION AND IDENTIFICA- mission’s promulgation of the guidelines, penses that will be’’ in subsection (a)(3)(A) TION CARDS TO BE SENT TO COMMISSION.—A each sanctioning organization shall adopt and inserting ‘‘a written statement of all boxing commission shall furnish a copy of the guidelines and follow them. fees, charges, and expenses that have been, each registration received under subsection ‘‘(b) NOTIFICATION OF CHANGE IN RATING.—A or will be,’’; (a), and each identification card issued under sanctioning organization shall, with respect (5) by inserting ‘‘a written statement of’’ subsection (b), to the Commission.’’. to a change in the rating of a boxer pre- before ‘‘all’’ in subsection (a)(3)(B); SEC. 8. REVIEW. viously rated by such organization in the top (6) by inserting ‘‘a statement of’’ before Section 7 (15 U.S.C. 6306) is amended— 10 boxers— ‘‘any’’ in subsection (a)(3)(C);

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(7) by striking the matter in subsection (b) ‘‘(d) ASSIGNMENT OF NONRESIDENT JUDGES SEC. 19. REPEAL OF DEADWOOD. following ‘‘BOXER.—’’ and preceding para- AND REFEREES.—A boxing commission may Section 20 (15 U.S.C. 6311) is repealed. graph (1) and inserting ‘‘Within 7 days after assign judges and referees who reside outside SEC. 20. RECOGNITION OF TRIBAL LAW. a professional boxing match of 10 rounds or that commission’s State or Indian land. Section 22 (15 U.S.C. (6313) is amended— more, the promoter of the match shall pro- ‘‘(e) REQUIRED DISCLOSURE.—A judge or ref- (1) by insert. ‘‘OR TRIBAL’’ in the section vide to each boxer participating in the bout eree shall provide to the boxing commission heading after ‘‘STATE’’; and or match with whom the promoter has a responsible for regulating a professional box- (2) by inserting ‘‘or Indian tribe’’ after bout or promotional agreement a statement ing match in a State or on Indian land a ‘‘State’’. of—’’; statement of all consideration, including re- SEC. 21. ESTABLISHMENT OF UNITED STATES (8) by striking ‘‘match;’’ in subsection imbursement for expenses, that the judge or BOXING COMMISSION. (b)(1) and inserting ‘‘match, and that the referee has received, or will receive, from (a) IN GENERAL.—The Act is amended by promoter has paid, or agreed to pay, to any any source for participation in the match. If adding at the end the following: other person in connection with the match;’’; the match is scheduled for 10 rounds or more, and the judge or referee shall also provide such a ‘‘TITLE II—UNITED STATES BOXING (9) by adding at the end the following: statement to the Commission.’’. COMMISSION ‘‘(d) REQUIRED DISCLOSURES BY BROAD- (b) CONFORMING AMENDMENT.—Section 14 ‘‘SEC. 201. PURPOSE. CASTERS.— (15 U.S.C. 6307f) is repealed. ‘‘The purpose of this title is to protect the ‘‘(1) IN GENERAL.—A broadcaster that owns SEC. 16. MEDICAL REGISTRY. health, safety, and welfare of boxers and to the television broadcast rights for a profes- The Act is amended by inserting after sec- ensure fairness in the sport of professional sional boxing match of 10 rounds or more tion 13 (15 U.S.C. 6307e) the following: boxing. shall, within 7 days after that match, pro- ‘‘SEC. 14. MEDICAL REGISTRY. ‘‘SEC. 202. UNITED STATES BOXING COMMISSION. vide to the Commission— ‘‘(a) IN GENERAL.—The United States Box- ‘‘(A) a statement of any advance, guar- ‘‘(a) IN GENERAL.—The Commission shall ing Commission is established as a commis- antee, or license fee paid or owed by the establish and maintain, or certify a third sion within the Department of Commerce. broadcaster to a promoter in connection party entity to establish and maintain, a ‘‘(b) MEMBERS.— with that match; medical registry that contains comprehen- ‘‘(1) IN GENERAL.—The Commission shall ‘‘(B) a copy of any contract executed by or sive medical records and medical denials or consist of 3 members appointed by the Presi- on behalf of the broadcaster with— suspensions for every licensed boxer. ‘‘(i) a boxer who participated in that ‘‘(b) CONTENT; SUBMISSION.—The Commis- dent, by and with the advice and consent of match; or sion shall determine— the Senate. ‘‘(ii) the boxer’s manager, promoter, pro- ‘‘(1) the nature of medical records and med- ‘‘(2) QUALIFICATIONS.— motional company, or other representative ical suspensions of a boxer that are to be ‘‘(A) IN GENERAL.—Each member of the or the owner or representative of the site of forwvarded to the medical registry; and Commission shall be a citizen of the United the match; and ‘‘(2) the time within which the medical States who— ‘‘(C) a list identifying sources of income re- records and medical suspensions are to be ‘‘(i) has extensive experience in profes- ceived from the broadcast of the match. submitted to the medical registry. sional boxing activities or in a field directly ‘‘(2) COPY TO BOXING COMMISSION.—Upon re- ‘‘(c) CONFIDENTIALITY.—The Commission related to professional sports; quest from the boxing commission in the shall establish confidentiality standards for ‘‘(ii) is of outstanding character and recog- State or Indian land responsible for regu- the disclosure of personally identifiable in- nized integrity; and lating a match to which paragraph (1) ap- formation to boxing commissions that will— ‘‘(iii) is selected on the basis of training, plies, a broadcaster shall provide the infor- ‘‘(1) protect the health and safety of boxers experience, and qualifications and without mation described in paragraph (1) to that by making relevant information available to regard to political party affiliation. boxing commission. the boxing commissions for use but not pub- ‘‘(B) SPECIFIC QUALIFICATIONS FOR CERTAIN ‘‘(3) CONFIDENTIALITY.—The information lic disclosure; and MEMBERS.—At least 1 member of the Com- provided to the Commission or to a boxing ‘‘(2) ensure that the privacy of the boxers mission shall be a former member of a local commission pursuant to this subsection shall is protected.’’. boxing authority. If practicable, at least 1 be confidential and not revealed by the Com- SEC. 17. CONFLICTS OF INTEREST. member of the Commission shall be a physi- mission or a boxing commission, except that Section 17 (15 U.S.C. 6308) is amended— cian or other health care professional duly the Commission may publish an analysis of (1) by striking ‘‘enforces State boxing licensed as such. the data in aggregate form or in a manner laws,’’ in subsection (a) and inserting ‘‘im- ‘‘(C) DISINTERESTED PERSONS.—No member which does not disclose confidential informa- plements State or tribal boxing laws, no offi- of the Commission may, while serving as a tion about identifiable broadcasters. cer or employee of the Commission,’’; member of the Commission— ‘‘(4) TELEVISION BROADCAST RIGHTS.—In (2) by striking ‘‘belong to,’’ and inserting ‘‘(i) be engaged as a professional boxer, paragraph (1), the term ‘television broadcast ‘‘hold office in,’’ in subsection (a); boxing promoter, agent, fight manager, rights’ means the right to broadcast the (3) by striking the last sentence of sub- matchmaker, referee, judge, or in any other match, or any part thereof, via a broadcast section (a); capacity in the conduct of the business of station, cable service, or multichannel video (4) by striking subsection (b) and inserting professional boxing; programming distributor as such terms are the following: ‘‘(ii) have any pecuniary interest in the defined in section 3(5), 602(6), and 602(13) of ‘‘(b) BOXERS.—A boxer may not own or con- earnings of any boxer or the proceeds or out- the Communications Act of 1934 (47 U.S.C. trol, directly or indirectly, an entity that come of any boxing match; or 153(5), 602(6), and 602(13), respectively).’’. promotes the boxer’s bouts if that entity is ‘‘(iii) serve as a member of a boxing com- SEC. 15. JUDGES AND REFEREES. responsible for— mission. (a) IN GENERAL.—Section 16 (15 U.S.C. ‘‘(1) executing a bout agreement or pro- ‘‘(3) BIPARTISAN MEMBERSHIP.—Not more 6307h) is amended— motional agreement with the boxer’s oppo- than 2 members of the Commission may be (1) by inserting ‘‘(a) LICENSING AND ASSIGN- nent; or members of the same political party. MENT REQUIREMENT.—’’ before ‘‘No person’’; ‘‘(2) providing any payment or other com- ‘‘(4) GEOGRAPHIC BALANCE.—Not more than (2) by striking ‘‘certified and approved’’ pensation to— 2 members of the Commission may be resi- and inserting ‘‘selected’’; ‘‘(A) the boxer’s opponent for participation dents of the same geographic region of the (3) by inserting ‘‘or Indian lands’’ after in a bout with the boxer; United States when appointed to the Com- ‘‘ State’’; and ‘‘(B) the boxing commission that will regu- mission. For purposes of the preceding sen- (4) by adding at the end the following: late the bout; or tence, the area of the United States east of ‘‘(b) CHAMPIONSHIP AND 10-ROUND BOUTS.— ‘‘(C) ring officials who officiate at the the Mississippi River is a geographic region, In addition to the requirements of subsection bout.’’. and the area of the United States west of the (a), no person may arrange, promote, orga- SEC. 18. ENFORCEMENT. Mississippi River is a geographic region. nize, produce, or fight in a professional box- Section 18 (15 U.S.C. 6309) is amended— ‘‘(5) TERMS.— ing match advertised to the public as a (1) by striking ‘‘(a) INJUNCTIONS.—’’ in sub- ‘‘(A) IN GENERAL.—The term of a member championship match or in a professional section (a) and inserting ‘‘(a) ACTIONS BY AT- of the Commission shall be 3 years. boxing match scheduled for 10 rounds or TORNEY GENERAL.—’’; ‘‘(B) REAPPOINTMENT.—Members of the more unless all referees and judges partici- (2) by inserting ‘‘any officer or employee of Commission may be reappointed to the Com- pating in the match have been licensed by the Commission,’’ after ‘‘laws,’’ in submission. the Commission. section (b)(3); ‘‘(C) MIDTERM VACANCIES.—A member of ‘‘(c) ROLE OF SANCTIONING ORGANIZATION.— (3) by inserting ‘‘has engaged in or’’ after the Commission appointed to fill a vacancy A sanctioning organization may provide a ‘‘organization’’ in subsection (c); in the Commission occurring before the expi- list of judges and referees deemed qualified (4) by striking ‘‘subsection (b)’’ in sub- ration of the term for which the member’s by that organization to a boxing commis- section (c)(3) and inserting ‘‘subsection (b), a predecessor was appointed shall be appointed sion, but the boxing commission shall select, civil penalty, or’’; and for the remainder of that unexpired term. license, and appoint the judges and referees (5) by striking ‘‘boxer’’ in subsection (d) ‘‘(D) CONTINUATION PENDING REPLACE- participating in the match. and inserting ‘‘person’’. MENT.—A member of the Commission may

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Act), the chief law enforcement officer of the varying fees on the basis of classifications of ‘‘(6) REMOVAL.—A member of the Commis- several States, and other appropriate officers persons, functions, and events determined sion may be removed by the President only and agencies of Federal, State, and local appropriate by the Commission. for cause. government, that Federal and State laws ap- ‘‘(2) LIMITATIONS.—In setting and charging ‘‘(c) EXECUTIVE DIRECTOR.— plicable to professional boxing matches in fees under paragraph (1), the Commission ‘‘(1) IN GENERAL.—The Commission shall the United States are vigorously, effectively, shall ensure that, to the maximum extent employ an Executive Director to perform the and fairly enforced; practicable— administrative functions of the Commission ‘‘(6) review boxing commission regulations ‘‘(A) club boxing is not adversely effected; under this Act, and such other functions and for professional boxing and provide assist- ‘‘(B) sanctioning organizations and pro- duties of the Commission as the Commission ance to such authorities in meeting min- moters pay comparatively the largest por- shall specify. imum standards prescribed by the Commis- tion of the fees; and ‘‘(2) DISCHARGE OF FUNCTIONS.—Subject to sion under this title; ‘‘(C) boxers pay as small a portion of the the authority, direction, and control of the ‘‘(7) serve as the coordinating body for all fees as is possible. Commission the Executive Director shall efforts in the United States to establish and ‘‘(3) COLLECTION.—Fees established under carry out the functions and duties of the maintain uniform minimum health and safe- this subsection may be collected through Commission under this Act. ty standards for professional boxing; boxing commissions or by any other means ‘‘(d) GENERAL COUNSEL.—The Commission ‘‘(8) if the Commission determines it to be determined appropriate by the Commission. shall employ a General Counsel to provide appropriate, publish a newspaper, magazine, ‘‘SEC. 205. NATIONAL REGISTRY OF BOXING PER- legal counsel and advice to the Executive Di- or other publication and establish and main- SONNEL. rector and the Commission in the perform- tain a website consistent with the purposes ‘‘(a) REQUIREMENT FOR REGISTRY.—The ance of its functions under this Act, and to of the Commission; Commission shall establish and maintain (or carry out such other functions and duties as ‘‘(9) procure the temporary and intermit- authorize a third party to establish and the Commission shall specify. tent services of experts and consultants to maintain) a unified national computerized ‘‘(e) STAFF.—The Commission shall employ the extent authorized by section 3109(b) of registry for the collection, storage, and re- such additional staff as the Commission con- title 5, United States Code, at rates the Com- trieval of information related to the per- siders appropriate to assist the Executive Di- mission determines to be reasonable; and formance of its duties. rector and the General Counsel in carrying ‘‘(10) promulgate rules, regulations, and ‘‘(b) CONTENTS.—The information in the out the functions and duties of the Commis- guidance, and take any other action nec- registry shall include the following: sion under this Act. essary and proper to accomplish the purposes ‘‘(1) BOXERS.—A list of professional boxers ‘‘(f) COMPENSATION.— of, and consistent with, the provisions of this and data, in the medical registry established ‘‘(1) MEMBERS OF COMMISSION.— title. under section 114 of this Act, which the Com- ‘‘(A) IN GENERAL.—Each member of the ‘‘(c) PROHIBITIONS.—The Commission may mission shall secure from disclosure, in ac- Commission shall be compensated at a rate not— cordance with the confidentiality require- equal to the daily equivalent of the annual ‘‘(1) promote boxing events or rank profes- ments of section 114(c). rate of basic pay prescribed for level IV of sional boxers; or ‘‘(2) OTHER PERSONNEL.—Information (per- the Executive Schedule under section 5315 of ‘‘(2) provide technical assistance to, or au- tinent to the sport of professional boxing) on title 5, United States Code, for each day (in- thorize the use of the name of the Commis- boxing promoters, boxing matchmakers, box- cluding travel time) during which such mem- sion by, boxing commissions that do not ing managers, trainers, cut men, referees, ber is engaged in the performance of the du- comply with requirements of the Commis- boxing judges, physicians, and any other per- ties of the Commission. sion. sonnel determined by the Commission as per- ‘‘(B) TRAVEL EXPENSES.—The members of ‘‘(d) USE OF NAME.—The Commission shall forming a professional activity for profes- the Commission shall be allowed travel ex- have the exclusive right to use the name sional boxing matches. penses, including per diem in lieu of subsist- ‘United States Boxing Commission’. Any per- ‘‘SEC. 206. CONSULTATION REQUIREMENTS. ence, at rates authorized for employees of son who, without the permission of the Com- ‘‘The Commission shall consult with the agencies under subchapter I of chapter 57 of mission, uses that name or any other exclu- Association of Boxing Commissions— title 5, United States Code, while away from sive name, trademark, emblem, symbol, or ‘‘(1) before proscribing any regulation or their homes or regular places of business in insignia of the Commission for the purpose establishing any standard under the provi- the performance of services for the Commis- of inducing the sale or exchange of any goods sions of this title; and sion. or services, or to promote any exhibition, ‘‘(2) not less than once each year regarding ‘‘(2) EXECUTIVE DIRECTOR AND STAFF.—The performance, or sporting event, shall be sub- matters relating to professional boxing. Commission shall fix the compensation of ject to suit in a civil action by the Commis- ‘‘SEC. 207. MISCONDUCT. the Executive Director, the General Counsel, sion for the remedies provided in the Act of ‘‘(a) SUSPENSION AND REVOCATION OF LI- and other personnel of the Commission. The July 5, 1946 (commonly known as the ‘Trade- CENSE OR REGISTRATION.— rate of pay for the Executive Director, the mark Act, of 1946’; 15 U.S.C. 1051 et seq.). ‘‘(1) AUTHORITY.—The Commission may, General Counsel, and other personnel may ‘‘SEC. 204. LICENSING AND REGISTRATION OF after notice and opportunity for a hearing, not exceed the rate payable for level V of the BOXING PERSONNEL. suspend or revoke any license issued under Executive Schedule under section 5316 of ‘‘(a) LICENSING.— this title if the Commission finds that— title 5, United States Code. ‘‘(1) REQUIREMENT FOR LICENSE.—No person ‘‘(A) the license holder has violated any ‘‘SEC. 203. FUNCTIONS. may compete in a professional boxing match provision of this Act; ‘‘(a) PRIMARY FUNCTIONS.—The primary or serve as a boxing manager, boxing pro- ‘‘(B) there are reasonable grounds for belief functions of the Commission are— moter, or sanctioning organization for a pro- that a standard prescribed by the Commis- ‘‘(1) to protect the health, safety, and gen- fessional boxing match except as provided in sion under this title is not being met, or that eral interests of boxers consistent with the a license granted to that person under this bribery, collusion, intentional losing, rack- provisions of this Act; and subsection. eteering, extortion, or the use of unlawful ‘‘(2) to ensure uniformity, fairness, and in- ‘‘(2) APPLICATION AND TERM.— threats, coercion, or intimidation have oc- tegrity in professional boxing. (A) IN GENERAL.—The Commission shall— curred in connection with a license; or ‘‘(b) SPECIFIC FUNCTIONS.—The Commission ‘‘(i) establish application procedures, ‘‘(C) the suspension or revocation is nec- shall— forms, and fees; essary for the protection of health and safety ‘‘(1) administer title I of this Act; ‘‘(ii) establish and publish appropriate or is otherwise in the public interest. ‘‘(2) promulgate uniform standards for pro- standards for licenses granted under this sec- ‘‘(2) PERIOD OF SUSPENSION.— fessional boxing in consultation with the As- tion; and ‘‘(A) IN GENERAL.—A suspension of a li- sociation of Boxing Commissions; ‘‘(iii) issue a license to any person who, as cense under this section shall be effective for ‘‘ (3) except as otherwise determined by the determined by the Commission, meets the a period determined appropriate by the Com- Commission, oversee all professional boxing standards established by the Commission mission except as provided in subparagraph matches in the United States; under this title. (B). ‘‘(4) work with the boxing commissions of ‘‘(B) DURATION.—A license issued under ‘‘(B) SUSPENSION FOR MEDICAL REASONS.—In the several States and tribal organizations— this section shall be for a renewable— the case of a suspension or denial of the li- ‘‘(A) to improve the safety, integrity, and ‘‘(i) 4-year term for a boxer; and cense of a boxer for medical reasons by the professionalism of professional boxing in the ‘‘(ii) 2-year term for any other person. Commission, the Commission may terminate United States; ‘‘(C) PROCEDURE.—The Commission may the suspension or denial at any time that a ‘‘(B) to enhance physical, medical, finan- issue a license under this paragraph through physician certifies that the boxer is fit to cial, and other safeguards established for the boxing commissions or in a manner deter- participate in a professional boxing match. protection of professional boxers; and mined by the Commission. The Commission shall prescribe the stand- ‘‘(C) to improve the status and standards of ‘‘(b) LICENSING FEES.— ards and procedures for accepting certifi- professional boxing in the United States; ‘‘(1) AUTHORITY.—The, Commission may cations under this subparagraph. ‘‘(5) ensure, in cooperation with the Attor- prescribe and charge reasonable fees for the ‘‘(3) PERIOD OF REVOCATION.—In the case of ney General (who shall represent the Com- licensing of persons under this title. The a revocation of the license of a boxer, the

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3498 CONGRESSIONAL RECORD — SENATE March 31, 2004 revocation shall be for a period of not less incrimination, to testify or produce evi- ‘‘(2) an overview of the licensing and en- than 1 year. dence, documentary or otherwise, except forcement activities of the State and tribal ‘‘(b) INVESTIGATIONS AND INJUNCTIONS.— that the individual so testifying shall not be organization boxing commissions. ‘‘(1) AUTHORITY.—The Commission may— exempt from prosecution and punishment for ‘‘(b) PUBLIC REPORT.—The Commission ‘‘(A) conduct any investigation that it con- perjury committed in so testifying. shall annually issue and publicize a report of siders necessary to determine whether any ‘‘(5) INJUNCTIVE RELIEF.—If the Commission the Commission on the progress made at person has violated, or is about to violate, determines that any person is engaged or Federal and State levels and on Indian lands any provision of this Act or any regulation about to engage in any act or practice that in the reform of professional boxing, which prescribed under this Act; constitutes a violation of any provision of shall include comments on issues of con- ‘‘(B) require or permit any person to file this Act, or of any regulation prescribed tinuing concern to the Commission. with it a statement in writing, under oath or under this Act, the Commission may bring ‘‘(c) FIRST ANNUAL REPORT ON THE COMMIS- otherwise as the Commission shall deter- an action in the appropriate district court of SION.—The first annual report under this mine, as to all the facts and circumstances the United States, the United States District title shall be submitted not later than 2 concerning the matter to be investigated; Court for the District of Columbia, or the years after the effective date of this title. ‘‘(C) in its discretion, publish information United States courts of any territory or ‘‘SEC. 211. INITIAL IMPLEMENTATION. concerning any violations; and other place subject to the jurisdiction of the ‘‘(a) TEMPORARY EXEMPTION.—The require- ‘‘(D) investigate any facts, conditions, United States, to enjoin the act or practice, ments for licensing under this title do not practices, or matters to aid in the enforce- and upon a proper showing, the court shall apply to a person for the performance of an ment of the provisions of this Act, in the grant without bond a permanent or tem- activity as a boxer, boxing judge, or referee, prescribing of regulations under this Act, or porary injunction or restraining order. or the performance of any other professional in securing information to serve as a basis ‘‘(6) MANDAMUS.—Upon application of the activity in relation to a professional boxing for recommending legislation concerning the Commission, the district courts of the match, if the person is licensed by a boxing matters to which this Act relates. United States, the United States District commission to perform that activity as of ‘‘(2) POWERS.— Court for the District of Columbia, and the the effective date of this title. ‘‘(A) IN GENERAL.—For the purpose of any United States courts of any territory or XPIRATION.—The exemption under investigation under paragraph (1) or any ‘‘(b) E other place subject to the jurisdiction of the subsection (a) with respect to a license other proceeding under this title— United States, shall have jurisdiction to ‘‘(1) any officer designated by the Commis- issued by a boxing commission expires on the issue writs of mandamus commanding any earlier of— sion may administer oaths and affirmations, person to comply with the provisions of this subpena or otherwise compel the attendance ‘‘(A) the date on which the license expires; Act or any order of the Commission. or of witnesses, take evidence, and require the ‘‘(c) INTERVENTION IN CIVIL ACTIONS.— ‘‘(B) the date that is 2 years after the date production of any books, papers, correspond- ‘‘(1) IN GENERAL.—The Commission, on be- ence, memoranda, or other records the Com- half of the public interest, may intervene of of the enactment of the Professional Boxing mission considers relevant or material to the right as provided under rule 24(a) of the Fed- Amendments Act of 2004. inquiry; and eral Rules of Civil Procedure in any civil ac- ‘‘SEC. 212. AUTHORIZATION OF APPROPRIATIONS. ‘‘(ii) the provisions of sections 6002 and 6004 tion relating to professional boxing filed in a ‘‘(a) IN GENERAL.—There are authorized to of title 18, United States Code, shall apply. district court of the United States. be appropriated for the Commission for each ‘‘(B) WITNESSES AND EVIDENCE.—The at- ‘‘(2) AMICUS FILING.—The Commission may fiscal year such sums as may be necessary tendance of witnesses and the production of file a brief in any action filed in a court of for the Commission to perform its functions any documents under subparagraph (A) may the United States on behalf of the public infor that fiscal year. be required from any place in the United terest in any case relating to professional ‘‘(b) RECEIPTS CREDITED AS OFFSETTING States, including Indian land, at any des- boxing. COLLECTIONS.—Notwithstanding section 3302 ignated place of hearing. ‘‘(d) HEARINGS BY COMMISSION.—Hearings of title 31, United States Code, any fee col- ‘‘(3) ENFORCEMENT OF SUBPOENAS.— conducted by the Commission under this Act lected under this title— ‘‘(A) CIVIL ACTION.—In case of contumacy shall be public and may be held before any ‘‘(1) shall be credited as offsetting collec- by, or refusal to obey a subpoena. issued to, officer of the Commission. The Commission tions to the account that finances the activi- any person, the Commission may file an ac- shall keep appropriate records of the hear- ties and services for which the fee is im- tion in any district court of the United ings. posed; States within the jurisdiction of which an in- ‘‘SEC. 208. NONINTERFERENCE WITH BOXING ‘‘(2) shall be available for expenditure only vestigation or proceeding is carried out, or COMMISSIONS. to pay the costs of activities and services for where that person resides or carries on busi- ‘‘(a) NONINTERFERENCE.—Nothing in this which the fee is imposed; and ness, to enforce the attendance and testi- Act prohibits any boxing commission from ‘‘(3) shall remain available until ex- mony of witnesses and the production of exercising any of its powers, duties, or func- pended.’’. books, papers, correspondence, memoran- tions with respect to the regulation or super- (b) CONFORMING AMENDMENTS.— dums, and other records. The court may vision of professional boxing or professional (1) PBSA.—The Professional Boxing Safety issue an order requiring the person to appear boxing matches to the extent not incon- Act of 1996, as amended by this Act; is fur- before the Commission to produce records, if sistent with the provisions of this Act. ther amended— so ordered, or to give testimony concerning ‘‘(b) MINIMUM STANDARDS.—Nothing in this (A) by amending section 1 to read as fol- the matter under investigation or in ques- Act prohibits any boxing commission from lows: tion. enforcing local standards or requirements ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(B) FAILURE TO OBEY.—Any failure to obey that exceed the minimum standards or re- ‘‘(a) SHORT TITLE.—This Act may be cited an order issued by a court under subpara- quirements promulgated by the Commission as the ‘Professional Boxing Safety Act’. graph (A) may be punished as contempt of under this Act. ‘‘(b) TABLE OF CONTENTS.—The table of that court. ‘‘SEC. 209. ASSISTANCE FROM OTHER AGENCIES. contents for this Act is as follows: ‘‘Any employee of any executive depart- ‘‘(C) PROCESS.—All process in any con- ‘‘Section 1. Short title; table of contents. ment, agency, bureau, board, commission, of- tempt case under subparagraph (A) may be ‘‘Sec. 2. Definitions. served in the judicial district in which the fice, independent establishment, or instru- person is an inhabitant or in which the per- mentality may be detailed to the Commis- ‘‘Title I—Professional Boxing Safety son may be found. sion, upon the request of the Commission, on ‘‘Sec. 101. Purposes. ‘‘(4) EVIDENCE OF CRIMINAL MISCONDUCT.— a reimbursable or nonreimbursable basis, ‘‘Sec. 102. Approval or sanction requirement. ‘‘(A) IN GENERAL.—No person may be ex- with the consent of the appropriate author- ‘‘Sec. 103. Safety standards. cused from attending and testifying or from ity having jurisdiction over the employee. ‘‘Sec. 104. Registration. producing books, papers, contracts, agree- While so detailed, an employee shall con- ‘‘Sec. 105. Review. ments, and other records and documents be- tinue to receive the compensation provided ‘‘Sec. 106. Reporting. fore the Commission, in obedience to the pursuant to law for the employee’s regular ‘‘Sec. 107. Contract requirements. subpoena of the Commission, or in any cause position of employment and shall retain, ‘‘Sec. 108. Protection from coercive con- or proceeding instituted by the Commission, without interruption, the rights and privi- tracts. on the ground that the testimony or evi- leges of that employment. ‘‘Sec. 109. Sanctioning organizations. dence, documentary or otherwise, required of ‘‘SEC. 210. REPORTS. ‘‘Sec. 110. Required disclosures to State box- that person may tend to incriminate the per- ‘‘(a) ANNUAL REPORT.—The Commission ing commissions by sanctioning son or subject the person to a penalty or for- shall submit a report on its activities to the organizations. feiture. Senate Committee on Commerce, Science, ‘‘Sec. 111. Required disclosures by promoters ‘‘(B) LIMITED IMMUNITY.—No individual and Transportation and the House of Rep- and broadcasters. may be prosecuted or subject to any penalty resentatives Committee on Commerce each ‘‘Sec. 112. Medical registry. or forfeiture for, or on account of, any trans- year. The annual report shall include— ‘‘Sec. 113. Confidentiality. action, matter, or thing concerning the mat- ‘‘(1) a detailed discussion of the activities ‘‘Sec. 114. Judges and referees. ter about which that individual is compelled, of the Commission for the year covered by ‘‘Sec. 115. Conflicts of interest. after having claimed a privilege against self- the report; and ‘‘Sec. 116. Enforcement.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 4624 Sfmt 0655 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3499 ‘‘Sec. 117. Professional boxing matches con- (1) set forth a proposed definition of the The PRESIDING OFFICER. Without ducted on Indian lands. term ‘‘promoter’’ for purposes of the Profes- objection, it is so ordered. ‘‘Sec. 118. Relationship with State or Tribal sional Boxing Safety Act; and COMMITTEE ON FOREIGN RELATIONS law. (2) describe the findings, conclusions, and ‘‘Title II—United States Boxing Commission rationale of the Commission for the proposed Mr. GRASSLEY. Mr. President, I ask unanimous consent that the Com- ‘‘Sec. 201. Purpose. definition, together with any recommenda- ‘‘Sec. 202. Establishment of United States tions of the Commission, based on the study. mittee on Foreign Relations be author- Boxing Commission. SEC. 23. EFFECTIVE DATE. ized to meet during the session of the ‘‘Sec. 203. Functions. (a) IN GENERAL.—Except as provided in Senate on Wednesday, March 31, 2004, ‘‘Sec. 204. Licensing and registration of box- subsection (b), the amendments made by this at 2:30 p.m., to hold a hearing on the ef- ing personnel. Act shall take effect on the date of enact- fects of the Madrid terrorist attacks on ‘‘Sec. 205. National registry of boxing per- ment of this Act. U.S.-European cooperation in the war sonnel. (b) 1-YEAR DELAY FOR CERTAIN TITLE II on terrorism. ‘‘Sec. 206. Consultation requirements. PROVISIONS.—Sections 205 through 212 of the ‘‘Sec. 207. Misconduct. Professional Boxing Safety Act of 1996, as The PRESIDING OFFICER. Without ‘‘Sec. 208. Noninterference with boxing com- added by section 21(a) of this Act, shall take objection, it is so ordered. missions. effect 1 year after the date of enactment of SELECT COMMITTEE ON INTELLIGENCE ‘‘Sec. 209. Assistance from other agencies. this Act. Mr. GRASSLEY. Mr. President, I ask ‘‘Sec. 210. Reports. f unanimous consent that the Select ‘‘Sec. 211. Initial implementation. ‘‘Sec. 212. Authorization of appropriations.’’; AUTHORITY FOR COMMITTEES TO Committee on Intelligence be authorized to meet during the session of the (B) by inserting before section 3 the fol- MEET lowing: Senate on March 31, 2004, at 2:30 p.m., ‘‘TITLE I—PROFESSIONAL BOXING COMMITTEE ON BANKING, HOUSING, AND URBAN ; to hold a closed business meeting. SAFETY’’ AFFAIRS (C) by redesignating sections 3, 4, 5, 6, 7, 8, The PRESIDING OFFICER. Without 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 21, and 22 as Mr. GRASSLEY. Mr. President, I ask objection, it is so ordered. unanimous consent that the Com- sections 101 through 118, respectively; SUBCOMMITTEE ON PERSONNEL (D) by striking subsection (a) of section mittee on Banking, Housing, and Mr. GRASSLEY. Mr. President, I ask 113, as redesignated, and inserting the fol- Urban Affairs be authorized to meet lowing: during the session of the Senate on unanimous consent that the Personnel ‘‘(a) IN GENERAL.—Except to the extent re- Wednesday, March 31, 2004, at 10 a.m., Subcommittee of the Committee on quired in a legal, administrative, or judicial to conduct a hearing on ‘‘Review of Armed Services be authorized to meet proceeding, a boxing commission, an Attor- Current Investigations and Regulatory during the session of the Senate on ney General, or the Commission may not dis- March 31, 2004, at 9:30 a.m., in open ses- close to the public any matter furnished by Actions Regarding the Mutual Fund In- dustry.’’ sion to receive testimony on Active a promoter under section 111.’’; and Reserve military and civilian per- (E) by striking ‘‘section 13’’ in subsection The PRESIDING OFFICER. Without sonnel programs, in review of the De- (b) of section 113, as redesignated, and insert- objection, it is so ordered. fense authorization request for fiscal ing ‘‘section 111’’; COMMITTEE ON BANKING, HOUSING, AND URBAN (F) by striking ‘‘9(b), 10, 11, 12, 13, 14, or year 2005. AFFAIRS 16,’’ in paragraph (1) of section 116(b), as re- The PRESIDING OFFICER. Without Mr. GRASSLEY. Mr. President, I ask designated, and inserting ‘‘107, 108, 109, 110, objection, it is so ordered. 111, or 114,’’; unanimous consent that the Com- SUBCOMMITTEE ON TRANSPORTATION AND (G) by striking ‘‘9(b), 10, 11, 12, 13, 14, or 16’’ mittee on Banking, Housing, and INFRASTRUCTURE in paragraph (2) of section 116(b), as redesig- Urban Affairs be authorized to meet nated, and inserting ‘‘107, 108, 109, 110, 111, or during the session of the Senate on Mr. GRASSLEY. Mr. President, I ask 114’’; Wednesday, March 31, 2004, at 2:30 p.m., unanimous consent that the Sub- (H) by striking ‘‘section 17(a)’’ in sub- to conduct a hearing on ‘‘Review of committee on Transportation and In- section (b)(3) of section 116, as redesignated, Current Investigations and Regulatory frastructure be authorized to meet on and inserting ‘‘section 115(a)’’; Actions Regarding the Mutual Fund In- Wednesday, March 31, at 1:30 p.m., to (I) by striking ‘‘section 10’’ in subsection conduct a hearing to consider the role (e)(3) of section 116, as redesignated, and industry.’’ The PRESIDING OFFICER. Without of the U.S. Army Corps of Engineers in serting ‘‘section 108’’; and meeting the Nation’s water resource (J) by striking ‘‘of this Act’’ each place it objection, it is so ordered. appears in sections 101 through 120, as redes- needs in the 21st century. COMMITTEE ON ENVIRONMENT AND PUBLIC The meeting will be held in SD 406. ignated, and inserting ‘‘of this title’’. WORKS (2) COMPENSATION OF MEMBERS.—Section The PRESIDING OFFICER. Without Mr. GRASSLEY. Mr. President, I ask 5315 of title 5, United States Code, is amend- objection, it is so ordered. unanimous consent that the full comed by adding at the end the following: f ‘‘Members of the United States Boxing mittee on Environment and Public Commission.’’. Works be authorized to meet on PRIVILEGES OF THE FLOOR SEC. 22. STUDY AND REPORT ON DEFINITION OF Wednesday, March 31, at 9:30 a.m., to Mr. REID. Mr. President, I ask unan- PROMOTER. conduct a nominations hearing to con- imous consent that Shawn Gallagher, a (a) STUDY.—The United States Boxing sider the nominations of: Stephen L. Commission shall conduct a study on how fellow in the office of the Democratic Johnson, to be Deputy Administrator, leader, be granted the privileges of the the term ‘‘promoter’’ should be defined for EPA; Ann R. Klee, to be General Coun- purposes of the Professional Boxing Safety floor during consideration of H.R. 4. Act. sel, EPA; Charles Johnson, to be Chief The PRESIDING OFFICER. Without (b) HEARINGS.—As part of that study, the Financial Officer, EPA; Benjamin objection, it is so ordered. Commission shall hold hearings and solicit Grumbles, to be Assistant Adminis- Mr. INHOFE. Mr. President, I ask testimony at those hearings from boxers, trator for the Office of Water, EPA; unanimous consent that John Collison managers, promoters, premium, cable, and and Gary Lee Visscher, to be a Member be given floor privileges for the re- satellite program service providers, hotels, of the Chemical Safety and Hazard In- casinos, resorts, and other commercial estab- mainder of this day. vestigation Board. The PRESIDING OFFICER. Without lishments that host or sponsor professional The meeting will be held in SD 406. boxing matches, and other interested parties objection, it is so ordered. The PRESIDING OFFICER. Without with respect to the definition of that term as f it is used in the Professional Boxing Safety objection, it is so ordered. Act. COMMITTEE ON FOREIGN RELATIONS PROFESSIONAL BOXING (c) REPORT.—Not, later than 12 months Mr. GRASSLEY. Mr. President, I ask AMENDMENTS ACT OF 2003 after the date of the enactment of this Act, unanimous consent that the Com- Mr. FRIST. Mr. President, I ask the Commission shall submit to the Com- mittee on Foreign Relations be author- unanimous consent that the Senate mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on ized to meet during the session of the proceed to the immediate consider- Energy and Commerce of the House of Rep- Senate on Wednesday, March 31, 2004, ation of calendar No. 98, S. 275. resentatives a report on the study conducted at 9:30 a.m., to hold a nomination hear- The PRESIDING OFFICER. The under subsection (a). The report shall— ing. clerk will report the bill by title.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3500 CONGRESSIONAL RECORD — SENATE March 31, 2004 The assistant legislative clerk read Association of Boxing Commissions for the session of the United States, including the as follows: purposes of maintaining records and identi- Virgin Islands. fication of boxers. ø‘‘(18) EFFECTIVE DATE OF THE CONTRACT.— A bill (S. 275) to amend the Professional ø‘‘(6) BOXING SERVICE PROVIDER.—The term The term ‘effective date of the contract’ Boxing Safety Act of 1996, and to establish a ‘boxing service provider’ means a promoter, means the day upon which a boxer becomes United States Boxing Administration. manager, sanctioning body, licensee, or legally bound by the contract. There being no objection, the Senate matchmaker. ø‘‘(19) SANCTIONING ORGANIZATION.—The proceeded to consider the bill, which ø‘‘(7) CONTRACT PROVISION.—The term ‘con- term ‘sanctioning organization’ means an or- had been reported from the Committee tract provision’ means any legal obligation ganization, other than a boxing commission, on Commerce, Science, and Transpor- between a boxer and a boxing service pro- that sanctions professional boxing matches, tation, with an amendment to strike vider. ranks professional boxers, or charges a sanc- ø‘‘(8) INDIAN LANDS; INDIAN TRIBE.—The tioning fee for professional boxing matches all after the enacting clause and insert terms ‘Indian lands’ and ‘Indian tribe’ have in lieu thereof the following: in the United States— the meanings given those terms by para- ø‘‘(A) between boxers who are residents of [Strike the part shown in black graphs (4) and (5), respectively, of section 4 different States; or brackets and insert the part shown in of the Indian Gaming Regulatory Act (25 ø‘‘(B) that are advertised, otherwise pro- italic.] U.S.C. 2703). moted, or broadcast (including closed circuit S. 275 ø‘‘(9) LICENSEE.—The term ‘licensee’ means television) in interstate commerce. an individual who serves as a trainer, second, Be it enacted by the Senate and House of Rep- ø‘‘(20) SUSPENSION.—The term ‘suspension’ or cut man for a boxer. resentatives of the United States of America in includes within its meaning the revocation ø‘‘(10) LOCAL BOXING AUTHORITY.—The term Congress assembled, of a boxing license. ‘local boxing authority’ means— ø‘‘(21) TRIBAL ORGANIZATION.—The term øSECTION 1. SHORT TITLE; TABLE OF CONTENTS. ø‘‘(A) any agency of a State, or of a polit- ‘tribal organization’ has the same meaning ø(a) SHORT TITLE.—This Act may be cited ical subdivision of a State, that has author- as in section 4(l) of the Indian Self-Deter- as the ‘‘Professional Boxing Amendments ity under the laws of the State to regulate mination and Education Assistance Act (25 Act of 2003’’. professional boxing; and U.S.C. 450b(l)).’’. ø(b) TABLE OF CONTENTS.—The table of con- ø‘‘(B) any agency of an Indian tribe that is ø tents for this Act is as follows: (b) CONFORMING AMENDMENT.—Section 21 authorized by the Indian tribe or the gov- (15 U.S.C. 6312) is amended to read as follows: øSec. 1. Short title; table of contents. erning body of the Indian tribe to regulate øSec. 2. Amendment of Professional Boxing professional boxing on Indian lands. ø‘‘SEC. 21. PROFESSIONAL BOXING MATCHES CONDUCTED ON INDIAN LANDS. Safety Act of 1996. ø‘‘(11) MANAGER.—The term ‘manager’ øSec. 3. Definitions. means a person who, under contract, agree- ø(a) IN GENERAL.—Notwithstanding any øSec. 4. Purposes. ment, or other arrangement with a boxer, other provision of law, a tribal organization øSec. 5. USBA approval, or ABC or commis- undertakes to control or administer, directly may establish a boxing commission to regu- sion sanction, required for or indirectly, a boxing-related matter on be- late professional boxing matches held on In- matches. half of that boxer, including a person who is dian land under the jurisdiction of that trib- øSec. 6. Safety standards. a booking agent for a boxer. al organization. øSec. 7. Registration. ø‘‘(12) MATCHMAKER.—The term ‘match- ø‘‘(b) CONTRACT WITH A BOXING COMMIS- øSec. 8. Review. maker’ means a person that proposes, se- SION.—A tribal organization that does not es- øSec. 9. Reporting. lects, and arranges the boxers to participate tablish a boxing commission shall execute a øSec. 10. Contract requirements. in a professional boxing match. contract with the Association of Boxing øSec. 11. Coercive contracts. ø‘‘(13) PHYSICIAN.—The term ‘physician’ Commissions, or a boxing commission that is øSec. 12. Sanctioning organizations. means a doctor of medicine legally author- a member of the Association of Boxing Com- øSec. 13. Required disclosures by sanc- ized to practice medicine by the State in missions, to regulate any professional boxing tioning organizations. which the physician performs such function match held on Indian land under the juris- øSec. 14. Required disclosures by promoters. or action. diction of that tribal organization. If the ø Sec. 15. Judges and referees. ø‘‘(14) PROFESSIONAL BOXING MATCH.—The match is regulated by the Association of ø Sec. 16. Medical registry. term ‘professional boxing match’ means a Boxing Commissions, the match shall be reg- ø Sec. 17. Conflicts of interest. boxing contest held in the United States be- ulated in accordance with the guidelines es- ø Sec. 18. Enforcement. tween individuals for financial compensa- tablished by the United States Boxing Ad- øSec. 19. Repeal of deadwood. tion. The term ‘professional boxing match’ ministration. If the match is regulated by a øSec. 20. Recognition of tribal law. does not include a boxing contest that is reg- boxing commission from a State other than øSec. 21. Establishment of United States ulated by a duly recognized amateur sports the State within the borders of which the In- Boxing Administration. organization, as approved by the Administra- øSec. 22. Effective date. dian land is located, the match shall be regu- tion. lated in accordance with the applicable re- ø SEC. 2. AMENDMENT OF PROFESSIONAL BOXING ø‘‘(15) PROMOTER.—The term ‘promoter’ quirements of the State where the match is SAFETY ACT OF 1996. means the person responsible for organizing, held. øExcept as otherwise expressly provided, promoting, and producing a professional box- ø‘‘(c) STANDARDS AND LICENSING.—A tribal whenever in this title an amendment or re- ing match. The term ‘promoter’ does not in- peal is expressed in terms of an amendment organization that establishes a boxing com- clude a premium or other cable or satellite mission shall, by tribal ordinance or resolu- to, or repeal of, a section or other provision, program service, hotel, casino, resort, or the reference shall be considered to be made tion, establish and provide for the implemen- other commercial establishment hosting or tation of health and safety standards, licens- to a section or other provision of the Profes- sponsoring a professional boxing match un- sional Boxing Safety Act of 1996 (15 U.S.C. ing requirements, and other requirements re- less— lating to the conduct of professional boxing 6301 et seq.). ø‘‘(A) the premium or other cable or sat- ø matches that are at least as restrictive as— SEC. 3. DEFINITIONS. ellite program service, hotel, casino, resort, ø‘‘(1) the otherwise applicable require- ø (a) IN GENERAL.—Section 2 (15 U.S.C. 6301) or other commercial establishment has a ments of the State in which the Indian land is amended to read as follows: promotional agreement with a boxer in the on which the professional boxing match is ø‘‘SEC. 2. DEFINITIONS. match; or held is located; or ø‘‘In this Act: ø‘‘(B) there is another person responsible ø‘‘(2) the guidelines established by the ø‘‘(1) ADMINISTRATION.—The term ‘Admin- for organizing, promoting, and producing the United States Boxing Administration.’’. istration’ means the United States Boxing match who is affiliated with the premium or øSEC. 4. PURPOSES. Administration. other cable or satellite program service, øSection 3(2) (15 U.S.C. 6302(2)) is amended ø‘‘(2) BOUT AGREEMENT.—The term ‘bout hotel, casino, resort, or other commercial es- agreement’ means a contract between a pro- tablishment. by striking ‘State’. moter and a boxer which requires the boxer ø‘‘(16) PROMOTIONAL AGREEMENT.—The term øSEC. 5. USBA APPROVAL, OR ABC OR COMMIS- to participate in a professional boxing match ‘promotional agreement’ means a contract SION SANCTION, REQUIRED FOR with a designated opponent on a particular between a any person and a boxer under MATCHES. date. which the boxer grants to that person the ø(a) IN GENERAL.—Section 4 (15 U.S.C. 6303) ø‘‘(3) BOXER.—The term ‘boxer’ means an right to secure and arrange all professional is amended to read as follows: individual who fights in a professional box- boxing matches requiring the boxer’s serv- ø‘‘SEC. 4. APPROVAL OR SANCTION REQUIRE- ing match. ices for— MENT. ø‘‘(4) BOXING COMMISSION.—The term ‘box- ø‘‘(A) a prescribed period of time; or ø‘‘(a) IN GENERAL.—No person may ar- ing commission’ means an entity authorized ø‘‘(B) a prescribed number of professional range, promote, organize, produce, or fight under State or tribal law to regulate profes- boxing matches. in a professional boxing match within the sional boxing matches. ø‘‘(17) STATE.—The term ‘State’ means United States unless the match— ø‘‘(5) BOXER REGISTRY.—The term ‘boxer each of the 50 States, Puerto Rico, the Dis- ø‘‘(1) is approved by the Administration; registry’ means any entity certified by the trict of Columbia, and any territory or pos- and

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3501 ø‘‘(2) is supervised by the Association of øSEC. 9. REPORTING. tion), within 7 days after receiving the re- Boxing Commissions or by a boxing commis- øSection 8 (15 U.S.C. 6307) is amended— quest— sion that is a member of the Association of ø(1) by striking ‘‘48 business hours’’ and in- ø‘‘(1) provide to the boxer a written expla- Boxing Commissions. serting ‘‘2 business days’’; and nation under penalty of perjury of the orga- ø‘‘(b) APPROVAL PRESUMED.—For purposes ø(2) by striking ‘‘each boxer registry.’’ and nization’s rating criteria, its rating of the of subsection (a), the Administration shall be inserting ‘‘the Administration.’’. boxer, and the rationale or basis for its rat- presumed to have approved any match other øSEC. 10. CONTRACT REQUIREMENTS. ing (including a response to any specific than— øSection 9 (15 U.S.C. 6307a) is amended to questions submitted by the boxer); and ø‘‘(1) a match with respect to which the read as follows: ø‘‘(2) submit a copy of its explanation to Administration has been informed of an al- the Association of Boxing Commissions and ø‘‘SEC. 9. CONTRACT REQUIREMENTS. leged violation of this Act and with respect the Administration.’’. ø‘‘(a) IN GENERAL.—The Administration, in to which it has notified the supervising box- ø consultation with the Association of Boxing SEC. 13. REQUIRED DISCLOSURES BY SANC- ing commission that it does not approve; TIONING ORGANIZATIONS. Commissions, shall develop guidelines for ø‘‘(2) a match advertised to the public as a øSection 12 (15 U.S.C. 6307d) is amended— minimum contractual provisions that shall championship match; or ø(1) by striking the matter preceding para- be included in each bout agreement, boxer- ø‘‘(3) a match scheduled for 10 rounds or graph (1) and inserting ‘‘Within 7 days after manager contract, and promotional agree- more. a professional boxing match of 10 rounds or ment. Each boxing commission shall ensure ø‘‘(c) NOTIFICATION; ASSURANCES.—Each more, the sanctioning organization for that promoter who intends to hold a professional that these minimal contractual provisions match shall provide to the boxing commis- boxing match in a State that does not have are present in any such agreement or con- sion in the State or on Indian land respon- a boxing commission shall, not later than 14 tract submitted to it. sible for regulating the match, and to the ø days before the intended date of that match, ‘‘(b) FILING AND APPROVAL REQUIRE- Administration, a statement of—’’; provide assurances in writing to the Admin- MENTS.— ø(2) by striking ‘‘will assess’’ in paragraph ø istration and the supervising boxing commis- ‘‘(1) ADMINISTRATION.—A manager or pro- (1) and inserting ‘‘has assessed, or will as- sion that all applicable requirements of this moter shall submit a copy of each boxer- sess,’’; and Act will be met with respect to that profes- manager contract and each promotional ø(3) by striking ‘‘will receive’’ in paragraph sional boxing match.’’. agreement between that manager or pro- (2) and inserting ‘‘has received, or will re- moter and a boxer to the Administration, ø(b) CONFORMING AMENDMENT.—Section 19 ceive,’’. and, if requested, to the boxing commission (15 U.S.C. 6310) is repealed. øSEC. 14. REQUIRED DISCLOSURES BY PRO- with jurisdiction over the bout. øSEC. 6. SAFETY STANDARDS. MOTERS. ø‘‘(2) BOXING COMMISSION.—A boxing com- øSection 5 (15 U.S.C. 6304) is amended— øSection 13 (15 U.S.C. 6307e) is amended— mission may not approve a professional box- ø(1) by striking ‘‘requirements or an alter- ø(1) by striking the matter in subsection ing match unless a copy of the bout agree- native requirement in effect under regula- (a) preceding paragraph (1) and inserting the ment related to that match has been filed tions of a boxing commission that provides following: with it and approved by it. equivalent protection of the health and safe- ø‘‘(a) DISCLOSURES TO BOXING COMMISSIONS ø‘‘(c) BOND OR OTHER SURETY.—A boxing ty of boxers:’’ and inserting ‘‘requirements:’’; AND ADMINISTRATION.—Within 7 days after a commission may not approve a professional ø(2) by adding at the end of paragraph (1) professional boxing match of 10 rounds or boxing match unless the promoter of that ‘‘The examination shall include testing for more, the promoter of any boxer partici- match has posted a surety bond, cashier’s infectious diseases in accordance with stand- pating in that match shall provide to the check, letter of credit, cash, or other secu- ards established by the Administration.’’; boxing commission in the State or on Indian rity with the boxing commission in an ø(3) by striking paragraph (2) and inserting land responsible for regulating the match, amount acceptable to the boxing commis- and to the Administration—’’; the following: sion.’’. ø(2) by striking ‘‘writing,’’ in subsection ø‘‘(2) An ambulance continuously present ø (a)(1) and inserting ‘‘writing, other than a on site.’’; SEC. 11. COERCIVE CONTRACTS. bout agreement previously provided to the ø(4) by redesignating paragraphs (3) and (4) øSection 10 (15 U.S.C. 6307b) is amended— commission,’’; as paragraphs (4) and (5), respectively, and ø(1) by striking paragraph (3) of subsection ø(3) by striking ‘‘all fees, charges, and ex- inserting after paragraph (2) the following: (a); penses that will be’’ in subsection (a)(3)(A) ø‘‘(3) Emergency medical personnel with ø(2) by inserting ‘‘or elimination’’ after and inserting ‘‘a statement of all fees, appropriate resuscitation equipment con- ‘‘mandatory’’ in subsection (b). charges, and expenses that have been, or will tinuously present on site.’’; and øSEC. 12. SANCTIONING ORGANIZATIONS. be,’’; ø(5) by striking ‘‘match.’’ in paragraph (5), ø(a) IN GENERAL.—Section 11 (15 U.S.C. ø(4) by inserting ‘‘a statement of’’ before as redesignated, and inserting ‘‘match in an 6307c) is amended to read as follows: ‘‘all’’ in subsection (a)(3)(B); amount prescribed by the Administration.’’. ø ‘‘SEC. 11. SANCTIONING ORGANIZATIONS. ø(5) by inserting ‘‘a statement of’’ before ø SEC. 7. REGISTRATION. ø‘‘(a) OBJECTIVE CRITERIA.—Within 1 year ‘‘any’’ in subsection (a)(3)(C); ø Section 6 (15 U.S.C. 6305) is amended— after the date of enactment of the Profes- ø(6) by striking the matter in subsection ø(1) by inserting ‘‘or Indian tribe’’ after sional Boxing Amendments Act of 2003, the (b) following ‘‘BOXER.—’’ and preceding para- ‘‘State’’ the second place it appears in sub- Administration shall develop guidelines for graph (1) and inserting ‘‘Within 7 days after section (a)(2); objective and consistent written criteria for a professional boxing match of 10 rounds or ø (2) by striking the first sentence of sub- the rating of professional boxers based on more, the promoter of that match shall pro- section (c) and inserting ‘‘A boxing commis- the athletic merits of the boxers. Within 90 vide to each boxer participating in the sion shall, in accordance with requirements days after the Administration’s promulga- match a statement of—’’; and established by the Administration, make a tion of the guidelines, each sanctioning orga- ø(7) by striking ‘‘match;’’ in subsection health and safety disclosure to a boxer when nization shall adopt the guidelines and fol- (b)(1) and inserting ‘‘match, and that the issuing an identification card to that low them. promoter has paid, or agreed to pay, to any boxer.’’; ø‘‘(b) NOTIFICATION OF CHANGE IN RATING.— other person in connection with the match;’’. ø(3) by striking ‘‘should’’ in the second sen- A sanctioning organization shall, with re- øSEC. 15. JUDGES AND REFEREES. tence of subsection (c) and inserting ‘‘shall, spect to a change in the rating of a boxer ø(a) IN GENERAL.—Section 16 (15 U.S.C. at a minimum,’’; and previously rated by such organization in the 6307h) is amended— ø(4) by adding at the end the following: top 10 boxers— ø(1) by inserting ‘‘(a) LICENSING AND AS- ø‘‘(d) COPY OF REGISTRATION TO BE SENT TO ø ‘‘(1) post a copy, within 7 days after the SIGNMENT REQUIREMENT.—’’ before ‘‘No per- ADMINISTRATION.—A boxing commission change, on its Internet website or home son’’; shall furnish a copy of each registration re- page, if any, including an explanation of the ø(2) by striking ‘‘certified and approved’’ ceived under subsection (a) to the Adminis- change, for a period of not less than 30 days; and inserting ‘‘selected’’; tration.’’. ø (2) provide a copy of the rating change ø(3) by inserting ‘‘or Indian lands’’ after ø SEC. 8. REVIEW. and a thorough explanation in writing under ‘‘State’’; and ø Section 7 (15 U.S.C. 6306) is amended— penalty of perjury to the boxer and the Ad- ø(4) by adding at the end the following: ø(1) by striking paragraphs (3) and (4) of ministration; ø‘‘(b) CHAMPIONSHIP AND 10-ROUND BOUTS.— subsection (a) and inserting the following: ø‘‘(3) provide the boxer an opportunity to In addition to the requirements of subsection ø‘‘(3) Procedures to review a summary sus- appeal the ratings change; and (a), no person may arrange, promote, orga- pension when a hearing before the boxing ø‘‘(4) apply the objective criteria for rat- nize, produce, or fight in a professional box- commission is requested by a boxer, licensee, ings required under subsection (a) in consid- ing match advertised to the public as a manager, matchmaker, promoter, or other ering any such appeal. championship match or in a professional boxing service provider which provides an ø‘‘(c) CHALLENGE OF RATING.—If a sanc- boxing match scheduled for 10 rounds or opportunity for that person to present evi- tioning organization receives an inquiry more unless all referees and judges partici- dence.’’; from a boxer challenging that organization’s pating in the match have been licensed by ø(2) by striking subsection (b); and rating of the boxer, it shall (except to the ex- the Administration or selected by a boxing ø(3) by striking ‘‘(a) PROCEDURES.—’’. tent otherwise required by the Administra- commission.

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ø‘‘(c) SANCTIONING ORGANIZATION NOT TO ø(1) by insert ‘‘OR TRIBAL’’ in the section ø‘‘(C) to improve the status and standards INFLUENCE SELECTION PROCESS.—A sanc- heading after ‘‘STATE’’; and of professional boxing in the United States; tioning organization— ø(2) by inserting ‘‘or Indian tribe’’ after ø‘‘(5) ensure, through the Attorney Gen- ø‘‘(1) may provide a list of judges and ref- ‘‘State’’. eral, the chief law enforcement officer of the erees deemed qualified by that organization øSEC. 21. ESTABLISHMENT OF UNITED STATES several States, and other appropriate officers to a boxing commission; but BOXING ADMINISTRATION. and agencies of Federal, State, and local ø‘‘(2) shall not influence, or attempt to in- ø(a) IN GENERAL.—The Act is amended by government, that Federal and State laws ap- fluence, a boxing commission’s selection of a adding at the end the following: plicable to professional boxing matches in judge or referee for a professional boxing ø‘‘TITLE II—UNITED STATES BOXING the United States are vigorously, effectively, match except by providing such a list. ADMINISTRATION and fairly enforced; ø SSIGNMENT OF ONRESIDENT UDGES ø‘‘(6) review local boxing authority regula- ‘‘(d) A N J ø‘‘SEC. 201. PURPOSE. tions for professional boxing and provide as- AND REFEREES.—A boxing commission may ø‘‘The purpose of this title is to protect the sistance to such authorities in meeting min- assign judges and referees who reside outside health, safety, and welfare of boxers and to imum standards prescribed by the Adminis- that commission’s State or Indian land if the ensure fairness in the sport of professional tration under this title; judge or referee is licensed by a boxing com- boxing. mission in the United States. ø‘‘(7) serve as the coordinating body for all ø‘‘SEC. 202. ESTABLISHMENT OF UNITED STATES ø‘‘(e) REQUIRED DISCLOSURE.—A judge or efforts in the United States to establish and BOXING ADMINISTRATION. referee shall provide to the boxing commis- maintain uniform minimum health and safe- ø‘‘(a) IN GENERAL.—The United States Box- ty standards for professional boxing; sion responsible for regulating a professional ing Administration is established as an ad- ø‘‘(8) if the Administrator determines it to boxing match in a State or on Indian land a ministration of the Department of Labor. be appropriate, publish a newspaper, maga- statement of all consideration, including re- ø‘‘(b) ADMINISTRATOR.— zine, or other publication and establish and imbursement for expenses, that the judge or ø‘‘(1) APPOINTMENT.—The Administration referee has received, or will receive, from shall be headed by an Administrator, ap- maintain a website consistent with the pur- any source for participation in the match. If pointed by the President, by and with the ad- poses of the Administration; ø the match is scheduled for 10 rounds or more, vice and consent of the Senate. ‘‘(8) procure the temporary and intermittent services of experts and consultants to the judge or referee shall also provide such a ø‘‘(2) QUALIFICATIONS.—The Administrator statement to the Administration.’’. shall be an individual who— the extent authorized by section 3109(b) of ø (b) CONFORMING AMENDMENT.—Section 14 ø‘‘(A) has extensive experience in profes- title 5, United States Code, at rates the Ad- (15 U.S.C. 6307f) is repealed. sional boxing activities or in a field directly ministration determines to be reasonable; øSEC. 16. MEDICAL REGISTRY. related to professional sports; and ø øThe Act is amended by inserting after sec- ø‘‘(B) is of outstanding character and rec- ‘‘(9) take any other action that is nection 13 (15 U.S.C. 6307e) the following: ognized integrity; and essary and proper to accomplish the purpose of this title consistent with the provisions of ø‘‘SEC. 14. MEDICAL REGISTRY. ø‘‘(C) is selected on the basis of training, this title. ø(a) IN GENERAL.—The Administration, in experience, and qualifications and without ø‘‘(c) PROHIBITIONS.—The Administration regard to party affiliation. consultation with the Association of Boxing may not— ø‘‘(3) COMPENSATION.—Section 5315 of title Commissions, shall establish and maintain, ø‘‘(1) promote boxing events or rank pro- 5, United States Code, is amended by adding or certify a third party entity to establish fessional boxers; or at the end the following: and maintain, a medical registry that con- ø‘‘(2) provide technical assistance to, or au- ø‘‘The Administrator of the United States tains comprehensive medical records and thorize the use of the name of the Adminis- Boxing Administration.’’. medical denials or suspensions for every li- tration by, boxing commissions that do not ø‘‘(4) TERM OF OFFICE.—The Administrator censed boxer. comply with requirements of the Adminis- ø shall serve for a term of 4 years. ‘‘(b) CONTENT; SUBMISSION.—The Adminis- tration. ø‘‘(c) ASSISTANT ADMINISTRATOR; GENERAL tration shall determine— ø‘‘(d) USE OF NAME.—The Administration ø‘‘(1) the nature of medical records and COUNSEL.—The Administration shall have an shall have the exclusive right to use the medical suspensions of a boxer that are to be Assistant Administrator and a General name ‘United States Boxing Administra- forwarded to the medical registry; and Counsel, who shall be appointed by the Ad- tion’. Any person who, without the permis- ø‘‘(2) the time within which the medical ministrator. The Assistant Administrator sion of the Administration, uses that name records and medical suspensions are to be shall— or any other exclusive name, trademark, em- submitted to the medical registry. ø‘‘(1) serve as Administrator in the absence blem, symbol, or insignia of the Administra- ø‘‘(c) CONFIDENTIALITY.—The Administra- of the Administrator, in the event of the in- tion for the purpose of inducing the sale of tion shall establish confidentiality standards ability of the Administrator to carry out the any goods or services, or to promote any ex- for the disclosure of personally identifiable functions of the Administrator, or in the hibition, performance, or sporting event, information to boxing commissions that event of a vacancy in that office; and shall be subject to suit in a civil action by will— ø‘‘(2) carry out such duties as the Adminis- the Administration for the remedies pro- ø‘‘(1) protect the health and safety of box- trator may assign. vided in the Act of July 5, 1946 (commonly ers by making relevant information avail- ø‘‘(d) STAFF.—The Administration shall known as the ‘Trademark Act of 1946’; 15 able to the boxing commissions for use but have such additional staff as may be nec- U.S.C. 1051 et seq.). not public disclosure; and essary to carry out the functions of the Ad- ø‘‘SEC. 204. LICENSING AND REGISTRATION OF ø‘‘(2) ensure that the privacy of the boxers ministration. BOXING PERSONNEL. is protected.’’. ø‘‘SEC. 203. FUNCTIONS. ø‘‘(a) LICENSING.— øSEC. 17. CONFLICTS OF INTEREST. ø‘‘(a) PRIMARY FUNCTIONS.—The primary ø‘‘(1) REQUIREMENT FOR LICENSE.—No per- øSection 17(a) is amended by inserting ‘‘no function of the Administration are— son may compete in a professional boxing officer or employee of the Administration,’’ ø‘‘(1) to protect the health, safety, and gen- match or serve as a boxing manager, boxing after ‘‘laws,’’. eral interests of boxers consistent with the promoter, or sanctioning organization for a provisions of this Act; and professional boxing match except as provided øSEC. 18. ENFORCEMENT. ø‘‘(2) to ensure uniformity, fairness, and in a license granted to that person under this øSection 18 (15 U.S.C. 6309) is amended— integrity in professional boxing. subsection. ø(1) by striking ‘‘(a) INJUNCTION.—’’ in sub- ø‘‘(b) SPECIFIC FUNCTIONS.—The Adminis- ø‘‘(2) APPLICATION AND TERM.— section (a) and inserting ‘‘(a) ACTIONS BY AT- trator shall— ø‘‘(A) IN GENERAL.—The Administration TORNEY GENERAL.—’’; ø‘‘(1) administer title I of this Act; shall— ø(2) by inserting ‘‘or criminal’’ after ø‘‘(2) promulgate uniform standards for ø‘‘(i) establish application procedures, ‘‘civil’’ in subsection (a); professional boxing in consultation with the forms, and fees; ø(3) by inserting ‘‘any officer or employee boxing commissions of the several States ø‘‘(ii) establish and publish appropriate of the Administration,’’ after ‘‘laws,’’ in sub- and tribal organizations; standards for licenses granted under this sec- section (b)(3); ø‘‘(3) except as otherwise determined by tion; and ø(4) by inserting ‘‘has engaged in or’’ after the Administration, oversee all professional ø‘‘(iii) issue a license to any person who, as ‘‘organization’’ in subsection (c); boxing matches in the United States; determined by the Administration, meets ø(5) by inserting ‘‘or criminal’’ after ø‘‘(4) work with sanctioning organizations, the standards established by the Administra- ‘‘civil’’ in subsection (c); the Association of Boxing Commissions, and tion under this title. ø(6) by striking ‘‘fines’’ in subsection (c)(3) the boxing commissions of the several States ø‘‘(B) DURATION.—A license issued under and inserting ‘‘sanctions’’; and and tribal organizations— this section shall be for a renewable— ø(7) by striking ‘‘boxer’’ in subsection (d) ø‘‘(A) to improve the safety, integrity, and ø‘‘(i) 4-year term for a boxer; and and inserting ‘‘person’’. professionalism of professional boxing in the ø‘‘(ii) 2-year term for any other person. ø SEC. 19. REPEAL OF DEADWOOD. United States; ø‘‘(C) PROCEDURE.—The Administration øSection 20 (15 U.S.C. 6311) is repealed. ø‘‘(B) to enhance physical, medical, finan- may issue a license under this paragraph øSEC. 20. RECOGNITION OF TRIBAL LAW. cial, and other safeguards established for the through local boxing authorities or in a øSection 22 (15 U.S.C. 6313) is amended— protection of professional boxers; and manner determined by the Administration.

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ø‘‘(b) LICENSING FEES.— terminate the suspension or denial at any or forfeiture for, or on account of, any trans- ø‘‘(1) AUTHORITY.—The Administration time that a physician certifies that the action, matter, or thing concerning the mat- may prescribe and charge reasonable fees for boxer is fit to participate in a professional ter about which that individual is compelled, the licensing of persons under this title. The boxing match. The Administration shall pre- after having claimed a privilege against self- Administration may set, charge, and adjust scribe the standards and procedures for ac- incrimination, to testify or produce evi- varying fees on the basis of classifications of cepting certifications under this subpara- dence, documentary or otherwise, except persons, functions, and events determined graph. that the individual so testifying shall not be appropriate by the Administration. ø‘‘(b) INVESTIGATIONS AND INJUNCTIONS.— exempt from prosecution and punishment for ø‘‘(2) LIMITATIONS.—In setting and charging ø‘‘(1) AUTHORITY.—The Administration perjury committed in so testifying. fees under paragraph (1), the Administration may— ø‘‘(5) INJUNCTIVE RELIEF.—If the Adminis- shall ensure that, to the maximum extent ø‘‘(A) conduct any investigation that it tration determines that any person is en- practicable— considers necessary to determine whether gaged or about to engage in any act or prac- ø‘‘(A) club boxing is not adversely effected; any person has violated, or is about to vio- tice that constitutes a violation of any pro- ø‘‘(B) sanctioning organizations and pro- late, any provision of this title or any regu- vision of this title, or of any regulation pre- moters pay the largest portion of the fees; lation prescribed under this title; scribed under this title, the Administration and ø‘‘(B) require or permit any person to file may bring an action in the appropriate dis- ø‘‘(C) boxers pay as small a portion of the with it a statement in writing, under oath or trict court of the United States, the United fees as is possible. otherwise as the Administration shall deter- States District Court for the District of Co- ø‘‘(3) COLLECTION.—Fees established under mine, as to all the facts and circumstances lumbia, or the United States courts of any this subsection may be collected through concerning the matter to be investigated; territory or other place subject to the juris- ø local boxing authorities or by any other ‘‘(C) in its discretion, publish information diction of the United States, to enjoin the means determined appropriate by the Ad- concerning any violations; and act or practice, and upon a proper showing, ø ministration. ‘‘(D) investigate any facts, conditions, the court shall grant without bond a perma- practices, or matters to aid in the enforce- ø‘‘SEC. 205. NATIONAL REGISTRY OF BOXING PER- nent or temporary injunction or restraining SONNEL. ment of the provisions of this title, in the order. prescribing of regulations under this title, or ø‘‘(a) REQUIREMENT FOR REGISTRY.—The ø‘‘(6) MANDAMUS.—Upon application of the Administration, in consultation with the As- in securing information to serve as a basis Administration, the district courts of the sociation of Boxing Commissions, shall es- for recommending legislation concerning the United States, the United States District tablish and maintain (or authorize a third matters to which this title relates. Court for the District of Columbia, and the ø‘‘(2) POWERS.— party to establish and maintain) a unified United States courts of any territory or ø‘‘(A) IN GENERAL.—For the purpose of any national computerized registry for the col- other place subject to the jurisdiction of the investigation under paragraph (1), or any lection, storage, and retrieval of information United States, shall have jurisdiction to other proceeding under this title, any officer related to the performance of its duties. issue writs of mandamus commanding any designated by the Administration may ad- ø‘‘(b) CONTENTS.—The information in the person to comply with the provisions of this minister oaths and affirmations, subpoena or registry shall include the following: title or any order of the Administration. otherwise compel the attendance of wit- ø‘‘(1) BOXERS.—A list of professional boxers ø‘‘(c) INTERVENTION IN CIVIL ACTIONS.— nesses, take evidence, and require the pro- and data in the medical registry established ø‘‘(1) IN GENERAL.—The Administration, on duction of any books, papers, correspond- under section 114 of this Act, which the Ad- behalf of the public interest, may intervene ence, memorandums, or other records which ministration shall secure from disclosure in of right as provided under rule 24(a) of the the Administration considers relevant or accordance with the confidentiality require- Federal Rules of Civil Procedure in any civil material to the inquiry. ments of section 114(c). action relating to professional boxing filed ø‘‘(B) WITNESSES AND EVIDENCE.—The at- ø THER PERSONNEL.—Information (per- in a United States district court. ‘‘(2) O tendance of witnesses and the production of ø‘‘(2) AMICUS FILING.—The Administration tinent to the sport of professional boxing) on any documents under subparagraph (A) may may file a brief in any action filed in a court boxing promoters, boxing matchmakers, box- be required from any place in the United of the United States on behalf of the public ing managers, trainers, cut men, referees, States, including Indian land, at any des- interest in any case relating to professional boxing judges, physicians, and any other per- ignated place of hearing. sonnel determined by the Administration as boxing. ø‘‘(3) ENFORCEMENT OF SUBPOENAS.— ø‘‘(d) HEARINGS BY ADMINISTRATION.—Hear- performing a professional activity for profes- ø‘‘(A) CIVIL ACTION.—In case of contumacy ings conducted by the Administration under sional boxing matches. by, or refusal to obey a subpoena issued to, this title shall be public and may be held be- ø‘‘SEC. 206. CONSULTATION REQUIREMENTS. any person, the Administration may file an ø‘‘The Administration shall consult with fore any officer of the Administration or be- action in any court of the United States fore a boxing commission that is a member local boxing authorities— within the jurisdiction of which an inves- ø‘‘(1) before prescribing any regulation or of the Association of Boxing Commissions. tigation or proceeding is carried out, or The Administration shall keep appropriate establishing any standard under the provi- where that person resides or carries on busi- records of the hearings. sions of this title; and ness, to enforce the attendance and testi- ø ø‘‘(2) not less than once each year regard- ‘‘SEC. 208. NONINTERFERENCE WITH LOCAL mony of witnesses and the production of BOXING AUTHORITIES. ing matters relating to professional boxing. books, papers, correspondence, memoran- ø‘‘(a) NONINTERFERENCE.—Nothing in this ø‘‘SEC. 207. MISCONDUCT. dums, and other records. The court may title prohibits any local boxing authority ø‘‘(a) SUSPENSION AND REVOCATION OF LI- issue an order requiring the person to appear from exercising any of its powers, duties, or CENSE OR REGISTRATION.— before the Administration to produce functions with respect to the regulation or ø‘‘(1) AUTHORITY.—The Administration records, if so ordered, or to give testimony supervision of professional boxing or profes- may, after notice and opportunity for a hear- concerning the matter under investigation sional boxing matches to the extent not in- ing, suspend or revoke any license issued or in question. consistent with the provisions of this title. under this title if the Administration finds ø‘‘(B) FAILURE TO OBEY.—Any failure to ø‘‘(b) MINIMUM STANDARDS.—Nothing in that— obey an order issued by a court under sub- this title prohibits any local boxing author- ø‘‘(A) the suspension or revocation is nec- paragraph (A) may be punished as contempt ity from enforcing local standards or re- essary for the protection of health and safety of that Court. quirements that exceed the minimum stand- or is otherwise in the public interest; ø‘‘(C) PROCESS.—All process in any con- ards or requirements promulgated by the Ad- ø‘‘(B) there are reasonable grounds for be- tempt case under subparagraph (A) may be ministration under this title. lief that a standard prescribed by the Admin- served in the judicial district in which the ø‘‘SEC. 209. ASSISTANCE FROM OTHER AGENCIES. istration under this title is not being met, or person is an inhabitant or in which the per- ø‘‘Any employee of any executive depart- that bribery, collusion, intentional losing, son may be found. ment, agency, bureau, board, commission, of- racketeering, extortion, or the use of unlaw- ø‘‘(4) EVIDENCE OF CRIMINAL MISCONDUCT.— fice, independent establishment, or instru- ful threats, coercion, or intimidation have ø‘‘(A) IN GENERAL.—No person may be ex- mentality may be detailed to the Adminis- occurred in connection with a license; or cused from attending and testifying or from tration, upon the request of the Administra- ø‘‘(C) the licensee has violated any provi- producing books, papers, contracts, agree- tion, on a reimbursable or nonreimbursable sion of this Act. ments, and other records and documents be- basis, with the consent of the appropriate ø‘‘(2) PERIOD OF SUSPENSION.— fore the Administration, in obedience to the authority having jurisdiction over the em- ø‘‘(A) IN GENERAL.—A suspension of a li- subpoena of the Administration, or in any ployee. While so detailed, an employee shall cense under this section shall be effective for cause or proceeding instituted by the Admin- continue to receive the compensation pro- a period determined appropriate by the Ad- istration, on the ground that the testimony vided pursuant to law for the employee’s reg- ministration except as provided in subpara- or evidence, documentary or otherwise, re- ular position of employment and shall re- graph (B). quired of that person may tend to incrimi- tain, without interruption, the rights and ø‘‘(B) SUSPENSION FOR MEDICAL REASONS.— nate the person or subject the person to a privileges of that employment. In the case of a suspension or denial of the li- penalty or forfeiture. ø‘‘SEC. 210. REPORTS. cense of a boxer for medical reasons by the ø‘‘(B) LIMITED IMMUNITY.—No individual ø‘‘(a) ANNUAL REPORT.—The Administra- Administration, the Administration may may be prosecuted or subject to any penalty tion shall submit a report on its activities to

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3504 CONGRESSIONAL RECORD — SENATE March 31, 2004 the Senate Committee on Commerce, ø‘‘Sec. 109. Sanctioning organizations. Sec. 1. Short title; table of contents. Science, and Transportation and the House ø‘‘Sec. 110. Required disclosures to state Sec. 2. Amendment of Professional Boxing Safe- of Representatives Committee on Commerce boxing commissions by sanc- ty Act of 1996. each year. The annual report shall include tioning organizations. Sec. 3. Definitions. the following: ø‘‘Sec. 111. Required disclosures for pro- Sec. 4. Purposes. ø‘‘(1) A detailed discussion of the activities moters. Sec. 5. USBA approval, or ABC or commission of the Administration for the year covered ø‘‘Sec. 112. Medical registry. sanction, required for matches. by the report. ø‘‘Sec. 113. Confidentiality. Sec. 6. Safety standards. ø ø Sec. 7. Registration. ‘‘(2) A description of the local boxing au- ‘‘Sec. 114. Judges and referees. Sec. 8. Review. thority of each State and Indian tribe. ø‘‘Sec. 115. Conflicts of interest. Sec. 9. Reporting. ø‘‘(b) PUBLIC REPORT.—The Administration ø‘‘Sec. 116. Enforcement. Sec. 10. Contract requirements. shall annually issue and publicize a report of ø‘‘Sec. 117. Professional boxing matches con- Sec. 11. Coercive contracts. the Administration on the progress made at ducted on indian lands. Sec. 12. Sanctioning organizations. Federal and State levels and on Indian lands ø‘‘Sec. 118. Relationship with State or tribal Sec. 13. Required disclosures by sanctioning or- in the reform of professional boxing, which law. ganizations. shall include comments on issues of con- ‘‘TITLE II—UNITED STATES BOXING Sec. 14. Required disclosures by promoters. Sec. 15. Judges and referees. tinuing concern to the Administration. ADMINISTRATION ø‘‘(c) FIRST ANNUAL REPORT ON THE ADMIN- Sec. 16. Medical registry. ø‘‘Sec. 201. Purpose. Sec. 17. Conflicts of interest. ISTRATION.—The first annual report under ø‘‘Sec. 202. Establishment of United States Sec. 18. Enforcement. this title shall be submitted not later than 2 Boxing Administration. Sec. 19. Repeal of deadwood. years after the effective date of this title. ø‘‘Sec. 203. Functions. Sec. 20. Recognition of tribal law. ø ‘‘SEC. 211. INITIAL IMPLEMENTATION. ø‘‘Sec. 204. Licensing and registration of Sec. 21. Establishment of United States Boxing ø‘‘(a) TEMPORARY EXEMPTION.—The require- boxing personnel. Administration. ments for licensing under this title do not ø‘‘Sec. 205. National registry of boxing per- Sec. 22. Effective date. apply to a person for the performance of an sonnel. SEC. 2. AMENDMENT OF PROFESSIONAL BOXING activity as a boxer, boxing judge, or referee, ø‘‘Sec. 206. Consultation requirements. SAFETY ACT OF 1996. or the performance of any other professional ø‘‘Sec. 207. Misconduct. Except as otherwise expressly provided, when- activity in relation to a professional boxing ø‘‘Sec. 208. Noninterference with local box- ever in this title an amendment or repeal is ex- match, if the person is licensed by a boxing ing authorities. pressed in terms of an amendment to, or repeal commission to perform that activity as of ø‘‘Sec. 209. Assistance from other agencies. of, a section or other provision, the reference the effective date of this title. ø‘‘Sec. 210. Reports. shall be considered to be made to a section or ø‘‘(b) EXPIRATION.—The exemption under ø‘‘Sec. 211. Initial implementation. other provision of the Professional Boxing Safe- subsection (a) with respect to a license ø‘‘Sec. 212. Authorization of appropria- ty Act of 1996 (15 U.S.C. 6301 et seq.). issued by a boxing commission expires on the tions.’’; SEC. 3. DEFINITIONS. earlier of— ø(B) by inserting before section 3 the fol- (a) IN GENERAL.—Section 2 (15 U.S.C. 6301) is ø‘‘(A) the date on which the license ex- lowing: amended to read as follows: pires; or ‘‘SEC. 2. DEFINITIONS. ø‘‘TITLE I—PROFESSIONAL BOXING ø‘‘(B) the date that is 2 years after the date ‘‘In this Act: SAFETY’’ ; of the enactment of the Professional Boxing ‘‘(1) ADMINISTRATION.—The term ‘Administra- ø(C) by redesignating sections 3, 4, 5, 6, 7, 8, Amendments Act of 2003. tion’ means the United States Boxing Adminis- 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 21, and 22 as ø‘‘SEC. 212. AUTHORIZATION OF APPROPRIA- tration. sections 101 through 118, respectively; ‘‘(2) BOUT AGREEMENT.—The term ‘bout agree- TIONS. ø(D) by striking ‘‘section 13’’ each place it ø ment’ means a contract between a promoter and ‘‘(a) IN GENERAL.—There are authorized to appears in section 113, as redesignated, and be appropriated for the Administration for a boxer that requires the boxer to participate in inserting ‘‘section 111’’; a professional boxing match with a designated each fiscal year such sums as may be nec- ø (E) by striking ‘‘section 4.’’ in section opponent on a particular date. essary for the Administration to perform its 117(a), as redesignated, and inserting ‘‘sec- functions for that fiscal year. ‘‘(3) BOXER.—The term ‘boxer’ means an indi- tion 102.’’; vidual who fights in a professional boxing ø‘‘(b) RECEIPTS CREDITED AS OFFSETTING ø(F) by striking ‘‘9(b), 10, 11, 12, 13, 14, or match. COLLECTIONS.—Notwithstanding section 3302 16,’’ in paragraph (1) of section 116(b), as re- ‘‘(4) BOXING COMMISSION.—The term ‘boxing of title 31, United States Code, any fee col- designated, and inserting ‘‘107, 108, 109, 110, commission’ means an entity authorized under lected under this title— 111, or 114,’’; State or tribal law to regulate professional box- ø‘‘(1) shall be credited as offsetting collec- ø(G) by striking ‘‘9(b), 10, 11, 12, 13, 14, or ing matches. tions to the account that finances the activi- 16’’ in paragraph (2) of section 116(b), as re- ‘‘(5) BOXER REGISTRY.—The term ‘boxer reg- ties and services for which the fee is im- designated, and inserting ‘‘107, 108, 109, 110, istry’ means any entity certified by the Adminis- posed; 111, or 114’’; tration for the purposes of maintaining records ø‘‘(2) shall be available for expenditure ø(H) by striking ‘‘section 17(a)’’ in sub- and identification of boxers. only to pay the costs of activities and serv- section (b)(3) of section 116, as redesignated, ‘‘(6) BOXING SERVICE PROVIDER.—The term ices for which the fee is imposed; and and inserting ‘‘section 115(a)’’; ‘boxing service provider’ means a promoter, ø ‘‘(3) shall remain available until ex- ø(I) by striking ‘‘section 10’’ in subsection manager, sanctioning body, licensee, or match- pended.’’. (e)(3) of section 116, as redesignated, and in- maker. ø (b) CONFORMING AMENDMENTS.— serting ‘‘section 108’’; and ‘‘(7) CONTRACT PROVISION.—The term ‘con- ø (1) PBSA.—The Professional Boxing Safe- ø(J) by striking ‘‘of this Act’’ each place it tract provision’ means any legal obligation be- ty Act or 1966, as amended by this Act, is fur- appears in sections 101 through 120, as redes- tween a boxer and a boxing service provider. ther amended— ignated, and inserting ‘‘of this title’’. ‘‘(8) INDIAN LANDS; INDIAN TRIBE.—The terms ø(A) by amending section 1 to read as fol- ø(2) COMPENSATION OF ADMINISTRATOR.— ‘Indian lands’ and ‘Indian tribe’ have the lows: Section 5315 of title 5, United States Code, is meanings given those terms by paragraphs (4) ø‘‘SECTION 1. SHORT TITLE; TABLE OF CON- amended by adding at the end the following: and (5), respectively, of section 4 of the Indian TENTS. ø‘‘The Administrator of the United States Gaming Regulatory Act (25 U.S.C. 2703). ø‘‘(a) SHORT TITLE.—This Act may be cited Boxing Administration.’’. ‘‘(9) LICENSEE.—The term ‘licensee’ means an as the ‘Professional Boxing Safety Act’. øSEC. 22. EFFECTIVE DATE. individual who serves as a trainer, second, or ø‘‘(b) TABLE OF CONTENTS.—The table of cut man for a boxer. ø(a) IN GENERAL.—Except as provided in contents for this Act is as follows: ‘‘(10) LOCAL BOXING AUTHORITY.—The term subsection (b), the amendments made by this ‘local boxing authority’ means— ø‘‘Section 1. Short title; table of contents. Act shall take effect on the date of enact- ø‘‘Sec. 2. Definitions. ‘‘(A) any agency of a State, or of a political ment of this Act. subdivision of a State, that has authority under ø ø ‘‘TITLE I—PROFESSIONAL BOXING (b) 1-YEAR DELAY FOR CERTAIN TITLE II the laws of the State to regulate professional SAFETY PROVISIONS.—Sections 205 through 212 of the boxing; and ø‘‘Sec. 101. Purposes. Professional Boxing Safety Act or 1996, as ‘‘(B) any agency of an Indian tribe that is au- ø‘‘Sec. 102. Approval or sanction require- added by section 21(a) of this Act, shall take thorized by the Indian tribe or the governing ment. effect 1 year after the date of enactment of body of the Indian tribe to regulate professional ¿ ø‘‘Sec. 103. Safety standards. this Act. boxing on Indian lands. ø‘‘Sec. 104. Registration. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(11) MANAGER.—The term ‘manager’ means a ø‘‘Sec. 105. Review. (a) SHORT TITLE.—This Act may be cited as person who, under contract, agreement, or other ø‘‘Sec. 106. Reporting. the ‘‘Professional Boxing Amendments Act of arrangement with a boxer, undertakes to control ø‘‘Sec. 107. Contract requirements. 2003’’. or administer, directly or indirectly, a boxing-re- ø‘‘Sec. 108. Protection from coercive con- (b) TABLE OF CONTENTS.—The table of con- lated matter on behalf of that boxer, including tracts. tents for this Act is as follows: a person who is a booking agent for a boxer.

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‘‘(12) MATCHMAKER.—The term ‘matchmaker’ lish and provide for the implementation of (4) by adding at the end the following: means a person that proposes, selects, and ar- health and safety standards, licensing require- ‘‘(d) COPY OF REGISTRATION AND IDENTIFICA- ranges for boxers to participate in a professional ments, and other requirements relating to the TION CARDS TO BE SENT TO ADMINISTRATION.— boxing match. conduct of professional boxing matches that are A boxing commission shall furnish a copy of ‘‘(13) PHYSICIAN.—The term ‘physician’ means at least as restrictive as— each registration received under subsection (a), a doctor of medicine legally authorized to prac- ‘‘(1) the otherwise applicable requirements of and each identification card issued under sub- tice medicine by the State in which the physi- the State in which the Indian land on which the section (b), to the Administration.’’. cian performs such function or action. professional boxing match is held is located; or SEC. 8. REVIEW. ‘‘(14) PROFESSIONAL BOXING MATCH.—The ‘‘(2) the guidelines established by the United Section 7 (15 U.S.C. 6306) is amended— term ‘professional boxing match’ means a boxing States Boxing Administration. (1) by striking ‘‘that, except as provided in contest held in the United States between indi- ‘‘(c) APPLICATION OF ACT TO BOXING MATCHES subsection (b), no’’ in subsection (a)(2) and in- viduals for financial compensation. The term ON TRIBAL LANDS.—The provisions of this Act serting ‘‘that no’’; ‘professional boxing match’ does not include a apply to professional boxing matches held on (2) by striking paragraphs (3) and (4) of sub- boxing contest that is regulated by a duly recog- tribal lands to the same extent and in the same section (a) and inserting the following: nized amateur sports organization, as approved way as they apply to professional boxing ‘‘(3) Procedures to review a summary suspen- by the Administration. matches held in any State.’’. sion when a hearing before the boxing commis- ‘‘(15) PROMOTER.— SEC. 4. PURPOSES. sion is requested by a boxer, licensee, manager, ‘‘(A) IN GENERAL.—The term ‘promoter’ means Section 3(2) (15 U.S.C. 6302(2)) is amended by matchmaker, promoter, or other boxing service the person responsible for organizing, pro- striking ‘‘State’’. provider which provides an opportunity for that moting, and producing a professional boxing SEC. 5. USBA APPROVAL, OR ABC OR COMMISSION person to present evidence.’’; match. SANCTION, REQUIRED FOR (3) by striking subsection (b); and ‘‘(B) NON-APPLICATION TO CERTAIN ENTITIES.— MATCHES. (4) by striking ‘‘(a) PROCEDURES.—’’. The term ‘promoter’ does not include a premium (a) IN GENERAL.—Section 4 (15 U.S.C. 6303) is SEC. 9. REPORTING. or other cable or satellite program service, hotel, amended to read as follows: Section 8 (15 U.S.C. 6307) is amended— casino, resort, or other commercial establishment ‘‘SEC. 4. APPROVAL OR SANCTION REQUIREMENT. (1) by striking ‘‘48 business hours’’ and insert- hosting or sponsoring a professional boxing ‘‘(a) IN GENERAL.—No person may arrange, ing ‘‘2 business days’’; match unless it— promote, organize, produce, or fight in a profes- (2) by striking ‘‘bxoing’’ and inserting ‘‘box- ‘‘(i) is responsible for organizing, promoting, sional boxing match within the United States ing’’; and and producing the match; and unless the match— (3) by striking ‘‘each boxer registry.’’ and in- ‘‘(ii) has a promotional agreement with a ‘‘(1) is approved by the Administration; and serting ‘‘the Administration.’’. boxer in that match. ‘‘(2) is supervised by the Association of Boxing SEC. 10. CONTRACT REQUIREMENTS. ‘‘(C) ENTITIES ENGAGING IN PROMOTIONAL AC- Commissions or by a boxing commission that is Section 9 (15 U.S.C. 6307a) is amended to read TIVITIES THROUGH AN AFFILIATE.—Notwith- a member in good standing of the Association of as follows: standing subparagraph (B), an entity described Boxing Commissions. ‘‘SEC. 9. CONTRACT REQUIREMENTS. in that subparagraph shall be considered to be ‘‘(b) APPROVAL PRESUMED.—For purposes of ‘‘(a) IN GENERAL.—The Administration, in a promoter if the person responsible for orga- subsection (a), the Administration shall be pre- consultation with the Association of Boxing nizing, promoting, and producing a professional sumed to have approved any match other Commissions, shall develop guidelines for min- boxing match— than— imum contractual provisions that shall be in- ‘‘(i) is directly or indirectly under the control ‘‘(1) a match with respect to which the Admin- cluded in each bout agreement, boxer-manager of, under common control with, or acting at the istration has been informed of an alleged viola- contract, and promotional agreement. Each box- direction of that entity; and tion of this Act and with respect to which it has ing commission shall ensure that these minimal ‘‘(ii) organizes, promotes, and produces the notified the supervising boxing commission that contractual provisions are present in any such match at the direction or request of the entity. it does not approve; agreement or contract submitted to it. ‘‘(16) PROMOTIONAL AGREEMENT.—The term ‘‘(b) FILING AND APPROVAL REQUIREMENTS.— ‘promotional agreement’ means a contract be- ‘‘(2) a match advertised to the public as a ‘‘(1) ADMINISTRATION.—A manager or pro- tween a any person and a boxer under which championship match; or ‘‘(3) a match scheduled for 10 rounds or moter shall submit a copy of each boxer-man- the boxer grants to that person the right to se- more. ’’. ager contract and each promotional agreement cure and arrange all professional boxing (b) CONFORMING AMENDMENT.—Section 19 (15 between that manager or promoter and a boxer matches requiring the boxer’s services for— U.S.C. 6310) is repealed. to the Administration, and, if requested, to the ‘‘(A) a prescribed period of time; or boxing commission with jurisdiction over the ‘‘(B) a prescribed number of professional box- SEC. 6. SAFETY STANDARDS. bout. ing matches. Section 5 (15 U.S.C. 6304) is amended— ‘‘(2) BOXING COMMISSION.—A boxing commis- ‘‘(17) STATE.—The term ‘State’ means each of (1) by striking ‘‘requirements or an alternative sion may not approve a professional boxing the 50 States, Puerto Rico, the District of Co- requirement in effect under regulations of a box- match unless a copy of the bout agreement re- lumbia, and any territory or possession of the ing commission that provides equivalent protec- lated to that match has been filed with it and United States, including the Virgin Islands. tion of the health and safety of boxers:’’ and in- approved by it. ‘‘(18) SANCTIONING ORGANIZATION.—The term serting ‘‘requirements:’’; ‘‘(c) BOND OR OTHER SURETY.—A boxing com- ‘sanctioning organization’ means an organiza- (2) by adding at the end of paragraph (1) mission may not approve a professional boxing tion, other than a boxing commission, that sanc- ‘‘The examination shall include testing for in- match unless the promoter of that match has tions professional boxing matches, ranks profes- fectious diseases in accordance with standards posted a surety bond, cashier’s check, letter of sional boxers, or charges a sanctioning fee for established by the Administration.’’; credit, cash, or other security with the boxing professional boxing matches in the United (3) by striking paragraph (2) and inserting the commission in an amount acceptable to the box- States— following: ing commission.’’. ‘‘(A) between boxers who are residents of dif- ‘‘(2) An ambulance continuously present on ferent States; or site.’’; SEC. 11. COERCIVE CONTRACTS. ‘‘(B) that are advertised, otherwise promoted, (4) by redesignating paragraphs (3) and (4) as Section 10 (15 U.S.C. 6307b) is amended— or broadcast (including closed circuit television) paragraphs (4) and (5), respectively, and insert- (1) by striking paragraph (3) of subsection (a); in interstate commerce. ing after paragraph (2) the following: (2) by inserting ‘‘OR ELIMINATION’’ after ‘‘(19) SUSPENSION.—The term ‘suspension’ in- ‘‘(3) Emergency medical personnel with appro- ‘‘MANDATORY’’ in the heading of subsection (b); cludes within its meaning the temporary revoca- priate resuscitation equipment continuously and tion of a boxing license. present on site.’’; and (3) by inserting ‘‘or elimination’’ after ‘‘man- ‘‘(20) TRIBAL ORGANIZATION.—The term ‘tribal (5) by striking ‘‘match.’’ in paragraph (5), as datory’’ in subsection (b). organization’ has the same meaning as in sec- redesignated, and inserting ‘‘match in an SEC. 12. SANCTIONING ORGANIZATIONS. tion 4(l) of the Indian Self-Determination and amount prescribed by the Administration.’’. (a) IN GENERAL.—Section 11 (15 U.S.C. 6307c) Education Assistance Act (25 U.S.C. 450b(l)).’’. SEC. 7. REGISTRATION. is amended to read as follows: (b) CONFORMING AMENDMENT.—Section 21 (15 Section 6 (15 U.S.C. 6305) is amended— ‘‘SEC. 11. SANCTIONING ORGANIZATIONS. U.S.C. 6312) is amended to read as follows: (1) by inserting ‘‘or Indian tribe’’ after ‘‘(a) OBJECTIVE CRITERIA.—Within 1 year ‘‘SEC. 21. PROFESSIONAL BOXING MATCHES CON- ‘‘State’’ the second place it appears in sub- after the date of enactment of the Professional DUCTED ON INDIAN LANDS. section (a)(2); Boxing Amendments Act of 2003, the Adminis- ‘‘(a) IN GENERAL.—Notwithstanding any other (2) by striking the first sentence of subsection tration shall develop guidelines for objective and provision of law, a tribal organization may es- (c) and inserting ‘‘A boxing commission shall, in consistent written criteria for the rating of pro- tablish a boxing commission to regulate profes- accordance with requirements established by the fessional boxers based on the athletic merits of sional boxing matches held on Indian land Administration, make a health and safety dis- the boxers. Within 90 days after the Administra- under the jurisdiction of that tribal organiza- closure to a boxer when issuing an identification’s promulgation of the guidelines, each tion. tion card to that boxer.’’; sanctioning organization shall adopt the guide- ‘‘(b) STANDARDS AND LICENSING.—A tribal or- (3) by striking ‘‘should’’ in the second sen- lines and follow them. ganization that establishes a boxing commission tence of subsection (c) and inserting ‘‘shall, at ‘‘(b) NOTIFICATION OF CHANGE IN RATING.—A shall, by tribal ordinance or resolution, estab- a minimum,’’; and sanctioning organization shall, with respect to a

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 4624 Sfmt 6333 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3506 CONGRESSIONAL RECORD — SENATE March 31, 2004 change in the rating of a boxer previously rated promoter has a promotional agreement a state- (2) by inserting ‘‘no officer or employee of the by such organization in the top 10 boxers— ment of—’’; and Administration,’’ after ‘‘laws,’’; and ‘‘(1) post a copy, within 7 days after the (7) by striking ‘‘match;’’ in subsection (b)(1) (3) by striking ‘‘as described in section 4.’’ and change, on its Internet website or home page, if and inserting ‘‘match, and that the promoter inserting ‘‘ or under the jurisdiction of another any, including an explanation of the change, has paid, or agreed to pay, to any other person tribal organization.’’. for a period of not less than 30 days; in connection with the match;’’. SEC. 18. ENFORCEMENT. ‘‘(2) provide a copy of the rating change and SEC. 15. JUDGES AND REFEREES. Section 18 (15 U.S.C. 6309) is amended— a thorough explanation in writing under pen- (a) IN GENERAL.—Section 16 (15 U.S.C. 6307h) (1) by striking ‘‘(a) INJUNCTIONS.—’’ in sub- alty of perjury to the boxer and the Administra- is amended— section (a) and inserting ‘‘(a) ACTIONS BY AT- tion; (1) by inserting ‘‘(a) LICENSING AND ASSIGN- TORNEY GENERAL.—’’; ‘‘(3) provide the boxer an opportunity to ap- MENT REQUIREMENT.—’’ before ‘‘No person’’; (2) by inserting ‘‘or criminal’’ after ‘‘civil’’ in peal the ratings change to the sanctioning orga- (2) by striking ‘‘certified and approved’’ and subsection (a); nization; and inserting ‘‘selected’’; (3) by inserting ‘‘any officer or employee of ‘‘(4) apply the objective criteria for ratings re- (3) by inserting ‘‘or Indian lands’’ after the Administration,’’ after ‘‘laws,’’ in subsection quired under subsection (a) in considering any ‘‘State’’; and (b)(3); such appeal. (4) by adding at the end the following: (4) by inserting ‘‘has engaged in or’’ after ‘‘or- ‘‘(c) CHALLENGE OF RATING.—If, after dis- ‘‘(b) CHAMPIONSHIP AND 10-ROUND BOUTS.—In ganization’’ in subsection (c); posing with an appeal under subsection (b)(3), a addition to the requirements of subsection (a), (5) by inserting ‘‘or criminal’’ after ‘‘civil’’ in sanctioning organization receives a petition no person may arrange, promote, organize, subsection (c); from a boxer challenging that organization’s produce, or fight in a professional boxing match (6) by striking ‘‘fines’’ in subsection (c)(3) and rating of the boxer, it shall (except to the extent advertised to the public as a championship inserting ‘‘sanctions’’; and otherwise required by the Administration), with- match or in a professional boxing match sched- (7) by striking ‘‘boxer’’ in subsection (d) and in 7 days after receiving the petition— uled for 10 rounds or more unless all referees inserting ‘‘person’’. ‘‘(1) provide to the boxer a written expla- and judges participating in the match have been SEC. 19. REPEAL OF DEADWOOD. nation under penalty of perjury of the organiza- licensed by the Administration. Section 20 (15 U.S.C. 6311) is repealed. ANCTIONING RGANIZATION OT O N tion’s rating criteria, its rating of the boxer, and ‘‘(c) S O N T I - SEC. 20. RECOGNITION OF TRIBAL LAW. the rationale or basis for its rating (including a FLUENCE SELECTION PROCESS.—A sanctioning Section 22 (15 U.S.C. 6313) is amended— organization— response to any specific questions submitted by (1) by insert ‘‘OR TRIBAL’’ in the section ‘‘(1) may provide a list of judges and referees the boxer); and heading after ‘‘STATE’’; and ‘‘(2) submit a copy of its explanation to the deemed qualified by that organization to a box- (2) by inserting ‘‘or Indian tribe’’ after Association of Boxing Commissions and the Ad- ing commission; but ‘‘State’’. ‘‘(2) shall not influence, or attempt to influ- ministration.’’. ence, directly or indirectly, a boxing commis- SEC. 21. ESTABLISHMENT OF UNITED STATES (b) CONFORMING AMENDMENTS.—Section 18(e) BOXING ADMINISTRATION. sion’s selection of a judge or referee for a profes- (15 U.S.C. 6309(e)) is amended— (a) IN GENERAL.—The Act is amended by add- sional boxing match except by providing such a (1) by striking ‘‘FEDERAL TRADE COMMIS- ing at the end the following: list. SION,’’ in the subsection heading and inserting ‘‘(d) ASSIGNMENT OF NONRESIDENT JUDGES AND ‘‘TITLE II—UNITED STATES BOXING ‘‘UNITED STATES BOXING ADMINISTRATION’’; and REFEREES.—A boxing commission may assign ADMINISTRATION (2) by striking ‘‘Federal Trade Commission,’’ judges and referees who reside outside that com- ‘‘SEC. 201. PURPOSE. in paragraph (1) and inserting ‘‘United States mission’s State or Indian land if the judge or ‘‘The purpose of this title is to protect the Boxing Administration,’’. referee is licensed by a boxing commission in the health, safety, and welfare of boxers and to en- SEC. 13. REQUIRED DISCLOSURES BY SANC- United States. sure fairness in the sport of professional boxing. TIONING ORGANIZATIONS. ‘‘(e) REQUIRED DISCLOSURE.—A judge or ref- Section 12 (15 U.S.C. 6307d) is amended— ‘‘SEC. 202. ESTABLISHMENT OF UNITED STATES eree shall provide to the boxing commission re- BOXING ADMINISTRATION. (1) by striking the matter preceding paragraph sponsible for regulating a professional boxing ‘‘(a) IN GENERAL.—The United States Boxing (1) and inserting ‘‘Within 7 days after a profes- match in a State or on Indian land a statement Administration is established as an administra- sional boxing match of 10 rounds or more, the of all consideration, including reimbursement tion of the Department of Labor. sanctioning organization for that match shall for expenses, that the judge or referee has re- ‘‘(b) ADMINISTRATOR.— provide to the Administration, and, if requested, ceived, or will receive, from any source for par- ‘‘(1) APPOINTMENT.—The Administration shall to the boxing commission in the State or on In- ticipation in the match. If the match is sched- be headed by an Administrator, appointed by dian land responsible for regulating the match, uled for 10 rounds or more, the judge or referee the President, by and with the advice and con- a statement of—’’; shall also provide such a statement to the Ad- sent of the Senate. (2) by striking ‘‘will assess’’ in paragraph (1) ministration.’’. ‘‘(2) QUALIFICATIONS.—The Administrator and inserting ‘‘has assessed, or will assess,’’; (b) CONFORMING AMENDMENT.—Section 14 (15 shall be an individual who— and U.S.C. 6307f) is repealed. ‘‘(A) has extensive experience in professional (3) by striking ‘‘will receive’’ in paragraph (2) SEC. 16. MEDICAL REGISTRY. boxing activities or in a field directly related to and inserting ‘‘has received, or will receive,’’. The Act is amended by inserting after section professional sports; SEC. 14. REQUIRED DISCLOSURES BY PRO- 13 (15 U.S.C. 6307e) the following: ‘‘(B) is of outstanding character and recog- MOTERS. ‘‘SEC. 14. MEDICAL REGISTRY. nized integrity; Section 13 (15 U.S.C. 6307e) is amended— ‘‘(a) IN GENERAL.—The Administration, in ‘‘(C) is selected on the basis of training, expe- (1) by striking so much of subsection (a) as consultation with the Association of Boxing rience, and qualifications and without regard to precedes paragraph (1) and inserting the fol- Commissions, shall establish and maintain, or political party affiliation; and lowing: certify a third party entity to establish and ‘‘(D) is a United States citizen. ‘‘(a) DISCLOSURES TO BOXING COMMISSIONS maintain, a medical registry that contains com- ‘‘(3) COMPENSATION.—Section 5315 of title 5, AND ADMINISTRATION.—Within 7 days after a prehensive medical records and medical denials United States Code, is amended by adding at the professional boxing match of 10 rounds or more, or suspensions for every licensed boxer. end the following: the promoter of any boxer participating in that ‘‘(b) CONTENT; SUBMISSION.—The Administra- ‘‘The Administrator of the United States Box- match shall provide to the Administration, and, tion shall determine— ing Administration.’’. if requested, to the boxing commission in the ‘‘(1) the nature of medical records and medical ‘‘(4) TERM OF OFFICE.—The Administrator State or on Indian land responsible for regu- suspensions of a boxer that are to be forwarded shall serve for a term of 4 years. lating the match—’’; to the medical registry; and ‘‘(c) ASSISTANT ADMINISTRATOR; GENERAL (2) by striking ‘‘writing,’’ in subsection (a)(1) ‘‘(2) the time within which the medical records COUNSEL.—The Administration shall have an and inserting ‘‘writing, other than a bout agree- and medical suspensions are to be submitted to Assistant Administrator and a General Counsel, ment previously provided to the commission,’’; the medical registry. each of whom shall be appointed by the Admin- (3) by striking ‘‘all fees, charges, and expenses ‘‘(c) CONFIDENTIALITY.—The Administration istrator. The Assistant Administrator shall— that will be’’ in subsection (a)(3)(A) and insert- shall establish confidentiality standards for the ‘‘(1) serve as Administrator in the absence of ing ‘‘a statement of all fees, charges, and ex- disclosure of personally identifiable information the Administrator, in the event of the inability penses that have been, or will be,’’; to boxing commissions that will— of the Administrator to carry out the functions (4) by inserting ‘‘a statement of’’ before ‘‘all’’ ‘‘(1) protect the health and safety of boxers by of the Administrator, or in the event of a vain subsection (a)(3)(B); making relevant information available to the cancy in that office; and (5) by inserting ‘‘a statement of’’ before ‘‘any’’ boxing commissions for use but not public disclo- ‘‘(2) carry out such duties as the Adminis- in subsection (a)(3)(C); sure; and trator may assign. (6) by striking the matter in subsection (b) fol- ‘‘(2) ensure that the privacy of the boxers is ‘‘(d) STAFF.—The Administration shall have lowing ‘‘BOXER.—’’ and preceding paragraph protected.’’. such additional staff as may be necessary to (1) and inserting ‘‘Within 7 days after a profes- SEC. 17. CONFLICTS OF INTEREST. carry out the functions of the Administration. sional boxing match of 10 rounds or more, the Section 17(a) (15 U.S.C. 6308(a)) is amended— ‘‘SEC. 203. FUNCTIONS. promoter of the match shall provide to each (1) by striking ‘‘enforces State’’ and inserting ‘‘(a) PRIMARY FUNCTIONS.—The primary func- boxer participating in the match with whom the ‘‘enforces State or Tribal’’; tions of the Administration are—

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 4624 Sfmt 6333 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3507 ‘‘(1) to protect the health, safety, and general ‘‘(i) establish application procedures, forms, ‘‘(C) the suspension or revocation is necessary interests of boxers consistent with the provisions and fees; for the protection of health and safety or is oth- of this Act; and ‘‘(ii) establish and publish appropriate stand- erwise in the public interest. ‘‘(2) to ensure uniformity, fairness, and integ- ards for licenses granted under this section; and ‘‘(2) PERIOD OF SUSPENSION.— rity in professional boxing. ‘‘(iii) issue a license to any person who, as de- ‘‘(A) IN GENERAL.—A suspension of a license ‘‘(b) SPECIFIC FUNCTIONS.—The Administrator termined by the Administration, meets the under this section shall be effective for a period shall— standards established by the Administration determined appropriate by the Administration ‘‘(1) administer title I of this Act; under this title. except as provided in subparagraph (B). ‘‘(2) promulgate uniform standards for profes- ‘‘(B) DURATION.—A license issued under this ‘‘(B) SUSPENSION FOR MEDICAL REASONS.—In sional boxing in consultation with the boxing section shall be for a renewable— the case of a suspension or denial of the license commissions of the several States and tribal or- ‘‘(i) 4-year term for a boxer; and of a boxer for medical reasons by the Adminis- ganizations; ‘‘(ii) 2-year term for any other person. tration, the Administration may terminate the ‘‘(3) except as otherwise determined by the ‘‘(C) PROCEDURE.—The Administration may suspension or denial at any time that a physi- Administration, oversee all professional boxing issue a license under this paragraph through cian certifies that the boxer is fit to participate matches in the United States; local boxing authorities or in a manner deter- in a professional boxing match. The Administra- ‘‘(4) work with the boxing commissions of the mined by the Administration. tion shall prescribe the standards and proce- several States and tribal organizations— ‘‘(b) LICENSING FEES.— dures for accepting certifications under this sub- ‘‘(A) to improve the safety, integrity, and pro- ‘‘(1) AUTHORITY.—The Administration may paragraph. ERIOD OF REVOCATION.—In the case of a fessionalism of professional boxing in the United prescribe and charge reasonable fees for the li- ‘‘(3) P revocation of the license of a boxer, the revoca- States; censing of persons under this title. The Adminis- tion shall be for a period of not less than 1 year. ‘‘(B) to enhance physical, medical, financial, tration may set, charge, and adjust varying fees and other safeguards established for the protec- ‘‘(b) INVESTIGATIONS AND INJUNCTIONS.— on the basis of classifications of persons, func- ‘‘(1) AUTHORITY.—The Administration may— tion of professional boxers; and tions, and events determined appropriate by the ‘‘(A) conduct any investigation that it con- ‘‘(C) to improve the status and standards of Administration. siders necessary to determine whether any per- professional boxing in the United States; ‘‘(2) LIMITATIONS.—In setting and charging son has violated, or is about to violate, any pro- ‘‘(5) ensure, through the Attorney General, fees under paragraph (1), the Administration vision of this Act or any regulation prescribed the chief law enforcement officer of the several shall ensure that, to the maximum extent prac- under this Act; States, and other appropriate officers and agen- ticable— ‘‘(B) require or permit any person to file with cies of Federal, State, and local government, ‘‘(A) club boxing is not adversely effected; it a statement in writing, under oath or other- that Federal and State laws applicable to pro- ‘‘(B) sanctioning organizations and promoters wise as the Administration shall determine, as to fessional boxing matches in the United States pay the largest portion of the fees; and all the facts and circumstances concerning the are vigorously, effectively, and fairly enforced; ‘‘(C) boxers pay as small a portion of the fees matter to be investigated; ‘‘(6) review local boxing authority regulations as is possible. ‘‘(C) in its discretion, publish information for professional boxing and provide assistance ‘‘(3) COLLECTION.—Fees established under this concerning any violations; and to such authorities in meeting minimum stand- subsection may be collected through local boxing ‘‘(D) investigate any facts, conditions, prac- ards prescribed by the Administration under this authorities or by any other means determined tices, or matters to aid in the enforcement of the title; appropriate by the Administration. provisions of this Act, in the prescribing of regu- ‘‘(7) serve as the coordinating body for all ef- ‘‘SEC. 205. NATIONAL REGISTRY OF BOXING PER- lations under this Act, or in securing informa- forts in the United States to establish and main- SONNEL. tion to serve as a basis for recommending legis- tain uniform minimum health and safety stand- ‘‘(a) REQUIREMENT FOR REGISTRY.—The Ad- lation concerning the matters to which this Act ards for professional boxing; ministration, in consultation with the Associa- relates. ‘‘(8) if the Administrator determines it to be tion of Boxing Commissions, shall establish and ‘‘(2) POWERS.— ‘‘(A) IN GENERAL.—For the purpose of any inappropriate, publish a newspaper, magazine, or maintain (or authorize a third party to establish vestigation under paragraph (1), or any other other publication and establish and maintain a and maintain) a unified national computerized proceeding under this Act, any officer des- website consistent with the purposes of the Ad- registry for the collection, storage, and retrieval ignated by the Administration may administer ministration; of information related to the performance of its oaths and affirmations, subpoena or otherwise ‘‘(9) procure the temporary and intermittent duties. services of experts and consultants to the extent compel the attendance of witnesses, take evi- ‘‘(b) CONTENTS.—The information in the reg- dence, and require the production of any books, authorized by section 3109(b) of title 5, United istry shall include the following: States Code, at rates the Administration deter- papers, correspondence, memorandums, or other ‘‘(1) BOXERS.—A list of professional boxers records which the Administration considers rel- mines to be reasonable; and and data in the medical registry established ‘‘(10) promulgate rules, regulations, and guid- evant or material to the inquiry. under section 114 of this Act, which the Admin- ‘‘(B) WITNESSES AND EVIDENCE.—The attendance, and take any other action necessary and istration shall secure from disclosure in accord- proper to accomplish the purposes of, and con- ance of witnesses and the production of any ance with the confidentiality requirements of documents under subparagraph (A) may be re- sistent with, the provisions of this title. section 114(c). ‘‘(c) PROHIBITIONS.—The Administration may quired from any place in the United States, in- ‘‘(2) OTHER PERSONNEL.—Information (perti- not— cluding Indian land, at any designated place of nent to the sport of professional boxing) on box- ‘‘(1) promote boxing events or rank profes- hearing. ing promoters, boxing matchmakers, boxing sional boxers; or ‘‘(3) ENFORCEMENT OF SUBPOENAS.— managers, trainers, cut men, referees, boxing ‘‘(2) provide technical assistance to, or au- ‘‘(A) CIVIL ACTION.—In case of contumacy by, judges, physicians, and any other personnel de- thorize the use of the name of the Administra- or refusal to obey a subpoena issued to, any per- termined by the Administration as performing a tion by, boxing commissions that do not comply son, the Administration may file an action in professional activity for professional boxing with requirements of the Administration. any district court of the United States within matches. the jurisdiction of which an investigation or ‘‘(d) USE OF NAME.—The Administration shall have the exclusive right to use the name ‘United ‘‘SEC. 206. CONSULTATION REQUIREMENTS. proceeding is carried out, or where that person States Boxing Administration’. Any person who, ‘‘The Administration shall consult with local resides or carries on business, to enforce the at- without the permission of the Administration, boxing authorities— tendance and testimony of witnesses and the production of books, papers, correspondence, uses that name or any other exclusive name, ‘‘(1) before prescribing any regulation or es- memorandums, and other records. The court trademark, emblem, symbol, or insignia of the tablishing any standard under the provisions of may issue an order requiring the person to ap- Administration for the purpose of inducing the this title; and pear before the Administration to produce sale or exchange of any goods or services, or to ‘‘(2) not less than once each year regarding records, if so ordered, or to give testimony con- promote any exhibition, performance, or sport- matters relating to professional boxing. cerning the matter under investigation or in ing event, shall be subject to suit in a civil ac- ‘‘SEC. 207. MISCONDUCT. question. USPENSION AND EVOCATION OF ICENSE tion by the Administration for the remedies pro- ‘‘(a) S R L ‘‘(B) FAILURE TO OBEY.—Any failure to obey vided in the Act of July 5, 1946 (commonly OR REGISTRATION.— an order issued by a court under subparagraph known as the ‘Trademark Act of 1946’; 15 U.S.C. ‘‘(1) AUTHORITY.—The Administration may, (A) may be punished as contempt of that court. 1051 et seq.). after notice and opportunity for a hearing, sus- ‘‘(C) PROCESS.—All process in any contempt ‘‘SEC. 204. LICENSING AND REGISTRATION OF pend or revoke any license issued under this case under subparagraph (A) may be served in BOXING PERSONNEL. title if the Administration finds that— the judicial district in which the person is an in- ‘‘(a) LICENSING.— ‘‘(A) the licensee has violated any provision of habitant or in which the person may be found. ‘‘(1) REQUIREMENT FOR LICENSE.—No person this Act; ‘‘(4) EVIDENCE OF CRIMINAL MISCONDUCT.— may compete in a professional boxing match or ‘‘(B) there are reasonable grounds for belief ‘‘(A) IN GENERAL.—No person may be excused serve as a boxing manager, boxing promoter, or that a standard prescribed by the Administra- from attending and testifying or from producing sanctioning organization for a professional box- tion under this title is not being met, or that books, papers, contracts, agreements, and other ing match except as provided in a license grant- bribery, collusion, intentional losing, racket- records and documents before the Administra- ed to that person under this subsection. eering, extortion, or the use of unlawful threats, tion, in obedience to the subpoena of the Admin- ‘‘(2) APPLICATION AND TERM.— coercion, or intimidation have occurred in con- istration, or in any cause or proceeding insti- ‘‘(A) IN GENERAL.—The Administration shall— nection with a license; or tuted by the Administration, on the ground that

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 4624 Sfmt 6333 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3508 CONGRESSIONAL RECORD — SENATE March 31, 2004 the testimony or evidence, documentary or oth- Transportation and the House of Representa- ‘‘Sec. 118. Relationship with State or Tribal erwise, required of that person may tend to in- tives Committee on Commerce each year. The law. criminate the person or subject the person to a annual report shall include— ‘‘TITLE II—UNITED STATES BOXING penalty or forfeiture. ‘‘(1) a detailed discussion of the activities of ADMINISTRATION ‘‘(B) LIMITED IMMUNITY.—No individual may the Administration for the year covered by the ‘‘Sec. 201. Purpose. be prosecuted or subject to any penalty or for- report; and ‘‘Sec. 202. Establishment of United States Box- feiture for, or on account of, any transaction, ‘‘(2) an overview of the licensing and enforce- ing Administration. matter, or thing concerning the matter about ment activities of the State and tribal organiza- ‘‘Sec. 203. Functions. which that individual is compelled, after having tion boxing commissions. ‘‘Sec. 204. Licensing and registration of boxing claimed a privilege against self-incrimination, to ‘‘(b) PUBLIC REPORT.—The Administration personnel. testify or produce evidence, documentary or oth- shall annually issue and publicize a report of ‘‘Sec. 205. National registry of boxing per- erwise, except that the individual so testifying the Administration on the progress made at Fed- sonnel. shall not be exempt from prosecution and pun- eral and State levels and on Indian lands in the ‘‘Sec. 206. Consultation requirements. ishment for perjury committed in so testifying. reform of professional boxing, which shall in- ‘‘Sec. 207. Misconduct. ‘‘(5) INJUNCTIVE RELIEF.—If the Administra- clude comments on issues of continuing concern ‘‘Sec. 208. Noninterference with local boxing tion determines that any person is engaged or to the Administration. authorities. about to engage in any act or practice that con- ‘‘(c) FIRST ANNUAL REPORT ON THE ADMINIS- ‘‘Sec. 209. Assistance from other agencies. stitutes a violation of any provision of this Act, TRATION.—The first annual report under this ‘‘Sec. 210. Reports. or of any regulation prescribed under this Act, title shall be submitted not later than 2 years ‘‘Sec. 211. Initial implementation. the Administration may bring an action in the after the effective date of this title. ‘‘Sec. 212. Authorization of appropriations.’’; appropriate district court of the United States, ‘‘SEC. 211. INITIAL IMPLEMENTATION. (B) by inserting before section 3 the following: the United States District Court for the District ‘‘(a) TEMPORARY EXEMPTION.—The require- of Columbia, or the United States courts of any ments for licensing under this title do not apply ‘‘TITLE I—PROFESSIONAL BOXING territory or other place subject to the jurisdic- to a person for the performance of an activity as SAFETY’’; tion of the United States, to enjoin the act or a boxer, boxing judge, or referee, or the perform- (C) by redesignating sections 3, 4, 5, 6, 7, 8, 9, practice, and upon a proper showing, the court ance of any other professional activity in rela- 10, 11, 12, 13, 14, 15, 16, 17, 18, 21, and 22 as sec- shall grant without bond a permanent or tem- tion to a professional boxing match, if the per- tions 101 through 118, respectively; porary injunction or restraining order. son is licensed by a boxing commission to per- (D) by striking subsection (a) of section 113, as ‘‘(6) MANDAMUS.—Upon application of the form that activity as of the effective date of this redesignated, and inserting the following: Administration, the district courts of the United title. ‘‘(a) IN GENERAL.—Except to the extent re- States, the United States District Court for the ‘‘(b) EXPIRATION.—The exemption under sub- quired in a legal, administrative, or judicial pro- District of Columbia, and the United States section (a) with respect to a license issued by a ceeding, a boxing commission, an Attorney Gen- courts of any territory or other place subject to boxing commission expires on the earlier of— eral, or the Administration may not disclose to the jurisdiction of the United States, shall have ‘‘(A) the date on which the license expires; or the public any matter furnished by a promoter jurisdiction to issue writs of mandamus com- ‘‘(B) the date that is 2 years after the date of under section 111.’’; manding any person to comply with the provi- the enactment of the Professional Boxing (E) by striking ‘‘section 13’’ in subsection (b) sions of this Act or any order of the Administra- Amendments Act of 2003. of section 113, as redesignated, and inserting tion. ‘‘SEC. 212. AUTHORIZATION OF APPROPRIATIONS. ‘‘section 111’’; ‘‘(c) INTERVENTION IN CIVIL ACTIONS.— ‘‘(a) IN GENERAL.—There are authorized to be (F) by striking ‘‘9(b), 10, 11, 12, 13, 14, or 16,’’ ‘‘(1) IN GENERAL.—The Administration, on be- appropriated for the Administration for each fis- in paragraph (1) of section 116(b), as redesig- half of the public interest, may intervene of cal year such sums as may be necessary for the nated, and inserting ‘‘107, 108, 109, 110, 111, or right as provided under rule 24(a) of the Federal Administration to perform its functions for that 114,’’; Rules of Civil Procedure in any civil action re- fiscal year. (G) by striking ‘‘9(b), 10, 11, 12, 13, 14, or 16’’ lating to professional boxing filed in a district ‘‘(b) RECEIPTS CREDITED AS OFFSETTING COL- in paragraph (2) of section 116(b), as redesig- court of the United States. LECTIONS.—Notwithstanding section 3302 of title nated, and inserting ‘‘107, 108, 109, 110, 111, or ‘‘(2) AMICUS FILING.—The Administration may 31, United States Code, any fee collected under 114’’; file a brief in any action filed in a court of the this title— (H) by striking ‘‘section 17(a)’’ in subsection United States on behalf of the public interest in ‘‘(1) shall be credited as offsetting collections (b)(3) of section 116, as redesignated, and insert- any case relating to professional boxing. to the account that finances the activities and ing ‘‘section 115(a)’’; ‘‘(d) HEARINGS BY ADMINISTRATION.—Hearings services for which the fee is imposed; (I) by striking ‘‘section 10’’ in subsection (e)(3) conducted by the Administration under this Act ‘‘(2) shall be available for expenditure only to of section 116, as redesignated, and inserting shall be public and may be held before any offi- pay the costs of activities and services for which ‘‘section 108’’; and cer of the Administration. The Administration the fee is imposed; and (J) by striking ‘‘of this Act’’ each place it ap- shall keep appropriate records of the hearings. ‘‘(3) shall remain available until expended.’’. pears in sections 101 through 120, as redesig- ‘‘SEC. 208. NONINTERFERENCE WITH LOCAL BOX- (b) CONFORMING AMENDMENTS.— nated, and inserting ‘‘of this title’’. ING AUTHORITIES. (1) PBSA.—The Professional Boxing Safety (2) COMPENSATION OF ADMINISTRATOR.—Sec- ‘‘(a) NONINTERFERENCE.—Nothing in this Act Act of 1996, as amended by this Act, is further tion 5315 of title 5, United States Code, is prohibits any local boxing authority from exer- amended— amended by adding at the end the following: cising any of its powers, duties, or functions (A) by amending section 1 to read as follows: ‘‘The Administrator of the United States Box- with respect to the regulation or supervision of ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ing Administration.’’. professional boxing or professional boxing ‘‘(a) SHORT TITLE.—This Act may be cited as SEC. 22. EFFECTIVE DATE. matches to the extent not inconsistent with the the ‘Professional Boxing Safety Act’. (a) IN GENERAL.—Except as provided in sub- provisions of this Act. ‘‘(b) TABLE OF CONTENTS.—The table of con- section (b), the amendments made by this Act ‘‘(b) MINIMUM STANDARDS.—Nothing in this tents for this Act is as follows: shall take effect on the date of enactment of this Act prohibits any local boxing authority from ‘‘Sec. 1. Short title; table of contents. Act. enforcing local standards or requirements that ‘‘Sec. 2. Definitions. (b) 1-YEAR DELAY FOR CERTAIN TITLE II PRO- exceed the minimum standards or requirements ‘‘TITLE I—PROFESSIONAL BOXING SAFETY VISIONS.—Sections 205 through 212 of the Profes- promulgated by the Administration under this sional Boxing Safety Act of 1996, as added by ‘‘Sec. 101. Purposes. Act. section 21(a) of this Act, shall take effect 1 year ‘‘Sec. 102. Approval or sanction requirement. ‘‘SEC. 209. ASSISTANCE FROM OTHER AGENCIES. after the date of enactment of this Act. ‘‘Sec. 103. Safety standards. ‘‘Any employee of any executive department, ‘‘Sec. 104. Registration. The ACTING PRESIDENT pro tem- agency, bureau, board, commission, office, inde- ‘‘Sec. 105. Review. pendent establishment, or instrumentality may pore. The Democratic whip. ‘‘Sec. 106. Reporting. be detailed to the Administration, upon the re- Mr. REID. Mr. President, this legisla- ‘‘Sec. 107. Contract requirements. tion has been long in coming. Senator quest of the Administration, on a reimbursable ‘‘Sec. 108. Protection from coercive contracts. or nonreimbursable basis, with the consent of ‘‘Sec. 109. Sanctioning organizations. MCCAIN and I have worked on this for the appropriate authority having jurisdiction ‘‘Sec. 110. Required disclosures to State boxing months. I think it is a tremendous step over the employee. While so detailed, an em- commissions by sanctioning orga- forward. It is a perfect example of how ployee shall continue to receive the compensa- nizations. we have to cooperate with each other. tion provided pursuant to law for the employee’s ‘‘Sec. 111. Required disclosures by promoters. This is not everything that Senator regular position of employment and shall retain, ‘‘Sec. 112. Medical registry. without interruption, the rights and privileges MCCAIN wanted, it is not everything I ‘‘Sec. 113. Confidentiality. wanted, but it is legislation that now is of that employment. ‘‘Sec. 114. Judges and referees. ‘‘SEC. 210. REPORTS. ‘‘Sec. 115. Conflicts of interest. going to pass the Senate. It is some- ‘‘(a) ANNUAL REPORT.—The Administration ‘‘Sec. 116. Enforcement. thing that has been needed for some shall submit a report on its activities to the Sen- ‘‘Sec. 117. Professional boxing matches con- time. It is the Professional Boxing ate Committee on Commerce, Science, and ducted on Indian lands. Safety Act, but it also will take a very

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3509 close look at promoters, including eral Commission after either his 10th This legislation will require the those who are the networks, HBO, defeat or fifth consecutive knockout. broadcaster to make certain disclo- Showtime. It sets up a national boxing This bill creates the United States sures to the USBC similar to what pro- commission. It is important. Boxing Commission, USBC. The USBC moters must do. Broadcasters will have This is a multimillion-dollar indus- will prescribe and enforce uniform reg- to provide to the USBC statements of try, and it needs Federal oversight as a ulations for professional boxing in fees paid and owed to promoters, copies result of deaths that occur with boxers. order to protect the health and safety of all contracts, and a list of the We had a death of a person from Ne- of boxers and ensure fairness in the sources of income they receive from vada who went to Utah to fight. He had sport. While it will not supercede the broadcast of the match. been knocked out 21 times. He went to States with higher standards, like Ne- Additionally, the bill requires the Utah to fight and got knocked out vada, it will establish minimum stand- USBC to study for one year the defini- again and died. ards and conformity for all States. The tion of a promoter and report back to As many of my colleagues know, I USBC will also have the ability to Congress their proposed revised defini- come to my work on boxing with a per- defer its authority to States with tion, speculatively, to include broad- spective that was formed both inside strong commissions when deemed ap- casters as appropriate. When Congress and outside the ring. Before I entered propriate. enacted the Ali Act, one of the main the political arena, I personally was a Among other things, the USBC will goals was to protect boxers from being boxer. I also worked ringside as a judge maintain a national computerized reg- unfairly treated by promoters. The Ali in hundreds of fights, in all weight istry for the collection of specific in- Act provided contractual reforms that classes, and have judged championship formation on professional boxers and prevented exploitive business practices fights. As a lawyer in private practice, boxing personnel as well as certify for that at that time allowed for coercive I also represented professional fighters. each boxing match the participating and lengthy contracts tying a fighter My State of Nevada hosts most of the boxers’ medical histories. It will re- to a promoter for years. Today, many premier boxing matches in the world. quire sites to have both an ambulance fighters are entering into promotional Nevada’s state-of-the-art resorts pro- and emergency medical personnel with agreements directly with the broad- resuscitation equipment continuously vide fight venues that are unmatched caster. Thus, in order to really give the present. There are some places today in any other part of the world, and Ne- Ali Act any weight, it is necessary that that have only one ambulance. Once a vadans take great pride in the histor- those who are conducting the business boxer is hurt, and the ambulance takes ical role the State has played in box- of a promoter comply with the regula- him away, there is no remaining per- ing. The Nevada State Athletic com- tions set forth in the Ali Act. The sonnel or equipment for the other mission is the most respected boxing broadcasters should not evade the re- fights on the card. This poses unneces- commission in the world. It has led our strictions placed on promoters by the sary and sometimes fatal risks to box- country and the world in implementing Ali Act simply by slipping through ers and ring personnel. The USBC will some technical loopholes. terms of boxing safety and ethical also review plans submitted by all The USBC should focus on two par- treatment of fighters, promoters, and State athletic commissions for uni- ticular issues when making this impor- ringside personnel. Nevada’s commis- formity. sion, under the outstanding direction This uniformity will discontinue the tant promoters decision. Both, I be- of Marc Ratner, serves as a model for a use of forum shopping that we wit- lieve, strongly suggest that broad- national commission and has guided nessed in 2002 with the Mike Tyson v. casters be included in the promoter my work on this legislation. Lennox Lewis fight. That fight was definition. First, it should examine the Is there a need for the establishment originally scheduled to take place in situation that exists when a broad- of a national commission patterned Las Vegas, but the Nevada State Ath- caster or network hires another indi- after Nevada’s commission to regulate letic Commission declined to grant vidual or entity as the per se ‘‘pro- boxing throughout the United States? Tyson a license to fight because of his moter’’ to stage a boxing event. While The answer is a yes. violent behavior, both inside and out- the broadcaster pays this local pro- Last July, a boxer named Brad Rone side the ring. The Association of Box- moter a fee, the broadcaster contracts fought in Utah and died at the age of ing Commissions, ABC, recommended to retain the boxer’s rights to the 35. While Brad lived in Las Vegas, he that other State commissions honor fight, for example, the right to sell, had been banned from fighting in Ne- Nevada’s decision not to let Tyson distribute, exhibit, or license the vada for more than three years. The fight. However, the ABC acts only as a match or in some cases several Nevada Commission felt that he was at quasi-federal agency and has no en- matches, and retains the right to risk of getting seriously injured every forcement authority. Obviously, the choose dates, sites, and opponents. In time he stepped into the ring. Unfortu- ABC’s recommendation was ignored, as this scenario, the broadcaster is really nately, this ban didn’t prevent him Tyson was permitted to fight Lewis in acting as a de facto promoter and from fighting in other States. So de- Tennessee. should be subject to the regulations spite the fact that he lost 26 consecu- Another important problem this leg- and disclosure requirements imposed tive fights, Brad was allowed to step islation begins to remedy is broad- by the Ali Act. However, since the into the ring in Utah to fight Billy casters acting as de facto fight pro- local promoter is contractually Zumbrun. After only one uneventful moters. Broadcasters who effectively charged with complying with federal round of what was to be an eight-round operate as promoters ought to be held and state laws, he is the only one re- fight, Brad passed out and died. He to the same standards and scrutiny as quired under current law to file finan- wasn’t knocked out. He was hit once traditional promoters. They should be cial disclosures with the boxer. The and started to walk away and col- regulated in the same manner. This is broadcaster who hires this local pro- lapsed. An autopsy later revealed that only fair. Many broadcasters control moter does not have to disclose to the Brad technically died of a heart attack, when the fighters fight, who they fight, fighter how much the broadcaster is but many acknowledge that the con- where they fight, and how much they earning for the fight. Since conven- tinual physical abuse inside the ring are paid. This is the role of the pro- tional promoters determine when a contributed to his untimely death. moter, and the media companies are fighter fights, where he fights, who he Unfortunately, the rules governing acting as the fighters’ de facto pro- fights and how much he is paid, the professional boxing and the enforce- moters. However, despite the fact that broadcaster is doing all the work of a ment of those rules vary widely among these companies are acting as pro- promoter yet circumventing the re- States. This legislation today will help moters, they are not regulated by box- quirements of the Ali Act. It is the avoid future tragedies like Brad’s, and ing commissions. While traditional fighter who is left in the dark. ensure a vibrant future for the sport of promoters are regulated under the Mu- This situation I have described is il- boxing and the Nation’s boxers. If this hammad Ali Boxing Reform Act, Ali lustrated by the roles of HBO and legislation had been enacted before Act, and State athletic commission Showtime in the Lennox Lewis vs. Brad’s death, it would have required laws, the media companies have been Mike Tyson fight. Lewis was under that his fights be approved by a Fed- virtually free from regulation. contract to HBO and Tyson was under

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3510 CONGRESSIONAL RECORD — SENATE March 31, 2004 contract to Showtime. These two on a promoter under the Ali Act and Reserve of the Army to the grades indicated media companies signed an agreement thereafter including them within the under title 10, U.S.C., Section 12203: to promote the Lewis/Tyson fight and a definition of a promoter, the USBC will To be major general possible rematch. However, neither protect the fighter from exploitive Brigadier General James J. Bisson, 0000 HBO nor Showtime was required to file business practices, regardless of the Brigadier General Ronald G. Crowder, 0000 their agreements with the two fighters source. Brigadier General William W. Goodwin, 0000 or with a State athletic commission It is envisioned that the commission Brigadier General Michael A. Gorman, 0000 since they are not technically ‘‘pro- created under this legislation, the Brigadier General Robert G.F. Lee, 0000 moters’’ under the Ali Act. Instead, USBC, will monitor the boxing world, NOMINATIONS PLACED ON THE SECRETARY’S they hired a local promoter to ‘‘stage’’ creating an environment that will en- DESK the fight, and because the local pro- able both the sport and its participants IN THE AIR FORCE moter was not a party to the master to thrive. I am proud of the work that PN1395 Air Force nomination of Arthur R. Homer, which was received by the Senate agreements for the fight, those agree- Senator MCCAIN and I have done to ments may have never been filed with and appeared in the Congressional Record of help in the reform of this great sport. February 26, 2004. the commission. Furthermore, the dis- Mr. FRIST. Mr. President, I ask PN1396 Air Force nomination of William R. closures under the Ali Act which re- unanimous consent that the McCain Kent, III, which was received by the Senate quire a promoter to inform the fighters substitute be agreed to; the committee and appeared in the Congressional Record of how much revenue is to be earned by it substitute, as amended, be agreed to; February 26, 2004. from the event may not necessarily the bill, as amended, be read a third PN1397 Air Force nomination of Lori J. have been provided since the ‘‘pro- time and passed; the motion to recon- Fink, which was received by the Senate and moter’’ was only being paid a fee to sider be laid upon the table; and that appeared in the Congressional Record of Feb- stage the fight. Oftentimes, the ruary 26, 2004. any statements relating to the bill be PN1398 Air Force nominations (2) begin- ‘‘multi-fight’’ agreements which these printed in the RECORD. ning PATRICIA K. COLLINS, and ending broadcasters have with their fighters The PRESIDING OFFICER. Without JEFFREY E. SHERWOOD, which nomina- may contain terms beyond those per- objection, it is so ordered. tions were received by the Senate and ap- mitted by law to promoters. The amendment (No. 3006) was agreed peared in the Congressional Record of Feb- The second scenario the commission to. ruary 26, 2004. should examine is where the broad- (The amendment is printed in today’s PN1399 Air Force nominations (2) beginning CHRISTOPHER D. BOYER, and ending caster contracts directly with the RECORD under ‘‘Text of Amendments.’’) MATTHEW E. COOMBS, which nominations boxer or with the boxer’s representa- The committee amendment, in the tive. By ‘‘boxer’s representative’’ I am were received by the Senate and appeared in nature of a substitute, as amended, was the Congressional Record of February 26, talking about any entity or company agreed to. 2004. that employs the boxer or to whom the The bill (S. 275), as amended, was PN1400 Air Force nomination of Richard G. boxer has transferred the rights to his read the third time and passed. Hutchison, which was received by the Senate boxing services. Even if a broadcaster f and appeared in the Congressional Record of only obtains rights to the boxer February 26, 2004. through this entity, the broadcaster EXECUTIVE SESSION PN1401 Air Force nomination of Jeffery C. should still be deemed a promoter and Sims, which was received by the Senate and appeared in the Congressional Record of Feb- be subject to the Ali Act because in es- EXECUTIVE CALENDAR ruary 26, 2004. sence, they are contracting with the Mr. FRIST. Mr. President, I ask PN1408 Air Force nominations (53) begin- boxer. Here is an example. When Tyson ning DOUGLAS R. ALFAR, and ending FI A. and Lewis fought, HBO contracted with unanimous consent that the Senate im- YI, which nominations were received by the Lion Promotions. Lion Promotions is— mediately proceed to executive session Senate and appeared in the Congressional for all practical purposes—Lewis’s to consider the following nominations Record of March 1, 2004. company, yet legally, Lewis may or on today’s Executive Calendar: Nos. PN1425 Air Force nomination of Christine may not own or be employed by Lion 596, 598, 599, 600, 601, 602, and all nomi- R. Gundel, which was received by the Senate nations on the Secretary’s desk. and appeared in the Congressional Record of Promotions. However, when HBO con- March 11, 2004. tracted with Lyon, they effectively I further ask unanimous consent that the nominations be confirmed, the mo- PN1426 Air Force nominations (3) begin- contracted with Lewis directly. Thus, ning BOIKAI B. BRAGGS, and ending the contractual protections given the tions to reconsider be laid upon the CHARLES W. FOX, which nominations were boxer in the Ali Act should apply in table, and the President be imme- received by the Senate and appeared in the this type of situation. diately notified of the Senate’s action. Congressional Record of March 11, 2004. In determining whether a broad- The ACTING PRESIDENT pro tem- PN1435 Air Force nomination of David W. caster is acting as a de facto promoter, pore. Without objection, it is so or- Puvogel, which was received by the Senate dered. and appeared in the Congressional Record of the USBC must study the contracts be- March 12, 2004. tween broadcasters and such entities The nominations considered and confirmed are as follows: PN1436 Air Force nomination of Terrance and any attached ratifications by the J. Wohlfiel, which was received by the Sen- boxer him/herself; the contracts with NOMINATIONS ate and appeared in the Congressional local promoters; the contracts between DEPARTMENT OF HOUSING AND URBAN Record of March 12, 2004. the local promoters and the boxer; and DEVELOPMENT IN THE ARMY the contracts between any involved Alphonso R. Jackson, of Texas, to be Sec- PN1166 Army nominations (338) beginning broadcasters. The USBC is also di- retary of Housing and Urban Development. DALE A. ADAMS, and ending NICHOLAS E. rected to look at the sources of income IN THE AIR FORCE ZOELLER, which nominations were received received from the broadcast of a fight The following named officer for appoint- by the Senate and appeared in the Congres- and examine the amounts received ment in the United States Air Force to the sional Record of November 21, 2003. PN1248 Army nominations (56) beginning from each of these sources. Effectively grade indicated under title 10, U.S.C., section 624: THOMAS M. BESCH, and ending ALBERT defining the role of a promoter requires M. ZACCOR, which nominations were re- To be major general looking at who is contracting with a ceived by the Senate and appeared in the boxer for the rights to the boxer’s serv- Brig. Gen. Charles C. Baldwin, 0000 Congressional Record of January 22, 2004. ice. These rights include the rights to The following named officer for appoint- PN1249 Army nominations (26) beginning sell, grant, convey, distribute, exhibit, ment in the United States Air Force to the KENNETH L. ALFORD, and ending JAMES and license the match or matches. grade indicated under title 10, U.S.C., section R. YONTS, which nominations were received Conventional promoters control the 624: by the Senate and appeared in the Congres- rights to a fighter’s boxing career and To be brigadier general sional Record of January 22, 2004. PN1250 Army nominations (46) beginning Col. Cecil R. Richardson, 0000 the right to exploit the boxer’s name THOMAS E. BAILEY, and ending DANIEL S. and image in connection with his/her IN THE ARMY ZUPAN, which nominations were received by boxing matches. By determining who is The following Army National Guard of the the Senate and appeared in the Congres- circumventing the requirements placed United States officers for appointment in the sional Record of January 22, 2004.

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3511 PN1251 Army nominations (315) beginning PN1449 Army nominations (27) beginning Agreement between the United States of EILEEN M. AHEARN, and ending x4578, JOEL R. BACHMAN, and ending SHERRY L. America and the International Atomic En- which nominations were received by the Sen- WOMACK, which nominations were received ergy Agency for the Application of Safe- ate and appeared in the Congressional by the Senate and appeared in the Congres- guards in the United States of America, with Record of January 22, 2004. sional Record of March 12, 2004. Annexes, signed at Vienna June 12, 1998 (T. PN1382 Army nomination of Gary W. PN1450 Army nominations (106) beginning Doc. 107–7) subject to the conditions in sec- Stinnett, which was received by the Senate CURTIS J. *ABERLE, and ending PAMELA tion 2 and the understandings in section 3. and appeared in the Congressional Record of M. *WULF, which nominations were received SEC. 2. CONDITIONS February 23, 2004. by the Senate and appeared in the Congres- The advice and consent of the Senate PN1383 Army nomination of James M. Ives, sional Record of March 12, 2004. under section 1 is subject to the following PN1451 Army nominations (129) beginning which was received by the Senate and ap- conditions, which shall be binding upon the GINA M. *AGRON, and ending JEFFREY V. peared in the Congressional Record of Feb- President: ruary 23, 2004. ZOTTOLA, which nominations were received (1) CERTIFICATIONS REGARDING THE NA- PN1384 Army nomination of Paul Swicord, by the Senate and appeared in the Congres- TIONAL SECURITY EXCLUSION, MANAGED AC- which was received by the Senate and ap- sional Record of March 12, 2004. CESS, AND DECLARED LOCATIONS.—Prior to the peared in the Congressional Record of Feb- PN1453 Army nominations (4) beginning deposit of the United States instrument of ruary 23, 2004. BRUCE M. FREDERICKSON, and ending PN1385 Army nomination of Stephen A. WILLIAM A. PETTY, which nominations ratification, the President shall certify to Bernstein, which was received by the Senate were received by the Senate and appeared in the appropriate congressional Committees and appeared in the Congressional Record of the Congressional Record of March 12, 2004. that, not later than 180 days after the deposit of the United States instrument of February 23, 2004. IN THE NAVY ratification— PN1386 Army nomination James R. Hud- PN1427 Navy nomination of David R. Agle, son, which was received by the Senate and (A) all necessary regulations will be pro- which was received by the Senate and ap- mulgated and will be in force regarding the appeared in the Congressional Record of Feb- peared in the Congressional Record of March ruary 23, 2004. use of the National Security Exclusion under 11, 2004. Article 1.b of the Additional Protocol, and PN1387 Army nomination of Gary J. Garay, PN1452 Navy nominations (10) beginning that such regulations shall be made in ac- which was received by the Senate and ap- HUGH B BURKE, and ending JEANINE B cordance with the principles developed for peared in the Congressional Record of Feb- WOMBLE, which nominations were received the application of the National Security Ex- ruary 23, 2004. by the Senate and appeared in the Congres- clusion; PN1388 Army nomination of John W. Ervin, sional Record of March 12, 2004. which was received by the Senate and ap- (B) the managed access provisions of Arti- peared in the Congressional Record of Feb- f cles 7 and 1.c of the Additional Protocol shall ruary 23, 2004. PROTOCOL TO THE AGREEMENT be implemented in accordance with the ap- PN1402 Army nominations (8) beginning OF THE INTERNATIONAL ATOMIC propriate and necessary inter-agency guid- FLOYD T. CURRY, and ending JEFFREY B. ance and regulation regarding such access; WHEELER, which nominations were re- ENERGY AGENCY REGARDING and ceived by the Senate and appeared in the SAFEGUARDS IN THE UNITED (C) the necessary security and counter-in- Congressional Record of February 26, 2004. STATES—TREATY DOCUMENT telligence training and preparation will have PN1403 Army nominations (19) beginning 107–7 been completed for any declared locations of JOHN E. ARMITSTEAD, and ending EU- Mr. FRIST. Mr. President, I ask direct national security significance. GENE R. WOOLRIDGE, which nominations (2) CERTIFICATION REGARDING SITE VULNER- unanimous consent that the Senate were received by the Senate and appeared in ABILITY ASSESSMENTS.—Prior to the deposit the Congressional Record of February 26, proceed to the consideration of Cal- of the United States instrument of ratifica- 2004. endar No. 16, Treaty Document No. 107– tion, the President shall certify to the appro- PN1409 Army nomination Randall J. 70, on today’s Executive Calendar. priate congressional Committees that the Vance, which was received by the Senate and I further ask that the treaty be con- necessary site vulnerability assessments re- appeared in the Congressional Record of sidered as having passed through its garding activities, locations, and informa- March 1, 2004. various parliamentary stages up to and tion of direct national security significance PN1410 Army nomination of Craig M. including the presentation of the reso- to the United States will be completed not Doane, which was received by the Senate and lution of ratification; further, that the later than 180 days after the deposit of the appeared in the Congressional Record of United States instrument of ratification for March 1, 2004. committee conditions and under- the initial United States declaration to the PN1441 Army nomination of Carol A. standings be agreed to, that any state- International Atomic Energy Agency (in this Cullinan, which was received by the Senate ments be printed in the CONGRESSIONAL resolution referred to as the ‘‘Agency’’) and appeared in the Congressional Record of RECORD as if read, and that the Senate under the Additional Protocol. March 12, 2004. immediately proceed to a vote on the SEC. 3. UNDERSTANDINGS. PN1442 Army nomination of Christopher B. The advice and consent of the Senate Soltis, which was received by the Senate and resolution of ratification; further, that under section 1 is subject to the following appeared in the Congressional Record of when the resolution of ratification is understandings: March 12, 2004. voted upon, the motion to reconsider PN1443 Army nominations (2) beginning be laid upon the table, the President be (1) IMPLEMENTATION OF ADDITIONAL PRO- TOCOL.—Implemenation of the Additional JEFFREY A. TONG, and ending TIMOTHY notified of the Senate’s action, and M. WARD, which nominations were received Protocol will conform to the principles set that following the disposition of the forth in the letter of April 30, 2002, from the by the Senate and appeared in the Congres- treaty, the Senate return to legislative sional Record of March 12, 2004. United States Permanent Representatives to PN1444 Army nominations (2) beginning session. the International Atomic Energy Agency JAMES M. GAUDIO, and ending BEVERLY The PRESIDING OFFICER. Is there and the Vienna Office of the United Nations A. HERARD, which nominations were re- objection? to the Director General of the International ceived by the Senate and appeared in the Without objection, it is so ordered. Atomic Energy Agency. Congressional Record of March 12, 2004. The treaty will be considered to have (2) NOTIFICATION TO CONGRESS OF ADDED AND PN1445 Army nominations (2) beginning passed through the various parliamen- DELETED LOCATIONS.— MICHAEL J. HARRIS, and ending ROBERT tary stages up to and including the (A) ADDED LOCATIONS.—The President shall L. LEGG, which nominations were received notify the appropriate congressional Com- presentation of the resolution of ratifi- mittees in advance of declaring to the Agen- by the Senate and appeared in the Congres- cation. sional Record of March 12, 2004. cy any addition to the lists of locations PN1446 Army nominations (2) beginning The resolution of ratification reads within the United States pursuant to Article DAVID N. AYCOCK, and ending DAVID E. as follows: 2.a(i), Article 2.a.(iv), Article 2.a.(v), Article LINDBERG, which nominations were re- [(Treaty Doc. 107–7) The Protocol to the 2.a.(vi)(a), Article 2.a.(vii), Article 2.a.(viii), ceived by the Senate and appeared in the Agreement of the International Atomic and Article 2.b.(i) of the Additional Protocol, Congressional Record of March 12, 2004. Energy Agency Regarding Safeguards in together with a certification that such addi- PN1447 Army nomination of Michael T. the United States, with 2 conditions and 8 tion will not adversely affect the national se- Lawhorn, which was received by the Senate understandings;] curity of the United States. During the ensu- and appeared in the Congressional Record of Resolved (two-thirds of the Senators present ing 60 days, Congress may disapprove an ad- March 12, 2004. concurring therein), dition to the lists by joint resolution for rea- PN1448 Army nominations (20) beginning SECTION 1. SENATE ADVICE AND CONSENT SUB- sons of direct national security significance, DERRON A. ALVES, and ending ALISA R. JECT TO CONDITIONS AND UNDER- under procedures identical to those provided WILMA, which nominations were received by STANDINGS. for the consideration of resolutions under the Senate and appeared in the Congres- The Senate advises and consents to the section 130 of the Atomic Energy Act of 1954 sional Record of March 12, 2004. ratification of the Protocol Additional to the (42 U.S.C. 2159).

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3512 CONGRESSIONAL RECORD — SENATE March 31, 2004 (B) DELETED LOCATIONS.—The President (B) Notification of additional subsidiary and enrichment technologies. To en- shall notify the appropriate congressional arrangements and amendments.—The Presi- sure that materials and technologies Committees of any deletion from the lists of dent shall notify the appropriate congres- are devoted only to peaceful uses, it is locations within the United States pre- sional Committees not later than 30 days in the interest of the United States viously declared to the Agency pursuant to after— Article 2.a.(i), Article 2.a.(iv), Article 2.a.(v), (i) agreeing to any subsidiary arrangement that the IAEA have the power to con- Article 2.a.(vi)(a), Article 2.a.(vii), Article with the Agency under Article 13 of the Ad- duct intrusive inspections and verify 2.a.(viii), and Article 2.b.(i) of the Additional ditional Protocol; and imports and exports of sensitive mate- Protocol that is due to such location having (ii) the adoption by the Agency Board of rials and equipment in states suspected a direct national security significance, to- Governors of any amendment to its Annexes of diverting resources to a weapons gether with an explanation of such deletion, under Article 16.b. program. The Additional Protocol, as soon as possible prior to providing the (8) AMENDMENTS.—Amendments to the Ad- when universally ratified and imple- ditional Protocol will take effect for the Agency information regarding such deletion. mented by all member states of the (3) PROTECTION OF CLASSIFIED INFORMA- United States in accordance with the re- TION.—The Additional Protocol will not be quirements of the United States Constitu- IAEA, will not solve all of our pro- construed to require the provision, in any tion as the United States determines them. liferation problems, but Senate ratifi- manner, to the Agency of ‘‘Restricted Data’’ SEC. 4. DEFINITIONS. cation will further ensure that U.S. ef- controlled by the provisions of the Atomic In this resolution: forts to persuade all member states to Energy Act of 1954. (1) ADDITIONAL PROTOCOL.—The term ‘‘Ad- adopt the Additional Protocol will be (4) PROTECTION OF CONFIDENTIAL INFORMA- ditional Protocol’’ means the Protocol Addi- supported by concrete U.S. action. TION.—Should the President make a deter- tional to the Agreement between the United When the NPT was constructed, in mination that persuasive information is States and the International Atomic Energy order to gain its acceptance by states available indicating that— Agency for the Application of Safeguards in without weapons or complete fuel cy- (A) an officer or employee of the Agency the United States of America, with Annexes has willfully published, divulged, disclosed, and a Subsidiary Agreement, signed at Vi- cles, the world allowed for peaceful or made known in any manner or to any ex- enna June 12, 1998 (T. Doc. 107–7). uses of the atom by states who tent contrary to the Agreement between the (2) APPROPRIATE CONGRESSIONAL COMMIT- forswore weapons. This was an out- United States of America and the Inter- TEES.—The term ‘‘appropriate congressional growth of the U.S. ‘‘Atoms for Peace national Atomic Energy Agency for the Ap- committees’’ means the Committee on For- Program.’’ Thus, Article IV of the NPT plication of Safeguards in the United States eign Relations and the Committee on Armed states: of America and the Additional Protocol, any Services of the Senate and the Committee on Nothing in this Treaty shall be interpreted United States confidential business informa- International Relations and the Committee as affecting the inalienable right of all the tion coming to him or her in the course of on Armed Services of the House of Rep- Parties to the Treaty to develop research, his or her official duties relating to the im- resentatives. production and use of nuclear energy for plementation of the Additional Protocol, or (3) NUCLEAR NON-PROLIFERATION TREATY.— by reason of any examination or investiga- The term ‘‘Nuclear Non-Proliferation Trea- peaceful purposes without discrimination tion of any return, report, or record made to ty’’ means the Treaty on the Non-Prolifera- and in conformity with Articles I and II of or filed with the Agency, or any officer or tion of Nuclear Weapons, done at Wash- this Treaty. employee thereof, in relation to the Addi- ington, London, and Moscow July 1, 1968, and Those last words, ‘‘in conformity tional Protocol; and entered into force March 5, 1970. with Article I and II of this Treaty,’’ (B) such practice or disclosure has resulted Mr. LUGAR. Mr. President, today the are key in our consideration of the Ad- in financial losses or damages to a United Senate considers the Additional Pro- ditional Protocol. Non-Nuclear Weapon States person; tocol to the Agreement between the States under Article II of the NPT are the President shall, not later than 30 days United States and the International obliged not to undertake any steps to- after the receipt of such information by the Atomic Energy Agency, IAEA, Regard- ward development of a weapon, and in executive branch of the United States Gov- ing Safeguards in the United States. ernment, notify the appropriate congres- so doing, secure their right to peaceful sional Committees in writing of such deter- Last February, at the National De- uses of the atom; peaceful uses verified mination. fense University, President Bush called by the IAEA under safeguards. When (5) REPORT ON CONSULTATIONS ON ADOPTION on the Senate to ratify the U.S. Addi- the Committee on Foreign Relations OF ADDITIONAL PROTOCOLS IN NON-NUCLEAR tional Protocol, and today, I am reported the NPT to the Senate in 1968, WEAPON STATES.—Not later than 180 days pleased to bring this resolution of rati- it did so with some reservations con- after entry into force of the Additional Pro- fication to the floor on behalf of the cerning this safeguards system. As the tocol, and annually thereafter, the President Committee on Foreign Relations. committee report noted: shall submit to the appropriate congres- The United States signed the Addi- sional Committees a report on measures that [T]he implementation of the treaty raises have been taken or ought to be taken to tional Protocol in Vienna on June 12, uncertainties. The reliability and thereby achieve the adoption of additional protocols 1998, and President Bush submitted it the credibility of international safeguards to existing safeguards agreements signed by to the Senate on May 9, 2002. The State systems is still to be determined. No com- non-nuclear weapon states party to the Nu- Department submitted the imple- pletely satisfactory answer was given to the clear Non-Proliferation Treaty. menting legislation to Congress on No- Committee on the effectiveness of the safe- (6) REPORT ON UNITED STATES ASSISTANCE vember 19, 2003. At the administra- guards systems envisioned under the treaty. TO THE AGENCY FOR THE PURPOSE OF ADDI- But [the Committee] is equally convinced tion’s request, I introduced the imple- that when the possible problems in reaching TIONAL PROTOCOL IMPLEMENTATION AND menting legislation in the Senate last VERIFICATION OF THE OBLIGATIONS OF NON-NU- satisfactory safeguards agreements are care- CLEAR WEAPON STATES.—Not later than 180 December. fully weighed against the potential for a days after the entry into force of the Addi- Since Senate ratification of the Nu- worldwide mandatory safeguards system, the tional Protocol, and annually thereafter, the clear Non-proliferation Treaty, the comparison argues strongly for the present President shall submit to the appropriate NPT, in 1969, and our Voluntary Offer language of the treaty. congressional Committees a report detailing to accept IAEA safeguards in 1980, 188 Today, many have come to the real- the assistance provided by the United States states have now approved the NPT. The ization that the existing framework of to the Agency in order to promote the effec- NPT and the IAEA’s existing safe- the NPT, as verified by status quo safe- tive implementation of additional protocols guards agreements sufficed to forestall guards, is unable to provide adequate to safeguards agreements signed by non-nuclear weapon states party to the Nuclear nuclear weapons programs in the verification of Non-Nuclear Weapon Non-Proliferation Treaty and the world’s advanced industrial states, sev- States’ obligations and alert the world verification of the compliance of such par- eral of which were weighing the nu- community to broken commitments to ties with Agency obligations. clear option 40 years ago. Unfortu- the IAEA and under the NPT. (7) SUBSIDIARY ARRANGEMENTS AND AMEND- nately, the NPT and the IAEA’s exist- I believe that acting today to ratify MENTS.— ing safeguards agreements have been the Additional Protocol will put us (A) The subsidiary arrangement.—The Sub- insufficient to prevent the diversion of back on the right track, a track toward sidiary Arrangement to the Additional Pro- resources in Non-Nuclear Weapon complete verification and effective en- tocol between the United States and the Agency, signed at Vienna on June 12, 1998 States determined to cheat. At the forcement of Article II. contains an illustrative, rather than exhaus- same time, we have witnessed an in- In 2003, the international community tive, list of accepted United States managed crease in the global availability of nu- was confronted with two cases involv- access measures. clear weapons materials, reprocessing ing declared Non-Nuclear Weapon

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3513 States violating their commitments civilian nuclear power industry, could contained in it. It is a first step toward under the NPT by pursuing nuclear accept IAEA safeguards. realization of the objectives set forth weapon programs. The Additional Protocol seeks to fill by President Bush last February. Iran’s clandestine drive toward a nu- holes in the existing patchwork of dec- I urge my colleagues to support the clear weapons capability was partly ex- larations and inspections. It will re- committee’s resolution of ratification posed by an Iranian resistance group quire the declaration of many locations and to ratify the Additional Protocol. and confirmed by the IAEA. Then, Ger- and activities to the IAEA not pre- Mr. BIDEN. Mr. President, I am very many, France, and the United Kingdom viously required, and allow, with less pleased to recommend that the United concluded separate negotiations with than 24 hours’ notice, inspections of States Senate give its advice and con- Tehran in which the regime agreed to such locations. sent to ratification of the Additional abandon its uranium enrichment pro- The United States, as a declared Nu- Safeguards Protocol between the gram and to cease all efforts to pursue clear Weapon State party to the NPT, United States and the International nuclear weapons. Iran signed an Addi- may exclude the application of IAEA Atomic Energy Agency, the IAEA. tional Protocol with the IAEA last De- safeguards on its activities. Under the Ratification of the Additional Protocol cember. In January, Iranian Foreign Additional Protocol, the United States will make a real contribution to U.S. Minister Kharrazi appeared to hedge on also has the right to exclude activities nuclear non-proliferation efforts, and it Iran’s commitment by suggesting that and sites of direct national security will do so without putting at risk any Tehran had agreed ‘‘to the suspension, significance in accordance with its Na- sensitive national security informa- not stopping, of the uranium enrich- tional Security Exclusion contained in tion. ment process.’’ Then, last February, in Article 1.b. This provision is crucial to As my colleagues surely know, the his latest report on Iran, IAEA Direc- U.S. acceptance of the Additional Pro- Additional Protocol is an outgrowth of tor General ElBaradei noted that in- tocol and provides the basis for the the world’s discovery in 1991 that Iraq spectors had found in Iran technical de- protection of U.S. nuclear weapons-re- had come perilously close to devel- signs for so-called ‘‘P–2’’ centrifuges lated activities, sites, and materials as oping a nuclear weapon, without the similar to those the Agency discovered a declared nuclear power. IAEA realizing it. One reason for Iraq’s in Libya, designs not declared to the The Additional Protocol does not near-success was that the IAEA was al- IAEA. Iran has also failed to declare a contain any new arms control or disar- lowed to inspect only those facilities pilot uranium enrichment facility, im- mament obligations for the United that Iraq declared to it. If a uranium portation of many nuclear fuel cycle States. Although there are increased enrichment facility was across the hall components, and experiments with plu- rights granted to the IAEA for the con- from a declared facility—and in some tonium separation. duct of inspections in the United cases it was about that bad—the IAEA Lastly, with regard to Iran, there are States, the administration has assured had no mandate to inspect it. We, the extremely disturbing press accounts of the Committee on Foreign Relations world, and the IAEA itself realized that inspectors finding traces of highly en- that the likelihood of an inspection oc- a revised safeguards regime was need- riched Uranium-235, which could have curring in the United States is very ed. but one use, in a nuclear weapon. The low. Nevertheless, should an inspection The Additional Protocol that was de- United States has made no secret of under the Additional Protocol be deter- veloped to address this concern re- our view that Iran is developing nu- mined to be potentially harmful to quires a signatory to provide yearly re- clear weapons. U.S. national security, the United ports covering more nuclear facilities In Libya, we witnessed an important States has the right, through the Na- than those included in the declarations nonproliferation success. Following in- tional Security Exclusion, to prevent required by the so-called ‘‘comprehen- tense negotiations with the Bush ad- the inspection. sive’’ safeguards agreements that have ministration and the United Kingdom, For the past 9 months, the majority defined the IAEA’s role in recent dec- Libya admitted that it had WMD pro- and minority staffs of the committee ades. It also allows the IAEA to inspect grams and agreed to abandon these ef- have been working closely with the ad- non-declared facilities, if the organiza- forts and work with international trea- ministration to craft a resolution of tion believes that illegal nuclear ac- ty regimes to verify Libya’s commit- ratification that will gain broad sup- tivities may be taking place there. ment. I applaud President Bush and his port in the Senate. On January 29, the This is a significant expansion of IAEA team for a victory in the war against committee held a hearing with admin- inspection rights, and it’s something the proliferation of weapons of mass istration witnesses. On March 4, the that the United States rightly wants to destruction. Through our experience in resolution of ratification before the be adopted by all the non-nuclear Libya, we have learned of the extent of Senate today was approved at a com- weapons states under the Nuclear Non- the nuclear proliferation network run mittee business meeting by a vote of 19 Proliferation Treaty (the NPT). by Pakistan’s ‘‘father of the bomb,’’ to 0. I thank Senator BIDEN and his The United States, as a recognized A.Q. Khan. Similarly, we have also staff for their cooperation in this ef- nuclear weapons state under the NPT, seen the dangers posed by exports of fort. I am pleased to inform all Mem- is not required to provide information sensitive technologies by many Euro- bers that the administration fully sup- to the IAEA or to accept IAEA inspec- pean and Asian countries that contrib- ports the committee’s recommended tions. In 1967, however, when the NPT uted to Libya’s nuclear weapons pro- resolution of ratification, without was being negotiated, President Lyn- gram. It is important to note in this changes. don Baines Johnson announced that regard how the Additional Protocol in- In sum, I believe the Additional Pro- the United States would voluntarily corporates and provides for reporting tocol is necessary to further ensure ef- submit to safeguards on nuclear mate- on the Nuclear Suppliers’ Group, NSG, fective verification and enforcement of rials. He did this to assuage the con- Trigger List items in Annex II as well the Article II obligations of Non-Nu- cerns of non-nuclear weapons states as uranium mining, enrichment and re- clear Weapon States. Continued enjoy- that feared that the five nuclear weap- actor activities in Annex I. ment of Article IV rights should come ons states would otherwise enjoy an Events in Iran and Libya are impor- only with an increase in our ability to unfair commercial advantage regarding tant to our consideration of the Addi- verify compliance with obligations to their nuclear power industries. Accord- tional Protocol. In 1980, the Senate the IAEA and under the NPT. I do not ingly, a U.S.-IAEA safeguards agree- ratified the U.S. commitment to volun- believe that the Additional Protocol ment, also known as the ‘‘Voluntary tarily accept safeguards to dem- will be a burden for the United States, Offer,’’ has been in place since 1980. onstrate a firm commitment to the given that our ratification and imple- Truth be told, this Voluntary Offer is IAEA and to the NPT. As a Nuclear mentation of the Protocol does not more symbolic than real; until 1994, the Weapon State party to the NPT, the constitute a statement about U.S. ad- IAEA only applied safeguards to two United States is not required to accept herence to nonproliferation commit- commercial power reactors and two any safeguards. Our decision sent an ments, but rather as a demonstration fuel fabrication facilities in the United important message to the world: the of our continued leadership in further- States, from a list of 250 eligible facili- preeminent superpower, with a large ance of the nonproliferation objectives ties. In recent years, it has inspected

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3514 CONGRESSIONAL RECORD — SENATE March 31, 2004 only sites for which the United States IAEA, U.S. intent to use its special have yet to give our negotiators the requested inspections, like the site rights as a nuclear weapons state under authority to get down to business and where we store the highly enriched the NPT, and the adoption of sub- discuss a phased agreement under uranium we removed from Kazakhstan. sidiary arrangements or amendments which North Korea would gradually Our willingness to accept IAEA safe- under the Additional Protocol. In dismantle all its nuclear weapons and guards helped to secure the world’s short, the Committee has covered all long-range ballistic missile programs, agreement to the NPT. Similarly, our the bases to ensure that adoption of in return for various security assur- stated willingness to accept the Addi- the Additional Protocol will support ances and diplomatic or economic ben- tional Protocol was crucial to gaining our nuclear non-proliferation policy efits. So nothing significant has yet the world’s agreement, in 1995, to the without endangering sensitive national been achieved on the diplomatic front, indefinite extension of the NPT. And security information. while the clock keeps ticking on the our ratification of the Additional Pro- The resolution of ratification also nuclear weapons front. And we face the tocol will strengthen our ability to calls for annual reports on U.S. efforts risk that South Korea, a crucial player convince more non-nuclear weapons to get all the non-nuclear weapon on this issue, will develop a policy that states to sign their own additional pro- states to adopt additional protocols is at odds with ours. tocols. and on U.S. help to the IAEA to con- The situation regarding Iran is also When the Additional Protocol enters duct effective inspections. Those are difficult, although much has been into force, the United States will sub- important efforts that every member of achieved in the last year. Exposure of mit additional information on civil nu- this body should support. For all the Iran’s two decades of lying and decep- clear facilities on an annual basis and difficulties it faces in gaining access to tion regarding its nuclear activities identify additional civilian facilities, a sites of concern, the IAEA has shown a has led Iran to sign the Additional Pro- small number of which might someday real determination to get into those tocol and to permit IAEA inspections be inspected. All implementation ac- sites. Getting more states to sign and that have proven quite embarrassing to tivities under the Additional Protocol implement additional protocols will Iran. Pursuant to an agreement with will be subject to a ‘‘National Security help the IAEA to gain that access. And the foreign ministers of the United Exclusion,’’ however, that will allow once they get in, IAEA inspectors have Kingdom, France and Germany, Iran has also agreed to suspend all its ura- our Government to exclude the applica- shown a real ability to uncover infor- nium enrichment and reprocessing action of the Additional Protocol wher- mation that rogue states thought they tivities. Iran has tried to backtrack on ever it would result in ‘‘access by the had concealed. But they are vitally de- its commitments, and I personally Agency to activities with direct na- pendent upon member states—and es- have no confidence that Iran has come tional security significance to the pecially the United States—for the clean on its nuclear weapons efforts. So United States or to locations or infor- equipment and training that enable we must continue to press Iran to real- mation associated with such activi- them to know what to look for and how ize that its national interest will best ties.’’ Just as under the Voluntary to detect it in a manner that is sci- be served by rejecting nuclear weapons. Offer, the United States will retain the entifically valid, maximizes detection We must work to maintain solidarity trump card of not declaring a facility, capabilities, and preserves a chain of with our European allies, with the Rus- not submitting certain information, or custody so as to leave no doubt about sian Federation, with Japan, and with denying or halting an inspection if our the validity of their analysis. the IAEA to send the message that national security interests come into U.S. ratification of our Additional Iran’s real choice is between inter- play. If we decide to permit an IAEA Protocol is only one step among many national acceptance and world rejec- inspection, we will also have the right that are needed to make nuclear non- tion. I don’t think that Iran wants to to employ ‘‘managed access’’ to protect proliferation work. Even to bring the become another North Korea. We must national security information. (All Additional Protocol into force, we will make clear that the path of nuclear countries will have the right to use then need to enact implementing legis- weapons can lead only to such a fate, managed access to protect confidential lation; the Executive branch will then and also that the path of non-prolifera- business information; because the have to promulgate appropriate regulation will lead to a better future for United States is a recognized nuclear tions; and preparations for possible Iran and all of its people. weapons state, we will have the right IAEA inspections will have to be com- We must also work to make the to use managed access more broadly.) pleted. international nuclear non-proliferation The Senate Foreign Relations Com- In addition, the United States must regime still more effective. One ele- mittee has looked carefully at how our marshal all its foreign policy tools to ment of the NPT is a promise to non- special rights would be invoked and move states of concern away from nu- nuclear weapons states that, in return whether sensitive facilities will be pre- clear weapons and to foster further for forswearing nuclear weapons, they pared to accept an IAEA inspection if international cooperation on non-pro- will enjoy the benefits of peaceful nu- the President or the interagency proc- liferation. Some good work has been clear technology. That bargain has be- ess decides to permit that inspection. done in recent months. Libya signed an come frayed. Iran, Iraq and North We are satisfied that a Federal agency agreement with the United States and Korea have all used their ostensibly ci- with a legitimate national security the United Kingdom to give up its vilian facilities to mask covert weap- concern will have no difficulty ensur- weapons of mass destruction and long- ons programs. ing that sensitive information is pro- range ballistic missile programs. The In Iran and North Korea, we were at tected. Proliferation Security Initiative was least able to sound the alarm. Both The resolution of ratification that created and cooperating states agreed states had secret efforts to produce the Committee recommends will en- to coordinate their interdiction efforts weapons-grade plutonium and highly sure that the U.S.-IAEA Additional while adhering to international law. enriched uranium and were caught. In Protocol does not enter into force until The permanent members of the United Iraq, however, absent the Gulf War of the President certifies that all the nec- Nations Security Council agreed on a 1991, Saddam Hussein might have ob- essary regulations will be in place and draft resolution to bar proliferation to tained highly enriched uranium with- all the necessary site vulnerability as- non-state entities. out anybody realizing it. sessments will have been completed At the same time, however, much re- A smarter state, using a civilian pro- within 180 days of entry into force. (No mains to be done. For example, North gram as the rationale, could build ura- reporting to the IAEA is required until Korea continues to move toward hav- nium enrichment facilities, spent fuel 180 days after entry into force, so no ing a large enough nuclear arsenal that reprocessing cells, and the like—and inspections of newly-declared facilities it might contemplate using it, or even properly report these efforts to the would occur before then.) The resolu- selling or giving away some of its nu- IAEA. It could acquire weapons-grade tion of ratification also addresses the clear weapons or fissile material. plutonium or highly enriched uranium, protection of classified and proprietary Meanwhile, although we have engaged and place the material under IAEA information, the addition or deletion of in six-party talks that included North safeguards. In other words, it could be- locations from U.S. reports to the Korea, both we and the North Koreans come a potential nuclear weapons

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 31, 2004 CONGRESSIONAL RECORD — SENATE S3515 power without violating safeguards. The administration threatens to take then begin a period for the transaction Then it could withdraw from the NPT, another backward step on a Fissile Ma- of morning business for up to 60 min- and develop and assemble nuclear terial Cutoff Treaty. An FMCT has utes, with the first 30 minutes under weapons in a short time. been a U.S. objective for eight years, the control of the Democratic leader or That’s the challenge we need to ad- and this administration castigated his designee and the final 30 minutes dress. How do we counter not just other countries for preventing negotia- under the control of the majority lead- states that do things in a ham-handed tions from starting. Now that there is er or his designee. I further ask unani- manner, but states that skillfully ex- a chance of success, however, the ad- mous consent that following the 60 ploit the loopholes of the NPT? The ministration says that we may refuse minutes of morning business, the Sen- Additional Protocol can help make it to negotiate. This only undermines sol- ate resume consideration of H. R. 4, the much harder to hide a covert nuclear idarity with our allies, which have welfare reauthorization bill; provided program, if we persuade the rest of the worked for years to help us convince that there be 60 minutes of debate world to sign such protocols as well. other countries to negotiate. equally divided between the chairman But how can we combat the ‘‘break- For all the flaws of the NPT, it is an and the ranking member of the Fi- out’’ scenario? essential treaty. It has been vital to nance Committee for debate only; pro- One idea gaining currency is to allow encouraging states like Ukraine, vided further, that the Senate then non-nuclear weapons states to continue Belarus, Kazakhstan, South Africa, proceed to the cloture vote on the sub- to possess civilian nuclear programs, Brazil and Argentina to end their nu- stitute amendment to the bill. but not a closed nuclear fuel cycle. A clear weapons programs. The United The ACTING PRESIDENT pro tem- state could have civilian nuclear reac- States must work to improve the nu- pore. Without objection, it is so or- tors to produce electrical power, but clear non-proliferation regime, and it dered. must import the nuclear reactor fuel must also do all that it can to abide by f and return any spent fuel. This would the bargains between the nuclear ensure that a state did not obtain ‘‘haves’’ and the nuclear ‘‘have nots’’ PROGRAM fissile material needed for a nuclear that underlie world willingness to es- Mr. FRIST. Mr. President, tomorrow, weapon. chew the most awesome and awful following morning business, we will re- IAEA Director General Mohammed weapons mankind has ever invented. sume consideration of the welfare bill. El-Baradei would allow only multi- In conclusion, I want to congratulate Shortly after 11:30 in the morning, the national facilities to produce and proc- and thank my chairman, Senator DICK Senate will proceed to the cloture vote ess nuclear fuels, and give legitimate LUGAR, for his fine leadership in bring- on the substitute amendment. It is un- end-users assured access to these fuels ing this resolution of ratification to fortunate we have had to proceed with at reasonable rates. Gen. Brent Scow- fruition. It was not an easy task, and the cloture vote on this very important croft and Dr. William Perry recently he demonstrated exceptional leader- piece of legislation, but given the de- endorsed this proposal, adding that ship. I am grateful also to our staffs, sire to offer unrelated amendments, states that refuse this bargain should especially Ken Myers, III and Thomas the procedural vote is necessary. If clo- be subject to sanctions. President Bush Moore on the majority side, and Ed- ture is invoked, we will be able to con- has not endorsed multinational facili- ward Levine and Jofi Joseph on the tinue to consider welfare amendments, ties, but called upon members of the Democratic side. Finally, I want to and we will finish the bill this week. It Nuclear Suppliers Group to refuse to commend the interagency committee will be very unfortunate if cloture fails export enrichment and reprocessing that worked with us, and especially and we are unable to complete this bill equipment to any state that does not Ms. Susan Koch of the National Secu- this week because of unrelated issues. already possess full scale enrichment rity Council staff. She is a real profes- Additional votes are possible tomor- and reprocessing plants. sional, and we would not have gotten row, and Senators will be notified when Any agreement on revising the nu- to this day without her. votes are scheduled. clear non-proliferation regime will be Mr. FRIST. Mr. President, I ask for a difficult to achieve. Non-nuclear weap- division vote on the resolution of rati- f ons states will ask what they will get fication. ORDER FOR ADJOURNMENT for surrendering a well established The ACTING PRESIDENT pro tem- Mr. FRIST. Mr. President, if there is right. States with nuclear fuel indus- pore. A division vote is requested. Sen- tries may worry that they will go out no further business to come before the ators in favor of the resolution of rati- Senate, I ask unanimous consent that of business if only a few multinational fication will rise and stand until count- facilities are allowed to operate enrich- the Senate stand in adjournment under ed. the previous order following the re- ment and reprocessing activities. But Those opposed will rise and stand marks of Senator GRASSLEY. the United States and other concerned until counted. The ACTING PRESIDENT pro tem- states should set a goal of reaching a On a division vote, two-thirds of the pore. Without objection, it is so or- consensus in time for next year’s NPT Senators present having voted in the dered. Review Conference. We have a window affirmative, the resolution of ratifica- The Senator from Iowa. of opportunity, and we should use it. tion is agreed to. There is another bargain central to f f the NPT, one that this administration largely prefers to ignore. In return for LEGISLATIVE SESSION NATIONAL ENERGY POLICY forswearing nuclear weapons, non-nu- The ACTING PRESIDENT pro tem- Mr. GRASSLEY. Mr. President, there clear weapons states received a com- pore. The Senate will now return to has been a lot of discussion about high mitment from the five permanent nu- legislative session. gasoline prices lately, and rightly so clear powers, reaffirmed as recently as f because gasoline prices are as high as 2000, to seek eventual nuclear disar- they have ever been in the history of mament. ORDERS FOR THURSDAY, APRIL 1, our country and, in the process, not Nobody, including me, expects the 2004 only taking a lot of money out of the United States to give up its nuclear de- Mr. FRIST. Mr. President, I ask pockets of working men and women, terrent any time in the foreseeable fu- unanimous consent that when the Sen- but harming the overall economy. And ture. But the administration’s drive to ate completes its business today, it ad- the full impact has not been felt yet. research and possibly produce new nu- journ until 9:30 a.m. on Thursday, April In the process of hearing so many re- clear weapons—including low-yield 1. I further ask that following the pray- marks and concerns about this situa- nukes—is a step in the wrong direction. er and pledge, the morning hour be tion, as we heard for a half hour a few It signals to the rest of the world that deemed expired, the Journal of pro- minutes ago from one of our colleagues even the preeminent global power ceedings be approved to date, the time from the other side of the aisle, I won- needs new nuclear weapons to assure for the two leaders be reserved for their der if we are not hearing so many its own security. use later in the day, and the Senate speeches from the other side of the

VerDate Mar 15 2010 22:29 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\2004SENATE\S31MR4.REC S31MR4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3516 CONGRESSIONAL RECORD — SENATE March 31, 2004 aisle on the issue of energy because it Congress to adopt a national energy opportunity to do something? They was the other side of the aisle that led policy, and Congress came within two vote no, under some excuse that we are a filibuster against the national energy votes, but a Democratic filibuster not going to be able to maybe have policy we had before us last November. killed it, and the President is getting some lawsuits that they want to have. Maybe there is some guilt on their part blamed for a national energy policy he Do they want chocolate cake for law- about defeating a national energy pol- has been pushing that the other side yers or do they want lower gasoline icy, as it was through a Democratic fil- killed? prices? Do they want chocolate cake ibuster. Is there some guilt, some shame on for their lawyers—because the whole I thought since that vote, when we the other side trying to detract from new realm of lawsuits after tobacco had 58 votes and only needed 2 more to what the President has been trying to and after asbestos, that is where those get cloture, to get to finality on a bill do? Is there some shame on the other lawyers are going to go, suing the en- that was passed overwhelmingly by side when they were in the majority in ergy companies—or do they want a this body, that bill would have been 2001 and 2002 and could not produce a cleaner environment? Do they want the national energy policy. It would national energy policy? chocolate cake for their lawyers or do have been the first national energy pol- We have had an opportunity to move they want to help their farmers? Do icy that passed this body for probably forward with a national energy policy, they want chocolate cake for their law- a dozen or more years, and it is now and those people who are giving the yers or do they want to send a signal to needed more than ever before, but we speeches condemning the President or OPEC that we have our act together needed two more votes. It is so puzzling concerned about high prices, what and we are going to play in this energy to me that 46 out of 49 Democrats can about helping us to reconsider that game and we are not going to be in a stick together when they want to devote of last November—it can be recon- stranglehold by those oil sheiks? I feat very well-qualified judges the sidered—and bring cloture and finality think the choice is pretty clear. I hope President sends up here, so well quali- to the bill, and we can have a national we get some action and less words. fied they have the highest rating of the energy policy? I yield the floor. American Bar Association, and yet Is a national energy policy going to f when we had a national energy policy, make a difference when it comes to we adopted that national energy policy high energy prices? You bet it is be- RECESS UNTIL 9:30 TOMORROW 3 or 4 months after the Northeast cause it is sending a signal to OPEC The ACTING PRESIDENT pro tem- blackout last August and just before that we have our act put together and pore. Under the previous order, the we knew energy prices were going to go we are prepared to respond. Senate stands adjourned until tomor- It very much broke the stranglehold up because OPEC announced they were row, Thursday, April 1, at 9:30 a.m. of OPEC in 1982 when President Reagan going to shut off the spigot, why Thereupon, the Senate, at 7:27 p.m., deregulated the cost controls that we couldn’t we get more than 13 out of 49 recessed until Thursday, April 1, 2004, had on petroleum. For the next 20 Democrats, considering the unanimity at 9:30 a.m. of holding the caucus together to de- years, OPEC was irrelevant because it feat judges, and the Democratic leader told the rest of the world that we are f was very much in favor of the Energy not going to hold our product off the CONFIRMATIONS bill but he voted to stop debate? Why market. When we establish not only our own incentives for producing our Executive nominations confirmed by couldn’t more than 13 Democrats help the Senate March 31, 2004: bring about a national energy policy? own fossil fuels to a greater extent Now we are hearing so much from the than we are today but also that we are DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT other side that one wonders if they going a whole new route of having a national energy policy on renewables ALPHONSO R. JACKSON, OF TEXAS, TO BE SECRETARY don’t have a somewhat guilty con- OF HOUSING AND URBAN DEVELOPMENT. science about that vote. and alternative energy and also that THE ABOVE NOMINATION WAS APPROVED SUBJECT TO We only needed two more Democrats. we are going to have incentives for THE NOMINEE’S COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY There are at least four Democrats from conservation, it is going to send that CONSTITUTED COMMITTEE OF THE SENATE. corn-producing States who should have same clear signal to OPEC? IN THE AIR FORCE OPEC is meeting maybe right this been voting for cloture because this THE FOLLOWING NAMED OFFICER FOR APPOINTMENT bill was so good for the ethanol indus- very day to say to the rest of the IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- try, as an example, producing ethanol, world: We are going to shut our spigots CATED UNDER TITLE 10, U.S.C., SECTION 624: a renewable fuel to mix with gasoline, down another million barrels a day. To be major general to stretch gasoline, but we had four And all the time the Senate is lan- BRIG. GEN. CHARLES C. BALDWIN Democrats on the other side from corn- guishing because of a Democrat fili- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT buster last November of the Energy IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- producing States who did not vote. We CATED UNDER TITLE 10, U.S.C., SECTION 624: bill. They see inactivity on our part, only needed two of them. To be brigadier general Also, this was a very comprehensive and to a great extent it encourages energy policy, so comprehensive it was them the same way they were encour- COL. CECIL R. RICHARDSON well balanced with tax incentives for aged when we had price controls on pe- IN THE ARMY fossil fuels, tax incentives for renew- troleum from 1979, 1980, and 1981 until THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES OFFICERS FOR APPOINTMENT IN THE ables and alternative energy, and tax Reagan finally took them off. I hope we RESERVE OF THE ARMY TO THE GRADES INDICATED incentives for conservation. In fact, the will have less speeches from the other UNDER TITLE 10, U.S.C., SECTION 12203: speech we just heard was a lot about side and votes in favor of ethanol and To be major general conservation, tax incentives for con- biodiesel, all of those things that are BRIGADIER GENERAL JAMES J. BISSON servation, and they do not want to vote good for the agricultural communities BRIGADIER GENERAL RONALD G. CROWDER BRIGADIER GENERAL WILLIAM W. GOODWIN to stop a Democratic filibuster and of Illinois, Indiana, and Wisconsin, as BRIGADIER GENERAL MICHAEL A. GORMAN move the bill along? It is very puzzling. well as Iowa and Minnesota. They are BRIGADIER GENERAL ROBERT G.F. LEE BRIGADIER GENERAL ROBERTO MARRERRO-CORLETTO I do not understand it. It makes one good for the environment because eth- BRIGADIER GENERAL JOSEPH J. TALUTO wonder: Are we hearing all these anol and biodiesel are cleaner burning BRIGADIER GENERAL ARTHUR H. WYMAN speeches now since gas is way up, at than fossil fuels; good for the agricul- To be brigadier general the highest level in history, because tural economy because when the bill is COLONEL FLOYD E. BELL, JR. COLONEL JAMES A. BRUNSON maybe they have some shame because fully implemented, we would be using COLONEL JOSEPH J. CHAVES they didn’t want to vote to stop that 20 percent of our corn crop to produce COLONEL JOSEPH L. CULVER COLONEL PAUL C. GENEREUX, JR. filibuster last fall? ethanol and will eventually be doing COLONEL MARTIN L. GRABER Then I hear some criticism toward the same thing with the soybean crop COLONEL MARK W. HAMPTON the President about high gasoline COLONEL YAROPOLK R. HLADKYJ and biodiesel. We will also be con- COLONEL GEORGE E. IRVIN, SR. prices. But what about the President of serving as well. COLONEL JAMES A. KRUECK the United States leading the way ever Yet what do we get from the Mem- COLONEL ROGER A. LALICH COLONEL JACK E. LEE since he has been in office to get this bers of those States when they have an COLONEL RICHARD B. MOORHEAD

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COLONEL JAMES W. NUTTALL CHARLES W. FOX, WHICH NOMINATIONS WERE RE- ARMY NOMINATIONS BEGINNING JEFFREY A. TONG COLONEL BILLY L. PIERCE CEIVED BY THE SENATE AND APPEARED IN THE CON- AND ENDING TIMOTHY M. WARD, WHICH NOMINATIONS COLONEL STEVER D. SAUNDERS GRESSIONAL RECORD ON MARCH 11, 2004. WERE RECEIVED BY THE SENATE AND APPEARED IN THE COLONEL WILLIAM D. SCHNEIDER AIR FORCE NOMINATION OF DAVID W. PUVOGEL. CONGRESSIONAL RECORD ON MARCH 12, 2004. COLONEL KING E. SIDWELL AIR FORCE NOMINATION OF TERRANCE J. WOHLFIEL. ARMY NOMINATIONS BEGINNING JAMES M. GAUDIO COLONEL MICHAEL C. SWEZEY ARMY NOMINATIONS BEGINNING DALE A ADAMS AND AND ENDING BEVERLY A. HERARD, WHICH NOMINATIONS COLONEL OMER C. TOOLEY ENDING NICHOLAS E ZOELLER, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE NAVY WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 12, 2004. CONGRESSIONAL RECORD ON NOVEMBER 21, 2003. ARMY NOMINATIONS BEGINNING MICHAEL J. HARRIS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING THOMAS M. BESCH AND ENDING ROBERT L. LEGG, WHICH NOMINATIONS IN THE UNITED STATES NAVY TO THE GRADE INDICATED AND ENDING ALBERT M. ZACCOR, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE UNDER TITLE 10, U.S.C., SECTION 624: WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 12, 2004. To be rear admiral (lower half) CONGRESSIONAL RECORD ON JANUARY 22, 2004. ARMY NOMINATIONS BEGINNING DAVID N. AYCOCK AND ARMY NOMINATIONS BEGINNING KENNETH L. ALFORD ENDING DAVID E. LINDBERG, WHICH NOMINATIONS WERE CAPT. ELIZABETH A. HIGHT AND ENDING JAMES R. YONTS, WHICH NOMINATIONS RECEIVED BY THE SENATE AND APPEARED IN THE CON- WERE RECEIVED BY THE SENATE AND APPEARED IN THE GRESSIONAL RECORD ON MARCH 12, 2004. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CONGRESSIONAL RECORD ON JANUARY 22, 2004. IN THE UNITED STATES NAVY TO THE GRADE INDICATED ARMY NOMINATION OF MICHAEL T. LAWHORN. ARMY NOMINATIONS BEGINNING THOMAS E. BAILEY UNDER TITLE 10, U.S.C., SECTION 624: ARMY NOMINATIONS BEGINNING DERRON A. ALVES AND ENDING DANIEL S. ZUPAN, WHICH NOMINATIONS AND ENDING ALISA R. WILMA, WHICH NOMINATIONS To be rear admiral WERE RECEIVED BY THE SENATE AND APPEARED IN THE WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JANUARY 22, 2004. REAR ADM. (LH) NANCY E. BROWN CONGRESSIONAL RECORD ON MARCH 12, 2004. ARMY NOMINATIONS BEGINNING EILEEN M. AHEARN ARMY NOMINATIONS BEGINNING JOEL R. BACHMAN AIR FORCE NOMINATION OF ARTHUR R. HOMER. AND ENDING X4578, WHICH NOMINATIONS WERE RE- AND ENDING SHERRY L. WOMACK, WHICH NOMINATIONS CEIVED BY THE SENATE AND APPEARED IN THE CON- AIR FORCE NOMINATION OF WILLIAM R. KENT III. WERE RECEIVED BY THE SENATE AND APPEARED IN THE GRESSIONAL RECORD ON JANUARY 22, 2004. AIR FORCE NOMINATION OF LORI J. FINK. CONGRESSIONAL RECORD ON MARCH 12, 2004. ARMY NOMI- ARMY NOMINATION OF GARY W. STINNETT. AIR FORCE NOMINATIONS BEGINNING PATRICIA K. COL- NATIONS BEGINNING CURTIS J. * ABERLE AND ENDING ARMY NOMINATION OF JAMES M. IVES. LINS AND ENDING JEFFREY E. SHERWOOD, WHICH NOMI- PAMELA M. * WULF, WHICH NOMINATIONS WERE RE- ARMY NOMINATION OF PAUL SWICORD. NATIONS WERE RECEIVED BY THE SENATE AND AP- CEIVED BY THE SENATE AND APPEARED IN THE CON- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY ARMY NOMINATION OF STEPHEN A. BERNSTEIN. ARMY NOMINATION OF JAMES R. HUDSON. GRESSIONAL RECORD ON MARCH 12, 2004. 26, 2004. ARMY NOMINATIONS BEGINNING GINA M. * AGRON AND AIR FORCE NOMINATIONS BEGINNING CHRISTOPHER D. ARMY NOMINATION OF GARY J. GARAY. ENDING JEFFREY V. ZOTTOLA, WHICH NOMINATIONS BOYER AND ENDING MATTHEW E. COOMBS, WHICH NOMI- ARMY NOMINATION OF JOHN W. ERVIN. WERE RECEIVED BY THE SENATE AND APPEARED IN THE NATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING FLOYD T. CURRY AND CONGRESSIONAL RECORD ON MARCH 12, 2004. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY ENDING JEFFREY B. WHEELER, WHICH NOMINATIONS 26, 2004. WERE RECEIVED BY THE SENATE AND APPEARED IN THE ARMY NOMINATIONS BEGINNING BRUCE M. AIR FORCE NOMINATION OF RICHARD G. HUTCHISON. CONGRESSIONAL RECORD ON FEBRUARY 26, 2004. FREDERICKSON AND ENDING WILLIAM A. PETTY, WHICH AIR FORCE NOMINATION OF JEFFERY C. SIMS. ARMY NOMINATIONS BEGINNING JOHN E ARMITSTEAD NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AIR FORCE NOMINATIONS BEGINNING DOUGLAS R. AND ENDING EUGENE R WOOLRIDGE, WHICH NOMINA- PEARED IN THE CONGRESSIONAL RECORD ON MARCH 12, ALFAR AND ENDING FI A. YI, WHICH NOMINATIONS WERE TIONS WERE RECEIVED BY THE SENATE AND APPEARED 2004. RECEIVED BY THE SENATE AND APPEARED IN THE CON- IN THE CONGRESSIONAL RECORD ON FEBRUARY 26, 2004. NAVY NOMINATION OF DAVID R. AGLE. GRESSIONAL RECORD ON MARCH 1, 2004. ARMY NOMINATION OF RANDALL J. VANCE. NAVY NOMINATIONS BEGINNING HUGH B BURKE AND AIR FORCE NOMINATION OF CHRISTINE R. GUNDEL. ARMY NOMINATION OF CRAIG M. DOANE. ENDING JEANINE B WOMBLE, WHICH NOMINATIONS WERE AIR FORCE NOMINATIONS BEGINNING BOIKAI B. ARMY NOMINATION OF CAROL A. CULLINAN. RECEIVED BY THE SENATE AND APPEARED IN THE CON- BRAGGS AND ENDING ARMY NOMINATION OF CHRISTOPHER B. SOLTIS. GRESSIONAL RECORD ON MARCH 12, 2004.

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TRIBUTE TO MR. DENNIS WELLER Love of Christ Ministry, Elder Smith has nur- both the Republic of China on Taiwan and the tured this growing gathering of the faithful. As United States. The Taiwan Relations Act has HON. JAMES T. WALSH they celebrate and dedicate this special event, helped to maintain stability and security for the OF NEW YORK I hope that he will be encouraged as he sees people of the United States, the people of Tai- IN THE HOUSE OF REPRESENTATIVES the fruits of his labors and will be refreshed to wan and for those in neighboring countries. Wednesday, March 31, 2004 continue his ministry with excitement and Maintaining and enhancing the close stra- vigor. tegic, commercial and military cooperation be- Mr. WALSH. Mr. Speaker, I rise today in It is my distinct honor to join with his con- tween the United States and the Republic of tribute to Mr. Dennis Weller. Mr. Weller was gregation and our community in offering our China on Taiwan have been of critical impor- awarded the Contractor of the Year Award by encouragement and support as they celebrate tance for the last 25 years and will remain so the Associated Builders and Contractors on the dedication of their church. I hope that this in the future, in large part thanks to the TRA. February 26, 2004. This award is given annu- will be a time of great blessing for him and his f ally to an individual who has demonstrated family. significant accomplishment for Associated We are all grateful for his leadership and vi- CHINA AND WTO RULES Builders and Contractors, the merit shop, and sion, as well as his community involvement the construction industry. through the Statewide Parent Advocacy Net- HON. NICK SMITH Mr. Weller is president and chief executive work and the Coalesce Youth Organization. OF MICHIGAN officer of Structural Associates, Inc. in East Mr. Speaker, please join me in extending IN THE HOUSE OF REPRESENTATIVES Syracuse, New York. In addition, he has held my thanks to Elder Smith for his years of pas- numerous leadership positions with Associated toral ministry, and I invite my colleagues to Wednesday, March 31, 2004 Builders and Contractors, including vice chair- join me in wishing him the strength and grace Mr. SMITH of Michigan. Mr. Speaker, there man on the national executive committee and to continue for many years to come. is a problem that Congress needs to pay at- chairman of the chapter development com- f tention to in terms of the dramatic increase in mittee. the price of scrap steel. It is hurting manufac- Kirk Pickerel, Associated Builders and Con- CELEBRATING THE 25TH YEAR OF turing in Michigan and around our country. tractors president and CEO, said of Weller, THE TAIWAN RELATIONS ACT China is bidding up the price and hoarding ‘‘He and his firm have pursued a free enter- steel. If China won’t conduct business and prise, merit shop approach to construction in a HON. THOMAS G. TANCREDO comply with WTO rules, then we need to con- State and region that has long been domi- OF COLORADO sider drastic action, such as cutting off imports nated by those who oppose such concepts.’’ IN THE HOUSE OF REPRESENTATIVES coming from China. If the shelves of some of Mr. Weller is a source of pride to our commu- our discount stores go bare, buy American. nity and should be commended for his hard Wednesday, March 31, 2004 f work and dedication. Mr. TANCREDO. Mr. Speaker, as Members f of Congress and friends of Taiwan get ready TRIBUTE TO THE JAMESVILLE- DEWITT BOYS’ VARSITY BASKET- TRIBUTE TO ELDER ELLIS SMITH, to celebrate the 25th anniversary of the Tai- BALL TEAM JR. wan Relations Act, I rise to express my continued support for friendship between America HON. DONALD M. PAYNE and the Republic of China on Taiwan. Despite HON. JAMES T. WALSH the regrettable fact that our two nations no OF NEW YORK OF NEW JERSEY longer enjoy formal diplomatic relations, the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES U.S. and the Republic of China on Taiwan Wednesday, March 31, 2004 have remained strong allies for the better part Wednesday, March 31, 2004 Mr. PAYNE. Mr. Speaker, I am proud to rise of a century. Mr. WALSH. Mr. Speaker, I rise today in today to recognize a respected member of my Much of this strong relationship is based on tribute to the Jamesville-Dewitt boys’ varsity district, Elder Ellis Smith, Jr., as he and his the Taiwan Relations Act, which has been in- basketball team. The team went undefeated congregation celebrate the dedication of their strumental in maintaining peace, security and this season with 29 wins and no losses or ties. church on April 4, 2004. Elder Smith cele- stability in the Taiwan Strait and the Western The team rose to become class A State fed- brates this event with his beloved wife, First Pacific since its enactment in 1979. Over the eration champions, defeating St. Joseph’s of Lady Elresia Smith, their three sons, Ellis last quarter century, the Republic of China on Buffalo in overtime by a score of 78 to 73. The Tarique III, Ellis Jerod IV, and Terrell, and Taiwan has built a strong economy and a team’s 29 wins were the most recorded by their daughter, Jullisa. healthy, vibrant and fully functioning multi- any team in section three history. Elder Smith was born in Newark in 1961, party democracy, conducting free elections at There were six outstanding players who which makes him my neighbor for almost 43 all levels, including the recent and razor-thin made big plays to bring their team to victory years and counting. He is a graduate of West reelection of incumbent President Chen Shui- in the final game of the season. Senior co- Side High School in Newark, Evangelical Bible Bian. captain Jeremy Black led the squad with 20 Institute in Parsippany, and he attended The 1979 Taiwan Relations Act viewed Tai- points and was 6 of 8 from behind the three- Upsala College in East Orange. wan’s membership in international organiza- point line. Junior Andy Rautins, the tour- Elder Smith formed Siloah Church in 1997 tions as conducive to Taiwan’s stability and nament MVP, finished with 18 points and six and had the first services at his kitchen table economic prosperity. Over the years, the U.S. assists. Junior Ari Greenberg also scored 18 at his Parsippany residence. Sunday afternoon has continued to support the participation of points; and senior Reggie Flynn scored 8 services were held for a brief period at Taiwan in international affairs, its accession to points, grabbed 10 rebounds and had five as- Rouzeu’s Manor in Orange. The Smith family the World Trade Organization and the ROC’s sists. Jamesville-Dewitt’s coach, Bob eventually converted the family room of their ongoing efforts to become an observer in the McKenney said of the team, ‘‘I’ve never had a residence into a Sanctuary, where Sunday World Health Organization. I believe Taiwan’s group with a will to win like these guys.’’ morning services and Bible study continued active participation and contributions to these The team includes Brian Becker, Jeremy until they acquired a site in East Orange in and all international organizations will be ben- Black, Zach Bratek, Corey Chavers, Andrew early 2001, changing the ministry’s name to eficial not just to the people of Taiwan but to Cottet, Zachary Drescher, Reggie Flynn, The Love of Christ. the international community at large. Aaron Greenberg, Manuel Karam, Tim Palma, From its nascency, assembled around his Mr. Speaker, the last 25 years under the Andy Rautins, John Romano, Justin Stern, kitchen table, to its full emergence as The framework of the TRA have been positive for Spencer Traino, Micke Triche, and Chris

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

VerDate mar 24 2004 03:37 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K31MR8.005 E31PT1 E488 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2004 Vieau. They are coached by Bob McKenney for him to take. Even at his young age, he un- rather than mourn his mortality, she said along with assistant coaches Lisa McKenney derstood the connection between the freedom her father asked frankly about funeral plans, and Charlie Falgiatano. These boys are a that we all enjoy and the historical sacrifices of regaled with old stories and made the most of time with family during his last weeks. source of pride to our community and should those in uniform. ‘‘I remember telling him that last week- be commended for their hard work and dedi- Specialist Froehlich is survived by his par- end, how when I was growing up I remember cation. ents Stephen and Rosemarie, his brothers him always helping the ‘little man,’ ‘‘ Cook f Steve and Jeff, his sister April and his grand- recalled, adding with a laugh, ‘‘and he an- father John, all of South Jersey. He will be laid swered, ‘Well, I was the little man!’ CELEBRATING GREECE’S 183RD to rest with full military honors on Saturday ‘‘He saw himself as a true public servant. If INDEPENDENCE DAY April 3, 2004 in Berlin, New Jersey. someone called him asking for help to get a job, or a place to live, or food, he’d help them I extend my deepest sympathy to the as much as he could.’’ HON. MAURICE D. HINCHEY Froehlich family and express my immense Williams served on the city council from OF NEW YORK gratitude for the heroic service of Specialist 1997 until his death, but was hardly a polit- Adam Froehlich. ical neophyte. He spent 11 years on the IN THE HOUSE OF REPRESENTATIVES Loudon County Commission until a heart at- f Wednesday, March 31, 2004 tack forced him to leave in 1980 and also retire from his job as assistant plant manager Mr. HINCHEY. Mr. Speaker, as a long time TRIBUTE TO CURTIS WILLIAMS, SR. with the local Charles H. Bacon Co. textile supporter and member of the Hellenic Caucus, plant. I would like to recognize and congratulate the Taking a break from political office didn’t people of Greece on their Independence Day, HON. JOHN J. DUNCAN, JR. mean a break in politics. An avid Democrat all his life, Williams volunteered for at least which they celebrated last week. 183 years OF TENNESSEE ago, the Greek people won their freedom and six boards, not including the committees he IN THE HOUSE OF REPRESENTATIVES independence from the Ottoman Empire. This chaired and served on during his 18 years of Wednesday, March 31, 2004 elected office. And he even counted the occa- is a great event, not only for Greece, but for sional Republican among his political com- all countries because it represents and reaf- Mr. DUNCAN. Mr. Speaker, a few days ago, rades, including Rep. JOHN J. DUNCAN Jr., firms our belief in self-determination and de- Curtis Williams, a great and patriotic Amer- and his father, the late Rep. John J. Duncan. mocracy. ican, passed away in Lenoir City, Tennessee. ‘‘It seemed almost every time me or my dad came to Loudon County, we would see Our nation is built on the principles of the Mr. Williams, or Curtis to almost everyone, ancient Greek philosophers. Our founding fa- him,’’ recalled Duncan, whose father began was a City Councilman in Lenoir City and a campaigning for office there while the thers looked to Greek political and philo- former member of the Loudon County Com- younger Duncan was in high school. ‘‘He was sophical ideals while forming our nation. Years mission. He served on many boards and com- a real strong supporter of both of us.’’ later, we were able to return the favor when mittees and worked with numerous civic and ‘‘I think that he set a good example for the United States independence movement charitable organizations. He loved people and anyone in public office. He had a heart for helped fuel the strength of the Greek people obviously wanted to help as many as he service and liked to help people.’’ Duncan will make the grant presentation. in seeking their own sovereignty from a for- could. eign empire. Loudon County Attorney Harvey Sproul Curtis was not rich or famous, but much was county mayor while Williams served on I am also proud to say that the Greek com- more importantly, he was a kind and good the commission. He recalls the projects they munity is especially prominent in New York man. He loved his family first and his commu- worked on to modernize thle county, includ- State. We have the largest Greek Community nity and his Country next, and this shone ing being one of the first Tennessee counties in the U.S. and we are home to the Orthodox through in everything he said and did. to institute planning and zoning in 1972. Archdiocese of America. This Nation is a better place today because ‘‘He was supportive of trying to get things done and trying to establish a foundation for I am honored to join my colleagues in cele- of the life Curtis Williams led, and I want to bration of this significant achievement in his- future county growth,’’ Sproul said. ‘‘He was commend and praise the work he did. almost unequaled in public service; he served tory and to congratulate the Greek people on I want to also call to the attention of my colon so many boards, and was very progres- their independence day. leagues and other readers of the RECORD the sive.’’ f article about Curtis that was published by the Duncan had the most contact with Wil- Knoxville News Sentinel. liams through veterans’ organizations. Wil- TRIBUTE TO ARMY SPECIALIST liams was proud of his three-year tour of ADAM FROEHLICH [From the Knoxville News Sentinel, Mar. 31, duty in the Navy during World War II; Cook 2004] said Williams was proud to serve his coun- COUNCILMAN’S DEATH LEAVES BIG HOLE IN LC try, to the point of having his legal guard- HON. ROBERT E. ANDREWS COMMUNITY ians (he and his siblings were orphaned OF NEW JERSEY (By Ann Hinch) young and lived with relatives) help him lie IN THE HOUSE OF REPRESENTATIVES about his age at 17 so he could join the Navy Monday’s presentation of a $215,000 FEMA in 1943. Wednesday, March 31, 2004 grant at Lenoir City Fire Station No. 1 ‘‘They didn’t ask for anything (age proof) promises all the hallmarks of an event Cur- back then,’’ Cook said. ‘‘They just said, ‘Do Mr. ANDREWS. Mr. Speaker, I rise today to tis Williams Sr. would’ve loved: his little you want to fight?’’’ Williams helped storm pay tribute to Army Specialist Adam Froehlich city and his firefighters benefiting from the beach at Normandy on D-Day and was a who was killed while serving our country in much-needed federal funds, politics and old gunner in the Pacific. Baqubah, Iraq on March 25, 2004. He was a friends. After the war, Williams returned to his job member of 2nd Platoon, Charlie Battery, 1st Sadly, the famously cheerful councilman at Bacon, where he’d worked since he was a Battalion, 6th Field Artillery, a part of the 1st will attend the April 5 presentation only in boy; he would work there 36 years. He mar- memory. Williams, 77, died of congestive ried his childhood sweetheart, earned his Infantry Division and stationed in Bamberg, heart failure at midnight March 15. Germany. GED, and attended classes at the University He’d been absent from most of the semi- of Tennessee not toward a degree, but simply Specialist Froehlich was a true patriot who, monthly council meetings in the months pre- to learn more. Two of his three children— deeply moved by the attacks of September ceding his death, wanting to attend but ulti- Cook and Curtis Williams Jr.—followed him 11th, joined the Army after graduating from mately too ill and tired to do so. He would into local politics (daughter Bernita Gamble Overbrook High School in Pine Hill, New Jer- have especially enjoyed Monday’s event, as did not). He left behind a large family, in- sey. At Overbrook High School he was a var- he was also the city’s fire commissioner and cluding seven grandchildren and five great- sity wrestler. After fulfilling his commitment to helped snag the FEMA grant. grandchildren. the Army, Specialist Froehlich planned to use ‘‘He’d get ready to come to the meetings, He also left a hole on the city council, but at the last minute, he’d just be too the GI bill to attend college and become a where his term would have ended next April. tired,’’ daughter Debbie Cook explained. Mayor Matt Brookshire, who is now respon- gym teacher. Cook, one of Williams’ and wife Tiajaunia sible for appointing the position, said, ‘‘His Specialist Froehlich’s love of his country ‘‘Ty’s’’ three children, said her father’s doc- presence here was missed for a long time, predated his enlistment in the Army. His deci- tor told the family in January that Williams and he’ll continue to be missed. He did enjoy sion to serve his country was a natural path didn’t have long to live. In typical fashion, (his work).’’

VerDate mar 24 2004 03:37 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K31MR8.006 E31PT1 March 31, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E489 IN HONOR OF MATTIE RHODES Ms. Mattie Rhodes would have been proud BACK OUR VETERANS HEALTH CELEBRATING 100 YEARS OF of these accomplishments. Eleven decades SERVICE IN 2004 after her wish, the Mattie Rhodes Center con- HON. BOB FILNER tinues to care for those less fortunate by pro- OF CALIFORNIA HON. KAREN McCARTHY viding programs that help children and families IN THE HOUSE OF REPRESENTATIVES OF MISSOURI become more self reliant, confident, creative Wednesday, March 31, 2004 IN THE HOUSE OF REPRESENTATIVES and productive members of their communities. From the humble beginnings of a committed Mr. FILNER. Mr. Speaker, since the creation Wednesday, March 31, 2004 young girl’s dying wish to her name sake of the Department of Veterans Affairs (DVA) Ms. MCCARTHY of Missouri. Mr. Speaker, I agency that now serves thousands of Kansas health system, the Nation’s doctors of chiro- rise today to honor an agency that has sup- Citians, the Mattie Rhodes Center is keeping practic (DCs) have been kept outside the sys- ported Kansas City area children, families and her promise alive and making a dramatic dif- tem and all but prevented from providing prov- communities for 110 years. The Mattie ference in the lives of the less fortunate. en, cost-effective and much-needed care to Rhodes Center provides social services, men- veterans, including those among the most vul- tal health counseling and provides emerging f nerable and in need of the range of health artists a venue for their work. care services DCs are licensed to provide. In The center is named for Mattie Rhodes, a REIMBURSING MEMBERS OF 2002, 4.5 million patients received care in young woman who worked for the less fortu- UNITED STATES ARMED FORCES DVA health facilities, including 75 percent of nate with a group of Sunday school friends FOR CERTAIN TRANSPORTATION all disabled and low-income veterans. Al- call the Little Gleaners. In 1890, at the age of EXPENSES though the DVA health care budget is roughly 19 she died of typhoid fever. Mattie left $500 $26 billion, in 2002, less than $370,000 went to be used for the benefit of children. The Lit- SPEECH OF toward chiropractic services for veterans. tle Gleaners honored her wish and founded I am proud to introduce legislation—H.R. the Mattie Rhodes Memorial Society in 1894 HON. ALCEE L. HASTINGS 4051, the Better Access to Chiropractors to with this pledge: ‘‘I promise to do all I can to OF FLORIDA Keep Our Veterans Healthy Act (BACK Our help the needy and suffering by working for IN THE HOUSE OF REPRESENTATIVES Veterans Health Act)—that is designed to pro- them, learning about them, giving for them, vide veterans with direct access to a doctor of and trying to interest others in them.’’ Tuesday, March 30, 2004 chiropractic, if that is their choice, through the That pledge made 110 years ago remains a Mr. HASTINGS of Florida. Mr. Speaker, I veterans health care system. In developing reality today. The mission of the Mattie rise today in support of Senate bill 2057, a bill this bill, I have worked closely with chiropractic Rhodes Center is to ‘‘strengthen children, fam- to reimburse members of the Armed Forces patients, particularly our veterans, who know ilies and community by providing social serv- for certain travel expenses incurred while on the benefits of chiropractic care and bear wit- ices, mental health counseling and art experi- leave before the Central Command Rest and ness to the positive outcomes and preventa- ences in a bilingual, culturally sensitive envi- Recuperation Leave Program was expanded tive health benefits of chiropractic care. I was ronment.’’ Mattie Rhodes offers services such to include domestic travel. also pleased to work with the American Chiro- as individual and family counseling, Hispanic This bill, which recently passed the Senate, practic Association (ACA), the Nation’s largest mental health programs, job readiness and directs the Secretary of Defense to reimburse chiropractic organization and the national placement and educational experiences for members of the Armed Forces for transpor- voice of doctors of chiropractic and their pa- children. More than 650 individuals and fami- tation expenses for up to one domestic round tients. I am told by the ACA that there are lies access family services each year through trip that was taken between September 25 more than 60,000 doctors of chiropractic and the Mattie Rhodes Center. The majority are of and December 18, 2003. in excess of 25 million chiropractic patients Mexican descent and are recent immigrants Mr. Speaker, the past few years have been across America. Specifically, my bill seeks to amend title 38 who speak little or no English. Each year more a difficult and strenuous time for the brave and of the United States Code to permit eligible than 1,700 children benefit from mentoring dedicated men and women of our Armed veterans to have direct access to chiropractic programs, youth support groups and arts edu- Forces. Our soldiers are tasked in missions care at Department of Veterans Affairs hos- cation geared to youth from the suburbs and across the globe, from Iraq and Afghanistan to pitals and clinics. Section 3 of the measure Kansas City’s urban core. The Mattie Rhodes South Korea and the Philippines. Many of states that ‘‘The Secretary [of Veterans Affairs] Art Center continues to be a place where chil- these missions involve combat or other ex- shall permit eligible veterans to receive need- dren can have fun, learn about, appreciate treme hardships. and create art. In 1999, the Mattie Rhodes ed [health care] services, rehabilitative serv- In addition to being kept apart for months at Center reached out to Hispanic artists and art ices, and preventative health services from a a time, military families have to cope with ris- patrons by establishing the Mattie Rhodes Art licensed doctor of chiropractic on a direct ac- ing health care costs and uncertainties about Gallery. It provides a unique experience for cess basis at the election of the eligible vet- the future. Deployment orders for reservists Latino artists to display their work, and for the eran, if such services are within the State and the National Guard are increasing, and community to view and appreciate. The exhib- scope of practice of such doctor of chiro- stop-loss measures have been put in place for its educate children and the public about the practic.’’ The measure goes on to directly pro- enlisted personnel who thought they were on importance of Latino arts in the West Side hibit discrimination among licensed health care the verge of going home. Tens of thousands community and the greater metropolitan area. providers by the DVA when determining which Area daycare centers, elementary and high of military families lack adequate housing and services a patient needs. schools, community organizations and individ- affordable medical care, and Democratic ef- Over the years, Mr. Speaker, representa- uals constitute the broad based sector forts to increase family separation and danger tives of the Department of Veterans Affairs reached by Mattie Rhodes Center programs. pay have been defeated by Republicans in have come before the House Veterans Affairs These groups include Garcia School, McCoy this body. Committee, a panel on which I serve, and School, Northeast High School, Rose Brooks Each deployment period, soldiers only re- have insisted that chiropractic benefits are Domestic Violence Shelter, Hand-In-Hand and ceive a brief period of leave to reunite with available to veterans and that no bias exists the Missouri Division of Family Services, His- their families and enjoy respite from the haz- within the DVA against the chiropractic profes- panic artists and patrons. ards of serving abroad. That soldiers, in some sion. But the facts I cited above speak other- Mr. Speaker, please join me in honoring the instances, should have had to pay for their wise. For all practical purposes, access to Mattie Rhodes Center in Kansas City, Missouri own transportation costs while on leave is chiropractic care has been nonexistent within for its 110 years of outstanding service. I con- most unfortunate. the DVA system. Chiropractic care has so sel- gratulate this excellent organization in con- Mr. Speaker, it is reasonable for Congress dom been offered to veterans that it can be junction with The Mattie Rhodes Art of the to demonstrate its gratitude to the men and fairly said to be a phantom benefit—and for Mask Auction on April 3, 2004. The auction women of the Armed Forces by ensuring that years, Mr. Speaker, the DVA has done noth- has grown from a children’s art center project they do not have to pay out of pocket for trav- ing to correct this deficiency. There is simply into a community celebration. This year’s auc- el expenses incurred while transitioning from no evidence that the DVA has ever acted tion will be the twelfth in Mattie Rhodes Cen- the difficulties of deployment to the welcoming proactively in any meaningful and substantive ter’s history. I am proud to have contributed by arms of their families at home. way to ensure that chiropractic care is made creating a clay mask for the event. I urge my colleagues to support this bill. available to veterans—and because of that

VerDate mar 24 2004 03:37 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.005 E31PT1 E490 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2004 track record of neglect that the U.S. Congress leading advocate for the North Loop Theatre porter that her patriotism to this country felt compelled to take action. And as a result, District. In addition, he is on the board of trust- helped to inspire her interest in public service. Congress in recent years has enacted three ees for both the Museum of Contemporary Art ‘‘I love (this country) more than most because separate statutes seeking to ensure veterans and The Art Institute. Lew’s generosity and I don’t take the rights and privileges of an access to chiropractic care—Public Law 106– devotion to the fine arts earned him the pres- American citizen for granted. I remembered 117, Public Law 107–135 and Public Law tigious distinction of being one of 24 recipients there was a knot in my throat when I took the 108–170. The last of those statutes gives ex- of the National Medal of Arts and Humanities oath (of citizenship),’’ The Los Angeles Times plicit authority to the DVA to hire doctors of awarded by President Clinton in December reported in 1985. chiropractic as full-time employees. I’m proud 2000. An expert in civil rights and immigration to have worked with colleagues on both sides Dr. Susan Manilow, also actively involved in issues, she began her legal career as a Staff of the aisle to help advance those initiatives— our community, has been a chairman of both Attorney with the Los Angeles Center for Law and I am hopeful that a reluctant DVA has fi- the Mount Sinai Health System and the Chi- and Justice and worked as counsel to the nally seen the light. cago Health Policy Research Center. She is United States Senate Committee on the Judi- I understand that the VA Secretary Principi currently a chairman for the Foster A. McGaw ciary under the leadership of Senator EDWARD has just released some new policy directives Prize Committee, which recognizes health KENNEDY. In 1981, Ms. Hernańdez joined regarding chiropractic care and that, at last, care organizations that are committed to com- MALDEF as Regional Counsel in Washington, we may be on our way to seeing the true and munity service, and to improving and expand- DC. Ms. Hernańdez was elected to MALDEF’s full integration of chiropractic care into the ing care. presidency in 1985 where she was respon- DVA. But Mr. Speaker, if the past is any guide Family has also always been a priority in sible for directing all litigation and advocacy to the future, then I must remain concerned Lew and Susan’s life. Her two children, Edwin programs, managing a $6.2 million annual until I see these new polices firmly in place and John Eisendrath, are the proud parents of budget, and supervising a 75 person staff. ´ and working well in all DVA treatment facili- six grandchildren. His children, David, Karin, Ms. Hernandez’s management expertise ties. To help ensure that in the future, barriers and John, are parents to seven grandchildren, guided the organization to long-term financial to veterans who want and need chiropractic with one more on the way. stability. In 1991, she created a permanent en- care are fully removed, I am pleased to intro- Mr. Speaker, I join with the fifth district and dowment for MALDEF by raising funds for the duce legislation that would require the DVA to entire Chicago community in congratulating national headquarters building in Los Angeles. She has been pivotal in overseeing the na- make chiropractic care available on a direct my friends Lew and Susan Manilow on their tional expansion of the organization, which access basis to our veterans. If the previous 30th anniversary, and wish them, and their ex- today has offices in Chicago, Houston, Sac- legislation had actually been implemented, my tended family, all the happiness in the future. ramento, Washington DC, San Antonio, and legislation would not be necessary—because f Atlanta. Most recently, Ms. Hernańdez di- referrals to doctors of chiropractic would actu- rected the opening of the Atlanta office in ally be taking place with the encouragement HONORING THE PUBLIC SERVICE ´ 2002, to serve the burgeoning Latino popu- and support of the DVA leadership. I hope this OF ANTONIA HERNANDEZ lation in the Southeast. is what happens under Secretary Principi’s A tireless champion for educational equity, new guidance—but as insurance, Mr. Speak- HON. LUCILLE ROYBAL-ALLARD Ms. Hernańdez has numerous accomplish- OF CALIFORNIA er, in case the Department loses their new- ments in this area. She led MALDEF’s legal found enlightenment somewhere along the IN THE HOUSE OF REPRESENTATIVES challenge to the state of Texas in Edgewood way—perhaps under a less supportive Sec- Wednesday, March 31, 2004 Ind. Sch. Dist. v. Kirby to counter the eco- retary—then the enactment of the legislation I nomic and racial disparities used in financing propose would guarantee the right of a vet- Ms. ROYBAL-ALLARD. Mr. Speaker, today, my colleagues Mr. ANI´BAL ACEVEDO-VILA´, Mr. Texas public schools. This legal battle, which eran to obtain this important service without began in 1984, ended successfully in 1995 the cost and stumbling blocks of going through JOE BACA, Mr. XAVIER BECERRA, Mr. DENNIS ´ when the Texas Supreme Court held that the potentially hostile gatekeepers. Accordingly, I CARDOZA, Mr. CHARLIE GONZALEZ, Mr. RAUL ´ Texas legislature had the authority to require urge my colleagues to join me in supporting GRIJALVA, Mr. LUIS GUTIERREZ, Mr. RUBEN HINOJOSA, Mr. ROBERT MENENDEZ, Ms. GRACE wealthier school districts to share their funding unimpeded access to chiropractic care with poorer districts, in turn creating an edu- throughout the veterans health care system NAPOLITANO, Mr. SOLOMON ORTIZ, Mr. ED PAS- TOR, Mr. SILVESTRE REYES, Mr. CIRO cational system that provides greater opportu- and help enact this measure. nities for all Texas children. RODRIGUEZ, Ms. LINDA SAŃCHEZ, Ms. LORETTA f In California, MALDEF successfully chal- SANCHEZ, Mr. JOSE´ SERRANO, Ms. HILDA lenged a similar school financing system in HONORING LEW AND SUSAN SOILS, Mr. NYDIA VELA´ZQUEZ and I join to- Godinez v. Davis. The state had a system that MANILOW gether to honor the career of Antonia short-changed urban schools while providing Hernańdez as President and General Counsel more money to suburban areas. This case re- of the Mexican American Legal Defense and HON. RAHM EMANUEL sulted in the award of hundreds of millions of Educational Fund (MALDEF), a nationally rec- OF ILLINOIS dollars for urban area schools, many with a ognized non-profit organization. Through the IN THE HOUSE OF REPRESENTATIVES significant number of Latino students. legal system, community education, research Wednesday, March 31, 2004 Antonia Hernańdez fought for the rights of and advocacy MALDEF is dedicated to pro- limited-English proficient students by mounting Mr. EMANUEL. Mr. Speaker, I rise to con- tecting the civil rights of the nation’s 40 million a case against the Denver School District in gratulate Susan and Lew Manilow of Chicago Latinos. We would like to take this opportunity 1984 for their lack of programs to educate on their recent 30th wedding anniversary. to congratulate Ms. Hernańdez on her 23 non-English speakers. As a result of their legal Both Susan and Lew have been active years of distinguished service at MALDEF and victories, MALDEF won the creation of noted members of the community and continue to to thank her for her tireless advocacy on be- bilingual and multicultural programs for the support the many causes important to them. half of the Latino community in this country. Latino students of Denver. Lew is a retired attorney who has wide inter- In so many ways, Antonia Hernańdez is a Antonia Hernańdez also won key victories ests in the arts, public policy and business. He role model for all Americans. Born in Mexico, for Latino students by expanding their access grew up in Chicago and has lived there all his she and her family moved to the United States to higher education. In 1993, MALDEF was life, where his passion for theater continues to when she was only 8 years old. They settled victorious in LULAC v. Richards, where the grow. in the Maravilla area of East Los Angeles Texas Supreme Court ruled that the lack of Lew has served as the former chair of the where her father supported his wife and six higher education programs in the predomi- United States Advisory Committee on Public children as a gardener and laborer. As the nantly Latino area of South Texas violated the Diplomacy and was a key member of the eldest child, Antonia Hernańdez learned state constitution. Democratic Leadership Council. He is a long- English quickly and excelled in school. She Under Ms. Hernańdez’s leadership, time member of the board of directors of the would later go on to attend UCLA where she MALDEF helped to secure the right for un- National Democratic Institute for International received her bachelor’s degree, teaching cer- documented students in California to attend Affairs and was the founding chair of its Mid- tificate and, in 1974, her law degree. state universities. In 2001, MALDEF devel- dle East Committee. Soon after passing the California State Bar oped a successful grassroots campaign in In addition, Lew is a founding trustee and exam, Antonia Hernańdez became a U.S. cit- support of legislation that allows undocu- former president of the Goodman Theatre and izen. She later told a Los Angeles Times re- mented students in California to enroll at any

VerDate mar 24 2004 03:37 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.008 E31PT1 March 31, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E491 publicly financed California university for the moves on to serve as President and CEO of in the region, but was under assault by inter- same cost as other state residents. To further the California Community Foundation. Her nal elements determined that their country this effort nationwide, in 2003, she established courage, compassion, and, above all, her should adopt a more independent stance. We were initially successful, but our crude ma- the Ellen and Federico Jimenez Scholarship dedication to helping others have made a dif- nipulation of the democratic process during Fund for undocumented students who are in- ference at MALDEF and in the Latino commu- Lebanon’s 1957 parliamentary elections con- eligible for state or federal financial school as- nity. We trust that this is indeed not an end to tributed directly to a civil war that was sistance. This scholarship makes the critical her work in public service, but a new begin- ended only on the landing of a large U.S. Ma- difference in the lives of students who would ning to even greater victories ahead. rine and Army military force one year later. To justify that armed intervention, we delib- otherwise be unable to afford the cost of a f higher education erately and knowingly provided false intel- As a mother of three children, Antonia USES AND MISUSES OF ligence to the United Nations purporting to INTELLIGENCE prove that our forces had responded to indi- Hernańdez also realizes the tremendous influ- rect aggression against the freely elected ence parents have in lives of their children. government by forces inspired and supported That’s why, under her leadership, MALDEF HON. RUSH D. HOLT by international communism. This was pure graduated thousands of parent leaders from OF NEW JERSEY fabrication. By the autumn of 1958, following its Parent School Partnership (PSP) program, IN THE HOUSE OF REPRESENTATIVES our military intervention, the government which instructs parents on how to become in- that we had supported by our covert action Wednesday, March 31, 2004 volved in their children’s education. had been replaced by a regime composed pri- In the area of employment, Antonia Mr. HOLT. Mr. Speaker, in just over 3 years marily of individuals who had been leaders of the United States has faced two acute intel- the political opposition, but who were not by Hernańdez has provided opportunities for any objective standard enemies of the United Latinos by mounting legal battles for fair hiring ligence failures. The first was the tragic events States. The supreme irony, I always thought, practices. Her work on the landmark legal of September 11, 2001. The second can be was that shortly thereafter Barry Goldwater case of Ballasteros v. Lucky forced the food found in the arguments made to go to war in wrote a book in which he extolled the glo- service industries to allow Latinos to work in Iraq. Weapons of mass destruction have not rious success of our ill-advised and ulti- every major grocery chain in California. The been found. Anti-American sentiment has mately counterproductive covert action op- victory resulted in the hiring of Latinos in sev- been strengthened and spread across the Is- eration in Lebanon. Goldwater recorded lamic world. In the aftermath the United States that, in a triumphant demonstration of how eral hundred retail stores. to employ U.S. power in the cause of free- Antonia Hernańdez has been a tenacious has been saddled with a long-term commit- dom, a communist regime had been over- defender of immigration reform. Working with ment to pay the rising costs of war and endure thrown in Lebanon and replaced by a pro- Congress and state governments, she has the continuing loss of life in Iraq. It is in this western government. This breathtaking con- been a devoted advocate on behalf of fair and context America’s hard-won lessons from its tradiction of historical fact was an example just immigration reform. Most notably, in 1985, past covert activities should be turned to, to to me of how effective the big lie can be, and MALDEF successfully halted the implementa- guide us in our current endeavors. has, particularly in recent months, reminded tion of California’s Proposition 187, which Mr. Speaker, I would like to include in the me to keep an open mind when it comes to assertions of fact by senior American policy- would have barred immigrants from receiving RECORD a copy of the following speech by makers. A case in point: On February 5th, public education, medical services, and other Professor Raymond H. Close delivered to the 2003, just one year ago, Secretary of State public benefits. Princeton Middle East Society at Princeton Colin Powell, in his now-famous report to Underlying all of MALDEF’s efforts is a University last month on the uses and misuses the United Nations Security Council, said steadfast commitment to political empower- of intelligence in the conflict with Iraq. this: ‘‘My colleagues, every statement I ment in the Latino community. With this in USES AND MISUSES OF INTELLIGENCE make today is backed up by sources, solid sources. These are not assertions. What mind, under Antonia Hernańdez’s leadership, (By Raymond H. Close) MALDEF has vigorously defended the Voting we’re giving you are facts and conclusions Today I want to describe to you the details based on solid intelligence.’’ Secretary Pow- Rights Act of 1965. In 1982, she helped to of a few specific situations that took place a ell’s use of the pronoun ‘‘we’’ in this state- create a new section of the Act that explicitly number of years ago where intelligence esti- ment was clearly intended to include CIA Di- outlaws discriminatory election practices. She mates and covert actions were employed, and rector George Tenet, whose face appeared also championed a bilingual provision to pro- in some cases deliberately distorted, in a right over Powell’s shoulder throughout the tect limited-English proficient voters. In order manner calculated to support policy objec- presentation. Tenet’s presence could only to ensure a strong political voice for Latinos tives of the U.S. Government that might have been intended to put the CIA’s official throughout the country, MALDEF led nation- otherwise not have received the support of stamp of approval on everything Powell was the American people and the approval of the wide census outreach campaigns in 1990 and reporting—even information that Tenet world community. From an assessment of must have known was highly questionable. 2000. Over the years, MALDEF has won those experiences in the past, perhaps we can The Bush Administration apparently felt many Latino-majority voting districts, one of draw some useful lessons to guide our intel- under pressure to strengthen its case for war which resulted in the first Latino seat in 100 ligence officials today in fulfilling their pro- in Iraq by persistent enhancement of what- years in Los Angeles County (1990 Garza v. fessional obligations more honestly and ap- ever intelligence happened to be available County of L.A.) and another which created the propriately. that seemed to support their policy objec- state of Illinois’ first Latino Congressional dis- My own experiences in the twenty years tives. The details of how that corruption was that I spent actually engaged in clandestine trict as a remedy for past discrimination in the implemented are much less important, how- operations in the Middle East were entirely ever, than the violation of principles that al- Chicago area (1995 King v. Illinois State in the areas of old-fashioned espionage and lowed a preemptive war to be initiated on Board of Elections). so-called covert action—which I define as the the basis of evidence that was known by the Antonia Hernańdez has worked to ensure effort to achieve specific strategic objectives senior levels of our government to be incon- that Latinos receive their fair share of public for the United States through secret inter- clusive, and even demonstrably false in some services, including access to medical insur- vention in the political processes of another cases. This misuse of intelligence will have ance, language translation for public services, country. As you all know, the term ‘‘covert long-term costs, first among which is that and fair and equitable treatment in land-use action’’ can also include the employment of American and world public opinion will, in decisions. Just one example is the 2001 case lethal violence in some situations to accom- future crisis situations, be so dubious about plish objectives that could not otherwise be the credibility of American intelligence that in which MALDEF won a case against the City justified by our own legal system or by hu- approval and support of other U.S. military of Poth, a South Texas town that finally manitarian principles, carried out by meth- actions overseas may be withheld by the agreed to pave the streets in its Latino neigh- ods designed to hide our government’s role international community even in situations borhoods. behind a shield of ‘‘plausible denial’’. where intervention is urgently called for. Mr. Speaker, Ms. Hernańdez is a visionary. Let me start by telling you about some of Secondly, the personal image of George W. Through her work at MALDEF, her service to my experiences in Lebanon during the years Bush relying on questionable information to the Latino community has truly improved lives 1952–1958, from which some lessons can still make life and death decisions has drastically and helped to carry out the organization’s un- be drawn, I think. compromised his credibility and effective- In 1957, I participated in a covert action ness as a national and world leader. Finally, wavering mission to remove obstacles that operation in Lebanon, explicitly ordered by the present crisis has revealed flaws in the prevent the Latino community from realizing its President Eisenhower, in which it was our way various intelligence agencies in Wash- dreams. We thank her for her many years of objective to keep a government in power ington evaluate their product, and how hon- public service and we are grateful that she will that was committed to the open and enthusi- estly and objectively it is packaged and mar- continue her work in the community as she astic support of American policy objectives keted to their customers in a competitive

VerDate mar 24 2004 03:37 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.011 E31PT1 E492 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2004 political arena in which the possession of al- structed all his officers who were working on with the political process to whatever ex- legedly ‘‘solid’’ secret information can pro- the terrorism target to read it. He particu- tent, and by whatever means, are necessary vide such a formidable advantage. larly appreciated the emphasis that I had to ensure that control of the country re- Another appropriate example, from which put on dealing with terrorism by patient mains with acceptably cooperative and com- valuable lessons can still be derived today, criminal investigation and cooperation with pliant Iraqis. I think that such an operation concerns events in Africa in the late summer other international law enforcement agen- would of necessity be anything but covert, of 1998, when the Clinton Administration re- cies rather than by what I had dubbed and I’m ready to predict that it will be a taliated against terrorist bombings of the ‘‘bombs and bombast’’. The intelligence indi- messy failure. My conviction that the CIA American embassies in Nairobi and Dar-es- cating that the pharmaceutical factory in will be directed to ensure the installation of Salaam by launching long-range Tomahawk Khartoum was producing a precursor of bio- a compliant new regime in Iraq is based on missiles at targets in Afghanistan and the logical weapons was completely incorrect— my experiences in Lebanon and elsewhere, Sudan. The missile attack on Khartoum, in another case of bad intelligence having been which demonstrated that men who occupy particular, because it was based on embar- seized upon to justify a violent military ini- the Oval Office seem inevitably to develop an rassingly inaccurate intelligence, made sub- tiative that proved to be unjustified and seri- irrational confidence that by pushing a but- sequent American counter-terrorism strat- ously counter-productive. Thomas Pickering ton they can have their dirty tricks depart- egy much more difficult to implement. At was Deputy Secretary of State for Political ment across the Potomac River in Langley that time, in September 1998, 1 wrote the fol- Affairs at the time. I clearly remember when perform a covert action operation to fix the lowing in an op-ed piece published in the this distinguished and highly respected problem—justifying the action as necessary Sunday Outlook Section of the Washington statesman, a former U.S. ambassador to Jor- to protect the freedom of the American peo- Post under the headline: ‘‘We Can’t Defeat dan, Israel, India, the Philippines and the ple and the welfare of all humanity. Terrorism with Bombs and Bombast’’. This United Nations, appeared on national tele- In my opinion, the hard reality is that is an extract from that article, written ex- vision to explain and defend the Clinton Ad- when push comes to shove, the Bush Admin- actly three years before 9/11: ministration’s Tomahawk missile attack on istration, for all its exalted protestations of ‘‘To launch missiles into countries with the Sudan, offering confident and positive virtue and Godliness, is not going to allow a which we are technically at peace—and to assurances of the accuracy of U.S. intel- government that defies U.S. policy objec- kill their citizens—is to declare that the ligence reports that the Daral-Shifa plant tives to take power in Baghdad. High prin- United States is free to make its own rules was a critically dangerous installation—put- ciples will, as I have seen so many times in for dealing with the international problem of ting himself in exactly the same humiliating my own experience, be compromised as nec- terrorism. What standing will we have in the position that Colin Powell is in today as a essary to produce results that can be pre- future to complain about any other country result of his similarly inaccurate testimony sented as justification for a preemptive war that attacks the territory of its neighbor, before the United Nations one year ago. costing thousands of human lives and un- citing as justification the need to protect Finally, I would like to take a look at counted billions of dollars. The end result itself from terrorism? Did those who author- some important features of the present situ- will be that the entire Middle East will be ized these attacks think through the long- ation in Iraq, looking again for lessons that destabilized, while the forces supporting and term implications of this short-sighted and should have been drawn from earlier experi- sustaining terrorism will be injected with dangerous precedent? ence, but were ignored. Here I am prepared new vigor. ‘‘Let’s get down to practical realities. The to go out on a limb with some current intel- new threat we face is often stateless, with- ligence estimates of my own. In other words, f out sovereign territory or official sponsor- I’m ready to make some predictions about IN HONOR OF SERGEANT LAVERN ship. Friendly governments around the the future, based on my own past experi- world—especially those with large Muslim ences. I offer these predictions with con- JOHNSON-REYNOLDS populations such as India, Pakistan, Egypt, fidence, but with sincere hopes that they will Turkey, Jordan, Indonesia, Malaysia, the prove to be wrong. HON. XAVIER BECERRA Gulf states and the new republics of Central The United States began its invasion of OF CALIFORNIA Asia—share a common need for internal and Iraq operating under a number of seriously regional stability. Terrorism is a weapon flawed expectations that were based on noth- IN THE HOUSE OF REPRESENTATIVES that threatens all civil authority. This set of ing other than bad intelligence, construed by Wednesday, March 31, 2004 circumstances provides an unprecedented in- dedicated ideologues to suit their own pre- Mr. BECERRA. Mr. Speaker, it is with the centive, which is to say a God-given oppor- conceived misjudgments. tunity, to establish new systems and proce- One expectation was that gratitude toward utmost pleasure and privilege that I rise today dures for intergovernmental cooperation, the United States for liberating their coun- to recognize, pay tribute to, and celebrate the even among states that may differ on other try from Saddam’s terrible dictatorship retirement of Sergeant Lavern Johnson-Rey- basic issues. But the fight against a silent would be the determining factor in shaping nolds. Joining the United States Capitol Police and hidden common enemy requires infinite Iraq’s political future, in defiance of over- on February 12th, 1979, Sergeant Reynolds patience and tact on the part of law enforce- whelming evidence that their own social and served our country honorably for over 25 ment agencies and intelligence services. It cultural heritage would inevitably take prec- years. During these 25 years of dedicated demands absolute secrecy, mutual trust and edence over American dictates. Secondly, professional respect. If the United States the U.S. has maintained a confident expecta- service, her duties entailed a variety of assign- loses its cool without warning, if it is seen tion that a new government of Iraq would ments, which included the United States Cap- by others as a loose cannon that resorts to grant the U.S. long-term leases on military itol Police’s Senate Division, Communications sudden violent action on a massive scale, the bases from which the U.S. could project its Division, Capitol Division and Criminal Inves- critically needed cooperation will not be power throughout the entire Middle East and tigations Division. Additionally, Sergeant there.’’ Later in the same article I added: Central Asian region for a long time into the Lavern Johnson-Reynolds served as an in- ‘‘President Clinton and others have labeled future. Another expectation has been that structor in the Training Academy for 10 years. all Islamic terrorists as members or ‘affili- the new Iraqi government will continue in She earned her promotion to Sergeant in De- ates’ of the ‘Osama bin Laden Network of the future to cooperate closely with the Terrorism.’ This is, of course, the common United States in the management of its oil cember of 1995. mistake of demonizing one individual as the and gas resources, even when Iraq’s own eco- On a personal note, Laverne married Dr. root of all evil. In fact, elevating bin Laden nomic and political needs might be in con- Gary Reynolds and gave birth to their daugh- to that status only gives him a mantle of flict with American objectives. And fourthly, ter Destiny Johnson-Reynolds during her ten- heroism now and, more ominously, will guar- the Bush Administration leadership (and es- ure on the force. antee him martyrdom if he should die. In- pecially the neo-cons and their allies in Con- Mr. Speaker, as family, friends and col- formed students of the subject have known gress) have all confidently expected that leagues gather to celebrate Sergeant Lavern for years that although the various militant Iraq would become a fully cooperative part- Johnson-Reynolds’ many accomplishments, it Islamist movements around the world share ner in dealing with the Israeli-Palestinian a common ideology and many of the same problem, even when U.S. policies are in con- is with great admiration and pride that I ask grievances, they are not a monolithic inter- flict with Iraqi conceptions justice. It is as if my colleagues to join me today in saluting this national organization. Our recent attacks. our intelligence experts have suffered total exceptional officer whose dedicated service unfortunately, may have inflamed their amnesia when it comes to the historic reali- will be sorely missed. She served our country common zeal and hastened their unification ties of nationalism in the Arab world. proudly with the United States Capitol Police and centralization—while probably adding My prediction is this: Any new political for over 25 years, training future officers, and hosts of new volunteers to their ranks. We group aspiring to leadership of Iraq must protecting this institution, Members of Con- are rolling up a big snowball.’’ recognize that its popularity and its credi- I received many complimentary messages bility will depend on the degree to which it gress, and staff. Mr. Speaker, I ask that the after that article appeared in the Wash- can demonstrate its independence (read that House of Representatives join me in con- ington Post, including one from Robert Bry- as ‘‘defiance’’) of American influence. When veying our appreciation for Sergeant Lavern ant, Deputy Director of the FBI, who invited this finally becomes apparent, the United Johnson-Reynolds’ dedicated service, and re- me to lunch and told me that he had in- States Government will decide to interfere ciprocate the honor she has illustrated through

VerDate mar 24 2004 03:37 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.015 E31PT1 March 31, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E493 her dedication, loyalty, and service to our Constable Wirs’ success story of over- ment coordination, the only remedy is in es- country. coming diabetes to participate in a sport he sence to sleep it off. This means that Pete f has longed to compete in since junior high Wirs would lose 52 days or over seven weeks school marks an important lesson for all of us. a year to diabetes. Over the past 25 years, di- NATIONAL OUTSTANDING YOUNG Today, diabetes is now epidemic, according to abetes has cost Mr. Wirs over 1,300 days or FARMERS AWARD the Centers for Disease Control, the National 185 weeks out of his life. It took all of his en- Institutes of Health, the American Diabetes ergies and effort to simply pursue his profes- HON. DOUG BEREUTER Association and other national healthcare sional career as a journalist, publisher and po- OF NEBRASKA leaders. This is all the more critical as more litical leader. He had nothing left for personal IN THE HOUSE OF REPRESENTATIVES and more Americans are suffering from obe- pursuits, leisure or sports, let alone a social life. Wednesday, March 31, 2004 sity. Unfortunately, this problem is not new. However, Pete Wirs always wanted to com- Mr. BEREUTER. Mr. Speaker, this Member President Kennedy, speaking at the 1962 pete in wrestling, the one sport he was shown would ask his colleagues join in congratulating Army-Navy Game in Philadelphia, asserted to be good at in junior high school physical Brad and Amy Williams of Cedar Bluffs, Ne- that: ‘‘We are under-exercised as a Nation.’’ education classes. However, back in the braska, for being one of the four winners of Kennedy initiated the President’s Council on 1960’s and 70’s, we didn’t know about Type II the 48th Annual National Outstanding Young Physical Fitness to urge America to pursue diabetes, only what today we call Type I or in- Farmers Awards presented by the U.S. Junior more exercise and sports in our daily life- sulin-dependent diabetes. Because Wirs’ Type Chamber (Jaycees) and the John Deere Com- styles. II diabetes was unknown, no one was able to pany. The 2004 awards event marked the Today, over one-third of all Americans are ascertain why he was so heavy, sluggish and 38th year that the John Deere Company spon- obese, and more then 60 percent of Ameri- constantly out of breath. His diabetes was fi- sored the program, which is administered by cans are overweight, according to the Centers nally diagnosed in 1975 by the late Philadel- The U.S. Junior Chamber (Jaycees), and sup- for Disease Control. Obesity is a major pre- phia Councilwoman Dr. Ethel D. Allen. ported by the Outstanding Farmers of America cursor for Type II diabetes, where the pan- Two years ago, Pete Wirs finally said Fraternity and the National Association of creas produces too much insulin or the body enough was enough, in his own words he was County Agricultural Agents. otherwise cannot process the insulin the pan- ‘‘sick and tired of diabetes controlling him, now Brad and Amy Williams both stated that creas creates. he was going to control diabetes.’’ Pete Wirs they didn’t think they would win. But win, they Diabetes is now an epidemic, as reported started to exercise every day. I would repeat- did. An AP wire article on the Williamses stat- by Time magazine this past December 8th, edly see him exercise at the Harrisburg ed, ‘‘The Cedar Bluffs couple underestimated 2003. 16 million Americans are expected to YMCA. Pete Wirs also started jogging, and themselves and their farming operation. Be- contract Type II diabetes. ‘‘Type II diabetes is now jogs five miles a day up and down Harris- fore the ceremony was over, they were in the increasingly being diagnosed in children and burg’s Riverfront Park through City Island. He spotlight.’’ And, it is a well-deserved spotlight adolescents,’’ according to the ADA National dropped from 250 pounds to 167 pounds. And as the couple won the award by farming 2,015 Diabetes Fact Sheet. Type II now appears to Pete Wirs got involved in the one sport he al- acres of corn, soybeans and hay along with be at the ‘‘highest risk’’ during puberty, ac- ways wanted to compete. It wasn’t an easy working a 2,700 swine farrow-to-feeder pig op- cording to the ADA’s October, 2003 issue of sport like golf, but among the most physically eration. Diabetes Forecast. While approximately one in and emotionally demanding sports man par- In addition, the Williamses have increased every 400 children and adolescents have Type takes in—wrestling. Today, Pete Wirs had his life back, so much their number of no-tilled acres during the past I diabetes; recent Government reports indicate that this past November 22nd, he got married, 16 years. In 2003, they used the no-till method that one in every three children born in 2000 to the very attractive Anna May Casper in His- on 65 percent of the 2,015 acres they farm will suffer from obesity, which as noted is a toric Old St. George’s Methodist Church inside thereby conserving soil moisture, reducing predominant Type II precursor. Independence National Historical Park in erosion and lessening soil compaction. In Among adults age 20–55; 8.3 percent of all Philadelphia. doing so, they also provided additional cover adult men will be inflicted with diabetes, while And on April the 8th, Pete Wirs, despite for wildlife including pheasants and quail. 8.9 percent of all adult women age 20 will being 49 years old and a heart attack victim, But, farming for Brad and Amy Williams is contract it. will become the first diabetic ever to step onto not just about conservation, it is also about Diabetes is even more prevalent among mi- an international freestyle wrestling mat in the keeping up with rapidly changing technology norities. 13 percent of African-Americans age USA Wrestling Nationals and Veterans Cham- and becoming more efficient. In all of these 20 and older, and 10.2 percent of all Hispanic- pionships at the Las Vegas Convention Cen- areas, Brad and Amy Williams’ efforts have Latino Americans have or will have diabetes, ter. paid off—not only in receiving this award for meaning that on average, Hispanic Americans Mr. Speaker, we don’t know whether Con- being Outstanding Young Farmers, but also are 1.9 times more likely to have diabetes stable Wirs will win or lose his first match. Al- about in being successful stewards of the than non-Hispanic whites of similar age. though in the Veterans Division, competitors land. As a result, diabetes represents a substan- are divided into both age and weight, there is f tial economic toll. In 2000, $91.8 billion was no doubt that Pete Wirs will be up against spent on direct medical costs for diabetes, seasoned, experienced amateur wrestlers. But ELECTED PUBLIC OFFICIAL BE- while an additional $39.8 billion was spent on no matter what the score, Pete Wirs will have COMES THE FIRST DIABETIC TO disability, work loss, premature mortality, etc., scored a morale victory by simply stepping STEP ONTO INTERNATIONAL resulting from diabetes. In other words, the onto the mat; by getting his diabetes under FREESTYLE WRESTLING MAT annual cost is $7,764 for every U.S. diabetic. control, and proving to all of us that physical Medical expenditures per capita for diabetics fitness is not a diet, a fad, but a life-long com- HON. TIM HOLDEN is 6.5 times that of nondiabetics. mitment to healthy eating, continuous exercise OF PENNSYLVANIA Yet, studies universally show that ‘‘lifestyle and sports activity. IN THE HOUSE OF REPRESENTATIVES interventions’’—this is to say a regimen of diet Mr. Speaker, so important is this milestone and exercise—can reduce development of dia- Wednesday, March 31, 2004 for all diabetics, the Pennsylvania Wrestling betes by 40 percent to 60 percent. However, Club of which Constable Wirs serves as exec- Mr. HOLDEN. Mr. Speaker, I rise today as lifestyle intervention requires discipline with a utive president, is administering a nationwide a member of the Congressional Diabetes Cau- tangible end result that is within reach. It republic service program to encourage diabetics cus to report on an extraordinary sports his- quires personal resolve, a lifelong commit- to commit themselves, as has Mr. Wirs, to a tory that soon unfolds. This April 8th, at USA ment. lifestyle of dietary control and exercise. Enti- Wrestling’s U.S. Nationals in Las Vegas, Peter That’s what makes the story unfolding this tled ‘‘Going for the Gold,’’ the campaign will J. Wirs, the elected State Constable for the April 8th at the USA Wrestling’s Nationals so award up to 500 ‘‘Diabetic Control Points’’ for City of Harrisburg’s Fourth Ward, will become impressive. Constable Wirs, a constituent and diabetics engaging in continuous exercise and the first diabetic ever to step onto an inter- good friend of mine, two years ago weighed participation in an organized amateur athletic national freestyle wrestling mat; notwith- over 250 pounds. Two years ago, his Type 11 sport, all while raising money for the American standing that Mr. Wirs is 49 years old; suf- diabetes was so out of control that Wirs would Diabetes campaign. fered a heart attack December, 2001; and suf- lose a whole day a week from insulin shock, Mr. Speaker, Constable Wirs is an inspira- fers from acute and chronic asthma. a situation where a diabetic loses motor move- tion to all diabetics and indeed to all of us. In

VerDate mar 24 2004 03:37 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.018 E31PT1 E494 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2004 President Kennedy’s words, Pete Wirs be- sense. Colorectal cancer screening is cost-ef- rative relationships between service agencies comes a ‘‘profile in courage’’ when he steps fective, considering that treatment for a patient and organizations improves the quality of serv- onto the freestyle wrestling mat this April 8th with an advanced form of cancer can easily be ice for those most profoundly and directly im- for his first competitive match. Our congratula- $40,000 or more. Preventive screening is pacted by sexual violence. tions to Constable Wirs, and all of his fellow good policy, good health care, and good eco- Ending sexual assault in Santa Barbara team members, coaches and boosters in this nomics. must include active public and private efforts important sports history in the making. I am therefore proud to introduce today the in collaboration with Santa Barbara Rape Cri- f Eliminate Colorectal Cancer Act, a bill to re- sis Center, including dialogue about what sex- quire insurers to cover a regular colorectal ual violence is, how to prevent it and how to PREVENTIVE SCREENING FOR cancer screening exam. Doctors and patients help survivors connect with crucial counseling COLORECTAL CANCER will be able to decide together the appropriate and support services. screening method and frequency of testing. As a nurse, I understand firsthand the im- HON. LOUISE McINTOSH SLAUGHTER My friend and colleague, Rep. PETER KING, portance of education as it pertains to OF NEW YORK has joined me as original cosponsor of this healthcare and to the prevention and elimi- IN THE HOUSE OF REPRESENTATIVES vital initiative. In the Senate, a companion bill nation of sexual assault. I commend the ef- is being introduced today by Senators ED- forts of the Santa Barbara Rape Crisis Center Wednesday, March 31, 2004 WARD KENNEDY and PAT ROBERTS. as they work to educate our community and Ms. SLAUGHTER. Mr. Speaker, I am I am pleased to report that a wide range of provide crucial services to victims and their pleased to re-introduce the Eliminate respected organizations have already lent their family members and significant others. Colorectal Cancer Act, a bill that can save the support to this initiative, including the Amer- I want to express my strong support for all lives of thousands of people who might other- ican Cancer Society. These organizations will programs aimed at the elimination of sexual wise fall victim to the only completely prevent- be working diligently to educate Members of violence and hereby proclaim April as Sexual able form of cancer. Congress about the need for this legislation Assault Awareness Month. Few people realize that colorectal cancer is and to urge their support for it. f the second leading cause of cancer death in The wall at the Vietnam Veterans Memorial the U.S. for men and women combined. It kills lists the names of 58,235 Americans who lost TRIBUTE TO LARRY DOYLE more Americans every year than either breast their lives over the course of that conflict. cancer or prostate cancer. An estimated Every year, we lose almost that many men HON. SANDER M. LEVIN 146,940 people will be diagnosed with this and women to colorectal cancer. But we have OF MICHIGAN cancer in 2004, and 56,730 will die from it. the power to eliminate colorectal cancer. I IN THE HOUSE OF REPRESENTATIVES This is an unspeakable tragedy because urge all of my colleagues to cosponsor the Wednesday, March 31, 2004 colorectal cancer is preventable, treatable, and Eliminate Colorectal Cancer Act and put us on Mr. LEVIN. Mr. Speaker, I rise to pay tribute curable when detected at an early stage. the path to realizing this worthy goal. to Larry Doyle, a friend and a talented local When colorectal cancer is detected before it f government administrator, who is retiring has spread, the five year survival rate is over today after 21 years of dedicated service to 91 percent. RECOGNIZING APRIL AS SEXUAL ASSAULT AWARENESS MONTH the city I am pleased to call home: Royal Oak, Further, colorectal cancer is the only cancer MI. we know how to prevent. If polyps are discov- Throughout his tenure, Mr. Doyle was in- ered in the colon, they can be removed before HON. LOIS CAPPS strumental in guiding the city of Royal Oak OF CALIFORNIA they become cancerous and the cancer will through many exciting changes. I have been IN THE HOUSE OF REPRESENTATIVES never develop. privileged to work with him and have seen first And yet tens of thousands of Americans Wednesday, March 31, 2004 hand his professionalism and his dedication to continue to die from this disease, mostly be- Mrs. CAPPS. Mr. Speaker, I rise today to the city and its residents. cause their cancer is detected at a later, less recognize April as Sexual Assault Awareness His service began during the initial stages of treatable stage. Month. Rape and sexual assault affects the city’s revival, first as Deputy City Attorney No one should die of colorectal cancer. This women, children, and men of all racial, cul- in 1983, then as city attorney in 1990. With cancer is preventable and detectable. It is tural, and economic backgrounds. I commend the completion of Interstate 696 on the south- slowgrowing and easy to stop in its tracks. the work of local organizations to end this type ern border, Royal Oak began reaping the ben- The fact that over 56,000 Americans die of of violence. efits of its central position in southeast Michi- this disease is nothing more than a massive The importance of these issues is illustrated gan. With his active involvement businesses failure of our preventive health system. by statistics that indicate that there were quickly utilized the location and the opening of For most Americans, two barriers effectively 10,176 forcible rapes reported in 2002; and diverse restaurants and unique shops brought block their access to colorectal cancer screen- that the Bureau of Justice Statistics estimates visitors as frequently as local residents. ing: ignorance, and lack of insurance cov- that over 70 percent of rapes are never re- After a nationwide search, the city leader- erage. Many people simply don’t realize they ported to police; and that one in three women, ship rightly asked Larry to take the manage- are at risk. When they are educated by their one in four girls, one in six boys and one in ment helm of the city in 1994. Over the fol- doctors and other sources, however, the vast eleven men will be victims of sexual violence lowing years, he set policies that aided in majority are ready to undergo screening. at least once in their lifetimes. bringing the city a new ice arena, a new dis- This brings them to the second major obsta- While one person, organization, agency or trict court, improvements in city parks, as well cle—insurance coverage. Not all insurers community cannot eliminate sexual assault on as tremendous growth in property values. cover colorectal cancer screening, even for their own, we must work together to educate These efforts lead to the recent ‘‘Cool City’’ those groups at higher risk. All men and our entire society about what can be done to designation by Governor Jennifer Granholm, women over the age of 50 should be screened prevent sexual assault, as well as to support not only for a vibrant downtown, but for a de- regularly, as well as those under 50 at high survivors and their significant others, and in- sirable hometown community for residents. risk. Screening tests are crucial because crease support for agencies providing these Larry’s commitment to the city did not end colorectal cancer often causes no symptoms services. with the workday. As an advocate and a resi- until it is widespread. Santa Barbara Rape Crisis Center has led dent, he can be found supporting any number A recent Lewin Group study of the insur- the way in Santa Barbara in addressing sexual of local events such as the Woodward Dream ance plans offered under the Federal Employ- assault by providing 24-hour hotline services Cruise or the St. Patrick’s Day Parade. The ees Health Benefits Program (FEHBP) is illus- to survivors and their significant others, re- people of Royal Oak have indeed been well- trative. Lewin researchers reviewed the plan sponding to emergency calls, offering support served by all of his efforts. materials offered to subscribers to determine and comfort to those impacted by sexual as- Mr. Speaker, I ask my colleagues to join me which covered the full range of colorectal can- sault during medical exams, criminal pro- in recognizing a dedicated public servant. I am cer screening methods. In 2002, only 3 per- ceedings, and empowering those impacted by pleased to join with the residents of Royal Oak cent of FEHBP plans covered screening sexual assault to chart their own course for in thanking Larry Doyle for his service to our colonoscopy. In 2003, that number jumped healing. community and wishing him and his wife of 30 dramatically to 28 percent. Clearly, insurers Santa Barbara Rape Crisis Center has set years, Sue, good health, happiness and suc- are realizing that these screening exams make an important example of how forging collabo- cess in the years ahead.

VerDate mar 24 2004 03:37 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A31MR8.022 E31PT1 March 31, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E495 RECOGNIZING THE PUBLIC SERV- Among her other civic activities, Millie has THE AMERICAN LEGACY ICE OF THE UNION LEADER AND served as president of the PTA and two wom- FOUNDATION WMUR–TV en’s federated clubs, as a member of the State Mental Health Task Force, and as a HON. JAMES R. LANGEVIN HON. CHARLES F. BASS Sunday School teacher at various churches in OF RHODE ISLAND the communities in which she has lived. Even OF NEW HAMPSHIRE IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES at the age of 90, Millie is still an active mem- Wednesday, March 31, 2004 Wednesday, March 31, 2004 ber of the Boards of the Mississippi County Community Sheltered Workshop and the East Mr. LANGEVIN. Mr. Speaker, I rise on this, Mr. BASS. Mr. Speaker, it gives me great Prairie Housing Authority. the fifth anniversary of the American Legacy pleasure to announce significant milestones Not only has Mildred Wallhausen changed Foundation, to recognize the tremendous for two New Hampshire institutions: 141 years our communities, she has forever changed the strides this organization has made in improv- for the Manchester Union Leader and 50 lives of the people who call them home. She ing the health of millions of Americans. years for WMUR–TV. Through its various programs such as Circle As Presidential candidates competing in our has always looked upon her responsibilities at of Friends, Great Start, and Priority Popu- First-in-the-Nation Primary can tell you every 4 her newspaper as a form of public service. As lation, as well as its Truth Campaign, the years—and I can tell you every day—these a personal hero of mine, she has shown un- Foundation has played a tremendous role in media outlets provide vital information to thou- common strength in her desire to both do promoting both the cessation and the preven- sands of Granite Staters every day. The Union good through her own actions and commu- tion of tobacco use in our country. As the larg- Leader has done it since March 31, 1863— nicate good through her work. She is an in- est youth smoking prevention campaign in the WMUR for the past 50 years this month. valuable servant of our Nation, and she is an The breadth and depth of the coverage example for women everywhere. United States, the Truth Campaign in par- these different sources provide ought to be a Congratulations Millie, on your 90th birth- ticular has been cited as a factor in the current model for local press everywhere. One is lo- day, and thank you for your guidance and 28-year low in youth smoking rates. cally owned and the other by one of the kindness to me, your community, State, and Smoking costs our society not only in the world’s largest diversified communications Nation. lives lost but also in the billions of dollars companies. spent on related health care. Smoking is the At a time when citizens have access to f leading cause of preventable deaths in our more sources of news, weather, and entertain- country, killing 440,000 people each year, and ment than ever before, each is a significant COMMENDING THE TAIWAN exposes thousands of children to the harmful part of the New Hampshire community and a PRESIDENTIAL ELECTION effects of second-hand smoke. I strongly hope respected center of journalism. that the American Legacy Foundation will con- I offer my congratulations for the Union tinue to receive the Federal funding it needs in Leader’s and WMUR’s many decades of com- HON. CAROLYN B. MALONEY order to carry out its campaign for a tobacco- munity service and best wishes for continued OF NEW YORK free nation. Mr. Speaker, I thank you for allow- coverage in the decades to come. IN THE HOUSE OF REPRESENTATIVES ing me to recognize the American Legacy f Foundation for its ongoing contributions to the Wednesday, March 31, 2004 health of our great nation. HONORING MILDRED WALLHAUSEN Mrs. MALONEY. Mr. Speaker, I rise to com- f mend the voters in Taiwan, an astounding 80 HON. JO ANN EMERSON percent of whom participated in the recent HONORING THE LIFE OF CESAR E. OF MISSOURI Presidential election, for once again dem- CHAVEZ IN THE HOUSE OF REPRESENTATIVES onstrating their commitment to exercising their Wednesday, March 31, 2004 democratic rights. HON. HILDA L. SOLIS Mrs. EMERSON. Mr. Speaker, I rise today Taiwan’s political system has undergone OF CALIFORNIA to honor the accomplishments of Mildred dramatic changes. Fifty years ago the country IN THE HOUSE OF REPRESENTATIVES Wallhausen, a great Missourian, a great Amer- was ruled by an authoritarian dictatorship Wednesday, March 31, 2004 ican, and a great friend of mine. Millie is more under martial law. Today it is a vibrant, multi- than a hero to the many men and women party democracy, having completed its third di- Ms. SOLIS. Mr. Speaker, I am proud to rise whose lives she has touched—she is a men- rect Presidential election. Taiwan has robust today to recognize and celebrate the birthday tor. I and many others owe Millie a tremen- political parties with free and fair elections at of Cesar E. Chavez. Cesar Chavez, an icon in dous debt of gratitude for her selfless service. all levels of government. the Latino community and beyond, would have Millie will turn 90 on April 3, 2004. For the The margin of the Presidential victory in Tai- been 77 today. great majority of her 90 years, she has partici- wan was very small. However, recount issues Cesar Chavez was born near Yuma, Ari- pated in the public life of my congressional and open demonstrations were part of the zona, and grew up in migrant labor camps, district. For 68 of her 90 years, Millie has been democratic process in which free expression is into the poverty of a migrant worker’s life. He a member of the newspaper staff of the revered and protected. These impassioned became a historical figure who embodied hu- Charleston Enterprise-Courier. She and her times are the tests of true democracies. mility and extraordinary strength in his peace- family have published the paper since her ful struggle towards social justice. He dedi- Taiwan and the United States share a husband’s death in 1969. cated his life to tirelessly championing the strong bond in their commitment to the ideals Over the years, Millie has served as re- rights of farm laborers and along with Dolores of a free society. Taiwanese-Americans, many porter, photographer, editorialist, bookkeeper, Huerta, founded the United Farm Workers living in the New York City area, are a vital file clerk, advertising salesperson, and editor union, fighting for better wages, conditions and part of that relationship. The Taiwanese-Amer- in addition to her long service as publisher. respect for farmworkers. ican community, which numbers in the hun- She is a member of the Missouri Press Asso- I have introduced the Cesar E. Chavez dreds of thousands, is actively engaged in our ciation Hall of Fame. Lands Legacy Act (H.R. 1034) to ensure that Millie cannot be defined in terms of the titles own political system, and its citizens are en- Americans can fully understand his life, vision, she has held at the newspaper, however. She thusiastically involved in the betterment of and impact on improving the lives of millions has been a pillar of her community. Serving local communities across our country. of Americans. I hope that his legacy and on nearly every committee in the community As we hope for dialogue and stability in memory will someday become a fundamental and encouraging participation in public affairs cross-strait relations, we can also hope that piece of American history so that all Ameri- are just the start. After the death of her hus- one day the people of mainland China will be cans will understand the fight that Cesar Cha- band, Millie adopted three young women, able to select their own leaders by democratic vez began in the fields, a fight for social jus- wards of the juvenile court, and provided a means. tice, civil rights, and human rights that constable home environment for them. Millie knew Today, I commend the people of Taiwan for tinues today. Thanks to this fight, the Latino firsthand the value of an adult role model to embracing democratic ideals and providing an community, including myself, has been able to these girls, she herself was orphaned at the important symbol of freedom in the Asia-Pa- enjoy certain benefits and privileges that oth- age of 4. cific region. erwise might not have been possible.

VerDate mar 24 2004 03:37 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A31MR8.026 E31PT1 E496 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2004 TRIBUTE TO CESAR CHAVEZ He has left an enormous legacy that has fields, in the kitchens, or in our factories, the provided hope for the hopeless, inspiration for blue-collar worker is an invaluable resource to HON. JOE BACA the uninspired, and the prospect of a better America and to the American economy. OF CALIFORNIA life for all. It is important that these workers be treated IN THE HOUSE OF REPRESENTATIVES For those of us that have ever lost faith, with the respect and dignity that they deserve Cesar Chavez teaches us never to give up. and that all the rights afforded to those work- Wednesday, March 31, 2004 With hard work and the belief that all men ing in air conditioned offices is also extended Mr. BACA. Mr. Speaker, I rise today to pay and women are indeed created equal, we can to those working in the sun heated fields and tribute to an individual of great significance to aspire to greater things. the like. the history of our country. He provided a voice I urge all my colleagues to honor Cesar America has seen few leaders like Chavez. for those that could not be heard and hope for Chavez and his legacy, not only on this day, He is in a rare group of people who made those that no longer believed. but every day. their life mission count. His life and his deeds Above all, Cesar Chavez was a man who His inspirational words will always ring true: have left a lasting imprint on American history. fought for those that could not fight for them- Si, se puede! Yes, we can! We can only hope to continue to fulfill his vi- selves. Through his nonviolent struggle for f sion as we walk through the halls of Congress economic and social equality, Cesar touched to create a better tomorrow for the Hispanic the lives of millions of people and inspired a HONORING THE 77TH ANNIVER- community and all Americans. SARY OF CESAR CHAVEZ’S generosity of spirit and love for our fellow f man. BIRTHDAY Born of a Mexican immigrant, Cesar Chavez HONORING NATIONAL WOMEN’S grew up working with migrant farm workers, HON. CIRO D. RODRIGUEZ HISTORY MONTH toiling in the fields while receiving below aver- OF TEXAS age wages. IN THE HOUSE OF REPRESENTATIVES HON. KAREN McCARTHY His firsthand knowledge of the plight of the Wednesday, March 31, 2004 OF MISSOURI farm worker helped shape Cesar’s beliefs and IN THE HOUSE OF REPRESENTATIVES Mr. RODRIGUEZ. Mr. Speaker, I rise today led him to become an advocate for the mi- Wednesday, March 31, 2004 grant working community. as we honor Cesar Chavez on the anniversary He committed himself to organizing these of his 77th birthday, and ask the Members of Ms. MCCARTHY of Missouri. Mr. Speaker, I workers to campaign for safe and fair working the House to join us in paying respects to a rise today to honor National Women’s History conditions, reasonable wages, decent housing, man who brought awareness of labor injus- Month. The National Women’s History Project and outlawing child labor. tices to national light. His efforts made a path was founded in 1980 and is a non-profit edu- As the founder of the National Farm Work- for all those who came after him, so that they cational organization committed to recognizing ers Association, he provided hope that farm would be able to continue his fight for justice. and celebrating the diverse and significant his- workers may one day realize the basic protec- Cesar Chavez grew up in the fruit and vege- torical accomplishments of women. The legacy tions and rights deserved by all Americans. table fields, working the land with his own of others who shaped society inspires one’s His influence, however, extends far beyond hands from dawn to dusk. He knew the injus- own longings to contribute. For young women, agriculture. tices that faced labor workers on a daily basis, role models can inspire their sense of what is He organized voter registration drives in and understood the need for change. possible. Knowledge of women’s strengths urban areas, initiated complaints against mis- From those fields, Chavez rose to be the and contributions builds respect and nourishes treatment by police and welfare officials, and head of the United Farm Workers of America self esteem. empowered workers to seek advancement in (UFW) instilling in the UFW the principles of During Women’s History Month, our nation education and politics. non-violence practiced by Gandhi and Dr. celebrates the many accomplishments of To gain national attention to the growing Martin Luther King, Jr. women. Women are leaders in business, gov- civil rights movement, Cesar frequently staged When the UFW began striking in the 1960’s, ernment, law, science, medicine, the arts, edu- non-violent strikes, boycotts, and pickets. to protest the treatment of farm workers, the cation, and many other fields. As bosses, He also used fasting as a way to peacefully strikers took a pledge of non-violence, deter- mothers, sisters, daughters, wives and friends, protest without resorting to the violence that mined not to detract from the message of im- they bring compassion and integrity to our existed throughout our society. proved labor conditions. work spaces and community settings and However, many in his community refused to For those of us who lived through this tu- teach our children the values that make our accept his notion of equality and resorted to multuous time period, we heard of the great country great. killing and beating of many of his workers. odds Chavez faced as he led a successful Thousands of outstanding Kansas City Yet through it all, Cesar never wavered in five-year strike-boycott. Through this boycott, women have left their mark on our community his commitment to La Causa. Chavez was able to forge a national support by blazing new trails; by being the first woman He was a dedicated champion of equal coalition of unions, church groups, students, to make a significant contribution in the great- rights; not just for farm workers, but for all minorities, and consumers. er metropolitan area. A beloved woman in Americans. By the end of the boycott everyone knew Kansas City, known as the matriarch, is the This was recognized in 1994 when he be- the famous inspirational chant ‘‘Si se puede!’’ late Lucille Bluford. Always a voice of con- came only the second Mexican-American to — ‘Yes we can’. The chant unified diverse science and reason, a woman of influence and be honored with the highest civilian award in groups by encouraging them to become active great moral character, she began her career in the United States: the Presidential Medal of participants, by taking pride in with what is just 1930 as a reporter for The Kansas City Call. Freedom. and fair while all along preserving the dignity After owner Chester A. Franklin died in 1955, This is why I stand here today on his birth- of their efforts. Ms. Bluford became managing editor, pub- day. I have previously introduced a resolution Chavez also spoke out in other areas and lisher and the first woman owner of a news- urging Congress and the President to declare helped communities to mobilize by assisting paper in the community. Her leadership, guid- this day a national holiday to honor this great them with voter registration drives and insist- ance and direction raised the consciousness Latino visionary. ing that minority communities had just as of the African American community to the But today, I want to further honor this great much a right to have equitable access to edu- struggles of the Civil Rights Movement in the leader by introducing a bill that awards him cational opportunities. 60s and 70s and rallied the readers to call for the Congressional Gold Medal. To this day Chavez’s legacy lives on. His in- political action. In 1990, the University of Kan- With faith, discipline, and soft-spoken humil- fluence can be seen in the legislation that sas awarded her it’s Distinguished Service Ci- ity, Cesar Chavez led a very courageous life. comes to this very floor. Legislation that aims tation, the highest honor to be bestowed upon His tremendous passion and resolve to fight to provide for our children’s education, im- a KU graduate for service to humanity. She for civil rights was an exhibition in selflessness prove healthcare in our community, and en- was the second African American student to and love. sure our civil rights and liberties are re- major in journalism at KU. Among her many By awarding him the Congressional Gold spected. countless awards, she received an honorary Medal, we are saying that we understand We must also continue the fight to ensure doctorate from the University of Missouri, these sacrifices that Cesar Chavez made for that in today’s world, the rights of workers are which years earlier denied her admission. In our country. still protected. Whether it’s working in the 1939, she bravely sued MU, but lost the case.

VerDate mar 24 2004 03:37 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.031 E31PT1 March 31, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E497 While she may have lost that battle, her action As a result of our work, the Territorial High- Dr. Obler started his path in education at prompted a series of legal challenges that ulti- way Program (which includes American New York University and earned his doctorate mately led to the abolishment of the ‘‘separate Samoa, Guam, the U.S. Virgin Islands and from the University of Wisconsin before land- but equal’’ doctrine in education. CNMI) will be increased from $33 million to ing at the UNC Department of Political Ms. Bluford’s career accomplishments $40 million for FY 04, FY 05 and FY 06. For Science. A teacher of international relations opened doors for another female entrepreneur FY 07, FY 08 and FY 09, funding will increase and political philosophy, he was a leading aca- in journalism, Clara Reyes, who started Kan- to $50 million. Despite the Transportation Act demic voice on campus and an outstanding sas City’s first bilingual newspaper, Dos (now known as TEA–LU) being $100 billion citizen in the greater community. For more Mundos, in 1981 in her basement. She had less than what was originally proposed, the than 25 years of his life, Dr. Obler served the sold real estate to people from different coun- Territorial set aside will increase by 23.6%. university with distinction, touching the lives of tries who often asked where to find bilingual Moreover, I have worked closely with Chair- countless students and leaving an indelible professionals. Reyes took it upon herself to fill man YOUNG and Ranking Member OBERSTAR mark on the community. the void. She did not know much about the to include $14 million for high priority projects Dr. Obler’s work, which focused on the link publishing world, but thought that if she could in American Samoa. This funding is in addition between moral theory and public policy, has sell real estate, she could surely sell adver- to American Samoa’s annual federal highway been published in many prestigious academic tising. funds and will be used for village road im- journals, including Political Theory, Compara- For more than 20 years, Clara Reyes has provements, drainage mitigation, shoreline tive Politics, and the British Journal of Political been a strong voice in the Hispanic commu- protection and upgrades and repairs of the Science. He received numerous awards and nity who wrote about issues important to Ta’u ferry terminal facility. distinctions during his tenure at UNC, includ- Latinos in the Greater Kansas City area. Clara In consultation with the Honorable Togiola ing two Tanner Teaching Awards and a Stu- Reyes has helped ‘‘Dos Mundos’’ grow to be- Tulafono, Governor of American Samoa, I dents’ Undergraduate Teaching Award. Yet come one of the leading bilingual newspapers have asked the Committee to set aside $9.4 Dr. Obler’s most meaningful legacy was built in the Midwest dedicated to serving the com- million for village road improvements in the through his unparalleled dedication to teach- munity through daily news and information. Eastern, Western, Central and Manu’a districts ing. Martha W. Gilliland, Ph.D., Chancellor of the of American Samoa. In the classroom, Dr. Obler displayed an in- University of Missouri-Kansas City holds a In further consultation with Senator Tuaolo tellectual curiosity that never waned, inspiring doctorate in environmental engineering/sys- Fruean and High Paramount Chief Mauga and his students to join him in the pursuit of knowl- tems ecology from the University of Florida. members of the Pago Pago council of chiefs, edge with a style of teaching that was more On August 30, 2002, she received a pres- we have also set aside $1 million for drainage engaging conversation than lecture. He could tigious national honor from the Policy Studies mitigation for Pago Pago village roads. explain complex moral and political arguments Organization: ‘‘Top Public Policy Practitioner.’’ In consultation with Senator Tago with depth and conviction, while always en- Under her leadership, UMKC, has estab- Suilefaiga, Representative Fagasoaia couraging students to arrive at their own con- lished a progressive and ambitious agenda for Lealaitafea and Representative Mary Taufete’e clusions and beliefs. This accessible style the urban campus of 14,000 students. Chan- and members of the Nuuli council of chiefs, made Obler a favorite among undergraduates, cellor Gilliland and her leadership team are we have set aside $1 million for shoreline pro- who regularly lined up outside his door during poised to transform UMKC into a 21st century tection and drainage mitigation for Nuuli vil- office hours to seek his mentorship on issues institution and a national model in scholarships lage roads. large and small. and creative activity by attracting and nurturing In consultation with Senator Faamausili Pola His abilities also won him great respect responsive community leaders while providing and members of the Ta’u village council of among his peers in the UNC faculty, many of the resources to achieve the University’s vi- chiefs, we have set aside $1.6 million to up- whom have described him as the best class- sion of creating a vibrant environment of learn- grade and repair the Ta’u harbor facility. room professor in the department. This re- ing and campus life experience. Finally, in consultation with Senator Faiivae spect was so great that Dr. Obler was se- Today, the vision of these Kansas City Galea’i, Senator Lualemaga Faoa and mem- lected from among the entire political science women: Lucille Bluford, Clara Reyes and Mar- bers of the Leone and Malaeloa councils of faculty to lead a course about teaching meth- tha Gilliland, inspire women in our community chiefs, we have set aside $1 million for drain- ods for graduate students. He also served the to blaze new trails and seek their dreams. age mitigation for Malaeloa-Leone village department as Director of Undergraduate Mr. Speaker, please join me in honoring Na- roads. Studies and Director of Internships and tional Women’s History Month, as we cele- Again, I thank my colleagues, both Demo- Awards. brate the many ways women strengthen and crat and Republican, and I also thank the local Dr. Obler is survived by his two children, a enrich America. Their lives and work provide leaders of American Samoa, including Gov- long-time companion, and students like my guideposts of hope for our future and for our ernor Togiola, for working closely with me to staffers who will forever treasure the lessons children, and remind us all of what the human make sure that American Samoa’s needs are he has taught them. His legacy is one that will spirit can achieve when our collective eyes are addressed in this historic and important initia- be treasured for generations. fixed upon helping reach our greatest poten- tive. tial. I salute them one and all in honor of Na- I urge passage of this bill and I again com- f tional Women’s History Month. mend Chairman YOUNG and Ranking Member ARTS ADVOCACY DAY f OBERSTAR for their leadership and support. f IN SUPPORT OF H.R. 3550 HON. KAREN McCARTHY HONORING JEFFEREY OBLER OF MISSOURI HON. ENI F.H. FALEOMAVAEGA IN THE HOUSE OF REPRESENTATIVES OF AMERICAN SAMOA HON. DAVID E. PRICE Wednesday, March 31, 2004 IN THE HOUSE OF REPRESENTATIVES OF NORTH CAROLINA Ms. MCCARTHY of Missouri. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES Wednesday, March 31, 2004 rise today to recognize and support Arts Advo- Mr. FALEOMAVAEGA. Mr. Speaker. I rise Wednesday, March 31, 2004 cacy Day. I would like to thank the artists who today in support of H.R. 3550, the Transpor- Mr. PRICE of North Carolina. Mr. Speaker, have come to Capitol Hill to visit with mem- tation Act—A Legacy for Users (TEA–LU). I I rise today in honor of Jeffrey Obler, longtime bers of Congress regarding support for arts am pleased that my good friends Chairman professor of political science at the University education as essential to the creative inge- DON YOUNG and Ranking Member JIM OBER- of North Carolina at Chapel Hill. He lost his nuity of the cultural fabric of our society. We STAR of the House Transportation Committee battle with pneumonia last Saturday at the age appreciate their extraordinary talent and we have agreed to increase transportation funding of 62. welcome them to Washington. for the Territories. I, knew Jeff as a fellow educator and col- The Congress must provide sufficient fund- Congresswoman MADELEINE BORDALLO league, and several members of my staff who ing for arts education in our schools and the (Guam), Congresswoman DONNA attended Carolina also knew him as a mentor, National Endowment for the Arts. These pro- CHRISTENSEN (VI) and I have worked on this one with an extraordinary talent for teaching. grams are vital to supporting the creation, issue for the past year and Congressman NICK It is at their request—and utilizing their preservation and presentation of the arts and RAHALL, Ranking Member of the House Re- thoughts, words, and memories—that I rise humanities in America. In my district, numer- sources Committee, has supported our efforts. today in his honor. ous schools have taken essential steps toward

VerDate mar 24 2004 03:37 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.033 E31PT1 E498 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2004 integrating arts education in their student’s help them earn status as lawful permanent ally—and I’m being very frank—maybe it’s just daily routines. Unfortunately, budget cuts residents, secure a path towards citizenship, a matter of trying to even the score.’’ threaten the longevity of these programs. and pursue opportunities in higher education. But he ultimately failed to realize his dream Studies have demonstrated that reading and Mr. Speaker, we must keep in mind that im- of forging a nationwide organization. In most math scores improve with participation in arts migrants make indispensable contributions to of America, farm workers continue to toil for education classes. A U.S. Department of Jus- our economy. They compose an increasingly low wages, without job security. They are still tice study found that arts education reduced essential proportion of our workforce. Their tax vulnerable to exploitation. student delinquency in San Antonio by 13% payments help finance government programs, Along with thousands of other families dur- and increased the communications skills of of which they are both users and beneficiaries. ing the depression in the Southwest, Cesar students in Atlanta by 57%. Test Results from Making immigrants true stakeholders in our Chavez’s family fell on hard times. They the College Board have shown that college society means not only bringing them out from sought a new life in California. They found it bound students involved in the arts and hu- the shadows of the undocumented, but also picking carrots, cotton and other crops in arid manities have higher overall SAT scores that providing them access to lawful permanent valleys, following the sun in search of the next other students. I’m proud to have been part of residency status. Ultimately, the value of immi- harvest and the next migrants’ camp. Mr. Chavez never graduated from high the legislative effort to empower the Secretary grants to our society should not be valued just school, and once counted 65 elementary of Education to fund arts education programs in dollar terms. Rather, we should measure schools he had attended ‘‘for a day, a week or in our schools through the No Child Left Be- the enrichment to our culture and the overall a few months.’’ hind Education Act of 2003. vitality immigrants bring to American society. Beginning with the Industrial Workers of the Beyond our borders, the WTO must stand I remain committed to improving the lives of World at the turn of the century, unions tried firm against the piracy of our artists’ intellec- all immigrants in this country, and I will con- for decades to organize immigrant unskilled tual property. We in Congress must strengthen tinue advocating for programs that offer immi- workers, first Chinese, then Japanese and our commitment and effort with our trading grant workers meaningful access to perma- later Filipinos and Mexican-Americans, on partners to end piracy. Theft of intellectual nent legal status and a clear path towards citi- whom California growers depended. property has a significant economic affect on zenship. Today we can still hear Mr. Chavez But the field hands, their organizing drives the United States. The recording industry, for say his chant of encouragement, pride and vulnerable to the competition of other poor mi- example, reports a loss of $286 million in dignity: ‘‘Sı´, se puede!’’—yes, it can be done. grants seeking work, found themselves fight- sales with our trading partner, China. In addi- Mr. Speaker, thank you for letting me ad- ing not only powerful growers, but also the po- tion, market access and investment barriers dress the House of Representatives today to lice and government officials. prevent the entertainment industry from serv- honor Mr. Chavez on the occasion of what By 1965 Mr. Chavez had organized 1,700 ing markets overseas thus and increases de- would have been his 77th birthday. families and persuaded two growers to raise mand for pirated U.S. entertainment products. f wages moderately. His fledging union was too The Congress and the United States Trade weak for a major strike. But 800 workers in a HONORING THE BIRTHDAY OF Representative need to work together to apply virtually moribund AFL–CIO group, the Agricul- CESAR ESTRADA CHAVEZ pressure to the governments of countries tural Workers Organizing Committee, struck where piracy is rampant. grape growers in Delano. Some of the mem- Mr. Speaker, please join me in paying trib- HON. EDDIE BERNICE JOHNSON bers of his group demanded to join the strike. ute to Arts Advocacy Day. OF TEXAS That was the beginning of 5 years of La f IN THE HOUSE OF REPRESENTATIVES Huelga—‘‘the strike’’—in which the frail labor Wednesday, March 31, 2004 leader, who was 5 feet 6 inches tall, became HONORING CESAR CHAVEZ ON HIS familiar to people in much of the world as he 77TH BIRTHDAY Ms. EDDIE BERNICE JOHNSON of Texas. battled the economic power of the farmers and Mr. Speaker, I rise to speak in honor of Cesar corporations in the San Joaquin Valley. HON. MICHAEL M. HONDA Chavez. Cesar Chavez was born on this day A New York Times article stated, ‘‘He was OF CALIFORNIA in 1927. shy and not an outstanding public speaker. IN THE HOUSE OF REPRESENTATIVES Cesar Chavez once said, ‘‘Real education But he showed humility that, with his shyness should consist of drawing the goodness and and small stature, piercing dark eyes and fa- Wednesday, March 31, 2004 the best out of our own students. What better cial features that hinted at Indian ancestors, Mr. HONDA. Mr. Speaker, I rise today to books can there be than the book of human- gave him an image as a David taking on the honor Cesar Chavez on his birthday. I ask the ity?’’ He believed that ‘‘the end of all education Goliaths of agriculture. members of the House to join us in paying our should surely be service to others.’’ It is a be- Mr. Chavez’s style was monastic, almost re- respects to a man who brought awareness of lief that he practiced until his untimely death. ligious. He said his life was dedicated only to farm labor injustices to national light, and who In Dallas, Texas where I serve, to honor his bettering the lives of the exploited farm work- made a path for all those who came after him. love for education, the city opened the Cesar ers. He was a vegetarian, and his weekly sal- Chavez’s legacy continues to live on today. Chavez Learning Center. The Center enrolls ary of $5 was a virtual vow of poverty. Articles His influence can be seen in the legislation almost 900 students and maintains an attend- about him often spoke of his ‘‘saintly’’ and that comes to this very floor. Recently, Leader ance rate of 96.6 percent. even ‘‘messianic’’ qualities. PELOSI and I have joined national civil rights Mr. Chavez could have written his own book By 1968, Mr. Chavez had urged Americans leader John Lewis, in introducing H.R. 3809, on humanity and service to others. He was not to buy table grapes produced in the San the FAIRNESS Act, comprehensive civil rights willing to sacrifice his own life so that others Joaquin Valley until growers agreed to union legislation that will protect workers from dis- could have a better life. He built a great union contracts. The boycott proved a huge success. crimination and workplace abuse. through persistence, hard work, faith, and non- A public opinion poll found that 17 million We also continue the fight to ensure that in violence. Americans had stopped buying grapes be- today’s world, the rights of workers are still Blending the nonviolent resistance of Gan- cause of the boycott. protected. That is why those of us who work dhi with the organizational skills of his mentor, On April 29, 1993, Cesar Chavez was hon- daily on the issues of fairness, justice and eq- the social activist Saul Alinsky, Mr. Chavez ored in death by those he led in life. He left uity know that even though we have been captured worldwide attention in the 1960’s. this world better than he found it and for that fighting these battles for more than half a cen- Leading an initially lonely battle to unionize the we honor him today. tury, we have not won the war and discrimina- fields and the orchards of California, he issued f tion still exists. That is why it is important to a call to boycott grapes. It soon became the ATTACKS ON ETHNIC SERBS IN ensure our laws stay current with the times. cause to celebrate. KOSOVO We cannot allow loopholes to create a situa- Mr. Chavez, who was described by Robert tion where it is legal to discriminate against F. Kennedy in 1968 as ‘‘one of the heroic fig- segments of our population. Under the Fair- ures of our time,’’ was widely acknowledged to HON. THOMAS G. TANCREDO OF COLORADO ness Act all workers—and that is a very im- have done more to improve the lot of the mi- IN THE HOUSE OF REPRESENTATIVES portant point—all workers may obtain relief for grant farm worker than anyone else. unfair labor practices. Asked what had motivated his stubborn Wednesday, March 31, 2004 As you know, Democrats in Congress have fight, he said, ‘‘For many years I was a farm Mr. TANCREDO. Mr. Speaker, the values of advocated on behalf of immigrants for years to worker, a migratory worker, and, well, person- Western civilization are being tested in Kosovo

VerDate mar 24 2004 04:24 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.037 E31PT1 March 31, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E499 today. Since Wednesday, March 24, 30 Ser- measures to protect diplomatic missions and performance at the Bay Hill Invitational Golf bian Orthodox churches and monasteries dat- minority cultural sites. Tournament. Campbell finished at 18-under- ing as far back as the 12th century have been Why are similar measures not being taken par 270, to win the invitational. burned to the ground by Kosovar Albanians, in response to the violence against the Campbell has been a rising star in the golf as have numerous ethnic Serb villages. Dozen Kosovar Serbs and their Orthodox churches world since he graduated from the Buy.Com of Serbs have been murdered or are missing. and monasteries? Tour in 2001 to the U.S. PGA Tour. He won Despite the presence of 18,000 international Just as we did in Bosnia, we should make three events in his first season in 2001 on the troops, tyranny and terror has returned to aid, assistance, positive diplomatic relations, Buy.Com Tour and quickly progressed to the Kosovo. and loan guarantees conditional upon an im- U.S. PGA Tour in less than a month. In 2002 These acts of terror are designed to eradi- provement in the human rights situation. In alone, he secured two top-10s and safely kept cate the remaining physical and cultural pres- particular, we must make it absolutely clear to his card for 2003, where he would win four ence of the Serbian people in Kosovo, and the leadership of the Kosovar Albanians that top-10s by the end of March. Chad Campbell therefore of the Christian presence in the re- we expect them to investigate these and pre- would finish the season with one win, three gion. No other explanation of these sickening vious crimes against Kosovo’s Serb minority second places, and total winnings of $4 mil- events is credible. Spontaneous reactions of and arrest and prosecute the perpetrators of lion. embittered communities never manifest them- these crimes. Since 1999, not a single homi- A challenging invitational, Chad Campbell selves like this. cide against a Kosovar Serb has even gone to competed neck-in-neck with fellow golfer Stu- Derek Chappell, the U.N.’s Kosovo Mission trial. This cannot stand. art Appleby. On the ninth hole, Appleby lost spokesman said of the recent attacks against Additionally, we must double our efforts to the lead when he got another bogey and fell Serbs, ‘‘It was planned in advance.’’ Another create secure conditions for the successful behind for the first time in 27 holes. Appleby U.N. official, speaking on the condition of ano- and permanent return of a critical mass of later three-putted the par-3 14th hole, leaving nymity, stated that ‘‘This is planned, coordi- Kosovo Serbs. We must make it clear to the a potential opening for Campbell. nated, one-way violence from the Albanians Albanian leadership that their abuse of the Next, Campbell holed his birdie putt. Now against the Serbs. It is spreading and has U.N.-created interim institutions of Kosovo Campbell held Appleby by a two-shot lead been brewing for the past week... Wher- cannot continue. A free people committed to with three holes to play. By the last round, ever there is a Serbian population, there is Al- the principles of democracy and representative though, Campbell trailed four behind Appleby. banian action against them.’’ government, human rights standards and the The strong, determined player that he is, Recent violent reactions by hooligans in principle of religious freedom, cannot translate Campbell answered the challenge by pro- Serbia that resulted in the torching of two that into tyranny of the majority. mosques—one in Belgrade and another in the ducing a rock-solid, bogey-free round of 66, second largest city of Nis—were tragic and f leaving him within one shot at the turn and cannot be justified. The reaction of the Bel- CHAD CAMPBELL WINS BAY HILL tied after the 12th hole. He finished the day grade authorities in condemning these acts INVITATIONAL with a birdie on every putt. Chad Campbell’s and arresting the perpetrators was swift and victory at the invitational allows him to return efficient. Hundreds of rioters were arrested HON. MICHAEL C. BURGESS to next year’s Mercedes Championships. Once again, I articulate my sincere con- and the situation is under control. Acting Sec- OF TEXAS gratulations to Mr. Campbell for his hard work retary Armitage also praised on March 19 the IN THE HOUSE OF REPRESENTATIVES quick action of Belgrade authorities in quelling and rally at the Bay Hill Invitational in Orlando, violence against Muslim religious sites and Wednesday, March 31, 2004 Florida; and I look forward to watching his out- properties in Serbia, and thanked the Serbian Mr. BURGESS. Mr. Speaker, I rise today to standing career in the years ahead. Government for effectively strengthening recognize Chad Campbell for his outstanding

VerDate mar 24 2004 03:37 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A31MR8.041 E31PT1 E500 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2004 SENATE COMMITTEE MEETINGS 2 p.m. Army and Navy military construction Appropriations programs. Title IV of Senate Resolution 4, VA, HUD, and Independent Agencies Sub- SD–138 agreed to by the Senate on February 4, committee 1977, calls for establishment of a sys- To hold hearings to examine proposed APRIL 8 tem for a computerized schedule of all budget estimates for fiscal year 2005 for 9:30 a.m. meetings and hearings of Senate com- the Department of Veterans Affairs. Armed Services mittees, subcommittees, joint commit- SD–192 To hold closed hearings to examine mili- tees, and committees of conference. tary implications of the United Na- This title requires all such committees APRIL 7 tions Convention on the Law of the to notify the Office of the Senate Daily 9:30 a.m. Sea; to be followed by an open hearing Digest—designated by the Rules Com- Foreign Relations at 10 a.m. in SH–216. To hold hearings to examine the United SH–219 mittee—of the time, place, and purpose Nations oil-for-food program. 2:30 p.m. of the meetings, when scheduled, and SD–419 Foreign Relations any cancellations or changes in the 10 a.m. European Affairs Subcommittee meetings as they occur. Governmental Affairs To hold hearings to examine anti-Semi- As an additional procedure along To resume hearings to examine U.S. tism. with the computerization of this infor- Postal Service reform issues, focusing SD–419 mation, the Office of the Senate Daily on the chairmen’s perspective on gov- Appropriations Digest will prepare this information for ernance and rate-setting. Foreign Operations Subcommittee SD–342 To hold hearings to examine proposed printing in the Extensions of Remarks Indian Affairs budget estimates for fiscal year 2005 for section of the CONGRESSIONAL RECORD Business meeting to consider pending foreign operations. on Monday and Wednesday of each calendar business. SD–138 week. SR–485 Energy and Natural Resources Meetings scheduled for Thursday, Judiciary National Parks Subcommittee April 1, 2004 may be found in the Daily Administrative Oversight and the Courts To hold hearings to examine National Digest of today’s RECORD. Subcommittee Park Service concessions program, in- To hold hearings to examine a proposal cluding implementation of the Na- MEETINGS SCHEDULED to split the Ninth Circuit. tional Park Service Concessions Man- SD–226 agement Improvement Act (Public Law APRIL 2 2 p.m. 105–391). Banking, Housing, and Urban Affairs SD–366 9:30 a.m. To hold hearings to examine the Na- Armed Services tional Bank Preemption Rules. APRIL 21 Emerging Threats and Capabilities Sub- SD–538 committee 2:30 p.m. Governmental Affairs To hold hearings to examine the pro- Appropriations Financial Management, the Budget, and posed Defense Authorization Request Foreign Operations Subcommittee International Security Subcommittee for fiscal year 2005, focusing on the De- To hold hearings to examine proposed To hold hearings to examine S. 346, to partment of Defense Counternarcotics budget estimates for fiscal year 2005 for amend the Office of Federal Procure- Program; to be followed by a closed foreign assistance and to combat inter- ment Policy Act to establish a govern- session in SR–232A. national terrorism. mentwide policy requiring competition SR–222 SD–124 in certain executive agency procure- Joint Economic Committee ments. To hold hearings to examine the employ- APRIL 27 SD–342 ment situation for March. 10 a.m. 2:30 p.m. 1334 LHOB Energy and Natural Resources Foreign Relations To hold an oversight hearing to examine African Affairs Subcommittee APRIL 4 sustainable, low emission, electricity To hold hearings to examine fighting generation. 2:30 p.m. HIV/AIDS in Africa; to be followed by a SD–366 Intelligence nominations hearing. Closed business meeting to consider pend- SD–419 MAY 11 ing intelligence matters. Judiciary SH–219 Antitrust, Competition Policy and Con- 10 a.m. Intelligence sumer Rights Subcommittee Energy and Natural Resources Closed business meeting to consider pend- To hold hearings to examine crude oil re- To hold hearings to examine the impacts ing intelligence matters. lating to higher gas prices. and costs of last year’s fires, focusing SH–219 SD–226 on the problems faced last year and Environment and Public Works what problems agencies and the land APRIL 6 Fisheries, Wildlife, and Water Sub- they oversee may face next season, in- 9:30 a.m. committee cluding aerial fire fighting assests and Environment and Public Works To hold an oversight hearing to examine crew, and overhead availability. Fisheries, Wildlife, and Water Sub- the detection of lead in District of Co- SD–366 committee lumbia drinking water, focusing on To hold hearings to examine S. 1366, to needed improvements in public com- SEPTEMBER 21 authorize the Secretary of the Interior munications and the status of short- 10 a.m. to make grants to State and tribal gov- and long-term solutions. Veterans’ Affairs ernments to assist State and tribal ef- SD–406 To hold joint hearings with the House forts to manage and control the spread Appropriations Committee on Veterans’ Affairs to ex- of chronic wasting disease in deer and Military Construction Subcommittee amine the legislative presentation of elk herds. To hold hearings to examine proposed the American Legion. SD–406 budget estimates for fiscal year 2005 for 345 CHOB

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HIGHLIGHTS House Committees ordered reported seven sundry measures. Senate A unanimous-consent agreement was reached pro- Chamber Action viding for further consideration of the bill at 10:30 Routine Proceedings, pages S3389–S3517 a.m., on Thursday, April 1, 2004, provided that Measures Introduced: Six bills and one resolution there be 60 minutes of debate equally divided, with were introduced, as follows: S. 2262–2267, and S. a vote on the motion to invoke cloture on the com- Res. 326. Pages S3455–56 mittee amendment in the nature of a substitute, to Measures Passed: occur at approximately 11:30 a.m. Page S3515 Professional Boxing Amendments Act: Senate Treaty Approved: The following treaty having passed S. 275, to amend the Professional Boxing passed through its various parliamentary stages, up Safety Act of 1996, and to establish the United to and including the presentation of the resolution States Boxing Administration, after agreeing to the of ratification, upon division, two-thirds of the Sen- committee amendment in the nature of a substitute, ators present and having voted in the affirmative, the and the following amendment proposed thereto: resolution of ratification was agreed to: Pages S3499–S3510 The Protocol to the Agreement of the Inter- Frist (for McCain) Amendment No. 3006, in the national Atomic Energy Agency Regarding Safe- guards in the United States (Treaty Doc. 107–7), nature of a substitute. Page S3510 with 2 conditions and 8 understandings. Budget Resolution—House Message: Senate began Pages S3511–15 consideration of the House Message to accompany S. Con. Res. 95, setting forth the congressional budget Nominations Confirmed: Senate confirmed the fol- for the United States Government for fiscal year lowing nominations: 2005 and including the appropriate budgetary levels Alphonso R. Jackson, of Texas, to be Secretary of for fiscal years 2006 through 2009, and took the fol- Housing and Urban Development. lowing action: Pages S3393–S3407 2 Air Force nominations in the rank of general. Senate disagreed to the amendment of the House, 28 Army nominations in the rank of general. agreed to the request for a conference with the 2 Navy nominations in the rank of admiral. House, and the Chair appointed the following con- Routine lists in the Air Force, Army, Navy. ferees on the part of the Senate: Senators Nickles, Pages S3516–17 Domenici, Grassley, Gregg, Conrad, Hollings, and Messages From the House: Page S3454 Sarbanes. Page S3407 Measures Referred: Page S3454 Welfare Reform Reauthorization: Senate continued consideration of H.R. 4, to reauthorize and im- Executive Communications: Pages S3454–55 prove the program of block grants to States for tem- Additional Cosponsors: Pages S3456–57 porary assistance for needy families, improve access to quality child care, taking action on the following Statements on Introduced Bills/Resolutions: Pages S3457–62 amendment proposed thereto: Pages S3407–48 Pending: Additional Statements: Pages S3453–54 Boxer/Kennedy Amendment No. 2945, to amend Amendments Submitted: Pages S3462–99 the Fair Labor Standards Act of 1938 to provide for an increase in the Federal minimum wage. Authority for Committees to Meet: Page S3499 Page S3407 Privilege of the Floor: Page S3499 D323

VerDate mar 24 2004 04:28 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D31MR4.REC D31MR4 D324 CONGRESSIONAL RECORD — DAILY DIGEST March 31, 2004 Adjournment: Senate convened at 9:30 a.m., and USAR, Chief, Army Reserve; Vice Admiral John G. adjourned at 7:27 p.m., until 9:30 a.m., on Thurs- Cotton, USNR, Chief, Naval Reserve; Lieutenant day, April 1, 2004. (For Senate’s program, see the General Dennis M. McCarthy, USMCR, Com- remarks of the Majority Leader in today’s Record on mander, Marine Forces Reserve; and Lieutenant Gen- page S3515.) eral James E. Sherrard III, USAFR, Chief, Air Force Reserve. Committee Meetings TANKER AIRCRAFT (Committees not listed did not meet) Committee on Armed Services: Committee met in closed APPROPRIATIONS: DEPARTMENT OF session to receive a briefing on the acquisition of the ENERGY Boeing KC–767A tanker aircraft from Joseph E. Schmitz, Inspector General, Henry Kleinknecht, Pro- Committee on Appropriations: Subcommittee on Energy gram Director, Contract Audits, John F. Meling, and Water Development concluded a hearing to ex- Program Director, Acquisition Audits, Francis E. amine proposed budget estimates for fiscal year 2005 Reardon, Deputy Inspector General for Auditing, for the Department of Energy’s Office of Environ- and David K. Steensma, Director, Contract Manage- mental Management, Office of Civilian Radioactive ment Directorate, all of the Office of the Inspector Waste Management, and Office of Environment, General, Department of Defense. Safety and Health, after receiving testimony from Jessie Hill Roberson, Assistant Secretary for Environ- MUTUAL FUND INDUSTRY mental Management, Margaret Chu, Director, Civil- ian Radioactive Waste Management, and Beverly Committee on Banking, Housing, and Urban Affairs: Cook, Assistant Secretary for Environment, Safety Committee continued hearings to examine the cur- and Health, all of the Department of Energy. rent investigations and regulatory actions regarding the mutual fund industry, focusing on soft-dollar APPROPRIATIONS: INTELLIGENCE practices, after receiving testimony from Harold S. Committee on Appropriations: Subcommittee on Defense Bradley, American Century Investments, Kansas concluded a closed hearing to examine proposed City, Missouri; Geoffrey I. Edelstein, Westcap Inves- budget estimates for fiscal year 2005 for intelligence tors, Los Angeles, California, on behalf of Investment and world wide threat assessment, after receiving tes- Counsel Association of America, Inc.; Howard M. timony from George Tenet, Director, Central Intel- Schilit, Center for Financial Research and Analysis, ligence Agency. Rockville, Maryland; Grady G. Thomas, Jr., The APPROPRIATIONS: SAA/CAPITOL POLICE Interstate Group, Division of Morgan Keegan and Company, Inc., Charlotte, North Carolina; and Benn Committee on Appropriations: Subcommittee on Legisla- Steil, Council on Foreign Relations, and Joseph M. tive Branch concluded hearings to examine proposed Velli, The Bank of New York, both of New York, budget estimates for fiscal year 2005 for the U.S. New York. Capitol Police and the Senate Sergeant-at-Arms, after receiving testimony from Terrance W. Gainer, Chief, MUTUAL FUND INDUSTRY United States Capitol Police; and William H. Pickle, Senate Sergeant at Arms and Doorkeeper; and W. Committee on Banking, Housing, and Urban Affairs: Wilson Livingood, Chairman, United States Capitol Committee continued a hearing to examine the cur- Police Board. rent investigations and regulatory actions regarding the mutual fund industry, focusing on fund costs DEFENSE: AUTHORIZATION and distribution practices, receiving testimony from Committee on Armed Services: Subcommittee on Per- Senators Fitzgerald, Collins, Levin, and Akaka; Paul sonnel concluded a hearing to examine the Defense G. Haaga, Jr., Capital Research and Management authorization request for fiscal year 2005, focusing Company, Los Angeles, California, on behalf of the on active and Reserve military and civilian personnel Investment Company Institute; Mark Treanor, programs, after receiving testimony from Thomas F. Wachovia Corporation, Charlotte, North Carolina, Hall, Assistant Secretary of Defense for Reserve Af- on behalf of the Financial Services Roundtable; Chet fairs; Lieutenant General H. Steven Blum, ARNG, Helck, Raymond James Financial, Inc., St. Peters- Chief, National Guard Bureau, Army National burg, Florida; Thomas O. Putnam, Fenimore Asset Guard; Lieutenant General Roger C. Schultz, Management, Inc., Cobleskill, New York; and Ed- ARNG, Director, Army National Guard; Lieutenant ward A.H. Siedle, Benchmark Financial Services, General Daniel James III, ANG, Director, Air Na- Inc./Benchmark Companies, Ocean Ridge, Florida. tional Guard; Lieutenant General James R. Helmly, Committee recessed subject to the call.

VerDate mar 24 2004 04:28 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D31MR4.REC D31MR4 March 31, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D325 NOMINATIONS Reno, Nevada; Derrick Crandall, American Recre- Committee on Environment and Public Works: Com- ation Coalition, Dominic Izzo, American Society of mittee concluded a hearing to examine the nomina- Civil Engineers, Raymond J. Poupore, National tions of Stephen L. Johnson, of Maryland, to be Dep- Heavy and Highway Alliance, and Scott Faber Envi- uty Administrator, Ann R. Klee, of Virginia, to be ronmental Defense, all of Washington, D.C.; and an Assistant Administrator, Charles Johnson, of Gregory A. Zlotnick, Santa Clara Valley Water Dis- Utah, to be Chief Financial Officer, who was intro- trict, San Jose, California. duced by Senator Bennett, and Benjamin Grumbles, NOMINATION of Virginia, to be an Assistant Administrator, all of Committee on Foreign Relations: Committee concluded the Environmental Protection Agency, and Gary Lee a hearing to examine the nomination of Paul V. Visscher, of Maryland, to be a Member of the Chem- Applegarth, of Connecticut, to be Chief Executive ical Safety and Hazard Investigation Board, after Officer, Millennium Challenge Corporation, Depart- each nominee testified and answered questions in ment of State, after the nominee, who was intro- their own behalf. duced by Senator Schumer, testified and answered NATION’S WATER RESOURCE NEEDS questions in his own behalf. Committee on Environment and Public Works: Sub- MADRID TERRORIST ATTACKS committee on Transportation and Infrastructure con- Committee on Foreign Relations: Subcommittee on Eu- cluded a hearing to examine the role of the U.S. ropean Affairs concluded a hearing to examine the Army Corps of Engineers in meeting the nation’s effects of the Madrid terrorist attacks on U.S. Euro- water resource needs in the 21st century, including pean cooperation in the war on terrorism, after re- related provisions of the proposed Water Resources ceiving testimony from J. Cofer Black, Coordinator Development Act of 2004, after receiving testimony for Counterterrorism, Department of State; Robert from former Representative John T. Myers, on behalf Kagan, Carnegie Endowment for International Peace, of the National Waterways Conference; John Paul Robin Niblett, Center for Strategic and International Woodley, Jr., Assistant Secretary of the Army for Studies, Philip H. Gordon, Brookings Institution, Civil Works, and Lieutenant General Robert B. and James Dobbins, RAND Corporation, all of Flowers, Chief of Engineers, both of the U.S. Army Washington D.C. Corps of Engineers; Steve Levy, Office of the Suffolk County Executive, Hauppauge, New York; Michael BUSINESS MEETING A. Leone, American Association of Port Authorities, Select Committee on Intelligence: Committee met in Alexandria, Virginia; William G. Howland, Lake closed session to consider pending intelligence mat- Champlain Basin Program, Grand Isle, Vermont; ters. Michael W. Cameron, The Nature Conservancy, Committee recessed subject to the call. h House of Representatives Committee Election: The House agreed to H. Res. Chamber Action 590, electing Representative Chandler to the Com- Measures Introduced: Measures introduced will ap- mittees on Agriculture and International Relations. pear in the next issue of the Record. (See next issue.) Page H1745 Additional Cosponsors: (See next issue.) Suspensions: The House agreed to suspend the rules Reports Filed: There were no reports filed. and pass the following measure: Speaker: Read a letter from the Speaker wherein he Providing for an additional temporary extension appointed Representative LaHood to act as Speaker of programs under the Small Business Act and the Pro Tempore for today. Page H1743 Small Business Investment Act of 1958 through June 4, 2004: H.R. 4062, to provide for an addi- Chaplain: The prayer was offered today by Rev. tional temporary extension of programs under the Cynthia O. Baskin, Rector, St. James Episcopal Small Business Act and the Small Business Invest- Church in Potomac, Maryland. Page H1743 ment Act of 1958 through June 4, 2004. Pages H1746–50

VerDate mar 24 2004 04:28 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D31MR4.REC D31MR4 D326 CONGRESSIONAL RECORD — DAILY DIGEST March 31, 2004 Sense of the House regarding compensation LABOR, HHS, EDUCATION AND RELATED rates for civilian employees and members of the AGENCIES APPROPRIATIONS uniformed services: The House agreed to H. Res. Committee on Appropriations: Subcommittee on Labor, 581, expressing the sense of the House of Represent- Health and Human Services, Education and Related atives regarding rates of compensation for civilian Agencies held a hearing on the Centers for Disease employees and members of the uniformed services of Control and Prevention. Testimony was heard from the United States, by a yea-and-nay vote of 299 yeas Julie Louise Gerberding, M.D., Director, Centers for to 126 nays, Roll No. 104. Pages H1750–60 Disease Control and Prevention, and Administrator, H. Res. 585, the rule providing for consideration Agency for Toxic Substances and Disease Registry, of the resolution was agreed to by a voice vote. Department of Health and Human Services. Pages H1750–51 MILITARY CONSTRUCTION Recess: The House recessed at 12:31 p.m. and re- APPROPRIATIONS convened at 7:20 p.m. Page H1760 Committee on Appropriations: Subcommittee on Mili- Quorum Calls—Votes: One yea-and-nay vote de- tary Construction held a hearing on the Pacific Com- veloped during the proceedings today and appear on mand. Testimony was heard from the following offi- pages H1759–60. There were no quorum calls. cials of the Department of Defense: ADM Thomas Adjournment: The House met at 10 a.m. and at B. Fargo, USN, Commander, U.S. Pacific Command; 11:04 p.m. stands in recess subject to the call of the and GEN Leon J. LaPorte, USA, Commander, Re- chair. public of Korea-U.S. Combines Forces Command and Command Forces Korea. Committee Meetings VA, HUD AND INDEPENDENT AGENCIES APPROPRIATIONS COMMERCE, JUSTICE, STATE, JUDICIARY AND RELATED AGENCIES Committee on Appropriations: Subcommittee on VA, APPROPRIATIONS HUD and Independent Agencies held a hearing on the Department of Veterans Affairs. Testimony was Committee on Appropriations: Subcommittee on Com- heard from Anthony J. Principi, Secretary of Vet- merce, Justice, State, Judiciary and Related Agencies erans Affairs. held a hearing on FCC. Testimony was heard from Michael Powell, Chairman, FCC. NATIONAL DEFENSE AUTHORIZATION The Subcommittee also held a hearing on the BUDGET REQUEST—DOD SEC. Testimony was heard from William H. Don- Committee on Armed Services: Held a hearing on the aldson, Chairman, SEC. Fiscal Year 2005 National Defense Authorization budget request of the Department of Defense. Testi- DEFENSE APPROPRIATIONS mony was heard from the following officials of the Committee on Appropriations: Subcommittee on Defense Department of Defense: ADM Thomas B. Fargo, met in executive session to hold a hearing on Missile USN, Commander, U.S. Pacific Command; and Defense. Testimony was heard from LTG Ronald GEN Leon J. Laporte, USA, Commander, U.S. Kadish, USAF, Director, Missile Defense Agency, Forces Korea. Department of Defense. NATIONAL DEFENSE AUTHORIZATION ENERGY AND WATER DEVELOPMENT BUDGET REQUEST—DOD’S BUSINESS APPROPRIATIONS TRANSFORMATION EFFORTS Committee on Appropriations: Subcommittee on Energy Committee on Armed Services: Subcommittee on Ter- and Water Development held a hearing on Con- rorism, Unconventional Threats and Capabilities tributions of the Army Corps of Engineers in the held a hearing on the Fiscal Year 2005 National De- Restoration of Iraq and Afghanistan. Testimony was fense Authorization budget request—Department of heard from LTG Robert B. Flowers, USA, Chief, Defense’s Business Transformation Efforts. Testi- Corps of Engineers, Department of the Army. mony was heard from Gregory D. Kutz, Director, Financial Management and Assurance, GAO; the fol- HOMELAND SECURITY APPROPRIATIONS lowing officials of the Department of Defense: Committee on Appropriations: Subcommittee on Home- JoAnn Boutelle, Deputy Chief Financial Officer; land Security held a hearing on U.S. Coast Guard. Margaret E. Myers, Principal Deputy Under Sec- Testimony was heard from ADM Thomas H. Col- retary (Comptroller) and the Deputy Under Sec- lins, USCG, Commandant, U.S. Coast Guard, De- retary, Management Reform; Gary L. Winkler, Di- partment of Homeland Security. rector, Enterprise Integration, CIO/G6, Department

VerDate mar 24 2004 04:28 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D31MR4.REC D31MR4 March 31, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D327 of the Army; David M. Wennergren, Chief Informa- INCREASE INSURANCE CHOICES FOR tion Officer, Department of the Navy; John M. CONSUMERS Gilligan, Chief Information Officer, Department of Committee on Financial Services: Subcommittee on Cap- the Air Force; BG John R. Thomas, USMC, Director ital Markets, Insurance, and Government Sponsored C/4 Chief Information Officer, U.S. Marine Corps; Enterprises held a hearing entitled ‘‘Working with and public witnesses. State Regulators to Increase Insurance Choices for Consumers.’’ Testimony was heard from public wit- NATIONAL DEFENSE AUTHORIZATION nesses. BUDGET REQUEST—RESERVE COMPONENT OVERSIGHT—‘‘10 YEARS OF GPRA— TRANSFORMATION RESULTS DEMONSTRATED’’ Committee on Armed Services: Subcommittee on Total Committee on Government Reform: Subcommittee on Force held a hearing on the Fiscal Year 2005 Na- Government Efficiency and Financial Management tional Defense Authorization budget request on Re- held an oversight hearing entitled ‘‘10 Years of serve Component Transformation and Relieving the GPRA—Results, Demonstrated.’’ Testimony was Stress on the Reserve Component. Testimony was heard from Patricia Dalton, Director, Strategic heard from the following officials of the Department Issues, GAO; and public witnesses. of Defense: Albert C. Zapanta, Chairman, Reserve Forces Policy Board; Thomas F. Hall, Assistant Sec- MISCELLANEOUS MEASURES retary, Reserve Affairs; LTG H. Steven Blum, USA, Committee on International Relations: Ordered reported Chief, National Guard Board; LTG Roger C. the following bills: H.R. 4019, Concerning partici- Schultz, USA, Director, Army National Guard and pation of Taiwan in the World Health Organization; LTG James Helmly, USA, Chief, U.S. Army Re- H.R. 4011, amended, North Korea Human Rights serve, all with the Department of the Army; VADM Act of 2004; H.R. 4060, Peace Corps Safety and Se- John G. Cotton, USN, Director, U.S. Naval Reserve curity Act of 2004; H.R. 4061, Assistance for Or- and LTG Dennis M. McCarthy, USMC, Commander, phaned and Vulnerable Children in Developing Marine Forces Reserve, both with the Department of Countries Act of 2004. the Navy; and LTG Daniel James III, USAF, Direc- The Committee also favorably considered the fol- tor, Air National Guard and LTG James E. Sherrard lowing measures and adopted a motion urging the III, USAF, Chief, Air Force Reserve, both the De- Chairman to request that they be considered on the partment of the Air Force. Suspension Calendar: H.R. 4053, United States International Leadership Act of 2003; H. Res. 402, U.S.-CHINA TRADE Expressing the sense of the House of Representatives regarding the urgent need for freedom, democratic Committee on Energy and Commerce: Subcommittee on reform, and international monitoring of elections, Commerce, Trade, and Consumer Protection held a human rights, and religious liberty in the Lao Peo- hearing entitled ‘‘U.S.-China Trade: Preparations for ple’s Democratic Republic; H. Res. 535, amended, the Joint Commission on Commerce and Trade.’’ Expressing the concern and support of the House of Testimony was heard from Charles W. Freeman III, Representatives for local elected officials under threat Deputy Assistant U.S. Trade Representative; and of assassination, kidnapping, forcible displacement, public witnesses. and coercion by terrorist organizations in the Repub- lic of Colombia; H. Res. 563, amended, Expressing REVIEW TARGETING PROGRAM FOR SEA the sense of the House of Representatives regarding CARGO the one-year anniversary of the human rights crack- Committee on Energy Commerce: Subcommittee on Over- down in Cuba; H. Res. 576, amended, Urging the sight and Investigations held a hearing entitled ‘‘A Government of the People’s Republic of China to Review to Assess Progress with the Bureau of Cus- improve its protection of intellectual property rights; H. Con. Res. 326, Expressing the sense of Congress toms and Border Protection’s Targeting Program for regarding the arbitrary detention of Dr. Wang Sea Cargo.’’ Testimony was heard from the following Bingzhang by the Government of the People’s Re- officials of the Department of Homeland Security: public of China and urging his immediate release; Jayson Ahern, Assistant Commissioner; Vera Adams H. Con. Res. 336, Expressing the sense of Congress Port Director, Long Beach, CA., and Kevin McCabe, that the continued participation of the Russian Fed- Chief Inspector, Newark, New Jersey, all with the eration in the Group of 8 nations should be condi- Bureau of Customs and Border Protection, and Clark tioned on the Russian Government voluntarily ac- Kent Ervin, Inspector General; and a public witness. cepting and adhering to the norms and standards of

VerDate mar 24 2004 04:28 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D31MR4.REC D31MR4 D328 CONGRESSIONAL RECORD — DAILY DIGEST March 31, 2004 democracy; H. Con. Res. 352, Recognizing the con- Impact Reduction Act of 2004; and H.R. 4030, tributions of people of Indian origin to the United Congressional Medal for Outstanding Contributions States and the benefits of working together with in Math and Science Education Act. of 2004. India towards promoting peace, prosperity, and free- The Committee also began markup of H.R. 3970, dom among all countries of the world; H. Con. Res. Green Chemistry Research and Development Act of 378, Calling on the Government of the Socialist Re- 2004. public of Vietnam to immediately and uncondition- Will continue tomorrow. ally release Father Thaddeus Nguyen Van Ly; and H. RAILROAD ECONOMIC REGULATION Con. Res. 398, Expressing the concern of Congress STATUS over Iran’s development of the means to produce nuclear weapons. Committee on Transportation and Infrastructure: Sub- committee on Railroads held a hearing on the Status BELARUS AND ITS FUTURE of Railroad Economic Regulation. Testimony was Committee on International Relations: Subcommittee on heard from Roger Nober, Chairman, Surface Trans- Europe held a hearing on Belarus and Its future: De- portation Board, Department of Transportation; and mocracy or Soviet-Style Dictatorship? Testimony was public witnesses. heard from public witnesses. DOV’S EMPLOYMENT PRACTICES— ANABOLIC STEROID CONTROL ACT PROCEDURES FOR BACKGROUND CHECKS AND CREDENTIALING Committee on the Judiciary: Ordered reported, as amended, H.R. 3866, Anabolic Steroid Control Act Committee on Veterans’ Affairs: Subcommittee on Over- of 2004. sight and Investigations held a hearing on current Department of Veterans Affairs employment prac- OVERSIGHT—LEGAL SERVICES tices with regard to procedures for background CORPORATION checks and credentialing. Testimony was heard from Committee on the Judiciary: Subcommittee on Com- Cynthia Grubbs, R.N., Director, Office of Policy and mercial and Administrative Law held an oversight Planning, Bureau of Health Professions, Health Re- hearing on the Legal Services Corporation: Inquiry sources and Services Administration, Department of into the Activities of the California Rural Legal As- Health and Human Services; Cynthia A. Bascetta, sistance Program and Testimony Relating to the Director, Health Care—Veterans’ Health and Bene- Merits of Client Co-Pay. Testimony was heard from fits Issues, GAO; and Frances M. Murphy, M. D., Helaine M. Barnett, President, Legal Services Cor- Deputy Under Secretary, Health Policy Coordina- poration; and public witnesses. tion, Veterans Health Administration, Department of Veterans Affairs MISCELLANEOUS MEASURES Committee on the Judiciary: Subcommittee on Courts, BRIEFING IRAQ WMD UPDATE the Internet, and Intellectual Property approved for Permanent Select Committee on Intelligence: Met in execu- full Committee action, as amended, the following tive session to receive a briefing on Iraq Weapons of bills: H.R. 4077, Piracy Deterrence and Education Mass Destruction Update. The Committee was Act of 2004; H.R. 3632, Anti-Counterfeiting briefed by departmental witnesses. Amendments of 2003; and H.R. 3754, Fraudulent COUNTERINTELLIGENCE BUDGET Online Sanctions Act. Permanent Select Committee on Intelligence: Met in execu- OVERSIGHT—BUREAU OF INDIAN tive session to hold a hearing on Counterintelligence AFFAIRS—FEDERAL RECOGNITION AND Budget. Testimony was heard from departmental ACKNOWLEDGMENT PROCESS witnesses. Committee on Resources: Held an oversight hearing on the Federal recognition and acknowledgment process Joint Meetings by the Bureau of Indian Affairs. Testimony was heard from Representatives Johnson of Connecticut; 2005 BUDGET R. Lee Fleming, Director, Office of Federal Ac- Conferees met to resolve the differences between the knowledgment, Bureau of Indian Affairs, Depart- Senate and House passed versions of S. Con. Res. 95, ment of the Interior; and public witnesses. setting forth the congressional budget for the United States Government for fiscal year 2005 and includ- MISCELLANEOUS MEASURES ing the appropriate budgetary levels for fiscal years Committee on Science: Ordered reported, as amended, 2006 through 2009, but did not complete action the following bills: H.R. 3980, National Windstorm thereon, and recessed subject to the call.

VerDate mar 24 2004 04:28 Apr 01, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D31MR4.REC D31MR4 March 31, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D329 COMMITTEE MEETINGS FOR THURSDAY, United States of America and the Republic of Bulgaria APRIL 1, 2004 Concerning the Encouragement and Reciprocal Protection of Investment of September 23, 1992, signed at Brussels (Committee meetings are open unless otherwise indicated) on September 22, 2003 (Treaty Doc. 108–15), Protocol Senate Between the Government of the United States of America Committee on Appropriations: Subcommittee on Labor, and the Government of the Republic of Estonia to the Health and Human Services, and Education, to hold hear- Treaty for the Encouragement and Reciprocal Protection ings to examine proposed budget estimates for fiscal year of Investment of April 19, 1994, signed at Brussels on 2005 for the National Institutes of Health, 9:30 a.m., October 24, 2003 (Treaty Doc. 108–17), Additional Pro- SH–216. tocol Between the United States of America and the Subcommittee on Interior, to hold hearings to examine Czech Republic to the Treaty Between the United States proposed budget estimates for fiscal year 2005 for the In- of America and the Czech and Slovak Federal Republic dian Health Service, Department of Health and Human Concerning the Reciprocal Encouragement and Protection Services, 9:30 a.m., SD- 124. of Investment of October 22, 1991, signed at Brussels on Subcommittee on VA, HUD, and Independent Agen- December 10, 2003 (Treaty Doc. 108–18), Additional cies, to hold hearings to examine proposed budget esti- Protocol Between the United States of America and the mates for fiscal year 2005 for the Department of Housing Slovak Republic to the Treaty Between the United States and Urban Development, 10 a.m., SD–628. of America and the Czech and Slovak Federal Republic Subcommittee on Transportation, to hold hearings to Concerning the Reciprocal Encouragement and Protection examine future challenges facing the United States Postal of Investment of October 22, 1991, signed at Brussels on Service, 10 a.m., SD–138. September 22, 2003 (Treaty Doc. 108–19), Additional Subcommittee on Agriculture, Rural Development, and Protocol Between the Government of the United States of Related Agencies, to hold hearings to examine proposed America and the Government of the Republic of Latvia budget estimates for fiscal year 2005 for programs under to the Treaty for the Encouragement and Reciprocal Pro- its jurisdiction, 1 p.m., SD–192. tection of Investment of January 13, 1995, signed at Committee on Armed Services: to hold hearings to examine Brussels on September 22, 2003 (Treaty Doc. 108–20), the proposed Defense Authorization Request for fiscal Additional Protocol Between the Government of the year 2005, focusing on the military strategy and oper- United States of America and the Government of the Re- ational requirements of the unified and regional com- public of Lithuania to the Treaty for the Encouragement mands; to be followed by a possible closed session in and Reciprocal Protection of Investment of January 14, SR–222, 9:30 a.m., SD–106. 1998, signed at Brussels on September 22, 2003 (Treaty Subcommittee on Readiness and Management Support, Doc. 108–21), and Additional Protocol Between the to hold hearings to examine the proposed Defense Au- United States of America and the Republic of Poland to thorization Request for fiscal year 2005, focusing on mili- the Treaty Between the United States of America and the tary installation programs, 2:30 p.m., SR–232A. Republic of Poland Concerning Business and Economic Committee on Banking, Housing, and Urban Affairs: busi- Relations of March 21, 1990, signed at Brussels on Janu- ness meeting to mark up the proposed Federal Housing ary 12, 2004 (Treaty Doc. 108–22), 9:30 a.m., SD–419. Enterprise Regulatory Reform Act of 2004, 2 p.m., Committee on the Judiciary: business meeting to consider SD–538. S. 1735, to increase and enhance law enforcement re- Committee on Commerce, Science, and Transportation: Sub- sources committed to investigation and prosecution of committee on Science, Technology, and Space, to hold hearings to examine NASA fiscal year 2005 budget re- violent gangs, to deter and punish violent gang crime, to quest, 2:30 p.m., SR- 253. protect law abiding citizens and communities from vio- Committee on Environment and Public Works: Sub- lent criminals, to revise and enhance criminal penalties committee on Clean Air, Climate Change, and Nuclear for violent crimes, to reform and facilitate prosecution of Safety, to hold an oversight hearing to examine the im- juvenile gang members who commit violent crimes, to plementation of the National Ambient Air Quality Stand- expand and improve gang prevention programs, and the ards for particulate matter and ozone, 9:30 a.m., SD–406. nominations of Henry W. Saad, of Michigan, to be Committee on Foreign Relations: to hold hearings to exam- United States Circuit Judge for the Sixth Circuit, Peter ine Convention on International Interests in Mobile W. Hall, of Vermont, to be United States Circuit Judge Equipment and Protocol to Convention on International for the Second Circuit, William Gerry Myers III, of Interests in Mobile Equipment on Matters Specific to Idaho, to be United States Circuit Judge for the Ninth Aircraft Equipment, concluded at Cape Town, South Af- Circuit, Roger T. Benitez, to be United States District rica, on November 16, 2001 (Treaty Doc. 108–10), Addi- Judge for the Southern District of California, Jane J. tional Protocol Between the Government of the United Boyle, to be United States District Judge for the North- States of America and the Government of Romania Con- ern District of Texas, Marcia G. Cooke, to be United cerning the Reciprocal Encouragement and Protection of States District Judge for the Southern District of Florida, Investment of May 28, 1992, signed at Brussels on Sep- Paul S. Diamond, to be United States District Judge for tember 22, 2003 (Treaty Doc. 108–13), Additional Pro- the Eastern District of Pennsylvania, Walter D. Kelley, tocol Between the United States of America and the Re- Jr., to be United States District Judge for the Eastern public of Bulgaria Amending the Treaty Between the District of Virginia, and Matthew G. Whitaker, to be

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United States Attorney for the Southern District of Iowa, Committee on Financial Services, hearing entitled ‘‘Over- Department of Justice, 9:30 a.m., SD–226. sight of the Office of the Comptroller of the Currency,’’ Subcommittee on Immigration, Border Security and 10 a.m., 2128 Rayburn. Citizenship, to hold hearings to examine securing our Committee on Government Reform, to mark up the fol- borders under a temporary guest worker program, 2:30 lowing bills: H.R. 3737, Administrative Law Judges Pay p.m., SD–226. Reform Act of 2004; H.R. 3751, to require the Office Committee on Veterans’ Affairs: to hold hearings to exam- of Personnel and Management study and present options ine the nominations of Robert N. Davis, to be a Judge under which dental and vision benefits could be made of the United States Court of Appeals for Veterans available to Federal employees and other appropriate Claims, and Pamela M. Iovino, of the District of Colum- classes of individuals; H.R. 4012, to amend the District bia, to be an Assistant Secretary of Veterans Affairs for of Columbia College Access Act of 1999 to permanently Congressional Affairs, 2:30 p.m., SR–418. authorize the public school and private school tuition assistance programs established under the Act; H.R. 1822, House to designate the facility of the United States Postal Serv- Committee on Appropriations, Subcommittee on Com- ice located at 3751 West 6th Street in Los Angeles, Cali- merce, Justice, State, Judiciary and Related Agencies, on fornia, as the ‘‘Dosan Ahn Chang Ho Post Office’’; H.R. Broadcasting Board of Governors, 10 a.m., and on De- 3939, to redesignate the facility of the United States partment of State International Organizations, 2 p.m., Postal Service located at 14–24 Abbot Road in Fair H–309 Capitol. Lawn, New Jersey, as the ‘‘Mary Ann Collura Post Office Subcommittee on District of Columbia, on Public De- Building’’; H.R. 3942, to designate the facility of the fender Services; Court Services, and Offender Supervision, United States Postal Service located at 7 Commercial 10 a.m., 2362A Rayburn. Boulevard in Middletown, Rhode Island, as the ‘‘Rhode Subcommittee on Foreign Operations, Export Financ- Island Veterans Post Office Building’’; H.R. 4037, to ing and Related Programs, on U.S. Agency for Inter- designate the facility of the United States Postal Service national Development, 10 a.m., 2359 Rayburn. located at 475 Kell Farm Drive in Cape Girardeau, Mis- Subcommittee on Homeland Security, on Information souri, as the ‘‘Richard G. Wilson Processing and Dis- Analysis and Infrastructure Protection, 10 a.m., 2362B tribution Facility’’; H. Res. 399, Honoring the life and Rayburn. legacy of Melvin Jones and recognizing the contributions Subcommittee on Interior, on National Endowment for of Lions Clubs International; H. Res. 578, Supporting the the Arts, 10 a.m., and on National Endowment for the goals and ideals of Financial Literacy Month; and S. Con. Humanities, 11 a.m., B–308 Rayburn. Res. 97, Recognizing the 91st annual meeting of the Subcommittee on Labor, Health and Human Services, Garden Club of America, 10 a.m., 2154 Rayburn. Education and Related Agencies, on Workforce Prepara- Subcommittee on Criminal Justice, Drug Policy and tion and Training, 10 a.m., 2358 Rayburn. Human Resources, hearing entitled ‘‘Afghanistan: Are the Subcommittee on Transportation, Treasury, Inde- British Counternarcotics Efforts Going Wobbly?’’ 11:30 pendent Agencies, on Executive Office of the President, a.m., 2154 Rayburn. 10 a.m., 2358 Rayburn. Subcommittee on Criminal Justice, Drug Policy and Subcommittee on VA, HUD and Independent Agen- Human Resources, hearing entitled ‘‘Marijuana and Medi- cies, on NSF, 2 p.m., 2358 Rayburn. cine: The Need for a Science-Based Approach,’’ 2 p.m., Committee on Armed Services, Subcommittee on Tactical Air and Land Forces, hearing on the Fiscal Year 2005 2154 Rayburn. National Defense Authorization budget request—Future Committee on International Relations, Subcommittee on Combat System and Force Protection Initiatives, 1 p.m., Africa, hearing on Fighting Terrorism in Africa, 2 p.m., 2118 Rayburn. 2172 Rayburn. Subcommittee on Terrorism, Unconventional Threats Subcommittee on International Terrorism, Non- and Capabilities, hearing on the Fiscal Year 2005 Na- proliferation and Human Rights, hearing on Al-Qaeda: tional Defense Authorization budget request—Destruc- The Threat to the United States and its Allies, 9:30 a.m., tions of the U.S. Chemical Weapons Stockpile—Program 2172 Rayburn. and Status, 10 a.m., 2118 Rayburn. Committee on the Judiciary, Subcommittee on Immigra- Committee on Energy and Commerce, hearing entitled ‘‘FY tion, Border Security and Claims, hearing on H.R. 3191, 2005 Budget Priorities for the Department of Energy,’’ to prescribe the oath of renunciation and allegiance for 9:30 a.m., 2123 Rayburn. purposes of the Immigration and Nationality Act, 2 p.m., Subcommittee on Health, to continue hearings entitled 2141 Rayburn. ‘‘Inter-governmental Transfers: Violations of the Federal- Committee on Resources, hearing on H.R. 898, Lumbee State Medicaid Partnership or Legitimate State Budget Recognition Act, 10 a.m., 1324 Longworth. Tool?’’ 2 p.m., 2322 Rayburn. Committee on Science, to continue markup of H.R. 3970, Subcommittee on Telecommunications and the Inter- Green Chemistry Research and Development Act of net, hearing entitled Legislative Hearing on the Reau- 2004, 10 a.m., 2318 Rayburn. thorization of the Satellite Home Viewer Improvement Subcommittee on Space, hearing on Lunar Science and Act, 2 p.m., 2123 Rayburn. Resources: Future Options, 1 p.m., 2318 Rayburn.

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Committee on Transportation and Infrastructure, Sub- Subcommittee on Health, hearing on The Medicare committee on Aviation, oversight hearing on Airport De- Discount Drug Card, 2 p.m., 1100 Longworth. regulation, 10 a.m., 2167 Rayburn. Permanent Select Committee on Intelligence, executive, hear- Committee on Veterans’ Affairs, Subcommittee on Bene- ing on Counternarcotics Budget, 9 a.m., H–405 Capitol. fits, oversight hearing to receive the report of the VA Vo- Subcommittee on Intelligence Policy and National Se- cational Rehabilitation and Employment Service Task curity, executive, hearing on Intelligence Community Force, 10 a.m., 334 Cannon. Language Capabilities, 1 p.m., H–405 Capitol. Committee on Ways and Means, to continue hearings on Board of Trustees 2004 Annual Reports, 12 p.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, April 1 10 a.m., Thursday, April 1

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H.R. 3550, morning business (not to extend beyond 10:30 a.m.), Sen- Transportation Equity Act: A Legacy for Users (subject to ate will continue consideration of H.R. 4, Welfare Re- a rule). form Reauthorization; with a vote on the motion to invoke cloture on the committee amendment in the nature of a substitute, to occur at approximately 11:30 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Emerson, Jo Ann, Mo., E495 McCarthy, Karen, Mo., E489, E496, E497 Faleomavaega, Eni F.H., American Samoa, E497 Maloney, Carolyn B., N.Y., E495 Andrews, Robert E., N.J., E488 Filner, Bob, Calif., E489 Payne, Donald M., N.J., E487 Baca, Joe, Calif., E496 Hastings, Alcee L., Fla., E489 Price, David E., N.C., E497 Bass, Charles F., N.H., E495 Hinchey, Maurice D., N.Y., E488 Rodriguez, Ciro D., Tex., E496 Becerra, Xavier, Calif., E492 Holden, Tim, Pa., E493 Roybal-Allard, Lucille, Calif., E490 Bereuter, Doug, Nebr., E493 Holt, Rush D., N.J., E491 Slaughter, Louise McIntosh, N.Y., E494 Burgess, Michale C., Tex., E499 Honda, Michael M., Calif., E498 Smith, Nick, Mich., E487 Capps, Lois, Calif., E494 Johnson, Eddie Bernice, Tex., E498 Solis, Hilda L., Calif., E495 Duncan, John J., Jr., Tenn., E488 Langevin, James R., R.I., E495 Tancredo, Thomas G., Colo., E487, E498 Emanuel, Rahm, Ill., E490 Levin, Sander M., Mich., E494 Walsh, James T., N.Y., E487, E487

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

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